Studied by 31 people
Govt. in which supreme power is vested in the people
process by which we select our governmental leaders and what policies these leaders pursue.
Republic
Leading up to the Revolutionary War, a famous phrase was “No taxation without representation!” To feel like their wants and needs were being heard by the government, the colonists wanted direct representation, but the British were unwilling to grant that to the colonies. Keeping that in mind, the Founders wanted to make sure that they were creating a political system that represented the people.
The Framers believed that the best form of government is one in which elected leaders represent the interests of the people. This is known as ___
The institutions & processes thru which public policies are made for society
google: the years between the end of the American Revolution in 1783 and the ratification of the U.S. Constitution in 1789
slides: The Articles of Confederation was the foundation document of the United States.
It established a “firm league of friendship” between the 13 states and was “ratified”: formally approved in 1781.
Declaration of Independence
______, drafted by Thomas Jefferson (with help from Adams and Franklin), restates the philosophy of natural rights, and provides a foundation for popular sovereignty.
which claimed that the British monarchy had become too powerful and was not listening to the needs and desires of the colonists, who therefore had the right to rebel.
drafted by Jefferson with help from Adams and Franklin, provides a foundation for popular sovereignty, while the U.S. Constitution drafted at the Philadelphia Convention and led by George Washington, with important contributions from Madison, Hamilton, and members of the “Grand Committee,” provides the blueprint for a unique form of political democracy in the U.S.
agreed to sign in the Second Continental Congress
becomes the governing body for the colonies during the American Revolution
Jefferson starts by stating that they need to explain why they want to split up with Britain. People are born with natural rights that they are born with due to natural virtue, and in order to protect those rights the people create a government to protect these rights known as the “consent of the governed”. If any government becomes destructive, the people have all rights to abolish the existing government and build a new government that will uphold the natural rights of the governed.
Enumerated Powers
McCulloch v. Maryland (1819), which declared that Congress has implied powers necessary to implement its ____ powers and established supremacy of the Constitution and federal laws over state laws
The _____, and, THEREFORE, AMY, implied powers in the Constitution allow the creation of public policy by Congress, which includes:
Passing a federal budget, raising revenue, and coining money
Declaring war and maintaining the armed forces
Enacting legislation that addresses a wide range of economic, environmental, and social issues based on the necessary and proper clause
in Limited Government
Powers specifically written & given to the U.S. Gov’t.
Federalism
System of government which is divided into levels…central/national government and regional governments (aka states)…and where power is divided (as well as shared in some areas)
10th Amendment!
Benefits of ____
Check Government Power/Protect Personal Liberty
Power Concentrated in Single entity → Tyranny
Under A.o.C. → Nat’l Govt Too Dependent on States
Provide Balance between Nat’l & State Govt.
Large Countries; Diverse Regions
Allows for local action—local concerns
More access points/ways to participate
Federalists
the ___ were in favor of a strong central government when they advocated for the new Constitution.
To support this they “anonymously” published 85 essays.
It is believed that almost all were written by Alexander Hamilton, John Jay, and James Madison.
85 essays, Federalist No. 10 and Brutus No. 1 reflect the tension between the broad participatory model and the more filtered participation of the pluralist and elite models of representative democracy. The three models of representative democracy continue to be reflected in contemporary institutions and political behavior.
First Continental Congress
Representatives from all colonies (except Georgia) meet in Philadelphia.
Present a “list of grievances” to the King.
The representatives “DO NOT” declare “INDEPENDENCE” at the ____
Full Faith and Credit Clause
Each State has to honor the civil rulings and laws from other states; doesn’t apply to criminal matters.
The U.S. Constitution’s requirement that each state recognize the laws of other states applies to all areas of law, though some issues have become complicated in recent times. For example, the ____ Clause applies to family law in that custody orders and orders of protection are upheld and enforced in other states. Application of the clause to the family law issue of same-sex marriage, civil unions, and partnerships, however, is yet to be resolved.
Article 4 - Relations Between the States - ____ Clause
Great Compromise AKA The Connecticut Compromise
A BICAMERAL legislature
One house based on population (House of Representatives) - Virginia Plan
Other house based on equal representation (Senate) - New Jersey Plan
Implied Powers
necessary and proper clause (elastic clause) introduces the concept of ___ powers
allow the creation of public policy by Congress
Passing a federal budget, raising revenue, and coining money
Declaring war and maintaining the armed forces
Enacting legislation that addresses a wide range of economic, environmental, and social issues based on the necessary and proper clause
Inherent Powers
They are powers that the national government exercises simply because it is a government. Examples include regulating immigration, acquiring territory, and ending labor strikes.
Mercantilism
is an economic system where a country aims to increase its wealth and power by exporting more than it imports and hoarding precious metals like gold and silver.
Necessary and Proper Clause AKA The Elastic Clause
Congress shall have power to make all laws ____ to carry out all other powers vested by Constitution in the government.
__ is perhaps the most important clause in the U.S. Constitution, though it is also the most controversial. The Clause gives Congress the authority to use powers not explicitly named in the Constitution, if they are _ in order to perform its responsibilities as outlined in the Constitution. In other words, Congress may do whatever is _ to do its job.
New Jersey Plan - William Patterson
Agreed with 3 branches
Wanted a unicameral legislature with EQUAL representation for all states (2 per state)
Favored by DE, NJ, CT - small states
Second Continental Congress 1775
Meet in Philadelphia shortly after Lexington & Concord
Eventually agree to sign the Declaration of Independence on July 4, 1776.
