Founding Principles and Federalism: U.S. Government Structure & Democracy Types

Thomas Hobbes

Argued that people living in a 'state of nature' results in anarchy & war; said that the solution was for people to give up some rights & agree to live in peace.

John Locke

Argued that natural law is the law of God recognized through human sense & reason; under natural law, people were born free & equal, so no one could be ruled over without consent.

Rousseau

Argued for a social contract - people give up some natural rights for security & to find freedom in a body dedicated to society's good; saw popular sovereignty.

Montesquieu

Saw a republican government as one being limited & defined while giving liberty to citizens; argued for separation of powers (executive, judicial, legislative).

Declaration of Independence

Passed by the 2nd Continental Congress on July 4, 1776, providing justification for rebellion against Britain.

Battle of Yorktown

The battle where Americans gained independence after British surrender in 1781.

Treaty of Paris (1783)

The treaty that formally ended the American Revolutionary War.

U.S. Constitution

Finished on September 17, 1787, it established systems of balances & checks among branches of government.

Representative Republic

A collection of sovereign states gathered for national interest, needs, & defense.

Participatory Democracy

Depends on the direct participation of many citizens in government & public life.

Pluralist Democracy

People with varying interests find others with similar interests & form interest groups to influence policymaking.

Elite Democracy

Elected representatives make decisions on behalf of the people who elected them.

Federalists

Supported a strong federal government & ratification of the Constitution.

Anti-Federalists

Opposed a strong federal government.

The Federalist Papers

A collection of 85 essays written by Hamilton, Madison, & John Jay arguing for the ratification of the Constitution.

Conflict between Britain and America

Caused by many reasons including taxation without representation.

2nd Continental Congress

The assembly that voted to pass the Declaration of Independence.

Philadelphia Convention

The meeting in 1787 where the Confederation Congress met to revise the Articles of Confederation.

Checks and Balances

Established systems among branches of government to prevent any one branch from gaining too much power.

Majority Rights

The principle that the majority's interests should be considered in governance.

Minority Rights

The principle that the rights of the minority should be protected in governance.

Town Meetings

Local gatherings where citizens can exercise self-representation at state & town levels.

Interest Groups

Organizations formed by people with similar interests to influence policymaking.

Ratification of Constitution

The formal approval of the Constitution by the states.

Brutus

A series of essays under pseudonym supporting Anti-Federalist ideas.

Representative Democracy

A system where citizens elect representatives to make decisions on their behalf.

Initiatives

Processes that give people the power to put a measure on a ballot for popular vote.

Referendum

A process that allows citizens to contest the work of the legislature.

Federalist Support for the Constitution

Federalists argued that a strong central government would protect the rights of all people.

Federalist 10

An essay by Madison arguing that a large republic would limit the influence of factions.

Anti-Federalist Opposition to the Constitution

Anti-Federalists opposed the Constitution, favoring a confederacy of states.

Concerns of Anti-Federalists

Concerns included fears of a powerful executive and excessive central government power.

Brutus 1

An essay listing Anti-Federalist concerns regarding the Constitution.

Articles of Confederation

The first form of government for the United States, establishing a confederation of states.

Voting in Confederation Congress

Each state had one vote in the Confederation Congress.

National Legislation Requirement

National legislation required 9 out of 13 votes to pass.

Amending the Articles

Amending the Articles required unanimous consent from all 13 states.

Powers of Congress under Articles

Congress could engage in diplomacy, declare war, and acquire territory.

Extradition

The return of fugitives and runaway slaves to their original states.

Weaknesses of Articles

The Articles gave more power to states than to the central government.

Shay's Rebellion

An uprising led by Daniel Shays in 1787 due to economic hardships faced by farmers.

National Taxation Issues

The national government could not impose taxes and relied on voluntary state assistance.

Madison's Tax Proposal

A proposed tax formula based on state population that failed after 4 years.

No National Militia

Congress could not raise a national militia, leading states to defend themselves.

Financial Problems of Confederation

The inability to tax led to financial instability and reliance on states.

Lack of central military power

Posed danger

Virginia Plan

Proposed by VA Governor Edmund Randolph; established 3 branches with a bicameral legislature, where lower house members are elected by the people and elect upper house members.

New Jersey Plan

Proposed by NJ Governor William Patterson; ensured states had sovereignty with a national government that had limited and defined powers, with no national court system and each state having one vote in the legislature.

The Great Compromise

Created a bicameral legislature, satisfying smaller states with equal representation in the Senate and larger states with representation based on population in the House of Representatives.

Three-Fifths Compromise

Proposed that only 3 of every 5 slaves would count for representation in the House.

