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Q: What is the purpose of government as stated in the Preamble of the Constitution?
A: To form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote general welfare, and secure the blessings of liberty to ourselves and our posterity.
Q: What is popular sovereignty?
A: The principle that government power comes from the people is often expressed as majority rule.
Q: What foundational ideas are expressed in the Declaration of Independence?
A: Popular sovereignty, natural rights, and the social contract, as well as limited government receiving power from the people.
Q: What are natural rights?
A: Fundamental rights inherent to all humans, not granted by the government.
Q: What is the social contract?
A: The idea that people create a government to protect their rights.
Q: Which philosophers contributed to the idea of the social contract?
A: John Locke ("life, liberty, and property"), Jean-Jacques Rousseau, and Baron de Montesquieu (separation of powers).
Q: What is a direct democracy?
A: A form of government where citizens vote directly on policies, such as referendums and initiatives.
Q: Why did the Framers prefer republicanism over direct democracy?
A: They distrusted the masses, doubted people’s education, feared mob rule, and found it impractical for a large nation.
Q: What is participatory democracy, and what is its main weakness?
A: It emphasizes broad citizen participation but risks violating minority rights.
Q: Name contemporary examples of participatory democracy in the U.S.
A: March for Our Lives, #MeToo, Black Lives Matter, Occupy Wall Street, Tea Party.
Q: What is pluralist democracy, and what is its weakness?
A: It emphasizes group competition in policymaking but may allow strong groups to dominate.
Q: What is elite democracy, and what is its weakness?
A: It limits political participation to a select few, often leading to domination by the wealthy or high-status individuals.
Q: What did the Anti-Federalists fear about the new Constitution?
A: They feared it would restrict personal liberty, overpower states, impose heavy taxes, and create a powerful central government.
Q: What was the main goal of the Anti-Federalists?
A: To add a Bill of Rights and restrict federal power.
Q: What arguments are presented in Brutus No. 1?
A: It emphasized the benefits of a small, decentralized republic and warned of liberty loss under a large government.
Q: What did Federalist No. 10 argue about factions?
A: A large republic is the best way to control factions and disperse power between the states and national government.
Q: Why did Federalists believe a Bill of Rights was unnecessary?
A: They argued that the Constitution already limited the government enough to protect individual rights.
Q: What were the weaknesses of the Articles of Confederation?
A: It lacked executive and judicial branches, couldn’t tax, and couldn’t regulate commerce.
Q: How did Shay’s Rebellion expose the weaknesses of the Articles of Confederation?
A: It showed the lack of a centralized military response and increased support for a stronger constitution.
Q: What was the Great Compromise?
A: It established a bicameral legislature with proportional representation in the House and equal representation in the Senate.
Q: What was the Three-Fifths Compromise?
A: It counted slaves as three-fifths of a person for representation in the House.
Q: What compromise was made on the importation of slaves?
A: Congress could not ban slave importation for 20 years, but Southern states agreed to end it afterward.
Q: What are the two steps in the constitutional amendment process?
A: Proposal (2/3 of Congress or state conventions) and ratification (3/4 of state legislatures or conventions).
Q: What is the purpose of separation of powers?
A: To assign different government powers to the legislative, executive, and judicial branches to prevent tyranny.
Q: What are the legislative branch's main powers?
A: Making laws, controlling the budget, and declaring war.
Q: What are the executive branch's main powers?
A: Enforcing laws, making treaties, and commanding the military.
Q: What are the judicial branch's main powers?
A: Interpreting laws and reviewing lower court decisions.
Q: What is the main principle of federalism?
A: The division of powers between national and state governments.
Q: What powers are delegated to the federal government?
A: Coining money, foreign policy, and immigration.
Q: What powers are reserved for the states?
A: Education, health, and marriage.
Q: What is the Supremacy Clause?
A: It establishes that federal law is superior to state law when there is a conflict.
Q: How did McCulloch v. Maryland expand federal power?
A: By establishing Congress's implied powers and federal supremacy over states.
Q: What was the impact of Gibbons v. Ogden on the Commerce Clause?
A: It confirmed that only Congress can regulate interstate commerce.
Q: What did Federalist No. 51 emphasize?
A: Separation of powers/ separation of checks and balances to protect minority rights.
Q: What principle did Marbury v. Madison establish?
A: Judicial review, allowing courts to declare laws unconstitutional.
Q: What is discretionary authority in the bureaucracy?
A: Congress sets broad policy guidelines, and bureaucratic agencies are given administrative discretion to implement policies.
Q: What is administrative discretion?
A: The ability of bureaucrats to decide how to implement policies within the guidelines set by Congress.
Q: What is administrative adjudication, and why is it controversial?
A:
Bureaucratic agencies enforce administrative law and issue fines, acting like courts.
It is controversial because it can blur the separation of powers by giving agencies quasi-legislative and quasi-judicial powers.
Q: What is congressional oversight, and how does it affect bureaucratic agencies?
A:
Oversight involves agency heads testifying before standing committees.
Congress can use its "power of the purse" to increase or reduce budgets, responsibilities, or abolish agencies depending on performance.
Q: How can Congress limit bureaucratic discretion?
A: By passing new legislation that clarifies or restricts the agency's authority.
Q: What are presidential checks on the bureaucracy?
A:
The president influences agency goals based on ideology and authority.
Examples include issuing executive orders, nominating agency heads, and firing cabinet secretaries.
Q: What is the Budget and Impoundment Control Act of 1974?
A:
It requires the president to spend all appropriated funds.
It was passed to reassert Congress’s power of the purse after Nixon impounded funds appropriated by Congress.
Q: What is a legislative veto, and why was it ruled unconstitutional?
A:
A legislative veto allowed Congress to reject executive actions by simple majority vote.
It was ruled unconstitutional in INS v. Chadha (1983) as a violation of separation of powers.
Q: How can other branches hold the bureaucracy accountable?
A:
Congress: Establishes agencies, conducts oversight, adjusts budgets, and passes laws.
President: Issues executive orders, sets priorities, and nominates or removes agency leaders.
Supreme Court: Rules on the constitutionality of agency actions.
Q: What is incorporation, and how is it related to the Bill of Rights?
A: Incorporation applies the Bill of Rights to state governments, limiting their power, using the 14th Amendment's Due Process Clause.
Q: What was the significance of Barron v. Baltimore (1833) regarding the Bill of Rights?
A: It established that the Bill of Rights only applied to the federal government, a stance later reversed through incorporation.
Q: Which constitutional clause serves as the basis for incorporation?
A: The 14th Amendment's Due Process Clause.