Final Flashcards
according to the Great Compromise, the original Constitution required that senators be elected by:
the state legislature
for the Constitution to be ratified:
conventions in 9/13 states had to approve
Constitutional Amendment results from:
2/3 of each house agrees to propose a particular Amendment and then 3/4 of conventions in the state ratify it
Article III is about:
the judicial branch
aspects of Hamilton’s Plan
the removal of state governments, a senate for good behavior (life barring impeachment), an executive for good behavior
Hamilton prefers British government because:
he believed the British government does the best job of protecting the liberty of all, while also maintaining stability
purposes of Constitution stated in Preamble
to establish justice
Federalist papers
essays written to the public in support of ratifying the Constitution
Brutus argues that the Constitution ought not to be accepted because:
it will concentrate the powers of the independent states into one consolidated government, and consequently lead to tyranny
Brutus thinks that in a large republic:
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
Judicial power
the power to judge how the laws apply to particular cases
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:
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
a point that both Brutus and Madison agree on:
government should protect people’s liberties
Federalist 70 sets out to answer:
how do you maintain a separation of powers in practice?
an example of a Constitutional check
a qualified executive veto on laws made by Congress that can be overridden by a 2/3 majority in Congress
the Constitution vests executive power in:
a president of the United States of America
In Federalist 70 Hamilton argues that
unity in the executive is essential for ensuring both energy and republic responsibility
length of Senator term
6 years
the US Constitution states supreme law of the land is:
the Constitution, all laws made in pursuance of the Constitution, and all treaties made under the authority of the US
What according to Madison in his “Vices of the Political System” is a problem with the government under the Articles of Confederation?
it lacks coercive force essential for compelling obedience to its decrees
representation in Congress apportioned under articles of Confederation
one vote per state
in Federalist 70, Hamilton states the quality you want legislature is:
deliberation
in Federalist 78, Hamilton argued that judicial independence is essential, among other reasons, for enabling the court to:
maintain the limits laid out by a limited constitution
the Declaration of Independence declares that the purpose of government is:
to secure individual rights
Brutus’ opinion on good behavior tenure for the Supreme Court
it is dangerous when combined with a power to declare laws unconstitutional
US vs Lopez is about:
a federal act designating gun-free school zones
Chief Justice Rehnquist, writing for the court in US vs Lopez, rules that:
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
Wickard vs Filburn is about:
regulation by Congress of individual wheat consumption
the Constitution states that Congress has the power to:
regulate commerce with foreign nations, among the several states, and with the Indian Tribes
in McCulloch vs Maryland, the court decided:
that it was constitutional for Congress to charter a national bank, and unconstitutional for the state of Maryland to tax this bank
Jefferson, in his written advice to President Washington, expressed the opinion that Congress:
did not have the constitutional power to charter a bank
What does Federalist 51 propose as a solution to the difficulty of maintaining a separation of powers in practice?
personally motivating and giving power to the members of each branch to protect their office from encroachment by the other branches
According to Madison in Federalist 10, what is the best solution to the problem of faction?
to make an ex post facto law
the Constitution states that making an ex post facto law:
is explicitly forbidden
What according to Chief Justice Marshall in McCulloch vs Maryland does the word necessary mean as used in the necessary and proper clause?
whatever is helpful for bringing about a given end
judicial law refers to:
a power the courts have to declare laws invalid if they go against the Constitution
according to Chief Justice Marshall in Marbury vs Madison it follows from having a written constitution that the Constitution is:
a supreme paramount law unchangeable by ordinary laws and therefore superior in authority to them
in his opinion on the constitutionality of the bank, Jefferson expressed concern that:
one step beyond the boundaries made clear by the Constitution would lead to the federal governments taking hold of a limitless power
What is Congress permitted to regulate under the Commerce Clause according to Chief Justice Rehnquist in US vs Lopez?
channels of interstate commerce
in Federalist 70 Hamilton argues that judiciary should be:
independent and impartial
bill of attainder
a piece of legislation declaring a party guilty of a crime and allowing the government to punish the party for the perceived crime
ex post facto law
a criminal statute that punishes actions retroactively, criminalizing actions that were legal before the law was made
Writ of Habeas Corpus
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
