American Heritage Midterm 2 2025, Karpowitz + Patterson

proportional representation system

an electoral system in which parties gain seats in the legislature in proportion to the number of votes they receive in an election

multiplicity of laws

the existence of numerous laws that can often overlap or contradict each other

mutability of laws

the frequent changes or alterations in laws

confederation

a union of sovereign states or groups that come together for a common purpose, often while retaining their individual sovereignty

articles of conferderation were…

weak

federalism

the division of powers between the national government and the state governments

Coercion

the act of using force to make something happen

republican government

a government that emphasizes the principles of representation, rule of law, separation of powers, protection of rights, civic virtue, and accountability

political economy

the study of how economic theory and methods influence political ideology and policy

a bicameral legislature

legislature with two houses

filters of consent

a bicameral legislature

Writer of many of the Federalist papers

James Madison

enumeration of powers

the specific powers granted to the federal government by the Constitution of the United States

Congress was specifically given the authority to…

• lay and collect taxes • borrow on the credit of the United States • regulate commerce • coin money • set up a postal service and patent office • declare war • raise an army and navy

“necessary and proper” clause

grants Congress the power to make all laws that are "necessary and proper" for carrying out its enumerated powers

auxillary precautions

the various mechanisms and structures put in place within a government to prevent the abuse of power and to protect individual rights

multiplicity of interests and sects

the idea that in a diverse society, there are many different groups and opinions

what are constitutional means?

Legislative Process, Checks and Balances, Judicial Review, Amendment Process, Federalism

primary control

the main authority or power that governs a particular system or society

energy in the executive

the quickness and decisiveness with which the executive branch operates

electoral college

process of electing the president

anti-federalists

a political group opposed to ratification of the Constitution because they feared it created a large, distant government that couldn’t be controlled

federalists

a political group in favor of creating a new government as outlined in the Constitution

extended republic

a large political entity or government that encompasses a wide geographical area and a diverse population

small republic

a political system or government that is limited in size, typically characterized by a smaller geographical area and a relatively small population

faction

a group of individuals within a larger political body who share a common interest or goal that is often in conflict with the interests or goals of other groups

compromise

an agreement or settlement of a dispute that is reached by each party making concessions

minority rule

a situation in governance where a smaller group, or minority, holds power over a larger group, or majority, often contrary to the preferences or interests of the majority

mutability

the quality of being changeable or subject to change

Danielle Allen

writer of “The Flawed Genius of the Constitution,” belives constitution has room to grow, institutions are necessary to make governance possible

Levitsky and Ziblatt

authors of “How American Democracy Fell So Far Behind,” strong belief in the tyranny of minority, the replacement of the electoral college, and term limits for Supreme Court Justices

Tyranny of the Minority

a situation where a small group exerts disproportionate control or influence over a larger group, often leading to the oppression or disregard of the majority's rights and interests

Federalist 10 addresses what issue?

dangers of factions

How are factions prevented from having major influence according to Madison?

the effects of them are controlled

Federalist 51 addresses what issue?

checks and balances, separation of power, ambition counteracting ambition, and a dependence on the people

dependence on the people

the government derives its power from the consent of the governed

ambition counteracting ambition

the idea that the personal ambitions of individuals in government can be harnessed to prevent any one branch of government from becoming too powerful

Federalist 1

Federalist 1

introduction to the Federalist Papers, call to action for citizens to ratify the Constitution, reflection and choice, accident and force

Federalist 9 addresses…

the importance of a strong union in order to prevent the dangers of factionalism and to ensure the stability of the government.

Shays Rebellion

an armed uprising that took place in 1786-1787 in western Massachusetts, due to taxes and poor governance

Five ways to think about the Constitution according to Levin-

a legal framework, a policymaking framework, an institutional framework, a political framework, and a unity framework

key issues of the Constitutional Convention included…

slavery, the executive, federalism, and representation

Virginia plan

a plan for the Constitution introduced by Edmund Randolph, bicameral legislature that chooses judiciary and executive leaders, violated small state theory and state sovereignty

New Jersey plan

a plan for the Constitution introduced by William Patterson, favored a lifetime judiciary, national executive as a council, retained state sovereignty

Article V

process of amending the Constitution

Article VI

supremecy clause

Article VII

Ratifictation of the Constitution

Federalist 70 addresses what?

energy and vigor in the executive, as well as stability

Yuval Levin

constitutionalist who expressed that the executive should be singular and a person of decision and action, and be able to unify and stabilize the Union

enumerating powers of the executive include…

commander in chief, grant pardons, make treaties, appoint officers, veto legislation, consult the principal director in each of the executive branches, give state of union, convene congress, take care that laws are faithfully executed

