Politics 2nd Exam

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Politics 2nd Exam
2012-03-28 10:38:22
American Politics

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  1. What is necessary, according to Madison, for the branches to be genuinely separate?
    • Each department should have a will of its own.
    • The members of each department should have as little intervention as possible in the appointment of the members of the other departments.
  2. What does Madison have to say about human nature in Federalist #51?
    Virtuous motives exist in human nature, but they are inadequate and must be supplemented by systems that exploit vices.
  3. Madison’s definition of a “faction”
    • Faction is a number of citizens, whether amounting to a
    • majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adversed to the rights of other citizens, or to the permanent and aggregate interests of the community.
  4. What are the two ways
    of dealing with faction?
    • by removing its causes
    • by controlling its effects
  5. How may one “remove the causes” of faction?
    • by destroying liberty
    • by giving the same opinions, passions, and interests to every citizen
  6. What is wrong with these two approaches?
    • Liberty is essential to political life.
    • It is impossible to give every citizen the same opinions because man has a fallible reason and liberty to exercise it.
  7. What are the various causes of faction? Which is the most common?
    • human nature
    • zeal for different opinions
    • attachment to different leaders
    • various and unequal distribution of property (MOST COMMON)
  8. How does republican government control the effects of minority faction?
    by defeating the faction through regular vote
  9. How can a large republic inhibit a majority faction?
    • (1) Representatives could “refine and enlarge public views.”
    • (2) Larger districts will have better representatives.
    • (3) Large republic contains multiplicity of interests.
  10. Who chooses the members of House of Rep?
    the People
  11. Term of Office for HoR
    2 years
  12. Qualification for HoR
    • Age 25
    • 7 years US citizen
    • inhabitant of the State in which he shall be choosen
  13. Who chooses Senators?
    State legislatures
  14. Term of Office for Senate
    6 years
  15. Qualification for Senate
    • Age 30
    • 9 years US citizen
    • inhabitant of the State in which he shall be chosen
  16. Who chooses President?
    Electoral College
  17. Term of Office for President
    4 years
  18. Qualification for President
    • Age 35
    • 14 years US resident
    • natural born
  19. Who chooses federal judges?
    president with the consent of Senate
  20. Term of Office for Judges
    during good behavior
  21. What motivated the inclusion of the famous 3/5 clause?
    It was a compromise between the pro- and anti-slavery parties in the Constitutional Convention.
  22. What are the most significant powers of Congress? What is
    the “elastic clause”?
    • The “elastic clause” is the clause contained in the Article
    • I of the Constitution, Section 8, clause 18. It is also known as the “necessary and proper” clause. This clause is only “declaratory” (#33).
  23. Into what category does Publius classify the respective powers of Congress? (#41)
    • security against foreign danger
    • regulation of the intercourse with foreign nations
    • maintenance of harmony and proper intercourse among the States
    • certain miscellaneous objects of general utility
    • restraint of the States from certain injurious acts
    • provisions for giving due efficacy to all these powers
  24. The States shall NOT
    • enter into treaty or alliance
    • grant letters of marque
    • grant title of nobility
    • pass any ex-post-facto law
    • pass any law impairing the obligation of contracts
  25. The States with the consent of the Congress can
    • lay duties on imports or exports
    • keep standing armies in time of peace
    • enter into agreement with another State
  26. Five advantages offered by the Electoral College as a mode of choosing the President (#68)
    • It ensures the operation
    • of the sense of the people in the election.
    • The election is participated by men most capable of analyzing the qualities of the candidates.
    • It prevents tumult and disorder.
    • It prevents cabal, intrigue, and corruption.
    • It preserves the independence of executive.
  27. How did the 12th Amendment alter the mode of electing the President?
    It requires electors to designate separate votes for presidency and vice-presidency.
  28. What powers does the President exercise in conjunction with the Senate?
    • to make treaties (with the consent of 2/3 of the Senate)
    • to appoint ambassadors, ministers, consuls, judges, and other officers
  29. Ingredients of energy in the executive
    • unity
    • duration
    • adequate provision for its support
    • competent powers
  30. ingredients of "safety in the republican sense"
    • a due dependence on the people
    • a due responsibility
  31. Advantages of a four-year term (Federalist #71):
    • The president will have an opportunity to deal with faction that arises either in community or in the legislative body.
    • The president will have a motive to undertake the plans he deems best.
    • The people will have time to observe the performance of the president.
  32. Advantages of renewability (Federalist #72):
    • It makes use of the president’s talents well.
    • The president will likely strive to do his best in office in order to get reelected.
    • It allows the president to make use of his experience.
  33. Under Article III, what kinds of cases might the federal courts hear?
    • cases arising under the Constitution, Laws of the U.S., and Treaties
    • cases affecting ambassadors
    • cases in which U.S. is a party
    • controversies between States
    • controversies between a State and citizens of another State
    • controversies between citizens of different States
  34. Original Juristiction:
    • cases affecting ambassadors
    • cases in which a State shall be a party
  35. Appellate Jurisdiction
    • controversies between States
    • controversies between a State and citizens of another State
    • controversies between citizens of different States
  36. According to Marbury v. Madison, why do federal judges have the authority to declare laws unconstitutional?
    They do in the case where a law contradicts the Constitution.
  37. What provisions does Publius point to as similar to those that would be found in a “bill of rights”?
    • no suspension of the writ of Habeas Corpus
    • no ex-post-facto law
    • no granting of title of nobility
  38. Why, according to Publius, would the addition of a bill of rights be unnecessary, and why would it be dangerous?
    • Bill of Rights is unnecessary because it originates from an
    • agreement between kings and their subjects. Because United States is founded upon the power of the people, not king, there is no need for Bill of Rights.

    Bill of Rights is not only unnecessary, but also dangerous because it would contain various exceptions to powers not granted. In other words, what is not listed in the Bill of Rights might be taken as permissible.
  39. According to John Carroll, what did the “genuine spirit of Christianity” cause the several states to banish? Did this spirit lead many (but not all) of the states to do?
    Because of the “genuine spirit of Christianity,”several states had banished intolerance from their governmental system. This spirit led many states to do the justice to people of different denomination byplacing them on the same footing of citizenship and conferring an equal rightof participation in national privileges.
  40. What law(s) did the Danbury Baptists hope to change,
    as indicated in their letter to Jefferson?
    What famous expression did Jefferson use in his reply?
    They complained that the Constitution of Connecticut was not specific with regard to religious freedom. The Danbury Baptists demanded that the constitution guaranteed a complete religious freedom not as a favor granted, but as an inalienable right. Jefferson replied that there should be “a wall of separation between Church & State.”
  41. For the Founders, what role did the “conscience” play in the justification for religious freedom?
    • Conscience is the inner voice that has authority. Because man has a duty to follow his conscience even though it’s
    • wrong, every person, Christian or non-Christian, shall have a religious freedom.
  42. Despite the protection for religious liberty, what provisions suggesting an establishment of religion can be found in the first constitutions for Pennsylvania and Massachusetts?
    • PA had a religious test for office. PA, however, is very clear that NO ONE can be forced, via taxation and government spending, to support a church that is not their
    • own. MA had both religious tests for office and religious assessments.
  43. How did the 17th Amendment alter the mode of selecting Senators?
    • In the original Constitution, Senators were elected by the
    • State Legislatures. However, the 17th Amendment regulates that Senators are to be elected by the people in each State.