Final Exam

Question 1

The New Basis of Government /What makes government legitimate? (Locke)

Answer 1

Government exists to preserve propety, life and liberty, defend from foreign attacks, and serve the common good

Question 2

o The problems in the state of nature/necessity of government (Locke)

Answer 2

SoN- no protection of property, poverty, lack of economy

Question 3

o Locke’s Theory of Rights and the Limits on governmental authority

Answer 3

(EDIT: ADD DETAIL) Government exists to secure rights

Question 4

o What does private property do for us in terms of production? (Locke)

Answer 4

Increases production by a LOT

Question 5

o What does money do for us in terms of production? (Locke)

Answer 5

Creates an incentive for production

Question 6

o Capitalism= stuff for everyone/vast inequality (Locke)

Answer 6

Capitalism means there’s vast financial inequality, but we all have an opportunity for advancement

Question 7

o Difference Between Society and Government(Paine)

Answer 7

Society promotes happiness by uniting our affections, government impedes happiness by restraining us.

Government is a necessary evil to make up for our lack of virtue, society is a blessing

Question 8

Why does Paine say humanity is all equal?

Answer 8

We’re all created in the same way, so equality can only be destroyed by something that comes after

Question 9

o The Law as Median Strips (DOI)

Answer 9

(EDIT: DOUBLE CHECK) We’re free to go anywhere we want with some restrictions

Question 10

When do we have a right to dissolve gvmt? Do we have an inherent right to democratic gvmt?

Answer 10

We have a right to dissolve gvmt if it isn’t securing rights, but we can’t dissolve a gvmt that was voted on by popular consent and secures our rights

Question 11

How did (Paine) think the structure of gvmt should work?

Answer 11

Gvmt should be simple because it’s less likely to break and easier to fix

Question 12

Argument against monarchical Government (Paine)

Answer 12

(EDIT: double check) Biblical authority was illegitimate

Question 13

Whose principles created the declaration/liberalism?

Answer 13

Lockean

Question 14

What does it mean to say that the Revolution was a Revolution of Sober
Expectations? What did they discover?

Answer 14

(EDIT: Check) The revolution caused the founders to have a better understanding of what was needed to create a good democracy/gvmt

Civil liberty and unalienable rights were the end of gvmt

Question 15

The Argument for Small Republics

Answer 15

Having a simple government will make it easier to troubleshoot problems

Small areas united in foreign and general concerns are the only possible method of ruling

1 government focused on freedom can’t address all issues as well as local gvmts

Question 16

o The Failures of the Articles

Answer 16

(EDIT: Double check, not a priority)
The weak ventral government was unworkable. It couldn’t conduce foreign policy, regulate, trade, defend borders (EG NAs), or handle interstate disputes (Can’t adjucate, need unanimous agreement)

Question 17

o The Failures of State Governments

Answer 17

Not meeting basic rights, states passing too many/unjust laws, changing laws too frequently, abuse of power, uneducated people in gvmt

Question 18

How did the Constitution Protect Property?

Answer 18

Taking away power from failing State governments

Question 19

o Stability of New Constitution

Question 20

How did the Constitution allow the people to represent themselves better than the AoC did? (EDIT: Double check, question may be off, but maybe just know answer)

Answer 20

The Constitution is More Distant from the People than the State Governments
but also has a Direct Relationship with them that the Articles didn’t have

Question 21

o Hamilton’s Argument for a Strong, “Energetic,” and even Unrestrained National
Government vs. Brutus’s Argument for a Restrained and Limited Government

Answer 21

(EDIT: Add brutus)
You need an energetic government to get things done

Question 22

Federalist Realism and the “Science of Politics”

Answer 22

Federalists are very realistic and focused on the hear and now

Political science helps us to understand how to use certain forms of gvmt to make it work

Question 23

o Federalist Paper #10’s Solution to the Problems of Small Republics: the Large
Republic

Answer 23

Large republics can overpower factions that destroy republican government

Question 24

Danger of Factions in Small Republic vs. Danger of Factions in Large Republic.
How does the Large Republic Solve the Problem of Factions?

