First Test Flashcards
Why don’t constitutions establish universal norms?
it only has power within its governing region
Constitutions aim at limiting what?
arbitrary power
Explain the Ulysses analogy
Ulysses binds himself to the pole to restrict himself from doing further harm
What is the opposite of a constitutional government?
anarchy
Governing by fundamental laws increases what?
- legal certainty and predictability
- prevents self dealing and corruption
- promotes public interest
- expresses aspirations
- facilitates compromise
Explain legislative supremacy
legislature determines fundamental law because they are the closest to the people
Explain compact theory
each unit in a federalist society determines fundamental law for themselves
Explain judicial supremacy
SCOTUS determines fundamental law
Explain departmentalism
each branch of government has equal authority to determine fundamental law
Where does the constitution mention judicial supremacy?
it doesn’t
What was the king’s privy council?
a group of advisors
In Britain, who has final say in interpreting constitutional matters?
parliament
What does Britain base all of their legal decisions off?
precedent
explain virtual representation?
can be people be justly represented from very far away?
The declaration of independence is all about what?
grievances against the crown
The articles of confederation were a wartime document that shared distrust of what?
centralized authority
What is a republic?
a government that is concerned with public affairs
The best republics are what?
small and homogenous
Corruption occurs when what?
citizens stop pursuing public good
What couldn’t the government do under the articles?
- collect taxes
- regulate trade
- form an army
- create currency
- amend without unanimous support
True or false: the federalists wanted drastic overhaul of the constitution, while the anti-federalists just thought it needed to be reworked
true
Madison’s idea of pluralism is the base of what?
interest groups
Factions are what?
groups that are adverse to the community
According to Gordon Wood, Madison wanted to create what?
a democratic elite; a government run by excellent classical thinkers that were very separated from their constituents
