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Direct Democracy
One where citizens and the government work fairly with each other.
Representative Democracy
One where the government exerts too much power over the people. (TJ Gov)
What does a democracy do?
Fights for the best interests of people
Pluralist Democracy
Based of groups
Popular Sovergnity
People have authority over how the government will be
What is cultivated with a free market?
Capitalism
Republic (Same as Representative Democracy)
Gov has too much power over people. (More like tyranny)
Direct Democracy
A form of government where citizens directly participate in decision-making and policy-making processes, rather than electing representatives to do so on their behalf.
Coalition Building
Giving up and sacrificing certain views for group benefit
Divided Government
When one party has power over the White House and another party controls the House of Representatives.
What was a main crisis during the time of the Articles of Confederation?
An economic crisis
Legislative
Makes laws
Judicial
Interprets laws
Executive
Enforces laws
Proper Representation
Number of representatives are based of population
Participatory Democracy
Emphasizes broad and direct participation from citizens.
Elite Theory Democracy
Tends to focus power on a small, powerful, educated and wealthy interests.
Malapportionment
Small states get more authority because of no equal representation. (Each state gets one vote) (Unfair and bad distribution of representatives = unequal value to vote = some people are more represented than others)
Why was the Constitution written in 1787?
The Constitution was written in 1787 in response to the weaknesses of the Articles of Confederation, which had proven ineffective in governing the United States.
What were some key services and objectives of the Constitution?
The Constitution aimed to achieve several key objectives:
Establishing the legislative, executive, and judicial branches of government.
Defining the powers and responsibilities of these branches.
Introducing a separation of powers among the branches.
Outlining qualifications and terms for various offices.
Addressing relations among the states.
Establishing an amendment process.
Emphasizing national supremacy.
Providing a procedure for ratification.
What is the focus of Article I of the Constitution?
Article I of the Constitution primarily focuses on the setup and operation of Congress, which consists of two chambers: the Senate and the House of Representatives
How were House members and senators originally elected, and what changed regarding senatorial elections?
Initially, House members were elected by the people every two years, while senators were elected by state legislatures and were accountable to their respective state governments. This changed with the Seventeenth Amendment, which allowed for the direct election of senators by the people.
What does Section 8 of Article I specify?
This section lists a limited set of powers granted to Congress. These powers include: taxation, borrowing money, raising an army, establishing a postal system, combating piracy, defining immigration and naturalization processes, and more.
What is the purpose of the necessary and proper clause (elastic clause) in Section 8?
The necessary and proper clause, found in Section 8 of Article I, allows Congress to enact laws that are not explicitly enumerated but are necessary to fulfill its designated powers. It grants Congress flexibility in its legislation.
What are some restrictions placed on Congress in Section 9 of Article I?
Section 9 of Article I imposes restrictions on Congress, including limitations such as not taxing exported goods, not suspending the writ of habeas corpus (the right to be formally charged after an arrest), not passing bills of attainder or ex post facto laws, and not granting any title of nobility.
What are some powers denied to the states listed in Section 10 of Article I?
Section 10 of Article I outlines powers that states are denied, including entering into treaties with other countries, coining money, and taxing exports.
Enumerated Powers
Refers to the specific powers granted to the federal government by the United States Constitution. These powers are explicitly listed in Article I, Section 8 of the Constitution and include the authority to regulate commerce, coin money, establish post offices, declare war, and more. The concept of enumerated powers helps to define the scope and limitations of the federal government's authority.
Commerce Clause
Empowers the Congress to “regulate commerce with other nations, and among the several states.”
What were the key responsibilities related to the office of the President outlined in Article II of the Constitution?
This article in the Constitution outlined several key responsibilities related to the office of the President, including:
The President serves as the Commander in Chief of the Army and Navy.
The President is required to periodically provide Congress with information about the State of the Union.
The President is responsible for ensuring that the laws of the United States are faithfully executed.
