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135 Cards in this Set
- Front
- Back
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What do we mean mean when we refer to George Washington as the American Cinncinatus?
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He was willing to give up power.
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What was Plato's solution to self government?
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Virtue: the best and brightest should
rule |
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What was Aristotle's solution to self government?
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Structure is the key: design of
government |
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Define structure.
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The nature and arrangement of institutions or other mechanisms in a constitution that organize the government
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What were the Common Assumptions in Post-Revolutionary America?
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• High level of public virtue among the people.
• Legislatures should reflect that commitment to the public good • The executive branch should be weak • Nothing like a king! • Sovereignty should reside with the states • Small republics are better than large republics |
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What is a Confederation?
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A collection of equal sovereignties
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What were two main weaknesses of the Articles of Confederation?
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Limited power to trade between the states (econ)
Limited power to unify (diff. policies) |
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What were three main problems of the Articles of Confederation?
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1. Within the states
2. Between the states 3. Between the states and the national government |
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What"s an example of problems within the states under the Articles of Confederation?
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Spitit of Revolution gone too far (Shay's Rebellion)
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“I am mortified beyond expression when I view the clouds that have spread
over the brightest morn that ever dawned in any country… What a triumph for the advocates of despotism, to find that we are incapable of governing ourselves and that systems founded on the basis of equal liberty are merely ideal and fallacious.” |
George Washington
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“Rebellion against a king may be pardoned, or lightly punished, but the
man who dares to rebel against the laws of a republic ought to suffer death.” |
Samuel Adams
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“A little rebellion now and then is a good thing. It is a medicine necessary
for the sound health of government.” |
Thomas Jefferson
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What are examples of problems between the states under the articles of Confederation?
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• Conflicting foreign policy
• Commerce • Disputes • Example: Pennamite Wars • (Connecticut vs. Pennsylvania) |
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Why do representative legislatures make State Laws Often Problematic?
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• Representative legislatures make it so that ambition and personal interest outweigh the public good
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Why are State Laws Often Problematic?
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• Representative legislatures
The people themselves |
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How do "the people themselves" make state laws problematic?
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• Majorities vs. minorities
• Private interests vs. public good • Respect for character is not enough to prevent injustice • Religion not enough to restrain us |
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Who said fear and honor are not the best bases of gov.?
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John Adams
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Who came up with the idea of separation of power?
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Montesquieu
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In what ways did Weak National Government cause problems between the states and the national gov. under the Articles of Confederation?
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• “Encroachments by the States on the federal
authority” • “Failure of the States to comply with the Constitutional requisitions” • “Violations of the law of nations and treaties” • “Want of guaranty to the States of their Constitutions & laws against internal violence” |
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According to Madison, why will states sometimes need to be coerced by the
national government? |
• Acts of the national government “bear unequally
hard” on the states; states will have unequal interests in carrying out national policies • “Courtiers of popularity”: politicians will advance their own interests by criticizing national policies • Collective action problem: even when they share a common interest, some states may try to free ride on the efforts of others |
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What's noticeable about the delegates of The Philadelphia
Convention? |
• Lawyers
• Some Revolutionary War veterans • Some slave owners • Landholders • Experienced in government • Well-read • Many very young • None from Rhode Island |
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What was the Legislature like in the Virginia plan?
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• 1st House: Elected by the people, representation
proportional to population • 2nd House: Elected by the 1st House |
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Who introduced the virginia plan?
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Edmund Randolph
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What was the executive branch like in the Virginia plan?
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executive chosen by the legislature for one 5 year
term |
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What was the Judiciary like in the Virginia plan?
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Chosen by the legislature
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What checks and balances were there in the Virginia Plan?
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“Council of revision”:
• Executive and judiciary could review and veto national and state laws |
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What was the big controversy over the Virginia plan?
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It abolished instead of ammended the Articles of Confederation and it violated state sovereignty.
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Who Presented the New Jersey Plan?
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William Paterson
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What was the Legislature like in the New Jersey plan?
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• Unicameral
• Equal state representation |
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What was the executive like in the New Jersey plan?
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• Could be a council
• Single term, subject to recall by state governors |
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What was the Judiciary like in the New Jersey plan?
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• Lifetime terms of service
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What were the "other plans" presented at the Philidelphia convention?
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Pinckney and Hamilton's "british" plan
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What were the main points of the British plan?
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bicameral, electors, absolute veto power
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What were the four Key Issues of the Philadelphia Convention?
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Representation, Executive, Slavery, and Federalism
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At the Convention, what was the argument for representation by states?
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States have unique interests as states; these state interests must be represented equally
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At the Convention, what was the argument for representation by states?
