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Hillsdale College > Constitution 101 > Flashcards

Constitution 101 Flashcards

1
Q

The founders intended for the Declaration and the Constitution to express what?

A

The same political philosophy.

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2
Q

What is the purpose of the Declaration of Independence?

A

Express the purpose of the nation.

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3
Q

What is the first part of the Declaration of Independence?

A

A statement of universal and timeless principles.

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4
Q

What is the second part of the Declaration of Independence?

A

A list of wrongs committed by King George III.

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5
Q

What is the third part of the Declaration of Independence?

A

The conclusion, that justifies the overthrowing of the old government and creating a new one.

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6
Q

What is the purpose of the Constitution?

A

Expresses how the government is supposed to look and operate in pursuit of the purpose expressed in the Declaration of Independence.

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7
Q

How does the government look like the Constitution?

A

The first three articles of the Constitution establish the three branches of government.

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8
Q

Why is government necessary?

A

The founders believed men are moral beings who are called to do right but often fail, and that the government is necessary to restrain and correct men’s moral failings.

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9
Q

How did the founders also view men in government?

A

The people in the government are also human, and the government needs to be controlled by the governed to prevent those who rule from becoming tyrants.

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10
Q

Why is America unique?

A
  • The story of America makes it the greatest of modern nations
  • It begins with settlers bringing the learning of Western civilization to the New World
  • The settlers wanted to establish a society dedicated to civil and religious liberty, a purpose that reached its perfection in the Declaration of Independence.
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11
Q

What is an aristocracy?

A

A form of society where an established elites governs everyone.

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12
Q

What kind of government is established in the Constitution?

A
  1. Divides the government into three branches.
  2. Sets up a government limited to few delegated powers.
  3. Establishes a limited government, but strong enough to successfully function.
  4. Establishes the first fully representative government in history.
  5. Establishes a government where authority is extended across time and space.
  6. Provides a government where people are intended to rule through persuasion and deliberation.
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13
Q

The Declaration of Independence opens with a __________________.

A

Declaration of universal principles.

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14
Q

What are some of the powers given to Congress in Article 1, Section 8?

A
  • Coin money
  • Collect taxes
  • Declare war
  • Regulate foreign and interstate commerce
  • Provide for national defense
  • Declare war
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15
Q

The Declaration of Independence should be understood as a __________ document, and the Constitution as a ___________ document.

A

Revolutionary, conservative

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16
Q

God appears four times in the Declaration of Independence as a:

A
  • Executive
  • Legislator
  • Judge
  • Creator
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17
Q

Aristotle explains human beings make laws because of their ability to ______.

A

Speak

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18
Q

In “Federalist 51,” James Madison writes, “If men were ______, no government would be necessary.”

A

Angels

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19
Q

The Declaration of Independence argues that King George III violated the principle of _____, which became a key feature of the Constitution.

A
  • Separation of powers
  • Representation
  • An independent judiciary
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20
Q

What is the primary purpose of the Constitution?

A

To empower, not limit, the government.

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21
Q

In “Federalist 63,” Madison argues the US is the first purely _________ government in history.

A

Representative

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22
Q

The Declaration of Independence establishes all legitimate power stems from the _______.

A

People

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23
Q

Until 1763, how did Great Britain treat the American colonies?

A

They mostly left them alone.

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24
Q

What war changed the British relationship with the colonies?

A

The French and Indian War.

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25
Q

How did the British relationship with the colonies change following the French and Indian War?

A
  • The British demanded greater colonial obedience through higher taxes.
  • The colonies felt less need for British protection after the defeat of the French and sought greater freedom.
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26
Q

What supported the movement for independence in America?

A

A doctrine of natural rights and law that had been popular in America since the early 18th century.

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27
Q

What made the American Revolution distinct?

A

Its appeal to natural rights, and that it was prosecuted in the name of universal principles for all human beings, regardless of time or place.

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28
Q

What is the most famous expression of natural rights and natural law?

