Questions Flashcards

1
Q

According to Alexander Hamilton, what was “the great and radical vice” in the design of
the Articles of Confederation? Why did this “vice” contribute so greatly to the weakness
of the Articles of Confederation?

A

The central government was unable to effectively exercise power over the state governments.

Under the Articles of Confederation Americans were never able to adequately raise enough money to operate the government and for any government to operate it must be able to raise enough money.

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2
Q

According to the textbook, what was the primary obstacle to amending the Articles of
Confederation? How did the Founders get around this obstacle? (Hint: the idea of
“popular sovereignty” was important here.)

A

The problem was that the only lawful way to amend the Articles was by unanimous consent of the state legislatures.

Instead ofsubmitting the proposed constitution to the legislatures, the founders instead submitted the constitution to special popularly elected ratifying conventions.

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3
Q

According to the textbook, what were the two most heated points of contention at the
Constitutional Convention that made it difficult to create a constitution acceptable to
the people of every state in the union?

A

States that had a large population vs States that had a small population

Northern states vs Southern Slave States

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4
Q

What were 4 ways the Original Constitution protected slavery?

A
  1. Three-Fifths Clause
  2. Electoral College
  3. Slave Trade Clauses
  4. Fugitive Slave Clauses
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5
Q

Did the federal system created by the U.S. Constitution give state governments
more or less power and independence compared to what they had under the
Articles of Confederation?

A

Less.

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6
Q

How does the ConStitution’s preamble reflect the principle of “popular sovereignty”?

A

By the rules set in article w article VII, before the Constitution could be considered “established” it had to be approved by special popularly elected ratifying conventions in at least nine of the thirteen states.

Article V provides procedures for amending the constitution, and the procedures provided greater opportunity for the sovereign people to play a role in changing the fundamental law.

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7
Q

Why did the Founders choose a bicameral legislature instead of a unicameral one?

A

To create an upper house that was a quasi - aristocratic part of the legislature that would counterbalance the more democratic lower house.

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8
Q

Which group—the Federalists or the Antifederalists—supported ratification of the U.S.
Constitution? Which opposed ratification?

A

Federalist supported the ratification of the constitution.

Anti-federalist opposed of the ratification of the constitution.

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9
Q

Why were the Federalist Papers written?

A

To persuade New Yorkers to vote to ratify the constitution.

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10
Q

What did each of the Reconstruction Amendments declare?

A

The abolishment of slavery (13th), established citizenship and equal protection under the law for all people born in the United States (14th), and declared it unconstitutional for anyone to be deprived of the right to vote based on race.

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11
Q

What did each of the Reconstruction Amendments declare?

A

The abolishment of slavery (13th), established citizenship and equal protection under the law for all people born in the United States (14th), and declared it unconstitutional for anyone to be deprived of the right to vote based on race.

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12
Q

In what ways did the Reconstruction Amendments transform the Founders’
Constitution—particularly with respect to slavery and white supremacist views of
American citizenship?

A

First, the 13th amendment bans slavery everywhere in the United States , and the empowers the federal government to make and enforce loss designed to assure i
it’s permanent abolition. Second the reconstruction amendments gave the federal government a new responsibility for protecting the fundamental liberties and freedoms of individuals against abuse by the state governments.Third, the 14th and 15th amendment each in their own way makes it clear that the US Constitution enacts the principle that all men are created equal everywhere in the union and reject white supremacist views of American citizenship.

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13
Q

Why has judicial review been important for the development of federalism over time?

A

Judicial review has played a critical role in the development of federalism over time by enabling the Supreme Court to interpret the Constitution and define the boundaries between federal and state powers.

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14
Q

What are two important principles found in the Tenth Amendment?

A

(1) The federal government may only exercise powers that are delegated to it through the Constitution.

(2) The states have certain inherent powers reserved to them that are not delegated to them through the U.S. Constitution or their state constitutions.

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15
Q

Where in the Constitution are most of Congress’ enumerated powers listed?

A

Article 1, Section 8.

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16
Q

Are there any constitutional limits on the police power of the state governments?

A

Yes, although states may enact laws to promote the health, safety, welfare, and morals of the people, they may not in the process violate constitutionally protected civil liberties or civil rights.

17
Q

Generally speaking, has the power and authority of the national government increased or decreased over time?

A

Increased

18
Q

What has been the impact of the progressive income tax in the U.S. since 1894?

