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The Enlightenment
a movement in the 1700s that emphasized science and reason as guides to help see the world more clearly
natural rights
rights people posses by natural law apart from government
popular sovereignty
by nature, the power to govern is in the hands of the people
social contract
to protect natural rights, people give away some of the power from popular sovereignty to a government
republicanism
people elect leaders to represent them and create laws in public interest
limited government
a government that is prevented from tyranny through a system of checks and balances and the distribution of power among several acting members
participatory democracy
emphasizes broad participation in the political process by most, if not all, members of a society
pluralist democracy
groups of people associate with interest groups who then compete to influence policy
elite democracy
emphasizes more limited participation in policymaking on the assumption that government is complicated and therefore the most educated people need to run in
3 types of democracy
participatory, pluralist, elite
Brutus 1
championed a broad, participatory model. feared the curtailment of personal liberties reflected in a larger republic like the US.
Federalist 10
argued that with so many competing factions in a large republic, liberty would be upheld by their competition (pluralist). discussed mischief of factions and because there are so many factions, none can win.
Conflict of Brutus 1 and Federalist 10
majority rule vs minority rights, different types of democracy
problems with the Articles of Confederations (4)
1. only one branch of the federal government (Congress)
2. no president and no federal court
3. Congress had no power to raise money through taxes
4. Congress had no power to raise an army
Shay's Rebellion
no army could stop Massachusetts rebellion over not getting paid by Congress as veterans - weakness of AOCs
Constitutional Convention
1787, goal was to modify AOCs but instead drafted Constitution made by the Grand Committee
The Great Compromise
how the people should be represented in Congress. Virginia Plan (population) vs New Jersey Plan (1 per state). resulted in bicameral system!
The Electoral College Compromise
each state is given the # of electors that corresponds to # of congressional representatives in the House, but state legislatures have all the power to decide who those people are
The Three-Fifths Compromise
three-fifths of the enslaved population would count towards representation
Slave Trade Compromise
Congress could not regulate or outlaw slavery or slave trade until 1808
4 main compromises in the Constitution
1. Great Compromise
2. Electoral College
3. 3/5ths Compromise
4. Slave Trade Compromise
Article V
2 stage process to amend Constitution (proposal and ratification)
Steps of Article V
1. proposed by Congress or states at special convention
2. 2/3rds vote is needed of ^ to become official
3. 3/4ths of state legislatures or state ratifying conventions need to agree
Congress/legislative branch
proposes and makes laws -- checks on executive by advise and consent
Senate's advice and consent
any appointment by president has to be approved by the senate
executive branch
executes and enforces the law -- checks by veto on Congress
vetos
president can veto a law passed by Congress (but Congress can overturn this with a 2/3 vote)
judicial branch
determines constitutionality of laws -- checks by judicial review
judicial review
the power of the courts to declare laws unconstitutional
federalism
the sharing of power between national and state governments
exclusive powers
powers specifically delegated by the Constitution to the federal government (ex. Congress making treaties)
reserved powers
kept by the states -- if not exclusively stated for the federal government, it's reserved, per the 10th Amendment (police, hospitals, education)
concurrent powers
shared by both federal and state governments (income tax)
categorical grants
given to states as long as the states comply with specific federal standards
block grants
given to states for a relatively broad purpose and the states can spend that money as they see fit
fiscal federalism
grants and mandates
USA Patriot Act
post 9/11, gave government more surveillance power but opposed by citizens (state vs. federal fight)
No Child Left Behind Act
to recieve federal funding, schools must meet criteria or face sanctions (federal overreach?)(state vs. federal fight)
10th Amendment
lays down basis for reserved powers
14th Amendment
applies Bill of Rights to state governments as well
Commerce Clause
allows Congress to regulate commerce among states
Necessary and Proper Clause/Elastic Clause
government can make laws that are necessary to uphold exclusive powers
McCulloch v. Maryland
ruled that N&P Clause implied certain powers given to the federal government even if they aren't explicit. also ruled that the Supremacy Clause meant that where the 2 conflicted, federal law trumps state law
Supremacy Clause
federal law trumps state law if they conflict
United States v. Lopez
Congress used the Commerce Clause to ban guns on school property, but Supreme Court ruled that this is an overstepping of the federal government via the Commerce Clause
how do environmental regulations show federalism?
