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127 Cards in this Set
- Front
- Back
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Patterson believes that self-government and limited government are wholly compatible since these concepts mean the same thing
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F
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The idea of popular government--in which the majority's desires have a more direct and immediate impact on governing officials--has gained little strength since the nation's beginning
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F
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The British Parliament was simply a rubber-stamp institution that bowed to the powers of the monarch
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F
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The American colonies had an elected representative assembly which was subject to British oversight.
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T
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Locke held that people have inalienable rights, but unlike Jefferson, Locke argued that people may never rebel against a ruler who tramples on these rights
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F
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The Declaration of Independence was a call to form a new government and not to revolution
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F
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. In spite of the weaknesses in the Articles of Confederation, the central government was allowed to tax the states
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F
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The Virginia Plan was concocted by Patrick Henry to the delight of Alexander Hamilton as a means of derailing the constitutional convention and maintaining confederation
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F
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After an extended debate at the constitutional convention between southern and northern delegates, a compromise was reached whereby Congress would have the authority to tax imports but would be prohibited from taxing exports.
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T
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Most of the Framers of the Constitution had no objection to slavery and were indeed enthusiastic about its legitimation in the document
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F
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. How does the Constitution provide for limited government?
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by defining lawful powers and dividing those powers among competing institutions
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. Why did the 1765 Stamp Act violate the fundamental rights of the colonies as “British subjects and men?”
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Because the colonists had no representation in the British Parliament,
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. Why did Daniel Shays initiate a rebellion after the Revolutionary War?
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Shays and his men were promised back pay and no taxes on their property, commitments that went unfulfilled
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What conditions were required in the New Jersey Plan?
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It stipulated that congress would have a single chamber with each state receiving a single vote.
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. To increase the chances that the Constitution would be ratified, what strategy did the delegates of the Constitution apply?
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they violated the Articles of Confederation by requiring ratification by nine states through special conventions
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Madison and Hamilton argued that the government of the Constitution would
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correct the defects in the Articles through a system of separation of powers
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. A system of government in which power is divided between the national government and the states
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federalism,
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. In a monarchy, which government department is the greatest source of danger for Madison?
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EXECUTIVE
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. A court order that directs an official to take a specific action:
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writ of mandamus
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Why was Marshall’s decision in Marbury ingenious?
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) Because it asserted the power of judicial review without creating the possibility of its rejection by either the executive or the legislative branch
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Officeholders are delegates who are obligated to carry out the expressed opinions of the people they represent:
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Burkean idea
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Having supreme and final authority
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SOVEREIGNTY
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The Constitution's division of governing authority between two levels, where sovereignty rests with both the national government and state governments is referred to as:
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FEDERALISM
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. A confederacy is a system of government where
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the states retain their sovereignty
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What areas of the Constitution could lead to an expansive national government?
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the "necessary and proper" clause
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Which of the following gives Congress the power to make all laws which shall be necessary for implementing and expanding the enumerated powers?
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ELASTIC
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The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States
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RESERVED POWERS 10 AMENDMENT
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According to Robert Dahl, most democracies operate as majoritarian systems as opposed to pluralistic systems (t/f)
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False
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Compared with European constitutions, the US Constitution places a greater number of restraints on majority power (t/f)
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True
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A free market system operates mainly on private transactions. Firms are largely free to make their own production, distribution, and pricing decisions (t/f)
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True
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What stalled the health care billof 2009 in Congress?
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Most americans believe that the government has no business providing them with health care and want to kill Medicare
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He said that "democracy is the best form of government:
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John Stuart Miller
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Why do Amercians favor less social welfare assistance than their West European counterparts, according to Patterson?
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Because Amercians believe that such assistance erodes a person's self-reliance and inevitably, Independence and self-esteem
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Those who prevail in political conflicts are said to have:
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power
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The most extreme political system
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totalitarianism
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The following holds that on most issues the preference of the special interest largely determines what government does:
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Pluralism
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the recognized right of officials to exercise power:
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authority
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How does the Constitution limit the power of oppressive majorities?
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separation of powers
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The following holds that there are lawful restrictions on government's power; that there are basic rights that government cannot deny or abridge
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constitutionalism
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The landmark Supreme Court decision that resulted in requiring a defendant an attorney and if he/she could not afford, the government would a lawyer:`
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Gideon VS Wainwright
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What percentt of all lobbyists in the nation's capital represent business firms?
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66%
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According to Locke, in the state of Nature men have absolute freedom, equality, and liberty? (t/f)
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False
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According to Locke, what is the great or chiefend of uniting into a commonwealth and forming a government?
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Preservation of property
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In the system formulated by locke, which branch of government is supreme in a commonwealth?
