Lecture #16

Question 1

Sword and Purse

Answer 1

Sword: (enforcement) The power to use physical force; military

Purse: power over finances (taxing, spending, managing public funds)

*Fed 58: not in judicial so makes it weak

Question 2

Force nor will

Answer 2

*Fed 46

Government shouldn’t rely on coercion or the will of those in power; should operate under the rule of law and principles of Democracy

Question 3

Bank of the United States

Answer 3

1st: controversial (1791-1811)

2nd (1816-1836): address financial instability after war of 1812
-received opposition from Andrew Jackson bc he thought it favored the elite, so he vetoed and dissolved it

Question 4

Limited Constitution

Answer 4

Defined and restricted powers in government

1. Enumerated powers, 2. Checks and balances, 3. Protection of rights, 4. Rule of Law

Question 5

Fundamental Law

Answer 5

Basic foundation and principles of government
1. Supremacy: is the highest form of law (constitution)
2. Protection of Rights: provisions to protect rights
3. Framework for governance
4. Stability and order

Question 6

Writ of mandamus

Answer 6

*court order compelling a government official to do a duty mandated by law
*Court doesn’t decide HOW it is enforced
-Marbury V. Madison

Question 7

Why does Hamilton think the judiciary will be “the least dangerous to the political rights of the constitution?”

Answer 7

*Fed 78
1. Lack of power (no purse or sword)
2. Judicial independence: appointed judges for life, making them independent from political influence
3. Checks and balances: ensure the judiciary is restrained; cannot act on its own
4. Dependence of Executive branch for enforcement

Question 8

Why is the Judicial Branch in the best position to judge law?

Answer 8

1. Independence: appointed for life
2. Judicial review
3. Law expertise

Question 9

Why is interpretation the “proper and peculiar province of the courts?”

Answer 9

Law expertise, separate from lawmaking, separate from political influence

Question 10

Do the people have any resources beyond appeal to the judicial branch?

Answer 10

1. Legal action: petition representatives
2. Executive action
3. Collective action
4. Public opinion and media
5. Voting

Question 11

How does the opinion on Marbury V. Madison appeal to the supremacy of the Constitution?

Answer 11

*established judicial review, set up the constitution as fundamental law, checks and balances from government with officials, set a precedent for future cases

Question 12

What do both Hamilton and the opinion on McCulloch v. Maryland argue about taxation?

Answer 12

Broad interpretation of the Federal government’s power to tax, shows the importance of a strong central government for the economy

Question 13

How did Marbury v. Madison and McCulloch v. Maryland alter the judicial branch and affect our understanding of the Constitution?

Answer 13

Strengthened Federal Authority, Clarification of Federalism, Judicial Independence

Question 14

Hamilton says courts need to make decisions based on fundamental Law. What does he think that is?

Answer 14

The constitution :)