essay gov

What is the main argument of Brutus 1?

A strong national government will become too powerful, take away rights, and not truly represent the people.

Why does Brutus 1 argue large republics don’t work?

Leaders won’t represent the people well because the country is too big and diverse.

Why did Brutus oppose the Constitution’s power clauses?

Why did Brutus think a Bill of Rights was necessary?

Without it, people’s freedoms are not clearly protected.

What is the main idea of Federalist 51?

Government needs power but must be limited through checks and balances and separation of powers

What does Federalist 51 say about preventing tyranny?

Divide power into branches and have each branch check the others.

Why does Federalist 51 support a large republic?

It makes it harder for one group (faction) to take over.

What is the main argument of Letter from Birmingham Jail?

People have a moral duty to resist unjust laws through peaceful protest.

According to MLK, why shouldn’t people “wait” for change?

Waiting often means change never happens.

What is MLK’s view on unjust laws?

Unjust laws are not true laws and should be challenged.

What is the main idea of Federalist 70?

The country needs a strong, single executive (president).

Why does Federalist 70 support one president instead of many?

One leader allows faster decisions, clearer responsibility, and better accountability.

What problem does a weak executive cause (Fed 70)?

Confusion, slow decisions, and ineffective government.

What is the main idea of Federalist 78?

The judicial branch is the weakest but important for interpreting laws.

Why are judges given life terms (Fed 78)?

To keep them independent from political pressure.

What power do courts have according to Federalist 78?

They can declare laws unconstitutional.

What branch is Article III?

Judicial branch.

What branch is Article II?

Executive branch.

Who creates lower federal courts?

Congress

Who nominates Supreme Court justices?

The President.

Who confirms Supreme Court nominees?

The Senate.

What is the main power of the Supreme Court?

To interpret laws and the Constitution.

What is original jurisdiction?

Cases that start in the Supreme Court.

What is appellate jurisdiction?

The Court reviews decisions from lower courts.

: How does the appointment process show checks and balances?

President nominates, Senate confirms.

How can Congress check the judiciary?

Impeach judges or change the size of the Court.

What is judicial review?

The power to declare laws unconstitutional

Where did judicial review come from?

Marbury v. Madison (not directly in Constitution).

How does judicial review show checks and balances?

Courts can limit Congress and the President

What is judicial activism?

Judges interpret the Constitution loosely and expand rights.

What is judicial restraint?

Judges stick closely to the Constitution and avoid major changes.

What is the main role of the Supreme Court in one sentence?

To interpret the Constitution and ensure laws follow it.

Why is the Supreme Court considered the “least dangerous branch”?

It has no army (executive) and no money (legislative), only judgment. (Fed 78 idea)

What is the biggest weakness of lifetime appointments?

Judges can stay in power too long without accountability.

What is the purpose of checks and balances in the judiciary?

To prevent the Court from becoming too powerful.

What is the biggest strength of lifetime appointments?

Judges don’t have to worry about elections or political pressure.

What is a key tension in the Supreme Court?

Balancing independence (freedom from politics) vs accountability (being checked).

Claim: The Supreme Court protects individual rights.

It can strike down laws that violate the Constitution through judicial review.

Supreme court evidence for “protects rights”

Judicial review allows the Court to declare laws unconstitutional and defend freedoms

Claim: The Supreme Court is independent from politics.

Judges serve for life, so they are not influenced by elections or public opinion.

Supreme court evidence for independence

Lifetime appointments allow justices to make decisions based on law, not political pressure.

Claim: The Supreme Court provides stability in law.

It interprets laws consistently and sets precedents that guide future decisions.

supreme court evidence for stability

Court decisions (precedents) ensure laws are applied the same way over time.

supreme court claim: The Court ensures fairness and justice.

It can protect minority rights even if the majority disagrees.

Claim: The Supreme Court lacks accountability.

Justices are not elected and serve for life.

SUpreme court evidence for lack of accountability

Judges cannot easily be removed and do not answer directly to the public.

Claim: The Supreme Court can be influenced by politics.

Justices are appointed by the President and confirmed by the Senate.

Evidence for political influence (supreme court)

The appointment process involves both political branches, which can affect ideology

Claim: The Court has limited power to enforce decisions.

It relies on the executive branch to enforce rulings.

Evidence for weak enforcement (supreme court)

The Court has no army or police force (Fed 78 idea).

Judicial activism can be a strength of the Supreme Court

The Court can interpret the Constitution broadly to adapt to modern issues and protect rights.

Evidence for activism (supreme court)

Judicial activism expands rights not explicitly written in the Constitution.

Claim: Judicial restraint can be a weakness

Courts may uphold existing laws and avoid change, even when those laws are unjust.

Claim: The Court can be slow and limited.

It only hears a small number of cases and relies on others to bring issues to it.

Judicial activism vs judicial restraint

• Activism = loose interpretation, more change

• Restraint = strict interpretation, less change