Term
Who invented the following?
bifocals
lightening rod
first fire department
first fire insurance company
daylight savings
glass armonica
odometer
catheter |
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Definition
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Term
He created the Federalist #10 as well as Principle architect of the U.S. Constitution,
Compiler of the
Bill of Rights,
&
Fourth President
of the
United States |
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Definition
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Term
| What was the The main goal of a Constitution? |
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Definition
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Term
| What was the main problem with the Constitution? |
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Definition
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Term
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Definition
| A small, organized, dissenting group within a larger one, esp. in politics. |
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Term
| Name the 2 ways to deal with factions. |
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Definition
I. Remove the causes – this would entail either………Wha
[A] eliminating the conditions that make factions possible. What makes liberty possible? “Liberty is to faction what air is to fire…” The cure would be worse than the illness. OR…
[B] give everyone the same passions and interests. How can we do this? What would it take? Madison concludes that this is “impracticable,” but why? BC we need to protect these differences.
II.
Control the effects – “If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote.” |
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Term
| Define The Madisonian Game of Politics |
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Definition
-To the extent that there is any cooperation, it will be based on shared interests.
-Given this sort of struggle, there is not much room for moral considerations. “Realistic” politics assumes a pursuit of material rewards.
-If politics is a struggle for material rewards, it make sense to be engaged only if there is a “pay-off” involved.
-What are the results of this game? A good deal of noise and conflict, lots of energy expended, but marginal change, stalemate, or the status quo is maintained.
Who gets to play? Whoever accepts the rules of the game; those who will play for wealth & power. This excluded women, slaves; groups were admitted as they agreed to abide by the rules. |
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Term
| In Federalism, among who is power and authority divided? |
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Definition
Power & authority are divided between a central government & subdivisions (as opposed to a unitary system)
The Constitution assigns to each level its powers (in Canada, powers not given to the provinces are reserved to the central government; in the U.S. it is the opposite)
National supremacy clause (Art. VI) |
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Term
| What does the National Supremacy Clause state? |
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Definition
| Article VI, Clause 2 of the United States Constitution, known as Supremacy of National Law , establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. |
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Term
| Describe National v Compact theory |
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Definition
| Compact theory-Regarding the Constitution of the United States, the compact theory holds that the nation was formed through a compact agreed upon by all the states, and that the federal government is consequently a creation of the states. Consequently, states should be the final arbiters over whether the federal government had overstepped the limits of its authority as set forth in the compact. Leading proponents of this view of the U.S. Constitution primarily originated from Virginia and other southern states. Notable proponents of the theory include Thomas Jefferson, James Madison, St. George Tucker, John Taylor of Caroline, and Abel P. Upshur. National Theory- Gov't Controls the states. |
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Term
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Definition
| Dual Federalism: equal sovereigns, supreme over their own spheres (Barron v. Baltimore, Roger Taney) |
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Term
| Federalism: How are powers divided or shared? |
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Definition
-Enumerated (delegated) powers: powers expressly assigned to the national government (Art. I, Sec.8)
-Implied powers: powers connected inferentially to the enumerated powers (Art. I, Sec.8, Cl.18, McCulloch v. Maryland)
-Reserved powers: powers traditionally exercised by the states, affecting the health, safety, welfare, or morals of the citizens, including regulating intrastate commerce (Amendment 10, “police powers”)
-Concurrent Powers: are powers exercised simultaneously by both levels of government (taxing, spending, borrowing, operating courts, running elections, etc.) |
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Term
| Define Checks and Balances. |
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Definition
Each basic function has been assigned to a different department, or branch, of government.
These are “separated institutions sharing powers.”
Forced to be mutually dependent, to cooperate with each other |
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Term
| What about the doctrine of non-delegation of legislative powers? |
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Definition
| The Court has allowed Congress wide latitude to delegate responsibility, as when it gives bureaucratic agencies the power to impose rules or administrative laws. |
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Term
| What is the “idea” behind a constitution? |
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Definition
Protection against arbitrary government power
Rule of law, gov’t under law
Fundamental law
Supreme law
Social contract, consent |
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Term
| What Documents influenced the forming of the Constitution? |
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Definition
-The Magna Carta
-Mayflower Compact: 11-11-1620
Separatists (Pilgrims) - Plymouth to Cape Cod - 101 on board, 41 signers
Rule & submission, obedience
Political authority & political obligation |
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Term
| What Revolutionary ideas were incorporated into the constitution? |
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Definition
-Reducing or abolishing property qualifications for suffrage.
-requiring annual elections.
