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Limited Government
wants gov, but needs to be limited based on Constitution
Natural Rights
liberty, life, and property; these rights cannot be taken away
John Locke
believed in limited government
Thomas Hobbes
wanted people to be ruled by one monarch to ensure security
Popular Sovereignty
Government based on consent of people; people give government power
Social Contract
A contract between the gov. and people based on security and protection for obedience
Jean Jacques Rousseau
Republicanism
people elect their own leaders
Monestquieu proposed separations of power
Participatory Democracy
broad participation from various statuses
Elite Democracy
Elite members vote and make decisions
Pluralist Democracy
activist groups protest and act on what they want to happen
Anti-Federalist
disliked U.S. Constitution; preferred power to be at state levels only
led to establishment of the Bill of Rights
Brutus 1
the Constitution threatened the rights and freedoms of the people, therefore the bill of Rights should not be ratified
Federalists
Wanted Constitution and central government
Federalist 10
A large republic is the best way to control factions, meaning groups, that could threaten to harm the nation and it’s people
proposed power should be dispersed between state and federal government
Article of Confederation
established a weak, unicameral legislature where each state had one vote
No executive or judicial branch
Article of Confederation Allowed Congress to:
declaration of war
coin money
make treaties
borrow money
appoint military officers
Articles of Confederation Restricted Congress from:
lay and collect taxes
regulate interstate commerce
Shay’s Rebellion
Government decided to increase taxes to pay off debt instead of printing more money causing an uprising
Constitutional Convention
wanted to make minor changes to Article of Confederation, but instead made a whole new Constitution
Virginia Plan
Wanted bicameral legislature
houses are appointed based on states population
more representation for larger states
New Jersey Plan
maintain the Articles of Confederation
Overall both New Jersey and Virginia Plans wanted whats best for themselves
Great Compromise
bicameral legislature
House of Rep: based on state population
Senate: 2 people per state
Grand Committee
formed the Great Compromise
Electoral College
group of representatives from states to elect president
3/5 Compromise
every 5 slaves counts as 3 people for congress representation
Amendment Process
2/3 of both houses of Congress propose amendment, then ¾ of states to ratify
works vice versa
Roles of Each Branch
Congress:
Executive:
Judicial:
Makes Laws
Enforces Laws
Interprets Laws
Checks and Balances between branches
Congress: impeach power
President: Veto Power
Judicial: rules actions as unconstitutional
Federalist 51
it’s hard to protect peoples rights, but not strong to the point they can remove peoples rights.
Solution: separations of power and checks and balances
Full Faith and Credit Clause
States must honor the legal decisions of other states
Example: marriage
Privilege and Immunities Clause
States cannot discriminate against residents of another state
Delegated Powers
Powers given to federal government
declaring wars
making treaties
coining money
Reserved Powers
Powers given to states
education
health
welfare
license
police power
Concurrent Powers
Both state and federal powers
taxing
borrowing money
making laws
building roads
Dual Federalism
layered cake example; powers are clearly distinguished between federal and state levels
Cooperative Federalism
marble cake example; hard to distinguish powers between federal and state levels
Grants-in-aid
federal government provide money to states
Categorical Grants
federal government gives money for specific reason, instructs the state to use money on one specific thing
Conditions-in-aid
requirements states must satisfy to get the grant
Mandates
the states must do it, no acceptions.
Doesn’t matter if federal government provides money or not
Block Grants
federal government provides money for broad purposes like making new schools
Revenue Sharing (doesn’t exist anymore)
federal government gives money to states with no strings attached; states can use money freely
Enumerated Powers
Powers directly written in the Constitution
Implied Powers
Powers not written in the Constitution, but understood
Necessary and Proper Clause
Must make laws that are necessary and proper (must be related to enumerated powers to make law)
Supremacy Clause
Federal Government is superior when states and federal policies conflict with each other
McCulloh Vs. Maryland
The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government.
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law (result/significance: Congress has IMPLIED powers to create a necessary and proper bank)
Commerce Clause
Allows Congress to control Interstate Commerce
U.S. v. Lopez
the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.
Congress may NOT use the commerce clause to make possession of a gun in a school zone a federal crime
also uses 10th amendment
Federalism Pros
multiple opportunities for political participation
states can make policies concerning themselves
states can make policies if they collectively choose to do so
can make federal laws
states can make laboratories before passing it to the rest of the states
Federalism Cons
tougher for federal government to implement unified laws
diversity can lead to poor policies
problem with coordination between state, federal, and local government