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Ideals of democracy
limited government, natural rights, popular sovereignty, republicanism, social contract
Aspects of limited government
Republicanism, separation of powers, checks and balances, federalism
Aspects of the Declaration of Independence
popular sovereignty, natural rights self-rule consent of governed
Liberty v order
A balance between safety, security and freedom
Bicameralism
the principle of a two-house legislature.
When can a bill become a law
When it passes through both houses of Congress
Problems of articles of Confederation and remedies by Constitution
Articles created a league of friendship between the states - Constitution created a fed system of gov btwn the nat and state levels, 9/13 states required to pass legislature - bills need a simple majority in both houses of Congress, each states had 1 vote, regardless of size or pop - States are represented based on pop in the House of Reps and equality in Senate (page 80 back of notes)
Shays rebellion
A rebellion led by farmers in Massachusetts protesting mortgage foreclosures. Highlighted a need for a strong national government.
Virginia plan
Bicameral legislature, called for a strong central government with a legislature composed of two chambers
New Jersey plan
Unicameral legislative representative chosen by state, legislators each state receives one vote representation in house would be equal among the states no veto powers
Great compromise (convention compromise)
Settled disputes between the states over the structure of the legislative branch. Congress would be a bicameral legislature with representation in the lower house based on the population of the state and equal representation of the states in the upper house
3/5 compromise(convention compromise)
Provided a formula for calculating states in slave population for the purpose of representation in the house and for taxation
Slave trade compromise(convention compromise)
Congress could not regulate or outlaw slavery or slave trade until 1808
Electroral College(convention compromise)
Created a system for electing the president by electors from each state rather than popular vote or by congressional vote
Bill of Rights (convention compromise)
First 10 amendments
Federalist
Favor the constitution and the need for a strong national government
Anti-federalist
Opposed the constitution and wanted strong state governments in fear of a strong national government
The federalist
A series of essays detailing the structure of the constitution and the safeguard of individual liberty
Federalist 47
If there are no separation of powers, tyranny would reign-there must be a distribution of constitutional authority among the three branches of the national government
Federalist 51
The need for the separation of powers and checks and balances so no one branch becomes too powerful
Checks and balances
System within the US government that divides power among the legislative, executive and judicial branches with each branch having the ability to limit the powers of the others
Divided government
one party controls the White House and another party controls one or both houses of Congress
Marbury v Madison
Establish the principle of judicial review, empowered the court to nullify an action of the legislative or executive branch, that violates the constitution
Judicial review
The power of the courts to declare laws unconstitutional
McCulloch v Maryland
Validated the supremacy of the national government(supremacy clause) over the states, declaring that the states can't interfere with or tax and instrument of the national government
US v Lopez
The Court restricted the expansion of the national government's use of the commerce clause, stating that Congress could not use the commerce clause to create gun-free school zones
Impeachment process
House charges an official with abuse of power of misconduct
2/3 of the Senate is needed to convict if convicted then you are removed
Proposal and ratification methods for amending process
2/3 in both houses of Congress or 2/3 of the state legislators
Federalism
Distribution of powers between the national and state government
Dual federalism
The states in the national government operate independently in their own area of republic policy
Cooperative federalism
the states in the national government work together to shape public policy
Commerce clause
Gives the national government the power to regulate interstate commerce , but the Supreme Court interpretations may affect when specific actions exceed this constitutional power
Supremacy clause
Gives the national government and its laws general precedence over state laws, but the Supreme Court interpretations may affect when specific actions exceed this constitutional power
Expressed or enumerated powers
Given to the national government and are written in the constitution
Necessary and proper clause
To make all laws which shall be necessary improper for carrying into the execution, the foregoing powers
Implied powers
Assumed to exist because they are necessary and proper to carry out the enumerated powers
Reversed powers
Powers held by the states alone
Exclusive powers
Power is held by the federal government alone
Concurrent powers
Powers that are shared by both levels of government. Ex-Levying taxes, borrowing money, the power to build roads.
Fiscal federalism
The national government influencing state in local governments with money
Block grants
Broad grants to the states for prescribed activities-welfare, childcare education, social services, preventive healthcare, and health services-with only a few strings attached; most states prefer
Categorical grants
funds appropriated for specific purposes, such a school lunches or the building of highways or airports, most preferred by Congress because the grant involves most federal control tailored to their specific needs
Mandate vs unfunded mandate
The national government requires mandates on the state and local governments and unfunded mandates don't get money while mandates do.
Federalist 10
To "prevent tyranny of the majority", Madison argues for a large republic rather than pure or direct democracy to control factions and the need for a strong federal government power between national and state governments
Brutus #1
Argues against Madison's view on the powers of the national government and a large republic
Participatory theory
Emphasizes broad participation in politics and civil society such as voting and attending Townhall meetings
Pluralist theory
interest, groups or factions compete in the political arena with each promoting, it's policy preferences through organize efforts. Emphasizes group-based activism by non-governmental interests, striving for impact on political decision-making
Elite theory
A small number of powerful elite form in the upper class which rules in its own self interest, emphasize limited participation, and politics and civil society Ex. Electoral college.
Constitutional interpretations of federalism
Due process and equal protection causes of the 14th amendment, commerce clause, necessary, proper clause, supremacy clause
Multiple access points
Refers to the various ways of citizens interest groups in state governments can influence public policy by interacting with different branches and levels of government
Constitutionalism
A term applied to arrangements-checks and balances federalism, separation of powers rule of law, due process, bill of rights, in order to prevent our leaders from abusing power