Podcast
Questions and Answers
What is the primary role of the Declaration of Independence as compared to the Constitution?
What is the primary role of the Declaration of Independence as compared to the Constitution?
Which statement accurately reflects a challenge presented by the Articles of Confederation?
Which statement accurately reflects a challenge presented by the Articles of Confederation?
According to the analogy presented, how are the Declaration of Independence and the Constitution related?
According to the analogy presented, how are the Declaration of Independence and the Constitution related?
Which issue highlighted the weaknesses of the Articles of Confederation regarding state and national authority?
Which issue highlighted the weaknesses of the Articles of Confederation regarding state and national authority?
Signup and view all the answers
What was a significant limitation of Congress under the Articles of Confederation?
What was a significant limitation of Congress under the Articles of Confederation?
Signup and view all the answers
What major decision was made at the convention in 1787 originally meant to amend the Articles of Confederation?
What major decision was made at the convention in 1787 originally meant to amend the Articles of Confederation?
Signup and view all the answers
What was the structure of the government under the Articles of Confederation?
What was the structure of the government under the Articles of Confederation?
Signup and view all the answers
How was the concept of state sovereignty reflected in the Articles of Confederation?
How was the concept of state sovereignty reflected in the Articles of Confederation?
Signup and view all the answers
What was the primary interest of senators before the 17th amendment?
What was the primary interest of senators before the 17th amendment?
Signup and view all the answers
How did the 17th amendment change the relationship between states and the Senate?
How did the 17th amendment change the relationship between states and the Senate?
Signup and view all the answers
What is a consequence of the expansion of national power referenced in the content?
What is a consequence of the expansion of national power referenced in the content?
Signup and view all the answers
What term refers to national politicians moving to find Senate seats?
What term refers to national politicians moving to find Senate seats?
Signup and view all the answers
Which clause has been re-imagined to expand federal government power?
Which clause has been re-imagined to expand federal government power?
Signup and view all the answers
By the mid-20th century, the perceived powers of the national government were viewed as nearly what?
By the mid-20th century, the perceived powers of the national government were viewed as nearly what?
Signup and view all the answers
What change occurred in the interpretation of 'commerce' since the 1700s?
What change occurred in the interpretation of 'commerce' since the 1700s?
Signup and view all the answers
Which statement reflects the current mindset of most senators as described in the content?
Which statement reflects the current mindset of most senators as described in the content?
Signup and view all the answers
What was a significant concern regarding the National Industrial Act in relation to small businesses?
What was a significant concern regarding the National Industrial Act in relation to small businesses?
Signup and view all the answers
What was the main issue with the code of fair competition in the chicken industry?
What was the main issue with the code of fair competition in the chicken industry?
Signup and view all the answers
Why was local sale of poultry after entering New York considered not to be interstate commerce?
Why was local sale of poultry after entering New York considered not to be interstate commerce?
Signup and view all the answers
What was the implication of allowing extensive federal regulation over local commerce?
What was the implication of allowing extensive federal regulation over local commerce?
Signup and view all the answers
What defined the conclusion of the Supreme Court regarding the defendants' handling of poultry?
What defined the conclusion of the Supreme Court regarding the defendants' handling of poultry?
Signup and view all the answers
What was the primary reason Lincoln suspended the writ of habeas corpus?
What was the primary reason Lincoln suspended the writ of habeas corpus?
Signup and view all the answers
What was the central argument made regarding the flow of commodities into a state?
What was the central argument made regarding the flow of commodities into a state?
Signup and view all the answers
What was Chief Justice Taney's position regarding Merryman's case?
What was Chief Justice Taney's position regarding Merryman's case?
Signup and view all the answers
The 'Sick Chicken Case' primarily dealt with which aspect of commerce?
The 'Sick Chicken Case' primarily dealt with which aspect of commerce?
Signup and view all the answers
What was the Supreme Court's stance on transactions involving poultry after local sale?
What was the Supreme Court's stance on transactions involving poultry after local sale?
Signup and view all the answers
What did Lincoln argue regarding the power to suspend habeas corpus?
What did Lincoln argue regarding the power to suspend habeas corpus?
Signup and view all the answers
Why was Maryland's vote for succession particularly important during Lincoln's presidency?
Why was Maryland's vote for succession particularly important during Lincoln's presidency?
Signup and view all the answers
What did Lincoln's approach to the constitutionality of suspending habeas corpus controversially suggest?
