Topic 1: Principles of Democracy and the Constitution MADDOX

Anti-federalists

Those persons who opposed the ratification of the constitution in 1787-1788, small farmers, shopkeepers, laborers, wanted strong state government and weak national government, direct election of officials, shorter terms, more democracy, rule by common man, strengthened protections for individuals, wanted something like articles of confederation but revised

Articles of confederation

First constitution of the USA. Established a loose alliance among the thirteen original states, providing a framework for cooperation and governance.

Strengths:

• Allowed for common defense

• Foreign diplomacy

• regulation of interstate disputes

Weaknesses

• Weak central government

• Lack of taxation powers

• Difficulties in decision-making.

Bill of attainder

A legislative act that inflects punishment without a court trial

Bill of rights

The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns about the lack of basic liberties

Block grants

Combine several categorical grants in broad policy areas into one general grant. States prefer block grants because they allow state officials to adapt the grants to their particular needs. Congress is reluctant to use block grants because they loosen Congress's control over how the money is spent

Categorical grants

The national government provides money to the states for specific purposes. A major policy tool of the national government during the New Deal era that expanded rapidly during the 1960s' Great Society. State and local officials began to criticize this method of national support for a number of reasons. In particular, it was difficult to adapt the grants to local needs

Checks and balances

System of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others

Commerce clause

Gives congress the power to regulate commerce with foreign nations and among the several states and with the indian tribes

Concurrent powers

Those powers that both the national government and the state possess and exercise. Federal AND state.

Confederalism/confederation

A joining of several groups for a common purpose, “Friendship”

Conneticut compromise/great compromise

The decision during the Philadelphia constitutional convention to give each state the same number of representatives in the Senate regardless of size and representation in the House determined by population

Constitutional convention

First, the Aborted Annapolis Meeting. An attempt to discuss changes to the Articles of Confederation in September 1786. Attended by only 12 delegates from 5 states. Called for a meeting in May 1787 to further discuss changes—the Constitutional Convention. Making a Constitution: The Philadelphia Convention•Gentlemen in Philadelphia. 55 men from 12 of the 13 states. Mostly wealthy planters & merchants. Most were college graduates with some political experience. Many were coastal residents from the larger cities, not the rural areas

Devolution

The delegation of authority from the central government to regional governments

Elastic clause

Says congress has the power to make all laws which shall be necessary and proper to carrying into execution the foregoing powers and all other powers vested by this consitution in the government of the united states, or any department or officer thereof, necessary and proper, been stretched to cover so many situations

Enumerated powers

Also called expressed powers, delegated to the national government, congress has 27 powers in 18 clauses such as: power to lay and collect taxes, coin money, etc, the powers to the president are things like: act as commander in chief of armed forces, make treaties, etc

Ex post facto law

A law commited to an act before its passage

Federal mandate

The federal government tells states what they must do

Federalist papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution

Federalists

Those persons who supported the ratification of the constitution in 1787-1788, large landowners, wealthy merchants, professionals, weaker state government, strong national government, indirect election of officials, long terms, government by elite, expected few violations of individual liberties

Fiscal federalism

Involves the offer of money from the national government to the states in the form of grants to promote national ends such as public welfare, environmental standards, and educational improvements

Implied powers

Those delegated powers of the national government that are suggested by the expressed powers set out in the consitution, those necessary and proper to carry out the expressed powers

Incumbent

The current office holder

Inherent powers

Powers the constitution is presumed to have delegated to the national government because it is the government of the sovereign state within the world community

Rule of law, limited government

No branch of government is given too much power. The people and their government must abide by a set of laws, rather than by arbitrary rules set down by any individual or group. The constitution sets limits to governmental power and establishes how leaders who overstep their power can be removed.

Loose constructionist

Where you can do something if the Constitution doesn't specifically say that you can't do it

New Jersey plan

A framework for the Constitution proposed by a small group of states. Its key provisions included a one-house legislature with one vote for each state, a multi-person executive, the establishment of the acts of Congress as the supreme law of the land and supreme judiciary with limited power

Republic

Power of the people and representatives, a form of government in which the people select representatives to govern them and make laws, change is slow, long process, must be approved by many

Separation of powers, Checks + balances

Basic principle of american system of government that the executive, legislative, and judicial powers are divided among three independent and coequal branches of government

Shay's rebellion

Series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings

Slave Trade Compromise

Three-fifths compromise

Strict constructionist

One who argues a narrow interpretation of the constitution's provisions, in particular those granting powers to the federal government

Supremacy clause

Linchpin of the constitution, it joins the national government and states into a single unit (federal government)

Tenth amendment

Powers granted the states

Three-fifths compromise

An agreement at the consitutional convention to count a slave as 3/5 of a person when determining the population of a state

Virginia plan

The first general plan for the Constitution, proposed by James Madison. Its key points were a bicameral legislature, an executive chosen by the legislature, and a judiciary named by the legislature

Writ of habeas corpus

A court order which prevents unjust arrests and imprisonments

Federalism

A system of government in which a written consitution divides power between a central or national government and several regional governments

How did English traditions regarding government influence the formation of American government? (think about major British documents and their purpose)

Magna Carta (1215): established the principle that no one, including the king or a lawmaker, is above the law.

i. Became part of English common law

Petition of Right (1628)

i. King Charles I directly challenged the rights of Englishmen by disbanding Parliament and asserting that no one could question his power because it came from God

ii. Sir Edward Coke informed Charles I that Englishmen received their rights from the law, not the king and that the king was subject to the law

iii. Coke then created a petition that focused on Charles' violation of the protection of the law

The English Bill of Rights (1689): formed the foundation for many concepts and principles of the United States constitution

i. Gave Nonconformists (Protestants who did not attend the Church of England) the right to freely exercise religion, gave Parliament total freedom of speech during debate, the right to assemble peacefully and petition, the right to bear arms, protections of property and liberty, rights of the accused, the rights of criminals

John Locke's Two Treaties of Government (1689)

i. Locke argued that people are by nature free and equal: they own their "persons [bodies] and possessions"

ii. Without laws, people cannot preserve these natural rights, so they "unite into a community for their comfortable, safe, peaceable living"

iii. It is the people's right to dissolve a government that repeatedly fails to protect them

Describe the structure of the Declaration of Independence and its purpose.

