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Units 1-5, SCOTUS cases (Facts, arguments for each side, decision, and implications), and required documents
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Limited Government
A government’s power cannot be absolute
The Enlightenment
A philosophical movement emphasizing reason, individualism, and skepticism of authority, greatly influencing democratic ideas.
Natural rights (unalienable rights)
All people have certain rights that cannot be taken away
Ideas of Thomas Hobbes about democracy
-Right to life, liberty, and property
-There is a theoretical state of nature that comes before government where humans are free
-The state of nature before government is violent and chaotic
Ideas of John Locke about democracy
-There is a state of nature before government (doesn’t claim it’s chaotic)
Popular sovereignty
All government power comes from the consent of its people
Social contract
An implicit agreement among the people in a society to give up some freedoms to maintain social order
Ideas of Jean-Jacques Rousseau about democracy
-Social contract
-If government becomes tyrannical, the public should overthrow it
Ideas of the Baron de Montesquieu about democracy
-Republicanism
-People elect leaders to represent them
-Power should be separated between executive, legislative, and judicial branches to prevent tyranny
Incorporation of Enlightenment ideas into the Declaration of Independence
-”Life, liberty, and the pursuit of happiness” (natural rights)
-”Governments are instituted among men” (social contract)
-”The consent of the governed” (popular sovereignty)
What ensures limited government?
-Separation of powers
-Checks and balances
-Federalism
-Republicanism
Philadelphia Convention/Constitutional Convention
In 1787, the Constitution was drafted to replace the Articles of Confederation
-George Washington presided over the meeting
-Alexander Hamilton and the Grand Committee had important ideas
Who wrote the Declaration of Independence?
Thomas Jefferson (and also John Adams and Benjamin Franklin helped)
Who wrote the US Constitution?
James Madison
Grand Committee
The group tasked with forging the compromises that were required to draft a new governing document (the Constitution)
Representative Republic
A government where people vote representatives into office who then legislate on behalf of the people
Incorporation of Enlightenment ideas into the Constitution
-Republicanism (representatives are elected)
-Separation of powers: three branches where each have the ability to check the others
Participatory Democracy
Emphasizes broad participation in politics and civil society
-Framers didn’t like this form of democracy
Pros of a participatory democracy
Represents people well, people are directly involved (example: town hall)
Cons of a participatory democracy
Logistically difficult, hard to scale as population grows
Initiative
A process that allows citizens to bypass their state legislature by placing proposed laws on the ballot (reflects participatory democracy)
Referendum
Allows voters to approve or repeal an ALREADY PASSED act of the state legislature
Elite democracy
Emphasizes limited participation in politics and civil society
Pros of elite democracy:
More educated people are in charge, elite democracy is more decisive
Cons of elite democracy:
May not represent people’s needs or democratic values
Pluralist democracy
Emphasizes group-based activism by nongovernmental interests striving for impact on political decision making
Pros of a pluralist democracy
Good ideas surface, no one group dominates
Cons of a pluralist democracy
Slow decision-making, potential gridlock
Interest groups
Groups of people who attempt to influence policymakers to support their position on a particular common interest or concern
Benefits of an interest group
Amplifies the voice and interests of a single voter
How are the three types of democracy represented in the Constitution?
Elite: Elected representatives legislate on behalf of the people
Pluralist: In order to get a law passed, various interests, both states and otherwise, have to compromise to get it done
Participatory model: Separation of power between the federal government and state governments (federalism)
What are the three main pieces of the Declaration of Independence?
-Preamble
-List of grievances against King George III
-Resolution for independence
Purpose of the Declaration of Independence
Rally troops to fight in the US
Secure foreign allies who would be able to help Americans to win the war
Key arguments/features of the Declaration of Independence
-All men are created equal
-Unalienable rights (natural rights)
-Purpose of government is to protect natural rights
-Consent of the governed (popular sovereignty/social contract)
-People can alter or abolish a government that doesn’t uphold rights
Federalist Papers
A series of pro-Constitution writings
What does Federalist No. 10 think about a pure democracy?
The majority will always win out over the minority, so there is no protection for minority views
What does Federalist No. 10 think about factions? (good or bad and why)
-Factions are very bad for democracy because they are a threat to liberty
What are the two solutions to factions? Which is best and why?
-Removing its causes : Bad for two reasons: 1, because it destroys liberty, 2, because everyone naturally has different opinions
-Controlling its effects: Good, and done through a republic
What method of government does Federalist 10 propose? Why?
A republic, because it is too big and diverse for factions to thrive. It will 1, dilute the power of factions since there are so many, and 2, competition of factions always results in compromise
-Balances the needs of the majority and minority
Antifederalist papers
A series of anti-Constitution writings
What clauses does Brutus 1 caution against? Why?
Necessary and proper clause, supremacy clause
-No power to the states, bypassing state opinions (example: taxes)
What type of government does Brutus 1 want?
Confederacy/participatory democracy
What does Brutus 1 think about taxes?
Brutus was concerned the federal government under the proposed Constitution would have unlimited power to impose taxes, duties, and excises. This authority could overshadow state governments, potentially leading to the erosion of state sovereign.
What does Brutus 1 think about the size of the republic?
