MidTerm Flashcards
Congress’ power should be limited (can’t have TOO much)
Federalist #2
by Madison; democracy won’t allow factions bc of diversity and size (good)
Federalist #10
by Madison; separation of powers needed because men are inherently bad
Federalist #51
by Madison; legislature; process of choosing officials in House of Reps by elections provides motivation to work hard
Federalist #57
Senate should be prestigious, wise ones while House of Reps are young bucks
Federalist #63
energy needed in executive branch to rule well, but not become a monarchy (energy derived from unity, duration, and support from the people)
Federalist #70
defending judiciary; judiciary is weakest branch unless connected with another branch; defending why judges have a lifetime term (free of distractions of election)
Federalist #78
by Brutus; Bill of Rights SHOULD exist to protect freedoms
Antifederalist #2
by Cato; refuted Madison’s Fed #10; thinks democracy will not work bc mini factions will cause chaos
Antifederalist #3
by Montezuma; satire from perspective of bigwigs who made it seem like they’d care for the country, but really they’d have all the power (aristocracy)
Antifederalist #9
America should interpret the Constitution by the spirit of the time, but it does have solid core values we should stick to
Brennan
the history surrounding Constitution is most necessary for interpretation; original intent
Meese
(B=BAD) all gov is demonic and evil, controlled by Satan; should not serve in military/government
Boyd
refutes Boyd because Satan is a liar and can’t be trusted when he says he controls government
Grudem
3 kinds of justice:
1) General-what we owe to society as a whole
2) Commutative-between community members
3) Distributive-community distributes goods to members
Aquinas
against socialism and for capitalism bc it’s better that not everyone is completely equal; administering money out during life is the best way to handle wealth; having some rich people is good
Carnegie
disagrees with Carnegie; believed Jesus was a warrior for economic justice and wants poor people to rule
Rauschenbusch
2 kinds of liberty: natural (free to do whatever) and civil/federal (free to do whatever follows law; thinks Jesus supports)
Winthrop
City of God and City of man; united by all people needing worldly things to survive; Christians will be the best citizens if laws don’t violate beliefs
Augustine
first Christian emperor
Constantine
religious tolerance; there should not be a state religion
Jefferson
against moral instruction in schools because it’ll corrupt the religion and religious freedom
Madison
Christians are not winning against society in politics evangelically; culture is starting to change evangelicals; churches need to make a culture of their own
Carl FH Henry
natural rights born in humans; majority determines choices of government; state of nature is missing an established law, an indifferent judge and power to execute the law; we give that up to have a good government, but certain ones must be defended OR ELSE the people can rebel
Locke
anti-revolution; pastor; government is under God; disobeying government is disobeying God
Boucher
(MMMMMoney) Maryland wanted to tax national bank, but fed gov said NO
McCullough v. Maryland
(Wwwwheat) Congress’ power to regulate commerce
Wickard v. Filburn
British; representatives are elected to do what he thinks is best, not what the people say all the time
Burke
Christians are subject to government because it’s from God and we need to submit to it
Romans 13
God still used sinful govs to carry out his purpose
Daniel, Habakkuk, Babylonians
Everyone’s wealth is equal
socialism
There is a law above kings
Magna Carta
Legislature-House of Reps, Senate
Article 1 of Constitution
Executive
Article 2 of Constitution
Judiciary
Article 3 of Constitution
Habeas Corpus (right to fair trial with evidence)-taken away by Lincoln during Civil War
Article 1, Section 9
Presidents have expanded power during emergency; Lincoln
Prerogative theory
President can do anything, unless it breaks the constitution
stewardship theory
president can ONLY do what Constitution says
Whig Theory
How long is the judiciaries’ terms?
life
authority of a court to hear an appeal from lower court
appellate jurisdiction
power of court to hear a case first, before any other court
original jurisdiction
(article 1, section 9) prerogative theory; why he broke Habeas Corpus during Civil War
Lincoln’s Speech to Congress
supreme court can make unconstitutional laws void
Marbury v. Madison
we are gonna commit suicide as a country if we don’t follow laws; America is a test to see if a democracy works
Constitutional Republic by Lincoln
Scripture teaches that we are free to disobey government whenever it forces us to sin.
True
Boyd (The Myth of a Christian Nation) believes governments are essentially under Satan’s power.
True
Grudem (Politics-According to the Bible) and Boyd (The Myth of a Christian Nation) largely agree on how government is portrayed in Scripture.
False
Scripture makes it clear that government’s authority comes from the consent of the governed.
False
Winthrop, in his “Little Speech on Liberty,” argues that our basic attitude toward those who lead us should be one of
patience
Winthrop’s “Little Speech on Liberty” stresses that those who serve in elected positions are fundamentally unlike those they represent
False
In his “Little Speech on Liberty”, John Winthrop argues that civil liberty is the natural ability to do whatever we wish and only rarely should government be able to limit this kind of liberty.
False
According to Scripture, Christians are required to obey government unless government forces us to sin.
True
Jefferson argues in the Declaration that citizens have the right to alter or abolish government when it fails to protect rights and liberties
True
Both Jefferson and Locke think popular consent is a fundamental aspect of good government
True
Locke believes that citizens give up no rights or powers when they enter into a governmental structure
False
Boucher (“On Civil Liberty…”) thinks a government seeking the public good must be based on the consent of the governed
False
The document explaining the ideas of the Constitution and urging its ratification is the
Federalist Papers
In Federalist #10, James Madison argued for what idea?
government is most dangerous when a single group is powerful enough to gain full political control
The principle of checks and balances, as discussed in Federalist #51, is based on the notion that…
power and ambition must be used to offset power and ambition
In Federalist 10, Madison argues that a successful government will heavily regulate people to limit their freedom to form groups
False
In Federalist 51, Madison suggests that human beings are “good” enough to be trusted with significant political power
False
Montezuma, in his satirical Anti-Federalist paper, argues that the new Constitution…
is not democratic enough because only the House is popularly elected
Cato, in his Anti-Federalist Paper, argues against ____ and his ____
Madison; belief that America’s size and diversity would benefit the new government
Brutus, in his Anti-Federalist paper, argues that the new Constitution should contain a bill of rights
True
Hamilton, in Federalist 78 believed the judiciary was the most dangerous branch of government
False
In Federalist 78, Hamilton argues it is up to all branches of government to interpret the Constitution as they see fit.
False
In Marbury, Marshall argues that in order to have limited government, laws that conflict with the Constitution must be struck down.
True
In Marbury v. Madison, the Supreme Court struck down a law passed by Congress.
True
Members of the Supreme Court hold their positions as long as they demonstrate “good behavior”, which generally means for life.
True
Justice Brennan (in his Speech to the Text and Teaching Symposium) thinks the Constitution is simply like other texts and should be treated as such.
False
Justice Brennan (in his Speech to the Text and Teaching Symposium) thinks the Constitution is a public text, and as such it should be interpreted, to a degree, in light of the public’s values
True
Brennan (in his Speech to the Text and teaching Symposium) thinks the Constitution contains no supreme or superior values. All values, he reasons, must be imported into the text.
False
Ed Meese (Speech to the Federalist Society) argues that the history surrounding the Constitution’s ratification is knowable and necessary for interpreting the document’s text
True
Ed Meese (in his Speech to the Federalist Society Lawyer’s Division) thinks judges (including members of the US Supreme Court) should make constitutional decisions based on how the Constitution was understood by those who wrote and ratified it as opposed to how we understand it from our perspective.
True
