chapter 2 Flashcards
What is divine right?
The idea that the power that rulers held was given by god
- What were Locke and Hobbes ideas of authority? Where did it come from? What happened after authority was given?
Authority came from people, if rights were not protected, people would make a new government.
- What did the Declaration of Independence do?
Declared that the colonies were leaving the rule of Britain
- What were some of the claims made by Jefferson in the Declaration of Independence? Where did rights come from? How did governments gain authority? What had King George III claimed about this?
Rights came from nature or nature’s god
governments gained authority from the people
- What was the first system of government after the revolution?
confederacy
- What were the features of that government?
A “League of Friendship” between states. Almost no federal power
- What issues occurred?
Economic problems, drought, and crop failures, states were responsible for relief
- What happened in Shay’s Rebellion? How did it affect the Articles of Confederation?
A march of farmers demanding relief in Massachusetts. Driving some of the founders to fix the articles
- What were the big three compromises at the time of the Constitution your text discusses?
Great (house (population) and senate (equal), three-fifths (yikes), federalism
- What was the Virginia Plan?
Congressional representation based on population (house)
- What was the New Jersey Plan?
Congressional representation equal for all states (senate)
- What were the ideological differences between the federalists and the anti-federalists? Which plan was associated with each group?
Federalists favored national government, favored virginia. Anti-federalists, new jersey
- What did Anti-federalists fear? Be careful here – this is after the Articles and this is a big state – little state issue.
They feared that big states would have an unfair advantage.
- What was the Great Compromise? What did it decide?
Decided house (population) and senate (equal)
- Did the Constitution seek to limit or restrict slavery? What did it say about slavery?
It used to be decided by states
- What was the 3/5ths compromise and what was the argument?
That each slave was worth 3/5ths of a person for the purposes of counting state populations for the house. This would give southern states a boost to their populations. It was agreed to in order to get southern states top ratify the constitution.
- Who wrote the Federalist Papers and what was their purpose?
Alexander Hamilton, James Madison, John Jay, under Publius, wrote them to promote federalism and ratification of the new U.S. constitution
- What were James Madison’s points about factions in Federalist 10? Why were they a danger? Could one stop them?
He believed factions were a major problem. He believed they could be held back by distance
- What were Madison’s points in Federalist 51 about the composition of the new government?
He asserts that checks and balances are important because people are not by nature virtuous
- Alexander Hamilton wrote Federalist 54 explaining why attaching a Bill of Rights to the original Constitution was a bad idea. What was his argument?
That if there were specific limits on what government could do, it would try to get as close to those limits as possible.
- Who wanted a Bill of Rights?
Anti-federalists
- How is the Constitution amended? How many states have to ratify an amendment for it be included?
either by 2/3 of both houses of congress or national convention called by 2/3 of state legislature. Then either ¾ of states agree or ¾ of states hold ratifying conventions.
- Which Articles gives each branch powers?
I, II, & III
- What does the phrase “enumerated powers” mean? What does the phrase “implied powers” mean?
Enumerated powers – congressional powers specifically named in the constitution
Implied powers – any powers not taken by the federal government are given to the states
- Which branch is the enforcer? Which one creates laws? Which one interprets laws?
Legislative creates, executive enforces, judicial interprets.
- What is the difference between separation of powers and checks and balances?
separation gives each branch of government its own roles and powers, checks and balances are powers that the branches have over each other.
- What is federalism?
The separation of government into state and national levels
- What was the purpose of the 10th Amendment?
Rights not given to the federal government are given to the states.
- What is the Supremacy Clause and how is it used?
Federal laws have priority over state laws
- What is the Commerce Clause and how is it used? What happened in Wickard v. Filburn and how did it shift the meaning of the clause? Watch the PBS video and look at the class notes.
Allows federal to regulate interstate commerce. Made it so the federal government had power over intrastate commerce if it could affect interstate commerce.
- What is the Necessary and Proper Clause and how is it used?
Congress can do anything “necessary and proper” to carry out its assigned powers
- What is Cooperative vs. Dual federalism? Look at class notes and video on federalism.
Dual federalism – clearly separated powers
Cooperative federalism – more mixed, less clearly defined powers
- What are concurrent powers?
Powers shared between state and federal government
- What are grants (block grants and funding measures)? How do they impact the balance of power between the state and the federal?
Grants are funds given to states to carry out a specific mandate. They are the federal exercising control over states
- What case set the precedent for the court to have judicial review? What is this and why is it important? - This case will be very important throughout the course. I have not named it here; you want to find it in your readings and learn about it. I have also included special notes on it in the Study Guide Folder and there was a video that addressed it in the Civil Rights and Civil Liberties video folder.
Marbury v. Madison. Judicial review is the ability of the supreme court to interpret the constitution and declare laws unconstitutional (only if case brought up)
- What did McCulloch v. Maryland decide?
That the necessary and proper clause was broad