What were some of the considerations and debates surrounding the creation and definition of the office of the President in Article II?
The creation and definition of the office of the President in Article II sparked heated discussions in Philadelphia during the Constitutional Convention. Concerns about one-person rule, stemming from the rebellion against a monarch, were prevalent among the people. However, the weaknesses of the Articles of Confederation and the need for effective executive leadership to manage the nation's affairs made the establishment of the presidency inevitable.
What roles and responsibilities does Article I lay out for the President?
Article I of the Constitution defines the requirements for assuming the office of the President and outlines the President's roles and responsibilities. These include serving as the Commander in Chief of the U.S. military, receiving foreign ambassadors, and sending U.S. ambassadors abroad.
What is the significance of Article III of the Constitution?
The significance of this article of the Constitution is that it defines the judiciary branch of the U.S. government. It established the framework for the federal court system, including the Supreme Court, and empowered Congress to create inferior courts. Federal courts have jurisdiction over cases involving federal law, disputes between states, and matters involving government officials. (SCOTUS)
How are federal judges, including Supreme Court justices, appointed and for how long do they serve according to Article III?
According to Article III, federal judges, including Supreme Court justices, are appointed by the President with the approval of the Senate. They serve "during good behavior," which in practice means they serve for life. This provision is intended to insulate judges from political pressures and ensure their independence in interpreting and applying the law.
What is the significance of the Full Faith and Credit clause in Article IV?
The significance of this article of the Constitution is that it defines the judiciary branch of the U.S. government. It established the framework for the federal court system, including the Supreme Court, and empowered Congress to create inferior courts. Federal courts have jurisdiction over cases involving federal law, disputes between states, and matters involving government officials.
What were the key responsibilities related to the office of the President outlined in Article II of the Constitution?
This article in the Constitution outlined several key responsibilities related to the office of the President, including:
The President serves as the Commander in Chief of the Army and Navy.
The President is required to periodically provide Congress with information about the State of the Union.
The President is responsible for ensuring that the laws of the United States are faithfully executed.
What were some of the considerations and debates surrounding the creation and definition of the office of the President in Article II?
The creation and definition of the office of the President in Article II sparked heated discussions in Philadelphia during the Constitutional Convention. Concerns about one-person rule, stemming from the rebellion against a monarch, were prevalent among the people. However, the weaknesses of the Articles of Confederation and the need for effective executive leadership to manage the nation's affairs made the establishment of the presidency inevitable.
How was the Constitution ratified, and what were the key debates and concerns during the ratification process?
During the ratification process, state conventions debated and voted on accepting the Constitution. Concerns included the absence of a federal bill of rights and fears of potential government abuse. The Federalist Papers, written by advocates like James Madison, Alexander Hamilton, and John Jay, clarified the framers' intentions and eased concerns. Nine states ratified the Constitution, including initially hesitant Massachusetts.
What does Article VI state regarding religious tests for government officeholders?
This article in the U.S. Constitution explicitly states that no religious test shall be required as a qualification for holding government office. This provision ensures that individuals of all religious backgrounds (or none) have the opportunity to serve in government positions without discrimination based on their religious beliefs.
What is the significance of Article VI of the U.S. Constitution?
This article in the U.S. Constitution establishes the concept of national supremacy. It declares that the Constitution, along with federal laws made in accordance with it, is the supreme law of the land, and that all state governments and officials are bound by it. This provision was included to prevent the lack of unity and coordination that existed under the Articles of Confederation and to ensure that the federal government had authority over state governments.
How have successful amendments to the U.S. Constitution been proposed and ratified historically?
Historically, all successful amendments to the U.S. Constitution have been proposed by Congress. Most of them were ratified by state legislatures, with the exception of the Twenty-First Amendment, which repealed prohibition and was ratified by state conventions. The alternative method of proposing or ratifying amendments through a national convention called for by state legislatures has never been used.
How are federal judges, including Supreme Court justices, appointed and for how long do they serve according to Article III?
