Constitutionalism and U.S. Government

Flashcards derived from lecture notes on Constitutionalism and the structure of U.S. Government.

What is constitutionalism in the context of the U.S. government?

Constitutionalism results from the U.S. Constitution, the Federalist Papers, and the Declaration of Independence, creating principles like separation of powers, checks and balances, and federalism.

What is the central tension in 'Liberty and Order'?

The tension focuses on balancing government power with individual rights.

What is 'Competing Policy-Making Interests' in the Constitution?

It refers to built-in mechanisms that ensure the representation of the people's interests through competitive policy-making.

What impact did the spending in the 2022 midterm elections have on theories of government?

It reinforced beliefs in the elite theory of government due to the large amount spent.

What danger did Federalist No. 10 discuss?

The danger of factions that could paralyze the government.

What is a basic characteristic of American government?

The balance between government power and individual rights.

How is the balance between government power and individual rights evident in American government?

Through limited government that can change via popular sovereignty.

What did the Declaration of Independence argue for?

The inalienable rights of life, liberty, and the pursuit of happiness.

What are the historical roots of our political system?

From ancient Greece through Enlightenment thinkers like Montesquieu and Locke, to the principles in the Declaration of Independence.

What was the premise of Greek democracy?

That governmental rule should be that of the many rather than the few.

What is a direct democracy?

A system where every citizen attends a town meeting to vote on every issue.

Why is direct democracy impractical in large countries like the U.S.?

Due to the country's size, making it generally impractical except on a limited scale.

What did Enlightenment thinkers propose about democracy and rights?

That democracy should rely on consent of the people and acknowledge natural rights that cannot be taken away.

How did Thomas Jefferson incorporate Enlightenment principles into the Declaration of Independence?

By including unalienable rights and Enlightenment values in both the Declaration and Constitution.

What became the central focus of government policy as a result of Enlightenment principles?

The individual.

What are driving forces of American democracy?

Equality, freedom, and order.

What is the social contract theory?

It posits that individuals consent to surrender some freedoms for protection of their remaining rights.

What is republicanism?

A political philosophy emphasizing liberty and unalienable rights, making people sovereign and expecting civic duty.

What are the three models of representative democracy?

Pluralist, participatory, and elite models.

What is pluralism in democracy?

A theory where various groups compete for control over policy agenda, leading to compromise.

What does participatory theory of democracy emphasize?

Active participation among citizens in politics.

What defines the elite theory of democracy?

A perspective that an upper class shapes policy decisions.

What is the majoritarian model of democracy?

A model that heavily relies on majority rule and direct democracy.

What are the main tenets of elite group theory?

Power is concentrated among the wealthiest, and their influence often negates the proliferation of diverse interests.

How does American democracy relate to the discussed political theories?

American democracy incorporates elements from pluralist, participatory, and elite theories.

What is often seen as a sign of a successful democracy?

A pluralist society that achieves compromise and works harmoniously.

How did the Federalist party first wield power in the early U.S. government?

It was largely controlled by the elite.

What criticism is commonly levied against the U.S. political system today?

The excessive influence of special-interest groups.

What characteristic do successful officials possess?

The ability to achieve consensus for public policy goals.

Who were key philosophers incorporated in the Declaration of Independence?

Locke, Rousseau, and Montesquieu.

What are the similarities between Locke's Second Treatise and the Declaration of Independence?

Natural rights, consent of the governed, and limited government principles.

What does Locke say about natural rights?

He states the state of nature has laws governing it.

How does the Declaration of Independence refer to natural law?

As 'Laws of Nature and Nature's God'.

How does the Declaration of Independence describe equality?

By stating 'all men are created equal'.

What influenced the Declaration of Independence besides Enlightenment philosophy?

English Common Law.

What are the major parts of the Declaration of Independence?

The philosophical basis, grievances, and statement of separation.

What does the philosophical basis of the Declaration argue?

It establishes 'unalienable rights' as the cornerstone of natural rights.

What are some grievances listed in the Declaration against Great Britain?

Taxation without representation, unjust trials, and forced quartering.

What does the Declaration's statement of separation announce?

The colonists' right and duty to revolt.

What was risky about the American Revolution for the colonists?

England had superior power, resources, and navy.

What was the aim of the new leaders after the Revolution?

To create a government based on the consent of the governed.

What was the first attempt at a national constitution post-Revolution?

The Articles of Confederation.

How did the Declaration's statement on equality align with societal structure?

It did not truly reflect equality for all groups.

Why were many segments of society excluded from the application of unalienable rights initially?

To avoid political and social upheaval.

What does the Mayflower Compact describe?

The colonists forming a civil body politic for the common good.

What key idea is expressed in Locke's Second Treatise?

People unite into a community for security and property enjoyment.

What are the distinctions between democracy and aristocracy per Montesquieu?

In democracy, the people hold supreme power; in aristocracy, power is concentrated within a subset of people.

What is Thomas Hobbes's view of the state of nature?

