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by: Kylie Jakubowski


Kylie Jakubowski
Texas State
GPA 3.78

P. DeHart

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P. DeHart
Class Notes
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This 5 page Class Notes was uploaded by Kylie Jakubowski on Wednesday September 23, 2015. The Class Notes belongs to POSI 3305 at Texas State University taught by P. DeHart in Fall. Since its upload, it has received 23 views. For similar materials see /class/212791/posi-3305-texas-state-university in Political Science at Texas State University.

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Date Created: 09/23/15
dnwdcangaundmgfi na ampram32w ew NOTE This review sheet is not comprehensive Material not included here may or may not appear on the exam Students are responsible and encouraged to study all reading assignments and all notes taken during lecture as thoroughly as possible SPECIFICATIONS Open book all three books not open note Cumulative Study the assigned readings from Brutus from the StoringMurray book 50 multiple choice 50 essay QUESTIONS 1 Review materials for exams 1 and 2 2 Madison s solution for maintaining the Separation of Powers as described in Federalist 51 including in particular his suggestions as to how to the importance of and the ways to give each branchdepartment a will of its own AND including his account of the llgreat security against the concentration of powers into the same hands 3 Madison s discussion ofjustice liberty and faction at the end of Federalist 51 4 Madison s argument concerning representation in Federalist 55 including his discussion about the appropriate size of the legislature and of the House of Representatives both initially and in the future 5 Madison s response in Federalist 55 to fears that the small but powerful House of Representatives is susceptible to corruption including the discussion of the virtue of citizens and of elected representatives 6 The aim of every political constitution according to Madison in Federalist 57 7 Madison s argument in Federalist 57 as to why the House will be responsive to popular will 8 Madison s discussion in Federalist 57 concerning who will elect the House of Representatives 9 What good government implies according to Madison in Federalist 62 10 Madison s treatment of responsiveness to immediate popular will in Federalist essays 62 and 63 11 Madison s discussion in Federalist 63 of the problem with llthe mutability of public councilsquot What does the mutability of public councils mean What causes llpublic councils or laws to be mutability What s the problem with the mutability of public councils or of the laws 12 The purposes of the Senate according to Madison in Federalist 63 13 The purpose of the executive especially as regards the veto power and its use according to Alexander Hamilton in Federalist 71 14 The discussion of promptitude of decision and efficiency in the legislature and in contrast in the executive according to Alexander Hamilton in Federalist 70 15 The importance ofa proposed law being examined more than once and from multiple perspectives and the rule of the Veto in this regard as discussed by Hamilton in Federalist 73 16 The arguments of Federalist essays 70 71 72 73 concerning energy efficiency unity independence of will such that the executive is not too dependent on popular will nor upon the will of the legislature and duration in the executive 17 The argument of Federalist 78 concerning the power and independence of the Supreme Court as well as concerning the ability of the Court to declare acts of the legislature contrary to the Constitution null and void H 00 H RD N O N H N N N W N 4 N U39I N 0 N l The argument of Federalist 84 concerning a bill of rights Does Publius maintain that a bill of rights is necessary If yes why If no why not Does Brutus believe the proposed Constitution to be a partial or complete consolidation which is to say does he believe the Constitution creates a federal or a fully national system What s his argument Does Brutus believe that the proposed Constitution establishes a republic or an aristocracy What s his argument Who does Brutus believe is sovereign under the Constitution proposed by the Convention of 1787 What s his argument Does Brutus believe that the Constitution proposed by the Convention of 1787 creates a limited government or a government unlimited in its powers What s his argument Do Brutus and other AntiFederalists believe that the House of Representatives is sufficiently numerous to be representative Why or why not What according to Brutus and other AntiFederalists is the purpose of representation How do we achieve that purpose Why does Brutus believe that republics should be small implying that we should have a federal system with only a partial consolidation of powers ie only a partial centralization of governmental powers Put another way why a fully centralized national republic a complete consolidation which would have to be a very large republic fail Why does Brutus believe the separation of powers as outlined in the proposed Constitution will fail Know any additional points covered in lecture anwdcanfiaundmg32eu ew wampcam2 NOTE This review sheet is not comprehensive Material not included here may or may not appear on the exam Students are responsible and encouraged to study all reading assignments and all notes taken during lecture as thoroughly as possible SPECIFICATIONS 0 Open book The Federalist not open note 0 Some of multiple choice will be useful for essay 0 If we get to Federalist 62 and 63 they will be on the test 0 50 multiple choice 50 essay QUESTIONS 1 The material covered in lecture after Exam I and from the Convention Debate notes concerning the Senate especially Madison s argument about the Senate KETCHAM 2 The material covered in lecture after Exam I from the Convention Debate notes concerning the PresidentChief Executive KETCHAM 3 The material on the background to The Federalist who the authors were their backgrounds the reason for which The Federalist was written the state where the essays were first run why the pseudonym quotPubliusquot was employed the discussion as to whether there are two Publiuses or one etc 0 Authors Alexander Hamilton 1st secretary of treasury John Jay lawyer James Madison secretary of state and later president Written to persuade citizens of NY in honor of Roman consul Publius Valerius Publicola 4 The arguments of Federalist 1 concerning the establishment of government by reflection and choice examining arguments on the merits of the argument rather than on the purported motive of the person making the argument the relation of energy and vigor in government to liberty O 5 The arguments in Federalist 6 concerning the necessity of a union in light of the danger if the former coloniesnewly independent states were to find themselves in a condition of disunion Be sure to study Hamilton s