POLS1101 - Exam 2 Study Guide (CH4-CH7)

Reconstruction Amendments

13th: abolished and continues to prohibit slavery and involuntary servitude, 14th: secured the rights of former slaves after reconstruction, 15th: prohibits each government in the United States to prevent a citizen from voting based on their race

Great Compromise

1787; This compromise was between the large and small states of the colonies. The Great Compromise resolved that there would be representation by population in the House of Representatives, and equal representation would exist in the Senate. Each state, regardless of size, would have 2 senators. All tax bills and revenues would originate in the House. This compromise combined the needs of both large and small states and formed a fair and sensible resolution to their problems.

(A) The Great Society programs, of Lyndon B Johnson between 1964 to 1967, included 90 bills of which the biggest impact, by far, on federal gov't spending were Medicare and Medicaid, both of which were signed into law in 1965. (B) Grants in the form of money or land provided by the federal gov't to state and/or local gov't on the condition that the funds be used for purposes defined by the federal gov't. By accepting these funds, states allowed the federal gov't to define and oversee implementation of many aspects of public policy that had previously been carried out with little or no federal gov't involvement. Categorical grants are a grant-in-aid with strict and specific guidelines for spending. (C) Before the New Deal and Great Society, American federalism took the form of dual federalism (layer cake), which is federalism marked by a clear division of authority and responsibility between the federal and state gov'ts. During dual federalism, the state gov't focused on providing social services, regulating individual behavior, and (in general) promoting the health, safety, welfare, and morals of their people. During dual federalism, the federal gov't focused on foreign affairs, regulating relations between the states, and coordinating efforts at internal improvements (e.g., building canals and roads). Cooperative federalism replaced the old form of dual federalism. Cooperative federalism is sometimes called marble cake federalism, to highlight how the functions and roles of federal and state gov'ts under it are less clearly demarcated and involve much more intermingling.

1940-1968: Post-New Deal Federalism before the Conservative Backlash (A) What was the "Great Society"? Which president proposed it? (B) What is meant by "grants-in-aid"? What are categorical grants? And what kind of impact did they have on the growth of the federal government? (C) Be sure to know and understand the differences between cooperative federalism and dual federalism.

(A) Republican President Richard Nixon, whose most significant legacy as President, resulted from his efforts to replace categorical grants with what are called block grants. Block grants are a type of federal grant-in-aid that provides states and/or local gov't with significant freedom to decide how to spend the money. (In contrast to categorical grant.) Devolution is the process of the federal government returning functions and powers to state and local governments that had been assumed by the federal government since the New Deal and Great Society. (Nixon presidency marks the beginning of this.) (B) Republican President Ronald Reagan's two most important measures on reducing the size and influence of the Federal establishment: (1) starve the beast, which meant drastically reducing taxes and thereby forcing the federal gov't to cut spending. The highest marginal income tax rate owed by the highest earners was reduced from 70% to 29%. (2) greater degree of reducing federal gov't spending on grants-in-aid. Part of this involved converting more categorical to block grants and ending Nixon's general revenue sharing program, which left states with choice of ending programs financed by grants or financing them with own state tax revenues. It's estimated that spending on grants to the state and local gov'ts declined by 33% during Reagan's time in office. The tax cuts significantly reduced federal gov't revenue but spending actually increased (despite the decrease on spending on grants-in-aid).

1968-2000: The Conservative Backlash Against Liberal Federalism (A) What are block grants? And what is meant by "devolution"? How are these terms related to Richard Nixon and the conservative backlash against the liberal federalism of FDR and LBJ? (B) How did Ronald Reagan try to reign in the size and influence of the federal government? Were these measures successful? Why, after three decades of decline, did the national debt double during the 1980s (when Reagan was president)?

Principled federalism is a preference for particular allocation of authority between the national and state gov'ts that one consistently adheres to even if one dislikes the policy outcomes that will likely result from allocation. For example, principled commitment to states' rights would lead one to favor state authority even when one expects most states to enact policies one strongly disapproves of. During the Cold War period, it appeared that many conservatives were principled federalists: committed to states' rights even when they expected most states to enact policies they disapproved of. Although there is reason to doubt things were ever this simple, this much is certain: principled federalism does not apply today.

