DOC 2 Final Study Questions

DOC 2 Final Study Questions - DOC 2 Final Study Questions 1...

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DOC 2 Final Study Questions 1. The Constitution of the United States begins with the Preamble stating “We, the people of the United States…do ordain and establish this Constitution…” What is the historical and philosophical significance of the word “we” in this declaration? “We” means a group of unified citizens, and it was a revolutionary term, but coded. It was reconceptualized over time to include women and all races, but initially it essentially included only white, propertied Anglo-Saxon men. Philosophically, it referred to equal citizenship, like the 14th Amendment. 2. Why did the Anti-federalists argue that pure democracy was no guarantee for the protection of liberty? How did Madison respond to this argument in Federalist #10 and #51? a. Antifederalists feared that pure democracy opened up the possibility for majoritarian tyranny because they feared factions. Power was concentrated in a strong central government. The Constitution should include a bill of rights to protect the rights of the citizens from the ill wills of the majoritarian government. They argued that this form of government worked only in small countries (Montesquieu); a powerful government can crush people’s rights. b. Pure democracy creates the problem of factions, where the majority can subject the people to its ill will, but a republic will solve this problem because in a republic diverse interests check on another. Representatives are there for the people. c. Separation of powers, checks and balances. It is a compounded republic means that there is a division of powers between the federal and the state governments as well as separation of powers between branches of the federal government. A republic is representative. 3. The American political system is properly called a compounded republic. Why? A compounded republic means that there is a division of powers between the federal and the state governments as well as separation of powers between branches of the federal government. A republic is representative. 4. John Rawls insists that the social contract drawn from behind the “veil of ignorance” insures the fairest condition under which the terms of social cooperation would be chosen. Explain what he means by the veil of ignorance. The veil of ignorance – Each person should shed their biases and advantages such as class, religion, race, etc. leaving the argument up to pure logic with no bias or advantages. 5. What are the two principles of justice chosen behind the veil of ignorance? a. Each person has an equal claim to a full and basic set of rights. b. Social and economic inequalities in society must i. Positions must be open to all fairly and equally ii. Benefit all, especially the least advantaged 6. In Rawls’ account, when would law lose its moral authority?
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