US History: Declaration vs Constitution
48 Questions
0 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is the primary role of the Declaration of Independence as compared to the Constitution?

  • To establish the existence of the nation (correct)
  • To provide a framework for government operations
  • To outline the powers of the executive branch
  • To act as a treaty between the states
  • Which statement accurately reflects a challenge presented by the Articles of Confederation?

  • It granted primary authority to the federal government.
  • It established a strong executive branch.
  • It eliminated the sovereignty of individual states.
  • It required all thirteen states to unanimously agree on decisions. (correct)
  • According to the analogy presented, how are the Declaration of Independence and the Constitution related?

  • The Declaration can overwrite the Constitution.
  • The Constitution replaces the Declaration of Independence without regard.
  • The Constitution should be interpreted in context with the Declaration. (correct)
  • The Constitution operates independently of the Declaration.
  • Which issue highlighted the weaknesses of the Articles of Confederation regarding state and national authority?

    <p>States had sovereign powers to wage war. (A)</p> Signup and view all the answers

    What was a significant limitation of Congress under the Articles of Confederation?

    <p>Congress had no pay for congressmen and imposed term limits. (A)</p> Signup and view all the answers

    What major decision was made at the convention in 1787 originally meant to amend the Articles of Confederation?

    <p>To create the Constitution that replaced the Articles. (D)</p> Signup and view all the answers

    What was the structure of the government under the Articles of Confederation?

    <p>A unicameral legislature without an executive or judiciary. (D)</p> Signup and view all the answers

    How was the concept of state sovereignty reflected in the Articles of Confederation?

    <p>States were recognized as having their own sovereign powers. (A)</p> Signup and view all the answers

    What was the primary interest of senators before the 17th amendment?

    <p>To protect the interests of the states (C)</p> Signup and view all the answers

    How did the 17th amendment change the relationship between states and the Senate?

    <p>Senators now represent national interests more than state interests (B)</p> Signup and view all the answers

    What is a consequence of the expansion of national power referenced in the content?

    <p>The federal government can regulate nearly everything (C)</p> Signup and view all the answers

    What term refers to national politicians moving to find Senate seats?

    <p>Carpetbagging (A)</p> Signup and view all the answers

    Which clause has been re-imagined to expand federal government power?

    <p>Necessary and Proper Clause (C)</p> Signup and view all the answers

    By the mid-20th century, the perceived powers of the national government were viewed as nearly what?

    <p>Almost unlimited (C)</p> Signup and view all the answers

    What change occurred in the interpretation of 'commerce' since the 1700s?

    <p>Commerce includes activities like manufacturing and mining (B)</p> Signup and view all the answers

    Which statement reflects the current mindset of most senators as described in the content?

    <p>They see themselves more as national politicians (B)</p> Signup and view all the answers

    What was a significant concern regarding the National Industrial Act in relation to small businesses?

    <p>It favored large corporations over mom and pop shops. (A)</p> Signup and view all the answers

    What was the main issue with the code of fair competition in the chicken industry?

    <p>It conflicted with Jewish kosher laws on purchases. (D)</p> Signup and view all the answers

    Why was local sale of poultry after entering New York considered not to be interstate commerce?

    <p>The sales occurred solely within state jurisdiction. (A)</p> Signup and view all the answers

    What was the implication of allowing extensive federal regulation over local commerce?

    <p>It could lead to unlimited federal power over all commerce. (D)</p> Signup and view all the answers

    What defined the conclusion of the Supreme Court regarding the defendants' handling of poultry?

    <p>The handling was entirely local and not subject to federal regulation. (C)</p> Signup and view all the answers

    What was the primary reason Lincoln suspended the writ of habeas corpus?

    <p>Due to rebellion and insurrection (C)</p> Signup and view all the answers

    What was the central argument made regarding the flow of commodities into a state?

    <p>The constant flow does not grant ongoing federal jurisdiction once co-mingled. (A)</p> Signup and view all the answers

    What was Chief Justice Taney's position regarding Merryman's case?

    <p>Merryman was unlawfully imprisoned (C)</p> Signup and view all the answers

    The 'Sick Chicken Case' primarily dealt with which aspect of commerce?

