Midterm 2 Flashcards
What is the focus and purpose of Article 1 of the Constitution?
The Legislative Branch.
To Make laws.
What is the focus and purpose of Article 2 of the Constitution?
The Executive Branch.
Manage the day-to-day operations through various departments. The President is the leader of this branch.
What is the focus and purpose of Article 3 of the Constitution?
The Judicial Branch.
Power of the court system.
What is the focus and purpose of Article 4 of the Constitution?
The States.
Relationship between the states and the federal government. All states are equal.
What is the focus and purpose of Article 5 of the Constitution?
Amendment.
The Constitution can be amended
What is the focus and purpose of Article 6 of the Constitution?
Debts, Supremacy, Oaths.
All officials must swear an oath to the Constitution as it is the supreme law of the land.
What is the focus and purpose of Article 7 of the Constitution?
Details all those who signed the Constitution representing the original 13 states.
John Adams
Wrote “Thoughts on Government” which criticized Thomas Paine’s “Common Sense”.
- Adams believe a republic is the only good government.
- Power should go to the most wise and good
- Legislative power should be divided (bicameral)
Who wrote “Vices of the Political System of the United States”
James Madison
Federalism
Sovereignty is divided between the states and the nation
Judicial Review
Ability of the judicial section to make actions that aren’t in the constitution.
Ability not actually stated in the Constitution.
Vices of the Political System of the United States
The national government did not have sufficient power to coerce the states when needed.
By James Madison
What were Alexander Hamilton’s 4 points to why the US government was weak in his letter to James Duane.
- States valued their liberty too much to give the national Congress any substantial power
- Congress being too willing to defer to the states
- The Articles left the Congress with too few options for sufficient funding
- Congress labored under too much uncertainty regarding the extent and nature of their powers
What was the Virginia Plan? What arguments are their against it?
By James Madison
Less power in the states. More power to all the people with each individual considered equal.
Arguments:
1. Violated state sovereignty
2. Violated small state theory of republics/democracies
What was the New Jersey Plan?
Equal state representation.
Equal representation for each state
How were the New Jersey and Virginia plans combined?
The House = The Virginia Plan
The Senate = The New Jersey Plan
What is the importance of Marbury vs. Madison?
Set the Judicial review
Constitutionalism
The idea that the Constitution is unchanging.
It is the higher law and takes precedence over any ordinary laws passed by the legislature
Brutus
Worried the Judicial branch was too powerful
Federalist No. 78
By Alexander Hamilton.
The Judicial branch is not too powerful because:
1. They can’t take people’s money or command the army
2. They are reactive. Not proactive
3. They only do judgement
4. They are the weakest branch
Articles of Confederation
Agreement among the 13 original states serving as the first constitution.
What are some problems with the articles of confederation?
- Uncontrolled self-interest
- Lack of cooperation between the states
- Weak executive branch
- Treaty and policy violations
- No taxes-revenue
- No coercion of states
- Laws were not guaranteed
- Mutability: easily changed
- Relied on virtue alone
How does the constitution’s approach to representation reflect a commitment to both the states and the nation?
- Enumerated rights
- Bicameral legislature of state and people
Crevecoeur
A patriot after the revolution, wrote letters as if he was an American farmer writing to England.
Colonists have been given opportunities to flourish
“The most perfect society existing…”
Americans are equal and free.
“Silken bands of Gov’t”
Broad drafting
Interpreting the constitution based on now
Narrow drafting
Interpreting the constitution based on what the founding fathers would have wanted.
Federalist
Believed we didn’t need a Bill of rights because:
- Why do the people need protection from themselves since the government is appointed by the people
- Listing rights could limit them
- Parchment barrier that would just be ignored like the states
- Trusted the institutions/virtue of the people
Anti-Federalist
- Wanted protection from large government
- Wanted enumerated rights
- Wanted to hold the federal government accountable
- Better to have some of the rights than none (Half a loaf is better than no bread – Jefferson)
- Didn’t trust the institutions/virtue of the systems in place
- Protect the future generation
Sojurner Truth
Wrote Ain’t I a Woman?
- The first woman God ever made was “strong enough turn the world upside down all alone”
- Imagine what we could all do together
- Christ came from a woman
EE Schattschneider
Modern mass government can’t exist without parties. You can’t get a lot of people involved without parties.