A
19
Q

Using the power of the purse,how has the federal government influenced state governments?

A

The federal governmentwas greater abilities to use money as a positive incentive to induce the states to adopt and implement policies preferred by the federal government.

20
Q

How did the Supreme Court initially react to FDR’s efforts?

A

They declared many different aspects of the New Deal unconstitutional siding mostly with businesses who challenged the New Deal policies. CNN

21
Q

How has the modern welfare state impacted American federalism?

A

The development of the modern welfare state has significantly impacted American federalism by expanding the role of the federal government in areas that were once largely managed by states.

22
Q

How did Ronald Reagan try to reign in the size and influence of the federal government?

A

Reducing taxes thereby forcing the federal government to cut spending in order to balance the budget.

Reduce federal government spending on grants-in-aids

23
Q

Were his efforts successful? Why, after three of decline, did the national debt double during the 1980s (when Reagan was president)?

A

Yes and no. There was a reduction in spending on federal government grant- in-aid to state and local governments. The spending on grants to state and local governments declined by 33%.

The tax cuts did not lead the government to reduce overall spending nearly as much as Reagan and other proponents had hoped. The tax cuts significantly reduced revenue to the federal government but spending actually increased.

24
Q

According to the textbook, is either political party committed to principled federalism today ?

A
25
Q

Do constitutions protect civil liberties against infringement by private individuals (or
businesses) or do constitutions only protect against infringement by government?

A

Constitutions generally protect civil liberties against infringement by the government rather than private individuals or businesses.

26
Q

Did the civil liberties listed in the Bill of Rights of the U.S. Constitution apply to actions taken by state governments prior to the Civil War?
Did they apply to actions taken by the federal government prior to the Civil War?

A

No, the civil liberties listed in the U.S. Bill of Rights did not generally apply to actions taken by state governments prior to the Civil War. Originally, the Bill of Rights was intended only to limit the actions of the federal government, not state governments. This understanding was reinforced in Barron v. Baltimore (1833), in which the U.S. Supreme Court held that the Bill of Rights did not apply to the states.

27
Q

There are two phases in the Sherbert Test. Which questions are asked are in each
phase?

A

Phase 1: Determining a Substantial Burden on Free Exercise

In the first phase, the court assesses whether the government’s action imposes a substantial burden on the individual’s religious practice. The questions asked are:

1.	Does the person have a sincere religious belief?
2.	Does the government action place a substantial burden on the person’s ability to act on that belief?

Phase 2: Applying Strict Scrutiny to Government Interest

If a substantial burden is found, the court then evaluates the government’s justification for the action, using strict scrutiny. The questions asked are:

1.	Does the government have a compelling interest in enforcing the challenged policy?
2.	Is the government action the least restrictive means of achieving that compelling interest?
28
Q

What does strict scrutiny have to do with the Sherbert Test?

A

Strict scrutiny is central to the second phase of the Sherbert Test, as it sets a high standard for evaluating whether a government action that burdens religious practice is justified. If the government has placed a substantial burden on an individual’s religious exercise (established in the first phase of the test), it must then meet the strict scrutiny standard to justify its action.

29
Q

What is the baseline rule of the Supreme Court’s approach to the freedom of expression?

A

The baseline rule of the Supreme Court’s approach to the freedom of speech is that the government cannot restrict speech based on its content. This principle is rooted in the First Amendment of the U.S. Constitution, which states that “Congress shall make no law… abridging the freedom of speech.” This core principle has evolved into what is known as content neutrality: government restrictions on speech are generally permissible only if they are content-neutral—meaning the restrictions do not favor or disfavor particular messages, ideas, or viewpoints.

30
Q

What are two forms of expression that are protected by the US Constitution, but they are not constitutionally protected and other democratic countries?

A

Hate speech and political campaigns

31
Q

Know which of the following forms of expression are entitled to less First Amendment protection than ordinary forms of political expression:

A

Obscenity, fighting words, defamation, true threats, and commercial speech.

32
Q

According to 21st century U.S. Supreme Court decisions, does the Second Amendment protect a right for individuals to own firearms for self-defense? Or does it only protect the right for persons to own guns for purposes of serving in a “well-regulated militia”?

A

Self-defense

33
Q

Has a US Supreme Court Inc. the second amendment under the due process clause of the 14th amendment

A

Yes