Extradition clause

Addressed how states should handle fugitives and runaway slaves.

Electoral College

Each state had a number of electors equal to the number of representatives they had in Congress, who voted for the president.

Commerce Compromise

Allowed the government to impose a tariff on imports but not on exports.

Article I

Defined the powers and function of Congress, with House members elected by the people every 2 years and senators elected by state legislatures (changed by 17th Amendment).

Article II

Defined the powers and function of the President.

Article III

Defined the powers and function of the judiciary and empowered Congress to create lower federal courts.

Federal courts jurisdiction

Federal courts have jurisdiction over cases involving federal law, disputes between states, and concerns with government officials.

Federal judges appointment

Appointed by the President with Senate approval, serving during 'good behavior' (interpreted to mean for life).

Article IV

Defines relations among the states, including the 'Full faith & credit clause' which requires states to respect each other's laws.

Article V

Outlines the process for amending the Constitution, requiring a 2/3 vote in both houses of Congress or proposal from 2/3 of states, and ratification by 3/4 of all states.

Article VI

Supremacy clause stating that all states must follow the Constitution.

Article VII

Outlines the ratification process of the Constitution, stating it would go into effect once 9 out of 13 states ratified it.

Amendment Process

Proposed by 2/3 of both houses of Congress or 2/3 of states at a convention initiated by states and called by Congress, ratified by ¾ of state legislatures or ¾ of state ratifying conventions.

Constitutional System

Created a representative republic that limits government, with federalism allowing both national and state governments to share power, but national government having authority over its own sphere.

Necessary & proper clause

Gave government flexibility for unforeseen situations.

Ratification

Article VII called for states to hold ratifying conventions to approve the Constitution, which would go into effect after the 9th state ratified it.

Bill of Rights

Anti-Federalists and some pro-Constitution leaders believed a list of rights was necessary; others, including Madison, opposed it, arguing that listing rights could allow the government to take away unlisted rights.

Amendment 1

Freedom of speech, religion, press, petition, & assembly.

Amendment 2

Right to bear arms.

Amendment 3

No quartering of troops.

Amendment 4

No unreasonable searches & seizures.

Amendment 5

Indictment, double jeopardy, protection against self-incrimination, due process.

Amendment 6

Speedy & public trial by peers, cross-examination of witnesses, to call favorable witnesses to testify, right to counsel, & to be informed of the crime accused.

Amendment 7

Lawsuits & juries.

Amendment 8

No cruel & unusual punishment, no excessive fines & bail.

Amendment 9

Listing rights in the Constitution doesn't deny others not listed.

Amendment 10

Delegated & reserved powers of the states/people.

USA Patriot Act

Allowed government agencies to share information about suspects & widened authority on tapping suspects' phones.

USA Freedom Act

Upheld certain parts of the Patriot Act but removed collection of phone & internet data and set limits for its collection on certain cases.

No Child Left Behind Act

Called for improvements in teaching methods, testing to measure progress, & sanctions for underperforming schools.

Legislative Access Points

Stakeholders can influence policymaking through special interest groups who lobby lawmakers.

Executive Access Points

Citizens can access the executive branch through various executive agencies.

Judicial Access Points

Citizens use federal courts to challenge unfair government action, appeal wrongful convictions, & question public policies.

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Pocket Veto

If the president receives a bill at the end of a legislative session and refuses to sign it, the bill is killed.

Majority Vote

A bill must pass both houses with a majority vote (50% + 1) to take effect.

Two-thirds Vote

If a bill is vetoed, both houses can override it with a two-thirds vote.

Impeachment

The power given to the House to impeach an official.

Senate Trial

The Senate holds a trial if the House impeaches, with the Chief Justice as judge.

2/3 Majority Vote

The Senate must vote by a 2/3 majority to find an official guilty and remove them.

Federalism

The sharing of power between national and state governments.

Supremacy Clause

Article VI places national law, treaties, and presidential action above state authority.

Enumerated Powers

National law is limited by an enumerated list of powers for Congress in Article I, Sec. 8.

Presidential Authority Limitations

Presidential authority is also limited in Article II.

Full Faith and Credit

Article IV requires states to honor the laws of each other.

Privileges and Immunities

States must give equal protection of privileges and immunities for all citizens, including outsiders.

Tuition Pricing

States can charge different tuition prices for out-of-state and in-state students because in-state families pay taxes that fund the colleges.

Exclusive Powers

Powers only delegated to the federal government, such as military, diplomatic affairs, and international commerce.

Powers Denied to Congress

Article I, Sec. 9 lists powers denied to Congress; Sec. 10 lists powers denied to states.

Police Powers

States generally have the powers to create and enforce laws on health, safety, and morals.