Unit One: Philosophy of the Founding
Who is the Declaration of Independence addressed to?
The world
What are the three basic powers of government?
Legislative (to make laws), executive (to execute laws), and judicial (to judge if laws have been broken)
What is the "supremacy" clause?
The clause in Article Six of the Constitution that states that the Constitution is the most supreme law in America. (Stating which article it is found in will earn 50 extra points)
What is the "equal protection" clause?
The "equal protection" clause is the clause in the 14th amendment stating that all citizens are equally protected and impacted by the laws of the state and by the 5th amendment to say all citizens are equally protected and impacted by the laws of the federal government established by Congress.
What was the name of our bus driver on the D.C. trip?
What are the rights we have by nature according to John Locke?
What are the Articles of Confederation?
The Articles of Confederation were the first form of government formed by the colonies after they first declared independence.
What is a "writ of mandamus" and why was it requested by William Marbury?
What are the basic case facts of Plessy v. Ferguson?
Homer Plessy rode in a "whites only" train car, violating Louisiana's "Separate Car Act." Plessy (and the Comité de Citoyens) appealed Plessy's conviction arguing that the "Separate Car Act" violated the equal protection clause of the 14th amendment.
What is the president's role in a bill becoming a law?
The president can either sign a bill into law or veto it (meaning that Congress needs a 2/3 majority to save the law).
What is the "separation of powers" and why is it important for a liberal society?
The separation of powers means separating the legislative, executive, and judicial powers in order to prevent on singular branch of government from becoming too powerful (thus preventing tyranny).
They were concerned that the Constitution centralized too much power in the federal government and this would lead to tyranny. The Bill of Rights protects citizens against this tyranny.
How does Chief Justice John Marshall's opinion in McCulloch v. Maryland impact the role of the "necessary and proper" clause?
What is Chief Justice Warren's argument for overturning Plessy v. Ferguson and the principle of "separate but equal" that it established?
Warren argued that to separate races implies inferiority of one race, and this becomes internalized. Thus, not all citizens are equal before the law.
What role does What role does reason and deliberation play in the founding of America's political system? What is an example of this in our founding documents?
Reason and deliberation were the cornerstones of our political regime. An example of this would be the fact that the Declaration of Independence was structured in the form of a syllogism.
Washington saw that if the people are to rule, they must be virtuous. Otherwise, if the people rule the government and they are not virtuous, so too will the government fail to be virtuous.
Madison believed that tyranny grows faster amongst smaller communities because one faction can dominate. When you have a large republic, there are so many factions that no singular one can have too much power.
What is the difference between appellate and original jurisdiction?
Original jurisdiction is when a court hears the case for the first time. Appellate jurisdiction is when a higher court reviews the decision of a lower court to see if there were errors in the application of the law (and in America, especially examining if the Constitution has been violated).
What does Justice Harlan mean when he argues that the law is color blind in his dissent to the ruling in Plessy v. Ferguson?
Harlan means that the law does not change based on the color of your skin. Rather, the law is and should be the same for all citizens.
How can a greater knowledge about the philosophy and structure of our government help us be better citizens?
What is the sacred of all property according to James Madison in his piece "On Property"?
Our intellectual and spiritual property is the most important property.
What assumptions about human nature shaped our Constitution?
The founders assumed that human beings tended to look out for their own self interest, and thus one must make a government that does not allow power to be too concentrated in one singular place.
Broadly speaking, what is Justice Brennan's approach to interpreting the Constitution?
Justice Brennan believes in a living Constitution meaning that we should reinterpret the Constitution based on the contemporary moment.
What role does the founding principles of America play in King's speech?
King looks to the principles outlined in the Declaration of Independence which establish equality of people on earth to be the goal America is moving towards. He sees the Civil Rights Movement as a fulfillment of America's vision of government.
What two states border Washington D.C.?
Maryland and Virginia