Unit 3 Flashcards

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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
Q

Who has the final say in the govt according to publius? Why?

A

The ppl bc they have the right to ammend the constitution (social contract)

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26
Q

Why does publius think the judiciary is the least dangerous branch?

A

Bc they don’t have right to sword or purse

27
Q

What are the 3 definitions of republicanism?

A
  • 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
Q

Elements of racist theory

A
  • slaves= inferior
  • bLacks = less than fully human (3/5 human)
  • labels based on skin color (whites blacks reds)
29
Q

Unalienable rights

A

The bill of rights. rights given to every citizen of the country

30
Q

Checks and balances

A

Balance of power between legislative, judicial, and executive. Limits power so no tyrants

31
Q

Definition of confederation

A

United in league, alliance or conspiracy. The a of c was a confederation bc the sovereign states joined together under one constitution

32
Q

Failures of the articles of confederation

A
  • 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
Q

Successes of the articles of confederation

A
  • land ordinance of 1785

- northwest ordinance

34
Q

What was the northwest ordinance of 1787

A

Sets up number based system for new states to join the US as full/equal partners

35
Q

What’s the land ordinance of 1785

A

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
Q

When and where was the constitutional convention

A

Philadelphia in 1787

37
Q

What’s the Great Compromise

A

In the senate each state gets equal votes and the House of Representatives has the number of representatives based on population

38
Q

Whats the NJ plan

A

Each state gets equal votes

39
Q

Whats the VA plan

A

of reps based on population

40
Q

Father of the constitution is _______

A

James madison

41
Q

In what year did the federalist and antifederalist essays first appear in NY newspapers?

A

1787

42
Q

Amendments - describe proposal and ratification process

A

2/3 of both house propose amendments to the constitution then ratified by 3/4 of the states

43
Q

According to publius what does it take for laws to work?

A

Must be penalty. Penalties can be imposed by coercion of arms(military) or coercion of magistrate (courts)

44
Q

Only ________ __________ could make a state comply. Why is this a problem in the a of c?

A

Military force. Either perpetual civil war or states ignore laws

45
Q

This sentence describes which federalist essay? “A large republic is more able to control the danger of factions than small republics”

A

Federalist 10

46
Q

In brutus oct 18 1787 why are small republics better

A
  • 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
Q

What did the constitutional convention agree on

A
  • est a republic

- powers needed to be balanced and divided

48
Q

Where are the delegated powers of congress

A

Article 1 section 8

49
Q

To lay/collect taxes for the general welfare of the US

A

Delegated power

50
Q

To borrow money on credit of the US

A

D Power

51
Q

To regulate commerce with foreign nations

A

D power

52
Q

To est rule of naturalization

A

D power

53
Q

To coin money

A

D power

54
Q

To provide punishment for counterfeiting the coin

A

D power

55
Q

To est post offices/roads

A

D powers

56
Q

To give copy rights/patents

A

d power

57
Q

To punish piracies and felonies commited on high seas and offenses against law of nations

A

D power

58
Q

To raise and support armies

A

D power

59
Q

To provide and maintain navy

A

D power

60
Q

To make rules for the government and regulation of land/naval forces

A

D power

61
Q

Right to call forth militia to execute laws of the union

A

D power

62
Q

Organizing arming and disciplining militia

A

D power

63
Q

Recite article 1 section 8 clause 18

A

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
Q

Article 6 = the supremacy clause. What is the supremacy clause

A

Any law passed by congress is the supreme law of the land