Answer 24

Large groups solve factions because

Question 25

An Elite Coup?

Question 26

o Is Elite Rule good for the Common Good? What would Federalists say? What
would anti-Federalists say?

Answer 26

Federalists would say yes, because
Anti-feds would say no, because

Question 27

o Federalist Concern for Effective Government vs. Anti-Federalist Concern for
Popular Government

Answer 27

Federalists wanted a government that could get stuff done quickly, and the anti-federalists wanted a government that could properly represent the people

Question 28

o Trustee vs. Delegate Forms of Representation

Answer 28

Trustee acts in people’s best interest, mirror does what the people want

Question 29

o Distrust of Distant Government

Answer 29

A distant capitol wouldn’t secure the confidence of the people because people won’t know or trust their government, so the government will need to force people to do anything

Question 30

What made the post-Constitution National Government a Real Government over
all the People in the States?

Answer 30

Direct Operation on the People

Question 31

What made the Constitution still a Limited Government?

Answer 31

Only has Authority within a Certain
Sphere

Question 32

o Police Power of the States/Commerce Power of the National Government

Answer 32

States have the power to decide on some issues, but Congress can decide on some other issues related to the Commerce clause

Question 33

o McCulloch v. Maryland: Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 33

(EDIT: Add detail)
Facts: The state obtained a judgment against McCulloch, the cashier of the Baltimore branch of the Second Bank of the United States, for issuing bank notes without paying the required tax.
McColluch was a cashier at a bank (which one?) who was charged with not paying a tax, and he said the
Question: Does Congress have the power to incorporate a bank? If so, can the state tax it?
Ruling: Congress can create a bank, but the state can’t tax it because the ability to tax is the ability to destroy it
Dissents: None
General meaning: Congress has implied powers under the “necessary and proper clause, which overrules state legislature

Question 34

o The Meaning of the North’s Victory in the Civil War in terms of Federalism

Question 35

Separation of Powers as the Separation of Functions. What role does each
branch have? What virtue is necessary to Fulfill that Role?

Question 36

o Design of Congress. Why a Senate in this form? Why a House of Representatives
in this form?

Question 37

o Design of Presidency. Why unitary? Why Indirectly Elected?

Question 38

o Design of Judiciary. How and why Insulated from Politics?

Answer 38

Courts need to be able to act completely independently, and this is the only way anything contrary to the constitution can be shut down

Question 39

o Connection between Political Independence and the Separation of Powers

Answer 39

Checks and balances exists to preserve the separation of powers

Question 40

Contradiction Between Declaration and Slavery

Answer 40

(EDIT: Double check, not a priority) “All men are created equal” but slavery exists

Question 41

Garrison’s Response to the Constitution’s Compromise with Slavery

Question 42

o Frederick Douglass’s Thoughts on Slavery

Answer 42

(EDIT: Double check, add detail)
Very against it, says slavery is interwoven with all American Constituents, prevented freedom of speech, the press, etc, corrupted the church, slavery governs people

Question 43

o Lincoln’s Argument as to why the Constitution Compromises with Slavery

Question 44

o Slavery as a “Necessary Evil”

Question 45

o Founders’ Solution to the Problem of Slavery

Question 46

o The Meaning of the Missouri Compromise

Question 47

o The Meaning of the Kansas-Nebraska Act and what Lincoln thought was wrong
with the principle of “Popular Sovereignty”

Question 48

o Fundamental Difference Between the North and the South on the Principle of
Slavery

Question 49

o The Meaning of Lincoln’s Election

Question 50

The Character of Lincoln’s Prudence

Question 51

o Does the South have a Right to Secede? Southern and Northern responses

Answer 51

North says no, south says yes.