Becomes the governing body for the colonies during the American Revolution.
BIG DEAL IN HISTORY
Federalist No. 51 explains how constitutional provisions of separation of powers and checks and balances control abuses by majorities.
Multiple access points for stakeholders and institutions to influence public policy flows from the separation of powers and checks and balances.
powers separated among the Legislative (Congress: Passes Laws), Executive Branch (President: Carried Out Laws), Judicial Branch (Supreme Court and Other Federal Courts: Interprets Laws)
Daniel Shay, a veteran farmer from Massachusetts leads an armed rebellion against the State government of Massachusetts.
The rebellion exposes the weaknesses of Articles of Confederation.
Social Contract Theory
an implicit agreement among the people in a society to give up some freedoms to maintain social order
For the government to protect the natural rights of American citizens, people would have to see the government as an authority they must respect.
They would enter into a social contract with each other, meaning that American society as a whole would agree to give up some freedoms to be protected by the federal government. Thomas Hobbes, an English political philosopher, theorized that the ___ was the foundation of government.
Supremacy Clause
Constitution: Supreme Law of the Land
Sets up the hierarchy w/ the U.S. Constitution at the top.
the Supreme Court ruled that the Constitution gives federal courts the final authority in interpretation of the Constitution and federal law. Since the Constitution does grant federal courts this power, state courts cannot interfere with the judgments made.
Constitution: Supreme Law of the Land
National takes precedent over state law
Supreme Court: umpire of federalism
McCulloch v. Maryland
3 out of every 5 slaves would count towards representation in Congress & taxable property
Virginia Plan - James Madison
3 branches of gov't
Legislative branch should be based on POPULATION
Favored by VA, PA, MA, NY - big states
also known as interstate rendition clause. This clause provides that any accused person who flees to another state should be returned to that state. This request shall be made by the executive authority of the state where the crime was committed.
Federal System
Article 3 - The Judicial Branch
The ___ System (Supreme Court)
Gibbons v. Ogden
a landmark Supreme Court case in 1824 that established the federal government's authority to regulate interstate commerce, ensuring that states couldn't monopolize navigation on waterways.
McCulloch v. Maryland 1819
supremacy clause
which declared that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the Constitution and federal laws over state laws
Municipalities
“a town” ~ coach davis
is a local administrative division or government entity responsible for governing a specific geographic area, such as a city, town, or village. It provides essential public services and infrastructure to the residents within its boundaries, including things like water supply, sanitation, public safety, and local regulations. Municipalities typically have their own elected officials and are responsible for making decisions and managing resources within their jurisdiction.
Devolution (Nixon/Reagan)
• Transfer of Responsibilities from Federal Government back to States. This is essentially what Trump has done with Covid.
Cooperative Federalism
Marble Cake Federalism
States/Nat’l Govt Share powers & policy responsibilities
Dual Federalism
Layer Cake Federalism
States/Nat’l Govt Remain Separate in own spheres
the act of invalidating or cancelling a law, decision, or action, often by a higher authority, rendering it void or without legal effect.
Privileges and Immunities Clause
Article IV, Section 2 of the Constitution states that "the citizens of each state shall be entitled to all ____ of citizens in the several states." This clause protects the fundamental rights of individual citizens and restrains state efforts to discriminate against out-of-state citizens.
Reserved Powers
10th Amendment: “Those powers not delegated to the federal government, nor prohibited to the states, are ___ for the states.”
Powers set aside for the States
Seventeenth Amendment
popular election of Senators. Before this they were elected by State legislatures.
The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.
When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.
This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.
Sixteenth Amendment
The ___ is an amendment to the United States Constitution that was ratified in 1913, giving the federal government the authority to levy and collect income taxes from individuals and businesses.
14th Amendment
Due process
Equal protection
Civil rights are rights all individuals share as provided for in the __ Amendment (CITIZENSHIP), which guarantees equal protection under the law
government will not deprive any person of life, liberty, or property by any unfair, arbitrary, or unreasonable action, and that government must act in accord with established rules.
Selective incorporation is defined as a constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens.
The view that most of the protections of the Bill of Rights apply to state governments through the __ Amendment’s due process clause.
Special District
a local government entity created to provide specific services or address particular needs within a defined geographic area, such as water supply, sewage treatment, or fire protection.
Tenth Amendment
an amendment to the United States Constitution that was ratified in 1791 as part of the Bill of Rights. It asserts that any powers not specifically delegated to the federal government by the Constitution are reserved for the states or the people, emphasizing the principle of federalism and limiting the scope of federal authority.
Unitary System
a _____ of government is a type of political organization in which all governing powers and authority are concentrated at the national or central level. In this system, subnational entities, such as states or provinces, typically have limited autonomy and derive their authority from the central government. The central government makes decisions and establishes laws that apply uniformly across the entire country, and local governments have little independent authority.
Anti-Federalist
feared a strong central government.
They, too, published a series of essays.
An ___ essay which argued against a strong central government based on the belief that it would not be able to meet the needs of all US citizens.
They wanted a loose confederation of states.
It is believed that almost all were written by Patrick Henry and George Mason.
The sixteen “Brutus” letters, addressed to the Citizens of the State of New York and published in the New-York Journal and the Weekly Register, closely paralleled the “Publius” newspaper articles and Justice Robert Yates, is the presumed author.
United States v Lopez (1995)
which ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control.
