US History: Declaration vs Constitution

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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?

States had sovereign powers to wage war. Signup and view all the answers

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

Congress had no pay for congressmen and imposed term limits. Signup and view all the answers

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

To create the Constitution that replaced the Articles. Signup and view all the answers

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

A unicameral legislature without an executive or judiciary. Signup and view all the answers

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

States were recognized as having their own sovereign powers. Signup and view all the answers

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

To protect the interests of the states Signup and view all the answers

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

Senators now represent national interests more than state interests Signup and view all the answers

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

The federal government can regulate nearly everything Signup and view all the answers

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

Carpetbagging Signup and view all the answers

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

Necessary and Proper Clause Signup and view all the answers

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

Almost unlimited Signup and view all the answers

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

Commerce includes activities like manufacturing and mining Signup and view all the answers

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

They see themselves more as national politicians Signup and view all the answers

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

It favored large corporations over mom and pop shops. Signup and view all the answers

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

It conflicted with Jewish kosher laws on purchases. Signup and view all the answers

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

The sales occurred solely within state jurisdiction. Signup and view all the answers

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

It could lead to unlimited federal power over all commerce. Signup and view all the answers

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

The handling was entirely local and not subject to federal regulation. Signup and view all the answers

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

Due to rebellion and insurrection Signup and view all the answers

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

The constant flow does not grant ongoing federal jurisdiction once co-mingled. Signup and view all the answers

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

Merryman was unlawfully imprisoned Signup and view all the answers

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

The legality of federal interference in state commerce. Signup and view all the answers

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

They were acknowledged as independent from federal regulations. Signup and view all the answers

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

He had the right due to public safety requirements Signup and view all the answers

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

It was essential for the Union's strategic position Signup and view all the answers

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

Presidential power can supersede Congressional authority Signup and view all the answers

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

The Constitution allows suspension during invasion or rebellion Signup and view all the answers

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

He thought it was crucial to act quickly to maintain order Signup and view all the answers

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

He interpreted it as needing flexibility in times of crisis 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?

Manufacturing does not fall under the definition of commerce. 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?

Manufacturing within a single state does not constitute interstate commerce. Signup and view all the answers

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

State government Signup and view all the answers

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

Manufacture is the transformation of materials, while commerce involves trade. Signup and view all the answers

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

The Act is ineffective against in-state manufacturing monopolies. Signup and view all the answers

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

Production of goods for future sale Signup and view all the answers

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

Federal government cannot regulate commerce that does not cross state lines. Signup and view all the answers

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

States can regulate areas not covered by federal commerce power. Signup and view all the answers

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

It confines congressional powers to those specifically stated. Signup and view all the answers

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

The President should defer to the coequal legislative branch. Signup and view all the answers

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

Their nature is sovereign and includes necessary means for their attainment. Signup and view all the answers

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

Taxes must be strictly for paying debts and providing for the general welfare. Signup and view all the answers

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

Necessity does not determine the legal right to adopt measures. Signup and view all the answers

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

It leads to unlimited power without definable boundaries. Signup and view all the answers

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

It can only provide guidance but not legal authority. Signup and view all the answers

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

They are reserved for the states. Signup and view all the answers

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.

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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.