Chapter 5 - The Constitution

Question 1

Constitutionalism

Answer 1

The constitution should be strictly followed and be of top importance.

Question 2

America vs Canada regarding constitutions

Answer 2

All Americans believe the constitution is great and amazing but interpret differently.
Lots of Canadians don’t like constitution.

Question 3

Second Amendment

Answer 3

A militia, necessary to the security of a free state, can bear arms.

Question 4

First Constitution

Answer 4

First one was called Articles of Confederation.

Philadelphia Convention tried to fix the errors of the first.

Question 5

Philadelphia Convention

Answer 5

The convention at which the founding fathers created the constitution.

Question 6

American Foundational Myth

Answer 6

Founding fathers are given heroic status because they lead society to freedom.
The revolution was like big military battle coming together etc.
People died for this fucking… idk ideal state?

Question 7

Originalists

Answer 7

Those who attempt to interpret the constitution by trying to best guess what the founding fathers meant in the 1780s.

Question 8

Divisive Issues at the Convention

Answer 8

Big States vs Small States
Institutional Power
State vs. Federal Governments
Slavery??

Question 9

Inception of Congress as it relates to Big States v Small States

Answer 9

• Bicameral legislature (end up being 1 to benefit large states (rep by pop), one for small).

Question 10

Federalism

Answer 10

State where sub-national governments are equal (pretty sure that’s not the definition) but it never ends up that way.
It’s not static.

Question 11

Evolution of Federalism

Answer 11

• Thirteen Colonies were powerful and independent.
• SCOTUS also established its own power somehow and through rulings gave feds a lot of power
• FDR’s New Deal, LBJ’s Great Society, and the Cold War also increased federal power

Question 12

American Civil War and Federalism

Answer 12

• Turned into a more unitary system (typical after civil war)

Question 13

The Imperial Presidency

Answer 13

• Result of the Cold War
• They had a lot more control over states in the name of public security
• Is now normalized

Question 14

Philadelphia Convention and Federalism

Answer 14

They intended it to be a very confederate system - a lot of state power.
More power now with the presidency and feds.

Question 15

Originalists and Federalism

Answer 15

Originalists believe President, Feds have too much power.

Question 16

OG Powers of Congress/President

Answer 16

Congress was supposed to have supreme public policy decisions, while the President just facilitated this and ran foreign policy.

Question 17

Living Document People and Centralization

Answer 17

• They ALL believe that the federal government needs to be more powerful because of evolving societies. You read that right. ALL of them.
  Believe its vagueness is it greatness.

Question 18

Constitution vs Bill of Rights

Answer 18

Bill of Rights created first, enshrined second.

BoR first of its kind in the world

Question 19

Slavery and the Constitution

Answer 19

Most obvious contradiction in the constitution.

Legally considered property.

Question 20

Constitutional Amendments

Answer 20

27 amendments passed - 10 were the bill of rights
So really 17.
2 of which were prohibition/removing prohibition

Question 21

Equal Rights Amendment (P. 124)

Answer 21

Constitutional amendment that you can’t pass sexist laws.

Hasn’t been passed because some are worried about equity laws (i’m skeptical)

Question 22

5 Functions of the Constitution

Answer 22

Creates government institution
Empowers those institution
Symbolism
Regulated Citizen-State relationship
Provides amending formula

Question 23

Forms of Constitutions

Answer 23

Written and unwritten
Unwritten = British-style based on laws, conventions, and precedents
Flexible or Rigid
American one is rigid.

Question 24

Amending the Constitution

Answer 24

Every single state agrees to constitutional convention
or
Two-thirds of both houses have to ratify it, the president, and then 3/4 (38) state legislatures.

Question 25

Common Principles in the Constitution

Answer 25

1. Power should be limited (checks and balances)
2. Rights should be protected
3. The legislature should be the leading branch of government

Question 26

Marbury v Madison (1803)

Answer 26

After a 1789 law passed by Congress that gave jurisdiction to the SCOTUS, Chief Justice Marshall said that only the constitution can provide the limits of the judicial branch, not Congress.

Question 27

McCullouch v Maryland

Answer 27

A bank in Maryland was taxing national money and Chief Justice Maryland said it couldn’t do that. This meant that a) Congressional powers would include things implied in the constitution, and b) that state laws were inferior to national ones