According to Article III, federal judges, including Supreme Court justices, are appointed by the President with the approval of the Senate. They serve "during good behavior," which in practice means they serve for life. This provision is intended to insulate judges from political pressures and ensure their independence in interpreting and applying the law.
What is the purpose of Article V in the U.S. Constitution?
Article V of the U.S. Constitution outlines the process for amending the Constitution. It provides two methods for proposing amendments: by a two-thirds vote in both houses of Congress or by a national convention called for by two-thirds of state legislatures. To be ratified, an amendment must receive approval from three-fourths of the state legislatures or conventions. This article was included because the framers recognized the need for the Constitution to evolve and adapt over time.x
What does Article IV specify about the extradition process for fugitives?
Article IV addresses the extradition process for fugitives who have committed state crimes. It states that if a person is charged with a crime in one state but flees to another state, the state where the crime occurred can request the extradition of the fugitive. This means that the fugitive can be delivered up and returned to the state that has jurisdiction over the crime to face charges and trial.
How does Article IV address the form of government each state should have?
Article IV guarantees that each state must have a republican form of government. This provision ensures that the government of each state is based on the principles of representative democracy, where elected officials represent the interests of the people.
Social Contract Theory
People make contract with gov (In exchange for gov protection, ppl cooperate. If gov doesn’t obey, ppl have right to rebel)
Two Methods to address Factions
Adress the causes of a faction
Controlling the effects of a faction with tools like propaganda
What are the two methods for proposing amendments to the U.S. Constitution as outlined in Article V?
By a two-thirds vote in both houses of Congress.
By a national convention called for by two-thirds of state legislatures.
What is the purpose of Article V in the U.S. Constitution?
Article V of the U.S. Constitution outlines the process for amending the Constitution. It provides two methods for proposing amendments: by a two-thirds vote in both houses of Congress or by a national convention called for by two-thirds of state legislatures. To be ratified, an amendment must receive approval from three-fourths of the state legislatures or conventions. This article was included because the framers recognized the need for the Constitution to evolve and adapt over time.x
What does Article IV specify about the extradition process for fugitives?
Article IV addresses the extradition process for fugitives who have committed state crimes. It states that if a person is charged with a crime in one state but flees to another state, the state where the crime occurred can request the extradition of the fugitive. This means that the fugitive can be delivered up and returned to the state that has jurisdiction over the crime to face charges and trial.
Federation
Coin Money
Operate post office
Erect a National Military/Appoint Military Officers
Declare War and Make Peace/Create Treaties - Foreign Policy Decisions
What does a bicameral government give?
Access to multiple points of policy
Representatives elected in such a _______ __________ would soon be beyond control by the people and abuse their power for selfish and corrupt purposes
Large Republic
Brutus claimed our government was
Weak
Brutus was an
Anti-Federalist
What type of a democracy did Brutus prefer?
He preferred a participatory democracy
What power of our new government will destroy the confederation
Power to tax, supremacy clause
What type of government is the eventual result of Republicans that have grown too large
Tyranny
Our new government cannot function in the pluralist or elitist model because
Pluralist leads to indecision. Elitist was feared because of to much national power
What potential danger lies in the necessary and proper clause
Government could create any law they want it
What clauses in the constitution may lead to states having less power
Supremacy clause and necessary and proper clause
Federalist 10
Written by James Madison, warns against factionalism in a democratic society. Madison proposes a large, diverse republic with a representative government to prevent the tyranny of the majority and protect individual rights. He emphasizes the need for balancing interests and fostering compromise to maintain stability and promote the common good.
Federalist 51
An essay written by James Madison as part of the Federalist Papers, a collection of articles advocating for the ratification of the United States Constitution. Published in 1788, Federalist 51 explores the concept of checks and balances within the government, emphasizing the importance of separating powers among different branches to prevent tyranny and protect individual liberties.
Who was the founder of the idea of natural ideas?
John Locke
What did the Articles of Confederation highlight?
