PSC 2302 Final

Year: 1975Author: Martin DiamondSummary: Declaration doesn't institute a particular form of government; any form is good as long as institutes equal freedom and instituted by popular consent. The abstract expectations of the American Revolution differed from those of Robespierre or Stalin because liberty was reasonable and capable of achievement. Coolheaded, didn't require mass executions,tyranny, etc.

Showed wisdom, deliberate, realistic approach of founders.

Year: 1787Author: Brutus was a pseudonym; probably Richard YatesSummary: Antifederalist paper saying that constitution provides for an unchecked power for the federal government, so that eventually the states will be stripped of their power and not needed. A free republic of such large size cannot survive, historically. It will lead to oppression of the people and inefficiency.If constitution plans to consolidate 13 states into 1 government, it should not be passed.

Year: 1787Author: James MadisonSummary: One of the most frequenctly heard complaints about our nation (and other nations) is the extreme factions that often lead to violence.

A republic (not a democracy) can be the cure for this! The constitution established this Republic/remedy. Factions will always be present. But with a larger federal government/republic, each faction will be weaker and will therefore not have the resources to initiate significant violence.

Year: 1788Author: MadisonSummary: separation of powers! Branches can be mostly independent of each other but not abolutely.

Year: 1788Author: "Brutus" (pseudonym)Summary: The Supreme Court has too much power, unchecked by other branches. OK to have "operation under good behavior," but no accountability for decisions of the court (as Britain had); This makes the Supreme Court way too powerful! Could abuse power and eventually get rid of state governments.

Year: 1788Author: HamiltonSummary: Independent judicial branch is important and is, in fact, the weakest branch because they can never threaten liberty. Its permanence prevents political influence from other branches or citizens because of reelection, salary, etc.Suggests concept of judicial review (not actually confirmed by courts until Marbury v Madison)

Year: 1803Author of opinion: John MarshallSummary: Midnight appointments-->Marbury wants his appointment that wasn't delivered (but was signed and sealed). Petitioned for writ of mandamus.

Madison (new Secretary of State) refused to deliver appointments. Marshall states that although, Marbury deserved the appointment, the court did not have power to enforce constitutionality.Established concept of judicial review.

Year: 1788Author: HamiltonSummary: A strong, single executive is important for prompt decisions. A term of 4 years allows the president to make and enact policy choices thought best for the nation, without the influence of politics of election by congress or constituents.

Date: 1787Author: "Cato"Summary: Antifederalist paper; 1 year is ideal term for presidency.

Dangerous to have a vice president. The president is similar to the monarch of Britain.

Date: 1926Author of opinion: TaftSummary: Myers was an appointed postmaster, guarenteed 4 years of work. Pres Wilson fired him without senate approval.

Myers sued. Court decided that it was within Pres power to fire appointed officers.

Date: 1974Author of Opinion: BurgerSummary: Nixon was subpoenaed for audio recordings of Watergate. Nixon said that he had the executive privilege to keep confidential to protect national security. Court decided that in this case, he MUST abide by subpoena.

In matters of national security, decision would have been different.

Date: 1791Author: JeffersonSummary: The establishment of the Bank is not constitutional. It is not "Necessary," only "convenient." Congress cannot continue doing things that are just "convenient". Not in constitutional.

Date: 1819Author: MarshallSummary: Maryland imposed a tax on the National Bank.

The bank manager refused to pay taxes. Decision: Maryland cannot tax bank.

aka Aristotlian tradition"A human being is by nature a political animal"humans are born with opinions (can think about justice, goodness, etc)Citizenship= subordination of private interest to the common good of political community.Purpose of political community: education about moral responsibilities

History/tradition provides moral standardsunwritten constitution/common law tradition- ex. Parliamentary sovereinty, magna carta, Writ of Habeus Corpus, "The RIghts of Englishmen"

Influence by Hobbes and Lockeborn with natural rights to freedom and equality (no ruler in nature, so born free)Social Contract=sign away some personal rights of nature in order to establish a common power, so that society is orderedWhen natural rights are not being met, disobedience of government is justified

Nat.

Legislature:- bicameral- proportional representationExec:- selected by congress-one term limitJudiciary:- tenure of good behavior- fixed compensationOther:- national veto of state lawsAuthor: JAMES MADISON

Reform Articles of Confederation- more leg. powers to congress- committee for exec branch- add national judiciaryMinor changes

The British Model- VERY powerful federal government(could have been strategic in posing such a radical form of government, so that the VIrginia plan seemed more reasonable)

July 16, 1787 @ Constitutional Convention- senate has equal representation- house has proportional representation

compromise of southern states and northern states over whether slaves would be included in calculations for representation in congress and taxationAgreed that would count as 3/5actually never used term "slavery" because didn't want to legitimize the idea that person could be property

1781-1789Institutional Problems- no separation of powers- states nearly sovereignConsequences:- congress almost went bankrupt/no power to tax- no enforcement powers- to authority to regulate commerce

very short; regarding judicial branch/supreme and inferior courtsappellate vs original jurisdiction

EXECUTIVE BRANCHvested in president of USAterm of 4 years, alongside VPincludes powers of president, requirements to become president

LEG. BRANCH

supremacy clause: state courts are bound by federal courtsex. McCulloch v Maryland

Any power not given to the federal government is given to the peoplesome see it as pointless, because Supreme Court has rarely had to use it for decisions.

Federalist 10- James Madisonwe can still control faction with a large republic; each faction will be weaker.