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General Will
Majority rule, will of the people
Natural Rights
Rights people are born with; property, liberty, and life
Magna Carta
Charter of rights granted by King agreement between ruler and people; Big influence for Constitution
Social Contract
Agreement between ruler and people, think Magna Carta
Declaration of Independence
Breakup Letter from GB, defines 3 unalienable rights → life, liberty, and the pursuit of happiness. Attempt at equality
Declaration of Independence: 5 principles
All men are created equal
Men have unalienable rights
Role of Government is to secure those unalienable rights
Government gets its power through the consent of the governed
If government does not fulfill it’s role, people have the right to revolt
Articles of Confederation: Setup
One branch of government: Congress; responsible for making national laws
Each state had one (1) vote in congress
No Executive Branch (President)
No Judicial Branch
Articles of Confederation: Weaknesses
1) Congress powerless to lay and collect taxes
2) Congress powerless to regulate foreign and interstate trade
3) No Executive Branch to enforce acts of Congress
4) No National court system to settle disputes
5) One vote for each state, regardless of size
6) Congress could rarely pass laws
7) No common currency
8)* Amendments were only added to the articles with the consent of all states
Shay’s Rebellion
Showed the weaknesses of the AOC, fight broke out and had no organized militia
The Articles of Confederation
Decentralized Power
Supremacy Clause | Article 6
Makes Federal Law Supreme to State law
Constitutional Convention
Came about after the failure of the AoC, included compromises such as Great Compromise, 3/5 Compromise, Slave Trade Compromise, Electoral College Compromise…
Separation of Power
Division of governmental power among several institutions that must cooperate in decision making, example; judicial, executive, and legislative
Checks and Balances
mechanisms through which each branch of government is able to participate in and influence the activities of other branches; examples: presidential veto power, senate’s power to approve presidential appointments
Federalists beliefs
Opposed → AoC
Approved → Constitution
Unnecessary → Bill of Rights
Indirect → Elections
Infrequent → Elections
Federal → Government power
Proportional → Representation
VA Plan → Gov Plan
Not trust → General Public
Antifederalists beliefs
Approved → AoC
Opposed → Constitution
Necessary → Bill of Rights
Direct → Elections
Frequent → Elections
State → Government power
Equal → Representation
NJ Plan → NJ Plan
Trust → General Public
Articles of Confederation
First system of government; Consisted of preamble and 13 articles; Created “a league of friendship and perpetual union”
Constitution
Created a congress with two chambers, House of Representatives and Senate. Defined separation of powers
NJ Plan
a framework for the Constitution that called for equal state representation in the national legislature regardless of population
VA Plan
A framework for the Constitution that called for representation in the national legislature based on population of each state
Great Compromise
Question: How do we represent the states in congress?
Equal or proportional?
Bicameral congress
Two parts:
Senate: equality (2) → anti
House of reps: proportional → fed
3/5 Compromise
Question: Should enslaved people count towards population?
South (more population)
North (don’t wanna reward slavery)
3 out of every 5 enslaved people would be counted as a person (anti). Slaves were taxed (Federalist).
Bill of Rights Compromise
Question: Do we need a Bill of Rights?
Antifederalists: Bill of Rights necessary to protect people from power of national government
Federalists: Constitution is ultimate protection for the people
Bill of Rights after constitution, but Federalists got support to ratify the constitution (9 out of 13 ratified)
Presidential Term Compromise
Question:
How long should the presidential term be?
Federalists: longer elections
Anti-Federalists: shorter elections
4 / 7 / 11 / L
Antifederalists: 4 year term
Federalists: unlimited reelection
Electoral College Compromise
How do we vote for a president?
Direct or indirect?
Popular vote vs. congress
Federalists: congress
Antifederalists: popular vote
Electoral college (indirect)
People elect electoral college (direct)
The Preamble
Why do we need the Constitution?
Establish justice
Insure domestic tranquility
Provide for the common defense
Promote general welfare
Secure blessings of liberty
7 Articles of Constitution
1) Branch of gov: Legislative
2) Branch of gov: Executive
3) Branch of gov: Judicial
4) Relationships between states, new states
5) Amendments, 2/3 of congress needed to amend constitution
6) Laws and treaties of the United States
7) RATIFICATION OF CONSTITUTION
Amend Process/ Art 5
Need 2/3 of congress to amend constitution
Cannot have < 2 and > 7 state representatives
Congress has 1 vote from each state
Full Faith and Credit
Every state must respect public acts, records, and judicial proceedings of every other state
Federalism
A system of government in which the same territory is controlled by two levels of government (federal and local/state)
Enumerated Powers
Powers granted to the Federal government
ex. regulating immigration and naturalization, coin money and regulate currency, establish post offices
Reserved Powers
State powers
ex. Running elections, Marriage, schools
Concurrent Powers
Both federal and state powers
ex. Taxing, banks, and laws
Cooperative Federalism
flexible relationship between federal and state governments, they work together on decision making
Dual Federalism
Where the federal and state governments have separate, distinctive, spheres of authority rarely subordinating each other
Unfunded Mandates
A regulation or policy imposed by one level of government on another without providing the necessary funding to cover the costs
McCulloh v Maryland
Issue: Can federal gov create a national bank? Can states tax federal gov?
Outcome: Court has power (art 1)
Necessary and Proper Clause
U.S. v Lopez
*told not to do but including it because I’m going down the list
Obergfell v Hodges
Issue: Do states have to recognize same-sex marriage?
Outcome: Fundamental right to marry guaranteed to same-sex couples (14th Amendment band discrimination)
10th Amendment
When power is not given to the federal government, it goes to the states
republicanism
Rule by representatives, representatives make decisions
Hobbes (Ideas)
Monarchy
Man is evil
Protection, Order, Safety
Locke
Equality
Secure man’s property, liberty, and life
Gov job to do that
Republic
Rousseau
Direct Democracy
Majority Rule
General will
People make a nation
Necessary and Proper Clause
Grants Congress the right to make any laws that are deemed “necessary and proper” for carrying out its enumerated powers
Decentralized Power
Government is dispersed throughout many people and decisions are not up to one branch/person, it is separated.
6 Big Ideas of Constitution
1) Popular Sovereignty
Government by the consent of the governed (PEOPLE)
2) Limited Government
Government not all powerful, only does what the people empower it to do (CONSTITUTION)
3) Separation of Powers
Distribution of power among legislative, executive, and judicial branches
4) Checks and Balances
Each branch is subject to a number of constitutional checks by other branches
5) Republicanism
The type of government led by representatives who make the decisions
6) Federalism
The division of power among a central (federal) government and several regional (state/local) governments