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Who were the Enlightenment Philosophers?
Hobbes, Locke, Rosseau, and Montesquieu
What is the foundation of government according to the Declaration of Independence?
one where people are the source of power
Popular Soverignty
government derive their power from the people, government is based on the consent of its people
Social Contract
People give up some of their freedom to have the government protect their natural rights (life, liberty, and property) ad if the government isn’t doing that they have the right to abolish it
What type of government is laid out in the constitution?
Representative Democracy
Participatory Democracy
citizens vote directly for laws that affect them
Examples of Participatory Democracy:
Town hall meetings and referendums
Pluralist Democracy
people create non-governmental groups to influence political decisions (laid out in Fed 10)
Example of Pluralist Democracy:
The electoral college system; states act as the interest groups where people vote within their interest groups and then has a majority of all states to limit overpowering
Elite Democracy
elected representatives make decisions for the good of the people who elected them
Example of Elite Democracy:
Congress & Central Government
Group that wanted a strong central government
Federalists
Group that wanted to have independent states and then a very weak central government
Anti-Federalists
Referendum
a general vote by the electorate on a single political question that has been referred to them for a direct decision.
What did Hobbes believe?
state of nature
solution: give up some rights to be able to live in peace
the president holds society together but still abides by the social contract
What did Locke believe?
natural law - people are born free and equal and have to consent to be governed
natural law obligates overthrowing a king’s rule when it doesn’t respect the consent of the governed
What did Rousseau believe?
social contract - we abandon certain natural rights in exchange for protection & freedom for the common good
popular sovreignty
What did Montesquieu believe?
limited government and political liberty for citizens
separation of powers between the three branches
Federalists support… (think Fed No. 10)
strong national government
diversity of a big population will protect the rights of all citizens and each state from the whole
constitution would limit the influence of factions
Anti-Federalist believe… (think Brutus No.1)
a single executive would model a king & limit the rights of states and individuals
anything “proper”, federal tax, control of an army, etc, made them worry
wanted to have a voice in government to check the power of the elite
Problems with the Articles of Confederation
9 states must agree to enact national law
all states must agree to amend the system of government
congress had no power to tax
national government couldn’t raise or maintain an army
no national court system or currency
congress could encourage but couldn’t regulate commerce among states (created competition between states)
Shay’s Rebellion
Daniel Shays & other poor farmers lost their farms to mortgage foreclosures
Shays led a group to the federal arsenal to demand that their financial pressures would be eased
local authorities struggled to form a militia and shut Shays down
shows how weak the articles of confederation were and eventually led to the creation of the Constitution
Themes in Brutus No. 1
won’t get power back once given away
they will use the necessary and proper clause to take unlimited power
congress will be able to pass any law
states rights will be taken
taxing is bad
standing armies are dangerous
(all a warning)
What was the Virginia plan?
3 branches of government, bicameral legislature, federal supremacy, and separate powers
What was the New Jersey plan?
State sovereignty and a limited national government
Great Compromise (Connecticut Compromise)
House representatives are calculated by population of the states and 2 senators for every state (between big and small states)
3/5 Compromise
when counting populations, slaves counted for 3/5 of one person as a compromise between northern and southern states (south had more slaves)
couldn’t stop slaves imports until 20 years post ratification of the constitution
Electoral College
states decide how their electors are chosen & they have the same number of electors as seats in congress (dc has 3) 538
Commerce Compromise
Government can impose tariffs on imports not exports
Articles of the Constitution
I : setup and operation of the legislative branch
II : executive’s role & requirements to assume office
III : the judiciary - supreme and inferior courts
IV : relations among the states
V : process for amendments
VI : national supremacy
VII : ratification process
Amendment Process - 2 Stages
proposal passed from 2/3 of house and senate or 2/3 vote at national convention
vote of 3/4 of all state legislatures or 3/4 of state ratifying conventions
What is the Bill of Rights
first 10 amendments of the constitution that were included to get the anti-federalists to ratify the constitution
Bill of Rights
I freedom of religion, speech, press, assembly, and petition
II right to bear arms (guns)
III no quartering of troops
IV no unreasonable searches or seizures
V no indictment or double jeopardy, protection of self-incrimination and due process (miranda rights)
VI speedy and public trial, rights in criminal trials
VII lawsuits and juries
VIII no cruel or unusual punishments, no excessive fine or bail
IX rights will be protected whether they are listed or not
X delegated and reserved powers (state powers)
Bill
must pass both bodies with a simple majority
Veto
president can reject any law
if he signs or does nothing for 10 days it becomes law
Pocket Veto
refusal to sign a bill into law in the last 10 days of a congress so it never passes
Two-Thirds Override
super majority vote in each house to override a veto and pass a bill into law
Advice and Consent Power
senate can suggest appointees ad must formally approve most presidential appointments
Impeachment
house can impeach president, judge, or another official
senate holds a trial and requires a 2/3 vote to remove
Legislative Branch
435 house reps, 100 senators
citizens can contact lawmakers to influence them
Executive Branch
a
Judicial Branch
a
Separation of Powers
a