American Government Study Guide

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EDINBORO UNIVERSITY OF PENNSYLVANIA

POLI 201, American Government Fall 2011

STUDY GUIDE, SECOND EXAM

The creation and design of the Constitution Three goals served in the design of the Constitution • Remedy the defects of the Articles of Confederation, especially the weakness of the central government • Ensure that the central government is not too powerful • Ensure that the Constitution will be ratified and accepted Major defects of the Articles of Confederation • Confederate structure (a confederacy) • Weak central government • No executive or judicial branch • Impossible amendment process Features of the Constitution addressing defects of Articles of Confederation • Federal structure (federation) • Three federal branches of government • Increased federal powers, esp. powers relating to taxation, standing armies, and commerce • The Supremacy Clause (in Article V) • Limits on state powers • Promotion of cooperation among states (e.g., the Full Faith and Credit Clause; the Privileges and Immunities Clause) • Easier (but still difficult) amendment process Features of the Constitution meant to prevent federal abuse of power • The framers’ attempts to limit the abuse of government power is based on their general view of human nature: o Power corrupts o A concentration of power in one person or institution is dangerous • Expressed powers: The federal government has limited and enumerated powers; i.e. they only have those powers given to them in the Constitution o The 10th Amendment restates that the federal government has limited and expressed powers o The Necessary and Proper Clause of Art. I, sec. 8: Don’t be mislead! It allows Congress to have flexibility in law making, but only where necessary and proper to carry out its listed duties. It does not mean that the federal government can do anything that’s ‘necessary and proper.’ • Distribution of power o Spreading power ‘horizontally’: Separation of powers (the general separation of the powers of the federal...