Quiz 2 Flashcards
1
Q
What document served as the governing document during the revolution before the Constitution?
A
The Articles of Confederation
2
Q
When did people in the AOC times think democratic gvmt was possible in terms of relationships and the size of territories?
A
Small territories where people had direct relationships with their reps
3
Q
What was the idea behind the gvmt with the AoC? (Colony size, dynamic with people)
A
Colonies were too big to be a real gvmt, and people need to have relationship with a gvmt to accept/trust it
4
Q
How was having 1 gvmt for a large area viewed as? Why?
A
tyranny, relationship with British gvmt
5
Q
What was the balance of power with the AoC?
A
Strong state, weak national gvmt
6
Q
Why was the AoC against a strong national gvmt?*
A
Possible oppression
7
Q
What were the problems with an overcentralized gvmt?
A
Oppression, lack of representation
8
Q
What did they find with the AoC?
A
You need an executive to get things done
9
Q
Why did the AoC fail? What couldn’t it do?
A
The weak ventral government was unworkable. It couldn’t conduce foreign policy, regulate, trade, defend borders (EG NAs), or handle interstate disputes (Can’t adjucate, need unanimous agreement)
10
Q
What was wrong with Congress during the AoC?
A
It didn’t fully use its powers and tried to appease the states instead of exercising power, so nothing got done
11
Q
What were the state gvmt failures during the AoC? What type of government did this resemble?
A
Lockean principles not being met, Constitutional convention wanted to move power up and away from states, states passing too many and unjust laws, subject to change, severe abuse of power, people too close to gvmt, governors lack knowledge and experience
Extensive/simple democracy
12
Q
What was the msot immediate concern for the founders and constitutional convention while rewriting the AoC?*
A
Protection of property
13
Q
What did the elites think of the state gvmt?
A
It was too influenced by the popular majority, and they had dangerous tendencies
14
Q
What was the main problem with the gvmt during the AoC? Why was this an issue?
A
Too democratic- pop vote means majority can make a lot of bad choices
15
Q
What idea was the constitution founded on?
A
Some distance from the people is necessary to give them what they need instead of what they want
16
Q
What are the benefits of having a more powerful federal gvmt?
A
It creates an effective national government and reduces state power, creating a more effective government
17
Q
What did the constitution need to protect?
A
Private property
18
Q
What were the relations with the AoC?
A
States and articles, not people and articles
19
Q
How did elections work with the Constitution?
A
People can elect members to the House of Representatives and direct regulation of commerce
20
Q
For the Constitution to work, it must connect with people over and against ____________.
A
State governments.
21
Q
How does the Constitution limit the federal government’s power?
A
Prevents laws from being passed that are detrimental to the people’s interests
22
Q
What was Madison hoping to achieve? Did this end up happening? (EDIT: When was he trying to achieve this?_
A
Constitutional negative- for Congress to be able to directly intervene and keep state laws from passing
Not then, but it exists now (If laws are unconstitutional)
23
Q
What part of government does the Bill of Rights operate on?
A
The Federal government
24
Q
What were people’s issues with the AoC?
A
States have less power, elite have more
25
Was a revisal of the AoC proposed? Why or why not? (EDIT: rephrase)
Revisal rejected decentralization
26
What did each state have according to AoC?
Sovreignty, freedom, independence, and every power, jurisdiction, and right not expressly given to Congress assembled
27
Can there be any interaction (effectively) with a king, prince, or another state?
Yes, but there needs to be congressional approval
28
Are treaties, confederations, or alliances allowed? *
Yes, but there needs to be congressional approval first
29
Can states engage in war without Congressional approval? *
No, except for a few circumstances (Invasions or receiving advice against NAs to invade w/ imminent danger, sending/receiving ambassadors, treaties/alliances minus treaties of commerce where legislative power of respective states will be reserved from imposing imposts, prohibiting exports/imports, determining legal/illegal land/water captures, division of prizes, appointing piracy/felony courts/courts for appeal processes (Congress can't judge appeal courts) marque/reprisal letters unless war has been declared, then only against group you're at war with and pirates)
30
Who determines whether the US is in a state of peace or war, except for circumstances mentioned previously?
Congress
31
Who is the last resort for state boundary appeals?
Congress
32
How did you appeal Congress' decision? (EDIT: Double check) *
You couldn't- it's the final ruling
33
Who could regulate the value of money? Did any other sources have other similar rights?
Congress, but states could fix the standard of weight and measures through US
34
What was the Committee of the States? (EDIT: Double check)
-1 delegate/state
-Handled general affairs of the US
35
What did 9/13 states have to agree to to pass?
