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14 Cards in this Set
- Front
- Back
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What were some of the basic assumptions about the Constitution at the time of the Founding?
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That the AofC were failures.
That natural rights exist and are primary. That the purposes of government are to preserve order and protect natural rights. |
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What was one of the first Constitutional controversies?
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The national bank
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What were the three interpretations of the necessary and proper clause that came out of the bank controversy?
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1. Absolutely necessary (that the ONLY way you can exercise an enumerated power)
2. Direct/incidental (in the nature of the power; ex: power to run post office, therefore they can create stamps) 3.Convenient/helpful/useful/involved in exercise of enumerated powers (this was the one picked by the Supreme Court in McCullough v. Maryland) (1819) |
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Who were the two key players in the bank debate?
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Alexander Hamilton and James Madison
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What was Alexander Hamilton's view on the necessary and proper clause?
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That is justified the creation of a national bank because there is a "natural relation" between trade, exchange, paper, money, bank.
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What were some of the enumerated powers justifying the bank bill?
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Lay and collect taxes/spend for general welfare and defense/pay debts
Borrow money Necessary and proper |
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What was one of Hamilton's arguments about the necessary and proper clause?
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That it shouldn't be construed in a restrictive way qualifying way (absolutely or indispensibly) when it can be understood in the opular sense.
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Why was the 11th amendment passed and how was it interpreted during the Founding?
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The Eleventh Amendment interpreted Article II, Section to mean that a foreign citizen could sue the state. Congress didn't like it.
Interpretation:That a state can't be sued by a citizen of another state or a foreign person. |
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What were the arguments made for sovereignty?
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They were policy/pragmatism v. principle/ethics arguments about sovereignty.
Policy: King is highest authority and cannot be hailed into a court so might as well make a law about it Principle: Sovereign king should be immune because is the king by virtue of God and man has no place to question the acts of God |
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What was established in this era in regards to ex post facto laws?
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That ex post facto laws don't violate unenumerated principles or rights except in criminal law, otherwise judiciary could never pronounce a law void.
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What effect did the alien and sedition acts have?
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They opened the door for the Civil War because the idea that the federal government is an agent of the state is pretty pervasive throughout Madison and Jefferson's resolutions.
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What is state nullification?
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The idea that a state can nullify or invalidate any federal law it deems to be unconstitutional.
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What is one of the arguments for nullification?
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The federal government is an agent of the state and if the agent's actions exceed their authority then agent's actions are void and the states can act like it never happened
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What are the three views on how the federal government gets its power?
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People to states to fed (Jefferson/Madison)
People to fed to states (Hamilton) People splits power between states and feds (Marshall/modern view) |