Without government, human nature leads to severe conflict.

What were the main reasons for developing the Constitution?

Weaknesses of the Articles of Confederation and debate between Federalists and Anti-Federalists.

How does the Constitution reflect the Big Idea of Constitutionalism?

It forms the basis for understanding Constitutionalism in the U.S.

What were the required documents for Key Concept 1.B?

Federalist No. 10, Brutus No. 1, and the Articles of Confederation.

Who were the leaders of the Federalists?

Alexander Hamilton, John Jay, and James Madison.

What did Federalist Paper No. 10 argue?

About the threat of 'tyranny of the majority' and the need for checks and balances.

What pseudonym did the Federalists use?

Publius.

What protections for individuals did Federalists highlight in the Constitution?

Prohibition of ex post facto laws and bills of attainder.

Who typically represented the Federalists?

The upper class, including bankers and large property owners.

Who were leaders of the Anti-Federalists?

George Mason and Richard Henry Lee.

What was a key demand of the Anti-Federalists?

Inclusion of a Bill of Rights in the Constitution.

What concern did Anti-Federalists have about state sovereignty under the Constitution?

They worried it would threaten sovereignty despite guarantees.

Where was ratification debate especially heated?

New York.

Who typically represented the Anti-Federalists?

Farmers and common people.

What did Madison highlight in Federalist No. 10 regarding factions?

Factions could paralyze effective government.

What event influenced Madison's view on factions?

Shays' Rebellion.

What was the argument in Brutus No. 1 against ratification?

A vast republic couldn't adequately address diverse concerns.

What evidence illustrates the party lines of the ratification fight?

Federalists supporting and Anti-Federalists opposing ratification.

What led to the early formation of the Federalist Party and Democratic-Republicans post-Constitution?

Differences in belief about the role of national government.

What were the core beliefs of the Federalist Party?

Support for a strong national government and loose interpretation of the Constitution.

Who led the Democratic-Republicans and what were their views?

Led by Thomas Jefferson, they favored a limited government.

What did the Tea Party advocate for?

Lower government, taxes, and spending.

What was Madison's view on the development of factions?

Factions are an inevitable feature of society but separation of powers helps manage them.

What is the definition of a faction according to Madison?

A number of citizens united by a common interest adverse to other citizens' rights.

What were Brutus No. 1's main arguments against the Constitution?

Fear of a despotic government and the need for a Bill of Rights.

What did Letters from the Federal Farmer No. 1 express about the adoption urgency?

Questioned the rush to adopt the Constitution.

What were characteristics of the government under the Articles of Confederation?

Weak national government with limited powers and a one-house Congress.

What economic problems emerged from the Articles of Confederation?

States imposed tariffs, created own currency, and could not amend Articles without unanimous consent.

What foreign policy challenges were faced under the Articles of Confederation?

Threats from Barbary pirates and vulnerable borders.

What was a notable success of the Articles of Confederation?

The Northwest Ordinance abolished slavery in new territories.

What positive development occurred at the state level under the Articles of Confederation?

Creation of a middle class broadening the political base.

By 1787, what was the consensus about the Articles of Confederation?

They required revision or total change.

Who attended the Constitutional Convention?

55 delegates from all states except Rhode Island.

Who led the push for a new Constitution at the Convention?

Hamilton, Washington, and Madison.

What philosophical belief did the delegates share regarding people governing?

They believed people could not govern and political conflict must be checked.

What objective of government was agreed upon by the delegates?

Protect property owners.

What became fundamental principles of the new Constitution?

Checks and balances and separation of powers.

What was Beard's argument regarding the Constitution?

Founding fathers aimed to protect the wealth of the property class.

What compromises were made at the Constitutional Convention?

Compromises over voting, representation, slavery, and trade.

How was voting decided at the Convention?

Individual states were permitted to set voting criteria.

What issue split the convention regarding Congress?

Representation, specifically between large and small states.

What did the New Jersey Plan call for?

Equal representation for each state in Congress.

What did the Virginia Plan advocate?

Legislature based on population.

What was the Connecticut (Great) Compromise?

Creation of a bicameral Congress: Senate with equal representation and House based on population.

What is the Three-Fifths Compromise?

Every five slaves counted as three people for representation and taxation.

What compromise ruled on slave importation?

Allowed slave importation for 20 years post-ratification.

What was agreed upon regarding tariffs at the Convention?

Allowing taxation only on imports.

What economic powers were granted to Congress in the Constitution?

To tax, regulate commerce, create national currency, and necessary laws.

What powers are denied to states by the Constitution?

Power to coin money and interfere with federal debt collection.

Why was the Electoral College established?

As a compromise between election by Congress and popular vote.

How does the Electoral College function?

Each state has electors based on its population; majority needed to win presidency.

Why was the amendment process included in the Constitution?

To ensure its adaptability and function over time.

How many amendments have been made to the Constitution?

15 times excluding the Bill of Rights.