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legislature
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For locke, the legislature is to govern according to the following principle:
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it maintains its lawmaking authority to itself
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Patterson believes that self-government and limited government are wholly compatible since these concepts mean the same thing. (t/f)
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False
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In spite of the weakness in the Article of Confederation, the central government was allowed to tax the states. (t/f)
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False
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The Virginia Plan was concocted by Patrick Henry to the delight of Alexander Hamilton as a means of derailing the constitutional convention and maintaining confederation. (t/f)
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False
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According to Patterson a system of government that places strict limits on the uses of power:
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limited government
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The following requires that the majority, through its representatives, has the power to rule:
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self- government
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The constitution provide for limited government?
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by defining lawful powers and dividing those powers among competing institutions
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Why did the 1765 stamp act violate the fundamental rights of the colonies "British subjects and men?"
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Because the colonists had no representation in the British Parliment
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The following provided for a bicameral legislature with representaion in the House based on population while representation in the Senate would be based on state equality
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the Great Compromise
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To increase the chances that the Constitution would ratified, what strategy did the delegates of the Constitution apply?
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the violated the Article of Confederation by requiring ratification by nine states through special conventiond
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Madison and Hamilton argued that the government of the Constitution would:
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correct the defects in the Article through a system of separation of powers
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THis doctrine was designed to prevent any group from gaining control of the national governmental apparatus
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separation of power
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Prior to the Constitution's incorporation, Pennsylvania's lagislature proved that the majority of the people would protect the rights of the minority against the abuses of government. (t/f)
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False
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In the british government system, the judiciary has the power to review the constitutionality of parliamentary acts. (t/f)
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False
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In their wisdom to achieve an effective central government, the framers of the constitution explicitly granted the judiciary the power of judicial review (t/f)
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False
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The constitution has some provisions for direct popular participation in making of policy decisions (t/f)
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False
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Unlike the House of Representatives, institutions such as the Senate, presidency, and judiciary would bot yield to an impassioned majority in a single election (t/f)
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True
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Political parties have created the means of uniting public authorities and linking them with popular majorities (t/f)
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True
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Charles S. Beard finally reserved himself on his claim that the Constitution was designed to protect the interests of the wealthy rather than to promote self-government (t/f)
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False
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the link between an electoral majority and a governing majority is less direct in the American system then in nearly allother democracy (t/f)
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True
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What did history teach framers of the Constitution?
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in times of stress popular majorities have often recklessly trampled on the liberty of others
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What type of government system did the framers ultimately support when creating the Constitution?
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a system of separated but overlapping powers that would require factions to work together; thus moderating demands
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No institution can act decisively without the support or acquiescence of the other institutions
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check and balances
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Government could not lawfully engage in actions, such as the supression of speech or trial by jury, that were not authorized by the Constitution
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expressed powers
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What subsequent changes to the United States governmet system were designed to lower barriers and increase the power of voting majorities?
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party nominations for public office
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Progressive reforms of state and local governments included
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recall elections
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Which of the following is true in a parliamentary system
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the legislative and executive power are aquired through winning a legislative majority in national election
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The constitution was created to strike what sort of delicate balance?
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governmental power and individual liberty
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Tribe and Dorf embrace the notion that the Constitution is an infinitely malleable Constitution (t/f)
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False
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The government of the Articles of Confederation was essentially a league of sovereign states. (t/f)
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True
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By augmenting the authority of the national government, argued Hamilton, would destroy state sovereignty. (t/f)
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False
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At the time that ratification of the Constitution was being considered, hamilton wrote that the states were far more powerful than the proposed national government (T/F)
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True
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Hamilton argues that the resources of the proposed union would not be adequate to maintain an army to enforce its decrees (T/F)
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False
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"a national government", Hamilton stresses, "must be created that would regulate the common concerns with the power to execute its own resolutions" (t/f)
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True
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A state may not only obstruct, adds Hamilton, but it can initiate and direct an active resistance against the national government government to any decision it may find offensive (t/f)
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False
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Hamilton believes that persons entrusted with the administration of the national government will want to usurp the authority of the states based on the latter's responsibilities (t/f)
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False
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What are to be the four broad areas of responsibility assigned to the federal government according to Hamilton?
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commerce,finance, negotiation, and war
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According to Hamilton, it will always be far easier for the state government to encroach upon the national government than the reverse (t/f)
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True
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Americans poses what amounts to dual citizenship: they are citizens both of the United States and of the state where they reside (t/f)
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True
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Federalism had a clear basis in political theory that was applied by the Founder at Philadelphia when designed the American political system (t/f)
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False
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Theorist such as Locke and Montesquieu had not proposed a division of power between national and local authorities as means of protecting liberty that was applied in the United States (t/f)
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True
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The Constitution delineates the dividing line between interstate commerce and intrastate commerce (t/f)
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False
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John Marshall's opinions served to establish the United States as a nation by expanding the central government's powers over the states compelling the latter to obey the former's laws (t/f)
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True
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Having supreme and final authority
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sovereignty
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A confederacy is a system of government where
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the states retain their sovereignty
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According to Madison the problem with small republic
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is the fact that a dominant faction can more easily gain power
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What areas of the Constitution could lead to an expansive national government
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The necessary and proper clause
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Which of the following gives Congress the power to make all laws which shall be necessary for implementing and expanding the enumerated powers?