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The great diversity of interests
must be represented; individual interests should be represented equally |
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What was The Great Compromise?
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A comp. concerning representation between the two Plans. One house gives votes proportional to population (House of Reps.) and another give equal votes to each state (Senate)
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“If respect is to be paid to the opinion of the greatest
and wisest men who have ever thought or wrote on the science of government, we shall be constrained to conclude, that a free republic cannot succeed over a country of such immense extent, containing such a number of inhabitants…” |
Brutus
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“It is natural to a republic to have only a small
territory, otherwise it cannot long subsist.” |
Montesquieu
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Anti-Federalist Brutus
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• A series of sixteen essays published in the New York
Journal from October 1787 through April 1788. • Actual author probably a New York judge named Robert Yates. |
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Anti-Federalist Cato
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• Published in the New York Journal from September
1787 to January 1788. • Probably written by former New York Governor George Clinton |
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What are the four points of The Small Republic
Argument |
• History
• Diversity and the Common Good • Participation • The People and their Representatives |
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The Small Republic
Argument: History |
Large republics had always failed or become tyrannical
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The Small Republic
Argument:Diversity and the Common Good |
Small republics can be united by a commitment to a common good
In a large republic, we have less in common Diversity makes self-government more difficult |
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The Small Republic
Argument:participation |
Small republics allow for more and better forms of citizen participation
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The Small Republic
Argument:The People and their Representatives |
In a large republic, the people will not watch over their representatives carefully enough
In a large republic, representatives will forget the people (the “Potomac Fever” problem) |
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“In a large republic, the public good is
sacrificed to a thousand views; it is subordinate to exceptions, and depends on accidents. In a small one, the interest of the public is easier perceived, better understood, and more within the reach of every citizen…” |
Brutus
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“History furnishes no example of a free
republic, any thing like the extent of the United States.” |
Brutus
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“Enlarge the circle still further, and, as
citizens of different states, though we acknowledge the same national denomination, we lose the ties of acquaintance, habits, and fortunes, and thus, by degrees, we lessen in our attachments, till, at length, we no more than acknowledge a sameness of species.” |
Cato
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Factions create two
sorts of problems, what are they? |
• Factional tendency toward extremism
and ultimately anarchy • Capture of government by a single faction creates tyranny |
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What's the big problem of Factions?
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Majority Factions
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What's the most common source of factions?
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Rich versus Poor
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Who made arguments for large republics and in what work?
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Madison in Federalist #10
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What are the two methods of curing the mischiefs of factions?
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by removing its causes
controlling its effects |
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What are the two methods of removing the causes of faction?
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by destroying the liberty which is essential to its existence;
by giving to every citizen the same opinions, the same assions, and the same interests. |
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What are two Differences between a democracy and a
republic according to Fed. #10? |
• Republics delegate government “to a small number of citizens elected by
the rest.” • Republics can be extended to “a greater number of citizens and greater sphere of country.” |
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What is the Small Republic Problem?
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Fewer factions means the same faction will win most often
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What is Madison's solution to the Small republic Problem?
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Extend the sphere
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What are two purposes of Gov. structure?
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• Keep self-interest in check
• Mobilize civic virtue |
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What is Fed 51 about?
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Controlling Gov.
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How do you keep branches separate?
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Giving each branch the constitutional means and the personal motives to check the other branches
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What will absolute division of powers lead to?
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Deadlock and tyrrany
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What is the paradoxical key to the separation of powers?
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Sharing some powers between the branches
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Define Federalism
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The people delegate
sovereignty to both the state and national governments; “shared sovereignty” |
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What are some of the problems of Federalism?
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Balance between States and Nation
Conflict of Sovereignty Different methods of voting |
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Why was slaavery such a hard topic?
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It combined moral conflict with economic interests
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Why is a Bill of Rights Dangerous?
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Undermines the Constitution's statement that gov. is limited
Deemphasizes unnenumerated rights Opens Pandora's box of "rights" |
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Why is a Bill of Rights unnecessary?
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• States already had them
• Consent is the key • Why do the people need to be protected against themselves? |
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How is the Constitution a Bill of Rights?
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• Provisions that protect rights by protecting against arbitrary government
• Much more than a “parchment barrier” • The structures of the Constitution are intended to create a limited government, a government that could control itself |
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Why have narrowly
constructed rights? |
• Clearer interpretation
• Easier to enforce |
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Why have broadly
constructed rights? |
• Narrow rights insufficiently cover
potential problems • Easier to get agreement • Sometimes a ringing declaration is necessary |
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What are some cons to broadly constructed rights?
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conflict (multiple interpretations)
inclusion (Westboro Church) interpretation (Gives power to Judges) |
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Define Judicial Review
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• The power of the judiciary to declare laws or other acts of government unconstitutional
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What is the importance of Marbury v.s Madison?
