Mid-Term Material Flashcards

Question

What was the Wickard v. Filburn case?

Answer 1

Does the Article 1 section 8 regulation of interstate commerce allow Congress to regulate what one grows on their own property for their own use? **A1 S8 is an elastic clause it will be a constant debate how far it stretches** Decision: Yes as it does affect the market

Answer 2

Submit, obey, honor, taxes, prayer. Only disobey orders that would require us to sin instead we will submit to punishment.

Answer 3

Accommodating scripture to match what one already believes.

Answer 4

Governments are essentially under Satan's power. God uses governments as they are to do His will. Satan said he had control over kingdoms and Jesus did not dispute. Government is instituted by man and God orders them as a librarian. Obedience to government is a necessary evil and Christians should have little to do with government as possible (pacifism) Negative view of government

Answer 5

God is in absolute control of governments from beginning to end. Disagrees with Boyd's view. Jesus did not have to address all of Satan's statements because he was the father of lies. Government is to bless the good and punish the evil. Satan would not do this. Positive view of government

Answer 6

Winthrop was in trial and was acquitted from trials that claimed he had meddled in election -Two kinds of nature: 1) natural: license to do whatever you want 2) civil/moral: liberty under law -When a ruler makes a mistake we ought to bear with and uphold the authority working within the system **patience**

Answer 7

No, Ananias and Saphira were not killed for not giving everything to the church but for deceiving the Holy Spirit

Answer 8

Sack of Rome 410 fear that Christians would be blamed and persecuted. He was first a theologian and explained Christianity to readers while encouraging Christians. -Two cities: City of God- love of God at contempt of self & City of Earth- love of self at contempt of God Christians are excellent citizens because they need the same things to stay alive as non-christian citizens. They will all work together to remain at peace. Government is necessary because of sin

Answer 9

Social contract theory. Man was in a state of nature and came together to create a government so their property would be more secure. Men entered into contract to give up some liberties to protect property.

Answer 10

1) Goods common to everyone distributed by rule according to standards not equally (in Sparta warriors did most and got most) 2) Principle of strict or radical equality: everyone gets the same because they are morally equal (close to socialism) 3) Intervention to raise the level of the least in society

Answer 11

Government is responsible for equal distribution of goods (distributive justice) Equality in process and outcome Taking from haves giving to have nots

Answer 12

To become the treasures of the people. To not hoard ones money and give at the end of their life to the community or to heirs but to use it throughout life to benefit others. Particularly to benefit those who desire to help themselves. Invest in that which uplifts people--libraries, parks, museums... Presented "true gospel of wealth" false gospel. Wealth cannot fix what needs to be fixed- spiritual

Answer 13

He believed that Jesus identified with the poor, with those who toiled for what they got, over and against the rich. The big sin is a sin of the wealthy alone: injustice, oppression, and corruption. College people must be choose to help others using our special privileges and capacities for social redemption

Answer 14

The Bible states that poverty can come from laziness. Jesus did not condemn the rich though wealth may exacerbate sin tendencies. Coercion is not love

Answer 15

Rights that you have because you are human given by God or nature not government.

Answer 16

The governments job is to keep citizens from hurting one another. Citizens have not and cannot give rights of conscience to government. Uniformity of opinion is not possible or desirable. Diversity of religions allows religions to check each other An established church has never been good: not for the state or the church Rights of people must be written out Truth stands on its own, only error must be defended.

Answer 17

Anglican church unestablished, concern that people become immoral. Henry propose bill for teachers of Christian religion funded by the state. -Violates equality under the law -civil authority is not a good judge of truth -Christianity does not need support of Gov (& vice versa) -Turn away own & potential citizens This is not good because if the government can back one religion it can just as easily back another. People are coming to America for religious freedom if this law were in acted they would not come and would not have the chance to hear the truth. All sects will obey the government as long as the government does not favor one specific religion

Answer 18

Christians shrank back from the culture. 45 years they reengaged significantly but did not have a huge effect because evangelicals were more influenced by world than other way around. TO transform the culture there must be *spiritual renewal* and Christians must present an *attractive alternative*

Answer 19

The Great Charter 1215 presented by English Barons to limit the reach of King John of England who was abusing royal authority. Changed principle from Rex Lex to Lex Rex. It influenced the Constitution and Bill of Rights

Answer 20

1620, a real world example of social contract. Clear **reasons & purposes** for forming government

Answer 21

The Divine Right of Kings in that it is not the proper origin of Government

Answer 22

State of nature means that people are all equal with no right to rule over each other: consent is required In SON no: 1) Laws 2) Indifferent judge with authority 3) no power to enforce authority Goal of gov: security of property Universal consent is not possible so majority will is enough