-limiting terms of office
-adding a Bill of Rights |
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Term
| What did the Revolutionary State Constitutions take away to prevent the government from encroaching on the liberty of the people? |
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Definition
| Revolutionary State Constitutions took away most of the traditional power of the executive and gave it to the legislature. |
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Term
| What Big Principles are located in the Constitution? |
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Definition
-Checks and Balances
-Bicameralism
-Separation of Powers
-Federalism
-Republican Government |
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Term
| True or False: the terms, Federalism and Checks and Balances are mentioned in the constitution. |
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Definition
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Term
| Which Amendments relates the closest to Federalism? |
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Definition
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Term
| Article 1 Section 1 delegates what? |
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Definition
| Delegates power to the legislature |
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Term
| What articles in the US Constitution show the Division of powers? |
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Definition
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Term
| Define the provisions located in Article I |
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Definition
| Article One of the United States Constitution describes the powers of Congress, the legislative branch of the federal government. The Article establishes the powers of and limitations on the Congress, consisting of a House of Representatives composed of Representatives, with each state gaining or losing representation in proportion to its population, and a Senate, composed of two Senators from each state. The article details the manner of election and qualifications of members of each House. It outlines legislative procedure and enumerates the powers vested in the legislative branch. Finally, it establishes limits on the powers of both Congress and the states. |
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Term
| Define the Provisions located in Article II. |
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Definition
1.1 Clause 1: Executive power
1.2 Clause 2: Method of choosing electors
1.3 Clause 3: Electors
1.4 Clause 4: Election day
1.5 Clause 5: Qualifications for office
1.6 Clause 6: Vacancy and disability
1.7 Clause 7: Salary
1.8 Clause 8: Oath or affirmation
2 Section 2: Presidential powers
2.1 Clause 1: Command of military; Opinions of cabinet secretaries; Pardons
2.2 Clause 2: Advice and Consent Clause
2.2.1 Treaties
2.2.2 Appointments
2.3 Clause 3: Recess appointments
3 Section 3: Presidential responsibilities
3.1 Clause 1: State of the Union
3.2 Clause 2: Calling Congress into extraordinary session; adjourning Congress
3.3 Clause 3: Receiving foreign representatives
3.4 Clause 4: Caring for the faithful execution of the law
3.5 Clause 5: Officers' commissions
4 Section 4: Impeachment |
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Term
| Define the Provisions located in Article III. |
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Definition
Article Three of the United States Constitution establishes the judicial branch of the federal government. The judicial branch comprises the Supreme Court of the United States and lower courts as created by Congress.
1 Section 1: Federal courts
1.1 Number of courts
1.2 Tenure
1.3 Salaries
2 Section 2: Judicial power, jurisdiction, and trial by jury
2.1 Powers
2.2 Eleventh Amendment and state sovereign immunity
2.3 Cases and controversies
2.4 Original and appellate jurisdiction
2.5 Judicial review
2.6 Trial by jury
3 Section 3: Treason |
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Term
| What Structural features are located in the Constitution? |
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Definition
7- articles
Sections
Clauses
27 Amendments |
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Term
| Define the Necessary and Proper Clause |
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Definition
| Aka the Elastic clause, this clause states that, The Congress shall have Power - 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 there of. |
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Term
| Define the Supremacy Clause. |
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Definition
| Article VI, Clause 2 of the United States Constitution, known as Supremacy of National Law , establishes the U.S. Constitution, U.S. Treaties, and Federal Statutes as "the supreme law of the land." The text decrees these to be the highest form of law in the U.S. legal system, and mandates that all state judges must follow federal law when a conflict arises between federal law and either the state constitution or state law of any state. |
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Term
| What does Article VII Amendment 1 establish? |
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Definition
| NO Establishment of religion or prohibiting free exercise of. |
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Term
| What does Article VII Amendment IV establish? |
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Definition
| protects individuals against unreasonable search and seizures. |
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Term
| What does Article VII Amendment X establish? |
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Definition
| Establishes that the powers no delgated to the US by the Constitution, nor prohibited by the states, are reserved to the states, or the people. |
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Term
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Definition
| Protects the freedom of religion, speech, and the press, as well as the right to assemble and petition the government |
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Term
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Definition
| Protects the right to bear arms |
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Term
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Definition
| Prohibits the forced quartering of soldiers out of war time |
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Term
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Definition
| Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause |
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Term
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Definition
| Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy |
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Term
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Definition
| Protects the right to have a fair and speedy public trial by jury, including the rights to be notified of the accusations, to confront the accuser, to obtain witnesses and to retain counsel |
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Term
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Definition
| Provides for the right to trial by jury in certain civil cases, according to common law |
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Term
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Definition
| Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment |
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Term
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Definition
| Asserts the existence of unenumerated rights retained by the people |
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Term
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Definition
| Limits the powers of the federal government to those delegated to it by the Constitution |
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Term
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Definition
| Immunity of states from suits from out-of-state citizens and foreigners not living within the state borders. Lays the foundation for sovereign immunity |
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Term
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Definition
| Est. the use of the Electoral College |
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Term
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Definition
| Abolishes slavery and involuntary servitude, except as punishment for a crime |
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Term
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Definition
| (Incorporation) Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues |
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Term
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Definition
| Prohibits the denial of suffrage based on race, color, or previous condition of servitude |
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Term
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Definition
| Allows the federal government to collect income tax |
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Term
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Definition
| Establishes the direct election of United States Senators by popular vote |
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Term
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Definition
| Establishes Prohibition of alcohol (Repealed by Twenty-first Amendment) |
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Term
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Definition
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Term
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Definition
| Fixes the dates of term commencements for Congress (January 3) and the President (January 20); known as the "lame duck amendment" |
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Term
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Definition
| Repeals the 18th Amendment |
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Term
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Definition
| Limits the president to two terms, or a maximum of 10 years (i.e., if a Vice President serves not more than one half of a President's term, he or she can be elected to a further two terms) |
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Term
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Definition
| Provides for representation of Washington, D.C. in the Electoral College |
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Term
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Definition
| Prohibits the revocation of voting rights due to the non-payment of poll taxes |
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Term
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Definition
| Codifies the Tyler Precedent; defines the process of presidential succession |
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Term
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Definition
| Establishes the official voting age to be 18 years old |
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Term
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Definition
| Prevents laws affecting Congressional salary from taking effect until the beginning of the next session of Congress |
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Term
| What does Madison mean by a Republic? |
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Definition
| a government in which the scheme of representation takes place, opens a different prospect and promises the cure for which we are seeking. |
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Term
| What does Madison implicate as the differences between a Democracy and a Republic? |
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Definition
Republic
1- delegation of government to small number if citizens elected by the rest.
