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Federalist 10
Addresses how to guard against factions (groups of citizens with interests adverse to the rights of other citizens or the community). Argues that a large republic is better.
Federalist 51
Advocates for separation of powers with checks and balances to maintain liberty while preventing government tyranny through independent branches, bicameral legislature, and federalism.
Federalist 70
Argues for a strong, unitary executive leader to ensure accountability and energy in the government.
Federalist 78
Judicial branch ensures laws are constitutional with judicial review, protecting against legislative overreach.
Brutus 1
- First of the ANTI-federalist papers
Raises the question: which is better for freedom- confederacy of state governments or powerful central government?
Argued Confederacy was better than the republic the Constitution would establish
Said that through the Necessary and Proper Clause and Supremacy Clause the state governments would lose their authority
His primary concerns:
Collecting taxes
The courts: if national courts are more powerful, state governments will become unnecessary
Size of country: not
Declaration of Independence
Primarily authored by Thomas Jefferson but others contributed too
Asserts that governments are there to secure rights and should be changed if they fail to do so
“All men are created equal” establishes interest in civil rights and equality
Reflects the ideas of Enlightenment (particularly natural rights and the consent of the governed)
Included a list of grievances
Statement of colonial unity and independence from Britain
Articles of Confederation
First governing document of the U.S.
Established a loose alliance of independent states and a weak central government
Wanted to preserve states’ rights
Had a unicameral legislature (no judicial or executive branch)
Congress couldn’t collect taxes or regulate commerce
Weak central authority meant that they couldn’t handle economic challenges or disputes between states
Letter From a Birmingham Jail
Written by Martin Luther King Jr
Advocated for nonviolent civil disobedience as a response to racial injustices
Responded to the critcisms of white clergymen who said his actions were “unwise and untimely”
Popular Sovereignty
Power to govern is in the hands of the peopl
Social Contract Consent of the Governed
Idea that individuals give some of their freedoms to the government in exchange for safety and security
Natural Rights
Rights people have from natural laws apart from a govt (therefore CAN’T be taken away by govt)
Seperation of Powers
Power should be split into 3 branches
Checks and Balances
Parts of the Constitution working to prevent tyranny.
Limited Government
Prevented from tyranny through a system of check and balances and distribution of power
Particapatory Government
Broad participation in politics by almost ALL members of society
Pluralist Democracy
Groups of people associate with interest groups who then compete tot influence policy.
Elitist Democracy
More limited participation based on assumption that only very educated people can understand politics.
Articles of Condederation
Pre-dated the U.S. Constitution
States strong, national govt WEAK
Only 1 branch in fed. govt.
Framers were worried about dangers of large, centralized govt (wouldn’t be able to represent the views of the people because it would be so separated from them)
Shay’s Rebellion
Armed uprising led by Massachussetts farmers
They were former Revolutionary War vets who didn’t get paid because Congress didn’t have the power to tax and make money
But the farmers still had to pay high taxes in MA; they couldn’t afford them and the state forced them to give up their farms
There was no national army to respond to the uprising, and the event highlighted the weakness of the AOC
Specifically, the lack of national security and the inability to deal with financial crises
Federalists
Advocated for sharing of power between state and national governments.
Anti-Federalists
WCanted a more decentralized government with greater states’ rights
Constitutional Convention
Initially planned on modifying the AOC but ended up reframing the entire govt to create a stronger federal system.
Virginia Plan
Congressional representation would be proportional to population (big states would have more power), bicameral legislature.
New Jersey Plan
Each state would be represented with one vote (small states would have disproportionate representation), unicameral legislative branch, 3 presidents.
Connecticut Compromise
Introduced the idea of a bicameral legislature (representation by population in the house, same representation in the senate).
Commerce Clause
Grants Congress the power to regulate commerce with foreign nations, between states, and with native tribes.
Supremacy Clause
The Constitution and federal laws take precedence over state laws in cases of conflict.
