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natural rights:
god given rights each individual in a society has that the government cannot take from them or infringe upon
popular sovereignty:
the people are the ultimate ruling authority and a government of official simply carry out the laws to protect their rights and welfare (the people should be the ones influencing the government, not the government acting without their wellbeing and needs in mind)
judicial review:
the power of federal courts to declare acts by the legislative (Congress) or executive (President) branches, or state actions, unconstitutional, ensuring they comply with the U.S. Constitution, a power established by Marbury v. Madison.
social contract:
people give up some of their rights/freedoms to their government in order for their government to protect the rest of their rights
Federalism:
those who supported the proposed constitutional structure, and the ideas of strong federal government and full ratification of the constitution
Federalist papers showed strong federalism ideas
Figures such as: Alexander Hamilton, James Madison, and John Jay
Anti-federalists:
those who opposed the constitution of the states under a federal government
Figures such as such as Robert Yates and William Lansing (they wrote Brutus papers)
Participatory Democracy:
depends on the direct participation of many (if not most) people in a society, not only in government, but in public life as well; emphasizes broad involvement of citizens in politics
Participatory Democracy issues + where its seen
Issue: hard to get this kind of participation and the larger the population the more difficult to involve everyone in decision making in timely manner
Implementation of this idea: Exercised at state/local level with local elections by the people themselves, but not in national government (uses representatives selected by the people instead)
Pluralist Democracy:
people with widely varying interests find others who share their interests and organize( called interest groups) and unite into nongovernmental groups to exert influence on political decision making
How Pluralist Democracy is implemented into government:
Implemented and checked by government by:
assuming each state would constitute one interest
House + senate contains representatives for states, but because these are composed of so many different members, it limits dominance of any single interest
system of electoral college: having electors vote independently while isolated in state capitals on same day (prevents overpowering influence fueled by interest)
Also made up of representatives based on the number of house and senates a state has
Elite Democracy:
elected representatives make decisions and act as trustees for the people who elected them
recognizes inequity in spread of power among general populace and the elites
people with resources and influence dominate
some people argue elected representatives are well equipped to secure rights of the individual
Where Elite Democracy is seen in our government
**In all 3 branches of government:
house of representatives composed of members elected directly by the people
have short 2 year terms and represent a geographic constituency
senate was another step removed from citizenry (meaning it does not practice this idea; still representative, but more elite)
Cabinet officials, judges appointed also represent this form of government
This is elite form of government because special selected individuals with high influence are chosen to represent the needs of people
Republic:
citizens elect leaders for a limited period of time; the leaders’ job is to make and execute laws in the public interest
Great (Connecticut) Compromise:
smaller states wanted equal footing to bigger states, so they made a compromise by both satisfying the population criteria for large states, and equal representation for small states through 2 different branches of government
By Roger Sherman
It created a 2 house congress composed of the House of Representatives and a Senate
Satisfied population criteria because house seats awarded based on population size (larger the population, the more house seats)
Satisfied equal representation criteria because Senate received 2 senators from each state regardless of population
⅗ Comrpomise:
people from non-slave states questioned how enslaved people could be counted
If they counted slaves as whole people, slave states would have a lot more house representatives than non slave states
Decided that they would count only 3 of every 5 enslaved persons in population for determining representatives in the house
Electoral College:
states decide how electors are chosen with each having the same number of electors as they have representatives in congress
Basically each state would be limited to having the same number of electors that they had representatives in congress, and the people of each individual state would vote for these electors
unitary system (Confederation):
concentrates power in a strong central government
A system where all significant power rests with the national or central government, which is supreme
The central government can delegate powers to regional units but can also take them away
Confederation:
a loose gathering of sovereign states for a common purpose
A league of independent states where states retain their sovereignty and delegate limited powers to a weak central government
The central government's authority is derived from and dependent on the states
Key issues from Articles of Confederation:
Congress could not tax people directly
Congress could not regulate commerce
Requirement to enact a national law was 9/13 states had to agree
No army or executive
No national court system or currency
Example of the issues this caused: Shays Rebellion (government failed to take control of a rebellion because they didn’t have the rescources to do so, so the state had to use their own)
Concurrent Powers:
refers to powers which are shared by both the federal government and state government
powers held by authorities at both levels, state and federal government
Examples of Concurrent Powers
the states and the nation can both levy and collect taxes, define crimes, run court systems, and improve lands
Reserved Powers:
a political power that a constitution reserves exclusively to the jurisdiction of a particular political authority (10th amendment)
Implied or Inherent:
implied powers are political powers granted to the US government that are not explicitly stated in the constitution. They are implied to be granted because similar powers have set a president (comes from “Commerce Clause” and “Necessary and Proper Clause”)
Separation of Powers:
the constitutional principle dividing government into three distinct branches—Legislative (makes laws), Executive (enforces laws), and Judicial (interprets laws)—to prevent tyranny
Checks and Balances:
new plan for government under the new constitution included three separate branches → legislative, executive, and judicial, each having unique powers and each able to block the other from gaining too much power
For example, although the government uses taxpayer money to fund large public projects, such as transportation systems and social safety nets, it cannot make those commitments unless representatives duly elected by the people agree on them.
