PSC Final Exam questions with
complete solutions!
Brutus #1 - correct answer ✔✔year: 18 October 1787
author: Brutus
facts: Small Republic Argument
-constitution will lead to large "consolidated" republic (aka no more state govs)
-giving congress the power to tax only lets the states do direct taxation
-a large republic cannot exist because it is impossible to have adequate representation,
homogeneity in opinions, manners, etc. and adequate law enforcement.
Federalist 10 - correct answer ✔✔year: 1787
author: James Madison
Q: Does the Constitution provide a remedy for the problem of faction? If so, how does it do
this?
A: It does not remove the causes of factions (by limiting liberty or producing sameness of
interests, sentiments, & opinions), but the constitution seeks to control the effects of the faction
through representation.
Reasoning: Advantages of representation: refined through election (choose the best candidate)
and extend over large territory (the larger the house the harder it is to corrupt.)
**Constitution establishes a republic and controls the effects of factions!
Federalist 78 - correct answer ✔✔year: 1788
,author: Hamilton
Q: why do federal judges have tenure during good behavior? (response to Brutus 15)
A: They are independent from other branches and from the people (don't have to worry about
corruption because of reelection) and it is an incentive for qualified judges to desire to join the
Supreme Court (always have a job!)
Reason: we need courts to have power because the power of the judicial branch keeps the
other branches in check.
Brutus #15 - correct answer ✔✔year: 20 March 1788
author: Brutus
The tenure during good behavior was just adopted from the British system, but having federal
courts that are independent of the people (not chosen directly by them) is unnecessary and
dangerous!
Q: which branch if any should have the power to interpret the constitution? The branch chosen
by the people (Legislative)
Jefferson's "Opinion on the Constitutionality of the Bank" - correct answer ✔✔year: 1791
author: Jefferson
"foundation" of constitution laid on the 10th amendment. no constitutional authority to
incorporate the national bank of 1791.
- not a tax to pay debts
- not a regulation of commerce amount the states
- not "proving for the general welfare"
- not "necessary and proper" for executing any of these enumerated powers
McCulloch v. Maryland - correct answer ✔✔year: 1819
, author: Marshall
facts: 1816 congress had a second bank of the US and 1818 Maryland passed a tax on the bank;
McCulloch refused to pay the tax
question: - did Congress have the authority to establish a bank?
- was it unconstitutional for Maryland to have a tax on the bank? Did Congress have the
constitutional ability to create a bank?
Marshall's Opinion of the Court:
1. National Supremacy Clause
2. Necessary and Proper Clause
- 2 meanings of necessary and proper
1. absolute physical necessity
2. conventional/useful: choice of means to bring other powers into execution
Why Necessary and Proper Clause must mean "convenient/useful"
-"this provision [the necessary and proper clause] is made in a constitution intended to endure
for ages to come, and consequently to be adapted to the various cries of human affairs"
-"the clause is placed among the powers of congress, not among the limitations of those
powers"
-"in terms of purport to enlarge, not to diminish, the powers vested in the government"
Question 2: If the bank was incorporated "pursuant to" the Constitution, was taking it a
constitutional violation of the states?
- national supremacy of laws made "pursuant to the constitution
- "power to tax is the power to destroy"
Readings about the 5th Amendment- Takings Clause - correct answer ✔✔Kelo v. New London
-O'Connor Dissent
-Thomas Dissent
Kelo v. New London
complete solutions!
Brutus #1 - correct answer ✔✔year: 18 October 1787
author: Brutus
facts: Small Republic Argument
-constitution will lead to large "consolidated" republic (aka no more state govs)
-giving congress the power to tax only lets the states do direct taxation
-a large republic cannot exist because it is impossible to have adequate representation,
homogeneity in opinions, manners, etc. and adequate law enforcement.
Federalist 10 - correct answer ✔✔year: 1787
author: James Madison
Q: Does the Constitution provide a remedy for the problem of faction? If so, how does it do
this?
A: It does not remove the causes of factions (by limiting liberty or producing sameness of
interests, sentiments, & opinions), but the constitution seeks to control the effects of the faction
through representation.
Reasoning: Advantages of representation: refined through election (choose the best candidate)
and extend over large territory (the larger the house the harder it is to corrupt.)
**Constitution establishes a republic and controls the effects of factions!
Federalist 78 - correct answer ✔✔year: 1788
,author: Hamilton
Q: why do federal judges have tenure during good behavior? (response to Brutus 15)
A: They are independent from other branches and from the people (don't have to worry about
corruption because of reelection) and it is an incentive for qualified judges to desire to join the
Supreme Court (always have a job!)
Reason: we need courts to have power because the power of the judicial branch keeps the
other branches in check.
Brutus #15 - correct answer ✔✔year: 20 March 1788
author: Brutus
The tenure during good behavior was just adopted from the British system, but having federal
courts that are independent of the people (not chosen directly by them) is unnecessary and
dangerous!
Q: which branch if any should have the power to interpret the constitution? The branch chosen
by the people (Legislative)
Jefferson's "Opinion on the Constitutionality of the Bank" - correct answer ✔✔year: 1791
author: Jefferson
"foundation" of constitution laid on the 10th amendment. no constitutional authority to
incorporate the national bank of 1791.
- not a tax to pay debts
- not a regulation of commerce amount the states
- not "proving for the general welfare"
- not "necessary and proper" for executing any of these enumerated powers
McCulloch v. Maryland - correct answer ✔✔year: 1819
, author: Marshall
facts: 1816 congress had a second bank of the US and 1818 Maryland passed a tax on the bank;
McCulloch refused to pay the tax
question: - did Congress have the authority to establish a bank?
- was it unconstitutional for Maryland to have a tax on the bank? Did Congress have the
constitutional ability to create a bank?
Marshall's Opinion of the Court:
1. National Supremacy Clause
2. Necessary and Proper Clause
- 2 meanings of necessary and proper
1. absolute physical necessity
2. conventional/useful: choice of means to bring other powers into execution
Why Necessary and Proper Clause must mean "convenient/useful"
-"this provision [the necessary and proper clause] is made in a constitution intended to endure
for ages to come, and consequently to be adapted to the various cries of human affairs"
-"the clause is placed among the powers of congress, not among the limitations of those
powers"
-"in terms of purport to enlarge, not to diminish, the powers vested in the government"
Question 2: If the bank was incorporated "pursuant to" the Constitution, was taking it a
constitutional violation of the states?
- national supremacy of laws made "pursuant to the constitution
- "power to tax is the power to destroy"
Readings about the 5th Amendment- Takings Clause - correct answer ✔✔Kelo v. New London
-O'Connor Dissent
-Thomas Dissent
Kelo v. New London
