Nature of the Constitution

Question 1

Jeffersonian answer to why Constitution still binds us

Answer 1

Each generation should start anew and decide for itself

Question 2

Counter answer to Jeffersonian view of generational Constitution

Answer 2

Each generation tacitly accepted old Constitution

Question 3

If we wish to —- then we are obligated to accept —

Answer 3

Use institutions created by Constitution, limits it imposes

Question 4

Counter to dead hand problem: can be binding on future selves if we are a — and not just a —-

Answer 4

Nation, collection of people at different moments in time

Question 5

Federalist 39 - Consitution establishes not a — nor a — but a —

Answer 5

democracy, oligarchy, republic

Question 6

How did Madison define a republic?

Answer 6

Government derives all power directly or indirectly from the people and administered by persons holding office for limited period or during good behavior.

Question 7

What did Madison find essential to a republic

Answer 7

Derived from great body of society, not just favored class

Question 8

More conventional definition of Republic

Answer 8

Elected representatives body

Question 9

Federalist 39 - Constitution creates a — system

Answer 9

mixed national federal

Question 10

What is benefit of nationalism

Answer 10

Attachment to law and principle can bind people together, sustain a country deal with sociological problem

Question 11

First broad theme of Constitution

Answer 11

It is written (status of Supreme Law)

Question 12

Second broad theme of Constitution

Answer 12

Republicanism and popular sovereignty

Question 13

Third broad theme of Constitution

Answer 13

Separation of Powers

Question 14

Fourth broad theme of Constitution

Answer 14

Federalism

Question 15

Fifth broad theme of Constitution

Answer 15

Individual rights

Question 16

Sixth broad theme of Constitution

Answer 16

Imperfection

Question 17

Seventh broad theme of Constitution

Answer 17

Self governance

Question 18

In contrast to the Articles, the states are not —- , — are

Answer 18

Sovereign nor national, people

Question 19

Because the people are sovereign, the Constitution is —-

Answer 19

Law

Question 20

Federalist 39 - The people exercise their sovereignty through —

Answer 20

Republican institutions

Question 21

How are people sovereign when govt has power?

Answer 21

Locke difference supremacy and sovereignty. If people control government they have the supreme power

Question 22

The Constitution does not mention — but it does convey —

Answer 22

Separation of powers/danger of concentrated power, different powers to different branches

Question 23

Separation - In practice, some powers are —- to have checks. Example:

Answer 23

Comingled, president legislative power in form of veto

Question 24

Hamburger position on Separation

Answer 24

Clear cut and tripartite: judiciary=judgement, legislative=will, exec=will (federalist 78)

Question 25

Madison on Separation - each branch has —- in the selection of members of the others

Answer 25

Only partial

Question 26

Madison on Separation - each branch is made as — as possible and given — so it does not become —

Answer 26

Independent, will, subject to one of the others

Question 27

Madison on Separation - Vitally important powers like — are —-

Answer 27

War making. Divided requiring joint action

Question 28

Federalism- the Constitution set up a federal government that had power in —- and the states —-

Answer 28

limited spheres, retain all other power (in practice ha changed)

Question 29

The Supremacy Clause makes any —

Answer 29

Constitutionally valid actions of the national government prevail over actions of the states

Question 30

Benefits of a central government

Answer 30

Solve collective action problem of the states, economies of scale, can intervene when state tramps right of minority

Question 31

A federal system is supposed to allowed local governments to

Answer 31

Address situations for which they are better suited

Question 32

Rights are —

Answer 32

Limits of government

Question 33

The Constitution— talk about individual rights

Answer 33

Does not

Question 34

Hamburger- when it comes to rights, —

Answer 34

Less is more

Question 35

Bill of Rights: protects individual rights from abridgment__

Answer 35

by the national government

Question 36

Reconstruction Amendments (13th, 14th, 15th): protect individual rights from abridgment __

Answer 36

by state governments

Question 37

The 16th and 17th amendments demonstrate the ___

Answer 37

steady expansion of national power to protect individual rights

Question 38

What are four major shortcomings of the Constitution?

Answer 38

accomodation for slavery, short, difficult to amend, doesn’t define many key terms

Question 39

Rather than seek justice, Constitution leaves __

Answer 39

us to seek justice in myriad of ways

Question 40

Drawback of perfectly just society

Answer 40

little freedom, pull to justice in different directions

Question 41

Contra civil law, common law only deals with __ Leaves us to figure out __

Answer 41

gross injustice, different types of justice and make our own decisions

Question 42

The main idea of the American republic and the American constitution was ___

Answer 42

self-governance (we the people)

Question 43

At time of Constitution, states were self governing but decided to give federal govt __

Answer 43

some of the power that had been vested in the states