Purpose to have freedom and independence. Structured by telling king his wrongs and why they wanted to be independent

Describe the issues facing the Founding Fathers leading up to the Philadelphia Convention. How do these events account for the Constitution?

Economic turmoil (post war debts, laws created in favor of debtors not creditors), shay's rebellion (attacks on courthouses), aborted anapolis meeting (an attempt to discuss changes, only 12 delegates from 5 states showed up)

What were the major weaknesses of the Articles of Confederation government?

The Articles of Confederation created a weak national government with most of the governmental powers retained by the states. The Articles provided no separation of branches. There was no president or any other independent executive, nor was there a federal judicial branch. Congress, the legislature, was the only branch of government. Laws required unanimous votes. Members elected to congress did not vote as individuals, but as states. While congress did have some powers, it could not enforce its laws on the states or the people. States were permitted to coin their own money. There was no regulation of commerce between the states and states could even enter into treaties with foreign nations and declare war, "with the consent of Congress." Congress could not tax the states or the people, it could only request funds to run the government.

What were the major questions or issues that the Founding Fathers had to overcome in writing the Constitution? Be sure to know the names of the compromises and plans.

The Philadelphia Convention had many conflicts but probably the major conflict was the representation of the states. There were two plans, one drafted by James Madison (Virginia Plan) and another prepared by William Patterson (New Jersey Plan) for how they thought representation of each state should be.

Both Virginia and New Jersey submitted their plans to the convention for consideration. After a considerable debate, the Virginia Plan was used as the basis for the new constitution. Not all recommendations in this plan were accepted. On September 17, 1787, the final draft of the Constitution was signed. The work was done. The Constitution of the United States had been created.

Describe the central conflicts between the Federalists and Anti-Federalists.

Federalists supported the constitution and a strong national government and anti-federalists did not support the consitution and wanted a strong state government

What are the different types of powers contained in the Constitution?

Enumerated (powers given to the national government in the Constitution), reserved (powers reserved for the states in the Constitution), and concurrent (powers shared by the Federal government and state governments in the Constitution)

What is the difference between the following systems: federalism, unitary, and confederacy?

unitary- one central govt

federal- a central govt working with multiple regional govts

confederation- no central govt, just multiple regional govts

What are the advantages and disadvantages of federalism?

Advantages

•Recognizes local interests and differences

•More points of access for people seeking to influence policy

•States are policy innovators

•States serve as a check on federal government power

•Easier to manage large country

Disadvantages

•Policies are not standardized across states

•Greater chance of corruption on the local level

•Unequal representation in governments

•Lack of standardization in policy could cause economic

What clauses of the Constitution have given rise to the power of the central government over time?

The Commerce Clause describes an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts and commentators have tended to discuss each of these three areas of commerce as a separate power granted to Congress." [1] It is not uncommon to see the individual components of the Commerce Clause referred to under specific terms: The Foreign Commerce Clause, the Interstate Commerce Clause,[2] and the Indian Commerce Clause.

Dispute exists within the courts as to the range of powers granted to Congress by the Commerce Clause. As noted below, the clause is often paired with the Necessary and Proper Clause, the combination used to take a broad, expansive perspective of these powers.

Popular Sovereignty

Because the government is created for and by the people, power resides not with the government or its leaders but with the people. In a representative democracy, the people vote to elect leaders to represent their interests.

Independent Judiciary

the judicial branch is established as an independent entity, free of pressures and influences from the other two branches. The Supreme Court is the highest authority in the federal court system.

Individual Rights

Individual rights and liberties are protected against government encroachment.

Social Contract

People give up the right to do whatever they want and govern themselves to ensure and guarantee the protection of their natural rights - life, liberty, and property.

Bicameral

Two houses, Congress + House of Representatives

The Electoral College

• Made up of electors who cast their votes

• Each state has as many electors as members of the house and senate

Changing the Constitution

Congress can propose an amendment by a 2/3 vote in each house ————> State Legislatures can ratify an amendment by a vote of ¾ of the states.

Why is federalism important?

• Decentralizes our politics, gives more opportunities to participate.

• Protects against tyranny of the majority

• Promotes unity without imposing uniformity

• Creates “laboratories” for political experiences.

Informal Amendments

Does not involve changes in the wording of the constitution, but it alters the meaning of the constitution.

Legislation

Congress can add details to the constitution, or change how it is interpreted.

Executive actions/Presidential Practices

1. Presidents can issue executive orders to change polices based on their interpretation of the Constitution. These orders can impact how laws are enforced and interpreted.

2. Traditions set by presidents, such as GW’s tradition of only serving 2 terms, can become informal amendments.

Supreme Court Decisions

Can change the constitution without changing the written document.

Political Parties

Political Parties have devolved methods for nominating presidential candidates, such as primaries, caucuses, and national nominating conventions.

The creation of political parties isn’t mentioned in the Constitution but is fundamental to the American political system.