What did Lincoln's approach to the constitutionality of suspending habeas corpus controversially suggest?
Signup and view all the answers
What was the main legal argument underpinning Lincoln's suspension of habeas corpus?
What was the main legal argument underpinning Lincoln's suspension of habeas corpus?
Signup and view all the answers
How did Lincoln justify not waiting for Congress to be in session before suspending habeas corpus?
How did Lincoln justify not waiting for Congress to be in session before suspending habeas corpus?
Signup and view all the answers
What can be inferred about Lincoln's stance on the Constitution's limitations regarding habeas corpus?
What can be inferred about Lincoln's stance on the Constitution's limitations regarding habeas corpus?
Signup and view all the answers
What was the Supreme Court's conclusion regarding the Sherman Anti-Trust Act's application to the E.C. Knight Co. case?
What was the Supreme Court's conclusion regarding the Sherman Anti-Trust Act's application to the E.C. Knight Co. case?
Signup and view all the answers
Which aspect of the E.C. Knight Co case established a limitation on federal power under the commerce clause?
Which aspect of the E.C. Knight Co case established a limitation on federal power under the commerce clause?
Signup and view all the answers
According to the ruling, which branch of government holds the power to regulate manufacturing and agriculture?
According to the ruling, which branch of government holds the power to regulate manufacturing and agriculture?
Signup and view all the answers
What essential distinction was made between manufacture and commerce in the decision?
What essential distinction was made between manufacture and commerce in the decision?
Signup and view all the answers
What implication does the ruling carry for the scope of the Sherman Anti-Trust Act?
What implication does the ruling carry for the scope of the Sherman Anti-Trust Act?
Signup and view all the answers
Which factor was not considered relevant for commerce in the context of the case?
Which factor was not considered relevant for commerce in the context of the case?
Signup and view all the answers
What was a significant limitation noted regarding federal powers in the realm of commerce?
What was a significant limitation noted regarding federal powers in the realm of commerce?
Signup and view all the answers
How does the concept of police power relate to the E.C. Knight Co. ruling?
How does the concept of police power relate to the E.C. Knight Co. ruling?
Signup and view all the answers
What is Jefferson's view on the necessary and proper clause?
What is Jefferson's view on the necessary and proper clause?
Signup and view all the answers
According to Jefferson, why should the President not sign a bill if he believes it is unconstitutional?
According to Jefferson, why should the President not sign a bill if he believes it is unconstitutional?
Signup and view all the answers
What does Hamilton argue about the powers vested in the government?
What does Hamilton argue about the powers vested in the government?
Signup and view all the answers
What concern does Jefferson express regarding Congress's taxing power?
What concern does Jefferson express regarding Congress's taxing power?
Signup and view all the answers
What is a key distinction in Hamilton's argument regarding necessary measures?
What is a key distinction in Hamilton's argument regarding necessary measures?
Signup and view all the answers
How does Jefferson view the implications of a broad interpretation of congressional powers?
How does Jefferson view the implications of a broad interpretation of congressional powers?
Signup and view all the answers
What does Hamilton suggest about the role of opinion in determining measures of governance?
What does Hamilton suggest about the role of opinion in determining measures of governance?
Signup and view all the answers
What is the implication of Jefferson’s statement regarding powers not delegated or prohibited?
What is the implication of Jefferson’s statement regarding powers not delegated or prohibited?
Signup and view all the answers
Flashcards
Sick Chicken Case
Sick Chicken Case
A Supreme Court case (Schechter Poultry Corp v. United States) that challenged the National Industrial Recovery Act's ability to regulate intrastate commerce.
Intrastate Commerce
Intrastate Commerce
Business activities that occur entirely within a single state's borders.
Interstate Commerce
Interstate Commerce
Business activities that involve commerce across state lines.
