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enumerated powers
powers given to national government
concurrent powers
powers shared between national government and state governments
reserved powers
powers designated for the states
denied powers
powers that are not given to either the states or national government
implied powers
powers that are assumed based on other powers
Article 1
Establishes legislative branch
Article 2
Establishes executive branch
Article 3
Establishes judicial branch
Article 4
Discusses slaves, new land/states, powers of states
Article 5
Discusses amendment process (3/4 of states to ratify)
Article 6
Discusses supreme law of the land, national law/supremacy, oath of office
Article 7
Discusses ratification (9/13 states to ratify), done by state conventions rather than state legislatures
What did the Federalists believe?
Needed a strong national government, federal laws over state laws, president provides stability, bill of rights not needed
What did the Anti-Federalists believe?
Powers like the power to tax are dangerous, wanted a balance of power between state and federal government
Who was the only president with no political party (although he often sided with the Federalists)?
George Washington
Bill of Rights Amendment 1
Freedom of speech, press, association, religion, peacful assembly, petitions
BoR Amendment 2
Right to bear arms
BoR Amendment 3
Protection against quartering troops
BoR Amendment 4
Protection against unreasonable search and seizure
BoR Amendment 5
Rights of accused persons
BoR Amendment 6
Rights in criminal trial (lawyer, public trial)
BoR Amendment 7
Jury trial
BoR Amendment 8
Protection against excessive punishments
BoR Amendment 9
Powers reserved to the people (rights are not limited to those listed)
BoR Amendment 10
Powers reserved to the states (state governments get the powers not designated to the national government)
Federalist Paper 10 by James Madison
Discussed union as a safeguard against domestic faction and insurrection (“liberty is to faction what air is to fire”), need to control the effects of factions to preserve liberty, bigger republics are better
Federalist paper 51 by James Madison
Discusses checks and balances, “ambition must be made to counteract ambition”, men not angels, need to be able to control the government as well as the people it governs
Who was Washington’s Vice President?
John Adams, had little power
Examples of precedents set by Washington
Oath of office, title for president (Mr. President), relations with others branches (can’t participate in Congress), serve two terms, Farewell Address
Henry Knox
Secretary of War
Thomas Jefferson
Secretary of State
Alexander Hamilton
Secretary of Treasury
Edmund Randolph
Attorney General
Hamilton’s Financial Plan
tariffs and taxes (to support industry), national government assumes state debt, created a national bank
What compromise did Hamilton, Jefferson and Madison reach concerning Hamilton’s financial plan?
TJ and JM got the nation’s capital closer to the south, while AH got his financial plan
The Bank of the U.S. (Hamilton’s national bank)
it could: keep revenue from tariffs, strengthen government, give loans to businesses, issue paper currency, pay back lenders with interest
strict construction
The constitution should be interpreted strictly, the national government only has specifically stated powers (Jefferson and Madison)
loose construction
The constitution can be interpreted loosely, the national government can have powers that are implied (Hamilton and Adams)
Federalism
In the case of the US, the national and state governments have shared powers
Compact theory
The states voluntarily joined in a union, but did not give up their power, as the national government gets its power from the states.
Virginia and Kentucky Resolves
Created by Jefferson, allowed states to nullify federal laws, following the Alien and Sedition Acts