    <p>The legality of federal interference in state commerce. (B)</p> Signup and view all the answers

    What was the Supreme Court's stance on transactions involving poultry after local sale?

    <p>They were acknowledged as independent from federal regulations. (C)</p> Signup and view all the answers

    What did Lincoln argue regarding the power to suspend habeas corpus?

    <p>He had the right due to public safety requirements (A)</p> Signup and view all the answers

    Why was Maryland's vote for succession particularly important during Lincoln's presidency?

    <p>It was essential for the Union's strategic position (D)</p> Signup and view all the answers

    What did Lincoln's approach to the constitutionality of suspending habeas corpus controversially suggest?

    <p>Presidential power can supersede Congressional authority (C)</p> Signup and view all the answers

    What was the main legal argument underpinning Lincoln's suspension of habeas corpus?

    <p>The Constitution allows suspension during invasion or rebellion (C)</p> Signup and view all the answers

    How did Lincoln justify not waiting for Congress to be in session before suspending habeas corpus?

    <p>He thought it was crucial to act quickly to maintain order (D)</p> Signup and view all the answers

    What can be inferred about Lincoln's stance on the Constitution's limitations regarding habeas corpus?

    <p>He interpreted it as needing flexibility in times of crisis (D)</p> 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?

    <p>Manufacturing does not fall under the definition of commerce. (D)</p> 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?

    <p>Manufacturing within a single state does not constitute interstate commerce. (C)</p> Signup and view all the answers

    According to the ruling, which branch of government holds the power to regulate manufacturing and agriculture?

    <p>State government (A)</p> Signup and view all the answers

    What essential distinction was made between manufacture and commerce in the decision?

    <p>Manufacture is the transformation of materials, while commerce involves trade. (A)</p> Signup and view all the answers

    What implication does the ruling carry for the scope of the Sherman Anti-Trust Act?

    <p>The Act is ineffective against in-state manufacturing monopolies. (A)</p> Signup and view all the answers

    Which factor was not considered relevant for commerce in the context of the case?

    <p>Production of goods for future sale (A)</p> Signup and view all the answers

    What was a significant limitation noted regarding federal powers in the realm of commerce?

    <p>Federal government cannot regulate commerce that does not cross state lines. (A)</p> Signup and view all the answers

    How does the concept of police power relate to the E.C. Knight Co. ruling?

    <p>States can regulate areas not covered by federal commerce power. (B)</p> Signup and view all the answers

    What is Jefferson's view on the necessary and proper clause?

    <p>It confines congressional powers to those specifically stated. (D)</p> Signup and view all the answers

    According to Jefferson, why should the President not sign a bill if he believes it is unconstitutional?

    <p>The President should defer to the coequal legislative branch. (B)</p> Signup and view all the answers

    What does Hamilton argue about the powers vested in the government?

    <p>Their nature is sovereign and includes necessary means for their attainment. (C)</p> Signup and view all the answers

    What concern does Jefferson express regarding Congress's taxing power?

    <p>Taxes must be strictly for paying debts and providing for the general welfare. (B)</p> Signup and view all the answers

    What is a key distinction in Hamilton's argument regarding necessary measures?

    <p>Necessity does not determine the legal right to adopt measures. (B)</p> Signup and view all the answers

    How does Jefferson view the implications of a broad interpretation of congressional powers?

    <p>It leads to unlimited power without definable boundaries. (B)</p> Signup and view all the answers

    What does Hamilton suggest about the role of opinion in determining measures of governance?

    <p>It can only provide guidance but not legal authority. (D)</p> Signup and view all the answers

    What is the implication of Jefferson’s statement regarding powers not delegated or prohibited?

    <p>They are reserved for the states. (A)</p> Signup and view all the answers

    Flashcards

    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

    Business activities that occur entirely within a single state's borders.

    Interstate Commerce

    Business activities that involve commerce across state lines.

    Commerce Clause

    A clause in the US Constitution that gives Congress the power to regulate interstate commerce.

    Signup and view all the flashcards

    National Industrial Recovery Act (NIRA)

    New Deal legislation that attempted to regulate industries to stimulate the economy by, in part, setting up codes of fair competition.