2001-Present: The End of Principled Federalism? What is principled federalism? According to the textbook, is either political party committed to principled federalism today? If so, which one?

Police Power

A Supreme Court doctrine essential to federalism that gives government authority to make laws and regulations for the health, safety, welfare and morals of the people. Has nothing to do with police officers. The states are not limited to the powers delegated to them in their constitutions. Instead, so long as states do not violate a legal limit placed on them by the U.S. Constitution or their state constitutions, the states may do whatever they choose to promote the health, safety, welfare, and morals of the people. The U.S. Supreme Court interprets the Tenth Amendment as affirming that the federal government does not have inherent police power.

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

military force

A flaw in the design of the Articles of Confederation, what was the only punishment the central government could use to gain compliance to requisitions?

Federalism

A system in which power is divided between the national and state governments

A) System established for electing Presidents B) Number of electors in each state would equal number of representatives each state had in House of Representatives C) It gave them more electors.

A) What is the Electoral College? B) How did it work? C) And how did the Electoral College give slave states extra voice in the selection of the President?

A) direct democracy involves people making and enforcing laws themselves, representative is where relatively small number of public gov't officials make and enforce laws on behalf of citizens B) representative

A) What is the difference between a direct democracy and a representative democracy? B) Which of those two kinds of democracy did the Founders create with the U.S. Constitution?

A) Because it would guarantee slave states a majority of seats in the House of Representatives B) To increase their number of delegates C) Three Fifths Compromise

A) Why did anti-slavery delegates want slaves to NOT be counted at all for purposes of calculating each state's number of representatives? B) Why did slave-state delegates want each slave to be counted as at least three-fifths of a person (if not as a whole person)? C) What's the name of the compromise that was reached over how to count slaves?

America's Creed: "That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to affect their Safety and Happiness."

According to the Declaration, what do the people have the right to do when confronted with a government that is destructive of the ends which governments should serve?

America's Creed: "deriving their just powers from the consent of the governed,"

According to the Declaration, what is the source of government's legitimate authority?

Less protected: - obscenity - student speech in public school - fighting words - expression promotes and likely to incite imminent lawless action -libel of public figures

According to the Supreme Court, which of the following forms of expression are entitled to less First Amendment protection than ordinary forms of political expression: flag burning; slander of public figures; obscenity; student speech (in public schools); hate speech; the spending of money on political campaigns; "fighting words;" expression that merely promotes (but is unlikely to actually produce) lawless action; content-neutral restrictions on the time, place and/or manner in which ideas are expressed; expression that promotes, and is likely to incite or produce, imminent lawless action; libel of public figures?

1) The legislature was not living up to the ideals of rule of law and constitutional government 2) The legislatures dominated the other branches of government

After several years of experience with the revolutionary states, what did many Founders come to conclude?

In 1937, the name given to a set of federal government programs that seek to promote the economic security, health, and well-being of citizens, especially those in financial or social need, which began to develop in the U.S. in the 1930s

Among other things, changes in how the Supreme Court interpreted the Constitution beginning in 1937 paved the way for the modern welfare state. What is meant by "welfare state"? How has it impacted American federalism?

Cannot violate constitutionally protected civil liberties or rights.

Are there any constitutional limits on the police power of the state governments?

1) Ex post facto laws of bills of attainder cannot be enacted 2) Fed gov't cannot suspend the "Privilege of the Writ of Habeas Corpus" unless public safety may require it.

Article I, section 9 and 10, provide civil liberties protections against the federal gov't and state gov'ts. What are the protections?

A) Proposing Amendments: (1) 2/3 vote by Congress and (2) 2/3 of state legislatures petitioning Congress to call a special convention B) Ratifying Amendments: (1) 3/4 of state legislature voting to ratify, (2) 3/4 of special popularly-elected ratifying conventions

Article V establishes four pathways for the sovereign people to amend the Constitution. Make sure to know (A) the two ways constitutional amendments can be proposed and the (B) two ways amendments can be ratified.

