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Unit 3 Flashcards

1
Q

Fed and anti-fed essays were ________ essays

A

Persuasive

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2
Q

Difference between federalists and antifederalists?

A

Federally agreed with the new constitution of 1787 and antifederalists disagreed with the new constitution

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3
Q

What did antifederalists and federalists agree on?

A

The articles of confederation were a failure

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4
Q

Antifederalists feared tyranny from ________

A

Too powerful central government

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5
Q

Federalists feared tyranny from ______

A

Tyrannical majority factions

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6
Q

The pen name of federalists

A

Publius

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7
Q

The pen name antifederalists

A

Brutus

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8
Q

Why was a new constitution needed according to publius

A

The new constitution was the remedy to the flaws of the A of C. The constitution would est a social contract with the ppl and the federal govt instead of the states and the fed govt(a of c)

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9
Q

How does the constitution fix the errors of the articles of confederation ? Where?

A

Est social contract with the ppl and the federal government. Located in the preamble first 3 words “we the people”

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10
Q

In the constitution what theory of govt is est?

A

Large republic

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11
Q

Why must the government apply to the ppl? The

A

A penalty for disobedience is needee. The general authority is confined to collective bodies. Every violation must involve state of war. The states ignored the rules which would mean war however the a of c didn’t have the capacity to start wars and enlist soldiers. Would have been perpetual civil war anyway

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12
Q

Who loses power in constitution of 1787? Gains power?

A

The states lose power(reserved power) and congress gained power(delegated powers)

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13
Q

What three specific parts in the constitution terrify brutus?

A
  • article 1 section 8 clause 1( vagueness of the phrase ‘general welfare’)
  • article 1 section 8 clause 18
  • article 6
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14
Q

Most important governmental power to publius?

A

Power to tax

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15
Q

Publius wanted more power to the ________

A

central government

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16
Q

Brutus wanted more power to the _________

A

States

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17
Q

How does publius think the new constitution will protect the minority from TMFs?

A

Bc it’s a large republic with great geographical diversity so it’s less likely for TMFs to form

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18
Q

What is a faction

A

a number of citizens that are united by some common impulse of passion, interests, rights of others, or permanent interests of the community

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19
Q

When to factions become dangerous?

A

When they become tyrannical

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20
Q

What branches could potentially be controlled by TMFs? Why?

A

Executive and legislative bc they are elected by majority vote

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21
Q

Can factions be eliminated?

A

Not really bc the ppl have the right to speech and to join together based on common interests. Taking that away from the ppl is a violation of their rights(tyranny) and it would cause anger. Not worth the trouble. They can be controlled

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22
Q

Which branch of govt does brutus fear the most? Why?

A

Judicial bc ‘nobody is above the judiciary and they weild too much power’ the judiciary will side with the central government instead of the states.

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23
Q

according to publius why must judges be appointed for life?

A

To be able to protect the rights of the minority from a TMF

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24
Q

Why must the courts have power over equity?

A

Fundamental law= constitution (social contract)
Statutory law= any law
The courts interpret statutory laws to make sure they don’t violate fundamental law

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25
Who has the final say in the govt according to publius? Why?
The ppl bc they have the right to ammend the constitution (social contract)
26
Why does publius think the judiciary is the least dangerous branch?
Bc they don't have right to sword or purse
27
What are the 3 definitions of republicanism?
- republic could only succeed if small in size and homogeneous in population. Sacrifices individual for good of the whole - emphasize pursuit of self interest only can succeed if aggressive economic expansion - egalitarian and democratic and called for widening man's participation in political processes. Wanted govt to directly respond to needs of ordinary ppl
28
Elements of racist theory
- slaves= inferior - bLacks = less than fully human (3/5 human) - labels based on skin color (whites blacks reds)
29
Unalienable rights
The bill of rights. rights given to every citizen of the country
30
Checks and balances
Balance of power between legislative, judicial, and executive. Limits power so no tyrants
31
Definition of confederation
United in league, alliance or conspiracy. The a of c was a confederation bc the sovereign states joined together under one constitution
32
Failures of the articles of confederation
- can't collect taxes but could impose taxes - can't actually gain soldiers for military - couldn't enforce treaty of paris 1783 - states taxing each other like foreign nations
33
Successes of the articles of confederation
- land ordinance of 1785 | - northwest ordinance
34
What was the northwest ordinance of 1787
Sets up number based system for new states to join the US as full/equal partners
35
What's the land ordinance of 1785
A system to survey lands west of Appalachians into sections/townships. Took 6 mi by 6mi sections and divided them into 36 one sq mi sections. Profits from sale of 1 section went public education
36
When and where was the constitutional convention
Philadelphia in 1787
37
What's the Great Compromise
In the senate each state gets equal votes and the House of Representatives has the number of representatives based on population
38
Whats the NJ plan
Each state gets equal votes
39
Whats the VA plan
of reps based on population
40
Father of the constitution is _______
James madison
41
In what year did the federalist and antifederalist essays first appear in NY newspapers?
1787
42
Amendments - describe proposal and ratification process
2/3 of both house propose amendments to the constitution then ratified by 3/4 of the states
43
According to publius what does it take for laws to work?
Must be penalty. Penalties can be imposed by coercion of arms(military) or coercion of magistrate (courts)
44
Only ________ __________ could make a state comply. Why is this a problem in the a of c?
Military force. Either perpetual civil war or states ignore laws
45
This sentence describes which federalist essay? "A large republic is more able to control the danger of factions than small republics"
Federalist 10
46
In brutus oct 18 1787 why are small republics better
- ppl know representatives better - ppl trust the government. No need for standing army to enforce laws - history 'Proves' that large republics become tyrannical(rome greece)
47
What did the constitutional convention agree on
- est a republic | - powers needed to be balanced and divided
48
Where are the delegated powers of congress
Article 1 section 8
49
To lay/collect taxes for the general welfare of the US
Delegated power
50
To borrow money on credit of the US
D Power
51
To regulate commerce with foreign nations
D power
52
To est rule of naturalization
D power
53
To coin money
D power
54
To provide punishment for counterfeiting the coin
D power
55
To est post offices/roads
D powers
56
To give copy rights/patents
d power
57
To punish piracies and felonies commited on high seas and offenses against law of nations
D power
58
To raise and support armies
D power
59
To provide and maintain navy
D power
60
To make rules for the government and regulation of land/naval forces
D power
61
Right to call forth militia to execute laws of the union
D power
62
Organizing arming and disciplining militia
D power
63
Recite article 1 section 8 clause 18
to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the united states or in any department or officer thereof
64
Article 6 = the supremacy clause. What is the supremacy clause
Any law passed by congress is the supreme law of the land

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