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autocracy/monocracy
One person rules.
gives most power to people.
democracy
federalist 51
argues for Separation of powers & checks & balances protects against tyranny
who created federalist 51
James madison
How does the government maintain in practice the necessary partition among the several Departments? For what reason?
By ensuring there is a means of keeping each department in their proper place, meaning there should be a separation of powers between each department so that one doesn't take all the power and limit the power of the others.
What two protections will ensure the preservation of liberty?
What is one exception to this rule? Why is this exception necessary?
Does this exception render the judiciary permanently dependent upon the other departments?
The two protections are the separation of powers with a system of checks and balances, and federalism which divides the powers between a national and state government. The exception to this, according to the framers, arises from human nature itself and how those in power can control the government. No, the permanent tenure of the judiciary removes this dependency
What is the "great security" against the gradual concentration of the several powers in the same department?
Giving to those who administer each separate department the necessary constitutional means and personal motives to resist encroachments by the other departments.
Since it is impossible to give each department "equal power," which department should predominate? Why? And what is the remedy for any "inconveniency" this may create?
The Legislative department should ___ because of its foundational functions and the common dependency society has on all these needs. The remedy is to divide the legislative department into different branches (House and Senate) with completely separate ways of election and powers.
The weakness of the executive necessitates what? How is this accomplished?
The weakness of the executive requires the fortification against the legislative branch, and this is accomplished through checks and balances (Veto power).
Single Republic
all the power surrendered by the people is submitted to the administration of a single government and guarded by separate and distinct departments. (france)
compound republic
all the power surrendered by the people is first submitted to different governments (national and state), which will control each other, and at the same time, each level of government will be separated into different departments.
How can a republic guard one part of the society against the injustice of the other part? Why is the size of the republic important in this regard?
A republic can guard against injustices by creating a will in the community independent of the majority and the structures of the government, with separation of powers and check and balances of the departments. The size of the republic matters because a large republic contains a great many different interests and parties and guards against a large majority.
What is a grant in aid?
is a sum of money given by a central government to a local government, organization, or individual for a specific public purpose, such as a project or initiative. This financial subsidy does not need to be repaid, but it often comes with conditions and restrictions on how the funds can be used to ensure they align with the grantor's goals and priorities.
Block grants are designed to
Give the states considerable discretion in how the money should be spent. (more freedom to it)
categorical grant
Funds provided for a specific and clearly defined purpose.
Interstate Commerce
the exchange of goods, services, or money that travels across state lines or involves more than one state
How can Congress regulate interstate commerce
The Commerce Clause of the U.S. Constitution (Article I, Section 8, Clause 3). This power allows Congress to regulate three general categories of activities: the channels of interstate commerce, instrumentalities (persons or things) in interstate commerce, and activities that substantially affect interstate commerce.
Gibbons v. Ogden (1824)
The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers. (more national power)
United States vs. Lopez
the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones. (less national power)
How does congress get states change their law?
them by passing federal laws that pre-empt (override) state laws or by offering states incentives to change their own laws through federal funding
Why is gov necessary?
to establish and maintain order, provide for the common good by supplying public services like infrastructure and education, protect citizens from internal and external threats, and regulate the economy to ensure stability and opportunities for a better quality of life for all people in a society
Hobbs' opinion on power
give power of government to 1 person, common rule over people, another words given sovereignty
Locke's purposes of government
to prevent archy
How were the British colonies in America governed prior in the 1760s
strict/money hungry
How does a federal system differ from a confederation?
In a federal system, states share the power withthe federal government but still have some individual power
What are the arguments for and against a federal system?
For-promotes democracy and protect individual liberties
Against- economic different in states, can lead to inequality in states
How have these grants become "weapons" in the federalism debate? Some scholars talk about a "devolution revolution," a shift in power and responsibility from the national to the state governments.
Federal grants have become "weapons" in the federalism debate as a tool for the executive branch to coerce states into adopting its policy preferences by threatening to withhold or terminate critical funding
How is power distributed in the federal system?
between national and state government, among the 3 brances