Popular Soverignty
What would Dallin H. Oaks say about factions (Madison Federalist #10)?
"Sovereign power in the people does not mean that mobs or other groups of people can intervene to intimidate or force government action." He would disapprove of them.
Practice Test #7
On a day-to-day basis, which level of government do most Americans interact with?
A. Local
In your own words, what is/are Checks + Balances?
Refers to the separation of power to prevent one branch: legislative, executive, or judicial from wielding too much power.
Give an example of Negative Liberty
No one stops you from doing it.
What are the five elements of the Rule of Law?
1. Generality
2. Prospectivity
3. Publicity
4. Due Process
5. Consent
In Locke: Second Treatise of Government, Locke made 5 main claims, one of which was "Power comes from the consent of the governed." What are the other 4 main points?
(Try to get at least 2 of them.)
In a state of nature, there is no government.
People join together to create a social contract.
The government protects natural rights (life, liberty, property).
Power comes from consent.
If the government does not protect property, people have a right to delegate freedom.
What did the Federalists advocate for? Anti-Federalists? What were their views on National versus Federal power?
Federalists wrote and advocated for the Constitution. They believed that there needed to be an increase in centralized national power.
Anti-Federalists are against the Constitution and centralized power.
In what reading, did James Madison establish what we know today as "Checks + Balances?"
Federalist 51
5eperate 1nstitutions
Would Robert Pippin favor negative or positive liberty?
Positive
What is the Rule of Law in your own words? Do you value the Rule of Law? What are President Dallin H. Oaks' insights?
In Ronald Barney: from Joseph Smith Goes to Washington, where did the sovereignty lie? Was this a problem? Why?
The sovereignty rested in the moreso states (before the 14th amendment). This was a problem for the Saints because Missouri's government had an oppressive majority over the Saints.
What happened to federalism with the establishment of the Administrative State?
Did the 14th Amendment give more power to federal or state governments? Why?
Federal.
It gave the Federal government power to check on the states. (Think about the Joseph Smith story)
Sec. 1: All citizens have rights
Sec. 2: Removes the 3/5ths clause
Sec. 3: Confederate officers can’t hold office again
Sec. 4: Clarifies war debt
Sec. 5: Enumerated power to enforce the amendment
Practice Test #12
How should we compare the women’s era of the early twentieth century to feminism of the 1960s and 1970s?
A.
The women's era used a positive liberty framework to argue for laws that improved society's overall chastity and sobriety. At times, 1960s and 1970s feminists made negative liberty arguments to erase cultural expectations that women should remain in the home.
Which element of the Rule of Law was most violated by Jim Crow laws in the 1960s?
Generality. The law was targeted specifically to African Americans. The law did not apply to all.
How would Benedict Anderson argue for the importance of Popular sovereignty?
He would say that nations are able to be sovereign through the democratic efforts of the people. Government is defined by the people; therefore, imagined communities are possible.
Practice Test #1
How does James Madison's idea for the Constitution (as explained with his large republic theory) split the difference between John Adams' and Thomas Jefferson's concerns for the new federal government?
A.
Madison hoped the new Constitution would eventually allow the best ideas and the best people to ascend to the federal government (much as Adams hoped). But his solution largely came from relying more broadly on the American people through expanding the scope of the republic (as Jefferson would have preferred).
What article of the Constitution establishes the powers of the states?
Article 4
1. Legislative
2. Executive
3. Judicial
4. States
5. Amendments
6. Supremacy
7. Ratification
Practice Test #2
Franklin Roosevelt argued that Americans (and, by extension, the world) should enjoy a "freedom from want?" Is this freedom a positive or a negative liberty?
C.
It is a positive liberty in that it assumes that the state has a role to play in ensuring a particular kind of life for each person; however, Roosevelt articulated this freedom as if it were a negative liberty (as a freedom "from" something).
Practice Test #4
Which of the following is a fair summary of the advantages and disadvantages of non-violent protest? - do something about generality
C.
By seizing the moral high ground, it ultimately shifted the conscience of moderate whites to support Civil Rights. Unfortunately, it proved difficult to sustain in the face of violent racism.
Define little "l" liberalism. How is it different from capital "L"?
John Locke philosophy
Rights of the individual, liberty, consent of the governed, political equality, right to private property, and equality before the law
If you get confused, think back to the Second Treatise of Gov.
Capital "L" Liberalism redefines "liberalism" to fit FDR's ideologies at the time of his "Annual Message to Congress."
Trump Conservatives
Explain the "skimming principle"
As discussed in Akhil Amar's "Bill of Rights," in a large republic a slimmer layer of cream (the rich and educated) is where the representation of the people is derived from. Whereas, with a smaller republic, more cream (more regular citizens) are scooped up from the population to represent the people.
Practice Test #14
Which of the following is the fairest summary of the difference between Milton Friedman and Michael Sandel?
A.
The disagree on how much agency an individual has. Friedman thinks people have a great deal of agency and therefore deserve the fruits on their good choices (or consequences of bad choices). Sandel, by contrast, sees us as the product of forces beyond our control. We should therefore face fewer consequences for our bad choices and derive fewer benefits from our good choices.
In lecture, Dr. Madsen discussed formal equality and substantive equality. According to Friedman's claims, which type of equality remains consistent with the Rule of Law principle of "generality?"
Formal equality