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Preamble
Establishes justice, ensures domestic tranquility, common defense, general welfare, and Liberty.
Declaration Of Independence
Foundation of Popular Sovereignty, natural rights, and social contract In the US. It says limited governments receive their power from the people
Natural rights
Rights of all people not give by the gov.
Popular sovereignty
people are the source of the government’s power and authority before this people believed in divine rights to rule.
Divine rights to rule
monarchs claimed God was the source of their power.
social contract
people create gov to protect their rights
John locke
Believed in natural rights and social contract theory.
Natural rights according to John locke
Life, Liberty, Property
Jean jacques Rousseau
Believed in social contract
Baron de Montesquieu
Wrote the spirit of laws, argued for separation of powers
U.S. Constitution
Establishes Natural rights, popular sovereignty, social contract, limited government and republicanism
Limited Government
Gov’s power is restricted by the constitution
Republicanism
Representative form of government
Republic Representative democracy
Citizens choose people to represent them in gov/ make policies
Direct democracy
Citizens vote directly on policies
Examples of direct democracy
Referendums and Initiatives
Referendum
State/local legislature passes a policy, then placed on ballot for citizen approval
initiative
Citizens proposed policy, then placed on a ballot and citizen vote directly for or against it.
Participatory democracy
Focuses on broad participation in politics/ civil society, direct democracy, majority rules
civil society
Non governmental organizations
Participatory democracy weakness
Problem is it may violate minorities
pluralist democracy
Focuses on the role of groups in policy making, the competition prevents only one group from dominating the government, protects minority rights better.
Pluralist democracy weakness
Problem is strong groups have disproportionate influence
Current example of pluralist democracy
Political parties and interest groups.
Elite democracy
Limited participation in politics/ civil society, is a representative democracy.
weakness of elite democracy
The weakness is gov can be dominated by wealthy of those with high status in business, military or politics.
Current example of elite democracy
Electoral college and congressional law making
How is elite democracy in the constitution
In the constitution the Electoral college picks the president because framers (founding fathers) didn't trust people to directly pick the president
How is Participatory democracy in the constitution
In the 15th, 19th, and 26th amendment expanded suffrage (rights to vote), and in the direct election for house of representatives
How is pluralist democracy in the constitution
In the constitution freedom of assembly allows us to make interest groups/ political parties.
Anti federalists
Opposed new constitution, believed in state rights
Anti Federalists feared
Feared national gov would restrict Liberty, or that congress would tax heavily, or that supreme court would overrule state court, or that the president would head a large standing army.
Anti Federalists goals
Add a bill of rights, more restriction on gov power, eliminate congress ability to tax.
Brutus NO.1
Focused on the benefits of decentralized republic, warned of loss of liberty from large centralized gov. (anti federalist)
Federalists
supported new constitution and song central govt
Federalist NO 10.
Large republic is the best way to control factions to give authority to elected reps and share power between state and national gov (federalism)
Bill of rights
The first 10 amendments, guarantees individual rights from gov abuse.
Factions
Groups of people who share common interests often at the expense others
State rights
govern in individual states
Central/national/federal gov
govern entire country
Articles of confederation
Weak federal gov, unicameral legislature where each state had one vote, no executive/ judicial branch, each step held its own power/ sovereignty
In the articles of confederation congress could
could Declare war, make treaties, raise an army, coin money, and borrow money
In articles of confederation congress couldn't
Tax states or people, regulate interstate commerce, regulate trade/tariffs.
In articles of confederation states could
could put tariffs on other states, create their own currency, refuse to recognize federal treaties.
Shay’s rebellion
lack of centralized military power led to slow response to put it down, showed weakness of federal gov in the articles of confederation, made more people want new constitution and strong central gov.
Constitutional convention purpose
To revise the articles of confederation.
Constitutional convention lead to
Development of the constitution.
Virginia plan
bicameral legislature both houses appointed based on population, favored large states and strong national gov
new Jersey plan
unicameral legislature, all states are equal, favored smaller states, liked articles of confederation
great compromise
Established bicameral legislature, with equal representation in the senate those house is based on population but the senate is 2 per state
Grand committee
negotiated great compromise, convinced large states to agree with the bicameral legislature with equal representation in the senate.
Electoral college
Compromise between those who wanted congress or citizens to vote for president
Three fifths compromise
Each slave counts as 3/5 of a person in representation in the house of representatives
compromise on importation of slaves
Congress couldn't ban the importation of slaves for 20 years after ratification of constitution
Amendment process
The constitution could be amended by either 2/3 votes in both houses of congress to propose and ¾ of state legislatures to ratify or 2/3 of the states request national convention propose and ¾ of state conventions ratify
contemporary debates
What is the proper role of central gov, what are the rightful powers of the ste gov, what rights belong to individuals.
Separation of powers
Governmental powers are divided between 3 different branches or government
Legislative, executive, and judicial
3 different branches of government
Congressional/ legislative powers
Make laws, power of the purse, declare war
Executive powers
Enforce laws, make treaties, commander in chief, grant pardons
Executive branch
president
Judicial branch
interpret laws, review decisions of states/ lower federal courts
Judicial branch
Judiciary branch
Checks and balances
each branch can block/ influence actions of the other branches
Congressional checks for the president/ executive branch
override presidential veto (2/3 both houses), impeach the president, refuse to pass bill the president wants, confirm presidential nominees (senate only), ratify a treaty (senate only)
Congress checks judicial branch by
Altering number of judges on the court, change the jurisdiction of lower courts and appellate jurisdiction of the SC, propose a constitutional amendment to override courts decision, pass legislation to limit the impact of a court ruling
Presidential checks on congress
veto legislation
Presidential checks on judiciary
nominate federal judges, ignore ruling of supreme court
Judicial checks on congress
declare federal laws unconstitutional
judicial checks on president
declare executive orders/ presidential cations unconstitutional
Impeachment
be indicted/ charged
congress can impeach president if
president commits high crimes and misdemeanors
House of representatives can impeach president if
majority rules of them being charged
To remove president/federal judge senate must
hold impeachment trial that requires 2/3 votes
Andrew Johnson and Bill Clinton
were impeached by the house
Richard Nixon
was going to be impeached but resigned before anything could happen
federalist NO.51
Separation of powers/ checks and balances limit gov power, control majority from abusing, protect minority rights.