Answer 23

Hobbes: SON very bad so government must be absolute Locke: SON inconvenience so government must be limited. Just the protection of rights. (If the government does not abide by limitations the people have a right of revolution)

Answer 24

Major Premis: Tyrannous government can be legitimately changed by the people Minor Premis: The government of Great Britain has become tyrannous Conclusion: Gov of great Britain can e legitimately changed by the American people

Answer 25

Self-evident truth Aquinas: that the verb and subject cannot be separated (man & equal) Things that do not need to be proven 1) Existence and origin of natural rights- pre-political 2) The ends and origins of gov specifies- political- consent of people 3) Legitimate reason why gov can be abolished: post political back to SON but wont stay there

Answer 26

List of grievances, Legislative, executive and judicial problems and that the King was already at war with America (one grievance removed concerning slavery)

Answer 27

He is creator, legislator, executive, and judge. Only he can be all three without being a tyrant

Answer 28

As a loyalist in the revolutionary age, Boucher used scripture to say that the Bible does not give people a right to revolution. -People can address grievances through constitutional system and pray.

Answer 29

Destructive: break ties Constructive: New government based on natural rights

Answer 30

When the government fails to protect rights and liberties

Answer 31

Ordained by God and is not based on consent of people

Answer 32

To Glorify God and advance Christianity

Answer 33

The state of nature is so inconvenient, and human nature so sociable that men formed governments almost immediately

Answer 34

Suspended governors ability to pass urgent laws, dissolved colonial Representative Houses, kept standing armies in colonies during peace, imposed taxes without consent of governed.

Answer 35

Article 2 of the US Constitution s1 grant executive power, method of election (electoral college- electors 1) P 2) VP), replacement, compensation (cannot change), oath of office s2 powers s3 duties s4 impeachment

Answer 36

Commander in chief: Shared war powers Executive in chief: chief of executive branch to execute laws Treaties: shared power Pardons: no constitutional limits though natural political price if pardons by party Appointments: vacancies of senate/court

Answer 37

1) Ensure that laws are faithfully executed 2) Preserve, protect, defend the constitution

Answer 38

Lincoln's prerogative- may act outside powers in emergency so powers cannot be defined as the scope depends on the circumstance, Roosevelt's stewardship- do for national interest unless prohibited by constitution, Taft's Whig theory- only do what constitution says you can (these are the theories associated with the presidents)

Answer 39

Energy in the executive is necessary. A good constitution worthless if not able to be executed. **Unity**, duration (long enough to learn job & gain experience), support, and powers. Safety: 1) dependance on people 2) due responsibility

Answer 40

Decision, activity, secrecy, and dispatch- superior in one man Destruction: 1) besting power in 2+ magistrates with equal dignity and authority 2) vesting ostensibly (apparent) in one man who is under others acting as couselors

Answer 41

1) w/ 1 there is no differences of opinion (leading to entrenchment and nothing gets done) 2) differences of opinion have no natural terminus (end point/boundary) and serve no useful purpose in executive 3) deprives people of two greatest securities of their delegated powers A) Restrains of public opinion B) Unable to discover which executive did what we don't like: lack of responsibility to people

Answer 42

**How far does executive power extend?** Executive order allow military commander, military commander proclamation all Japanese-decent evacuate, congressional law, Korematsu claim all unconstitutional, violated rights, & racially based Decision: Constitutional because of **situation** it was and **emergency** -Justice Hugo Black: permissible because not racially motivated -Dissent: Justice Murphy: decision legalized racism

Answer 43

**How far does executive power extend in an emergency?** & **suspension of Habeas Corpus** Lincoln took many actions (especially suspension of habeas corpus b/c Civil War) without Congress and went back later to get approval which he got. Argument: ok b/c emergency 1) constitution must have provided for occasion when congress out of session (could not wait) 2) President oath of office allowed him to violate one law to preserve the Constiution

Answer 44

The president is one but he has two presidencies: domestic and foreign policies, Domestic policies come from obligation to party Foreign policies are freer, faster moving, present the danger of complete destruction, President: has greater power to act in foreign affairs- deploy troops, executive agreement, greater access to information, less rivals Not hindered by people, interest groups, congress military-industrial complex, states Foreign affairs can kill us, cannot play politics by considering partisan views. President pays price for wrong decision

Answer 45

General citizenry, special interest groups, congress, and military Industrial complex

