Quiz 2 Study Guide: The U.S. Constitution

Flashcards reviewing key concepts, proper terms, figures, and foundational principles from Quiz 2 Study Guide on the U.S. Constitution.

What main structural additions and changes were made in shifting from the Articles of Confederation to the Constitution?

The Constitution added a new federal executive and judicial branch, and shifted the legislature from a unicameral (one chamber) system to a bicameral (two chamber) system.

What two key federal powers were newly recognized under the U.S. Constitution?

The power to tax and the power to regulate interstate commerce.

According to the Constitution, what is included under the power to regulate interstate commerce?

Commerce between the different states, commerce with foreign nations, and Indian tribes.

How did state representation in Congress change between the Articles of Confederation and the Constitution?

It shifted from equal state representation under the Articles to a mix of proportional representation in the House of Representatives and equal representation in the Senate under the Constitution.

According to the Supremacy Clause, what three components make up the supreme law of the land?

1. The Constitution
2. Laws of the U.S. made "in pursuance thereof" (Constitutional laws)
3. Treaties

What is the meaning of "made in pursuance thereof" regarding federal laws under the Supremacy Clause?

Federal laws are only supreme if they are passed in accordance with the powers granted by the Constitution.

How are enumerated, reserved, and concurrent powers categorized between federal and state governments?

Enumerated powers belong to the federal government, reserved powers belong to the states, and concurrent powers are held by both the federal government and the states.

What is the primary function of the 10th Amendment?

It keeps the federal government limited by stating that any powers not given to it are reserved to the states or the people.

According to James Madison in Federalist 39, is the U.S. Constitution national or federal?

It is a mixture of both national and federal.

What are the methods of selection and terms of office for the key institutions of the federal government?

• House of Representatives: Directly elected by voters; 2 years • Senate (pre-1913): Indirectly elected by state legislators; 6 years • Senate (post-17th amendment; 1913): Directly elected by voters; 6 years • President: Indirectly elected by Electoral College; 4 years • Federal Judges: Nominated by president, confirmed by Senate; Lifetime tenure • Bureaucratic Agency Heads: Nominated by president, confirmed by Senate; No fixed term

How did the 17th Amendment (1913) change the selection of U.S. Senators?

It removed the power to choose U.S. Senators from state legislatures and gave that power directly to voters in each state.

In Federalist 10, what main problem does James Madison address, and how is it defined?

Madison addresses factions, which are a number of citizens (majority or minority) united by a common passion or interest that is opposed to the rights of others or the common good.

Why does Madison argue in Federalist 10 that a large republic is better than a small republic for combating factions?

A large republic contains a greater variety of opinions and interests, making it less likely that a faction can find a majority opinion to latch onto and oppress the minority.

According to Federalist 10, what role does the legislature play in shaping public views?

It serves to "refine and enlarge the public views by passing them through a body of representatives" who filter out temporary or biased opinions to focus on the good of the country.

What is the key distinction between "separation of powers" and "checks and balances"?

"Separation of powers" keeps the different branches of government distinct so no single branch holds too much power, whereas "checks and balances" allows the branches to interfere with and check each other's actions.

How does the Constitution ensure judicial independence, and what is the judiciary's main check against the other branches?

Judicial independence is ensured by giving federal judges lifetime tenure during "good behavior". Their main check is judicial review—the power to declare actions or laws of Congress or the President unconstitutional.

What are the roles and voting requirements for the House of Representatives and the Senate in the impeachment process?

The House of Representatives has the sole power of impeaching federal officials (requiring a majority vote of 218 out of 435, or 50%). The Senate has the sole power to trial impeachments as the jury (requiring a 2/3 vote to convict).

How does Madison propose to combat human ambition in Federalist 51?

By constructing a system where "ambition must be made to counteract ambition," allowing one person's ambition to counteract another's.

How do checks and balances and federalism differ in how they divide governmental power in Federalist 51?

Checks and balances divide power horizontally within the federal government (between branches), while federalism divides power vertically between the national government and the state governments.

What three schools of constitutional interpretation are identified in the notes?

Textualism, originalism, and living constitutionalism.

What are the three views on who holds the final authority for interpreting the U.S. Constitution?

Judicial supremacy, departmentalism, and state nullification.