Commerce Clause
Commerce Clause
Signup and view all the flashcards
National Industrial Recovery Act (NIRA)
National Industrial Recovery Act (NIRA)
Signup and view all the flashcards
Code of Fair Competition
Code of Fair Competition
Signup and view all the flashcards
Current Flow of Goods
Current Flow of Goods
Signup and view all the flashcards
Local Disposition
Local Disposition
Signup and view all the flashcards
Articles of Incorporation
Articles of Incorporation
Signup and view all the flashcards
Articles of Confederation
Articles of Confederation
Signup and view all the flashcards
Declaration of Independence
Declaration of Independence
Signup and view all the flashcards
State Sovereignty
State Sovereignty
Signup and view all the flashcards
Constitution
Constitution
Signup and view all the flashcards
Bylaws
Bylaws
Signup and view all the flashcards
Legislative Branch (AOC)
Legislative Branch (AOC)
Signup and view all the flashcards
Executive and Judicial Branches (AOC)
Executive and Judicial Branches (AOC)
Signup and view all the flashcards
Necessary and Proper Clause Interpretation (Hamilton)
Necessary and Proper Clause Interpretation (Hamilton)
Signup and view all the flashcards
Necessary and Proper Clause Interpretation (Jefferson)
Necessary and Proper Clause Interpretation (Jefferson)
Signup and view all the flashcards
Constitutional Limits on Congress (Jefferson's View)
Constitutional Limits on Congress (Jefferson's View)
Signup and view all the flashcards
Congress's Taxing Power (Jefferson)
Congress's Taxing Power (Jefferson)
Signup and view all the flashcards
Bank's Necessity (Jefferson's View)
Bank's Necessity (Jefferson's View)
Signup and view all the flashcards
Reserved Powers (10th Amendment)
Reserved Powers (10th Amendment)
Signup and view all the flashcards
Presidential Duty (Jefferson)
Presidential Duty (Jefferson)
Signup and view all the flashcards
Necessary (Jefferson's Definition)
Necessary (Jefferson's Definition)
Signup and view all the flashcards
Habeas Corpus
Habeas Corpus
Signup and view all the flashcards
Suspension of Habeas Corpus
Suspension of Habeas Corpus
Signup and view all the flashcards
Why was Maryland so important during the Civil war?
Why was Maryland so important during the Civil war?
Signup and view all the flashcards
Lincoln's Argument for Suspension of Habeas Corpus
Lincoln's Argument for Suspension of Habeas Corpus
Signup and view all the flashcards
Chief Justice Taney's View
Chief Justice Taney's View
Signup and view all the flashcards
What did Lincoln do after Taney's Ruling?
What did Lincoln do after Taney's Ruling?
Signup and view all the flashcards
Departmentalism
Departmentalism
Signup and view all the flashcards
Lincoln's Justification
Lincoln's Justification
Signup and view all the flashcards
What was the issue in US v. E.C. Knight Co.?
What was the issue in US v. E.C. Knight Co.?
Signup and view all the flashcards
What does 'commerce follows manufacturing' mean in the context of US v. E.C. Knight Co.?
What does 'commerce follows manufacturing' mean in the context of US v. E.C. Knight Co.?
Signup and view all the flashcards
Why was the sugar refinery monopoly not subject to the Sherman Act?
Why was the sugar refinery monopoly not subject to the Sherman Act?
Signup and view all the flashcards
How is police power relevant in US v. E.C. Knight Co.?
How is police power relevant in US v. E.C. Knight Co.?
Signup and view all the flashcards
What is the distinction between manufacturing and commerce?
What is the distinction between manufacturing and commerce?
Signup and view all the flashcards
What does US v. E.C. Knight Co. tell us about the scope of federal power?
What does US v. E.C. Knight Co. tell us about the scope of federal power?
Signup and view all the flashcards
Why did the Court view the sugar refinery case as a local issue?
Why did the Court view the sugar refinery case as a local issue?
Signup and view all the flashcards
17th Amendment
17th Amendment
Signup and view all the flashcards
Impact of 17th Amendment on Federalism
Impact of 17th Amendment on Federalism
Signup and view all the flashcards
Carpetbagging
Carpetbagging
Signup and view all the flashcards
Expansion of Federal Power
Expansion of Federal Power
Signup and view all the flashcards
Interstate Commerce Clause
Interstate Commerce Clause
Signup and view all the flashcards
Necessary and Proper Clause
Necessary and Proper Clause
Signup and view all the flashcards
Commerce
Commerce
Signup and view all the flashcards
Limited Enumerated Powers
Limited Enumerated Powers
Signup and view all the flashcards
Study Notes
Biblical Background of Government
- Scripture does not explicitly state the ideal government system.
- Justices Thomas and Scalia hold contrasting views. Thomas prioritizes eternal law over constitutional law, while Scalia prioritizes constitutional compliance regardless of other laws.
- Thomas Paine perceived monarchy as inherently corrupting.
- The book of Judges portrays a pre-monarchy Israel governed directly by God, with human agents as intermediaries.
