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1. How did Congress and the states operate under the Articles of Confederation?

Difficult to raise revenue under the Articles. Unicameral legislature. Central government was weak under the Articles.

2. What were the major problems with the Articles and how did the Constitution set to rectify those problems?

Confederal systems placed impressive powers in the hands of the individual states. This left the national government weak. The national government could hardly defend itself, could not raise an army, and had no power to regulate interstate commerce.

3. What was Shays’ Rebellion and how did it influence the Constitution Convention?

This rebellion revealed a primary weakness of the Articles, the central government was unable to address economic and security crises. The fear of other such rebellions created the stir to call for another convention to remedy the weaknesses.

4. Which aspect of the Constitution reflects popular, majoritarian democracy? Why?

Under the original constitution only the HOUSE of Representatives was directly elected. Originally the Senate was appointed (changed by the 17th Amendment). The president is STILL chosen by the Electoral College and Federal judges are still appointed by the President.

5. What were the Federalist Papers? What is their significance?

Essays written by Madison, Hamilton and Jay to convince states like New York to ratify the new US Constitution.

6. What were the major arguments in Federalist #10? How did those arguments impact our democracy?

Madison argues for a REPUBLIC over a democracy AND a LARGE republic over a small republic. His primary concern was how best to control the ills of factions. Personal liberty means factions will aways be around. A large republic, however, can mitigate the influences of potentially dangerous factions.

7. Why are checks and balances such an important facet of American democracy? Give a couple examples of checks and balances.

Another safeguard against too much power in one place. Checks and balances occur between branches - like a President's veto of a Legislative bill - but can also exist within branches - like the House impeaches but the Senate removes.

8. Explain the significance Shenk vs. US? What right/s did the clear and present danger test limit? Why?

Cases like this reveal that our fundamental freedoms, like speech, have certain limits.

9. Define symbolic speech. Give examples. Why is that right deemed so important?

The First Amendment protects not only speech but articles of clothing, signs, etc. that count as speech.

10. Explain the significance of the Gideon case.

6th Amendment case that applied the right to counsel (an attorney) to all states. This is an example of selective incorporation.

11. Explain the significance of Marbury v. Madison.

This case established Judicial Review. The Federal courts have the right to rule on the constitutionality of law.

12. Explain the significance of McCulloch v. Maryland.

This early case solidified the supremacy of the national government. The details here surrounded the National Bank. Though a National Bank is not mentioned within the Constitution the Court ruled, using the "necessary and proper clause," it was in order and the States could not oppose the Bank.

13. Define due process. What are some due process rights given to persons when arrested and charged with a serious crime?

5th and 14th Amendment. Procedural equality guaranteed to all.

14. Explain the significance of the Miranda case.

"You have the right to remain silent, anything you say can and will be used against you. You have a right to an attorney, if you cannot afford one one will be appointed to you."

15. Explain the significance of Roe. V. Wade and Griswold v. Connecticut. How are those two cases linked?

These two cases utilized "the right to privacy." Though not mentioned in the Constitution the Courts have now elevated "privacy" to a fundamental right protected by the Constitution.

16. Explain Title 9. What major piece of legislation is Title 9 a part of? What is the significance of Title 9?

Extended women's rights further.

17. Explain the significance of Baker v. Carr.

"One man, one vote." This case brought the Supreme Court into the political thicket. The Court hoped to use its muscle to make the legislative redistricting process more democratic and fair.

18. Explain the significance of Brown v. Brd of Education. Which prior Supreme Court case did it overturn.

The Plessy v. Ferguson precedent, "separate but equal," was overturned. Using, in part, the interstate commerce clause the Court ruled "separate in inherently unequal." This moved us closer to an integrated society.

19. Explain the significance of the Civil Rights Act of 1964. What power did Congress use to justify this federal mandate?

Law that hoped to break down existing Jim Crow laws that had been used for decades to segregate the South.

20. Explain the significance of Mapp v. Ohio.

4th Amendment case. Selectively incorporated the "exclusionary rule."

21. Explain the significance of selective incorporation.

Case by case, little by little, the Supreme Court has applied the Bill of Rights to the States using the 14th Amendment's "due process" clause. Expanded the power of the Federal government but also extended fundamental liberties to all.

22. Explain historic tools used in the south to limit black participation in elections after the passage of the 14 and 15th amendments.

Literacy test. Grandfather clauses. Poll taxes. Intimidation.

23. Explain the significance of the Civil Rights amendments?

13th - abolished slavery. 14th - citizenship/due process/equal protection to all African Americans 15th - right to vote for black males over 21

24. Define bill of attainder. Why was it added in the Constitution?

Right to a trial by a judiciary

25. Define habeas corpus petition.

Right to be told why you are being held in custody.

26. Explain the significance of the Great compromise.

Settled by agreeing to a bicameral legislature - House based upon population and the Senate equally distributed (each state has 2 senators). This compromise allowed the Constitutional convention to continue. It brokered a deal between the big states and small states.

27. What are the five provisions of the first amendment?

Speech, Press, Religion (establishment and free exercise), Petition and Assembly

28. Explain the two clauses pertaining to freedom of religion. Explain the significance of the wall of separation.

Establishment of Religion - no state supported religion (a wall of separation should exist between government and religion) Free Exercise - within reason citizens are empowered to practice any religion of their choice.

29. Name the most common method of amending the Constitution. How does it reflect the federal structure of the US government?

Congress proposes. State legislatures ratify.

30. Define the necessary and proper clause. How does it impact the federal and state governments?

Informal power given to the Congress (Federal legislature) to enact laws that are necessary. Also called the elastic clause.

31. Define the 10th amendment. Why is it called the reserved powers clause?

Guarantees states' rights. Powers are reserved to the states. Such powers are NOT specifically listed but guaranteed. The Courts ultimately define what these powers are.

32. Which expressed power has been used most often by the federal government to expand its power?

Interstate commerce clause.

33. Define fiscal and cooperative federalism.

Most commonly called "MARBLE CAKE" federalism. The duties of the national, state and local governments are mixed. Education policy, for example, is shared by all levels of government.

34. Define block grants. Categorical grants.

Block grants - money given to the states by the national government - give the states the most discretion, yet still require the states to spend money on national priorities. Categorical grants - money given to the states by the national government - tend to be more restrictive and dictate exactly how the money is to be used. States prefer block grants.

35. Define unfunded mandate.

Mandates are national priorities that states are REQUIRED to fulfill. Often these requirements are left unfunded. States have to pay nonetheless.

36. Define elite theory. Pluralist theory. What are the differences between the two theories?

Elitist systems are controlled by a single minority of "the best and the brightest." Pluralist systems allow for many different groups to compete for power.

37. How has American political culture changed since the 1950s? Why has that changed occurred?

TRUST in our institutions has declined.

38. Define federalism.

The division of sovereign power between national, state and local governments.

39. Which three arenas are still truly under local authority?

Local governments still retain majority interest in education, local zoning, and sales tax.

40. Explain the significance of welfare reform (i.e. from AFDC to TANF).

Best example of DEVOLUTION. There has been a movement more recently seeking to limit the size and growth of the national government. There have been a few successes. One example would be welfare reform (TANF). Local governments have been empowered to change how welfare is distributed. New Federalism, as it is called, continues to be a major issue for conservative groups.