Mid-Term Material Flashcards
Who were the federalists?
John Jay, Alexander Hamilton, and James Madison writing under the pen name Publius (Counsil of new roman republic after they got rid of their king) to get the Constitution Ratified
What is the question of federalist #1?
(supporting material)
Can men establish government by reflection and choice or are we bound by necessity to always have government by accident and force.
What is the major focus of Federalist #37?
(supporting material)
The government must be strong but not too strong.
(articles of confederation did not make the government strong enough)
What is the focus of Federalist #9?
(supporting material)
Republics in the past failed but we must not give up on popular government (where the people are involved) and instead must focus on five aspects of modification
1)Separation of Powers
2) Legislative balance and checks (bicameralism)
3) Independent judiciary (will not be biased based on who elects them)
4) Representation
5) Enlargement of orbit
What is the focus of Federalist #10?
The problem of majority factions (group against the will of the people)
-Factions cannot be stopped from forming because it is a part of human nature (X take freedom, brainwash)
-Solution: control effects by enlargement of orbit: large geography and population “multiplicity of factions”
What does representation give?
Distinguishes republic from direct democracy
1) Refined and elevated public views (representatives are the best and wisest)
2) Allows for a larger area to still be represented (allows for expansion of orbit)
What do federalist #47-51 discuss?
Separation of powers
-
What is the focus of federalist #47?
(supporting material)
answers why they must be separated: only God can have all branches of government and not be a tyrant. Unification of these leads men to tyranny
What is the focus of Federalist #51?
Answers how the powers can be kept separate.
-their structure naturally provides (constitutional means of) checks and balances
-they will not elect each other or determine each others salary
-Ambition will be used, they will have reasons to resist encroachment of other branches
How does government reflect on the nature of man?
Fed #51: “If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary”
-It is because of human nature that we need government- to control it immorality
What are some of the checks and balances between the branches of government?
Impeachments, term limits, executive nominations (reviewed by senate), judicial review (strike down what other branches done), veto
What did the anti-federalists want?
Very controlled and limited government, they preferred their state governments to have power over fed.
Agreed with federalists on human nature and lockean principles but disagree on solution. Believed federalists gave central government too much power.
What was the focus of Anti-Federalist #2? Who was the author?
Brutus (tyrant slayer)
There is no Bill of Rights
-We came together to preserve rights we need a clear list of the ones we keep
-Our history has been bill of rights, Magna Carta (1215, King John), states
-Federalists are wickedly intentionally trying to deprive rights
-Constitution itself is not a bill of rights and state bill of rights is not enough because of supremacy clause (Article 6) they can be overruled
What is the focus of Anti-Federalist #3? Who was the author?
Cato (Roman senator defending republic from usurpation of power)
A republic cannot be used over such a wide geography or population of differing interests (Directly against F #10)
States will not look out for each other and there will be no unity - will not be connected
Unity will only be made from a standing army
-Farther from gov, laws have less force
What is the focus of Anti-Federalist #9? Who was the author?
Montezuma (king of Aztecs, freedom taken by Cortez)
-Not as democratic as seems at first
-House of Representatives does not really have power because it is subject to the senate and the executive (senate tries impeachment-jury of friends)
-State legislatures have no real power and will be absorbed (senate/executive has no checks/balances from state)
-Executive is really a king
-Judicial- has too much power, no limits on jurisdiction because any state court can be appealed to it
-Constitution will give power to an American aristocracy
Argues that new Constitution is not democratic enough because only the House is popularly elected
Where is the structure of the legislature laid out? What does it say?
Article 1 of the US Constitution
sec 1: powers granted which are necessary for sovereignty, bicameralism
s2: House of representative, most democratic as it is chosen by people, qualifications necessary to be wise and not have foreign influence, # varies on population, impeachment power
s3: Senate: elected by state legislature (changed by 17th Amendment), #: 2/state, longer duration & higher qualifications due to duties, try impeachment
s4: congress election, times, places, manner as determined by state legislatures
s5: operation
s6: compensation
s7: laws
s8: necessary and proper clause (laws to perform duties)
s9: denied power (suspension of habeas corpus, bill of attainer, ex post facto law
s10: power denied to states
What is the main idea of Federalist #57?
Feds respond that not possible for House to become oligarchy miss represent will of people because anyone can vote and anyone can be voted for
The representatives…
1) earned their votes by their qualities
2) will have affection at first for those who voted them in
3) will remain virtuous for selfish reasons to retain honors of government
(1-3 not enough checks w/o 4)
4) will frequently seek the people’s favor to be reelected dependance on virtue of people
5) Laws passed apply to self, friends, and people
Whole government created to check itself, but the ultimate safe guard is the vigilance of the people
What is the very root of the republican government meaning in federalist #57?