-Engaging in war
-Granting letters of marque/reprisal in times of peace
-Entering into treaties/alliances
-Regulating value of coin $
-Measuring sums/expenses necessary for welfare of US (or any state)
-Emitting bills
-Borrowing $ on US's credit (EDIT: Double check)
-Questions on any point, except for adjourning from day to day unless by majority on campus (EDIT: Clarity)
36
How many states can execute Congress' powers?
9/13
37
What states are subject to the determinations of the US in Congress assembled?
All of them
38
What states are subject to the AoC?
All of them
39
Is the AoC absolute?
No, it can be ratified
40
What was the concern with Adam's principles?
They may have misled some members of the Convention
41
What did John Adams believe administration would be motivated by?
Private interest/ambition
42
Why did John Adams want an opposition of interests?
It would best secure the people's rights because of people wanting to serve their own intersts
43
What are the requirements for a republican/free government?
Virtuous people and fairly equal property division
44
People must have total power, or what will happen? (Small republic argument) (EDIT: WHO WROTE IT?)
An aristocracy, monarchy, or despotism
45
Why should government be simple? (Small republic argument)
So people know where issues lie if something goes wrong
46
Does the Small republic argument say freedom is practicable with populations of all sizes? If not, what are the limitations?
No- may not work due to large size and that small areas united in foreign and general concerns are the only method of ruling
47
Why is having local governments instead of one big government beneficial?
You can address all local issues
48
What was the general consensus about states being secured on principles of the Confederation of Sovreign states? (EDIT: Why?)
It couldn't be done
49
Could compulsive observation of federal law ever be reduced to practice?
No
50
What was the solution proposed in the work of the Constitutional convention?
A government that operates without citizen's intervention
51
What were the objectives of the Constitutional Convention? * (EDIT: 4th objective)
To unite a proper energy in the executive and a proper stability in legislative departments with republican characteristics
To create a line of distinction between matters handled by the general government vs state government
Providing for everyone's different interests
To adjust clashing pretensions of larger small states
52
What were the 2 main options for reelection?
Long term, no possibility of reelection or short term with possible reelection
53
How did James Madison feel about a check on the states? Why? (EDIT: Clarity)
He thought it was necessary to prevent encroaching on general authority and to prevent instability and injustice in state legislation
54
In the American Constitution, where does the general authority come from?
Subordinate authority
55
Who does the Senate represent with the American Constitution?
States politically
56
Who does the other house represent with the American Constitution? (EDIT: Which house?)
The people in the states
57
Who appoints the president under the Constitution?
The Senate
58
What does the reform need to address? (Constitution)
Private rights
59
What was Madison's main criticism of a simple democracy?
Expects homogenous opinions
60
What does the distinction of property stem from?
Protection
61
What are Alexander Hamilton's main criticisms with the current government?
Excess spirit of liberty, congress not exercising power, unstable army (in composition and provisions)
62
What did Alexander Hamilton propose to solve the government's issues? Which solution did he prefer?
Give Congress the power to handle urgent public affairs, etiher by
1) restoring their original powers or
2) Calling a convention of the states to talk about issues coming from a lack of power in Congress , and give them full power to address the issues
He preferred the second one
63
How much power did Alexander Hamilton believe Congress should have?
Complete power, except with matters relating to life, property, and raising money for internal taxes which should be handled by the state
64
What did Alexander Hamilton believe Congress should have total power over?
War and peace, trade, finance, foreign affairs, armies
65
What officers did AH believe were necessary for Congress?
Secretary for foreign affairs, president of war, president of marine, financier, president of trade (preferably board)
66
Did AH believe we should have one person or a board of people for most affairs?
One person
67
Did AH believe people were biased or rational?
biased
68
What did AH believe the biggest issue with the Constitution would be?
Changes of power
69
What did AH believe was essential to secure liberty?
Vigor of the gvmt
70
Did AH believe the government should be limited in its defense measures?
No, provided you couldn't prove they were unnecessary
71
Do the states listen to Congress' unlimited demands for men, $, and governance?
No
72
What did AH believe the biggest thing was with the Constitution?
Division of power
73
Who did AH believe should pass all laws/regulations?
Anyone who had possible jurisdiction that would be affected
74
What did AH believe would happen if we rejected the Constitution?
US will be ungovernable
75
What did AH propose if US was too large for 1 general system? Did he support the idea of 1 gen gvmt?
Split into several confederacies, no
76
How did Robert Yates feel about consolidating all states into one gvmt?
It was a bad idea
77
Who did Robert Yates say the Constitution was designed for?
Now and future generations
78
What did Robert Yates say the foundation of gvmt should expressly state?
People's unalienable rights
79
How did Robert Yates feel about leaders abusing their power?
He said they were just as likely as normal people, and just as likely as people in the state of nature
80
What was Robert Yates shocked wasn't included in the Constitution? (EDIT: Check)
Limits of power
81
What did Robert Yates say about provisions for gen cases vs state cases?