A

The Declaration of Independence.

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29
Q

The idea of natural rights arises from the principle of equality. What is the principle of equality?

A

Because “all men are born free and equal,” human beings have a natural right to liberty from which all other rights are derived.

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30
Q

What two ways can the principle of equality be understood?

A
  1. It provides the foundation for the natural rights and obligations humans owe to each other
  2. It establishes no man has a right to rule over another without consent.
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31
Q

What is the social compact?

A

A group of people agree to form a government and accept its rules.

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32
Q

How is consent of the governed maintained in the social compact?

A

Regular elections.

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33
Q

According to the Declaration of Independence, why are governments established?

A

To secure the rights of its citizens.

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34
Q

How did state constitutions express the security of rights before the Declaration of Independence?

A

They stated it was the government’s duty to protect the people from harm to their lives, liberty, and property.

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35
Q

In what two ways can rights be secured?

A
  1. Protection from foreign threats through foreign policy, strong borders, and armed forces.
  2. Protection from other citizens through the creation and enforcement of criminal law.
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36
Q

What two phrases summarize the founders’ conception of law enforcement?

A

Equal justice of the laws and due process of law.

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37
Q

True or False: The federal government in early America was mostly responsible for domestic policy.

A

False

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38
Q

John Jay argued America was well suited to form a union because we shared:

A
  • A common language
  • The same political principles
  • Similar manners and customs
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39
Q

True or False: The Founders believed that, because natural rights are universal, the United States ought to protect rights all over the world.

A

False

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40
Q

The _____ Amendment was meant to apply the Founders’ basic conception of law enforcement to the states.

A

14th

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41
Q

What were the dominant governing bodies under the Articles of Confederation?

A

State governments

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42
Q

How were state governments structured under the Articles of Confederation?

A

Weak executives and strong legislatures.

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43
Q

What was the result of the poor structure of state governments under the Articles of Confederation?

A

The states practiced an extreme form of majority rule and legislative supremacy. This often failed to secure the rights of the citizens.

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44
Q

In “Vices of the Political System of the United States,” James Madison lists seven vices common to state governments under the Articles of Confederation. What did the last three vices have to do with?

A

The states passing laws that were too unjust, impractical, and too numerous to understand.

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45
Q

What did Jefferson say about majority rule in “Notes on the State of Virginia”?

A

Pure majority rule could be as despotic as the rule of a single individual (The threat of legislative supremacy).

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46
Q

What failures of the Articles of Confederation did George Washington detail in his letter to John Jay?

A

The Articles had too good of an opinion on human nature.

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47
Q

How is the mix of good and evil in human nature reflected in government?

A

The good is shown in consent of the governed, while the evil is reflected in the need for limited government and the rule of the majority.

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48
Q

What was the government like under the Articles of Confederation?

A

It was like a diplomatic alliance between the states.

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49
Q

What three arguments did the authors of the Federalist Papers make against the Articles of Confederation?

A
  1. It could not protect the rights of the people from foreign threats.
  2. It failed to secure the conditions necessary for commerce and prosperity.
  3. It could not protect the rights of the people from internal threats.
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50
Q

Why did the states need an improved federal government from the Articles of Confederation?

A

The problem of faction.

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51
Q

Men are by nature “_________, _________, and ________.”

A

Ambitious, vindictive, and rapacious.

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52
Q

What was wrong with paper money laws enacted in the states?

A

They violated the property rights of the creditors.

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53
Q

True or False: The Framers of the Constitution believed that consent is the only requirement for just government, because the people and their representatives are incapable of passing unjust laws.

A

False

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54
Q

The Framers of the Constitution believed human nature was ___________________.

A

A mixture of good and bad.

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55
Q

True or False: In Federalist 6, Hamilton argues that commercial republics are unlikely to fight with each other.

A

False

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56
Q

There is often tension between _______ and _________.

A

Consent and preservation of natural rights.