Role of Congress

represent the nation and deliberate about legislation

Role of President

take action and maintain order

Important qualities of the President include…

favor the public good over self interest, someone actually intelligent and not just popular, courage, magnanimous (forgiving, generous), and the ability to do the right thing

principal agent problem

when one party (the principal) delegates decision-making authority to another party (the agent) but cannot fully monitor the agent's actions

Federalist 68 addresses…

choosing the president by the electoral college

anti federalists issues with the constituion…

aristocratic government similar to British, no such thing as an “extended republic,” enumeration of powers was vague, necessary and proper clause could be abused

anti federalists vision of America

diversity, virtue, personal sovereignty

What did Federalists promise Anti Federalists?

To add a Bill of Rights to the Constitution

What are the two methods cure faction problems?

remove its causes and control its effects

pure democracy

a society consisting of a small number of citizens that can administer the government

republic

power with the people who elect representatives to make decisions

Brutus’ views on the Republic

history of failure of large republics, small republics can be united by the common good, people will know their representatives in a small republic

causes of factions

sown in the nature of man, different interests and religions, unequal distribution of property

original consent

the initial agreement or permission given by individuals to establish a system of government or authority

First Amendment

freedom of religion, speech, press, assembly, and to petition

Second Amendment

right to keep and bear arms

Third Amendment

no quartering of soliders in the homes of citizens

Fourth Amendment

No unreasonable search or seizures without a warrant

Fifth Amendment

right to due process, no double jeopardy, right to remain silent, no self incrimination

Sixth Amendment

right to a speedy and public trial, a lawyer, and an impartial jury

Seventh Amendment

right to trial by jury

Eighth Amendment

No cruel and unusual punishment

Ninth Amendment

rights not listed in the Constitution are not denied to the people

Tenth Amendment

any powers not given to the federal government in the Constitution belong to the states

enumerate

to the act of listing or specifying items one by one. For example, in the U.S. Constitution, the powers of Congress are "enumerated," meaning they are explicitly listed and defined within the text

reserved rights

the rights that are not specifically enumerated or granted to the federal government by the Constitution but are retained by the states or the people

incorporation

the legal process by which the Bill of Rights has been applied to the states, not just the federal government (after the 14th amendment)

federalist party

believed in a robust national government that could effectively manage the economy and maintain order

democratic-republicans

believed in limited federal government and strict interpretation of the constitution, strong state powers, and an economy based on agriculture rather than industry

What three things does Washington warn the new nation of when he leaves office?

political parties, foreign alliances, and regional divisions

spirit of the party

the underlying principles, values, and motivations that drive a political party's actions and policies

foreign attachments

the emotional and political ties that individuals or groups may have to foreign nations

what are the characteristics of a republic?

a government which derives all its powers directly or indirectly from the great body of the people, and is administered by persons holding their offices during pleasure, for a limited period, or during good behavior

writ of mandamus

a court order forcing government officials to properly fulfill their duties

judicial review

the power of the Supreme Court to evaluate the actions of the legislative and executive branches and rule on their constitutionality

Alien and Sedition acts

laws passed by Congress in 1798 to stifle the “seditious” writings of French propogandists who were trying to shift the United States away from its position of neutrality in the war between France and Great Britain

broad construction

interpreting the language of the Constitution in a broad or general manner, deriving meanings not explicitly stated in the text

narrow construction

interpreting the language of the Constitution in a narrow or strict manner, holding closely to the actual wording of the text

force nor will

the courts don’t make or enforce laws—they only interpret and apply them through judgment

sword and purse

the courts don’t have the power to enforce laws or control money and must rely on the other branches

nullification

a legal theory that suggests that states have the right to invalidate any federal law that they believe is unconstitutional or that they find objectionable

suffrage

the right to vote

manifest destiny

the 19th-century belief that the United States was destined by God to expand its territory across North America, spreading democracy and civilization

democratization

moving government and politics closer to the people

Eleventh Amendment

protects states from being sued in federal court by citizens of another state or by citizens of a foreign country, sovereign immunity

Twelveth Amendment

electors vote seperately for President and Vice President, instead of the runner-up automatically becoming VP

Marbury v. Madison established…

judicial review

McColloch v. Maryland affirmed…

the supremacy of federal law over state law and broadly interpreted Congress’s powers under the Constitution

Memorial of the Cherokee Nation

a plea asserted that the Cherokee was a sovereign nation, not subject to state control