(skip)
The anti-federalists were proponents of a republican government but they were constantly doubting that it was a possibility.
Is the focus of Federalist #63?
The role of the Senate
To represent the nation to foreign governments
-appear sensible and wise, necessary that it was the senate because house too large and constantly changing
To guard against second sober thoughts
-the people can be deceived and the senate must be stable and removed enough from the people to not make rash decisions that will be rethought
What is the danger of the Senate as outlined in federalist #63?
Corruption yet this is not possible because the whole government checks each other. The whole government and ultimately the people would have to be corrupt for the Senate to be corrupt.
What was the importance of McCulloch v. Maryland?
Implied powers and national supremacy Nature of union & what is the power of the states - do they have power to control federal government means?
1) The right to set up a bank is an extension of the enumerated powers of Congress
2) The state cannot tax the federal government because the federal government is supreme
What is the difference between implied and enumerated powers?
Enumerated: expressly listed
Implied: not expressly listed
What is judicial review?
As seen in McCulloch v. Maryland, the supreme court reviews the differences between state laws and the Constitution and strikes down laws that are unconstitutional.
What does Edmund Burke have to say about the responsiblity of representatives?
The representative should represent the will of the people as possible, but the job of the representative is to discern what is the best not to merely vote by will of anyone.
What was the Wickard v. Filburn case?
Does the Article 1 section 8 regulation of interstate commerce allow Congress to regulate what one grows on their own property for their own use?
A1 S8 is an elastic clause it will be a constant debate how far it stretches
Decision: Yes as it does affect the market
Where does government originate?
God
What is the Christian response to government?
Submit, obey, honor, taxes, prayer.
Only disobey orders that would require us to sin instead we will submit to punishment.
What is projective accomidation?
Accommodating scripture to match what one already believes.
What was Boyd’s view on government?
Governments are essentially under Satan’s power.
God uses governments as they are to do His will. Satan said he had control over kingdoms and Jesus did not dispute.
Government is instituted by man and God orders them as a librarian.
Obedience to government is a necessary evil and Christians should have little to do with government as possible (pacifism)
Negative view of government
What was Grudem’s view of government?
God is in absolute control of governments from beginning to end. Disagrees with Boyd’s view. Jesus did not have to address all of Satan’s statements because he was the father of lies.
Government is to bless the good and punish the evil. Satan would not do this.
Positive view of government
What was Winthrop’s situation and main points?
Winthrop was in trial and was acquitted from trials that claimed he had meddled in election
-Two kinds of nature:
1) natural: license to do whatever you want
2) civil/moral: liberty under law
-When a ruler makes a mistake we ought to bear with and uphold the authority working within the system patience
Did the early church model socialism or marxism?
No, Ananias and Saphira were not killed for not giving everything to the church but for deceiving the Holy Spirit
What was Augustine’s situation and what were his main points?
Sack of Rome 410 fear that Christians would be blamed and persecuted. He was first a theologian and explained Christianity to readers while encouraging Christians.
-Two cities: City of God- love of God at contempt of self & City of Earth- love of self at contempt of God
Christians are excellent citizens because they need the same things to stay alive as non-christian citizens. They will all work together to remain at peace.
Government is necessary because of sin
What is the social contract theory of government?
Social contract theory. Man was in a state of nature and came together to create a government so their property would be more secure. Men entered into contract to give up some liberties to protect property.
What are the approaches of justice when it comes to material things?
1) Goods common to everyone distributed by rule according to standards not equally (in Sparta warriors did most and got most)
2) Principle of strict or radical equality: everyone gets the same because they are morally equal (close to socialism)
3) Intervention to raise the level of the least in society
What is social justice?
Government is responsible for equal distribution of goods (distributive justice)
Equality in process and outcome
Taking from haves giving to have nots
What is Andrew Carnegie’s perspective on the responsibilities of the wealthy?
To become the treasures of the people. To not hoard ones money and give at the end of their life to the community or to heirs but to use it throughout life to benefit others. Particularly to benefit those who desire to help themselves. Invest in that which uplifts people–libraries, parks, museums…
Presented “true gospel of wealth” false gospel. Wealth cannot fix what needs to be fixed- spiritual
What were Walter Rauschenbusch’ Social Principles of Jesus?
He believed that Jesus identified with the poor, with those who toiled for what they got, over and against the rich. The big sin is a sin of the wealthy alone: injustice, oppression, and corruption.
College people must be choose to help others using our special privileges and capacities for social redemption