In 1948, FDR specified 8 socioeconomic rights that he contended the federal government had a responsibility to secure. Among these were the rights to "a good education, "a decent home," "adequate medical care", and "protection from the economic fears of old age, sickness, accident, and unemployment". People on the left think that FDRs New Deal was wise and proper, some social democrats and democratic socialists regret that it didn't go further in securing what FDR called the Second Bill of Rights. Conservatives tend to think parts of the New Deal were beneficial and necessary (at least at the time), but they tend to lament the fact that it put federal government on a long-term path to the modern welfare state. Libertarians think the New Deal was unnecessary, ineffective, improper, and harmful.

Be able to match the modern liberal, conservative, and libertarian perspective on FDR's New Deal.

(A) a tax that takes a larger percentage of higher incomes than lower incomes (B) In 1895 it was declared unconstitutional, but then in 1913, Congress proposed an amendment that would ultimately allow it to enact progressive income taxes, which was ratified in the 16th Amendment in the year 1913. (C) Major source. Income tax enabled the government to be consistently spending more than all state and local governments combined (D) The federal government increasingly used its greater spending power (it's control over the power of the purse) in the second half of the 20th century as a way to encourage state governments to implement national programs that the federal government could not feasibly (or constitutionally) implement on its own.

Be sure to know and understand how the 16th amendment impacted American federalism in these ways: (A) What is meant by "progressive income tax"? (B) What has the impact of the progressive income tax been in the U.S. since 1894? (C) Is income tax a major revenue source for the federal government or is it less important? (D) Using the power of the purse, how has the federal government influenced state governments?

Pro-unionists governments contend they can better achieve fair and mutually beneficial economic arrangements, immigration policies, and environmental pollution controls than when disunited.

Be sure to know and understand the arguments made by pro-unionists. Why do they see a united country as better than a disunited country?

Stamp Act

Be sure to know and understand why American's protested this act. Definition: A tax levied by Parliament on the American colonists in 1765 to pay for and use printed paper produced in London for, among other things, legal and commercial documents, newspapers, magazines, and playing cards.

(A) respecting the rights of those suspected of crimes and empowering government to deter and punish crimes. (B)

Civil Liberties in the Criminal Justice System Civil liberties pertaining to criminal justice establish rules and procedures that the executive and judicial branches must follow when investigating, accusing, convicting, and punishing criminal suspects and convicts. (A) What, according to the textbook, is the purpose (or "aim") of these rules and procedures? (B) Generally speaking, how do liberals and conservatives tend to differ in how they interpret civil liberties pertaining to the criminal justice system? (C) Why, according to the textbook, is the incorporation of criminal justice rights under the 14th Amendment "especially important"?

Civil Liberties are legal rights designed to protect individuals from abuse of power by the government.

Civil Liberties: Foundational Concepts Be sure to know and understand the definition of civil liberties.

Requisitions

Congress issued orders to the state governments to contribute money to the central government. These were not tax levies, what were they called?

Less

Did the federal system created by the U.S. Constitution give state governments more or less power and independence compared to what they had under the Articles of Confederation?

White men

During the Revolution, which social groups (based on race, gender, and property ownership) could vote in all of the states?

Slaves and Women

During the Revolution, which social groups could not vote in any of the states?

(A) Separation of Church and State is the view, often endorsed by liberal justices of the U.S. Supreme Court, that the Establishment Clause is designed to reduce or eliminate the role of religion in government affairs altogether. Accommodationism is the view, often endorsed by conservative Supreme Court justices that the Establishment Clause does not mandate the separation of church and state and that the government may, and perhaps should accommodate religious activity so long as it does not compel activity or show preferential treatment. (Requires no one be forced to participate, and government cannot promote or endorse one religion over another.) (B) Lemon Test are three-prong tests determining whether a law violates the Establishment Clause (whether government is improperly involved with religion). 1) Has a secular purpose. 2) It does not foster an excessive government entanglement with religion. 3) Its primary effect neither advances nor inhibits religion.