Equally important
82
What does the security of Liberty look like?
No excessive/cruel bail, fines, punishment, warrants
83
How can the right to property be secured?
Trial by jury in trials respecting property
84
What about the army isn't stated in the Constitution?
That it'll have total control over soldiers and pay
85
Was there a Bill of Rights in the original Constitution?
No
86
What document guards against the abuse of powers contained/implied by Constitution?
Bill of Rights
87
State constitutions were designed to be as ___________ as possible
democratic
88
What happened to state constitutions that were out of line with the Constitution?
They were repealed
89
What was the main problem with state constitutions?
They were too wary of power and gave too little power to the gvmt
90
What did AH say the governments needed?
More power
91
What was the state government's power founded on?
The idea that more power is always bad
92
When was the Bill of Rights written?
After the Constitution
93
Who wanted the BoR?
Anti-feds
94
How did the Founding Fathers feel about gvmt limitations?
They were against them
95
How much power did AH think the gvmt should have?
A ton, possibly unlimited
96
What do bad leaders say?
Worry about those in power
97
What does the government need to handle catastrophies?
Power to do its job
98
What do the federalists say about having more government?
Could give you more freedom if it's constructed well due to better protection of rights
99
Why were AH's views counterculture?
He said we should have strong, not weak, gvmt to secure rights
100
Was Brutus a Federalist or Anti-Federalist?
Anti-Fed
101
Did Brutus support limits in the Constitution?
Yes
102
Why wouldn't putting limits in the Constitution work?
People in power want to use their power, no mater what is said (especially with popular support)
103
What should limitations come from?
Structure of gvmt (EG Congress can limit the president)
104
Why do limitations not work a lot of the time?
There's nothing to impose them and people don't want to be limited
105
What is the Constitution?
List of things you can do and general disposition towards the government
106
How did Feds vs Anti-feds feel about a standing army?
Feds wanted the option in case that came up later, anti-feds didn't
107
Why didn't the federalists want a ton of limits as to what gvmt could do?
You might need to do certain things later
108
How much will the government do to achieve the common good?
Unclear
109
Was Hamilton a federalist or anti fed?
Federalist
110
What were anti feds worried about in fed #9?
States being abolished
111
Whose ideas did Hamilton support?
Montesquieu
112
Why didn't AH believe states were at risk of being abolished?
States were part of the Confederate republic, which made them important parts of the national sovereignty
113
What did AH believe was necessary to maintain peace and liberty?
A firm union
114
What did advocates of despotism say about free government? (AH) Did they have victories?
They said it was inconsistent with the order of society, but better philosophies have had victories
115
How did AH propose "enlarging the orbit"?
Making states bigger or consolidating smaller ones
116
Why is "enlarging the orbit" a good thing?
It can prevent small groups from taking over
117
What should we use to prevent factions and keep the peace?
The confederacy
118
What about people who supported factions citing Montesquieu? What was the issue with that?
Most of the states were WAY too big for that
119
What would Montesquieu have done about the states?
Reduced their size, but not consolidate
120
Did Montesquieu oppose a union of the states? How did he say we should use a Confederate republic?
No, to extend sphere of pop government
121
What benefits did a Confederate republic have?
Internal happiness of the states and unity (benefit of a monarchy)
122
What is a Confederate republic?
Association of 2+ states into one state
123
What is a Confederacy? IMPORTANT
Authority restricted to members in their collective capacities, without reaching to the individuals of whom they are composed
124
Why was the constitution created?
To solve the biggest problems in democracy
125
Did the constitution strengthen or weaken fed gvmt?
Strengthen
126
What did James Madison think about a republican gvmt? Why?
It will only work at the national level because then it can stop the factions that have destroyed other factions
127
How do federalist look at gvmt? What are they focused on?
Realistically, here and now
128
How do feds look at democracies?
Pessimistically
129
Why are the feds looking at creating a new democracy?
Political science is helping us understand how to make it work
130
What solution is proposed to the democratic problem?
Large republic
131
What is a faction?
Any # of people with a common impulse of passion/interest who are adverse to the rights of other people
132
What kind of factions are a concern? Why?
Majority factions, minority can be voted out
133
How can you handle majority factions?
remove cause of faction (by destroying liberty necessary for it to exist or or effects (Making everyone the same)
134
Did James Madison believe the branches of government were unbiased?
No
135
What are the 2 main differences between a republic and a democracy?
Population size and who is ruling (Republic- bigger population, small group ruling)
136
What si the only real solution to handling factions?
Controlling effects
137
What did JM say was biggest source of factions?
Economic
138
How do you keep factions from taking over?
Make a greater #
139
DOES HAVING a lot of factions increase the chances of them taking over?
No, it creates a better situation for common good