    Signup and view all the flashcards

    Code of Fair Competition

    Regulations set by the New Deal to manage industries and limit competition, often through cartel-like rules.

    Signup and view all the flashcards

    Current Flow of Goods

    Goods are actively moving interstate which could be subject to interstate commerce regulation

    Signup and view all the flashcards

    Local Disposition

    Businesses within a state or region are dealing with goods, this would not be considered commerce as that 'flow' has stopped

    Signup and view all the flashcards

    Articles of Incorporation

    The foundational document of a corporation, outlining its key principles and existence.

    Signup and view all the flashcards

    Articles of Confederation

    The first attempt at a governing document for the newly formed United States, prioritizing state sovereignty.

    Signup and view all the flashcards

    Declaration of Independence

    A declaration of the United States' existence and principles, not a governing document.

    Signup and view all the flashcards

    State Sovereignty

    The principle that states, rather than a central government, hold ultimate power and authority.

    Signup and view all the flashcards

    Constitution

    A document adopted to fix the shortcomings of the Articles of Confederation, establishing a governing structure.

    Signup and view all the flashcards

    Bylaws

    Rules and regulations that detail the operational procedures of a corporation or organization, guided by foundational documents.

    Signup and view all the flashcards

    Legislative Branch (AOC)

    The branch under Articles of Confederation which composed the central governing body with each state holding one vote.

    Signup and view all the flashcards

    Executive and Judicial Branches (AOC)

    The absence of executive and judicial branches within the structure of the Articles of Confederation.

    Signup and view all the flashcards

    Necessary and Proper Clause Interpretation (Hamilton)

    Hamilton argued that the government's powers are inherent and include any means to achieve its goals, as long as those means are not forbidden by the Constitution or contrary to societal values.

    Signup and view all the flashcards

    Necessary and Proper Clause Interpretation (Jefferson)

    Jefferson argued that the government is limited to only those powers explicitly granted; necessary means essential for achieving explicitly stated objectives.

    Signup and view all the flashcards

    Constitutional Limits on Congress (Jefferson's View)

    Jefferson believed Congress's tax power was limited to paying debts and providing for the general welfare, which was directly linked to the taxing power.

    Signup and view all the flashcards

    Congress's Taxing Power (Jefferson)

    The taxing power cannot be used for any purpose Congress wants; Congress can tax only to pay debts or for the general welfare, stated and connected within the Constitution.

    Signup and view all the flashcards

    Bank's Necessity (Jefferson's View)

    Jefferson argued a national bank was not necessary because other means could be used to carry out delegated congressional powers.

    Signup and view all the flashcards

    Reserved Powers (10th Amendment)

    Powers not delegated to the national government or prohibited to the states, are reserved to those respective states, or to the people at large.

    Signup and view all the flashcards

    Presidential Duty (Jefferson)

    Jefferson believed the president should not sign legislation deemed unconstitutional but should defer to the legislature when unsure..

    Signup and view all the flashcards

    Necessary (Jefferson's Definition)

    Jefferson believed "necessary" meant essential. If there are other ways to fulfill a specific power, the power shouldn't be implemented.

    Signup and view all the flashcards

    Habeas Corpus

    A legal writ that requires a person to be brought before a judge to determine if they are being detained lawfully. It's a safeguard against unlawful imprisonment.

    Signup and view all the flashcards

    Suspension of Habeas Corpus

    The temporary power of the government to detain people without legal process, typically during emergencies like rebellion or invasion. This right is granted in the Constitution under certain conditions.

    Signup and view all the flashcards

    Why was Maryland so important during the Civil war?

    Maryland's location between Washington D.C. and the South made it strategically crucial for the Union. If Maryland seceded, it would have cut off the nation's capital from the rest of the Union.

    Signup and view all the flashcards

    Lincoln's Argument for Suspension of Habeas Corpus

    Lincoln argued that he had the authority to suspend habeas corpus due to the Civil War, even without Congressional approval, to preserve the Union. He asserted that the Constitution allowed for this action in cases of rebellion.

    Signup and view all the flashcards

    Chief Justice Taney's View

    Taney, the Chief Justice, argued that only Congress could suspend habeas corpus, not the President. He believed Lincoln was overstepping his authority.

