1-The Constitutional Underpinnings

Question 0

Thomas Hobbes

Answer 0

His work Liviathan argued that the best way to protect life was to give total power to an absolute monarch.

Question 1

The Enlightenment

Answer 1

18th century movement that began with roots in the Scientific Revolution. Focused on reason rather than traditions to solve social dilemmas.

Question 2

John Locke

Answer 2

In Second Treatise on Civil Government, he argued that life, liberty, and property were natural rights granted by God. If a government did not respect and protect these rights, citizens have a right of revolution.

Question 3

Charles de Montesquieu

Answer 3

His De l’Esprit des Lois advocated for separation of power into 3 branches of government.

Question 4

Jean Jacques Rousseau

Answer 4

A government should be freely formed with the consent of the people (social contract–agreement among people).

Question 5

Accomplishments of the Articles of Confederation

Answer 5

1774-1781
Won the Revolutionary War, established the Northwest Ordinance, negotiated the treaty that ended the Revolutionary War, set the precedent of federalism

Question 6

Weaknesses of the Articles of Confederation

Answer 6

couldn’t draft soldiers, fed couldn’t tax, couldn’t pay off war debt, couldn’t control commerce, couldn’t interpret law (no Supreme Court), couldn’t enforce law(no exec branch), no national currency, needed unanimity to amend the Articles, needed 9 out of 13 states to pass legislation

Question 7

Northwest Ordinance

Answer 7

methods by which new states would enter the Union

Question 8

Shay’s Rebellion

Answer 8

a six-month rebellion in which more than 1,000 armed farmers attacked a federal arsenal to protest the foreclosure of farms in Massachusetts; exposed weakness of the Articles of Confederation and highlighted the need for a strong central government

Question 9

Constitutional Convention

Answer 9

in Philadelphia in 1787, rewrote the Articles and discussed how to control federal legislature

Question 10

Virginia Plan

Answer 10

strong government with each state represented proportionately to its population (large states)

Question 11

New Jersey Plan

Answer 11

each state would be represented equally, small states

Question 12

Great Compromise

Answer 12

a bicameral (two-house) legislature with a House of Reps (based on population) and a Senate (equal representation)

Question 13

Three-Fifths Compromise

Answer 13

slaves would count as three-fifths of a person when apportioning votes

Question 14

Federalist Papers

Answer 14

a series of newspaper articles supporting the Constitution written by Alexander Hamilton, James Madison, and John Jay; supposed to persuade the states of the benefits of federalism; primary source for understanding the original intent of the Framers

Question 15

Federalist No. 10

Answer 15

advocates for a large republic and warns of the dangers of democracy

Question 16

Who opposed the creation of a Bill of Rights and why?

Answer 16

Federalists. Hamilton feared that it would be interpreted as the only rights that people had, states’ bill of rights were sufficient

Question 17

Why did Anti-Federalists oppose a strong national government?

Answer 17

Would threaten citizens’ personal liberties and effectively make the president a king

Question 18

the necessary and proper clause of the Constitution

Answer 18

Article I, Section 8, aka elastic clause
make all laws that appear necessary and proper
ex. creation of the national bank, a cabinet for the president, district courts, courts of appeals

Question 19

executive order

Answer 19

bypass congress in policy making, not mentioned in the Constitution, has same effect as law
ex. executive order 9066–FDR ordered Japanese and German Americans removed from a military zone

Question 20

executive agreements

Answer 20

has many of the same elements as treaties, is between heads of countries

Question 21

Marbury v. Madison

Answer 21

1803, granted judicial review (right of Supreme Court to declare law unconstitutional)

Question 22

confederation

Answer 22

where states have most of the power, limited central government, legislative and judiciary branch but no exec branch
ex. France

Question 23

federalism

Answer 23

states and national government share power. ex. US, Switzerland, Germany, Australia

Question 24

enumerated powers

Answer 24

those that belong to the national government
aka delegated or expressed powers
include printing money, regulating interstate and international trade, making treaties and conducting foreign policy, declaring war