(EDIT: DOUBLE CHECK)South says union was a voluntary pact that they could leave at any time

Question 52

o Rush’s Christian Argument Against Slavery

Answer 52

Christianity doesn’t support slavery, God made man to be free, you can’t justify slavery by converting people to Christianity, bible has testimony against slavery

Question 53

o Paine’s Natural Rights Argument Against Slavery

Answer 53

(EDIT: Double check) Men have a natural right to liberty, and slave’s liberty have been stolen so they have a right to reclaim it

Question 54

o Lincoln’s Understanding of the Declaration

Question 55

o Fitzhugh and the Evolution of the South’s Understanding of Slavery

Answer 55

(EDIT: Double check)
Pro-slavery, believed black slavery was a better alternative to “wage slavery” of northern capitalism, saw slaves as “grown up children” and that they’re very happy because they’re cared for, believes liberty and equality will not enhance the happiness of the people,

Question 56

o Calhoun’s Compact Theory of the Constitution

Question 57

Sinclair Lewis, The Jungle

Answer 57

Exposes poor working conditions in meat factories, issues with gvmt, no food standards

Question 58

William Jennings Bryan, “Cross of Gold”

Answer 58

(Edit: Double check)Speech written by WIlliam Jennings Bryan in favor of bimetallism

Question 59

o Herbert Croly, The Promise of American Life

Question 60

o Woodrow Wilson, “The Need for Cabinet Government in the United States”

Answer 60

We need a government that’s more responsive to the current president. Electing the president means there are certain policies that will be carried out.. Need somethink like the parliamentary gvmt in britain. Wilson and progressives think that above is a good idea

Question 61

o Unified Government of Expertise with more Immediate Democratic Input

Question 62

o FDR’s New Formulation of Rights/Second Bill of Rights/Rights as Claims on
Government

Question 63

The Argument of Federalist #78
o Brutus and the Problem of Judicial Review

Answer 63

Says judiciary branch of gvmt is weakest and most protected branch of gvmt, protects people’s rights and freedoms from being encroached on by other branches
Judicial reciew is good, and necessary to make sure gvmt is following the Constitution

Question 64

Facts of Plessy v. Ferguson (1896)
Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 64

Plessy mixed race, forced to sit in black section of train, refused to, charged, and took it to court where his lawyers argued law was unconstitutional
Court case that asked whether segregating passengers on train cars violated 13th/14th amendment, ruled segregation was constitutional if acommodations were “separate but equal”, Justice Harlan dissented

Question 65

Facts of Brown v. Board of Education (1954) Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 65

Facts: Public school system in Kansas, refused to enroll local black resident’ daughter at the elementary school closest to their home, requiring her to ride a bus to a segregated black school farther away. Other local black families in similar situations filed a lawsuit in U.S. federal court against the Topeka Board of Education, saying the segregation was unconstitutional
Controlling question: Is the “Separate but equal” doctrine constitutinal?
Ruling/Grounds: No, “separate but equal facilities” are inherently unconstitutional
Dissents: None :)
General meaning: Segregation is bad and illegal

Question 66

Facts of Heart of Atlanta v. United States (1964) Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 66

Facts: the owner of the Heart of Atlanta Motel in Georgia, who had previously refused to accept black customers, filed suit in federal district court. The owner alleged that the prohibition of racial discrimination contained in Title II of the Civil Rights Act represented an invalid exercise of Congress’s constitutional power to regulate interstate commerce
Controlling question:Does Congress had the power to force private businesses to abide by Title II of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, religion, or national origin in public accommodations?
Ruling/Grounds: No, discrimination on the basis of race is Constitutional
Dissents: None
General meaning:

Question 67

Facts of Lochner v. New York (1905) Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 67

Facts: Lochner fined for allowing his employees (bakers) to work more than 60 hours a week because, illegal Employers are taking advantage of employees, demand they work more than they should

