American Government - Exam 2

What power does Hamilton say the courts will have?

According to Hamilton, the courts will have the power to nullify any laws made by the legislative branch that are not in keeping with the Constitution.

Who wrote the Federalist 69? What is the primary issue discussed in the paper?

Alexander Hamilton. The primary issue discussed is the extent of executive power under the new Constitution.

What is a progressive income tax? A flat tax?

A progressive income tax increases the tax rate for an individual as the amount of their income increases, while a flat tax is applied at the same rate to everyone.

Does this issue exist in America today? In what ways(s)?

Contrary to Madison's suggestion that a diverse group of interests would counterbalance the negative effects of political factions, the America of today is split between two political parties, various religions, social classes, and a diverse racial makeup. Often, it seems that politicians feel a greater loyalty to their party than to the national interest or even the interests of their own districts, and religion plays an important role in how people vote. Different socioeconomic classes feel enmity towards each other, and tensions continue to linger from old racial wounds of America's past.

How did James Wilson believe the US Government would generate revenue (AF 12)?

He believed that the government should raise money from tariffs, primarily.

What opinion did Madison have in regards to democracies?

He felt that democracies tend toward tyranny in that a united majority can tend to impose its will on the minority. His belief was that shrewd politicians would exploit the democratic system to prey on weaker people. Instead, he proposed that the republic, by electing officials from diverse areas of the country, would promote coalition building rather than allowing a select group to force the rest of the country into their position.

Through which facetious ways did Madison say to address the issue to eliminate it (the subject of the Fed. 10)?

He suggests that America could theoretically quell the issues raised by political factions by outlawing political parties or forcing people to think alike. Of course, he says that these solutions would be a threat to liberty and could never be implemented in the United States.

What argument does the Federalist 39 make?

In Federalist 39, James Madison argues that while they are forming a national government, it is not national in the strictest sense. In other words, while some new powers are granted to the government, the new Constitution divides power among the states, local municipalities, and the people at large. In addition, he argues that the new government will meet the requirements of a republican government through its formation of a bicameral legislature elected both directly and indirectly by the people and through forcing representatives to run for reelection after a certain number of years.

What issue is addressed in the Federalist 78?

In this paper, Alexander Hamilton defends the Constitution's assertion that judges should enjoy a sense of security and longevity in their office in order to promote fairness in their rulings.

What issue does the Federalist 10 address?

In this paper, James Madison addresses how political parties would be treated under the new government and cautions the American people against forming divisive factions.

Is it realistic today to accept that states can repel threats from the federal government (think militarily)? Why or why not?

It is probably unrealistic in the sense that the American government is armed with powerful weapons inaccessible to the general population. Back in the days of the Founding, guns were one of the most lethal weapons available, and almost all of the citizens owned, or at least had access to, them. Today, the government possesses missiles, tanks, and other large weapons that civilians would prove useless against.

Who wrote the Federalist 46?

James Madison

Who were the authors of the Federalist Papers?

James Madison, Alexander Hamilton, John Jay

To which government did the author of the Federalist 46 believe people would attach themselves to? Why?

Madison argued that the people would attach themselves to their state governments because they would more frequently interact with them and would more likely have close relationships with many of their state officials. Additionally, the state government would be more willing and able to address issues of local importance.

With whom does it seem Madison wants government power to rest?

Madison seems to desire that government power not rest in any one place. Instead, he wishes that power not only be divided among the branches of the federal government but also among the states or the people.

What was the purpose of the Federalist 46?

Madison wanted to convince the American people that the state and local governments would not be powerless under the new Constitution.

Why did some consider the argument in AF 84 void? What does "what is not granted is reserved" refer to?

Some considered a Bill of Rights unnecessary for the Constitution because the state constitutions already contained bills of rights. They argued that the Constitution stipulates that "what is not given is reserved," meaning that, if the Constitution did not lend a certain power to the government, it was by default given to the states.

Who were the Anti-Federalists? What did they believe in, etc.?

The Anti-Federalists were a group of people that were uncertain of the government proposed in the Constitution. They believed that the Constitution should not only enumerate the powers of government but also the rights of the people in order to protect them from abuse. After the Revolution, they feared that a government with too much power would only bring America back under a tyrannical state.

What part of the Constitution did the Anti-Federalists give us?

The Bill of Rights

What was the purpose of the Federalist Papers?

The Federalist Papers were written after the Constitutional Convention in order to convince the American people of the necessity of a stronger federal government and support the ratification of the Constitution. Many were skeptical of such a government due to their experience with King George, but the authors of the Federalist Papers wanted to alleviate their fears.

