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18 Cards in this Set
- Front
- Back
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Who was Publius?
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A pen name for the Federalist Papers.
Hamilton, Jay, Madison. |
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What are the symptom's of Democracy's "sickness" according to Publius?
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tendency of majoritarian oppression
Instability Tendency to dissolve |
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What causes Democracy to fail according to Publius?
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Factions
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What is a faction?
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A group of citizens (of whatever size) who, united by a common interest or passion, seek laws that are incompatible with justice and the common good.
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What causes factions?
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Interests and Passions.
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Symbols of Declaration of Independence?
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Self Governing People
Higher Law |
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Two basic directions to solve the problem of faction?
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Eliminate the causes of faction
Control the effects of faction |
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Two basic types of Democratic Government?
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"Pure Democracy" - voters gather together to write laws, and administer the government themselves.
"Republic" - representative democracy; voters elect reps to write the laws, etc. |
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Problems with Pure Democracy?
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It is connected to a simple, undiversified economy.
Impossible to solve the problem of self gov. with justice. |
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Publius' phrase on Republican form of government? What tools does it give us to control faction?
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"Extend the sphere" - can be spread and more populous.
Tools: extended sphere representation |
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Problem with Republic form of government?
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Fragmentation. You may avoid large majority factions, but there are still tiny ones. They could get together and form a coalition.
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Three ways a Republic avoids faction where a small democracy does not?
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1. Abundance of "fit" characters
2. Obstacles to the "vicious arts" 3. Easier to obtain independent-minded candidates. |
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The 4 ways Publius plans to control the effects of faction?
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1. Extended sphere and pluralism of a Republic. Extended sphere prevents immediate formation of "majority factions" and forces decision making processes to slow down.
2. Deliberation - as a filter to passion and faction. 3. Wise and Public-Spirited Representatives. 4. Virtuous people - they will see what the right thing to do is, and they will choose that right thing. |
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Publius' solution to the problem of constitutionalism?
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Virginia Bill of Right's solutions plus an emphasis on separation of powers.
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Tyranny according to Publius means what?
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the lack of separation of powers.
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Checks and Balances
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system by which each branch of government is given "weapons" to protect its power against theft.
(Example: Pres. can veto a bill, Congress can override a veto.) |
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Judicial Review
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the power to determine if a law is unconstitutional or not.
(if they can't make up they're mind on if a law is unconstitutional then the judges should let the law stand.) Publius says that only if a law is against the MANIFEST TENOR (meaning of constitution) of the Constitution should the judges use judicial review. |
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Why is judicial review considered wise?
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Because without judicial review, we couldn't really have a limited government.
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