Test 2 Review

Test 2 Review - Exam Two Study Guide The following list of...

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Exam Two Study Guide The following list of terms reflects the potential subject matter of the exam. You should be familiar with the relevant information covered in the textbook, the reading packets, and (especially) class discussion. Remember that all exams are cumulative so be sure to revisit the material covered on previous exams. Judicial Power (cont.) Originalism (Robert Bork) Textualism Original intent Original understanding The living Constitution (William Brennan) The dead Constitution (Jefferson) Federalism Structural forms: unitary, confederal, federal Supremacy Clause State compact theory Virginia and Kentucky Resolutions Nullification and Interposition Secession Nullification Crisis of 1832 (South Carolina) Jackson’s Nullification Proclamation Bank of the United States Hamilton’s economic program Necessary and Proper Clause Tenth Amendment Jefferson’s opinion on the constitutionality of the bank (strict construction) Hamilton’s response (broad construction) McCulloch v. Maryland Commerce Clause Schechter Poultry v. U.S. (NIRA) Wickard v. Filburn (AAA of 1938) U.S. v. Lopez The Presidency: Article II Separation of Powers Non-delegation doctrine (see Schechter Poultry ) Qualities: independence, energy, responsibility Mode of election The unitary executive Vesting clauses Removal Power (Madison’s defense) Line-item veto Washington’s Neutrality Proclamation Youngstown v. Sawyer Executive privilege The Jay Treaty and Washington’s message to the House U.S. v. Nixon and Watergate
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Judicial Power (cont.) Originalism (Robert Bork)- advocating reliance on judges based on original framing of the constitution while objecting to modern decisions of the judges Bork’s was the first televised nomination Bork was an originalist Said that judges’ authority derives from the fact that he is applying the law and not his personal values Said that the task of the judge is to discern how the framers’ values, defined in the context of the world they knew, apply to the world we know today Constitution has a fixed meaning, but the context in which is applies changes “a judge who refuses to see new threats to an established constitutional value and hence provides a crabbed interpretation that robs a provision of its full, fair, and reasonable meaning, fails in his judicial duty”- Duty is to ensure that the powers and freedoms the framers specified are made effective judge’s job is to apply the law that the people have set forth Textualism- whenever we go about figuring out the Constitution, we look at the text (does it have a determinate meaning, and is it clear? Original intent- what did the original drafters mean Original understanding- what did those who ratified the amendments understand themselves to be ratifying The living Constitution (William Brennan)- allows for alterations from the dead generation If we don’t repair it we are consenting to it Aim of the constitution is to protect human dignity and rights Perception of human dignity changes over time
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Test 2 Review - Exam Two Study Guide The following list of...

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