Answer 46

Foreign policy more dangerous Have formal power and public support in foreign policy There is a rise of defense intellectuals to aid the president in defense policy and not special interest groups

Answer 47

Necessary to fulfill constitutional duty to execute the law, Constitution provides for suspension in circumstances of public rebellion & protection of public safety, Constitution doesn't specify whether Congress or the President can suspend the right, rebellious actions of South and lack of response by the North put the US in jeopardy with foreign nations

Answer 48

The Declaration of Independence

Answer 49

The powers reserved to the States in the Constitution are only administrative -Union created the states -States do not have absolute sovereignty -Secession prevent states from paying creditors for land

Answer 50

Article III of the United States Constitution s1 - powers vested, duration of office (lifetime with good behavior), compensation s2 - jurisdiction s3 - Treason must be by two witnesses to same act or open confession in court

Answer 51

Supreme court, court of appeals, district courts

Answer 52

1) National matters 2) Foreign affairs 3) Between states

Answer 53

Original jurisdiction: case was begun, argued, and initially decided Appellate: Appealed, argued in lower court, and decided on appeal Supreme Court has original jurisdiction over constitution, treaties, ambassadors, between states, consuls, & federal officers

Answer 54

The judiciary is the weakest branch so it is the least likely to be the source of trouble and it needs to be defended. **no power of purse, sword, or will** MUST not be joined with other branches --> no liberty. Safe guard: life terms Judiciary is not greater than the legislature (judicial review) the constitution is greater (it is the will of the people) life term also because: 1) guard people against themselves (holding them to the constitution) 2) block & deter bad legislature 3) fidelity to constitution (will not be a step to next job) 4) Few people are quailifies

Answer 55

This was a matter of debate among the framers as it seemed to be a veto over congress. It is the application of the Constitution. Not enumerated power but it is argued that it is implied.

Answer 56

Jefferson did not have to deal with all the federalist judiciary and Marshall set the precedent for **judicial review.**

Answer 57

Marbury had a right to his commission, the law needed to make repercussions, was this through writ of mandamus? Marshall did not want to issue writ and have Jefferson refuse, did not want to not issue writ pressured by political views--both undermine judiciary. Decide: the 1789 ruling that gave writ of mandamus was unconstitutional.

Answer 58

Ordinary laws that violate the Constitution are not valid. a) Constitution is fundamental b) Sets up limited government that is maintained by the superiority of the Constitution c) decisions must be based on Constitution d) judicial power extends to all cases under the Constitution and must decide them using the Constitution. *Congress cannot change the Constitution through normal legislation*

Answer 59

Needed: when something is not stated explicitly Original interpretation (Meese) Public interpretation (Brennan)

Answer 60

Constitutional fidelity: we can know a lot about the framers the Constitution was not **limited to its own time** or reflect on the desires of each current generation **not a mirror of what we want to see** it is written down so it conveys a meaning that can be known. It has powers and principles adaptable to the modern problems

Answer 61

Where the Constitution is Specific: obey Understanding has a Consensus- follow Ambiguous- interpret faithful to entire text

Answer 62

We **cannot truly know** what the framers thought and **would not want to** Constitution does not have a static meaning so it is adaptable to the principles of today's problems Today's moral and political progress would not fit with what the framers thought Must consider what the communities interpretation is and if there is a conflict must decide by what promotes human dignity (aka the judge's own moral policy)

Answer 63

He claimed that he sought the community's view and then spouted off what he thought about capital punishment by the 8th amendment (cruel and unusual punishment) without consulting the 5th that was ratified at the same time and allowed ones life to be taken when done with due process.

Answer 64

The judge who looks outside of the Constitution looks no farther than into themselves.

Answer 65

Yes from 1789 giving writ of mandamus

Answer 66

Strike down laws that conflict with the Constitution

Answer 67

Establishing the government is done now we must preserve it. Danger comes from internal not external. Ill-omen is the disregard for law that will spread if it is not stopped. The lawless in spirit will become lawless in action and the good citizens will become tired of the governments inability. *Government without the attachment of the people will fail* We fortify the government by teaching the people to revere and obey it. Whether good or bad as long as it is law. Each new generation must unite itself to follow the law and resist those who seek power.

Answer 68

Part 1: Retirement Part 2: Advice, there is a need for national **unity** The people and the spirit of liberty must prevent branch encroachment **avoid partisan divisions** especially by geography Religion, morality, and education supports the government The government should have good credit and pay the national debt Gov should exercise honesty and justice in national relationships Gov should cautioned against pretend patriotism and foreign influence (don't entangle with other nations)

Mid-Term Material Flashcards

(95 cards)