Is the United States a Democracy or Republic?

The United States is a republic, in which the people elect a certain group of people to make laws on their behalf.

What does Hamilton mean by power of sword, purse, and judgment?

The executive branch holds the power of the sword in that it is responsible for enforcing the laws. The legislative branch controls the "purse" because it is charged with appropriating money to the various arms of the government. The judicial branch is charged with judgment, which is the power to evaluate executive and legislative actions against the Constitution.

According to Hamilton, which branch of government would be weakest?

The judicial branch

What comparisons are made in the paper?

Hamilton often compares and contrasts the president with the British king and the governors of various states. Of course, he attempts to make the point that, in general, the power of the president is less than the British monarch, but also tries to show that the President is, in many ways, even more limited in his powers than state governors.

What was the overall argument made by Brutus in AF 84?

He argues that the national Constitution should include a Bill of Rights. He says that if the Constitution is to give away certain state-held powers the federal government, it should give equal importance to enumerating the rights of the people in order to prevent tyranny.

What method did Cincinnatus believe the US government would eventually use to generate revenue?

He believed that the government would begin to tax the people directly.

Why did Hamilton write on this subject?

He was trying to combat some misinformation that had been floating around about the powers of the executive branch. Specifically, he wanted to allay people's fears that the president would have too much power.

What point is Jefferson trying to make in the Kentucky Resolutions? Is nullification relevant? What is nullification?

His point is that, if the states deem the federal government to be acting beyond its constitutionally set limits, they can nullify its actions. Essentially, nullification is ignoring a federal law or statute on questions of its constitutionality. Nullification was a central issue in the Civil War, but it is not a very relevant issue today. In the present, most states fight federal laws in the court system rather than simply tossing them out unilaterally.

Are you more attached to your state or federal government? Why?

I suppose I feel more attached to the state government in the sense that it is local people dealing with local issues. Oftentimes, local state representatives and senators are more accessible and responsive than are national representatives.

Do you think the Anti-Federalists' fear that the federal government would encroach upon the powers of the state governments was legitimate? Why or why not? Examples?

I think it was, indeed, legitimate. There have been many cases in which the federal government has tried to override the state governments. The Alien and Sedition Acts would be a major example, in which the government sought to regulate the press. Another example might be the Federal Communications Commission's prohibition on knowingly broadcasting false information. Because the federal government is prohibited from violating these amendments, any regulation on these activities should have gone to the states. In other words, libel laws should be considered before the states according to their constitutions, not the federal government's.

How were U.S. Senators to be elected at the time of Madison's writing? How are they elected today? Why is this significant?

In Madison's time, the state legislatures elected their senators. Today, they are elected directly by the people. The original intent of the Senate was to serve as representatives of the states themselves rather than the people directly. It was designed this way to preserve the idea that the new federal government was a voluntary union of states rather than combining all the states into a single country ruled by majority vote.

In one or two sentences, what is Jefferson stating in Section 2 of the Kentucky Resolutions? Look at the 10th Amendment.

Jefferson is reiterating the constitutional principle that the federal government's powers lie only in what the Constitution has explicitly set aside for that purpose and that any powers not delegated to the federal government are reserved for the states.

How did state allegiance by the people factor into Madison's thoughts? Are Madison's thoughts on allegiance different from today?

Madison believed that people would be more connected with their state government than the federal government, and as such, they would resist attempts by the federal government to override their state's rights. He also thought that national representatives would be more concerned about their local communities than local representatives would be concerned about the national well-being. Today, although many may express affection for their home state, state allegiance is not as commonly encouraged as is national allegiance. Further, while it is usually true that local representatives are concerned most about their state, it is often the case that national representatives seem more concerned with their national news coverage than caring for the people of their district.

What point is Madison making in the Virginia Resolutions? What is significant about Madison's remarks in this paper? What are the similarities in the KY and VA Resolutions?

Madison contends that the states ought to resist the federal government when it attempts to exercise powers beyond its limits. In this paper, Madison declares that the citizens have an obligation, not just a right, to push back against federal overreach. The authors of both the Kentucky and Virginia resolutions agree that the Union of the states is held together by loyalty to a common law and a common understanding of rights, not loyalty to a certain government. As such, they concur that every citizen should be vigilant and active in opposing government overreach in order to preserve the purpose of the Union. They also both argued for the unconstitutionality of the Alien and Sedition Acts.