Establishment Clause The Establishment Clause establishes there can be no official or mandatory government religion in the United States. (A) What is the difference between the concepts of "separation of church and state" and "accommodationism"? (B) What is the Lemon Test and why is it associated with the Establishment Clause?

Lack of principled federalism by either major political party leads one to suspect that most movement in the coming years will be toward a more, rather than less, active federal government.

Federalism in the Future According to the textbook, looking ahead to the future of federalism, why are population aging and the rising costs of healthcare increasingly putting pressure toward greater federal government spending? Unless something is changed, the national debt will continue to grow. How are Republicans and Democrats currently differing in their approaches to this challenge?

The First Amendment Establishment Clause and Free Exercise Clause, together, provide the constitutional basis for religious freedom in the U.S. Establishment Clause in the First Amendment says the government may not establish an official religion. Free Exercise Clause prohibits government from interfering with the practice of religion.

First Amendment I: Religious Freedom How does the textbook define "religious freedom"? What is the name of the first two clauses of the First Amendment that are the constitutional basis of religious freedom in the United States?

(A) Justice Oliver Wendell Holmes famously endorsed a metaphorical "competitive marketplace of ideas" on the grounds that the "best test of truth is the power of the thought to get itself accepted in the competition of the market ..." (B) Content-neutral regulations usually upheld reasonable restrictions based on time, place, or manner. Restricting freedom of expression but does so without being directed at a particular speaker or message. (C) hate speech and spending money on political campaigns

First Amendment II: Freedom of Expression A baseline rule of the Supreme Court's approach to the freedom of expression is that government may not (with a few clearly defined exceptions) enact "content-based restrictions" on expression (especially if the expression is political). (A) What does Oliver Wendell Holmes' notion of a "marketplace of ideas" have to do with the Court's insistence that content-based restrictions are almost always in violation of the constitutional right to free expression? (B) What is meant by "content-neutral regulations" and what do they entail? (C) The textbook discusses two forms of expression that are protected by the U.S. Constitution (as interpreted by the U.S. Supreme Court) but that are not constitutionally protected in other democratic countries. What are those two forms of expression?

This amendment of the constitution guards against abusive search and seizures in general in four ways. 1) searches must not be unreasonable 2) search warrants must only be issued if gov't has probable cause 3) search warrants must come from a judge 4) search warrant must specify the particular things that may be searched, preventing unlimited searches According to exclusionary rule, if gov't seizes evidence through an unconstitutional search, then the evidence may not be admitted into court.

Fourth Amendment: Searches and Seizures What, according to the textbook, is "the primary purpose" of the 4th Amendment? What does "reasonable expectation of privacy" have to do with how the Supreme Court has interpreted the 4th Amendment? What is the exclusionary rule? What is its purpose? Why are a growing number of constitutional scholars, lawyers and judges questioning its wisdom?

(A) Phase 1, the Court must determine whether: 1) the person has a claim involving a sincere religious belief, and 2) the government action is an actual burden on the person's ability to act on that belief. Phase 2, when Courts apply strict scrutiny (if both conditions met in Phase 1): 1) the government interference with religious practice is the result of pursuing a compelling government interest, and 2) there is a way for government to pursue the compelling government interest that would have placed less of a burden on the free exercise of religion. (B) Strict Scrutiny is the label given to the most stringent approach: a Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal. (C) Religious Freedom Restoration Act

Free Exercise Clause There are two phases in the Sherbert Test. (A) Which questions are asked are in each phase? (B) What is strict scrutiny? What does it have to do with the Sherbert Test? (C) What act of Congress requires the federal government to pass the Sherbert Test whenever it passes laws or enacts policies that infringe on religious activities?

Montesquieu

French political philosopher who advocated the separation of executive and legislative and judicial powers (1689-1755)

Increased

Generally speaking, has the power and authority of the national government increased or decreased over time?

Intolerable Acts

Great Britain responded to the Boston Tea Party with several repressive policies. Definition: series of laws passed by Parliament in 1774 (known by the British as Coercive Acts) to punish Boston for the Tea Party. Among other things, Parliament order closing of Boston port and took over control of governance of colony of Massachusetts.