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57
Q

The tension in democratic governments like ____ and _______ proved unsafe for individual liberty.

A

Rome and Greece.

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58
Q

What are the improvements in the science of politics as described by Hamilton?

A
  1. Separation of powers
  2. Checks and balances
  3. An independent judiciary
  4. Representation
  5. Extended territory
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59
Q

What is the purpose of the improvements in the science of politics?

A

To secure a government that operates on the consent of the governed and protects the natural rights of individuals.

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60
Q

What does Madison analyze in “Federalist 10”?

A

The ways that a republic can confront the problem of faction.

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61
Q

How does Madison view minority vs. majority faction?

A
  • Minority faction is not a problem because it is outvoted by the majority
  • Majority faction is a problem
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62
Q

What are the two ways to deal with majority faction?

A
  • Eliminate its causes (Destroy liberty or give all citizens the same opinions, passions, and interests. Not possible or desirable)
  • Control its effects (By way of constitutional government)
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63
Q

What is a direct democracy?

A

All citizens gather to administer the government in person.

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64
Q

What is a republic?

A

A form of government that delegates operation to representatives, opening the possibility for a greater number of citizens and expanded territory.

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65
Q

How do republics control the effects of faction?

A
  1. Representatives filter people’s passions and allow reason to rule
  2. Extended territory means citizens will have greater diversity of interests and opinions, reducing the chance of factions emerging.
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66
Q

What did Madison write about the government in “Federalist 51”?

A

It is “the greatest of all reflections on human nature.”

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67
Q

What did Madison write about a republican form of government in “Federalist 55”?

A

It presupposes the existence of virtue in the people.

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68
Q

What is the main check on the government?

A

The people

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69
Q

What does the Constitution only work with?

A

A people who exhibit the virtues necessary for self-government.

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70
Q

True or False: In The Federalist Papers, Publius points to the achievements of Greek democracies as a reason to support free government.

A

False

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71
Q

Who was Publius?

A

The pseudonym used by Hamilton, Madison, and Jay when writing The Federalist Papers.

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72
Q

In “Federalist 10,” what does Madison write about representation?

A

It serves to “refine and enlarge the public views.”

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73
Q

In “Federalist 51,” what does Madison argue about check and balances and separation of powers?

A

They assume people in government will be ambitious.

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74
Q

Publius argues the mechanisms of the Constitution function simply as “_______________.”

A

Auxiliary precautions

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75
Q

True or False: According to Madison, the structure of the Constitution eliminated the need for the American people to possesses good character.

A

True

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76
Q

In addition to protecting natural rights, what must the government also do?

A
  • Protect the right to possess and acquire land
  • Promote morality
  • Support religious freedom
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77
Q

Acquiring property can be a source of _____ with other natural rights.

A

Conflict

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78
Q

All of the founders’ economic policies had the twofold end to_______ and ______________.

A
  • Protect existing property
  • Establish the conditions necessary to acquire property
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79
Q

What three sets of policies were necessary to protect the right to possess and acquire property?

A
  • Clear and distinct laws defining property ownership (Deeds)
  • Domestic free markets (The right to buy and sell, equal access to transportation)
  • A system of stable and sound currency (Government was not allowed to print money)
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80
Q

How did the founders feel about the impoverished?

A

A safety net of welfare programs should be established for them. These programs provided minimal support to protect life and often came with work requirements.

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81
Q

In what two senses did the founders understand morality?

A
  • The rules that ought to govern the relationship between citizens and government
  • The moral character or virtues of citizenry, including courage, vigilance against government oppression, and prudence.
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82
Q

The founders believed the government had a role in promoting morality through:

A
  • Formal and informal education
  • Laws punishing immorality, especially regarding marriage and family
  • Supporting religion
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83
Q

What was religious liberty not an absolute right?

A
  • It did not allow a citizen to violate the rules of society
  • It didn’t allow for exceptions to the law if they were not compatible with the continued order and protection of a free society (Quakers were not excused from the draft)
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84
Q

How can government support religion, according to the founders?

