Intro to American Government Midterm - Federalist Papers + Court Cases

What is the main idea of Federalist Paper 51

The main idea of Federalist Paper 51 is the necessity of checks and balances within government to prevent any one branch from gaining too much power, ensuring that each branch operates within its limits while promoting a separation of powers

According to Federalist papers 51 why do we need government

Men are not angels

Different ways the government is split in Federalist 51

Judical has lifetime appointments, legislative is most imprortant because laws are vetoed there, and executive has the power to enforce laws

According to Federalist 51 what is the problem with democracies 

Majorities, but the US is so big that it will have minorities 

What is the main idea of Fedralist Paper 10

To argue for the a strong federal government with a large republic

According to Federalist 10 what is worse than a faction

Taking away liberties

According to Fedralist 10, what is the best way to avoid factions

A large republic and a representative democracy

What does Fedralist 10 say is mob mentality

Believing you are like a shadow so if you do something wrong with everyone else, no one will know

What is a republic in Federalist 10

People vote on their elected officials so the most patriotic people are elected 

What is a democracy in Federalist 10 

Citizens meet in a group to vote on elected officials

What is Barron V Baltimore

Barrons land was destroyed without compensation, he lost the case at the time because the Bill of Rights only applied to Federal Government, the 14th amendment changed this thinking

McCulloch V Maryland 

The federal governments rights are not just listed in the Consitution (proper and necessary clause), Federal laws are supreme over states, the states can’t tax the federal government  

Enumerated power

explicit power in the constitution

Unenumerated power

Powers you can derive or presume from the constitution

Does Congress have the right to levy taxes

Yes

Federalist Paper 54

Slaves are counted as people because they can be tried for their crimes, if representation is based on persons - people would count more, if it’s based on taxes - they would count less, this is why it should be the same thing 

Manumission

The act of freeing slaves

What is the main idea of federalist paper 55

The House of Reps should start small and continue to grow as time goes on, the House will stay in check because it has elections and the men come from legislators

Calumny

Gossip

Main idea of Article 1 in the Constitution

Legislative law vested in Congress, bicameral Congress - The house of reps and senate, Native Americans were not included in the census for Reps, The Reps chose the senate but the 17th amendment changed it to the people voting

What is the main idea of Federalist Paper 62

Defends the structure of the Senate and the equal representation of states, the House and Senate must agree on stuff so it makes it harder for corrupt laws to pass

Requirments for a senator 

Age 30 and a citizen for 9 years

According to Federalist 62, what are two things that the government supplies

Fidelity to the object of government and a knowledge of which this object can be attained

What is the main idea of Federalist 63

Argues the necessity of the Senate, they provide long term stability compared to frequent elections, it stops impulsive decisions, they have longer terms which means longer projects

What is the main idea of Article 2 in the Constitution

It defines the responsibilities of the president, must be a natural born citizen, lived here for 14 years, and be 35, they can decline laws but if passed by 2/3 of the house it becomes a law, for them to make treaties 2/3 of the senate must be present, Senate must advise and consent to judges, can’t declare war - only congress can

What is the main idea of Federalist 69

Ingredients that constitute energy in the Executive are unity, duration, adequate for its provision, and competent powers, 69 focuses on unity, destroying the unity would be to have 2 presidents, it is easier to hold one person accountable (the president) than multiple

What is the main idea of federalist paper 78

Argues for the independence of judiciary branch, they are the least dangerous, the Constitution is supreme over people and groups making judiciary review important, 

What does Hamilton fear if the judiciary branch didn’t have lifetime appointments 

They would become part of the legislative branch 

Original Jurisdiction

hearing the case for the first time

Appellate Jurisdiction

hearing appeals from lower courts

No corruption of blood

can’t punish someone for their families wrong doings

Limited Constitution

places limits on the legislative branch, Hamiton fears the judiciary is stronger than legislative

Who gets their power from the constitution

Judiciary and legislative

Ordinary Law

One law is passed, Lawmakers pass another that conflicts with first law, you go by the most recent law

Constitutional Law

one law, fundamental law contradicts it, You go by the constitution/fundamental law, constitution is supreme

What is the main idea of Marbury V Maddison

A case that created judicial review, Jefferson tries to take away Marbury’s appointment from Adams

Writ of Mandamus

A court order requiring a public official to perform a duty that is mandated by law

Does the Supreme Court have a right to writ of Mandamus

Judicial Act of 1789 - conflicts with Constitution, Article 3, This act says Supreme Court has original jurisdiction over writ of mandamus, they can issue one to lower courts