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political power
power over others, getting people to do what you want
founding fathers motives and misconceptions
“they were just old rich white guys who wanted to skip out on taxes” X
they prioritized liberty for people and government, but were elitist
unalienable rights
John Locke, rights given by God and nature, not the king
Articles of Confederation
each state was sovereign, all broke, no army, all different, no commerce regulation - didn’t work
Shay’s Rebellion
government couldn’t stop militia, proved how weak Articles were
framers were afraid of
“unpropertied majority” gaining power, i.e. Shay’s Rebellion
10th amendment
“reserved powers” for states, “concurrent powers” for states AND government
reserved powers
states powers outlined in the 10th amendment
concurrent powers
powers shared by state and government as outlined in the 10th amendment
federalist goal
implement the constitution, strong federal government
antifederalist goal
anti-constitution, strong state government
Federalist Papers
papers to argue for the case of the federal government
Federalist Papers on factions
Factions would not be a problem because in a small setting, one faction would rule over all, and in a large setting, too many factions would be competing and therefore would not rule (disproved obviously)
direct democracy
everyone votes on everything - didn’t work because communication was slow and there were too many states
representative democracy
people vote for other people to represent them - worked better
bicameral
Senate(equal interest of the states) House(interest of the general population)
compromise over slavery
Constitution “ended” slave trade in 1808, made existing slaves more valuable (resolved in the Civil War)
powers of Congress
taxes
borrowing
regulation of commerce
courts
war
necessary and proper clause
powers of the President
commander in chief
pardons
treaties and appointments (only w 2/3 vote from Senate)
powers of the Judiciary
jurisdiction of courts
review and change decisions made by lower courts
federal crimes tried by jury (except impeachment)
foreign disagreements
original case
case heard for the first time
appellate case
has been tried at a lower court
checks and balances, congress to president
refuse to pass bill
pass law over veto
impeach
refuse to approve appointment
refuse to ratify treaty
checks and balances, congress to courts
change number and jurisdiction of lower courts
impeach judge from office
refuse to appoint person nominated as judge
checks and balances, president to congress
veto bill
checks and balances, president to courts
nominating judges
checks and balances, courts to congress
declare law unconstitutional
checks and balances, courts to president
declaring his or his subordinates’ actions unconstitutional
or unauthorized by law
judicial review
power to declare laws unconstitutional
framer’s view of powers reserved to the states
surprised they would be willing to give up most of their rights