Foundations of American Political Philosophy and Constitutional Law

Who is known as the Father of Liberalism?

John Locke

What are the major works of John Locke?

Second Treatise on Government, Letter Concerning Toleration, Reasonableness of Christianity

What concept did John Locke advocate regarding property?

Natural right to property

What is the political legitimacy according to John Locke?

Political legitimacy is based on individual consent, which can lead to revolutions.

What is the main idea of Jean Jacques Rousseau's philosophy?

Everyone is born equal and free; humans are inherently good, but society corrupts them.

What are the key works of Jean Jacques Rousseau?

Social Contract, Discourse on Inequality, Discourse on Political Economy

What is Montesquieu's contribution to political philosophy?

The concept of separation of powers.

What does Montesquieu say about different government types?

Republics are based on virtue, monarchies on honor, and despotisms on fear.

What does Environmental Determinism suggest?

Climate, geography, and social conditions shape political structure and laws.

What is Individualism in constitutional perspectives?

Individuals are more important than government, and the government exists to preserve individual rights.

What is the Procedural View of Justice?

A political system is legitimate if it fairly applies rules and procedures to all.

What does Communitarianism emphasize?

Community and societal values are important, prioritizing public interest over individual rights when in conflict.

What is Constitutionalism?

A constitution provides the basic principles of government, limiting power to prevent tyranny.

What is the significance of the Rule of Law?

Political leaders and government institutions are not above the law; the constitution functions as a higher law.

What are the main components of the Constitution?

Preamble, Organizational Chart, Amendatory Articles, Bill of Rights.

What is the purpose of the Preamble in the Constitution?

It provides the general purpose of the document and governmental action theory.

What does the Bill of Rights do?

Identifies rights and liberties of citizens that the government cannot violate.

What are James Madison's 'Auxiliary Precautions'?

Separation of Powers and Checks & Balances.

What is the purpose of Separation of Powers?

To prevent concentration of power in one branch of government.

What is the function of Checks and Balances?

One branch has some power over another to prevent abuse.

What is Federalism?

A system that divides powers between federal and state governments.

What is Judicial Review?

The judiciary's power to review and invalidate legislation and executive actions inconsistent with the Constitution.

What landmark case established the power of judicial review?

Marbury v. Madison.

What does English Common Law represent?

A combination of indigenous customs with judicial interpretations limiting the king's power.

What was the significance of the Declaration of Independence?

It expressed ideas of human nature, foundations of government, and purpose of political entities.

What two acts planted seeds of resentment in the American colonies?

The Sugar Act of 1764 and the Stamp Act of 1765.

What was the purpose of the Magna Carta?

To limit the power of King John of England.

What principle established that even monarchs must obey the law?

The rule of law.

What rights are guaranteed for free men?

Protection from unlawful imprisonment and unfair punishment.

What legal principle ensures fair justice and due process?

Habeas corpus.

Who was Sir William Blackstone?

An English judge and legal scholar influential in organizing English laws.

What is the significance of the Federalist Papers?

They influenced the Founders and defended the Constitution.

What concept did Blackstone advocate regarding individual liberties?

People have 'absolute rights.'

What is the difference between natural law and man-made law?

Natural law is established by God, while man-made law is created by humans.

What was the purpose of English charters issued to colonies?

To grant rights, self-governing powers, and guarantees to colonists.

What was the Virginia Company First Charter?

The charter established the Jamestown colony in 1606.

What was the primary issue with the Articles of Confederation?

Congress had no power to tax or regulate commerce.

What was Shay's Rebellion?

A rebellion by property owners protesting economic conditions post-Revolution.

What did the Virginia Plan propose?

A bicameral legislature with representation based on population.

What was the Connecticut Compromise?

A compromise establishing a bicameral legislature with proportional and equal representation.

What powers does the President have according to the Constitution?

Veto legislation, command the military, and appoint judges with Senate consent.

What are bills of attainder and ex post facto laws?

Can’t declare individuals guilty without trial; laws retroactively apply criminal liability.

What was the primary argument of Anti-Federalists?

The Constitution granted too much power to the federal government.

What was the purpose of the Bill of Rights?

To protect individual liberties and limit government power.

Who is known as the 'Father of the Constitution'?

James Madison.

When was the Constitution ratified?

The Constitution was ratified on June 21, 1788.

What was the significance of Delaware in the ratification process?

Delaware was the first state to ratify the Constitution.

What did the Articles of Confederation establish regarding state autonomy?

Each state could create its own currency and enter treaties with other nations.

What was the outcome of the Constitutional Convention in September 1787?

The Constitution was presented for final approval.

What was the main concern regarding the federal judiciary?

The extent of its power and its potential interference with state courts.

What was the role of the Electoral College in presidential elections?

It indirectly elects the President through electors chosen by the states.

What was the significance of the ratification of the Bill of Rights?

It ensured the protection of individual rights within the Constitution.

What was the impact of the Seven Years' War on the American colonies?

It led to increased taxation and control by Britain over the colonies.

What was the Stamp Act of 1765?

A tax imposed by Britain on the colonies requiring payment on printed materials.

What was the significance of the Massachusetts Bay Charter?

It established a colony for Puritans with self-governing rights.

What did the Connecticut Compromise establish regarding the legislative branch?

A bicameral legislature with a House based on population and a Senate with equal representation.