Lecture Notes - Test #1 Review PDF

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PSC 2302-Exam 1 Study Sheet Readings: (Know years, authors, constitutional question/questions raised, how the author answered/addressed the question(s), and the basic reasoning behind the answer in the following readings): 40 questions all multiple choice “The Revolution of Sober Expectations” – M. Diamond  1975  Martin Diamond  Question(s): How is gov formed by dec of ind? What more had to be added to frame institutions?  Answer: Consent necessary to est. gov, not the means by which gov is created Any type of gov can be created, just by decision of the people (john locke-contract) Constitution added Gov instittions came from Jefferson & madison  Reasoning: Revolution was bc of tyranny only Brutus #1  1787  Robert Yates  Question(s): Strong central gov? Constitution?  Answer: No  Reasoning: Will lead to “consolidate” republic Impossible to fairly represent Homogeneity in opinions would be necesarry Law enforcement problem Brutus #15  1788  Robert Yates  Question(s): Separation of powers in constitution?  Answer: “Tenure in good behavior” copied from brits Fed court tenure dangerous & unnecessary Which branch interprets constitution? Federalist 10  1787  James Madison  Question(s): Large republic? Factions in large republic? 1

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Answer: Yes.  Reasoning: Eliminate faction probs: limit liberty, make sameness Representation over democracy: large area, refine thru election Federalist 51  1787  James Madison  Question(s): How does the constitution present separation of powers?  Answer: No direct voting for branches No branch should be too dependent of the others American society viewpoint  Reasoning: Federalist 70  1788  Alexander Hamilton  Question(s): Unitary executive?  Answer: yes  Reasoning: Accountability in gov needed Lets pres defend against legislative encroachments on his power Ensure “energy” in the executive Federalist 71  1788  Alexander Hamilton  Question(s): Duration of exec office (pres)?  Answer: 4 years term, like constitution  Reasoning: Energy Pres can counteract faction influences, to protect people form themselves If term any shorter, if he wants to make a bold move, he wont bc of risk of no reelection Federalist 78  1788  Alexander Hamilton  Question(s): Fed judge tenure?  Answer: Independence from other branches Independ. From people Incentive for qualified judges Marbury v. Madison  1803  Chief Justice Marshall  Question(s): Marbury have right to commission? 2

Can legal system remedy? Supreme court have power to issue writ?  Answer: Marbury had right Legal system can remedy Supreme court could not remedy Cato Letters 4-5  1787  George Clinton  Question(s): Executive power?  Answer:  Reasoning: Myers v. US  1926  Justice Taft  Question(s): Can pres remove superior exec offices w/o consent of senate?  Answer: Constitution doesn’t say Pres has exec. Power, must have assistants though  Reasoning: US v. Curtiss-Wright Corp.  1936  Justice Sutherland  Question(s): Did the pres unconstitutionally use congressional power when he took back a weapons ban on Paraguay & Bolivia?  Answer: No  Reasoning: Non-delegation: Congress cant give legislative powers to pres Pres sole organ of fed gov in external affairs: secrecy needed US v. Nixon  1974  Chief Justice Burger  Question(s): Did pres have authority to not turn over tapes for fed criminal trial?  Answer: No  Reasoning: Nixon making generalized claim of power, there’s no specific security threat

Traditions of American Political Thought: -Natural Rights/State of Nature  Hobbes & locke  Take away all gov 3

 Natural rights possessed  Purpose of gov is security of individual interest -Republicanism  Aristotle: human is political  Citizensip & participation  Common good  Purpose of political community: moral education -English Constitutionalism

Historical Periods/Events: 1) Pre-Revolutionary America -1760’s-1776  Taxes, frnahc & indian war, housing troops, searching 2) Period under Articles of Confederation-1781-1787 a. Problems of State Constitutions/State Law  No judges, no exec power  State laws-injustice, mutability, multiplicity b. Problems with the Federal Government- (See Madison’s “Vices of the Political System…”)  State wont comply  State encroachment  Law violation by states  State borders?  Common interest of states needed  State guaranty needed of their laws internally  Law sanction needed  Ratification by people needed 3) Constitutional Convention – May 15-September 17, 1787 a. Three Convention Plans i. Virginia Plan  National legislature  Bicameral  National executive  Veto of state laws  Republican gov  Proportional represent. ii. NJ Plan  Reform articles  More legislative congress powers (taxing, commerce)  National exec: plural, removable by state  National judiciary iii. Hamilton Plan  Brit model  No state govs  National exec: life, direct election 4

b. The Great Compromise  Senate: equal rep  House of reps: proportional rep c. The 3/5 Compromise

Texts: The Declaration of Independence -Principles of Just Government Articulated -Statement of Purpose of Government Articles of Confederation: -Years of operation -Character of the Union under Articles -Notable features of Federal Government under Articles/Difference from the US Constitution -Article II (reserved powers) US Constitution: -Preamble -Article III -Sections 1 and 2 -Article II: -Vesting of Executive Power -The Electoral College -Unity of Executive -Duration of the Presidential Term of Office -Qualifications for the Presidential Office

Concepts/Constitutional Principles: -Small Republic Argument (brutus #1) -The Large/Extended Republic Argument (federalist 10) -Separation of Powers: -Perfect v. Qualified Separation of Powers (Federalist 51) -Judicial Review: -Its Constitutional Basis and Logic

-Alternatives to Judicial Review -Departmentalism -Legislative Supremacy -The Presidency: -Electoral College Electors are chosen by how state legislature decides for them to be chosen. How to determine how many electors each state will get -Rationale for Unitary Executive 5

-Rationale for Duration of the Term of Office -“Legislative Supremacy” -Executive Prerogative -The Removal Power -Executive Privilege

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