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PSC - exam
State of nature thru McCulloch vs. Maryland
| Question | Answer |
|---|---|
| Which Article and Section of the Constitution lists Congress' enumerated powers? | Article ONE Section EIGHT |
| The Supremacy Clause in Article VI declares what? | Declares the constitution and the laws of the U.S. the supreme law of the land |
| Which part of the Constitution declares that all powers NOT delegated to the national government are reserved to the people or the states? | The TENTH amendment |
| Where is the Judiciary is discussed? | Article THREE |
| Judicial power extends to...? | All cases in law and equity arising under the constitution, cases affecting ambassadors, and treaties |
| Why do men enter into government? | To secure and protect their lives and property |
| What are the main disadvantages of the state of nature? | 1.) There is no settled, known law. 2.) There is no power to execute the law or the decisions of a judge in a safe and effective manner 3.) Men are judges in their own case and are likely to go too far in seeking retribution |
| How is government designed to overcome the disadvantages of the state of nature? | 1.) Rule of law -- legislature 2.) President -- executive 3.) Judicial branch -- judicial |
| What is the state of nature? | What man would be like without government. (preserve self, preserve others - as long as self is safe, and unlimited liberties) |
| What does equality mean for the Declaration of Independence? | Life, liberty, and the pursuit of happiness. Basic rights |
| What is the only just basis of government? | Government is a contract that we all consent to. It's purpose is to protect people's natural rights. You can't rule over someone against their will. |
| Why does Abraham Lincoln reject Dred Scott and Stephen Douglas' understanding of the Declaration of Independence? | Their understanding would limit the scope of the declaration. the declaration set a goal for the country to aim for over time. |
| Under the Articles of Confederation, who appoint the representatives to the national Congress? | The state legislatures |
| Under the Articles of Confederation, how did states vote? | Each state had one vote, regardless of size |
| What are some of Madison's main objections to the Articles of Confederation? | Failure of the states to comply with the Articles States exercising properly national powers and violating national treaties States trespassing on the rights of others No uniformity in commercial affairs & regulations |
| What are some more of Madison's objections to the Articles? | No sanction for disobeying national laws State laws unstable, continually changing, too numerous, and unjust majority factions in the states Reps usually motivated by ambition People motivated by their own self intersts |
| Why does Brutus oppose judicial review? | The constitution provides for it. Gives the judiciary branch so much power. |
| Who were the Anti-Federalist? | People that argued against the Constitution. Multiple people whose arguments didn't always agree with one another. |
| What are some of the main objections that Brutus and the Anti Federalist has against the Constitution? | 1)Against judicial review 2)Wanted a bill of rights 3)President seemed like a potential king 4)Senate an aristocracy 5)Not enough reps in house 6)Feared strong national gov 7) Commerce + Necc. & Prop Clause too broad 8) Taxing power |
| According to Eakin v Raub, which branch should ultimately interpret the meaning of the Constitution? | Legislative branch |
| Which branch should interpret the Constitution according to Jefferson? | Every branch should have their own interpretation of the constitution |
| Why is judicial review necessary? | 1) protects against tyranny 2) having the courts makes us more responsible 3) limits on gov's powers are pointless if they aren't backed up by the court |
| How is judicial review consistent with republican government? | 1)constitution is the voice of the people 2)assumes that the constitution's meaning is clear |
| Why is the judiciary the least dangerous branch? | They have neither force nor will, just judgement |
| What are some of the reasons Brennan rejects original intent interpretation of the Constitution? | It's arrogant to think that we could understand what they were thinking. Trying to figure out what they needed from a 21st century mind is impossible. |
| Why does Bork believe that original intent is the only interpretive method consistent with democratic principles? | If we abandon the founder's standards then the act of judging is arbitrary |
| According to Brutus, why do republics governments have to be small? | to understand the people's interests large populations turn into empires and freedom will be lost |
| What characteristics would a representative have for Brutus? | be interested in the people's interests willing to listen to the majority and do what's best for the majority |
| According to Federalist 10, what is the primary problem of republican government? | It only works in small populations |