It states that no current state's geographic boundaries can be altered without the consent of the state's legislature. The constitutional protection of territorial independence of states is yet another reason the U.S. is not a unitary national government.

How does Article IV, Section 3 of the U.S. Constitution protect the territorial independence of states? Why does this render the United States a federal system rather than a unitary national government?

Enacted under the authority of the sovereign people (versus sovereign states).

How does the Constitution's Preamble reflect the principle of "popular sovereignty"?

With federalism, central government claims authority over individuals and not only over governments.

How does this key confederacy feature contrast with federalism and unitary national government?

(B) Incorporation is a process that extended the protections of the Bill of Rights against the actions of state and local governments. Selective incorporation is the gradual process by which the U.S. Supreme Court has chosen (one case and one right at a time) which civil liberties from the Bill of Rights to incorporate through the 14th Amendment Due Process Clause. Total incorporation is the theory that the Fourteenth Amendment's due process clause requires the states to uphold all freedoms in the Bill of Rights; rejected by the Supreme Court in favor of selective incorporation. (C) Incorporation is about those rights explicitly listed (i.e. enumerated) in the text of the Constitution--specifically in the Bill of Rights--whereas the Court's protection of unenumerated constitutional rights involves rights that are not explicitly mentioned (i.e. unenumerated) anywhere in the text of the Constitution. Unenumerated rights are rights that are said to be implied by the Constitution but that are not actually mentioned in it. These are protected by the Due Process Clause of the 14th Amendment.

Judicial Enforcement and Interpretation of Civil Liberties (A) What does judicial review have to do with how civil liberties are enforced in practice? (B) What is "Incorporation"? What does it have to do with the Due Process Clause of the 14th Amendment? What's the difference between "selective incorporation" and "total corporation"? Which approach has the U.S. Supreme Court used? (C) These two concepts are closely tied to the Due Process Clause of the 14th Amendment: (1) Incorporation and (2) Unenumerated Constitutional Rights. What's the difference between those two constitutional sources of civil liberties?

This clause establishes that all federal laws--including those of the U.S. Constitution, congressional statutes, executive orders, and treaties--are supreme over state and local laws.

Make sure to know and understand how the Article VI Supremacy Clause and the Tenth Amendment help to define American federalism. What is the Supremacy Clause?

(A) Conservatives (B) For proponents of gun rights, the second part of the Second Amendment is the most important: "right of the people to keep and bear Arms, shall not be infringed." (C) Protects for self-defense (D) Yes

Second Amendment: Gun Rights (A) Is it liberals or is it conservatives who tend to favor gun rights more than gun control? (B) How do proponents of gun rights differ from proponents of gun control in how they interpret the Second Amendment? (C) According to recent U.S. Supreme Court decisions, does the Second Amendment protect a right for individuals to own firearms for self-defense? Or does it only instead protect the right for persons to own guns for purposes of serving in a "well-regulated militia"? (D) Has the U.S. Supreme Court incorporated the Second Amendment under the Due Process Clause of the 14th Amendment.

If Congress claims that an economic activity has a substantial effect on interstate commerce, then the Court presumes that it does have a substantial effect and almost always declares a regulation of that activity constitutional under the authority of the Commerce Clause.

Since 1937, the Supreme Court has applied the "substantial effects doctrine" for interpreting the Commerce Clause. This has greatly expanded the federal government's authority to regulate the economy and society more broadly. What is this doctrine?

The Articles of Confederation and Perpetual Union created a central government that was too weak, and by extension, allowed the states to have too much power and independence.

The Founders would write and ratify a new constitution to replace the Articles of Confederation and Perpetual Union on 1787-1788. What was the reason they had to do this?

(A) only protects against infringement by the government. Civil liberties are about telling the federal government what they are not allowed to do (negative rights). Think of civil liberties as a gate. Civil liberties are not absolute, they are limited in all ways and can even be suspended. Civil liberties are not civil rights. (Civil Rights are things the government must do.) (B) Initially Bill of Rights only applied to the federal government until incorporation (where Bill of Rights incorporated down to the states) would occur. In an 1833 case Baron v. Baltimore (City divert water that left dirt at end of his property), tried to change so that selective incorporation would be instituted, but wouldn't happen until years later after Civil War.