A

Only if the support does not violate the religious liberty of others.

85
Q

Why was encouraging religion considered a duty of the government?

A

For the sake of protecting natural rights.

86
Q

Thomas Jefferson argued that the natural law permits one to steal _____.

A

If one’s life is at stake.

87
Q

The Founders held that foreign commerce _____.

A

Should benefit the interests and rights of American citizens.

88
Q

True or False: The Founders believed that all welfare programs should be administered by private organizations.

A

False

89
Q

Marriage and family law during the Founding emphasized _____.

A

Protecting and raising children.

90
Q

Regarding the pacifism of the Quakers, George Washington believed that _____.

A

They could be required to take up arms for their country.

91
Q

How did the founders view slavery?

A

It was wrong on principle and was by definition an injustice.

92
Q

What were Hamilton and Madison’s view on slavery?

A

They referred to slaves as men and therefore possessed inalienable rights, including liberty.

93
Q

How did Jefferson view slavery?

A

It was bad for slaves, their masters, and society.

94
Q

What steps did the founders take to abolish slavery?

A
  • Nine states became free states immediately or shortly after the founding
  • States that retained slavery eased individual emancipation laws during this era
  • The U.S. abolished the slave trade in 1807, making it a capital offense
  • The Northwest Ordinance of 1787 banned slavery in the Northwest Territory (Ohio, Michigan, Indiana, Illinois, Wisconsin)
95
Q

If the founders tried to abolish slavery, why did it survive?

A
  • Simple self-interest
  • Concern for the security of slave owners
  • A desire to maintain the stability of the Union
  • A general optimism that slavery was on a path to extinction
96
Q

What were the reasons why progress towards emancipation failed in the southern states?

A

Personal - Founding principles required slave owners to continuously acknowledge their injustice
Intellectual - New theories of government that were hostile to founding principles, which held slavery to be a positive good rather than a necessary evil
Economic - The invention of the cotton gin and new strains of cotton, which made the production of cotton more efficient and profitable.
Social - Southern slave owners came to like the aristocratic life that slavery enabled

97
Q

Who was the most articulate proponent of the positive good argument of slavery?

A

John C. Calhoun

98
Q

What did John C. Calhoun argue about the principle of equality in the Declaration of Independence?

A

It is the “most false and dangerous of all political errors.”

99
Q

What did John C. Calhoun argue while rejecting the principles of the Declaration of Independence?

A
  • Man is not born naturally free, but into some form of government
  • Some people are more fit for liberty and self-government than others
  • Liberty is not a right that all of mankind ought to enjoy, but a prize fit for the most developed
100
Q

It didn’t take long for Southerners to embrace slavery as a ____________ after the founding.

A

Positive good

101
Q

The growing attachment to slavery was the catalyst for _______ and the _________.

A

Secession, Civil War

102
Q

In “Notes on the State of Virginia,” Jefferson writes that slavery teaches slave owners how to become _____.

A

Tyrants

103
Q

The slave trade was legally abolished in the United States in _____.

A

1807

104
Q

The Northwest Ordinance of 1787 _____.

A

Prohibited slavery in the Northwest Territory

105
Q

The Three-Fifths Clause in the Constitution _____.

A
  • Determined that three out of every five slaves were counted when determining a state’s total population for legislative representation and taxation
  • Was a compromise to secure the ratification of the Constitution
106
Q

True or False: James Madison and John C. Calhoun both argued that tyranny is better than anarchy.

A

False

107
Q

True or False: John C. Calhoun argued that human beings receive their rights as members of a group, and not as individuals.

A

True

108
Q

The pro-slavery critiques of Northern working conditions resemble the arguments of _____.

A

Karl Marx

109
Q

What did Frederick Douglass call slavery?

A

The “most stupendous of all lies”

110
Q

How did slavery transform society in order to protect itself?