Neccesary and Proper Clause
Gave Congress the power to carry out enumerated powers (grants implied powers)
Three Fifths Compromise
Each slave is equal to ⅗ when determining state population for representation in the house
Electoral College
# in house of reps = # of electorsE
Enumerated Powers
Not explicitly written but implied, necessary for carrying out implied powers, “necessary and proper” clause
Ex: borrow money, regulate commerce, establish post offices and postal roads
Implied Powers
Explicitly given to the federal government in the Constitution
Ex: used to create a U.S. bank, military draft, IRS, national minimum wage
Federalism
Sharing of power between state and national governments
Concurrent Powers
Shared by federal and state governments
Reserved Powers
kept by the state
Categorical Grants
Given to states as long as they comply with specific federal standards
Ex: used to incentivize states to integrate schools
Block Grants
Given to states for a broad purpose, states can spend the money as they see fit
Ex: Congress gives $$ for crime management, states decides HOW to do that (more police, invest in rehab, etc)
Mandates
When Congress gives an order but no money to fund it
Checks and Balances/Separation of Power
Legislative branch (Congress) proposes and makes laws
Executive branch executes and enforces laws
Executive branch can veto laws made in Congress
Judicial branch can rule on the constitutionality of the laws/actions
Bicameral
Two houses in the legislative branch
Impeach
Power given to the house, once a federal officer is impeached they can be tried and removed by the senate (though several presidents have been impeached, none have ever been removed from office)
Filibuster
Legislative tactic used in the Senate to delay or block a vote on a bill using prolonged debate
Cloture
If 60 senators vote for cloture it can counter a filibuster and end debate
Responsibilities of House
Introduce revenue bills
Impeach federal officers
Select president if no one wins the Electoral College
Determine tax police
Debate limited to 1 hour
Speaker of House determines who talks
Responsibilities of Senate
Advise and consent for presidential appointees
Try and REMOVE federal officers (after they have been impeached)
Approve treaties (with a ⅔ vote)
Filibuster
Unlimited time for debate
Incumbancy
Office holders seeking re-election to the same position
Apportionment
The process of distributing seats in a legislative body
Primarily based on the results of the census
Redistricting
State legislators redraw district lines based on population changes
Gerrymandering
State legislators redraw district lines using data about where people live and what party they vote for
Used to create districts that benefit one party
Racial gerrymandering redistricts with racial communities in mind -- typically trying to concentrate or dilute racial majorities in same or different districts (unconstitutional)
Partisan redistricting favors one party and is constitutional
Earmarks
Funding sent to a legislator’s home district (usually related to infrastructure or military)
Pork Barrel Spending
General patterns in discretionary funding that has a political motivation for individual members (something to specific to helping a legislature’s constituents)
Logrolling
Politicians “trade” each other’s support for one issue or piece of legislation (typically in the form of legislative votes)
Pork-barrel legislation and lorolling effect lawmaking in Congress by prompting legislatures to get legislation passed that will help their constituents
- Also encourages them to work with other lawmakers to get more votes
Mandatory Spending
Must be spent for certain programs based on laws that have been passed
Ex: Social Security or Medicaid
Discretionary Spending
Everything else (about 40% of the budget in 2019)
Revenue
Amount of money coming in to the government
Defecit
Difference between the money they brought in and the money that needs to be spent
Appropriation
Legal authority given by Congress to allocate federal funds for specific government programs
There are 12 annual appropriations bills that fund various departments/agencies such as health, education, and defense
Entitlement Programs
Government program that provides support to those who qualify
Ex: Social Security, Medicaid
Bully Pulpit
President’s ability to use their well known position to directly address the public and promote their agenda
Signing Statements
Written pronouncements issued by the president at the time of signing a bill into law
Outline the president’s interpretation of the law
Express concerns about certain provisions
Can reflect the increasing power of the president to shape legislation and policy
Spoils System
Practice in which a political party, after winning an election, rewards its supporters with govt jobs and other benefits
Patronage
Practice of providing govt jobs to individuals in exchange for their political support or loyalty
Merit System
Hiring/promoting govt employees based on their abilities or skills rather than political connections
Civil Service System
Body of govt employees who are hired based on merit
Designed to reduce political influence in govt operations
Hatch Act
govt employees are prohibited from engaging in political campaign activities
Iron Triangles
alliances of congressional committees, bureaucratic agencies and interest groups
Issue Network
Temporary coalitions that form to promote a common issue or agenda
Independent Executive Agencies
Governmental organizations that work outside the control of the executive branch
Designed to enforce laws/regulations in certain areas
Have a degree of autonomy that allows them to act with direct political influence, ensuring their decisions are made based on their expertise, not politics
Independent Regulatory Commission
Federal agencies created by Congress that are designed to regulate specific economic activities
Operate separately from executive branch, which allows them to work without political pressures
Goverment Corporations
Entities created by the govt to perform services that could be provided by private corporations
ex: Amtrak
Administrative Discretion
Authority granted to govt agencies to make decisions within the framework of existing laws/regulations
Administrative Adjunction
Process by which an administrative agency resolves disputes through formal hearings and decisions
Process allows agencies to enforce regulations without needing to go through the traditional court system
Congressional Checks
Power of the purse: reducing funding for programs
Congressional oversight (hearings)
Confirming or rejecting presidential appointees
Executive Checks
President can appoint and fire cabinet secretaries and other appointed officials
Can issue executive orders that shape actions of bureaucratic agencies
Judicial Checks
Chevron Doctrine provides a framework for judicial review of agency actions
Original Jurisdiction
Court’s power to hear a case for the first time before it is reviewed by a higher court
Appelate Jurisdiction
Authority of a higher court to review the decisions made by a lower court
Judicial Review
Power of the courts to review acts of other branches of govt and the states
Judicial Restraint
When judges stick closely to precedent and avoid unnecessary changes to the legal system
Judicial Activism
when judges make decisions based on their policy views rather than their honnest interpretation of the law
Judicial Implementation
How/whether judicial decisions are translated into public policies in a broader sense than just the parties involved in the case