Obama entered US into Paris Agreement but Trump took them out. despite this, some states still kept the Paris Agreement terms
how does the legalization of marijuana show federalism?
federal law banned it, but California legalized medical marijuana by means of a state-wide vote. when Colorado allowed it recreationally, Obama basically said the federal government isn't going to persecute people and spend resources on it
coalitions
in both houses, the durability of the working relationships are affected by term length differences
enumerated powers
powers to Congress explicitly listed in Article I Section 8. include federal funding, foreign policy, military legislation
Congress funding enumerated powers
raise revenue through taxation, coin money, pass a federal budget
Congress foreign policy/military legislation enumerated powers
power to declare war and raise armies, pass draft laws, and direct funding to the armed forces
implied powers
Congress can pass any law that is required by the enumerated powers, as per the Necessary and Proper Clause
Speaker of the House
leader chosen by the House members, member of the majority party
majority and minority leaders
direct debates in the House, guide their party members in policy making issues
whips
in the House and Senate, render party discipline and make sure party members walk in line with party goals
President of the Senate
Vice President of the US. non-voting unless there is a tie
President Pro Tempore
most senior member of the majority party in the Senate. can act as president when vice president is not there
Senate Majority Leader
sets the legislative agenda
standing committees
committees that endure for a long time
joint committees
committees that have members from both the House and the Senate
select committees
temporary and created for a specific purpose
conference committees
formed to reconcile differences in legislation
House Rules Committee
decides which bills make it to the floor for debate
discharge petition
used to force a bill out of a committee for debate and voting via majority vote
filibuster
Senate, an attempt to stall or kill a bill by talking for a very long time
cloture rule
a 3/5ths vote that ends a filibuster
how a bill is passed
1. bill is introduced (house or senate)
2. bill is assigned to committee and is debated
3. vote
4. heads to President's desk to be signed
factors that slow down legislative action
ideological divisions (political polarization), differing ideas about their duties (trustee, delegate, politica
Baker v. Carr
Tennessee had not redistricted in 60 years. resulted in Supreme Court ruling that districting must be drawn in order to evenly distribute voting power (one person, one vote)
Shawn v. Reno
racial gerrymandering to make majority Black districts. SC ruled unconstitutional
formal powers
powers of the president listed in Article 2 (veto)
informal powers
powers not laid out in the Constitution but used to carry out presidential duties (bargaining & persuasion, executive order, signing statement)
Federalist 70
Hamilton argues that a single executive can act decisively and can be checked by other branches, and corruption is easier detected in a single executive
bully pulpit
the president's use of his prestige and visibility to guide or enthuse the American public (State of the Union)
3 levels of courts
US District Courts (94, original jurisdiction) -> US Circuit Court of Appeals (12, appellate jurisdiction) -> Supreme Court (both original and appellate jurisdiction)
Federalist 78
Hamilton argued that the independence of the judicial branch acted as a protection for its power. this is seen through lifetime appointment and the right of judicial review
Marbury v. Madison
1803 Supreme Court case that established the principle of judicial review
stare decisis
let the decision stand; decisions are based on precedents from previous cases
judicial activism
the Court acts to establish policy and considers more than just the constitutionality of a decision, it considers the decision's broader effects on society.
Brown v. Board of Education
1954 Supreme Court decision that declared state laws segregating schools to be unconstitutional. Overturned Plessy v. Ferguson (1896)
Plessy v. Ferguson
Supreme Court ruled that segregation was not discriminatory provide that blacks received accommodations equal to those of whites (separate but equal)
judicial constraint
a law should only be struck down if it violates the actual written word of the Constitution
Dred Scott v. Sanford
Supreme Court case that ruled that slaves were property and thus could not sue (allowing slavery to essentially be legal)
structure of the bureaucracy
Cabinet Secretaries (leaders of the 15 executive departments) -> Agencies (work together to accomplish department goals) -> Commissions (regulatory groups that fall under executive authority but somewhat independent and is run by board of individuals) -> Government Corporations (hybrid of a business and a government agency)
delegated discretionary authority
the authority given to the bureaucracy by Congress on how to make rules and carry out the law
compliance monitoring
the bureaucratic agencies establish rules and makes sure the industries are following those rules
iron triangle
a close relationship between bureaucratic agencies, congressional committees, and interest groups
Department of Homeland Security
protests the US from terrorism and maintains and controls the nation's borders
Department of Transportation
manages all kinds of transportation like highway and air travel
Department of Veteran's Affairs
manages Veteran's Hospitals and the general welfare of America's veterans
Department of Education
oversees states and their implementation of federal education standards
Environmental Protection Agency
works to protect the environment and human health through industrial regulations
Federal Elections Commission
administers and enforces campaign finance laws
Securities and Exchange Commission
regulates the stock market and prevents fraud
power of the purse
Constitutional power given to Congress to raise and spend money, provides checks on other branches and the bureaucracy
Bill of Rights
First 10 amendments added to appease the Anti-Federalists to protect civil liberties, initially just from the federal government
1st Amendment
freedom of religion, speech, press, assembly, and petition
2nd Amendment
right to bear arms
3rd Amendment
no quartering of troops
4th Amendment
freedom from unreasonable searches and seizures