    Signup and view all the flashcards

    What did Lincoln do after Taney's Ruling?

    Lincoln ignored Taney's ruling and continued to suspend habeas corpus, prioritizing the preservation of the Union over legal objections. He essentially challenged the Supreme Court's authority.

    Signup and view all the flashcards

    Departmentalism

    A legal theory that each branch of government (Executive, Legislative, Judicial) has the right to interpret the Constitution independently.

    Signup and view all the flashcards

    Lincoln's Justification

    Despite potentially exceeding his authority, Lincoln argued that he acted out of necessity to save the Union. He rationalized that the consequences of inaction would be much worse than any constitutional violation.

    Signup and view all the flashcards

    What was the issue in US v. E.C. Knight Co.?

    The Supreme Court considered whether the Sherman Antitrust Act could be applied to a sugar refinery that operated entirely within Pennsylvania and did not engage in interstate commerce.

    Signup and view all the flashcards

    What does 'commerce follows manufacturing' mean in the context of US v. E.C. Knight Co.?

    The Court determined that manufacturing activities within a single state don't constitute interstate commerce, even if the products are eventually sold across state lines. The act of manufacturing, even if intended for interstate sale, was not itself considered commerce.

    Signup and view all the flashcards

    Why was the sugar refinery monopoly not subject to the Sherman Act?

    The Court argued that the Sherman Antitrust Act aimed to regulate commerce, not manufacturing. Since the refinery was entirely contained within one state, its operations weren't considered interstate commerce, even if the sugar was eventually sold across state lines.

    Signup and view all the flashcards

    How is police power relevant in US v. E.C. Knight Co.?

    The Court suggested that since the federal government does not have the power to regulate activities that aren't part of interstate commerce, these activities fall under the police power of the states.

    Signup and view all the flashcards

    What is the distinction between manufacturing and commerce?

    The Court emphasizes the distinction between 'transformation' (manufacturing) and 'commerce' (buying, selling, transporting goods across state lines). Manufacturing, even if intended for interstate sale, is not considered commerce.

    Signup and view all the flashcards

    What does US v. E.C. Knight Co. tell us about the scope of federal power?

    The case established a narrow interpretation of the Commerce Clause, suggesting that manufacturing activities within a state are not subject to federal regulation, even if those goods are eventually sold across state boarders.

    Signup and view all the flashcards

    Why did the Court view the sugar refinery case as a local issue?

    The Court ruled that the refinery's operations were entirely within Pennsylvania and did not involve commerce that crossed state lines. Therefore, it was a matter for state regulation.

    Signup and view all the flashcards

    17th Amendment

    This amendment changed the way senators are elected, leading to a shift in their focus from representing states to representing the entire nation.

    Signup and view all the flashcards

    Impact of 17th Amendment on Federalism

    This amendment weakened federalism by reducing the influence of states in the Senate, as senators became more focused on national interests instead of state interests.

    Signup and view all the flashcards

    Carpetbagging

    This describes politicians who move to different states primarily to run for office, often seeking seats in the Senate. It highlights the shift towards national-level politics.

    Signup and view all the flashcards

    Expansion of Federal Power

    The federal government's power has expanded beyond its limited, enumerated powers in the Constitution, leading to a more powerful central government.

    Signup and view all the flashcards

    Interstate Commerce Clause

    This clause in the Constitution gives Congress the power to regulate commerce between states. It has been broadly interpreted to expand federal power.

    Signup and view all the flashcards

    Necessary and Proper Clause

    This clause grants Congress implied powers, meaning it has the power to make laws that are necessary and proper for carrying out its expressed powers.

    Signup and view all the flashcards

    Commerce

    The original definition of commerce was limited to the buying and selling of goods. Now, it broadly includes activities like manufacturing, mining, and milling.

    Signup and view all the flashcards

    Limited Enumerated Powers

    The original idea of federalism was that the federal government had limited powers, specifically listed in the Constitution. This power has expanded significantly.

    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.

    Quiz Team

    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.

    More Like This

    Use Quizgecko on...
    Browser
    Browser