discussion on the behavior of ancient republics and of commercial nations ancient and modern Study also Hamilton s argument about the causes of conflicts between individuals and nations 0 6 The arguments of Federalist 9 concerning why given the history of early republics republican theory almost has to be abandoned and concerning the reasons which include the discovery of new or enhanced principles as to why republican theory ultimately does not have to be abandoned Pay some attention also to Hamilton s treatment of Montesquieu O 7 The arguments of Federalist 10 concerning the nature of faction the problem of faction the sources of faction and the solutions both those that work and those that don t work or at least won t work by themselves to the problem of majority faction Be sure to study also Madison s distinction between a democracy and a republic O 8 The arguments of Federalist 14 concerning how arguments against having a republic tend to confate republics with democracies concerning howwhy a republic can encompass a greater territory than a democracy concerning the uniqueness of the American republic which combines popular form through representation with a government over a vast extent of territory Note Madison s description of the American republic as wholly unmixed Note also Madison s argument that the American republic is not extended over too vast a territory As well be sure to note Madison s reply to the complaint that government and law in a large republic can address all the particular or local needs of the territory What is Madison s reply here Finally what is Madison s argument concerning why the newnessuniqueness of the new Constitution should not count against launching the experiment 0 9 From Federalist 15 what is the great and radical vice of the union What isare the problems with legislating for states or state governments rather than the individuals Why can t the states be relied on to obey the quotlawsquot of the union voluntarily Know Hamilton s argument concerning the necessity of sanctions being annexed to a law for the purpose of imposing a penalty for breaking the law Know also his argument as to why quotlawsquot passed by Congress under the Articles of Confederation are actually recommendations in practice rather than laws proper What does Hamilton say here about the motives and behavior of individuals and about the motives and behavior of people in groups Finally note Hamilton s argument concerning the tendency of governments when as part of a political system another government tries to control them 0 10 Antifederalists complained that the Constitution proposed by the convention of 1787 included a House of Representatives not sufficiently numerous to include among its members individuals from all the different classes of citizens such representation being necessary in order to combine in the legislature all the different feelings and interests of society so as to ensure a due sympathy on the part of representatives for the constituents How does Hamilton reply to this objection in Federalist 35 O 11 Federalist 37 addresses the Antifederalist charge that there are many errors and flaws in the Constitution proposed by the Convention of 1787 How does Publius reply to the objection in this essay What are the sources of ambiguity and potentially of error in the making of laws and constitutions With what complexities and tensions did the framers deal with when constructing the Constitution 0 12 According the Madison in Federalist 39 what are the necessary and sufficient conditions of a republic Does the Constitution meet these conditions Madison says the Constitution if partly adopted creates a compound republic that is mixed in the sense of being partly national and partly federal In what ways is it national and in what ways federal O 13 How does Madison define tyranny in Federalist 47 Why does Madison think separating the distinct powers of government into separate branches in necessary for the preservation of liberty Know Madison s argument that Montesquieu s doctrine of the separation of powers does not require a total separation In fact Madison argues that separation of powers is incompatible with a total separation of powers Why does separating the powers completely result in a failure to keep them separate How does Madison feel about keeping powers separate by means of a written constitution What is Jefferson s solution for maintaining the separation of powers Why does Madison reject it that is why does he think it won t work 14 How does Madison suggest maintaining the separation of powers in Federalist 51 Make sure you know his argument concerning ambition counteracting ambition and making the interest and the duty of officials lines up etc In Federalist 51 what does Madison say is the end purpose or goal of both civil society and government Why in Federalist 51 does Madison think people need government and governmental officials need checks on their power 0 ESSAY QUESTIONS three essay questions two will appear answer one 1 Does the regime established by the Constitution a republic AND if so what kind of republic is it In answering this question be sure and describe what Madison in Federalist 39 calls the necessary and sufficient conditions of a republic and to say how the Constitution lines up 0 Yes it is a republic o A I 39 republic 39 national 39 federal 2 Drawing upon Federalist essays 47 49 why should the Constitution endeavor to keep the different powers of government such as legislative and executive separate AND what solutions won t work 0 Separation for the preservation of liberty without it we would have tyranny o What won t work total separation constitutional conventions o What will work give each branch a mechanism to defend itself from the other branches and give officials in each branch motivesincentives to protect their branch quotambition must be made to counteract ambition bicameralism 3 Drawing upon Federalist 9 10 and 14 in particular why did popular governments ofantiquity tend to fail Why do Madison and Hamilton believe given the failure of ancient republics that popular form can now be made to work EXTRAS 0 Two routes of amendment process The first method is for a bill to pass both houses of the legislature by a twothirds majority in each Once the bill has passed both houses it goes on to the states This is the route taken by all current amendments The second method prescribed is for a Constitutional Convention to be called by twothirds of the legislatures of the States and for that Convention to propose one or more amendments These amendments are then sent to the states to be approved by threefourths of the legislatures or conventions This route has never been taken 0 2 aspects of Constitution that were un39ust according to Madison equal representation of the states in the Senate allowed for factions and failure to abolish slavery


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