Question 25

reserved powers

Answer 25

those that belong to the states
ex. power to issue licenses, regulation of intrastate (within the states) businesses, responsibility to run and pay for federal elections

Question 26

concurrent powers

Answer 26

those shared by federal and state governments

ex. collecting taxes, building roads, operating courts of law, borrowing money

Question 27

full faith and credit clause

Answer 27

obligation of the states to accept court judgments, licenses, contracts, and other civil acts of all other states

Question 28

privileges and immunities clause

Answer 28

states may not refuse police protection or access to their courts to a US citizen just because he lives in a different state

Question 29

extradition

Answer 29

the process in which states must return fugitives to the states from which they have fled

Question 30

supremacy clause

Answer 30

requires conflicts between federal law and state law to be resolved in favor of federal law

Question 31

dual federalism

Answer 31

federal and state governments remain separate and independent
–this was the US for the first part of the nation’s history (national gov was concerned with international trade, constructing roads, distributing land in the west)

Question 32

what are the powers the federal government does not have?

Answer 32

cannot suspend writ of habeas corpus, cannot pass ex post facto laws or issue bills of attainder, cannot impose export taxes, cannot grant titles of nobility, cannot use money from treasure without passage and approval of an appropriations bill

Question 33

writ of habeas corpus

Answer 33

protects against illegal imprisonment

Question 34

ex post facto laws

Answer 34

retroactive laws; laws that make an act illegal even though the crime was committee before this law

Question 35

bills of attainder

Answer 35

declare an individual guilty of a capital offense without a trial

Question 36

what powers doesn’t the state government have?

Answer 36

cannot enter into treaties, cannot declare war, can’t have an army, cannot print money, cannot pass ex post facto laws or issue bills of attainder, cannot grant titles of nobility, cannot impose import or export duties

Question 37

States’ Rightists

Answer 37

define federalism as a relationship in which states retain most of the political power; want state and local governments to be able to decide how the grant money is used

Question 38

Nationalists

Answer 38

see the federal government as being supreme in all matters and ultimately in control; prefer to tie strings to grants to ensure that federal government maintains control over the money

Question 39

categorical grants

Answer 39

aid with strict provisions from the federal government on how it may be spent
ex. Medicaid and the Food Stamp Program

Question 40

block grants

Answer 40

permits the state to experiment and use the money as they see fit

Question 41

what are some techniques the federal government can do to force states to abide by federal law?

Answer 41

direct orders and preemption, a crossover sanction (requires state to do something before a grant will be awarded–ex. raise drinking age for money to build state roads)

Question 42

advantages of federalism

Answer 42

mass participation (voting), regional autonomy (states have some rights), government at many levels (politicians know concerns of their constituents), innovative methods (states can be used for policy experimentation before going nationwide)

Question 43

disadvantages of federalism

Answer 43

lack of consistency (differing policies can clog court system and create inequality in states), inefficiency (duplication of government and overlapping or contradictory policies), bureaucracy (power so spread out –> corruption and stalemate)

Question 44

can a person serve in more than one branch of the government at the same time?

Answer 44

no

Question 45

examples of checks and balances

Answer 45

• president chooses nominees for federal judges, cabinet officials, and ambassadors but senate must approve these nominees
• president negotiates treaties but 3/5 of senate must approve
• president can veto legislation, congress can override the veto with 2/3 approval from both houses, courts can declare unconstitutional

Question 46

amendment process (1)

Answer 46

• must be approved by 2/3 in both houses of congress
• 3/4 of state legislatures must ratify the amendment
• states determine how many votes equals ratification (7 states require 3/5 or 2/3 but most are simple majority)

Question 47

amendment process (2)

Answer 47

• congress can mandate that each state use a ratifying convention–delegates expressly elected to vote on the proposed amendment : then 3/4 of conventions must approve amendment
• second means of amendment: 2/3 of state legislatures could petition congress to call a constitutional convention (never been used)