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elastic clause
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Powers that are not listed in the Constitution but are a direct consequence of the enumerated powers
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implied powers
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" The power not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States"
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reserved powers stemming from the Tenth Amendment
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How did Marshall decide the McCulloch case
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he based his arguments on the theory of implied powers and the fact that a valid national law prevails over conflicting state law
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John C. Calhoun argued that the Constitution had created a government of states...not a government of individuals, which led to his famed doctrine:
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nullification
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What arguments did the taney Court apply to reject Dred Scott's lawsuit?
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It invalidated the Missouri Compromise, claiming that slaves were property, barred from citizenship and therefore could not sue for their freedom
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In federalist 39 Madison said that the incorporation of the Constitution required agreement among the states; therefore it was a federal not a national act (t/f)
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True
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According to Madison the senate derives its authority indirectly from the people (T/f)
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True
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Ratification of the Constitution would occur by
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deputies elected for that purpose, representing the states
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The house of Representatives represent a national, not a federal principle according to Madison (t/f)
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True
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If there is a dispute between the federal and the state government over jurisdiction, argued Madison, what would resolve the dispute?
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a Tribunal
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The amending process includes both federal and national principles according to Madison (t/f)
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False
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For the first few decades after the passage of the Fourteenth Amendment, the Supreme Court came to the defense of blacks who were being abused by "Jim Crow" laws and structures (T/F)
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False
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Through its rulings after the Civil War, the Supreme Court provided a constitutional basis for uncontrolled economic power (t/f)
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True
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The Constitution's commerce clause spells out the government's role over economic activities including Congress's participation (t/f)
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True
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According to Patterson, the relation of the national government to the states is still accurately described by dual federalism (t/f)
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False
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Unlike Roosevelt's New Deal, which dealt mainly with the economy, Johnson's Great Society focused more with social welfare issues which have an indirect constitutional basis (t/f)
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True
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In spite of what conservative critics may believe, the Constitution does grant Congress the power to regulate social welfare (t/f)
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False
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After the 1930's the supreme Court ruled that the line designated the constitutional role for the states was quite clear (t/f)
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False
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One of the major after-effects of 9/11 is the dramatic slowdown of devolution(t/f)
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True
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A precise separation of national and state authority where power is distinct to each
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dual federalism
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Dual federalism became a barrier
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protecting former slaves from state abuse
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In what infamous decision of 1896 did the Supreme Court established the so-called "separate but equal" doctrine that legitimized "Jim Crow?"
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Plessy vs ferguson
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The doctrine which holds that business should allowed act without interference
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laissez-faire capitalism
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In the case involving a sugar monopoly in 1890, why was the Supreme Court's decision contradictory and even cynical?
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Because earlier, the Court had essentially stripped the states' of the ability to regulate manufacturing by misinterpreting the Fourteenth Amendment
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How did the Supreme Court invalidate a 1916 federal act that prohibited the interstate shipment of good produced by child labor (Hammer v Dagenhart)?
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Based on the Tenth Amendment, the Court majority ruled that such practices could only be regulated by the states
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In Schechter v United States (1935), the supreme Court:
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invalidated the National Recovery Act
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1n 1937, in an effort to end the stalemate with the Supreme Court, President Franklin Roosevelt attempted to
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pack the Court with additional justices based on the age of sitting member
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What is meant by fiscal federalism
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the expenditure of federal funds on programs run in part through state and local government
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What was the most significant legislative change made by the Republic controlled Congress in 1996?
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Welfare Reform Act
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In Kimel v Florida board of Regents (2000), the Supreme Court ruled that:
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states cannot be sued by their employees government for violations of federal age discrimination laws
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According to Woll, by embracing the doctrine of implied power, Congress may now regulate what is essentially interstate commerce (T/F)
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False
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In Mcculloch, Marshall says that the federal government, though limited in its powers, is supreme within its sphere of action (t/f)
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True
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From the enumerated powers of government, we do find the word bank or incorporation, argues Marshall "we find the great powers to lay and collect taxes; to borrow money; to regulate commerce, which he assumes gives the federal government such authority (t/f)
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False
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For Marshall " A sound construction of the Constitution must allow to the national legislature that discretion" to perform its assigned duties "in manner beneficial to the people" (t/f)
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True
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In gibbons v Ogden, the Court ruled that in the area of Commerce, the federal government is also supreme and can do anything and everything to achieve its responsibilities as long as it does not violate the Constitution directly (t/f)
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False
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