respects people’s individual liberties and steps in only when necessary to resolve conflicts when individual liberties collide with opposing force
Full Faith and Credit:
requires states to respect each other's public acts, records, and proceedings (such as marriage, birth certificates, drivers licenses)
Privileges and Immunities
Citizens have the same rights and privileges no matter the state they are in
Extradition:
a person accused of a crime in one state who flees to another must be returned to the state where the crime was committed
Federal Revenue Sharing/fiscal federalism:
congress collects federal tax revenues and distributes these funds to the states to take care of particular national concerns
Federal Grants:
encompassing term for the many different types of funds from the U.S. government to states, localities, or individuals for public purposes
Grants-in-aid Programs:
when Congress directs federal funds to states that qualify for aid and withhold these funds when they do not (because they do not address/ adhere to rules or prompts towards safety, crime, education, and civil rights)
Block Grants:
federal money given to states for broadly defined reasons, differ from categorical grants in that they offer large sums of money to the states without the strings
Categorical Grants:
Grants with particular congressional guidelines or requirements for spending the money (strings)
Federal Mandates:
when the government requires states to comply with a federal directive, sometimes with the reward of funds and sometimes (in unfunded mandates) without
all branches have the power to issue these in some form or another
Incentives:
money withheld if no cooperation (ex: Civil Rights Act of 1964)
Shays’ Rebellion:
Massachusetts war vets led an uprising against high taxes and debtors prison, took a while for the people in MA to take control of the situation (and had to use the states money and resources, no aid from government)
Supremacy clause:
establishes that the U.S. Constitution, federal laws, and treaties are the "supreme Law of the Land," meaning they override conflicting state laws, ensuring federal power prevails in areas of overlap and binding state officials to uphold federal law
Commerce clause:
Congress’s authority over most commercial activity as well
grants Congress the power to regulate trade with foreign nations, among states (interstate commerce), and with Native American tribes, establishing a national economic framework and limiting state interference
Bicameral Legislature:
two-house legislature
The people would elect the lower house whose members would, in turn, elect the members of the upper house
Also made the national government supreme over the states and set clear limits for each of the branches
Also part of Virginia Plan by James Madison that called for a three branch system with a national executive, a judiciary, and a bicameral legislature
Devolution:
return of power to the states (Ronald Reagan’s philosophy of New Federalism)
Necessary and Proper clause/elastic clause:
“the Congress shall have power … to make all laws which shall be necessary and proper for carrying into execution the foregoing powers” (grants implicit powers)
10th Amendment:
distinguishes the two governing spheres
delegated/expressed powers are those the Constitution delegates to the federal government, and the job descriptions for the president and the courts
The reserved powers are not specifically listed, and thus any powers not mentioned remain with the states
Some concurrent powers are held by authorities at both levels, state and federal
Fourteenth Amendment (1868):
created after the Civil war with the intention of protecting freed slaves
Promises US citizenship to anyone born or naturalized in the US (therefore protecting non-residents in different states, so you couldn’t go to another state and be told you are not a citizen of the US)
Requires states to guarantee privileges and immunities to its own citizens as well as those from other states
Also has the equal protection clause which prohibits state governments from denying persons within their jurisdiction equal protection of the laws
Dual Federalism:
national government is supreme in its sphere, and the states are equally supreme in their own sphere
Selective exclusiveness:
rejection of an exclusive national authority over internal intrastate commercial activity; doctrine asserting that congress may regulate only when the commodity requires a national uniform rule.
16th Amendment:
created the federal income tax and expanded Congress’s reach of legislation
Amendment Process
Steps(formal process):
Proposal (Two Methods):
Congress: A two-thirds vote in both the House and Senate.
National Convention: Called for by two-thirds of state legislatures (never used).
Ratification (Three Methods):
State Legislatures: Approved by three-fourths of state legislatures (most common).
State Conventions: Approved by three-fourths of state conventions (used once for the 21st Amendment).
Congress: (Rarely used) Congress can specify ratification by convention.
**males it difficult to make official changes, ensuring stability while allowing adaptation
Bill of Rights:
The first ten amendments, added early on.
from the antifederalists, their add on to the constitution in order to further protect individual citizen’s rights as this was their main fear
**Their condition for ratifying the US constitution
National Government Specific Powers:
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Concurrent Powers between National and State Governments
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State Government Powers
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What was the final decision from United Staes v. Lopez (1995) case?
