Constitutional Law (PSCI 4200)
Department of Political Science
Western Michigan University
Professor Hurwitz
Spring 2009
Review Sheet – Exam #1
Note: The following are important terms and phrases covered in this first section of the course; they were
discussed in the readings, in class, or both. You should know both the meaning and significance of these
terms and phrases. While I have not listed any of the cases we have covered, you are responsible for
them as well, along with the information portrayed in the assigned readings.
Judicial Review and the Role of the Supreme Court
Declaration of Independence
Articles of Confederation
US Constitution (and Bill of Rights; Article III)
jurisdiction
federal jurisdiction: federal question, federal
parties, and diversity jurisdiction
appellate and original jurisdiction
writ of certiorari
legal and amicus curiae briefs
oral argument
opinion assignment
types of opinions: opinion of the Court;
concurring opinion; dissenting opinion;
per curiam; seriatim
limitations on judicial power
case or controversy: standing; ripeness;
mootness; advisory opinions; political
questions
Confederate Constitution (similarities and
differences from US Constitution)
judicial review
Federalist #78
debate between Justices Chase and Iredell
writ of mandamus
conflict of interest
supremacy clause
criticisms and benefits of Marbury v. Madison
writ of habeas corpus
extent of power of judicial review
should Supreme Court have judicial review?
judicial power in presidential elections
appropriate role of Supreme Court
dilemma as outlined by Pacelle
traditional vs. expanded definition of judicial
activism/restraint debate (judicial
review; statutory interpretation, judicial
precedent, constitutional interpretation)
justices’ concerns over legitimacy
dual role as suggested by Pacelle
methods of constitutional interpretation: original
intent vs. legitimate interpretation
precedent and stare decisis
Federalism
federalism/separation of powers
sources of federal power: commerce, necessary
and proper, and supremacy clauses
sources of state power: 10th Amendment
commerce; commerce among the states
implied congressional powers
national interest
commerce clause and federalism
strict vs. broad constructionist
original package doctrine
philosophies of CJ Marshall and CJ Taney on
states’ commerce powers
exclusive commerce power
dormant commerce power
concurrent commerce power
pre-emption
selective exclusiveness doctrine
police powers
discriminatory purpose
undue burden on interstate commerce
economic protectionism
less burdensome means
interferes w/ President’s diplomatic or foreign
policy responsibilities
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General Thoughts:
Much of what is contained in the assigned readings was discussed in class. However, there are a number
of assigned readings, such as those on course reserve, along with many details from Pacelle’s Role of the
Supreme Court book, that were not specifically discussed in class. As the syllabus indicates, the material
within these sources is important and can (indeed, it will) be tested. The question inevitably arises: what
do you need to know from these assigned readings? These sources are assigned to enhance your
understanding of constitutional law and the Supreme Court’s role in interpreting constitutional policy.
But additionally, be sure you know and understand the primary themes from each of the assigned
articles/books. The format of Exam #1 will be primarily multiple choice, along with other types of
questions such as short answers and essays.
Bring an exam book to answer the short answer/essay questions, and a pencil (and eraser) to fill in the
grading sheet for the multiple choice questions.
Multiple Choice
These are very particular questions where you must choose the correct (not the best) answer. Examples:
1)
In Marbury v. Madison (1803), the Supreme Court asserted: “It is emphatically the province and
duty of the _______ department to say what the law is.”
A.
legislative
B.
executive
C.
judicial
D.
state
2)
The Supreme Court in Marbury v. Madison (1803) held that section 13 of the Judiciary Act was
A.
unconstitutional, because it expanded the Supreme Court’s original jurisdiction
B.
unconstitutional, because it expanded the Supreme Court’s appellate jurisdiction
C.
constitutional, because it did not expanded the Supreme Court’s original jurisdiction
D.
constitutional, because it did not expanded the Supreme Court’s appellate jurisdiction
Essays
Short essays include the holding and rationale of cases we studied, a particular Justice’s viewpoint in an
area, identifications, and definitions. Long essays delve a bit deeper into issues similar as the short
essays; they include broad themes in the class, as well as questions on the assigned readings, whether or
not we discussed those readings in class.
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