- A cyclical pattern of disobeying God, facing punishment, and then repenting is apparent through the Judges' rule.
- The transition to a monarchy in Israel is seen as a rejection of God's direct rule and a preference for human leadership.
- David's kingship is presented as divinely ordained, fulfilling Melchizedek's priestly role, and foreshadowing Jesus.
- Romans 13 suggests government's divine ordination.
- Romans 13 advises submission to governing authorities.
Originalism/Textualism v. Living Constitution
- Originalism/Textualism interprets the Constitution as its framers intended.
- A written document is interpreted using the language at the time it was written; this meaning remains unchanged unless the document is amended.
- The living constitution adapts the document's application to changing societal needs and contemporary understandings.
- The living constitution promotes flexibility as needed for current social circumstances and norms.
- Originalism arguments tend to favor limiting constitutional changes.
- Living constitution argues that the Constitution should be reexamined in order to keep up with modern needs.
- Originalism is considered more stable, although it might create injustices or inequalities. A living constitution can change with time and new understandings.
Judicial Review
- Marbury v Madison established judicial review.
- The Court declared an act of Congress unconstitutional.
- The Constitution's Supreme Law prioritizes the Constitution over statutes.
- Justices must interpret the Constitution and ensure its supremacy.
- Judicial review is necessary to uphold legal checks and balances.
The Commerce Clause
- Commerce used to be defined as buying and selling goods across state borders.
- Commerce Clause: Now includes all economic activity (1937 onward) that substantially affects interstate commerce
- Congress can now regulate almost any activity.
- Wickard v Filburn exemplifies the substantial effects doctrine.
- Lopez v. U.S. narrowed Congress’s power to regulate interstate commerce.
- The rational basis test is subject to judicial review.
Federalism
- States have retained power to rule, with the U.S. government being seen as co-equal.
- The 10th amendment reserves powers to states/people not enumerated for federal power.
- Some believe states need protection from excess federal power; others believe the states are best served by some federal control.
- The U.S. Supreme Court’s role in delineating the dividing line between state and federal powers has been contentious.
- The Civil War period has altered the balance of power between the states and the federal government significantly.
- National League of Cities established a test (traditional governmental functions test) in order to limit Congress's overreach in regulating state affairs however that was later overruled in Garcia v San Antonio Metropolitan Transit Authority.
- Federal regulations that directly control state’s lawmaking bodies are seen as unconstitutional.
- The commerce clause has broadened dramatically over time, requiring judicial review to keep Congress in line.
Impeachment
- The power to impeach (the House) and to try impeachments (the Senate) is explicitly provided by the U.S. Constitution.
- High crimes and misdemeanors refer to serious misconduct, going beyond minor infractions, but the details for this are vague.
- The process is political, and a president can be impeached and removed without necessarily committing a crime.
The Presidential Power
- Expanded powers for executive/president during wartime, however, war powers are in question
- The President has powers when acting based on congress’s authorization or the explicit text of the constitution.
- The President may not make laws nor claim powers solely based on his/her position, without explicit constitutional/congressional approval.
- The President can remove executive appointees unilaterally; the rules for non-executive removal requires congressional approval.
- The executive is weakest when acting in opposition to congress
- Executive branch holds limited powers; they are constrained by separation of powers.
Political Question Doctrine
- The political question doctrine is when the courts abstain from resolving an issue because it is either not appropriate for a court, not clearly defined, or because another branch of government has proper role in dealing with a topic.
- The court will abstain even if it’s clear there is a legal issue that is ripe for a decision.
- The cases that the courts cannot decide are often ones that are strongly political in nature or where other branches have already taken action on the matter.
Standing
- Standing requirements keep the court from becoming a policymaker by filtering out cases that don’t involve actual injuries requiring redress.
- In order to have standing, a plaintiff must demonstrate personal injury, caused by the defendant, and likely redress by a court ruling.
- The court will usually not address issues presented in the absence of injury or legal standing from the party making the argument.
Treaties
- Treaties are given explicit authority in the constitution and are considered the supreme law of the land.
- Executive Agreements are subject to regulation by Congress and do not supersede statute law.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz explores the differences between the Declaration of Independence and the Constitution, as well as the challenges faced by the Articles of Confederation. It covers the primary roles, governmental structures, and limitations present in early American governance. Test your knowledge on these foundational documents and their impact on state and national authority.