Controlling question: Does New York have the authority to decide whether employees can work more than 60, or does this violate the 14th amendment?
Ruling/Grounds: 14th amendment protects contract over state interference, meaning you can work as long as you want if your employer is okay with it
Dissents: Harlan and Holmes
General meaning:

Question 68

Facts of Hammer v. Dagenhart (1918) Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 68

Facts: Roland Dagenhart, the father of two boys who would have lost their jobs at a Charlotte, N.C., mill if the Keating-Owen Act were upheld, filed the lawsuit. He believed that the Act was unconstitutional and sued.
Controlling question: Does Congress’ constitutional power to regulate commerce give it the power to pass this act?
Ruling/Grounds: No, because that’s up to state authority. Interstate transportation or related interests are within Congress’ power, but not the production of articles intended for interstate commerce

Dissents: Holmes, McKenna, Brandeis, Clarke
General meaning:

Question 69

Facts of National Labor Relations Board v. Jones
& Laughlin Steel Corporation (1937) Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 69

Facts: Jones and Laughlin discouraged employees from joining the union and fired employees for their union activities. NLRB orders Jones and Laughlin to reinstate the employees it fired because they had been unfairly fired,
Controlling question: Does the Commerce clause give Congress the power to pass this law and prevent Jones/Laughlin from interfering w/ labor practices?

Ruling/Grounds: It does, because unfair labor practices will affect the flow of commerce which means congress has the power to regulate them. Congress has power over things that affect interstate commerce, even if they’re intrastate.

Dissents: McReynolds, DeVanter, Sutherland, Butler
General meaning:

Question 70

Facts of Wickard v. Filburn (1941) Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 70

Facts: The agricultural act of 1938 allows the secretary of agriculture (wickard) to set national acreage allotments for wheat to stabilize agricultural production. Filburn plants 23 instead of allotted 11 to feed his livestock and family with the rest. Harvests way more wheat than he’s allowed, fined for excess. Refuses to pay, complained legislation violates commerce clause because he’s not selling it.
Controlling question: Does the application of the Agricultural adjustment act of 1938 to Mr. Filburn violate the commerce clause as long as he doesn’t intend to sell the wheat and put it into the stream of commerce?
Ruling/Grounds: They can fine him because growing and not buying wheat affects the flow of commerce.

Dissents: None
General meaning:

Question 71

Facts of Marbury v. Madison (1803) Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 71

Facts:
Controlling question:
Ruling/Grounds:
Dissents:
General meaning:

Question 72

Facts of Roe v. Wade (1973) Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 72

(EDIT: Add detail)
Facts: Norma Covey (Jane Roe) unsuccessfully sought abortion, challenged texas law saying it was unconstitutional
Question: Is Texas law criminalizing abortion under the concept of personal liberty allowed under the due process clause of the 14th amendment?
Ruling: No, it isn’t. A woman’s right to privacy trumps potential life if the pregnancy is before the viability point

Question 73

Facts of Planned Parenthood v. Casey (1992) Facts of the Case, Controlling Question, Ruling and Grounds for Ruling,
Important Dissents, General Meaning of the Case

Answer 73

(EDIT: Add detail)
Planned Parenthood v casey: Pennsylvania amends abortion laws and makes them more restrictive,planned parenthood questions whether it’s constitutional
Controlling question: Can a state require women who want an abortion to obtian informed consent, wait 24 hours, notify their husbands and if a minor obtain parental consent?
Ruling: Accepts some, rejects others. Upholds fundamental right to an abortion, but makes getting one harder. Gets rid of trimester framework, establishes undue burden standard to say when a state has gone too far
Disagrees: Scalia (Disagrees with upholding of Roe, agrees with majority’s upholding of most of the PA statutes) (Lots of dissenters concurrent because they concur with the majority) (Says we don’t need to follow Roe because it’s rightly decided, but because it’s already been decided) (States may permit abortion on demand, but Constitution doesn’t require it to do so)