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Name the 3 models of representative democracy
Participatory - broad citizen participation in politics and civil society
Pluralistic - group-based activism by nongovernmental interests striving for impact in political decision making, interest groups challenge each other, groups are more effective than emails/phone calls
Elite - limited citizen participation in politics and civil society, ruled by identifiable groups who possess a disproportionate share of political influence and power
What are majoritarian politics?
A system of policy making where the government must make decisions to benefit the majority of the population
John Locke and The Declaration of Independence
Major influence on American beliefs about government, idea of natural rights
Articles of Confederation and its failures
Favored a weak central government, states were an alliance and governed themselves
Failures include the inability to impose taxes; tariffs; regulate commerce; raise an army, there was no judicial system, each state had one vote (unequal representation) and the Articles couldn’t change without a unanimous vote
What were the Federalist arguments
The Articles were too weak to control faction, there would be more uprisings under small governments, checks and balances would ensure government does not become corrupt
What were the Anti-Federalist arguments?
States would be stripped of their power, government would tax citizens too much, the Necessary and Proper clause would lead to unfair laws being made, small governments represent the people better, a large government would threaten citizens with violence
What were the major plans of the Constitutional Convention?
The 2 major plans were the Virginia Plan and the New Jersey Plan:
The VA Plan called for a bicameral legislature, representation based on population, and a strong central government
The NJ Plan favored a unicameral legislature, equal representation without regard to size/population, and power stays within state governments
What were the compromises of the Constitutional Convention?
The Great Compromise - bicameral legislature, equal and population based representative
The Three-Fifths Compromise - counted every five slaves as 3 people for legislative representation
Slave Trade Clause - prevented international slave trade for 20 years
The Bill of Rights - 1st 10 amendments listing liberties and rights of citizens
Popular sovereignty
The democratic idea that political power comes from the consent of the people
Separation of powers
Divides the governments power into 3 distinct branches: judicial, legislative, executive
Checks and balances
Gives each branch of government the powers to block, slow, or limit the actions of other branches
Majority rule/minority right
a balancing act which public decisions follow a larger, majority group, but fundamental freedoms protect everyone from oppression
Federalism
A system of government where a constitution divides/shares power between a central/national government and regional (state) governments
Judicial Review
The power of federal courts to declare legislative laws, executive actions, and state actions unconstitutional
The amendment process
A two-step process for making written changes to the constitution: an amendment must be proposed and then ratified
The Bill of Rights: Purpose and how does it protect individuals?
Outlines and protects individual civil liberties, persuaded the Anti-Federalists to ratify the constitution
How are powers organized in federalism?
Powers are shared between the national government and state governments: enumerated, concurrent, reserved, implied/denied
10th Amendment
States that any powers not delegated to the federal government or prohibited to the states, are reserved for the states
14th Amendment
Anyone born in the US is a citizen and has the right to equal and fair protection under the law
Dual Federalism vs Cooperative Federalism
Dual - every government has its own sphere of influence and have little interaction with each other, protects the liberty of states
Cooperative - intertwining powers, the national government cannot promote policies for all citizens, the states have access to federal tax revenue, states can focus on localized issues and solutions
Categorical Grant
Passed as part of law by Congress, has a narrowly defined purpose
Block Grant
States apply to get them, Congress provides the money and states use it for broadly defined purposes (healthcare, public transit, education)
Revenue Sharing
Based on state populations and Congress gives states a percentage of the total tax revenue
McCulloch vs Maryland
Maryland opposed a national bank in its borders, attempted to tax the national bank, the cashier McCulloch refused to pay the tax, courts ruled that Congress can put a bank is Maryland and that Maryland cannot tax that bank
What clauses are relevant to McCulloch vs Maryland and Why?
The Necessary and Proper Clause - a national bank is necessary and proper to safely circulate money into the economy
The Supremacy Clause - Banks are a creation of Congress and Federal property is un-taxable. Federal laws are superior to state laws
U.S. vs Lopez
A Texas high school student brought a firearm to his school, he was arrested for violating the Gun-Free School Zone Act, the courts ruled 5-4 that Congress cannot use the Commerce Clause to regulate the areas that firearms are brought into
What are the relevant clauses in U.S. vs Lopez?
The Commerce Clause - It is not in Congress’ power to regulate where firearms are carried
Nullification
If a state thinks a law is unconstitutional, the are allowed to ignore it within its borders
Devolution
Powers from the central government are delegated to the smaller subnational units
Orders of Devolution
1st Order - Federal programs are replaced by state programs
2nd Order - State programs are replaced by local autonomy
3rd Order - Governments stop providing a service, privalization may replace it
The Elastic Clause
AKA The Necessary and Proper Clause, gives Congress the power to make any law it deems necessary to carry out its constitutional duties
The Commerce Clause
Gives Congress the power to regulate commerce with foreign nations and states
The powers of the states vs powers of the federal government
Reserved - govern marriage laws, maintain state militias, determine qualifications of voters, regulate intrastate commerce, conduct elections, set up traffic standards
Enumerated - declare war, print & coin money, admit new states, set up rules for immigration, regulate interstate and foreign commerce, set up a post office
Concurrent - provide for public safety, punish lawbreakers, levy/collect taxes, protect the rights of citizens, protect public health