A
  • Slavery must expand and take control of everything around it, like any other form of tyranny
  • The instability led southerners to increasingly create a police state to protect slavery
  • Freedom of speech, press, and the protection from unreasonable search and seizure were threats to slavery and had to be curtailed
111
Q

What did Abraham Lincoln say was the only way to satisfy the South?

A

Abandon moral conviction, and call slavery good

112
Q

What did Lincoln and Douglass see slavery as?

A

A poison that was transforming a free nation tolerated slavery out of necessity into a slave nation intolerant of freedom.

113
Q

How did the South view the election of Abraham Lincoln in 1860?

A

It was a repudiation and an insult to their way of life.

114
Q

In what two ways did the South justify their secession?

A
  • Undivided state sovereignty: The idea that each state is a fully independent nation (Thus the Constitution was nothing more than a treaty between individual nations)
  • Individual state secession: Each state could decide for itself whether the treaty had been violated and unilaterally secede from the Union
115
Q

What three ways did Lincoln describe the South’s secession?

A
  • Secession: But it was not secession because there is no unilateral right for one party to withdraw from a contract
  • Revolution: But it was not revolution because revolution is an appeal to natural law after a long period of abuses to human natural rights
  • Insurrection: It was insurrection because it was an armed, unlawful rebellion and resistance to lawfully constituted authority
116
Q

What was Southern secession really?

A

An attempt to overturn the results of the 1860 election by force.

117
Q

The end result of the secession doctrine was what, according to Lincoln?

A

Either anarchy or despotism

118
Q

What were the real stakes of the Civil War, according to Lincoln?

A

The survival of popular self-government

119
Q

What did slavery transform the South into?

A

An oligarchy

120
Q

What is an oligarchy?

A

A society where the wealthy few rule for their own benefit.

121
Q

What did Lincoln view was the only way to reunite the Union?

A

A return to the principles of the American founding.

122
Q

When does Lincoln argue the U.S. was founded in the “Gettysburg Address?”

A

In 1776 by moral order of the Declaration of Independence.

123
Q

What did Lincoln view as necessary for the U.S. to have a new birth of freedom?

A

It must re-establish the connection between the legal system of the Constitution and the moral principles of the Declaration of Independence.

124
Q

What did Lincoln argue in his “Second Inaugural?”

A

“The Laws of Nature and of Nature’s God” are real, govern us, and can serve as the basis for reconciling the North and South.

125
Q

Abraham Lincoln was the first president elected on a ________________.

A

Explicitly anti-slavery platform.

126
Q

The first grievance typically listed in Southern secession documents concerned _____.

A

The fugitive slave clause.

127
Q

The purpose of personal liberty laws was to _____.

A

Provide due process for free black citizens.

128
Q

In his “First Inaugural Address,” Abraham Lincoln agreed to continue enforcing the ___________.

A

Fugitive Slave Act

129
Q

True or False: Lincoln argued that the Civil War was a fight to vindicate republican government against an attempt to impose oligarchy on the nation.

A

True

130
Q

In Lincoln’s “Second Inaugural,” he argued that the Civil War was a divine judgement on who for the sin of slavery?

A

The entire nation

131
Q

The institutional changes and policies of the New Deal are predicated upon what?

A

The principles of earlier American Progressives, like Theodore Roosevelt or Woodrow Wilson.

132
Q

What has the type of government America has today been shaped by?

A

The political theory of the Progressives and their rejection of the principles of the Declaration of Independence and the Constitution.

133
Q

What did Progressives believe?

A

The complexities of life gave way to problems that could not be addressed with the principles of the American founding or the structure of government established by the framers.

134
Q

The Founders had a permanent understanding of ____ government.

A

Just

135
Q

What did Progressives believe about the ends of government?

A

They change over time

136
Q

Progressives had a deep faith in _____________.

A

Historical progress (Government was becoming less of a danger to the governed and more capable of solving the great problems of society.)

