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natural rights
(locke) all humans have right to life, liberty, and property. purpose of govt. is to protect natural rights.
popular sovereignty
power derives from and resides in “the people”
limited govt.
govt. power should be limited to prevent tyranny and only have enough to protect natural rights.
social contract
(rousseau and locke) people must give up some freedoms in exchange for govt. to protect natural rights. consent of governed.
participatory democracy
direct democracy, citizens vote directly for laws, policy, and their implementation. ex. initiatives/propositions and town hall meetings.
representative democracy
(republic/pluralist democracy) organized groups compete to gain benefits for their own faction. all represented regardless of participation. prevents tyranny because multiple factions makes it difficult for one group to gain majority power. ex. political parties
elite democracy
(republic) elites should run country and chose who is represented or in power. ex. electoral college, election of senators prior to 17th amendment (chosen by state legislature not citizens).
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separation of powers
executive, legislative, judicial. division of govt. w different powers.
checks and balances
each branch is able to check, or block the actions of another. prevents tyranny of one branch. ex. president veto bill from congress, supreme court declare act of congress unconstitutional, congress can impeach president or reduce presidential budget program.
federalism
division of power between national and state govts. balance checks power of national govt. w/ state power. increased opportunity for political participation, prevents tyranny of majority by spreading out factions over more institutions and distances.
shay’s rebellion
poor farmers uprising to stop MA courts from foreclosing their homes after revolutionary war. showed AOC didn’t work. had no president or federal troops to put down rebellion, ended up sending private militia.
virginia plan
constitutional convention proposal: bicameral legislature w/ rep based on population (big states)
new jersey plan
constitutional convention proposal: unicameral legislature w/ equal rep for each state (small states)
great compromise
connecticut solution: bicameral legislature. lower house (house of representatives) rep based on population and chosen by citizens. upper house (senate) representation based on equal rep and chosen by state legislature.
electoral college
citizens do not directly elect pres and vice pres. group of electors vote based on popular vote of their states. simplified process to check “passions of the masses”.
federalists
pro-ratifying constitution. strong central govt. run by those educated and “fit to govern”. elite and wealthy. favored protection of property rights and debt repayment. ex. john jay, alexander hamilton, james madison (federalist papers)
anti-federalists
anti-ratifying constitution. smaller farmers. protection of individual rights (Bill of Rights) and greater state power than national govt. ex. brutus papers
enumerated powers (article 1, section 8)
powers specifically listed and granted to congress.
ex. elastic clause (whatever necessary), tax, currency, lower court creation, regulate commerce, declare war, raise and support armies
elastic clause (necessary and proper clause)
part of enumerated powers. congress can pass any law “necessary and proper" to carry out enumerated powers.
supremacy clause (article 6)
if there’s conflict between state law and national law, national law is supreme (state law overruled).
3/5ths and slave trade compromise
3/5ths of slave population would be counted for rep in house. international slave trade couldn’t be banned till 1808.
amendment passage
amendment proposed (by 2/3 of congress or states)
amendment ratified (by 3/4 of state legislature or state constitutional conventions
10th amendment
any powers not delegated to the federal govt. are reserved to the states. ex. local education policy
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mcculloch v. maryland
state govt. could not tax federal national bank in MD. affirmed necessary and proper clause and execution of enumerated powers (national vs. states rights. expanded national govt. power)
U.S. v. lopez
brought a gun to school. not an economic activity = no federal regulation. declared use of the (interstate) commerce clause to authorize the gun free school zones act as unconstitutional. (limited congress’ power)
10th amendment
the rights not listed in the bill of rights belong to the people/states
enumerated powers (article 1, section 8)
powers specifically listed and granted to congress.
ex. elastic clause (whatever necessary), tax, currency, lower court creation, regulate commerce, declare war, raise and support armies
elastic clause (necessary and proper clause)
part of enumerated powers. congress can pass any law “necessary and proper" to carry out enumerated powers.
supremacy clause (article 6)
if there’s conflict between state law and national law, national law is supreme (state law overruled).
full faith and credit clause (article 4)
states must respect and enforce decisions of other state courts (unless the court lacked jurisdiction/authority). minimal impact on state sovereignty.
dual federalism (layer cake)
federal govt. responsible for carrying out enumerated powers, but all other powers are carried out by states (1789-1920’s). clear separation of federal vs. state powers.
cooperative federalism (marble cake)
national govt. more involved in how state govts. function. began w/ great depression (to solve problems larger than states could handle) and has lessened but continues today.
categorical grants (strings attatched)
federal govt. grants to states w/ specific terms and conditions for their use, can be revoked if states don’t adopt a federal policy. ex. funding to technology to assist special needs services for students.
block grants (no strings attatched)
federal govt. grants to states w/ broad leeway in how they spend the funds. ex. transportation grant could be used for roads, mass transit, etc.
mandates
federal requirements states must comply w/
unfunded mandates
do not provide funding to help states comply w/ requirement of law. ex. americans w/ disabilities act
devolution
policy began in 1990’s to give greater power/authority to states
commerce clause
ability for congress to regulate both foreign and interstate commerce
privileges and immunities clause
visitors of states are entitled to the same privileges and immunities as citizens of the states
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federalist 10
(madison) how to address factions and why a large republic is better suited to do so.
faction
organized group working to secure their interests.
brutus 1
(publis) anti-federalist paper arguing against ratification of constitution. concerned w/ legislative branch being too powerful, taxation, supreme court overpowering state courts, and army being used against the people. worried state govt. would not have any real power.
federalist 51
(madison) separation of powers to prevent tyranny and limit influence of factions. ex. national/state, bicameral legislature, 3 branches