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Classical Republicanism
Originates from the ideas of ancient Rome and Greece.
Focuses on promoting the common good rather than individual interests.
Citizens are expected to participate in government, perform civic duties, and act morally.
Encourages small, uniform communities where people know and trust each other.
Examples: serving in the military, obeying laws, paying taxes, and voting responsibly.
Civic Virtue
The idea that citizens should put the needs of the community above personal desires.
Essential for maintaining a republic, without it, corruption and selfishness can destroy democracy.
Examples: volunteering, serving on juries, staying informed about politics.
Natural Rights Philosoph
Developed by John Locke (17th century).
States that all people are born with natural rights—life, liberty, and property.
Governments are formed through a social contract to protect these rights.
If the government violates the contract, citizens have the right to revolt.
Influenced the Declaration of Independence ("life, liberty, and the pursuit of happiness").
Magna Carta (1215)
English nobles forced King John to sign it.
Established that even the king is not above the law (Rule of Law).
Guaranteed certain rights such as:
Trial by jury
Due process
Protection of property
Influenced American constitutional principles like limited government and due process.
Rule of Law
Principle that everyone must follow the law, including government officials.
Prevents arbitrary power or tyranny.
Ensures fairness, stability, and equality under the law.
Writ of Habeas Corpus-
Means "you have the body" in Latin.
Protects individuals from unlawful imprisonment.
A judge must determine if there is a valid reason for someone's detention.
Can only be suspended in extreme cases (like rebellion or invasion).
Stare Decisis
Latin for "let the decision stand."
Courts use precedent — past judicial decisions — to decide current cases.
Creates consistency and predictability in the law.
Writs of Assistance- (4th Amendment Connection)
General search warrants used by British officials in colonial America.
Allowed searches of homes and ships without specific cause.
Angered colonists and led to the 4th Amendment, which protects against unreasonable searches and seizures.
Common Themes Among Late 18th Century State Constitutions
Popular sovereignty - government gets its power from the people.
Separation of powers - legislative, executive, and judicial branches.
Checks and balances - each branch limits the others.
Bicameral legislatures - two-house system to prevent legislative dominance.
Bills of rights - guaranteed freedoms like speech, religion, and fair trial.
Limited government - powers of leaders are clearly restricted.
Articles of Confederation (1781-1789)-
First U.S. Constitution - created a weak national government.
Congress had limited powers: could make laws, declare war, and sign treaties, but:
Could not tax citizens.
Could not regulate trade between states.
Could not enforce laws — no executive branch.
No national court system.
Each state had one vote in Congress.
Required unanimous consent to amend.
Weaknesses revealed by Shays' Rebellion, leading to the Constitutional Convention.
Bill of Attainder-
Legislative act that punishes a person without a trial.
Constitution prohibits both federal and state governments from passing them (Article I, Sections 9 & 10).
Ex Post Facto Law-
"After the fact" law — punishes someone for an act that was not illegal when committed.
Also prohibited by the Constitution.
Shays' Rebellion (1786-1787)-
Led by Daniel Shays, a Massachusetts farmer and Revolutionary War veteran.
Farmers rebelled against high taxes and debt collection.
Exposed the weakness of the Articles of Confederation — no federal army or funds to stop the uprising.
Convinced many leaders that a stronger central government was needed.
Constitutional Convention (1787)-
Held in Philadelphia to revise the Articles, but delegates wrote a new Constitution instead.
55 delegates from 12 states (Rhode Island didn't attend).
Key figures: George Washington (president of convention), James Madison (Father of the Constitution), Ben Franklin, Alexander Hamilton.
Agreed on the need for a stronger central government with limits and checks.
Civil Discourse-
Respectful and reasoned discussion that seeks the best solution for the common good.
Encouraged listening, compromise, and keeping debates issue-based rather than personal.
Helped the delegates reach compromises like the Great Compromise.
Virginia Plan-
Proposed by James Madison and Edmund Randolph.
Bicameral legislature with representation based on population.
Strong national government with 3 branches.
Favored large states.
New Jersey Plan-
Proposed by William Paterson.
Unicameral legislature with equal representation for each state.
Favored small states.
Wanted to revise the Articles, not replace them.
Great (Connecticut) Compromise-
Proposed by Roger Sherman.
Created a bicameral legislature:
House of Representatives - proportional representation.
Senate - equal representation (2 per state).
Balanced interests of large and small states.
Three Fifths Compromise-
For representation and taxation, enslaved people counted as 3/5 of a person.
Gave Southern states more political power in Congress.
Proportional Representation-
Representation based on state population.
Used in the House of Representatives.
Electoral College-
System for electing the President.
Each state's electors = # of Senators + # of Representatives.
Prevents direct democracy; meant to balance small and large state influence.
Ratification Process-
Constitution required 9 out of 13 states to ratify.