137
Q

What did Progressives understand about checks and balances?

A

The ones placed on the national government by the Constitution were a major obstacle to their legislative agenda.

138
Q

How did the Progressives plan to overcome the checks and balances?

A

Critique the natural rights theory of the Declaration of Independence.

139
Q

What was the big mistake of the Founders in the eyes of the Progressives?

A

Their belief that their principles were timeless.

140
Q

What did Woodrow Wilson argue was the best way to understand the Declaration of Independence?

A

Ignore the preface (The statement of natural rights)

141
Q

Where did Progressivism originate?

A

Germany

142
Q

What was one of the important ideas adopted from the Germans and what did it state?

A

The idea of a “living constitution” which argued that the Constitution should be understood according to the theory of organic life.

143
Q

The Progressives’ understanding of democracy and power of government was similar to that of __________.

A

Socialists

144
Q

What did Woodrow Wilson argue in “Socialism and Democracy”?

A
  • Both Progressives and socialists agreed there were no principled limits to government.
  • As such, it was the responsibility of the State to determine the rights and liberties of individuals, not nature.
145
Q

What was the one difference between socialists and Progressives, according to Woodrow Wilson?

A

While socialists wanted to bring out their ideal society through revolution, Progressives wanted to do so incrementally.

146
Q

True or False: In his 1932 campaign addresses, Franklin Roosevelt argued that the New Deal would serve as a decisive break from the principles and ideas of his Progressive predecessors.

A

False

147
Q

True or False: Progressives believed that there had been a constant improvement in history, which made modern government less dangerous to the governed.

A

True

148
Q

True or False: Progressives agreed with the Founders’ doctrine of natural rights, and only disagreed with how the Constitution attempted to achieve those ends.

A

False

149
Q

In “Liberalism and Social Action”, Dewey criticizes the Founders because they “lacked _____ sense.”

A

Historic

150
Q

Woodrow Wilson, John Dewey, and other leading Progressive intellectuals were educated at _____, which was founded in 1876 to bring the German educational model to the United States.

A

Johns Hopkins University

151
Q

In “The American Conception of Liberty”, Frank Goodnow argues that European nations are better governed because _____ determines the “sphere of individual freedom of action.”

A

Social expediency

152
Q

In an essay from 1887, Woodrow Wilson argues that “in fundamental theory _____ and democracy are almost if not quite one and the same.”

A

Socialism

153
Q

What is the administrative state largely the result of?

A

Franklin Roosevelt’s administration through the New Deal

154
Q

What is the administrative state based on?

A

A rejection of separation of powers

155
Q

What did Progressives and their New Deal successors argue about the Constitution?

A

It must operate under the theory of organic life with all parts cooperating under the direction of a single, over-arching will.

156
Q

What were the two functions of government, according to Frank Goodnow?

A
  • Politics (What we want to do)
  • Administration (Implementing the means to get what we want)
157
Q

How did the Progressives perceive politics and administration?

A
  • Politics was understood as the expression of the will of the State and concerned primarily with gauging and influencing public opinion
  • Administration was understood as the execution of the will of the state and concerned with taking laws passed by the President and Congress and translating them into solutions for the problems of the day
158
Q

How did the Progressives’ two functions of government change the nature of law-making?

A

Instead of issuing instructions to citizens, Congress passed laws acting as vision statements, providing administrative agencies with broad goals. Regulators were then tasked with devising rules to instruct citizens. This forced administrative agencies to abandon the doctrine of separation of powers.

159
Q

What three characteristics did the Progressives view in a good administrator?

A
  • Expert: Modern society required scientific and technical expertise to legislate effectively
  • Independent: To be disinterested servants of the public good, administrators must be removed and protected from elections and the ordinary process of politics
  • Progressive: Administrators had to be true believers of progressive ideology
160
Q

What did Franklin Roosevelt argue was the problem of his day?

A

Economic tyranny, rather than political tyranny

161
Q

What was required for preventing economic tyranny?

