1: Foundations Flashcards

1
Q

Constitutional Convention

A

1787, Philadelphia, 55 delegates (all states except RI)

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2
Q

Enlightenment concepts

A
  1. Natural rights
  2. Social contract
  3. Egalitarianism
  4. Liberty
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3
Q

Natural rights

A

Life, liberty, and property (John Locke)

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4
Q

AoC: how many states to pass laws?

A

9 of 13

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5
Q

AoC: Changes to articles

A

Unanimous consent

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6
Q

AoC: number of articles

A

13

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7
Q

AoC: representation

A

Every state 1 vote

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8
Q

How is limited government achieved?

A

Written constitutions

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9
Q

Participatory democracy

A

Emphasizes broad participation and engagement in political decision making

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10
Q

Pluralist democracy

A

Emphasizes non-governmental collective activism through interest groups

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11
Q

Elite democracy

A

Policymaking dominated by elected representatives as trustees

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12
Q

AoC: Congress

A

Formulated 1777, ratified 1781

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13
Q

Constitution: Key principles

A
  1. Separation of powers
  2. Federalism
  3. Checks and balances
  4. Popular government
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14
Q

Necessary and Proper Clause

A
  1. AKA Elastic Clause

2. Article I, Section 8

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15
Q

Supremacy Clause

A

Article VI, Clause 2

Preemption doctrine: allows courts to invalidate state laws in conflict with the Constitution, federal laws, and treaties

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16
Q

Federalists vs AF: Political positions

A

Federalists: favored large federal republic to better organize and defend the US

AF: Strong state and local governments and a weak national government

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17
Q

Federalists vs AF: Key supporters

A

Federalists: Washington, Hamilton, John Adams, John Jay

AF: Jefferson, Samuel Adams, James Monroe, Patrick Henry

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18
Q

Federalists vs AF: Economic position

A

Federalists: centralized economic oversight of the nations business through national bank; emphasis on manufacturing and industry

AF: agrarian economy of small farmers

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19
Q

Federalists vs AF: impact

A

Federalists: Constitution and ratification via Federalist Papers

AF: final wording of Constitution and Bill of Rights

20
Q

Federalists Papers authors

A

James Madison
Alexander Hamilton
John Jay (very few)

21
Q

Federalist No 10

A

James Madison

  1. Issue of factions - natural in any group of people
  2. Tyranny of the majority
  3. Diversity of the 13 states would control mischief of factions
22
Q

Brutus No 1

A

Robert Yates

  1. AF arguments against ratification
  2. Argued in favor of decentralized power with sovereignty localized in the states
  3. Instrumental in adding bill of rights
23
Q

Constitution: Article V

A

Provides 2 methods for amending Constitution

  1. Proposed by 2/3 vote in both houses
  2. Proposed by convention of the states at the request of 2/3 of state legislatures

Either - ratified by 3/4 of state legislatures or state conventions

24
Q

How are electors apportioned?

A

IAW Article II, Section 1

To each state equal in number to its Senators and members of the House

25
Q

Virginia Plan

A

James Madison

  1. Bicameral Congress
  2. Representation in both houses apportioned proportionately based on population
  3. Favors big states
26
Q

New Jersey plan

A
  1. Unicameral legislature
  2. One vote per state
  3. Favors small states
27
Q

Great Compromise

A

Connecticut Compromise

  1. Representation in the House based on population, popularly elected
  2. Equal representation in Senate, chosen by state legislatures
  3. Tax bills could only originate in the House
28
Q

Shays’ Rebellion

A

1786-1787

  1. Revolt against taxation, farm foreclosures, lack of political voice
  2. Highlighted problems with AoC
  3. Directly led to Constitution
29
Q

Slave Trade Compromise

A

Postponed possibility of congressional action against slave trade for 20 years

30
Q

3/5 Compromise

A

Allowed southern states to count slaves for purpose of seats in House and electoral college votes at 3/5 discount

31
Q

The Spirit of the Laws

A
  1. Montesquieu

2. Checks and balances indispensable to maintaining separation of powers

32
Q

Executive check against Legislative

A
  1. Veto
  2. Appoint heads of agencies
  3. Negotiate treaties
33
Q

Executive check against Judicial

A
  1. Appoint federal judges and Supreme Court Justices

2. Grand pardons or commutations

34
Q

Legislative check against Executive

A
  1. Override veto
  2. Confirm or reject appointments
  3. Ratify treaties
  4. Impeachment
35
Q

Legislative check against Judicial

A
  1. Create lower federal courts
  2. Impeach & confirm judges
  3. Propose amendments that override judicial rulings
36
Q

Judicial check against Executive

A
  1. Declare actions and orders unconstitutional

2. Lifetime tenure

37
Q

Judicial check against Legislative

A

Declare laws unconstitutional

38
Q

Federalist No 51

A

James Madison

  1. Checks and balances
  2. Men are self interested; separation not enough to protect against tyranny
39
Q

Federalism

A

Power is geographically distributed between and amongst a central government and various local governments

40
Q

New Deal

A

FDR

  1. Grants-in-aid
  2. Cooperative federalism
41
Q

Great Society

A

Greatest expansion of federal authority to the states since Great Depression

42
Q

New Federalism

A
  1. Nixon
  2. Block grants and revenue sharing
  3. Revenue sharing more successful
43
Q

Devolution Revolution

A

Reagan

  1. Elimination of revenue sharing
  2. Expanded use of block grants
  3. Return decision making to the states and reduce size and cost of federal bureaucracy
44
Q

Exclusive powers

A

Delegated to the federal government and enumerated in the constitution

45
Q

Concurrent powers

A

Exercised simultaneously by both the federal and state governments

46
Q

Reserved powers

A

Fall solely within the sovereignty of the states