Majority opinion argued that a gun near school property does not have an impact on interstate commerce and is therefore not covered by the commerce clause
- most viewed this as Congress stretching the commerce power too far, and that it did not cover this area specifically
OVERALL RESULT: took a step back and limited some of Congress’s power under the commerce clause, drawing a clear line at where it ends
What was the final decision from McCulloch v. Maryland (1995) case? (remember that there were 2 key questions brought up by this case)
1st question can congress create a bank:
Contains no expressed power for Congress to create a bank
Did however contain the phrases “coin money”, “borrow money”, “collect taxes”, determine “laws on bankruptcies”, and “punish counterfeiting”
Banking was Therefore very much the federal government’s business, and supporters argued it was constitutional under the necessary and proper clause
2nd question can a state levy a tax on federal institutions:
The court declared “The power to tax involves the power to destroy”
Broadened what Congress could do, denoting its implied powers in the Constitution (those not specifically listed in the Constitution but deriving from the elastic clause) and declared that constitutional federal law will override state law
So therefore states cannot tax federal institutions
OVERALL RESULT: Broadened Congress’s powers under the commerce clause
How are democratic ideals reflected in the Declaration of Independence and the U.S. Constitution?
Declaration of Independence:
Stated ideas of natural rights, popular sovereignty, and limited government.
The Declaration argues that people are born free and equal and have rights that cannot be taken away, and it claims governments exist only with the consent of the governed (social contract)
US Constitution:
Applied ideals of the Declaration of Independence
authority comes from “We the People,” and it protects liberty by limiting government through separation of powers and checks and balances, ensuring no branch can gain too much control over citizens’ rights.
What were the limitations of the national government under the Articles of the Confederation? What event led the framers to decide to revise them?
Limitations: Congress could not tax, could not regulate commerce, had no executive branch, no national court system, and needed 9 out of 13 states to pass major laws.
Inciting Event to change this: Shays’ Rebellion, when Massachusetts farmers and veterans protested high taxes and debt, and the national government could not respond because it had no army or power to act, convincing many leaders the Articles needed to be revised into a stronger national system.
What were the views of Federalists? Antifederalists? How are their views reflected in the U.S. Constitution and foundational documents?
Federalists: supported the Constitution because they wanted a stronger national government that could solve problems like economic instability, national defense, and disunity, and they promoted their views in the Federalist Papers (like Federalist No. 10 and No. 51).
Antifederalists: opposed it because they feared a strong central government would become tyrannical and believed a large republic could not truly represent the people’s views, shown in writings like Brutus No. 1.
US Constitution: Anti-federalists fears shaped the Constitution because it includes limits on government and later gained the Bill of Rights, reflecting their demands for stronger protections of individual liberty. It reflects the federalists views with its strong central government with the powers to solve many key issues
What are some of the advantages of federalism? How has the balance of power between national and state governments been interpreted differently over time? Think about specific court cases, government actions that have impacted the interpretation of federal/state power.
Federalism:
it allows power to be shared between national and state governments, letting the federal government handle big national issues while states remain responsive to local needs.
How balance of power has been interpreted differently:
the balance of power has shifted through laws and court decisions.
In McCulloch v. Maryland (1819), the Supreme Court expanded federal power by supporting implied powers through the Necessary and Proper Clause and ruling states could not tax federal institutions, reinforcing national supremacy.
However, United States v. Lopez (1995) showed limits on federal power by ruling Congress had stretched the Commerce Clause too far, which strengthened state authority and emphasized state sovereignty in certain areas like schools.
What is the formal method for changing the Constitution and how is it an example of federalism?
Formal Method:
the amendment process in Article V
Requires both proposal and ratification.
Amendments can be proposed by a two-thirds vote in Congress or a national convention called by two-thirds of states
then must be ratified by three-fourths of state legislatures or state conventions
How it Shows Federalism:
it requires cooperation between the national government and the states, meaning constitutional change cannot happen without broad national agreement and strong state-level approval.
What is the purpose and also the implications of separation of powers and checks and balances for the U.S. political system
Purpose:
to prevent tyranny by dividing government into three branches—legislative, executive, and judicial—so no one branch can dominate.
Each branch has its own responsibilities (making, enforcing, and interpreting laws) but also has tools to limit the others, like judicial review or the ability to veto or override laws
Implications:
it protects liberty and supports limited government,
but it can also make the policymaking process slower, since major decisions often require compromise and agreement across multiple branches.
In order to appease both Federalists and Anti-Federalists, it was agreed at the Constitutional Convention that a group of delegates would be charged with selecting the president. This would ensure that …
a qualified person representative of the people would become president
**NOTE: president is not elected by Congress, but Electoral College
Which of the following is a difference between the Articles of Confederation and the United States Constitution that is a response to a problem expressed in the passage from federalist 15?
The Articles of Confederation allowed for the federal government to request revenues from states but did not permit it to tax citizens directly, whereas under the United States Constitution the federal government could tax citizens directly.
Key issue was that government could not tax, and therefore could not pay for things such as war debt and defense (left government unfunded and weak)