Foundations Democracy
Explain the concept of checks and balances and how it is plays out in the structure of our government.
3 Branches of government check each other but are seperate
Legislative branch is divided
Direct election of House Members
The 3/5ths compromise led to the creation of what election institution?
Electoral College
Explain Federalism
Federalism is the division of power between the National and State governments.
Name at least 2 major concepts laid out in the Declaration of Independence
Social Contract
Natural Rights
Pursuit of Life, Liberty and Happiness
Right to Revolution
Problems with the Crown
Describe McCulloch v. Maryland
The Supreme Court ruled in favor of McCulloch, unanimously holding that Congress had the power to create a national bank and that Maryland could not tax it.
Established that Congress has implied powers under the Necessary and Proper Clause of the Constitution.
The Debate between Federalists and Anti Federalists was about what topic?
Size and Power of Federal Government
Voting eligibility and elections are left to who?
The states
Explain the necessary and proper clause.
Gives congress the power to enact laws as needed to enforce the constitution and carry out its powers given in the constitution.
Implied Powers
What were some of the problems of the Articles of Confederation?
Federal Government could not tax
No executive branch
Hard to amend
Weak Central Government
Couldn't regulate trade
Describe Marbury v. Madison
Establish Judicial review, the courts have the power to review the actions of the other two branches of government and declare laws unconstitutional if they violate the Constitution.
What is the social contract as Locke describes it?
An agreement between the federal government and citizens in which the government promises to protect individual rights and liberty.
Or Natural Rights
Explain how the electoral college works.
States award electors based on who wins usually winner take all votes.
Representation is based on population plus 2 senators.
The interstate commerce clause does what?
It gives congress the right to regulate trade and commerce between the states and has greatly expanded congressional power.
Explain one of the arguments of Brutus 1
Brutus argues that the federal government would have too much power, especially over the states.
Brutus argues that it's impossible to accurately represent the people in a large society.
Brutus argues that a republican form of government is not well suited to a large country.
Explain Brown v Board of Education
The ruling overturned the "separate but equal" doctrine established in the 1896 case Plessy v. Ferguson. The ruling did not specify how to end segregation, but in 1955 the court ruled in Brown II that states must desegregate "with all deliberate speed".
Explain popular sovereighnty
Governments derive thier power from the consent of the governed.
What are some ways interest groups influence the political process?
Give money to campaigns
Lobby
File Lawsuits
Inform politicians on specific issues
What part of the Constitution was of most concern in Brutus 1?
Supremacy Clause
What is James Madison's Argument in Federalist 10?
In The Federalist 10, James Madison argued that the new constitution would help control faction by creating a large republic, the new constitution made it less likely that a faction could gain enough power to completely dominate.
What was the basis for the Supreme Court Decision in Brown v. Board of Education?
14th Amendment
Equal Protection
Explain the difference between dual and cooperative federalism.
Dual or Layer Cake - The national government and state governments have distinct areas of power
Cooperative or Marble Cake - The national government and state governments work together in the public interest.
What are Amicus Curiae briefs used for?
Used by special interest groups to lobby the Courts
What was the great compromise?
The compromise created a bicameral legislature, meaning Congress would have two chambers, the house and the senate.
Explain the main argument of Federalist 51
Federalist No. 51 addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government.
Describe Gideon v. Wainwright
The Supreme Court ruled unanimously in favor of Gideon, holding that the right to legal counsel is a fundamental right that applies to all criminal defendants. The court also ruled that states must provide defense lawyers to those who cannot afford them.