The Nature, and Multiple (and Changing) Constitutional Sources, of Civil Liberties (A) Do constitutions protect civil liberties against infringement by private individuals (or businesses) or do constitutions only protect against infringement by government? (B) Did civil liberties listed in the Bill of Rights of the U.S. Constitution apply to actions taken by state governments prior to the Civil War? Did they apply to actions taken by the federal government prior to the Civil War?

Miller Test (Obscenity)

The Supreme Court has affirmed that obscenity is not protected by the First Amendment, but it has found it difficult in practice to determine when expression is obscene. What test has the Court established for determining whether expression is obscene?

Enumerated powers are explicitly listed in the Constitution, most are listed in Article I, Section 8.

The U.S. Constitution "delegates" powers to the federal government in two ways: through enumerated powers and implied powers. Where in the Constitution are most of Congress' enumerated powers listed?

1) By removing the power of executive appointment from the legislature 2) Implementing the principle of checks and balances between the branches of government

The U.S. Constitution was designed to avoid giving legislature too much power. How did they accomplish this?

Bill of Rights

The first ten amendments to the Constitution

New Jersey Plan (small state plan)

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.

Virginia Plan (large state plan)

The proposal at the Constitutional Convention that called for representation of each state in Congress to be proportional to its population.

1) Own experiences under colonial system 2) The Spirit of the Laws, by Montesquieu 3) The leading writers on what the founders called "the science of politics"

The revolutionary generation drew inspiration from pre-existing materials when drafting the constitution. What were they?

(1) Argument: When states are allowed too much independent authority and power, they can threaten the stability of the union. Since the union is the basis of peace, prosperity, cooperation, and so on, it follows that a strong national government (and weaker, subordinated states) is necessary for attaining all of those benefits. (2) Argument: Uniform national rules and standards can reduce the cost associated with complying with laws and regulations (3) Argument: National government is more likely than state government to identify and provide nationwide goods. States would be too limited in their views and/or too selfish in their motives to overcome the temptation to free ride. (4) In Federalist Paper #10, James Madison offered a sophisticated analysis of how a large democratic government is more likely to respect and protect minority rights than are smaller democratic governments? (5) The U.S. Government is not caught up in the competition across states within the U.S. that leads to intranational races to the bottom. This is thought to be better positioned than states to enact socially optimal regulations.

What Kind of Union? Be sure to understand these five arguments made by proponents of greater national government authority: (1) Preserving the Union (2) Reducing Compliance Costs Through Standardization and Uniformity of Rules (3) Providing National Public Goods and Reducing Negative Externalities (4) Protecting Minority Rights (5) Preventing Races to the Bottom

(1) Argument: if a unitary national government, if state governments do not retain a certain amount of independence and autonomy, then they cannot serve as a check on the power and influence of the national government. Without states serving as a check on the national government's power, the argument goes, the national government will dominate the people and strip them of their freedom. (2) Argument: Proponents of state government authority argue that the diversity of local community values and interests around the country can often make uniform national standards undesirable. Since there is much diversity in values and interests throughout the country, it can be better to allow decisions to be made at the most local level as possible. (3) Famously coined by U.S. Supreme Court Justice Luis Brandeis, and simply put that federalism allows states to conduct their own policy experiments and this allows everyone to learn what works best and what does not work. (4) Argument: If individuals or businesses dislike the package of policies enacted by their state or city governments, they can "vote with their feet" by moving to states or cities with policies they find more acceptable. The mere possibility that people and businesses might relocate can serve as a powerful deterrent against state governments enacting unjust or inefficient public policies in the first place. (5) Argument: A great advantage of leaving significant authority to the state and local level is that it increases the number of opportunities for citizens to participate in democratic government and thereby practices and develop the skills, habits, and dispositions essential for democratic citizenship.

