First Test Flashcards

1
Q

Why don’t constitutions establish universal norms?

A

it only has power within its governing region

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2
Q

Constitutions aim at limiting what?

A

arbitrary power

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3
Q

Explain the Ulysses analogy

A

Ulysses binds himself to the pole to restrict himself from doing further harm

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4
Q

What is the opposite of a constitutional government?

A

anarchy

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5
Q

Governing by fundamental laws increases what?

A
  • legal certainty and predictability
  • prevents self dealing and corruption
  • promotes public interest
  • expresses aspirations
  • facilitates compromise
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6
Q

Explain legislative supremacy

A

legislature determines fundamental law because they are the closest to the people

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7
Q

Explain compact theory

A

each unit in a federalist society determines fundamental law for themselves

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8
Q

Explain judicial supremacy

A

SCOTUS determines fundamental law

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9
Q

Explain departmentalism

A

each branch of government has equal authority to determine fundamental law

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10
Q

Where does the constitution mention judicial supremacy?

A

it doesn’t

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11
Q

What was the king’s privy council?

A

a group of advisors

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12
Q

In Britain, who has final say in interpreting constitutional matters?

A

parliament

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13
Q

What does Britain base all of their legal decisions off?

A

precedent

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14
Q

explain virtual representation?

A

can be people be justly represented from very far away?

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15
Q

The declaration of independence is all about what?

A

grievances against the crown

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16
Q

The articles of confederation were a wartime document that shared distrust of what?

A

centralized authority

17
Q

What is a republic?

A

a government that is concerned with public affairs

18
Q

The best republics are what?

A

small and homogenous

19
Q

Corruption occurs when what?

A

citizens stop pursuing public good

20
Q

What couldn’t the government do under the articles?

A
  • collect taxes
  • regulate trade
  • form an army
  • create currency
  • amend without unanimous support
21
Q

True or false: the federalists wanted drastic overhaul of the constitution, while the anti-federalists just thought it needed to be reworked

A

true

22
Q

Madison’s idea of pluralism is the base of what?

A

interest groups

23
Q

Factions are what?

A

groups that are adverse to the community

24
Q

According to Gordon Wood, Madison wanted to create what?

A

a democratic elite; a government run by excellent classical thinkers that were very separated from their constituents

25
Q

What does Gordon Wood say about the constitution?

A

the legitimacy of the document is not established by the founder’s true intent, but the standard political culture holds it

26
Q

According to Gordon Wood, the founders sought to disguise what?

A

the elitist elements of the constitution

27
Q

What is the purpose of the Constitution according to Parenti?

A

it is an elitist document meant to protect the interests of the upper class

28
Q

What does Parenti say about the amount of democracy in the Constitution?

A

too little

29
Q

According to Parenti, turmoil is caused by what?

A

popular unrest towards elites

30
Q

Parenti most relates to who?

A

Bernie and AOC

31
Q

What does Martin Diamond say about the founders?

A

we can’t comprehend their wisdom (assembly of demi-gods)

32
Q

According to Diamond, the founders had the full idea on what?

A

the good and bad in human conduct

33
Q

How is a sustainable government built according to Diamond?

A

for the people, but not by the people

34
Q

What were Diamond’s defenses to the undemocratic parts of the Constitution?

A
  • amendment requires nationally distributed majority
  • limited suffrage excluded those who lacked a concrete stake in society
  • the senate was much more democratic than anything previous
35
Q

What does Joseph Bessette say about the Constitution?

A

it’s one big contradiction- it’s written for the people but suppresses the majority

36
Q

What are the two kinds of democracy according to Bessette?

A

Pure v. deliberative (uninformed v. thoughtful)

37
Q

How do you improve the quality of the public voice according to Bessette?

A

representation

38
Q

Where do the most qulaified people need to be according to Bessette?

A

Congress

39
Q

How does Bessette view Congress?

A

the constitution designed congress to encourage debate no matter who you are