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Final Exam Flashcards

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1
Q

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

A

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

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2
Q

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

A

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

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3
Q

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

A

(EDIT: ADD DETAIL) Government exists to secure rights

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4
Q

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

A

Increases production by a LOT

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5
Q

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

A

Creates an incentive for production

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6
Q

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

A

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

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7
Q

o Difference Between Society and Government(Paine)

A

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

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8
Q

Why does Paine say humanity is all equal?

A

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

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9
Q

o The Law as Median Strips (DOI)

A

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

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10
Q

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

A

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

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11
Q

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

A

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

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12
Q

Argument against monarchical Government (Paine)

A

(EDIT: double check) Biblical authority was illegitimate

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13
Q

Whose principles created the declaration/liberalism?

A

Lockean

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14
Q

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

A

(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

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15
Q

The Argument for Small Republics

A

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

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16
Q

o The Failures of the Articles

A

(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)

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17
Q

o The Failures of State Governments

A

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

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18
Q

How did the Constitution Protect Property?

A

Taking away power from failing State governments

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19
Q

o Stability of New Constitution

A
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20
Q

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)

A

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

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21
Q

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

A

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

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22
Q

Federalist Realism and the “Science of Politics”

A

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

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23
Q

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

A

Large republics can overpower factions that destroy republican government

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24
Q

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

A

Large groups solve factions because

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25
Q

An Elite Coup?

A
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26
Q

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

A

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

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27
Q

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

A

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

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28
Q

o Trustee vs. Delegate Forms of Representation

A

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

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29
Q

o Distrust of Distant Government

A

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

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30
Q

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

A

Direct Operation on the People

31
Q

What made the Constitution still a Limited Government?

A

Only has Authority within a Certain
Sphere

32
Q

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

A

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

33
Q

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

A

(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

34
Q

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

A
35
Q

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

A
36
Q

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

A
37
Q

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

A
38
Q

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

A

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

39
Q

o Connection between Political Independence and the Separation of Powers

A

Checks and balances exists to preserve the separation of powers

40
Q

Contradiction Between Declaration and Slavery

A

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

41
Q

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

A
42
Q

o Frederick Douglass’s Thoughts on Slavery

A

(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

43
Q

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

A
44
Q

o Slavery as a “Necessary Evil”

A
45
Q

o Founders’ Solution to the Problem of Slavery

A
46
Q

o The Meaning of the Missouri Compromise

A
47
Q

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

A
48
Q

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

A
49
Q

o The Meaning of Lincoln’s Election

A
50
Q

The Character of Lincoln’s Prudence

A
51
Q

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

A

North says no, south says yes.

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

52
Q

o Rush’s Christian Argument Against Slavery

A

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

53
Q

o Paine’s Natural Rights Argument Against Slavery

A

(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

54
Q

o Lincoln’s Understanding of the Declaration

A
55
Q

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

A

(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,

56
Q

o Calhoun’s Compact Theory of the Constitution

A
57
Q

Sinclair Lewis, The Jungle

A

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

58
Q

William Jennings Bryan, “Cross of Gold”

A

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

59
Q

o Herbert Croly, The Promise of American Life

A
60
Q

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

A

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

61
Q

o Unified Government of Expertise with more Immediate Democratic Input

A
62
Q

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

A
63
Q

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

A

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

64
Q

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

A

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

65
Q

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

A

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

66
Q

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

A

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:

67
Q

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

A

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:

68
Q

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

A

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:

69
Q

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

A

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:

70
Q

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

A

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:

71
Q

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

A

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

72
Q

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

A

(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

73
Q

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

A

(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)

Political Science (7 decks)

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