What Kind of Union? Be sure to understand these five arguments made by proponents of greater state government authority. (1) Protecting Liberty (2) Representing the Diversity of Local Community Values and Interests (3) Learning from Policy Experimentation ("Laboratories of Democracy") (4) Benefiting from "Foot Voting" (5) Fostering Democratic Citizenship

Provisions of six constitutional amendments (13th, 14th, 15th, 19th, 23rd, and 26th) that grant Congress authority ("with appropriate legislation") to enforce the rights guaranteed by the amendments. With the Necessary and Proper Clause, these amendment-enforcing provisions are the major sources of the federal government's implied powers.

What are "amendment-enforcing provisions"? How are they sources of implied powers?

1) Confederal structure (states maintain as much sovereignty and independence as possible) 2) No distinct branches of government (unicameral legislature) 3) Lack of clear supremacy of treaties and other national laws 4) Tight control of congressional delegates by state legislatures 5) Supermajority voting in Congress (nine states or 70%)

What are the first five design principles of the Articles of Confederation?

In a federal system government authority is partly divided and partly shared between a central government and member state governments. In a unitary national government, by contrast to central government, either there are no separate member states or the central government can alter the authority or geographic jurisdiction of member states at will.

What are the key differences between a federal system and unitary national government?

1) Federalism 2) Popular Sovereignty 3) Representative Democracy 4) Bicameralism 5) Separation of Powers / Checks and Balances 6) Small List of Civil Liberties

What are the six design principles of the original U.S. Constitution?

Provision in the U.S. Constitution that establishes: 1) the authority of the federal government is limited to only those legal powers that are delegated to it by the U.S. Constitution 2) unless the U.S. Constitution (or a state's constitution) prohibits a state from exercising a particular power, then the state is presumed to have that power.

What are the two important principles found in the Tenth Amendment?

FDR's mere threat of a court-packing plan

What caused the Supreme Court to adopt a new interpretation of the federal government's constitutional authority from 1937 onwards?

Enough antifederalists were convinced to vote to ratify Constitution by fixing any problems through Amendments, i.e., Bill of Rights.

What did the Antifederalists have to do with the origin of the Bill of Rights?

Virtual Representation

What did the British argue as a counter to the Stamp Act? Definition: British governmental theory that Parliament spoke for all British subjects, including Americans, even if they did not vote for its members. According to the view, government officials can be expected to effectively represent people if they have reason to sympathize with them and their shared beliefs.

Granted slave owners a constitutional right to recapture runaway slaves who had fled to other states, including states where slavery was illegal. It also took away the rights of states to pass laws to protect and/or emancipate runaway slaves.

What did the Fugitive Slave Clause do?

That Congress would not ban slave trade prior to 1808 and could impose a tax not to exceed 10 dollar per person (slave).

What did the Original Constitution establish about the Atlantic Slave Trade?

Enumerated powers are explicitly listed and implied powers are not specifically mentioned in the constitution, and are said to emanate from the necessary and power clause, also found in Article I, Section 8.

What do these terms-- enumerated/implied powers --mean?

areas of public policy over which only states have authority (contrasted to concurrent authority)

What does "reserved" power entail in terms of state authority in the U.S. federal system?

America's Creed: "that all men are created equal."

What does the Declaration claim about human equality?

America's Creed: "that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --"

What does the Declaration claim about natural rights?

America's Creed: "That to secure these rights, Governments are instituted among Men, --"

What does the Declaration say about the legitimate ends (i.e., purpose) of government?

Authority of the courts to decide whether acts of government are constitutional or unconstitutional.

What is judicial review?

the standard established by the Supreme Court in New York Times v. Sullivan (1964) for defamation cases. The standard requires public figures who sue press outlets for defamation of character to prove that the news source intended "actual malice." In this context, the Court suggested that malice refers to knowledge of falsity and reckless disregard for the truth. More difficult for an elected official or public figure to win a defamation lawsuit, must not only prove statement damaged reputation and was false, but also that person making statement knew it was false or demonstrated reckless disregard for the truth.

What is the "actual malice standard" and what is its relevance for speech that allegedly defames public figures?

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

What is the Necessary and Proper Clause?

The legislative branch of government.

What is the general subject matter of Article I of the Constitution?

The executive branch of government.

What is the general subject matter of Article II of the Constitution?

