Declaration of Independence and the Articles of Confederation
According to the Declaration of Independence, what natural rights were specifically mentioned? What were these based on?
Life, liberty and the pursuit of happiness.
John Locke's "life, liberty and property"
--Inalienable rights--endowed by their creator
--All men are created equal
--Protecting these rights is the purpose of government.
--Limited government
What part of the Constitution supports the idea of popular sovereignty?
"We the People"
We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America
It argues that the government rarely gives power back to ___________ once it has been relinquished.
Citizens
What did Federalist 10 state was inevitable in a democracy?
Factions
What is the focus of Federalist 70? (one word) What is an adjective used to best describe the topic of Federalist 70? (one word)
Executive
Energetic
Equates strong executive with good government. A weak executive will lead to a bad form of government.
If the government failed to act on the behalf of the people, the people have the right and duty to do what?
"Alter or abolish" the government.
John Locke's influence--Consent governed and Social Contract Theory
This clause requires that state courts respect the judgments of courts from other states.
Full faith and credit clause
(Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.) DOMA
It warns that ____________ will take away powers from state courts and destroy liberty.
Federal courts
According to Federalist 10, it is not possible to control the _______ of factions, so you must control its _________.
Causes and effects
In Federalist 70, Hamilton was specifically refuting what type of executive preferred by the Antifederalists?
Executive council or plural executive
(It's necessary for the President to act quickly and decisively to respond to crises. A single president makes executive more accountable i.e. no finger pointing)
Describe the branches of government under the Articles of Confederation?
One branch--Congress
Unicameral legislature
This clause in the Constitution protects fundamental rights of individual citizens and restrains state efforts to discriminate against out-of-state citizens
Privileges and Immunities Clause (both for commercial activity and fundamental rights)
Article IV citizens of each state of the U.S. shall be entitled to all the privileges and immunities of citizens of the other states
Amendment XIV to the U.S. Constitution stating that no state shall make or enforce any law that abridges the privileges or immunities of the citizens of the U.S.
What is used by "despotic governments" and will cause tyranny?
Standing armies
According to Federalist 10, what is the solution to controlling factions?
A large Republic
According to Federalist 78, the judicial branch is the least dangerous branch because it does not have power over?
The sword or the purse
"It may truly be said to have neither FORCE nor WILL, but merely judgment; and must ultimately depend upon the aid of the executive arm even for the efficacy of its judgments."
How many votes did each state get under that Articles of Confederation?
One vote each
Who would have a problem with that?
How many Constitutional amendments were proposed by Congress?
All 27 amendments.
Option 1: Proposed by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate. Must be ratified by three-fourths of the states.
Option 2: Proposed by a constitutional convention called for by two-thirds of the State legislatures. Ratified by three-fourths of the states.
Contrary to Federalists' arguments, this will not protect democracy.
A large republic
According to Federalist 51, these three ways of dividing power prevent power from becoming too centralized.
Power divided by:
1.three branches of government (with little control over one another)
2. national & state government
3. House and Senate are divided & elected in different ways
According to Federalist 78, federal judges should have lifetime tenure based on___________.
Good behavior
(Why is this necessary?)
In what ways was the national government weak under the Articles of Confederation as it related to money and the military?
Congress could not tax citizens and had no power to raise an army.
What part of the Constitution offers a constitutional safety net, intended to make it clear that Americans have other fundamental rights beyond those listed in the Bill of Rights?
The Ninth Amendment
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
What two clauses of the Constitution were singled out because they gave the national government too much power?
The necessary and proper clause and the supremacy clause.
According to Federalist 51, the government must be powerful enough to control the people, but also to control itself. How does the Constitution allow for the government to control itself?
Checks and balances
What early landmark Supreme Court case did Hamilton set the stage for in Federalist 78?
Marbury v. Madison
"No legislative act, therefore, contrary to the Constitution, can be valid. To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid."