FINAL

Question 1

What is the lesson of Paine’s fable about the “Ass and the Lion”? (hint: this answer is on Prezi, and is not in the text - we discussed the answer in class, but students can infer the correct answer simply by reading the text)

Answer 1

A fool may decieve by his dress and appearance, but his words will soon show what he really is.

Question 2

What did Thomas Jefferson mean when he said, “The tree of liberty must be refreshed, now and then, with the blood of patriots and tyrants”? (i.e., which side did he favor?)

Answer 2

People running the government need to be swithed out.

Question 3

Why was Abigail Adams and some of the “nationalists” critical of the leaders of Shays’ rebellion?

Answer 3

The leaders of the rebellion were destroying the union.

Question 4

Articles of Confederation: identify at least one strength (or “achievement”), and be able to identify at least two of its weaknesses

Answer 4

Strength: Confederation of states with equal voice in congress
Weakness: no central leadership, congress had no power to enforce its laws, congress had no power to tax.

Question 5

Articles: how did the Articles of Confederation contribute to the creation of a new U.S. Constitution?

Answer 5

The articles created a loose confederation of sovereign states and a weak central government, leaving most power with the state government. The need for a stronger federal government became apparent and led to the constitutional convention in 1787

Question 6

Confederation: define (what is it? How is it different than a “unitary” republic?)

Answer 6

Organization which consists of a number of parties united in an alliance

Question 7

The Articles of Confederation were the first ________ ________ in American history (see p. 196)

Answer 7

Lose alliance

Question 8

Why was the Confederation Congress “weak by design?”

Answer 8

Congress commanded little respect and no support from state government anxious to mainttain their power

Question 9

Northwest Ordinance of 1787: why important? What were the two “key principles”? (see p. 197)

Answer 9

The 3rd major land policy was created by the confederation congress in 1787.
New western territories could become states that would be treated as equals rather than as colonies
Slavery was banned from the western region (but slavves already there would remain slaves)

Question 10

Shays Rebellion: who was Shays? Who supported Shays and why?

Answer 10

Farmer, soldier. Other farmers because of tax

Question 11

Why did Shays’s Rebellion spread panic among wealthy Americans and some of the federalists?

Answer 11

Showed easy mob mentality

Question 12

How did Shays Rebellion influence the framers of the United States constitution?

Answer 12

Showed increased need to reform the articles

Question 13

“Large republic”: what were the main arguments against a large republic, traditionally? (Hint: we discussed the virtues of community and small towns in class. Students can refer to the essay on the “Antifederalists” in your text as well)

Answer 13

Takes away from culture, community, small businesses

Question 14

“Critical Period”: why is the period between 1783 and 1787 called the Critical Period?

Answer 14

the new nation had an inadequate system of government, a crippling economic, political and foreign policy problem that threatened independence

Question 15

Constitutional Convention: what are the most important “political innovations” of the 1787 Constitutional Convention?

Answer 15

We the people
Great compromise
Separation of powers
Federalism

Question 16

The United States Constitution is the “longest functioning _______ constitution” in the world (see p. 201)

Answer 16

Written

Question 17

Why did the framers meet in secret? (there is more than one answer to this question - students should refer to notes and discussions in class)

Answer 17

So many different opinions and some were crude, it would be necessary to debate then in mprivate before any system should be formed.

Question 18

The most active framer in the Drafting of the Constitution was _____ _______ (see p. 202)

Answer 18

James Madison

Question 19

The federalists believed in a ______ national government (starts with “s”)

Answer 19

Strong

Question 20

James Madison proposed to strengthen the national government in two ways (what are they?)

Answer 20

National government get sovernty from the people rathern than from the state governemnt
Constitution is the voice of the people

Question 21

The American Framers devised at least four “innovations” (what are they? see 202-203)

Answer 21

We the people
Great compromise
Separation of powers
Federalism

Question 22

Federalism: what is federalism? (hint: it is a balance between two extremes)

Answer 22

Division of powers between different levels of government

Question 23

What did federalism mean to most people in the 1780s? What does federalism mean to most people today? (see class notes and class discussion)

Answer 23

Back then they wanted more government involvement and now we want less government involvement. Compared to size growth and the government now

Question 24

One of the limitations of the new Constitution was that it avoided dealing with the growing problem of slavery. James Madison hated slavery but (according to your textbook) saw no way to __________________ (see p. 206)

Answer 24

eliminate

Question 25

Ratification was, according to your textbook, the greatest _____ ______ in world history up to that point

Answer 25

public debate

Question 26

Ratification: how long did the debate over ratification last? (see p. 208)

Answer 26

10 months

Question 27

Who were the leading Federalists and who were the leading anti-Federalists?

Answer 27

Anti-federalists: mercy Otis warren, Patrick henry, john Samuel Adams

Federalists: George Washington, James Madison, john jay, Hamilton

Question 28

Why were the anti-Federalists opposed to the Constitution? (in class we studied four)

Answer 28

No bill of rights
Undemocratic
To big
To powerful

Question 29

The two factions, Federalists and Anti Federalists, formed the seeds for America’s enduring ___ _____ political system

Answer 29

Two party

Question 30

What did the Framers think of parties? (we did not cover this in class in any detail. For the answer, see George Washington’s Farewell Address, on p. 223. The answer is very simple and does not require a lot of study)

Answer 30

not in favor

Question 31

Why is Federalist 10 famous?

