Wrote Leviathan; people are selfish, without gov--\>chaos, give up some rights for order (executive branch)
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John Locke
Wrote Two Treaties of Gov; natural/God-given rights, gov exists to protect rights
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Jean-Jacques Russoeau
Social contract, people are obligated to fix gov
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Montesquieu
Wrote Spirit of Laws; 3 sections for checks and balances
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Three Principles of DOI
Equality, Natural rights, Consent of the governed
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Federalists
John Jay, James Madison, Alexander Hamilton
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Different Types of Democracy
Participatory, pluralist, elite
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Participatory Democracy
Direct democracy; everyone votes on everything, majority rules
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Pluralist Democracy
interest groups; single issues per group (usually) ex. party system, NAACP
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Elite Democracy
Representatives are chosen to act as trustees
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AOC couldn't:
Tax, have standing army, have an executive branch, have national court system
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Constitutional Convention
Philadelphia, 55 delegates, 12/13 states (No Rhode Island)
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Plans
Virginia (Big states), New Jersey (Small states), Connecticut (Great)(Roger Sherman)
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Two types of monarchy
Straight and Constitutional
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Father of the Constitution
James Madison
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Virginia (Big State) Plan
3 branches, bicameral legislation (Senate and House of Representatives), based on population
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New Jersey (Small State) Plan
unicameral, equal representation
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Great/Connecticut Compromise (Roger Sherman)
3 branches, bicameral legislation (House of Representative based on population and Senate equal)
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When was the Constitution signed?
Sept 17,1787
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Constitution ratification
9/13 states; 1789
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Number of people in House of Representative
435
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DOI Arguments
All men are, by nature, equally free and independent - Virginia Dec of Rights
Human beings are no naturally subordinate to each other - Hobbs
Equality is not a product of law or social construction
We have individual natural rights (life, liberty, pur of happiness, property, religion)
To secure rights, gov is instituted among men
Gov must have a criminal law to punish those who hurt others natural rights
To keep consent secure, separation of power, federalism, and BOR
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federalism
sharing of power between state and federal/national government; not balanced, shared
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Article I
Legislative Branch
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Article II
Executive Branch
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Article III
Judicial Branch
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Article 4
Relations among the states (Full Faith and Credit Clause):
States will comply with other states laws (some registrations travel through states (marriage and drivers))
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Article 5
Amendment Process: (2/3 cote of both houses to propose, then ratified through 3/4 of state legislature)
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Article 6
National Supremacy
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Article VII (7)
Ratification
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Enumerated/Expressed Powers
Federal powers
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Reserved Powers
State powers
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Concurrent Powers
powers both share (tax)
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Fiscal Federalism/Revenue sharing
Federal government using money (grants) to influence & control states
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Grants-in-Aid Programs
How federal gov gives money for specific use
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Categorical Grant
Type of federal grants-in-aid; made for some specific, closely defined, purpose (power to federal gov)
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Block Grants
Federal grants-in-aid that allow states considerable discretion in how the funds are spent (power to state gov)
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"Conditions of aid"
Fed gov supplies money with conditions; carrot and stick approach
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Devolution
Returning of power from fed gov to state gov - more block grants
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Types of Federalism
Dual federalism, cooperative federalism, new federalism (kinda)
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Dual/Layer-cake Federalism
Distinct lines/differences between fed powers and state powers; limited government; founding → New Deal
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Cooperative/Marble-cake Federalism
Mingling of responsibilities between the state and national government; Shared powers; indistinct
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New Federalism
Basically just Dual Federalism (Ronald Reagan)
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Extradition
States must deliver captured fugitive criminals back to state of original crime
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priviledges and immunities clause
Article 4, Sec 2, clause 1 - Prevents a state from treating citizens from other states in a discriminatory manner
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Commerce Clause
The clause in the Constitution (Article I, Section 8) allows Congress to "regulate commerce with other nations" and between states
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Selective Exclusiveness
Idea that Congress can regulate only when the commodity requires national reform
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McCulloch v. Maryland (1819, Marshall)
the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
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U.S. v. Lopez (1995, Rehnquist)
Congress passes a gun free zone act for schools. Makes it a crime to carry guns within 1000 ft. of a school. Lopez convicted of carrying a gun within 1000 feet and the court rules that acting like doing this is a direct affect on commerce is absolutely a stretch. Therefore, the law is unconstitutional