Foundational Documents & SC Cases
According to James Madison in Federalist 10, the best way to control factions is through what?
A large republic
Why did the founders decide to write a new constitution, as opposed to amending the Articles of Confederation?
All 13 states would've had to agree to amend the Articles (never would have happened)
Power is split between the national and state governments
Under the Articles of Confederation, each state got how many votes in Congress?
1 vote per state
What clause in the Constitution justifies the branches having “implied powers”?
Necessary and Proper Clause
What is the constitutional clause cited in the landmark supreme court case United States v. Lopez?
Commerce Clause
What compromise was made on the issue of slavery? Explain the compromise.
What does the Tenth Amendment say?
Anything not listed in the Constitution for the Federal Gov will be left up to the states to decide
List the weaknesses of the Articles of Confederation (there are several, list at least 2)
Central government too weak, every state only had 1 vote in Congress no matter the size of the state, no power to tax, no executive/judiciary
In what article of the Constitution can the Supremacy Clause be found and what does the Supremacy Clause say?
Article VI (6): The Federal Gov is supreme over the state governments
What is said in Federalist 51?
To keep the federal government in check, a system of separation of powers and check and balances is necessary
What does it mean for the US Congress to be "bicameral"?
Has 2 parts/chambers (House of Representatives & Senate)
What is a federal mandate? Give an example of one.
Federal Mandate = When the Fed gov requires states to do something and if they don’t they face a penalty
Possible Examples = Americans with Disabilities Act, Clean Air & Water Act, national drinking age
What was Shays Rebellion and how did it finally convince the government that change needed to be made?
An armed rebellion of farmers in MA; showed that the government could not effectively protect the people because an army was unable to be raised to stop the rebellion
Define participatory democracy
Emphasizes broad participation in politics and society
In United States vs. Lopez, was Congress' power expanded or limited by the Supreme Court?
Limited; Congress was not allowed to use the commerce clause to justify the creation of the Gun-Free School Zones Act
Why did Anti-Federalists argue that the new Constitution should not be ratified?
Anti-Federalists were against the new constitution and thought the states needed more power, the central government was too powerful (specifically Congress), and people’s individual liberties would be at risk
What is the difference between a "block" grant and a "categorical" grant?
A block grant allows the most freedom for states to decide how federal money is spent; a categorical grant must be spent on something specific
The government gets is power from the consent of the governed
There are TWO constitutional clauses cited in the landmark supreme court case McCulloch vs. Maryland, what are they?
Supremacy Clause & the Necessary and Proper Clause
Why did the founders decide on the Electoral College as a means of electing the president?
They were worried the people wouldn't be educated enough; feared a true democracy; as a compromise between big states and small states
What is it called when the Federal government and state governments share a power?
A concurrent power
After a constitutional amendment has been proposed by both houses of Congress, its adoption requires what?
Ratification by 3/4ths of the states (state legislatures)