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The Bill of Rights, Habeas Corpus, and Checks and Balances
How did the founders of the U.S. Constitution attempt to protect individual liberty, while promoting public order and safety? Protecting individual liberty:
Full faith and Credit, Supremacy Clause, and need for supermajorities to amend the Constitution
How did the founders of the U.S. Constitution attempt to protect individual liberty, while promoting public order and safety? Promoting public order and safety:
A belief in limited government, natural rights, popular sovereignty, republicanism, and social contracts
How have theory, debate, and compromises influenced the U.S. Constitutional system? Theory:
Federalist 10 (advocated a large republic of elective officials to control factions, and a federal system) vs. Brutus 1 (wanted a small, decentralized republic; said personal liberties were in danger from a strong central government).
How have theory, debate, and compromises influenced the U.S. Constitutional system? Debate:
The Great (Connecticut) Compromise (bicameralism); the electoral college; the three-fifths compromise; ending slave importation in 1808.
How have theory, debate, and compromises influenced the U.S. Constitutional system? Compromise A:
Article V (amendments need super majorities in congress and from states)
How have theory, debate, and compromises influenced the U.S. Constitutional system? Compromise B:
Article VI (supremacy clause) v. tenth amendment (still generating debate (fed/anti-fed)
How have theory, debate, and compromises influenced the U.S. Constitutional system? Compromise C:
Debate over government surveillance after 9/11 (FISA; TSA) and the federal government’s role in public education
How have theory, debate, and compromises influenced the U.S. Constitutional system? Compromise D:
Explains how constitutional provisions of separation of powers and checks and balances control abuses by majority
Federalist 51
Bicameralism; lengths of terms of office; origins of fiscal bills (start in house); Senate “advice and consent”
The legislative branch is divided by:
The veto
The executive branch is fortified against the legislative by:
Belong to either the federal or state governments only. Concurrent powers such as taxation, belong to both
Exclusive powers:
A government unit’s apportioning a part of its tax revenue to other units of government, such as the national government sharing revenue with the states
Federal Revenue Sharing:
The powers not given to the federal government, or denied to the states, are reserved to the states or to the people
Tenth Amendment:
Negotiating foreign treated and coining money
What powers are denied to the states?
The Commerce Clause
Which clause in Article One, Section Eight has led to an increase in the power of the national government over the states?
Established the concept of implied powers, and established supremacy of the Constitution and federal law over the states
How did the following SCOTUS precedents affect the relationship between the national government and those of the states? McCulloch v. Maryland (1819):
Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of state sovereignty and local control. (Gun free school zone act of 1990)
How did the following SCOTUS precedents affect the relationship between the national government and those of the states? Us v. Lopez (1995):
National policy making is constrained by the sharing of powers between the branches and state governments, and creates multiple access points for citizens to influence policy (compound republic).
Explain how the distribution of powers among the three federal branches and between national and state government impact policy making.
Natural rights, popular sovereignty, republicanism, and the social contract
The US government is based on the ideas of limited government, which includes:
The Declaration of Independence
What founding document provides a foundation for popular sovereignty?
The Constitution
Which document, drafted in Philadelphia with input from Madison, Hamilton, and the members of the “grand committee”, provided a blueprint for our unique form of democracy int he United States?
Participatory democracy
Representative democracy that emphasizes broad participation in politics and civil society:
Pluralist democracy
Representative democracy that recognizes group-based activism by nongovernmental interests striving for impact on political decision making:
Elite democracy
Representative democracy emphasizing limited participation in politics and civil society:
Contemporary institutions and political behavior
These three forms of representative democracy continue to be reflected in:
Federalist 10 and Brutus 1
Which of the two Federalist Papers reflect on the tensions between the broad participatory model and the more filtered participation of the pluralist and the elite models?
It would create a bigger pool of good leaders, and would make it more difficult for a demagogue to win election
What are a couple of reasons why Madison argued in favor of a larger republic in Federalist 10 to control the “mischief of fraction”?
The country’s population was already too large for elected officials to represent the will of the people
Brutus 1, an Anti-Federalist essay, made what argument against a larger republic?
Necessary and Proper Clause and the Supremacy Clause
The author of Brutus 1 warned against the threat to personal liberties in a large, centralized government. He cited what two clauses in the Constitution that could lead to a tyrannical national government?
Article V
Which article of the Constitution involves the amendment process?
Passed by 2/3 of the house/senate and ratified by ¾ of the states
Convention of the states: 2/3 of the states agree to convention to propose amendments; ¾ of states must ratify
What are the two methods given to amend the Constitution?
The electoral college, the second amendment, and the tenth amendment
What are three compromises made at the Constitutional Convention that continue to generate discussion and debate today?
Note 
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