It is impractical to have a big republic because the population would be too big for everyone’s interests to be represented
Federalists vs Antifederalists views on centralized power
Federalists wanted centralized power
Antifederalists wanted decentralized power
Factions
Groups of people who believe their interests are more important than any other interests
Articles of Confederation
The US’ first constitution
Describe the concentration of power during the time when the Articles of Confederation was law of the land
Power was held mainly by the 13 states, and there was very little national power
Describe the branches of government under the Articles of Confederation
There was only Congress and no executive or judicial branch
How could the Articles of Confederation be changed?
An amendment required all 13 states to agree
Describe the method of collecting revenue in the government under the Articles of Confederation
The federal government had no taxation power, and needed to ask the states for money
What was currency like under the Articles of Confederation?
There was no national currency (each state had a different currency)
What weakness of the Articles of Confederation was revealed by Shays’ Rebellion?
Congress had no power to raise a national army
What was the cause of Shays’ Rebellion?
Massachusetts farmers (most of whom were veterans) who were heavily in debt were not paid due to the lack of money in the federal government, so they rebelled
How was Shays’ rebellion resolved?
Because Congress couldn’t summon an army, a privately-funded militia had to end the rebellion
Confederation
A form of government in which several powers unite to form a central power
How were states represented in Congress under the Articles of Confederation?
Each state had 1 vote (equal representation)
Pros of the Articles of Confederation
-Established a central government where there was none before
-Avoided a tyrannical central government
Great Compromise/Connecticut Compromise
Created a bicameral system of Congressional representation with the House of Representatives based on each state’s population and the Senate representing each state equally
Virginia Plan
Bicameral legislative branch
Lower house elected (based on population)
Upper house elected (based on population)
New Jersey Plan
One vote to each state, unicameral legislature
Bicameral Legislature
A Congress with two houses
Describe the debate when drafting the Constitution over how the president would be elected and the solution
-Some wanted popular vote
-Some wanted state legislatures to elect the president
-Others wanted Congress to elect the president
-Solution: Electoral college
Electoral College
Each state is given the same number of electors as they have representatives in Congress, and it is the electors who put the president in office
Describe the debate when drafting the Constitution over representation of enslaved people
Northern states wanted only free population to be counted when counting how many people there are in a state to determine representative number
Southern states wanted free and enslaved population to be counted when counting how many people there are in a state to determine representative number
Three-Fifths Compromise
Count 3/5 of the enslaved population for purposes of representation
Describe the solution to the debate when drafting the Constitution over importation of slaves
Banning the importation of slaves would be postponed until 1808 (20 years later)
Describe the proposal state of amending the Constitution
Either Congress or special state conventions can propose an amendment, and a 2/3 vote is needed to pass the amendment to the next stage
Describe the ratification state of amending the Constitution
¾ of the states must ratify the proposed amendment (can be done by state legislatures or state ratifying conventions)
Give 2 examples of the current debate over the role of the national government, the powers of state governments, and the rights of individuals
-Government surveillance (especially a debate after 9/11)
-Role of government in public school education
Which article of the Constitution contains the amendment process?
Article V
How were Anti-Federalists’ concerns addressed when writing the Constitution?
Adding a Bill of Rights ensured that there would be protections against governments infringing on the rights of individuals
What type of government did the Constitution establish?
Republic
Article I of the Constitution
Legislative branch
Article II of the Constitution
Executive branch
Article III of the Constitution
Judicial branch
Article IV of the Constitution
State relations
Article V of the Constitution
Amendment process
Article VI of the Constitution
National supremacy
Article VII of the Constitution
Ratification process
Representation in Senate vs House
Senate equally, House by population
Article I Section VIII of the Constitution
Enumerated powers of Congress
Necessary and Proper Clause/Elastic Clause
Congress has the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers
Judiciary Act of 1789
Created a structured court system and defining the jurisdiction of inferior federal courts
Jurisdiction
What kind of disputes are within the realm of the court’s power to decide
Original Jurisdiction
Ability to hear a case for the first time
Appellate jurisdiction
Court cannot hear a case for the first time, only appeals from lower courts
Which article of the Constitution is the Supremacy Clause located in?
Article VI
Separation of Powers
Power is separated between the three branches
Executive branch
The president and the bureaucracy
-Enforces laws
Legislative branch
Congress (House and Senate)
-makes laws
Judicial branch
The Supreme Court
-Interprets constitutionality
Checks and balances
Each branch keeps the other in check
Stakeholder
Anyone with a vested interest in the outcome of policymaking
-Multiple branches give them multiple access points
Impeachment process
House of Representatives votes to indict with a simple majority
Senate decides to convict or acquit with 2/3 majority
In which document did this quote appear: “If men were angels, no government would be neccessary”
Federalist 51
Key points of Federalist 51
-First enable the government to control the governed, and in the next place oblige it to control itself
-Separation of powers “each department should have a will of its own”
-Checks and balances (ambitions set against each other)
-Congress has a lot of power, so it should be divided into two houses
-Power is further divided between national and state governments
Federalism
The sharing of power between the national and state governments
Exclusive powers
Powers delegated by the Constitution to the federal government alone
Reserved Powers
The powers kept by the states