Coin Money
Operate post office
Erect a National Military/Appoint Military Officers
Declare War and Make Peace/Create Treaties - Foreign Policy Decisions
Bicameralism
The principle of a two-house legislature.
Shay’s Rebellion
Rebellion by farmers in western Mass. in 1786-1787, protesting mortgage foreclosures; led by Daniel Shays and important because it highlighted the need for a strong national government just as the call for the Constitutional Convention went out.
Virginia Plan
Initial proposition at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature, the lower house to be elected by the voters and the upper chosen by the lower. (Proportionate representation)
Annapolis Convention
The Convention held in September 1786 to consider problems of trade and navigation, attended by five states and important because it issued the call to Congress and the states for what became the Constitutional Convention.
How many states were needed to approve a law under the AOC?
9/13 states
Who chooses electors?
States choose electors
What is needed for a democracy?
Popular Sovergnity and Freedom
Do senators or congressman have to be more moderate?
Senators have to be more moderate because they have to appease a larger group of people.
What would happen if the central government was strong?
States would follow laws more efficiently.
Proportionate Representation
Proportional representation is an electoral system where seats in a legislative body are allocated based on the proportion of votes received by each party or candidate. It seeks to reflect the overall vote distribution in a fair and equitable way.
How much years do people in the House serve?
2 years and their loyalty is to the people since they are elected by the people. (Represent districts)
How much years do people in the Senate serve?
6 years and they are apart of the state legislature.
For how long does Brutus believe our new republic will exist
Not very long, will lead to tyranny
Federalists
Supporters of ratification of the Constitution whose position promoting a strong central government was later voiced in the Federalist party.
Connecticut Plan
A plan by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house which each state would have two senators. States chose president.
New Jersey Plan
Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single house legislature in which each state would be represented equally. (Malapportionment)
How much years do people in the House serve?
2 years and their loyalty is to the people since they are elected by the people. (Represent districts)
How much years do people in the Senate serve?
6 years and they are apart of the state legislature.
What remedies the Connecticut Plan?
Federalist 51
How is the judiciary appointed?
They are appointed by the president since their loyalty isn’t to the people. (Legal arm of gov)
The electoral college
an assembly of electors appointed by the states, equal to the amount or representatives in House and Senate combined, who would formally elect the president.
9th Amendment
Just because a right is not enumerated within the Bill of Rights does not mean it doesn't belong to the citizens.
10th Amendment
the constitutional amendment stating "the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or the people."
2. related: reserved (police) powers
What powers are not given to the national government nor denied to the states then rest in the power of the states and the people.
Which article and section enumerates (lists) the government’s powers?
Article I, Section 8
When did Congress prohibit the slave trade?
1808
3/5 Compromise
Agreement reached in 1787 Constitutional Convention. It stated that each slave would be counted as 3/5 of a person for determining representation in Congress.
What did the Articles of Confederation consist of?
13 republics and 13 states
What is the main premise of Federalist 51?
To implement a system of checks and balances
What drives factionalism?
Self interest and freedom
Why are factions good?
They check and balance each other with different powers. Difficult for tyrannical majority
Major Premise
A system of checks and balances through separation of powers and federalism (division of powers) will secure both state powers and individual liberties.
Consent of the Governed
All people create government. Should reflect the will of people
House of Representatives
elected by the people, proportionate to the amount of citizens, originally 1 representative for every 30,000 (slaves counted as 3/5) Term is 2 years (Population reevaluated every 10 years) (Closest to ppl)
Why do the House and Senate take time to coalition build?
To gain support and pass legislation. Building coalitions allows lawmakers to gather enough votes to achieve their policy goals. It helps bridge partisan divides and creates alliances across party lines.
Habaes Corpus
You must be legally notified of the charge against you
Fugitive Slave Clause of Article IV
The Fugitive Slave Clause of Article IV stated that escaped slaves must be returned to their owners, even if they had reached a free state.