US Government & Constitution: Key Cases, Theories, and Historical Insights

Fed 10

factions

Best way to control negative effects of factions?

large republic

More Factions means

more difficult to form a majority

No modern president has ever been as powerfull as

FDR

Was Truman a powerful president?

Yes

When congress didnt declare war on korea

Truman sent troops anyway

Did Truman run for reelection in 1952?

no

What did Truman try to get the Secretary of Commerce to do?

Take over steel companies

What excuse did Truman use for taking over steel companies?

It was a national emergency

Did the Supreme Court side with Truman or the Steel Companies?

Steel Companies

Wisconsin v. Yoder (1972)

The Court ruled that Wisconsin could not require Amish parents to send their children to public school beyond the eighth grade because it would violate long-held religious beliefs. 1st Amendment

Shaw v. Reno (1993)

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. 14th Amendment

Citizens United v. FEC (2010)

corporations have a 1st Amendment right to expressly support political candidates for Congress and the White House. 1st Amendment

Gideon v. Wainwright (1963)

Gideon was convicted of stealing change from a public pool hall and court would not appoint lawyer. Ordered states to provide lawyers for those unable to afford them in criminal proceedings. 6th Amendment

Tinker v. Des Moines (1969)

Guaranteed a student's right to protest (wearing armbands). 1st Amendment

New York Times v. US (1971)

Ruled that in order to exercise restraint, the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger. 1st Amendment

Brutus was

against the constitution

According to Brutus, once people give up power to the gov, how often can they get it back?

They can only get it back by force

Brutus said constitution was a choice between

13 sovereign states or one large centralized gov

Brutus said these two clauses that would give gov unlimited power?

Elastic and Supremacy

Brutus doesn't like elastic clause because...

Gives the congress alot of power to do many things (must be an enumerated power)

Brutus doesn't like supremacy clause because...

it makes national laws supreme over state laws

Brutus says a standing army will lead to...

the destruction of liberty

Brutus says that people with power will...

seek to gain more power

Brutus says that federal courts will...

strike down state laws

Brutus says that historically...

the only sucsessfull republics are small and republics become tyrranies when they become large empires

Brutus says that too many representatives will...

make congress unable to function (political gridlock)

Brutus says diversity is a problem because...

only republics with similar views will work

Brutus says that in large republics with small legislature and few representatives...

the people arent really represented

Resons the Articles of Confederation failed:

1. Didn't give nat gov power to tax

2. AOC made no provisions for an independent leadership position to directly govern

3. Didn't allow nat gov to regulate interstate/foreign commerce

4. The AOC couldnt be amended without unanimous desicion

What constitution established the US?

Articles of Confederation

Was the national government strong or weak under the Articles of Confederation?

Weak

In a confederation, which is stronger? The states or the central gov they create?

States

What was the goal of the delegates who wrote the AOC?

To retain power in the states

Was the US economy strong after the Revolutionary War?

No

Why didn't the national army help Massachusetts put down Shay's Rebellion?

Congress was scared by the threat of domestic upheaval

Type of Democracy where the country's leader is chosen by its legislature?

Parlimentory

How is a free press a check on government power?

It keeps the government honest by telling people about mistakes or misuses of power.

Which type of government can act quicker?

Authoritarian

Which type of governement corrects its mistakes better?

Democracy

Magna Carta

the royal charter of political rights given to rebellious English barons by King John in 1215

Under the AOC states adopted...

bills of rights

Under the AOC which group had more influence? Middle class or the rich?

middle class

What is Fed 51 about?

checks and balances

separation of powers

According to Madison who is going to keep the branches in there proper places?

The other branches

What does Madison mean by the statement, "Ambition must be made counteract ambition?"

Ambitous people will counteract each other

Lamanna describes our gov as what?

A three way game of tug of war

According to Madison, why do we need a gov?

Because without one there would be chaos

According to Madison, why do we need to limit gov power?

Leaders aren't perfect

According to Madison, government must be _______ but also _________

strong enough to protect peoples rights

not strong enough to take them away

According to Madison, which branch would be most powerfull? What is his solution?

Legislative

he divided it into two houses

Why did Madison want it to be difficult to pass laws?

To prevent unfair laws

According to Madison, what other govs will keep the 3 branches in check?

State govs

According to Madison, what is the purpose of government?

to protect rights

According to Madison, what is the best type of gov to acheive justice?

A large republic with a pinch of federalism

Article 1

creates the legislative branch

Article 2

Creates the executive branch

Article 3

creates the judicial branch

Article 4

establishes rules for states

Article 5

Amendment Process (2/3 of congress plus 3/4 of states)

Article 6

Supremacy Clause

Article 7

explains ratification process

Article 1 Section 8

lists specific powers of Congress

Article 1 Section 9

Powers denied to Congress

Article 1 Section 10

Limits on States

Philosophy of Founding Fathers

1. Believed that ppl are selfish and make dumb decisions

2. Groups of ppl with a common intrest (factions) are dangerous because they only look out for themselves

3. You cant stop groups from forming so you have to keep them from gaining too much power

Conneticut Compromise

Bicameral Congress; House is based on state population, Senate with equal representation

Who is elligible to vote?

States choice

Slavery?

States choice

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison to defend the Constitution in detail.

Anti-Federalist Papers

a series of 85 essays written to counter and defeat the proposed U.S. Constitution (Brutus)