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Representation in Congress
Debate: Large states wanted representation by population (Virginia Plan); small states wanted equal representation (New Jersey Plan).
Resolution: Great Compromise (Connecticut Compromise) → Bicameral legislature:
House of Representatives: by population
Senate: equal representation (2 per state).
Slavery
Debate: Southern states wanted enslaved people counted for representation but not taxation; Northern states disagreed.
Resolution: Three-Fifths Compromise → Each enslaved person counted as 3/5 for taxation + representation. Also, Congress couldn't ban slave trade until 1808.
Executive Power
Debate: How strong should the president be? How chosen?
Resolution: Single president with checks (Congress can impeach, Senate confirms appointments). Electoral College created as compromise between direct election and Congress choosing.
Federal vs. State Power
Debate: Should the central government or states hold more authority?
Resolution: Federalism → Shared powers, with Supremacy Clause making federal law supreme when in conflict.
Bill of Rights (later debate during ratification)
Debate: Federalists argued not needed; Anti-Federalists insisted to protect liberties.
Resolution: Added Bill of Rights (first 10 amendments) shortly after ratification.
Democracy
System where people hold ultimate power, either directly or through elected officials.
Representative Democracy (Republic)
People elect representatives to make laws/policies on their behalf. Prevents mob rule but ensures accountability.
Direct Democracy
Citizens vote directly on laws (ex: ballot initiatives, referendums).
Authoritarian Government
Power concentrated in a leader or small group; little citizen input, limited freedoms.
Collective Action Problems
occur when individual self-interest conflicts with the group's overall well-being, leading to suboptimal outcomes despite a shared goal
Liberty
Freedom from government control; protection of personal autonomy.
Individualism
Self-reliance, personal responsibility.
Equality
Equal legal and political rights.
Self-Government
Authority derives from the people.
Social Contract Theory
People give government authority in exchange for protection of rights (Locke, Hobbes, Rousseau).
Natural (Unalienable) Rights
Rights inherent to all people (life, liberty, pursuit of happiness). Cannot be taken away legitimately.
Articles of Confederation
First U.S. constitution. Weak central gov't, no power to tax, no executive/judiciary, hard to amend.
Shays' Rebellion (1786-87)
Massachusetts farmers rebelled over debts/taxes. Revealed weakness of Articles → push for stronger central gov't.
Constitutional Convention (1787)
Wrote new U.S. Constitution.
Enumerated Powers
Specifically listed powers in Constitution (ex: taxation, commerce regulation).
Implied Powers
Not listed, but necessary to carry out enumerated powers (Elastic Clause).
Checks and Balances
Each branch limits others (ex: veto, impeachment, judicial review).
Separation of Powers
Legislative, executive, judicial branches have distinct responsibilities.
Supremacy Clause
Federal law > state law when in conflict.
Judicial Review
Courts can strike down unconstitutional laws (Marbury v. Madison, 1803).
Federalism
Shared power between national and state governments.
Dual Federalism ("Layer Cake")
Distinct, separate powers for national vs. state gov't.
Cooperative Federalism ("Marble Cake")
Shared, overlapping responsibilities; collaboration.
Devolution
Shifting power from federal to state governments (ex: welfare reform in 1990s).
Categorical Grants
Federal $ for specific purposes, strict rules (ex: highway funds with drinking age requirement).
Block Grants
Federal $ with fewer restrictions, more state flexibility.
Policy Diffusion
States try policies that may spread to others.
Laboratories of Democracy
States test new ideas/policies before national adoption.
Bill of Rights
First 10 amendments; protect individuals from government power.
Selective Incorporation
Supreme Court applies Bill of Rights to states gradually via 14th Amendment.
Establishment Clause
Government cannot establish official religion.
Free Exercise Clause
People free to practice religion.
Lemon Test
Law is constitutional if: 1. Secular purpose, 2. Neither advances/inhibits religion, 3. No excessive entanglement with religion.
Kennedy v. Bremerton
Football coach praying at games protected under free exercise.
Citizens United v. FEC
Corporations/unions can spend unlimited $ on independent political ads (free speech).
Roe v. Wade
Recognized constitutional right to abortion (privacy).
Dobbs v. Jackson
Overturned Roe, abortion rights left to states.
Restrictions on First Amendment Rights
Speech can be limited if incites violence, threats, obscenity, etc.
Due Process
Fair legal procedures (5th & 14th Amendments).
Tension: Individual Freedom vs. Government Order
Balancing liberty with safety/security.
Civil Rights
Legal protections against discrimination; ensure equal treatment.
Social Movements
Groups pushing for rights (civil rights movement, women's rights, LGBTQ+).
Dred Scott v. Sandford
Enslaved people not citizens; increased tensions.
Reconstruction
13th (abolished slavery), 14th (equal protection), 15th (voting rights for Black men).
Jim Crow Laws
Segregation, disenfranchisement in the South.
Brown v. Board of Education
Struck down segregation in schools.
Civil Rights Act (1964)
Outlawed discrimination in public places, employment.
Voting Rights Act (1965)
Banned literacy tests, protected voting rights.
Shelby County v. Holder
Struck down parts of VRA, allowed states more freedom in voting laws.
Obergefell v. Hodges
Legalized same-sex marriage nationwide.
Civil Disobedience
Peaceful refusal to obey unjust laws (ex: MLK's Letter from Birmingham Jail).
Federalist #10
Factions are dangerous but inevitable; large republic best controls them.
Federalist #51
Separation of powers and checks & balances protect liberty.
Federalist #68
Justification of the Electoral College; prevents corruption and mob rule.