A

A new idea of freedom, freedom from necessity. Government would be the instrument of liberating people from economic necessity.

162
Q

How would the liberation of economic necessity be accomplished?

A

A new kind of administration would avoid the cycles of boom and bust through a planned economic system where administrators identified the proper balance between production and consumption through regulations. Instead of the traditional incentives of profit and loss, private businesses would be directed by planners who controlled prices and production.

163
Q

What two constitutional tenets needed to be accepted to form the administrative state?

A
  • Delegation of legislative power: Congress had to delegate its power to the executive branch or administrative agencies to enact regulations deemed necessary for public interest
  • Judicial deference to expertise: Rather than review facts and apply the law, courts had to defer to administrative agencies within their policy areas
164
Q

The New Freedom, the New Nationalism, the New Deal, the Great Society, and the New Frontier are examples of presidents acting as _____.

A

Chief legislators

165
Q

True or False: According to the Progressives, the purpose of Congress is to pass broad legislation authorizing administrative agencies to create regulations.

A

True

166
Q

New Dealers believed that the Great Depression was caused primarily by _____.

A

Overproduction

167
Q

True or False: New Dealers believed that the necessary consequence of a planned and regulated economy was the abolition of business.

A

True

168
Q

_____ was a Supreme Court case in which a farmer was fined for having a surplus of wheat.

A

Wickard v. Filburn

169
Q

Why was the administrative state founded?

A

As an attempt to base policymaking on disinterested, scientific, and technical expertise.

170
Q

What are the two critical aspects of the modern administrative state?

A
  • It is unconstitutional. Rather than modern advancement, it represents a return to pre-constitutional government.
  • It is an oligarchy that has a distinct and insular class that rules for its own sake.
171
Q

The administrative state is uninterested in what?

A

Carrying out the functions of a legitimate government required for protecting the rights of citizens.

172
Q

What is the administrative state intensely focused on?

A

Regulating minute details of people’s lives (The content of light bulbs, etc.)

173
Q

How is policy making detailed in the Constitution?

A

Anything that has the force of law must go through the legislative process. (Article 1, Section 7)

174
Q

How does the administrative state circumvent constitutional policy making?

A

By pursuing polymorphus policy making.

175
Q

What are the alternative avenues for policy making in the modern administrative state?

A
  • The budget process
  • Congressional oversight
  • Executive orders
  • Suspending power
  • Dispensing powers (exemptions)
  • Administrative rule-making and interpretation
  • Executive agreements
176
Q

The administrative state operates similar to what?

A

The governments of absolute monarchs

177
Q

The administrative state deprives people of ___________ and leaves them subject to __________.

A
  • The legal protections of constitutional government
  • The arbitrary will of an unelected, self-selecting elite
178
Q

In theory, what did the administrative state aim to create?

A

An aristocracy of technical and scientific elite

179
Q

In practice, how does the administrative state operate?

A

As an oligarchy managed by an elite class of administrators who have become increasingly insulated and distinct from ordinary Americans.

180
Q

How is the oligarchy of the administrative state able to preserve its power?

A

By distributing benefits to groups, such as welfare recipients, government employees, activist organizations, and large corporations.

181
Q

What is the result of the administrative state attempting to preserve its power?

A

The American citizen is disenfranchised. Elections no longer matter because policy is made largely outside the constitutional legislative process.

182
Q

True or False: According to contemporary defenders of the administrative state, the system of government established by the Constitution is dysfunctional.

A

True

183
Q

The modern administrative state is anti-constitutional because it _____.

A
  • Circumvents the separation of powers
  • Attempts to regulate almost all areas of people’s lives
  • Is uninterested in performing the basic functions of a legitimate government
184
Q

True or False: Under the modern administrative state, there is only one way to make policy.

A

False

185
Q

According to progressive theorists like Hebert Croly, the goal of the modern administrative state is to secure _____.

