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Social Contract Theory
people & government relationship to escape state of nature
State of Nature
people without government
John Locke
Consent of the governed, Life, Liberty, Property
Natural Rights
all men are created equal, gov. Purpose is to protect natural rights, inalienable (can’t be given/taken away)
Popular sovereignty
people are the sovereign
Unitary system
national government has ALL the power
Confederation
states have power
Federal system
states and federal government share the power
Article VII (7)
9/13 states needed to adopt the constitution
James Madison
father of the constitution
Anti-federalists
fight for adoption of Bill of Rights
Congress
Senate and House of Representatives (535)
Senate
2 from each state (100 senators)
HOR
based on population (435 representatives)
Article V (5)
allows amendments to the constitution
Federalist 39
how states and gov. Share power
Amendment process
congress proposes (⅔), states ratify (¾)
Federalism
states and national governments share power
cooperative federalism
“marable cake” some powers exclusive to each, while some concurrent powers
Dual federalism
“layered cake” different levels of government have different powers
10th amendment
anything not written in the constitution is reserved for the states
14th amendment
states can’t deprive any person of life, liberty, or property
Full Faith and Credit Clause
states must honor other states legal decisions
Privileges and Immunities Clause
all US citizens have equal access to all states and their privileges
Block Grant
money used at state’s discretion with a broad category
Categorical Grant
money provided by federal government for a specific purpose
Mandate
requirement for federal government that a state must obey in order to receive funding
McCullouch v. Maryland
states can’t tax federal government
US v. Lopez
federal government stretched too far under constitution (Necessary and Proper Clause)
Federalism 51
calls for separation of powers
Rule of Law
everyone in the United States must follow the law