Locke's Political Philosophy: Sovereignty, Government Purpose, and Property Rights

hobbs opinion on the government

Give the power of government to 1 person, common rule over people, another words given sovereignty

What is one of the government's purposes according to Locke

to prevent anarchy

For the government to be effective

The government must have full power

What should the government protect according to Locke?

(life, liberty, estate (all consider properties)

4 parts of fiduciary

truster, trust, trustee, beneficiary

Locke's statement on the government's power wise

The government has some power.

Hobbs's statement on the government's power wise

The government has all the power

What did Locke say about a government that's not serving people's interests?

People have a right to change or even overthrow a government that is not serving their interests.

The 2nd paragraph of Revolution is based on which philosopher's saying?

Locke

The three purposes of government

1. Prevent war/anarchy, 2. Protect property, 3. Provide public good

Democracy-

people rule

2 types of democracy

Direct democracy/Indirect democracy

Direct democracy

The people directly rule (example: frats (no designated leader)

Indirect Democracy (Republic)

pick people who make choices for people (USA)

constitutional republic

a system of government where citizens elect representatives to make decisions on their behalf, but these representatives and the government itself are bound by a constitution, which serves as the supreme law of the land. (USA)

Two types of politicalism are

conservatism/liberalism

French indian war

Britain gained vast territories in North America from France, making Britain weak from years of war

The Treaty of Paris (1763)

France lost its North American territories to america

Boston Massacre

A small protest over taxation without representation turned out to be a small killing, resulting in the deaths of five colonists.

July 4th, 1776

The Declaration of Independence was adopted

League of Friendship-

worked together purposed to the Articles of Confederation

Defining article of the conference

State independence is served by freedom

Articles of Confederation

created a weak central government and intentionally kept most of the power within the individual states.

Defining trait of the Articles of Confederation

state independence/soverighty/freedom

The central government under the Articles of Confederation could only

make war, deal with an indian tribe, coin money

The Virginia Plan was made by

James Madison

who presented the virgina plan

Randolph

What was the Virginia Plan?

Called for a bicameral legislative system, where the lower chamber seats were based on population. Upper chamber members are appointed by the lower chamber. Executives are selected by the legislative, and the legislative selects federal judges.

New Jersey plan

unicameralism Every state gets the same number of seats.

who created the great compramise

Roger Sherman

Was the Constitution of 1787 democratic

no

3/5 Compromise

-each slave would count for 3/5 of a person for taxation and representation purposes

Salve Trade Compromise

Prohibited Congress from making any law concerning the importation of slaves for 20 years.

What does the constitution aim to fix about the article of the conference?

By addressing the most critical weaknesses of AOC

The chief weakness in Articles of Confederation

powers rested heavily in the states, not much power in the central government

princples of U.S constution

separation of powers, checks and balances, individual rights

bill of rights

The first 10 amendments to the Constitution protect civil liberties

separation of powers

division of powers between the three branches

Article 7 of the Constitution

Ratifying the Constitution

Federalism

support ratifying

two parts of leglastive that was broken into

House and Senate

What powers does the national government have?

17 powers, some of which are the power to collect taxes, establish a currency, the power to start war, etc., and also have implied powers

How does the government maintain in pratice the necessary partion among the several depteratments?

separation of powers

What were the Federalist Papers? Who wrote them, and why were they written?

The Federalist Papers were 85 articles in NY newspapers supporting ratification of cons.

Who wrote federalist papers?

James Madison, Alexander Hamilton, and John Jay.

Why were the Federalist Papers written?

They wanted to dispel fears of an oppressive national authority

Great Compromise (1787)

was an agreement between large and small states reached during the Constitutional Convention of 1787. It improved the article of the conference. It provided the framework for constitution

Under the Articles of Confederation, where was most political power allocated

individual states

What were the major weaknesses associated with the Articles of Confederation?

no executive branch, amendments made to article required unanimous votes from all 13 states, couldn't enforce congress will

Democracy

a system of rule that permits citizens to play a significant part in government, usually through the selection of key public officials (people rule)

federal system

The national government and states derive authority from the people

unitary system

Local and regional governments derive authority from the national government.

Federalism

The national government derives authority from the states.

What is the relevance of the Necessary and Proper Clause and the tenth amendment to federalism

unitary system existed in which country

British

confederal system

Under the Articles of Confederation, the U.S was under this system 1789

federalist opinion on the government

wanted more gov power

anti-federalist opinion on the government

wanted the states to have more power

Article 1 Section 8

lay and collect taxes, borrow money, declare war, regulate commerce, establish post offices and roads, coin money, etc

constitutional power

A power vested in the president by Article II of the Constitution.

enumerated powers (expressed powers)

Powers of the federal government most of these powers are listed in Article 1 section 8 of the united states constitution

implied powers

Powers are inferred from the express powers that allow Congress to carry out its functions. (ex: creation of air force)

supremacy clause

The Constitution and federal laws hold more power than state laws. This means that if there is a conflict between federal and state laws, federal law will win out.

expressed powers

powers directly stated in the Constitution

Who has expressed powers?

State

Necessary and Proper Clause

Constitutional clause that gives Congress the power to make all laws "necessary and proper" for executing its powers

Tenth Amendment

if the U.S. Constitution doesn't give a power to the federal government, or prevent the states from having it, then that power is reserved for the states or the people

conflict between the necessary proper clause and the 10th Amendment

over the balance of power between the federal government and the states

concured powers

authorities shared by both federal and state governments in the U.S. federal system, allowing them to exercise control over the same issues simultaneously. Examples include the power to tax, create courts, build roads, and establish laws.

Interstate Relations

No state is allowed to form a compact with another state or with a foreign power without the consent of Congress.

Why did Marylabd sue McCoulgh?

In an effort to collect the taxes, McCoulgh didn't pay

Maryland's argument in Case

argued that the U.S. Constitution does not grant Congress the power to create a national bank and, therefore, that states had the authority to tax the branches of the bank within their borders.

McCulloch argument

significantly expanded federal power by establishing that Congress has implied powers beyond those explicitly listed in the Constitution and that states cannot tax federal entities, thus affirming federal supremacy

McCulloch v. maryland significance

significantly expanded federal power by establishing that Congress has implied powers beyond those explicitly listed in the Constitution and that states cannot tax federal entities, thus affirming federal supremacy

5 reasons the national government expands

1. Necessary and proper clause

2. National supremacy clause

3. interstate commerce

4. spending power

5. regulatory power through agencies like EPA and IRS

Supremacy Clause/National supremacy clause

Article VI of the Constitution states that federal laws take precedence over any conflicting state laws and that state courts are bound by them. It ensures federal law is supreme and clarifies the resolution of conflicts between national and state laws, a crucial element in the balance of power within the American federal system.

interstate commerce

the exchange or movement of products, services, communication, or transportation across state lines or between different countries

Oligarchy

a small group of people having control of a country, organization, or institution. (few govern)

Commerce Clause (Article 1, Section 8)

grants Congress the power to regulate business and trade among the states and with foreign nations

Totalitarianism

A form of government in which the ruler is an absolute dictator (not restricted by a constitution or laws or opposition etc.) (all power)

constitutional republic

a democratic system with elected representatives in which the Constitution is the supreme law (USA)

who goverance?

1, some or many

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 predominate 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.

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)