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established judicial review
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Marbury vs. Madison: Adams
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incumbant Pres.
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Marbury vs. Madison: Jefferson
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new Pres.
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Marbury vs. Madison: Marshall
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old sec. of state
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Marbury vs. Madison: Madison
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new sec. of state
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Marbury vs. Madison: Marshall
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old sec of state
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Marbury vs. Madison: John Marshall
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Chief Justice over the case
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Judiciary act of 1789
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says that cases involving writs of mandamus go directly to the supreme court
declared unconstitutional due to Marbury vs. Madison |
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original Jurisdiction
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cases that go strait to the Supreme Court
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Appellate Jurisdiction
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cases that go to lower courts before the Supreme Court
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Who is of the opinion that the constitution gives too much power to minorities and that the electoral college is bunk?
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Robert Dahl
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What does the judicial lack?
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The sword and the purse.
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Plurality
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• The largest block of
all votes cast |
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Majority
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• More than half of
all vote cast |
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What are some Criticisms of the Electoral College?
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1. Electors do not exercise independent judgment
2. Popular vs. Electoral Winners 3. Unequal representation |
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What are some cons to the winner-takes-all aspect of the electoral college?
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• Reduces the incentives of a presidential
candidate to compete in “safe” states • Reduces the incentives of third-party candidates to run for president • May weaken the incentives of voters in “safe” states to participate |
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Single-member
Representative Districts |
• Each geographical region elects a single representative, independent of the outcome in other regions.
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Proportional Representation
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• Aims for a close match between the percentage of votes each group or party receives and the number of seats in the legislature.
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gerrymandering
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People re-drawing district boundaries to increase their influence in single-member representative district voting
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“Political parties created modern democracy
and modern democracy is unthinkable save in terms of the parties.” |
E.E. Schattschneider
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Where do parties come
from? |
• Differences in political ideals and goals
• The need to organize and win in politics |
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Democratic-Republican Party
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Small Gov.
Self-sufficient citizens Narrow interpretation of Constitution against National Bank |
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Federalist Party
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Empirialistic
Big Gov. Broad interpretaion of Constitution for National Bank |
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What are three elements of democritization?
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Democratization
• Extension of right to vote • Elimination of filters of consent • Electoral appeals to the masses |
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What is the difference between parties and factions?
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parties tend towards moderation
factions can be extreme |
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Sectionalism
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• Each region develops a separate identity, lifestyle, political and economic morality, and sense of destiny
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What were John C. Calhoun's views?
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slavery is the most safe and stable basis for society
the Northern majority is tyrranical slavery should be decided by the states |
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What were Fitzhugh's views?
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Northern workers are treated worse than slaves
Slaves have freedom we don't agree with "consent" must enslave the weak to protect them |
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What were Hammond's views?
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Slaves are treated well while there are beggars in the north
Society needs rulers and menials |
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Gouveneer Morris
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wrote preamble to constitution
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Robert Paterson
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wrote NJ plan
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Roger Sherman
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wrote the Connecticut plan and the great compromise
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Federalist
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supported big gov. and ratification of the Constitution
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Federalist party
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extreme federalists, wanted big, big, gov.
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Federalism
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wanted federal government with state gov.
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11th Amendment
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Idividuals can't sue a state
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12th Amendment
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The Pres. and Vice President must be on the sam ticket
Electoral College |
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13th Amendment
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slavery abolished
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14th Amendment
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all have citizenship
equal protection clause |
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15th Amendment
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all men can vote
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1st article
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legislative
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2nd article
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executive
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3rd article
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Judiciary
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4th article
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movement between the states
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5th article
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amendment process
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6th article
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debts and supremacy clause
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7th article
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radification process
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1st amendment
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freedom of speech and religion
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2nd amendment
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bear arms
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3rd amendment
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quartering soldiers
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4th amendment
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search and seisure
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5th amendment
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plead the 5th
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6th amendment
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speedy and public trial
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7th amendment
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trial by jury
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8th amendment
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cruel and unusual punishment
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9th amendment
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can't misconstrue rights to deny other rights
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10th amendment
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states get all the other rights
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Roger Taney
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Chief Justice over Dred Scott case
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John Bell
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Ran against Lincoln
"must keep the union together" |
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Stephen A. Douglas
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Ran against Lincoln
"let the states decide on slavery" |
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John C. Breckinridge
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Ran against Lincoln
"preserve the union, preserve slavery" |
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What were Lincoln's platforms in the election of 1860?
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Preserve the Union,
but gradually abolish slavery • Nation cannot survive half-slave and half-free |