| How does a large, extended republic help to overcome the problems of republican governments? | A large republic is not so narrow minded. They aren't state minded, they are nation minded. |
| What is the purpose of a national representative for Federalist 10? | To have someone who will look out for the interest of the people, not just the majority. Someone that is willing to do what's best for the whole, not just the elite. |
| Who wrote the opinion of the Court in Gibbons v Ogden? | John Marshall |
| Is "strict construction" a legit method of interpreting national power? | yes... |
| Does commerce have a broad or narrow meaning in the opinion given in Gibbons v Ogden? | broad |
| Does commerce include activities such as navigation? | yes |
| Can commerce be extended to the regulation of activities inside state borders? | yes |
| What is the difference between interstate and intrastate commerce? | Interstate commerce is movement between states. Intrastate commerce is the movement within a state. |
| What is the background in the case U.S. vs E.C. Knight? | American sugar company bought out E.C. Knight sugar company, so then they owned 98% of sugar factories |
| What important distinction does the majority opinion draw in E.C. Knight? | Farming, mining, or manufacturing are distinct from commerce. Commerce is the movement of goods. |
| What is the police power of a state? | we have a national government to do limited powers. the states have broader leeway. |
| Who wrote the dissent in the case U.S. vs E.C. Knight? | John Marshall Harland |
| Does the dissent in E.C. Knight seem to agree or disagree with the majority opinion in Gibbons vs. Ogden? | agrees with. Both John Marshall's thought the same |
| What is the background of the case Wickard vs. Filburn? | Wheat farmer exceeds his 11.1 acreage allotment by 12 acres and penalized for doing so. He sued saying that the excess wheat was unrelated to commerce since it was grown for his own use - which would make it beyond Congress' interstate commerce power. |
| What is the background of the case U.S. vs Lopez? | 12th grader (Lopez) brought a gun to school. The state filed charges, but those were dropped when federal agents charged him with violating the Gun Free School Zones Act - act was passed under authority of interstate commerce |
| What is the background of the case Gonzales vs. Raich? | The DEA seized medically prescribed marijuana saying that having the drug violated the Controlled Substance Act(CSA). The users sued saying that the CSA exceeded Congress' commerce power |
| Why are implied powers necessary to government? | 1)ever power written gives the government the implied power to make sure their expressed power is being used effectively 2) to deny these powers would make the constitution a dead letter |
| Why didn't the Convention simply list all implied powers in the Constitution to remove all doubt? | 1) Be an insanely long list 2) Couldn't possibly still be relevant for future generations 3) Barely agreed on everything which is why they left it up to the people in charge |
| What defenses are there if Congress abuses the necessary and proper clause? | 1) Judiciary could call the decision unconstitutional 2) President doesn't have to consent with congress and choose not to follow their ruling 3) Will of the people 4) Federalism |
| How does Jefferson interpret the meaning of the Necessary and Proper clause? | its a legal issue, not political |
| How does Jefferson define necessary? | ABSOLUTELY necessary. Something that 100% NEEDS to be done. ex: breathing to live. Eating to get nutrition. |
| How does Hamilton interpret the meaning of the Necessary and Proper clause? | its a political rather than a legal issue. it is broad so that we can deal with unpredictable emergencies |
| How does Hamilton define necessary? | Convenient. Something that should be done because things would be easier that way. ex: studying to pass a test. going to class to learn the material. |
| Why does Jefferson reject Hamilton's argument on the necessary and proper clause? | it's too loose. many things would be more convenient for congress to do, but that isn't in their power to decide. |
| Why does Hamilton reject Jefferson's argument on the necessary and proper clause? | such a strict interpretation of the constitution would kill the document. plus, when the writers wanted something set in stone they used words like "absolute" |
| Who does John Marshall agree with in his majority opinion in McCulloch vs. Maryland? | 1) Hamilton 2) The national government |
| According to Marshall, can Maryland tax a branch of the National Bank? Why or why not? | No. 1) the national gov is supreme by the constitution 2) State sovereignty doesn't extend to operations of the national gov 3) People can't interfere with the gov of all the people 4) All states would try to tax multiple levels of the national gov |
| What is judicial review? | Power of the court to take recognition of the constitution |
| What is judicial supremacy? | Only the judicial branch of government decides what the Constitution means. Once the court decides, everyone else has to deal with it. |
Created by:
laurenash
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