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What was McCulloh v. Maryland (1819) about?
Maryland imposed a state tax on the United States National Bank located in that state
What did the Court decide in McCulloch v. Maryland?
States cannot tax federal institutions; federal law is supreme.
What was United States v. Lopez (1995) about?
Congress made possessing a gun near a school a federal crime.
What are natural rights in the Declaration of Independence?
Rights people are born with, including life, liberty, and pursuit of happiness.
What is popular sovereignty?
Government gets its power from the consent of the governed.
What is limited government?
Government power is restricted by laws and constitutional rules
What was Brutus No.1 main. argument?
The Constitution created a national government that could become too powerful and threaten liberty.
What did Brutus No. 1 want added to the Constitution?
A written Bill of Rights to protect individual liberties.
What did the Court decide in United States v. Lopez
Congress exceeded its Commerce Clause authority by passing the law
Who wrote Federalist No. 10?
James Madison
What is a faction according to Federalist No. 10?
A group of people united by shared interests that may conflict with others rights
How did Madison propose controlling factions?
A large republic with many competing interests makes it harder for one faction to dominate.
Did Madison believe factions should be abolished?
No, he believed their effects should be controlled.
What is Federalist No. 39 about?
The constitution creates a republican government that combines national and federal features.
What is a republican government?
A government in which citizens elect representatives to make decisions.
What is Federalist No. 51 about?
Separation of powers and checks and balances protect liberty.
Why did Madison support checks and balances?
Each branch can limit the others to prevent any branch from becoming too powerful
What is the main idea of the Gettsburg Address?
Preserve the Union and renew the nation's commitment to equality and government by the people.
How does the Gettsburg Address connect to the Declaration?
Lincoln connects the Civil War to the founding ideal that all people are created equal
Which Enlightenment philosopher influences the Declaration's natural rights ideas?
John Locke, who argued that people possess natural rights
What are expressed or enumerates powers?
Powers specifically listed in the Constitution and given to the federal government.
What are concurrent powers?
Powers shared by federal and state governments, such as taxation
What are reserved powers?
Powers kept by the states under the Tenth Amendment
What is dual federalism?
Federal and state government have distinct, relatively separate areas of authority. (layered cake)
What is cooperative federalism?
Federal and state government share responsibilities, powers, and costs.
When did cooperative federalism grow significantly?
During the New Deal of the 1930s?
How does dual federalism differ from cooperative federalism?
Dual federalism separates responsibilities; cooperative federalism blends them.
What is the main feature of participatory democracy?
Broad citizen involvement in political decision-making
What is pluralist democracy?
Interest groups compete and influence government policy.
What is elite democracy?
A relatively small group of wealthy, powerful, or influential people has substantial policy influence
What does Article establish?
The legislative branch: congress, consisting of the House and Senate
What does Article 1, Section 7 cover?
The lawmaking process, including how bills pass and presidential vetoes
What does Article 1, section 8 list?
Enumerated powers of congress, including taxation and regulation interstate commerce
What does article 2 establish?
The executive branch, led by the president
What does Article 3 establish?
The judicial branch including the Supreme court
What does Article 4 address?
Relationships among states, new states, and federal protection of states
What does Article 5 explain?
The process for amending the Constitution
What does Article 6 establish?
The supremacy clause, constitutional obligations, and the ban on religious tests for federal office
What does Article 7 establish?
The Constitution would take effect after ratification by nine states.
What fraction of Congress is needed to propose an amendment?
Two-thirds of both the House and senate
What fraction of states must ratify an amendment?
Three-fourths of the states
What is the Supremacy clause?
The Constitution and valid federal laws are the supreme law of the land
What does Article 1 section 9 and 10 address?
Limits on the powers of the federal government and states respectively.
What is an ex post facto law?
A law that retroactively criminalizes an act or increases it punishment
What is a bill of attainder?
A law that punishes a person without a judicial trial
What is habeas?
A protection against unlawful detention requiring the government to justify imprisonment.
What is the necessary and proper clause?
Allows Congress to make laws needed to carry out its enumerated powers; also called the Elastic Clause
What is the tenth amendment?
Powers not delegated to the federal government or prohibited to the states are reserved to states or the people
What is republicanism?
Citizens elect representatives to make decisions on their behalf.
What is the main argument of Federalist No. 10?
A large republic can control the harmful effects of factions
What is the main argument of Brutus No. 1?
A large national government could threaten individual liberty and state power?
What do Federalist No. 10 and Brutus No. 1 differ?
Madison supports a large republic; Brutus fears centralized power
How does Federalist No. 51 protect liberty?
Separate branches and checks and balances prevent concentrated power
What does Federalist No. 39 say about the Constitution?
The government is partly national and partly federal, combining national and state features.
What is the main message of the Gettysburg Address?
Preserve the Union and fulfill the founding promise of equality and government by the people
What are the three constitutional qualifications for president?
Natural-born US citizen, at least 35 years old, and 14 years of US residency
What is the main job of the legislative branch?
Make laws
What is the main job of the executive branch?
Enforce laws
What is the main job of the judicial branch?
Interpret laws and decide cases
What constitutional clause was central to McCulloch v. Maryland?
The Necessary and Proper Clause, along with federal supremacy.
What principle did McCulloch v. Maryland establish?
Congress has implied powers, and states cannot interfere with valid federal actions.
What is the difference between enumerated and implied powers?
Enumerated powers are expressly listed; implied powers are reasonably inferred from listed powers