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Limited Government
The United States Constitution restricts the power of the federal government.
What influenced limited government?
A European intellectual movement called the Enlightenment.
Describe Natural Rights
People are born with rights that are given to them by their creator. Not given to them by a monarch and therefore could not be taken away by a monarch.
John Locke & Thomas Hobbes
Locke wrote in his second treaty on civil government that people are endowed by a virtue of being born a human with the rights of life, liberty, and property. Both people wanted a theoretical state of nature.
Popular Sovereignty
Defined as people being the source of governmental power and authority.
Describe the social contract
To protect their Natural Rights, people, willingly give over some of that power to a government.
John Rousseau
Treaty called the social contract. Also wrote that if the government violates, the agreement becomes a tyrannical turd. The people’s duty is to then overthrow the government.
Republicanism
A representative form of government.
Declaration of Independence
The document that outlined the reasons for the official break between the American colonies and the British Empire. Written by Thomas Jefferson with editoral help from John Adams and Benjamin Franklin.
Montesquieu
Argued that in order to keep powers from over-ruling each other, the power needed to be broken into 3 branches. Executive, Legislative, or Judicial.
Constitution
Provides the blueprint especially for the enlightenment ideas of separation of powers and republicanism. The first Constitution was the Articles of Confederation.
Participatory Democracy
Emphasizes broad participation and an active role of citizens in politics and civil society.
Elite Democracy
Where a small group of education individuals are elected to make decisions that are best for society.
Pluralist Democracy
Where decisions are made by factions of people who have a common interest.
Brutus 1
Brutus 1 championed broad participatory model. Feared the tyranny of a powerful central government. Wanted to keep majority of power in the hands of the states.
Federalist 10
Argued that such a fear was unfounded. With so much diversity in the population, all the factions would have to compete against one another. Such competition would protect the union from tyranny.
Federalists
Supported the new constitution and favored a stronger central government. Also believe a large republic would be superior because in a democracy the majority factions will tyrannize minorities.
Anti-federalist
Opposed ratifying the constitution and favored states rights. Also believed the necessary and proper clause would give congress absolute and un-controllable power.
Weaknesses of the AOC
-One branch
-No power to tax
-No national currency
-No national army/militia
Shay’s rebellion
A militia of about one thousand angry farmers headed down to the town arsenal which they summarily raided and armed their cells.
Proposal and Ratification
Either congress or special state conventions can propose amendment. 2/3 vote is needed to pass an amendment.
Separation of Powers
No one branch holds all the authority. Separated into three different branches.
Legislative Branch
Composed of two houses that make up congress. Has the power to make laws. No other branch can do that.
Executive Branch
President of the United States. Has the power to execute or enforce the laws.
Judicial Branch
Refers to the supreme court which is the highest court in the land.
Checks and Balances
Each branch can check the other branches.
Federalist 51
Each branch has to work independently of the others as much as possible.
Stakeholder
Anyone with a vested interest in the outcome of policy making. Can be ordinary citizens.
Federalism
When power is distributed between the federal and state government. (Think about the relationship between state and federal government.)
Exclusive Powers
Powers are specifically granted to the federal government.
Reserved Powers
The powers kept by the states.
Concurrent Powers
Powers shared by both the federal and state governments (tax).
Categorial Grant
Money that is provided by the federal government for an initiative that comes with conditions or “stings”.
Block Grants
Refers to federal money given to states for broadly defined reasons with no strings attached.
Mandates
These require states to comply with a federal directive.
Unfunded Manadates
Federal Government sets a mandate and provides no funds to help states comply.
Tenth Amendment
Any power that the Constitution does not explicitly give to the federal government is reserved for the states.
Fourteenth Amendment
Applied the bill of rights to the states.
Commerce Clause
Gives congress the authority to regulate commerce among the states.
Necessary and Proper Clause
Congress can pass any law which shall be deemed necessary and proper.
Full Faith and Credit Clause
Each state must respect the other’s laws.
McCulloch vs. Maryland
Congress established a branch in Maryland and put a tax on the bank. The clerk refused to pay the tax and the case ended up in front of the Supreme Court.
The United States vs. Lopez
A kid brought a gun to school. The supreme court favored the states over the federal government.