Unit 1: Constitutional Principles, Federalism, Checks and Balances, and Ratification

Flashcards covering foundational U.S. constitutional principles, federalism, separation of powers, checks and balances, limited government, individual rights, landmark court decisions, and the fight to ratify the U.S. Constitution.

How does the lecture define the principle of popular sovereignty?

Popular sovereignty is the principle that the authority of a government and its leaders are created and sustained by the consent of the governed.

What is republicanism as defined in the constitutional principles?

Republicanism is the absence of a monarchy and a political system through which citizens choose their representatives through free elections.

What are the primary functions assigned to each of the three branches of government under the separation of powers?

The Legislative Branch makes the laws, the Executive Branch enforces the laws, and the Judicial Branch interprets the laws.

What are delegated or enumerated powers in American federalism?

Delegated or enumerated powers are the specific list of responsibilities and powers entrusted to the federal government in the U.S. Constitution.

According to James Madison in Federalist #45, how are the powers delegated to the federal government described?

Madison stated that the powers delegated to the federal government are 'few and defined' and exercised principally on external objects such as war, peace, negotiation, and foreign commerce.

Which key constitutional clauses and provisions support federal authority over state authority?

Article I Section 8 (Commerce Clause, Necessary & Proper Clause, General Welfare Clause), Article III (Judicial Review), Article VI (Supremacy Clause), and Section 5 of the XIV Amendment.

What power is granted to the states under the Tenth Amendment, and how are state powers characterized in Federalist #45?

The Tenth Amendment grants states 'Police Powers' to regulate behavior, and Federalist #45 describes reserved state powers as 'numerous and indefinite'.

What constitutional principles were established in McCulloch v Maryland (1819) and Gibbons v Ogden (1824)?

McCulloch v Maryland established that Congress could create a national bank under the Necessary and Proper Clause, while Gibbons v Ogden affirmed federal authority to regulate interstate commerce under Article I, Section 8.

How was dual federalism characterized from the 1870s to the 1930s?

Also known as 'layer cake federalism' or 'stay in your lane federalism', dual federalism was characterized by distinct and delineated spheres of jurisdiction for federal and state governments.

What defines cooperative federalism (1930s to 1970s)?

Cooperative federalism, or 'marble cake federalism', is characterized by a flexible relationship where both federal and state governments share roles in specific policy areas such as education and disaster relief.

According to Federalist #51, why should each branch have little to do with appointing members of other branches, especially the judiciary?

To maintain independence among departments. For the judiciary, essential qualifications are required, and permanent tenure destroys dependence on the appointing authority.

How does the Presentment Clause in Article I, Section 7 serve as a check between the legislative and executive branches?

Congress writes and passes bills, but the President must approve or veto them before they become law.

What checks does the Senate hold over presidential appointments and treaties?

The President nominates federal judges, Supreme Court justices, ambassadors, and secretaries, and enters into treaties, but all require the advice and consent of the Senate under Article II, Section 2.

According to the political spectrum, how do more democratic nations differ from less democratic nations regarding individual liberties?

More democratic nations place more restrictions on their government to protect individual rights and liberties, whereas less democratic nations place fewer or no restrictions, allowing the government to limit individual rights.

Which constitutional amendment limits the U.S. President to term limits?

The XXII (22nd) Amendment.

What limit on state regulation under the Tenth Amendment was established in Loving v Virginia (1967)?

States can regulate issues under the Tenth Amendment only as long as their laws do not violate rights protected elsewhere in the U.S. Constitution.

How did the Supreme Court rulings in United States vs Miller (1939) and D.C. vs Heller (2008) address the Second Amendment?

United States vs Miller held that regulating unregistered sawed-off shotguns did not violate the Second Amendment, while D.C. vs Heller established that the Constitution protects an individual's right to keep and bear arms unconnected to militia service.

What categories of speech are listed as unprotected by the First Amendment?

Obscenity (Roth vs United States), Fighting Words (Chaplinsky vs New Hampshire), Libel & Slander/defamation (NY Times Co vs Sullivan), Inciting or Producing Imminent Lawless Action (Brandenburg vs Ohio), and certain symbolic speech restrictions (Morse v Frederick).

What test was established in Lemon vs Kurtzman (1971) regarding the separation of church and state?

The Lemon Test, a three-pronged test used to determine whether government action has breached the wall of separation between church and state.

What is the difference between public opinion and political culture?

Public opinion is short-term and can change rapidly regarding specific issues or leaders, whereas political culture refers to long-term beliefs, attitudes, expectations, and norms a society holds toward government.

What was the purpose of Thomas Paine's Common Sense, and what two concepts did it oppose?

Published on January 10, 1776, Common Sense shaped public opinion in favor of independence, galvanizing public opinion against rule by a monarch and hereditary succession.

What political cartoon was created by Benjamin Franklin to shape public opinion in favor of colonial unity?

The 'JOIN, or DIE.' political cartoon.

Which state became the 9th state to ratify the U.S. Constitution on June 21, 1788, officially establishing it?

New Hampshire.

What key achievement did the Anti-Federalists accomplish during the ratification debate?

Although they failed to stop ratification, they convinced the First Congress of the United States to draft a Bill of Rights.

How many Federalist Papers were written by Alexander Hamilton, James Madison, and John Jay?

Alexander Hamilton wrote 51 essays, James Madison wrote 29 essays, and John Jay wrote 5 essays.

What primary topics are covered in Federalist #10 and Federalist #78?

Federalist #10 covers the Union as a safeguard against faction and insurrection, while Federalist #78 covers the Judiciary.