Founding Documents
This document, adopted in 1776, argues that government derive their power from the consent of the governed.
What is the Declaration of Independence?
The Founding Father wrote both Federalist No. 10 and No. 51.
Who is James Madison?
Brutus I was written to argue against this.
What is ratification (of the constitution)?
This principle is reflected in the opening words of the Constitution, "We the People".
What is popular sovereignty?
This 1803 case established the Supreme Court's power of judicial review.
What is Marbury v. Madison?
Under the Articles of Confederation, Congress could request funds from the states but had no power to do this.
What is compel / force payment (levy direct taxes)?
In Federalist 10, Madison defines this as a group united by a common interest adverse to the rights of others or the community.
What is a faction?
Brutus I argued that a republic this large would make it hard for representatives to truly know the people they represent.
What is large / extended republic ?
This principle means political power is exercised indirectly through elected representatives through elected representatives rather than direct votes on every law.
This 1819 case established that congress has implied powers under the necessary and proper clause.
What is McCulloch v. Maryland
This 1787 compromise created a bicameral legislature with representation based on population in one house and equal representation in the other.
What is the Great Compromise?
According to Federalist 10, this type of republic best controls the negative effects of factions.
What is a large (extended) republic?
Brutus I argued that a republic this large would make it hard for representatives to truly know the people they represent.
What is a standing army?
This principle divides power between a national government and state governments.
What is federalism?
In this 1995 case, the Court ruled congress exceeded its commerce clause power by regulating guns near schools.
What is United States v. Lopez
Under the Articles of Confederation, amending the document required this level of state approval.
What is unanimous consent of all 13 states ?
This famous phrase from Federalist 51 describes how each branch is given the means to check the others.
What is "ambition must be made to counteract ambition"?
This clause worried Brutus because it could let Congress expand its power fr beyond what was explicitly listed.
What is the necessary and proper (elastic) clause ?
This principle assigns lawmaking, enforcement, and interpretation to three distinct branches.
What is seperation of powers?
In McCulloch v. Maryland, the Court ruled a state cannot do this to a legitimate federal institution, summed up as "the power to ________ involves the power to destroy."
What is tax
This philosophical theory, reflected in the Declaration, holds that people agree to for government in exchange for protection of their natural rights
What is social contract theory?
Federalist 51 describes a "double security" for the rights of the people coming from these two layers of divided power.
What are federalism (national / state) and seperation of powers (among branches)?
This is the central disagreement between Federalist 10 and Brutus I about what best protects liberty.
What is the ideal size of republic (Large vs. Small)?
This principle is summed up "ambition must counteract ambition", each branch has tools to limit others.
What is checks and balances?
This case marked the first time in nearly 60 years the Supreme Court limited Congress's power under the commerce clause.
What is United States v. Lopez?