0009 Tensions within our Constitutional Democracy (SMR 4.9)

Question 1

In America, we have a _____ government, meaning that we have a government that separates church and state. What is an example of early disagreements over this?

Answer 1

A Secular Government; Even within American history, there is a disagreement about the separation between church and state. For example, in early colonial times, the Massachusetts Bay Colony required membership to the puritan church to be a part of the govt

Question 2

What does the First Amendment claim about the freedom of religion?

Answer 2

“Congress shall make no laws respecting an establishment of religion or prohibiting the free exercise thereof.”

• Establishment clause: government may not establish an official religion
• Free exercise clause: government may not prevent individuals from practicing their religion

Question 3

What parts of the constitution cover the freedom of religion?

Answer 3

The First Amendment and Article VI which bans the requirement of a religious test for holding office

Question 4

Why did the founding fathers believe in a separation of church and state?

Answer 4

Jefferson, Madison, and others supported a separation of church from Civil govt “to protect the purity of both”. If religion got involved in politics it would be construed that the religion controls the govt – many original colonists came to the US for freedom of religion

Question 5

What did Patrick Henry argue for?

Answer 5

the need of government support for the establishment of places of worship

Question 6

What key cases challenged reinterpretations of the first amendment regarding prayer in public schools?

Answer 6

Engel vs. Vitale (1962)
Lee vs. Weisman (1992)
Santa Fe vs. Doe (2000)

Question 7

What was the Engel vs. Vitale (1962) case?

Answer 7

No school led daily prayer in public schools

Question 8

What was the Lee vs. Weisman case (1992) case?

Answer 8

Extended Engel vs. Vitale to include no religious exercises at graduation ceremonies

Question 9

What was the Santa Fe vs. Doe (2000) case?

Answer 9

Extended again to include no school-led prayers at extracurricular events

Question 10

If a student initiates a prayer or exercise in school, is it allowed?

Answer 10

Yes, it is allowed but a school can not enforce or lead it

Question 11

When was the phrase “under God” added to the pledge of allegiance and why?

Answer 11

1954: The phrase “Under God” was added to the pledge of allegiance, the reason this was added was because of the “Red Scare” and Mccarthyism taking place during the Cold War and the idea that communists weren’t religious and therefore would not say “under god”

Question 12

Which groups have opposed the pledge of allegiance since the 40’s?

Answer 12

Jehovah’s Witnesses as well as groups that don’t believe in God

Question 13

What supreme court case regarding the pledge resulted in the Supreme Court backing the legitimacy of the pledge?

Answer 13

Elk Grove Unified School District vs. Newdow (2002)

Question 14

What is one of the major concerns when it comes to protecting the rights of the minorities in a Majority system?

Answer 14

A Dictatorship of the Majority, “Tyranny of the majority” when the majority rule ignores the wishes of the minorities

Question 15

What are the various methods of determining the “majority”

Answer 15

Plurality (“first past the post”) aka gaining the practical majority, gaining more votes than everyone else (doesn’t have to be 50%)

or the fair majority where someone receives over 50% of the vote

Question 16

What did Madison argue in the Federalist Papers (Federalist 10)

Answer 16

argued that local governments could not protect minorities from abuse by local majorities like the federal govt could

Question 17

Who showed a historical opposition to majority rule?

Answer 17

Calhoun from SC in the 1830’s who argued for the concept of a concurrent majority requiring that state legislatures needed to support in their own vote the federal law in order for it to be followed within the state. The states should be able to nullify the federal laws if they did not find it to be constitutional.

Seen in his arguments for nullification during Andrew Jackson’s presidency with the “tariffs of abomination”

Question 18

What amendments helped strengthen minority rights over the years? (4)

Answer 18

15th amendment to give voting rights regardless of race

19th amendment: suffrage for women

24th amendment: elimination of the poll tax

26th Amendment: allows those over 18 to vote

Question 19

What other acts offered limited time solutions for strengthening minority rights?

Answer 19

Civil Rights Act 1964

Limited time solutions: quotas and protections (i.e. Affirmative Action & Title 9)

Question 20

When is plurality used to find the majority in the US govt?

Answer 20

We use plurality in some of our elections like Primary elections. In primary elections, there are more than two candidates but the point is to get the top two so then the actual incumbent will win with a fair majority. We use plurality to get to the majority

We don’t use plurality in the electoral college

Question 21

What are the different powers that we use when talking about state and federal govt?

Answer 21

Implied / Suggested
Concurrent / Shared
Delegated / Expressed
Reserved

Question 22

What are implied/suggested powers?

Answer 22

Powers that are not explicitly authorized by the constitution but things the federal govt can still do

(i.e. McCulloch vs. Maryland)

Question 23

What are concurrent/shared powers?

Answer 23

Powers shared by both federal govt and state govt (i.e you pay federal and state taxes)

Question 24

What are delegated/expressed (enumerated powers)

Answer 24

Things the constitution says the federal govt can do (i.e. have a navy)

Question 25

What are reserved / leftover powers?

Answer 25

The leftover powers are things that the federal gov doesn’t really care about (anything the federal govt doesn’t touch) – this is the powers that can become controversial like it did with slavery (i.e. right now with the marijuana debate, states have different laws than govt)

Question 26

What is the Elastic Clause?

Answer 26

Says that Congress can make laws about whatever they want

Question 27

What is the difference between a literal and a living understanding of the constitution?

Answer 27

Living Constitution: The Constitution has implied meanings and should be updated to stay current to the times, more of a liberal approach

Literal Constitution: If it doesn’t talk about it in the constitution, it doesn’t exist, more of a conservative approach

Question 28

What is jurisprudence?

Answer 28

how the law functions and a study of the law

Question 29

What is exclusionary rule?

Answer 29

A procedural role in the Supreme Court