Answer 31

Its argument about needing a strong federal government that can protect liberty because its guards against the dangers of control by narrow interest (also called faction)

Question 32

What, specifically, was James Madison’s arguments in Fed 10 (hint: why did Madison think that an extended sphere was a good thing?) (for a specific answer see p. 208)

Answer 32

The size and diversity of the expanding nation would make it impossible for any single faction to form a dangerous majority that could dominate the federal government

Question 33

What are the two ways to cure the mischief of faction?

Answer 33

Remove its causes
Control its effects

Question 34

What are the two ways to “remove the causes” of faction?

Answer 34

Give every citizen the same opinion
Destroy liberty

Question 35

How does a large republic “control the effects” of faction?

Answer 35

Because a republic to exand the territory of people that are present, a majority faction is less likely to develop

Question 36

One of the most important legacies of the Anti-Federalist criticism of the Federalist Papers was the addition of a ____ __ ______ to the Constitution

Answer 36

bill of rights

Question 37

Many anti-Federalists later joined Thomas Jefferson’s __________-__________ party

Answer 37

democratic-republican

Question 38

Ratification: which states approved, and which states did not approve of the proposed Constitution? (see Order of Ratification chart on p. 210)

Answer 38

Approved: Delaware, Pennsylvania, New Jersey, Georgia, Connecticut, Massachusetts, Maryland, South Carolina, New Hampshire
Did not: Virginia, New York, North Carolina, Rhode Island

Question 39

Ratification: how was it resolved? who won?

Answer 39

The federalists won. A compromise was reached – the constitution would have a bill of rights

Question 40

There are two ways to amend the Constitution. What are they? (you do not have to be specific, just do your best to recall the two methods of proposing an amendment)

Answer 40

Proposed by a 2/3 vote of both houses of congress OR
If 2/3 of the state’s request one, by a convention called for that purpose

Question 41

why is the First Amendment the “preferred” amendment? (answers can be general / vague, and will vary!)

Answer 41

bring change in society

Question 42

what are the two primary “religion clauses” in the First Amendment?

Answer 42

establishment clause
free exercise clause

Question 43

What does “disestablishment” mean? (what does “establishment” mean?) (answers will vary)

Answer 43

Ending the official status of something.

Question 44

What was the “Reynolds” case about from 1879? What did the court say in that case? (hint: students are encouraged to focus on the belief-conduct distinction, which we covered in class)

Answer 44

The practice of polygamy in the church of jesus christ of latter day saints. The court said that a federal law prohibiting polygamy did not violate the free exercise clause of the first amendment. LAW UNTO HIMSELF!

Question 45

What is the case Engel v. Vitale about?

Answer 45

Prayer in schools

Question 46

What did the court decide in the Engel v. Vitale case?

Answer 46

State cannot hold prayer in public schools even if participation is not required and its not tied to a particular religion.

Question 47

What is Sherbert v. Verner about? What did the court decide? How did this case increase or strengthen protections for religious free exercise? (answers can vary. Students are encouraged to compare the Sherbert case with the Reynolds case, and decide for themselves how these two cases are different)

Answer 47

Sherbert a 7th day adventist was fired for not working on saturdayy (her religious sabbath day). The court said that the state cannot deny unemployment benefits to people who refuse work for religisou resents when it permits absences for other reasons. COMPELLING STATE INTEREST (state must have a real reason to put a burden on free exercise rights)

Question 48

What is Employment Division v. Smith about? Did the court decide in favor or against the use of Peyote for religious purposes? Does this case expand or limit religious freedom in your opinion? (students are encouraged to compare this case to both the Reynolds case and “Sherbert v. Verner”)

Answer 48

Two native americans were fired for using peyote (drug used in their religious ceremonies). The court changed religious free exercise entirely. It is ruled that GENRERALLY APPLICABLE laws not targeting specific religious practiced do not violate the free exercise clause.

Question 49

What is Kennedy v. Bremerton about? What did the court decide? Did this case strengthen or limit religious liberty in your opinion?

Answer 49

After a high school football game, a coach invirted people to participate in a prayer, it was voluntary and not towards any specific religion. The court ruled the coachs conduct was protected by the first amendment.

Question 50

What is “USHE” and why is freedom of speech important, according to the USHE statement (posted on Canvas)? Answers will vary, but students should identify the major ones.

Answer 50

USHE is the utah system of higher education. Maintaining liberty, cultivating and informed citizenry, ensuring accountable government.

Question 51

What is Tinker v. Des Moines about? What did the courts say in “Tinker” about free speech rights on campus?

Answer 51

Peaceful protest by students wearing balck armbands with peace signs to protest the vitetnam war. They wore these to their public school. Court voted in favor of the students

Question 52

What is Shenck v. United States about? How did the courts decide the case in “Shenck”?

Answer 52

Charles schenck was charged under the espionage act for mailing pamphlets crtical of the militaty draft. He did not conflict with the espionage act. CLEAR AND PRESENT DANGER rule created (imminent lawless action test) ex: you cant yell fire in a crowded theater.

Question 53

What are the three “prongs” of Mill’s Trident test?

Answer 53

You can be 100% wrong
You can be partially wrong
You can be 100% right

Question 54

What is Brandenburg v. Ohio about?

Answer 54

A leader of the kkk gave a speech at a rally and invited the Cincinnati tv to come and broadcast it.

Question 55

What did the court decide in Brandenburg?

Answer 55

Supere court decided the ohio law violated brandenburgs right to free speech