Final Flashcards

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1
Q

according to the Great Compromise, the original Constitution required that senators be elected by:

A

the state legislature

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2
Q

for the Constitution to be ratified:

A

conventions in 9/13 states had to approve

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3
Q

Constitutional Amendment results from:

A

2/3 of each house agrees to propose a particular Amendment and then 3/4 of conventions in the state ratify it

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4
Q

Article III is about:

A

the judicial branch

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5
Q

aspects of Hamilton’s Plan

A

the removal of state governments, a senate for good behavior (life barring impeachment), an executive for good behavior

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6
Q

Hamilton prefers British government because:

A

he believed the British government does the best job of protecting the liberty of all, while also maintaining stability

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7
Q

purposes of Constitution stated in Preamble

A

to establish justice

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8
Q

Federalist papers

A

essays written to the public in support of ratifying the Constitution

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9
Q

Brutus argues that the Constitution ought not to be accepted because:

A

it will concentrate the powers of the independent states into one consolidated government, and consequently lead to tyranny

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10
Q

Brutus thinks that in a large republic:

A

the representatives will be unable to know and will be unlikely to care about the true interests of the people they are supposed to represent

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11
Q

Judicial power

A

the power to judge how the laws apply to particular cases

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12
Q

In Federalist 10 Madison says the best way to eliminate or lessen the government’s tendency to become tyrannical and unstable on account of faction:

A

you extend the republic over more people and land so as to make ut more difficult for one common passion or interest to arise on the part of a majority of citizens

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13
Q

a point that both Brutus and Madison agree on:

A

government should protect people’s liberties

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14
Q

Federalist 70 sets out to answer:

A

how do you maintain a separation of powers in practice?

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15
Q

an example of a Constitutional check

A

a qualified executive veto on laws made by Congress that can be overridden by a 2/3 majority in Congress

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16
Q

the Constitution vests executive power in:

A

a president of the United States of America

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17
Q

In Federalist 70 Hamilton argues that

A

unity in the executive is essential for ensuring both energy and republic responsibility

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18
Q

length of Senator term

A

6 years

19
Q

the US Constitution states supreme law of the land is:

A

the Constitution, all laws made in pursuance of the Constitution, and all treaties made under the authority of the US

20
Q

What according to Madison in his “Vices of the Political System” is a problem with the government under the Articles of Confederation?

A

it lacks coercive force essential for compelling obedience to its decrees

21
Q

representation in Congress apportioned under articles of Confederation

A

one vote per state

22
Q

in Federalist 70, Hamilton states the quality you want legislature is:

A

deliberation

23
Q

in Federalist 78, Hamilton argued that judicial independence is essential, among other reasons, for enabling the court to:

A

maintain the limits laid out by a limited constitution

24
Q

the Declaration of Independence declares that the purpose of government is:

A

to secure individual rights

25
Q

Brutus’ opinion on good behavior tenure for the Supreme Court

A

it is dangerous when combined with a power to declare laws unconstitutional

26
Q

US vs Lopez is about:

A

a federal act designating gun-free school zones

27
Q

Chief Justice Rehnquist, writing for the court in US vs Lopez, rules that:

A

Congress has the authority to regulate channels of interstate commerce, persons or things in interstate commerce, and activities having a substantial relation to interstate commerce

28
Q

Wickard vs Filburn is about:

A

regulation by Congress of individual wheat consumption

29
Q

the Constitution states that Congress has the power to:

A

regulate commerce with foreign nations, among the several states, and with the Indian Tribes

30
Q

in McCulloch vs Maryland, the court decided:

A

that it was constitutional for Congress to charter a national bank, and unconstitutional for the state of Maryland to tax this bank

31
Q

Jefferson, in his written advice to President Washington, expressed the opinion that Congress:

A

did not have the constitutional power to charter a bank

32
Q

What does Federalist 51 propose as a solution to the difficulty of maintaining a separation of powers in practice?

A

personally motivating and giving power to the members of each branch to protect their office from encroachment by the other branches

33
Q

According to Madison in Federalist 10, what is the best solution to the problem of faction?

A

to make an ex post facto law

34
Q

the Constitution states that making an ex post facto law:

A

is explicitly forbidden

35
Q

What according to Chief Justice Marshall in McCulloch vs Maryland does the word necessary mean as used in the necessary and proper clause?

A

whatever is helpful for bringing about a given end

36
Q

judicial law refers to:

A

a power the courts have to declare laws invalid if they go against the Constitution

37
Q

according to Chief Justice Marshall in Marbury vs Madison it follows from having a written constitution that the Constitution is:

A

a supreme paramount law unchangeable by ordinary laws and therefore superior in authority to them

38
Q

in his opinion on the constitutionality of the bank, Jefferson expressed concern that:

A

one step beyond the boundaries made clear by the Constitution would lead to the federal governments taking hold of a limitless power

39
Q

What is Congress permitted to regulate under the Commerce Clause according to Chief Justice Rehnquist in US vs Lopez?

A

channels of interstate commerce

40
Q

in Federalist 70 Hamilton argues that judiciary should be:

A

independent and impartial

41
Q

bill of attainder

A

a piece of legislation declaring a party guilty of a crime and allowing the government to punish the party for the perceived crime

42
Q

ex post facto law

A

a criminal statute that punishes actions retroactively, criminalizing actions that were legal before the law was made

43
Q

Writ of Habeas Corpus

A

a petition brought against a state/government agent who is holding a person in custody that is used to bring the prisoner or other detainee before the court to determine if that person’s imprisonment or detention is lawful

44
Q
A