One Supreme Court and inferior courts created by Congress.

What is the general subject matter of Article III of the Constitution?

Confederacies claim authority over governments and not individuals

What is the key feature of a confederacy?

Supremacy Clause

What is the name of the clause in the Constitution that grants federal laws superior authority over state laws?

No direct control of the people over Congress (every member of Congress was appointed by the state legislatures)

What is the sixth design principle of the Articles of Confederation?

1) No one may be convicted of treason unless a suspect confesses or two witnesses testify to having observed "the same overt Act" of treason. 2) All criminals trials must be by jury.

What protections does Article II provide for criminal suspects?

To try and keep the branches truly separate form one another by, somewhat paradoxically, giving them a bit of power over one another.

What purposes were the system of checks and balances intended to serve?

confederal structure of government

What was "the great and radical vice" in the design of the Articles of Confederation according to Alexander Hamilton?

Over the first two and half years of FDR's presidency, he and his fellow Democrats in Congress implemented over 25 major acts aiming at economic relief, recovery, and/or reform. During FDR's term, when businesses challenged Supreme Court_ policies that regulated economic production, initially, the U.S. Supreme Court sided with the businesses and declared the policies unconstitutional.

What was FDR's New Deal? How did the Supreme Court initially react to FDR's efforts?

The Original Constitution and the first twelve amendments

What was considered the Founders' Constitution?

Continental Congress

What was created in 1774 by Americans as a unified front of resistance to these new British policies? Definition: A body of representatives from the British North American colonies (all except Georgia) who met for first time in Philadelphia in 1774 to respond to England's Intolerable Acts. They declared independence in July 1776 and later drafted the Articles of Confederation (then with Georgia).

The period between 1783-1789 when politicians thought US would disunite and form two separate unions. States were becoming antagonistic and hostile towards one another.

What was the Critical Period?

The only lawful way to amend the Articles was by unanimous consent of the state legislatures. The way to get around with was the Founders decided to submit the Constitution to special popularly elected ratifying conventions in each state. And they only required 9 of the 13 states to ratify.

What was the primary obstacle to amending the Articles of Confederation? And how did the Founders get around this obstacle in order to establish the U.S. Constitution in 1787-88?

1) Political conflicts between states could be intense military struggles 2) If the states were apprehensive about war with each other, large standing armies would be created 3) They were better able to defend themselves from common security threats

What were the arguments for the United States to remain united during the Critical Period (1783-1789)?

1) between the interests of states with large populations and small populations. 2) between Northern states and Southern slave states

What were the two most heated points of contentions at the Constitutional Convention that made it difficult to create a constitution acceptable to the people of every state in the union?

Federalists

Which group—the Federalists or the Antifederalists—supported ratification of the U.S. Constitution?

Thought to be the death knell of liberty. And that were reason for growth of authoritarian governments throughout Europe at the time.

Why did most Americans believe standing armies to be the end of liberty?

Facilitated the Great Compromise by allowing states to be represented equally in one chamber (the Senate) and proportionally based on population size in another (the House)

Why did the Founders choose a bicameral legislature instead of a unicameral one?

Couldn't enforce the requisitions, states inclined not to pay them

Why did the central government's reliance on requisitions for raising revenue contribute to the weakness of the government?

1) British rule had taught them to disdain government that is dominated by the executive and/or judicial branches 2) It was viewed as necessary for preserving liberty

Why did the revolutionary states place a heavy emphasis on separation of powers?

1) Could not levy taxes on individuals, only requisitions. 2) Only possibly punishment to to inflict on a state government was military force.

Why did this "vice" contribute so greatly to the weakness of the Articles of Confederation?

Helps to resolve questions about the scope and limits of federal and state governments legal authority.

Why has judicial review been important for the development of federalism over time?

Federalism

a form of government in which power is divided between the federal, or national, government and the states combines elements of a confederacy and of a unitary national government in an effort to enjoy the advantages of each while avoiding their respective disadvantages

Age of Enlightenment

a period (~1685-1815) marked by a high level of optimism about the capacity for human beings to use reason to better understand their world and to thereby improve the human condition