A

Social justice

186
Q

True or False: The modern administrative state typically adjudicates cases against citizens through the ordinary process of adversarial courtroom conduct, which includes a prosecutor, defense lawyer, and impartial judge.

A

False

187
Q

Not only is the modern administrative state anti-constitutional, but it is also _____.

A

Pre-constitutional

188
Q

The suspension of the Affordable Care Act’s employer mandate by the Obama administration is an example of _____.

A

Royal prerogative power

189
Q

Rather than an _____ of experts, the modern administrative state produced an insular _____ who rule for their own interests and not for the interests of the governed.

A

Aristocracy, oligarchy

190
Q

The character of American political life changed in important ways after ____.

A

1965

191
Q

Describe American political life after 1965.

A
  • Progressives continue to move away from consent of the governed and elected institutions in favor of the administrative state
  • Post-1965 liberalism moves away from a concern with securing the rights of citizens and rejects the Progressive idea of uplift and morally demanding government
  • Post-1965 liberalism is animated by a new understanding of justice that views the purpose of government as the promotion of the rights and self-esteem of the less advantaged
192
Q

What was the “New Left”?

A

The group of intellectuals and political activists that prepared the shift from the dominant views of Progressivism to the new post-1965 orientation.

193
Q

What did the New Left reject about the old Progressives?

A

They believed that their understanding of freedom was too repressive and tyrannical, and argued that people needed to be liberated from the oppressive conformity of modern American life.

194
Q

What was central to the New Left’s understanding of freedom?

A

The promotion of sexual liberation as the vehicle through which all human happiness can be achieved.

195
Q

Why did the New Left criticize the administrative state?

A

For a lack of connection to citizens and for excluding diverse groups of people from its operations.

196
Q

What was the remedy for the administrative state, according to the New Left?

A

A participatory government where representatives of multiple different groups are involved in the policy-making process.

197
Q

What was American political thought dominated by after 1965?

A
  • A sustained attack on the old understanding of government
  • An attack on the older understanding of the virtues and moral life that sustained that government
198
Q

Post-1965 political thinkers rejected the idea that government should _________________.

A

Secure rights through equal and impartial laws because these laws failed to protect the less advantaged.

199
Q

How did post-1965 politics pursue a transformation in the moral life of the U.S.?

A

Through policies like no-fault divorce and major changes to sex education in schools.

200
Q

Another characteristic of post-1965 political life was the rejection of a national consensus concerning ___________.

A

The common good (Through the promotion of issues which sought to divide the country on the basis of race, gender, class, or age.)

201
Q

The post-1965 view of equality can be understood through the ideas of what man?

A

John Rawls

202
Q

What were the two ideas outlined by John Rawls?

A
  • The Equality Principle
  • The Difference Principle
203
Q

What does the Equality Principle state?

A

We all need to be radically equal. This requires the government to not only secure equality under law, but also the equality of economic situation and even equality of recognition and self-esteem.

204
Q

What does the Difference Principle state?

A

It admits you can have inequality, if that inequality favors the less advantaged.

205
Q

What do the Equality and Difference Principles promote in practice?

A

A government that pursues discriminatory measures in favor of the less advantaged and special privileges for those who claim to work on behalf of the less advantaged.

206
Q

Give two examples of the shift of the New Left’s original ideas of promoting human happiness to abstract moral duties.

A
  • The environmental movement (A shift from conservation for human enjoyment to protecting nature without regard for whether it harms human life)
  • Foreign policy (Shifted from the Founders’ idea of securing the rights of citizens, to the Progressive goal of promoting the uplift of other nations, to the New Left’s goal of managing world affairs without clear goals)
207
Q

True or False: Liberalism after 1965 attempted to restore government by consent.

A

False

208
Q

True or False: New Left intellectuals believed that the new freedom brought about by the Progressives was true freedom.

A

False

209
Q

True or False: Post-1965 immigration policy privileges immigrants from non-European countries.

A

True

Hillsdale College (46 decks)

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