2-A greater number of citizens and extent of territory which may be brought within the compass of Republican, that renders factious combinations. Using a larger number of parties and groups increases the number of factions which in turn makes sure that a overwhelming majority will not encroach on the rights of the minority.
3- Republic is better at controlling the effects of factions than the Democratic form . |
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Term
| True or false ....Federalist 51: says that checks and balances are crucial in maintaining the preservation of liberty. |
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Definition
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Term
| Federalist 51 says that there are two considerations that are applicable to the federal system...describe these |
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Definition
1st: In a single republic, all the power surrendered by the people, is submitted to the administration of a single gov't.
2nd: It is important to guard the society against the oppression of its rulers. |
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Term
| Federalist 51 says that there are 2 ways to protect against the majority overwhelming the minority...Name these two |
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Definition
1-Creating a will in the community that is independent of the majority.
2- All authority will be derived from and dependent on the society, the society itself will be broken into many parts, interests and classes of citizens, that the rights of individuals or of the minority, will be in little danger from interested combinations of the majority. |
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Term
| Who Drafted the Virginia Plan? |
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Definition
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Term
| Explain the representation Components of the New Jersey Plan. |
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Definition
| The New Jersey Plan proposed a one-house legislature in which each state would have one vote. |
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Term
| Explain the representation components of the Virginia Plan |
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Definition
| The Virginia Plan provided for a two house legislature with the authority to legislate in cases where the separate states would be incompetent. Furthermore, this plan also gave legislature the power to cancel state laws that it deemed unconstitutional. The houses would have proportional representation. |
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Term
| What did the Final Constitution consist of, in comparison to the Virginia and New Jersey Plans. |
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Definition
| The final version of the constitution consisted of basic features found in the Virginia plan with two important exceptions...being that the constitution provided for the forbade of states' actions of coining money and enacting laws that relieved debitors of their contracts. Also, the Constiution provided for local elections, equal in number to the representatives and senators from each states . |
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Term
| What was a major compromise in the Constitution? |
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Definition
| The issue of slavery....the Constitution protects the rights of slave holders, as well as counting 3/5 of slaves as a population for representation measures, and finally the fugitive slave law. |
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Term
| True or False: The Anti-Federalist in condemning the constitution defended the values of civic humanism. |
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Definition
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Term
| What was the view of the state from a civic humanist prospective? |
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Definition
| The state was a cohesive organic entity with a single homogeneous interest. |
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Term
| Though anti-federalist did agree with some civic humanist ideas, what aspects did the anti-federalist oppose? |
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Definition
| The Anti-federalist questioned the foundation of the civic humanist ideas, they questioned the denying of elites to represent the common people, as well as the ideal of a community united in common interest. Bc if everyone shared the ideals of the community it would produce representation by a few. |
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Term
| What did anti-federalist base their opposition of the constitution on? |
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Definition
| democratic ideas and equality. Anti-federalist thought that it was essential for the people to directly participate in government to ensure the protection of liberty. |
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Term
| What literary work did the Federalist defend themselves from the Anti-federalist? |
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Definition
| The Federalist, consisting of 85 essays full of propaganda efforts for the ratification of the constitution. |
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Term
| What Important underlining themes are found in the Constitution? |
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Definition
1-the Constitution was meant to restore and to prolong the traditional kind of elitist influence in politics that had been undermined since the Revolution.
2- The Federalist structured the Constitution to severely constrain popular participation, justifying it with the idea of protection liberty. (wood's analysis).
3- Wood demonstrated that the constitution represented a new way of looking at politics. |
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Term
| What did Hamilton's Political thought center around? |
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Definition
| a powerful government that is ruled by elite |
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Term
| What changing ideas in terms of the Republican motherhood emerged after the Revolution? |
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Definition
Mothers gained a new political role, in that they were to educate their sons to be moral and virtuous individuals, that would would become future future citizens that had public virtue, this was important bc it was detrimental to the survival of a healthy republic.
*The Education of girls was now added into the mix. -this ideas spawned from the idea that educated women were more like to successfully educate their sons. |
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Term
| Which northern state was the last to abolish slavery? |
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Definition
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