Sparked debate:
Federalists: supported the Constitution (Hamilton, Madison, Jay).
Anti-Federalists: opposed it, fearing too much federal power; wanted a Bill of Rights.
Federal vs. Unitary Government-
Federal: power shared between national and state governments (U.S.).
Unitary: all power in the central government (e.g., Britain).
The U.S. chose a federal system to balance unity and local control.
Federalism: Balance of Power-
National government has certain powers, states have others.
Maintained through the 10th Amendment and Supremacy Clause.
Prevents tyranny by dividing authority
10th Amendment-
Powers not given to the federal government or denied to the states are reserved for the states or the people.
Basis for state sovereignty and limits on federal power.
Separation of Powers-
Government power divided into three branches:
Legislative: makes laws (Congress)
Executive: enforces laws (President)
Judicial: interprets laws (Courts)
Prevents any one branch from becoming too powerful.
Enumerated (Expressed) Powers-
Powers explicitly listed in the Constitution.
Examples: tax, coin money, declare war, regulate commerce.
Concurrent Powers-
Powers shared by both the federal and state governments.
Examples: collecting taxes, establishing courts, borrowing money.
Implied Powers-
Powers not written but suggested by the Necessary and Proper Clause.
Example: Congress creating a national bank (McCulloch v. Maryland).
Inherent Powers-
Powers that naturally belong to any sovereign nation.
Examples: controlling immigration, acquiring new territory.
Extradition-
Process of returning a person accused of a crime to the state where the crime occurred.
Necessary and Proper Clause (Elastic Clause)
-Article I, Section 8, Clause 18.
Allows Congress to make laws needed to carry out its enumerated powers.
Source of implied powers and flexibility in the Constitution.
Commerce Clause-
Gives Congress power to regulate trade between states and with foreign nations.
Used to expand federal power over time.
Supremacy Clause-Article VI -
Constitution and federal laws are the "supreme law of the land."
States cannot pass laws that conflict with federal laws.
Full Faith and Credit Clause-
Article IV, Section 1.
States must honor each other's laws, records, and court decisions.
Example: a marriage license in one state is valid in all others.
Dual Federalism ("Layer Cake")-
Federal and state governments remain separate in their areas of authority.
Example: States control education; the national government controls defense.
Common before the 1930s.
Cooperative Federalism ("Marble Cake")-
Federal and state governments work together to solve problems.
Began during the New Deal (FDR) to address the Great Depression.
Example: joint funding for highways, education, and welfare.
Deficit Spending-
When government spends more money than it collects in taxes.
Used during the Great Depression to stimulate the economy.
Categorical Grants-
Federal money for specific purposes with conditions attached.
Example: school lunch programs, highway construction.
Gives the federal government more control.
Block Grants-
Federal money for broad purposes with fewer restrictions.
Example: education, healthcare.
Favored by states because of flexibility.
Direct Order Mandate
Cross-Cutting Mandate-
A condition applied to all activities receiving federal funds.
Example: anti-discrimination requirements in all federally funded programs.
Crossover Mandate-
Federal funding in one area is tied to compliance in another.
Example: states raising the drinking age to 21 to receive highway funds.
Devolution-
Transferring power from the federal government back to the states.
Became popular in the 1980s-1990s under Reagan.
Legacy of the New Deal-
Expanded the role of the federal government in the economy and welfare.
Established the foundation for cooperative federalism.
Legacy of the Great Compromise-
Created a bicameral Congress and shaped the structure of U.S. representation still used today.
Federalist No. 10 (James Madison)-
Main idea: Factions (interest groups) are dangerous but inevitable.
Solution: A large republic controls factions by spreading out power and diluting influence.
Encouraged representative democracy over direct democracy.
Federalist No. 51 (James Madison)-
Explains checks and balances and separation of powers.
"If men were angels, no government would be necessary."
Each branch must be independent and able to check the others to prevent tyranny.
Brutus No. 1 (Anti Federalist)
Warned that a strong central government would destroy state power and threaten liberty.
Argued the Necessary and Proper Clause and Supremacy Clause gave the federal government unlimited power.
Wanted a small, localized government closer to the people.
McCulloch v. Maryland (1819)-
Issue: Could Maryland tax the national bank? Did Congress have the power to create a bank?
Ruling: No to the tax; Yes to the bank.
Significance: Established implied powers through the Necessary and Proper Clause.
Strengthened federal supremacy (Supremacy Clause).
Gibbons v. Ogden (1824)-
Issue: Who controls interstate commerce?
Ruling: Only Congress can regulate trade between states.
Significance: Expanded federal power under the Commerce Clause.
U.S. v. Lopez (1995)-
Issue: Can Congress ban guns near schools using the Commerce Clause?
Ruling: No — carrying guns is not related to interstate commerce.
Significance: Limited federal power; returned some authority to the states.
Marked a shift back toward state-centered (dual) federalism