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Historical context of declaration of independence
the colonists grievances against British rule particularly imposed tax laws such as the sugar Act, stamp act, and the rights violates that followed led to the Declaration of Independence in 1776, a pivotal document declaring American sovereignty and intimating the war for independence
What was a profound influence on American revolutionaries and shaping of foundational documents
enlightenment ideas/thinkers
What is limited government
a government kept under control by law, check and balances and separation of powers
influenced by enlightenment
Natural rights: John Locke
people are born with certain rights that are given to them by their creator (not given by a monarch and thus can’t be taken away by a monarch)
people are endowed just by virtue of being born human with the rights of life, liberty, and property
coined by John Locke as he argued in his Second Treatise of Civil Government that Natural law is the law of God and that this law is acknowledged through human sense and reason
State of Nature
John Locke and Thomas Hobbes argued for a state of Nature which comes before any kind of government and in that state humans are free
Hobbes (leviathan) believed without a government “life is solitary, poor nasty, brutish and short.” which is to say he believed in absolutism
while Locke believed that people are just born free and equal and form a social contract
Popular sovereignty: John Locke
by nature the power to govern is in the hands of the people
the people are the ultimate ruling authority
Social contract: Jean-Jacques Rousseau
people willingly give over some of their natural rights to a government to protect their rights and commit to the general good
state is the servant of the people
Rousseau stated that people are entitled and obligated when the government does not respect the consent of the governed
Republicanism: Baron De Montesquieu
created by Baron De Montesquieu in his book spirit of the laws
people elect leaders to represent them and create laws in their interest
argued that in order to keep government from becoming tyrannical power should be separated between 3 branches
Democratic ideals reflected in the Declaration of Independence
Natural rights: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights, that among these are life, liberty and pursuit of happiness”
Popular sovereignty/social contract : “That to secure these rights, governments are instituted among men… deriving their just powers from the consent of the governed”
Democratic ideals represented in the Constitution
Republicanism: framers created a representative republic
separation of powers: framers separated the powers of the federal government into 3 branches. Each branch has the authority to check the power of others so none of them can grow too powerful
participatory democracy
broad participation in politics and civil society
citizens vote on laws directly, not by means of representatives
The U.S allows for participatory elements at the state and local levels such as town hall meetings, local vote on tax rates, and state-level initiatives and referendums
an initiative is a process that allows ordinary citizens to bypass their state legislature and propose new laws or constitutional amendments
a referendum is when people oppose a law that is passed by their legislature and call for a vote to reject it
Elite democracy
limited participation by a few well-educated and informed states people who are qualified to direct the nation through law making on behalf of the people
ex: the president has the power to appoint judges to the supreme court, a decision entirely independent of voting population
ex: Electoral college, not the people who vote the president in but rather a handful of electors from the various states
Pluralist democracy
describes group based activism by non-governmental interests which work to impact political decision making
average citizens can have a big influence on their representatives
groups raise money and try to persuade legislators to pass laws favorable to their cause
ex: National rifle association, NAACP
states represent interests as well, each state represents the interests of it’’s citizens
How are models of representative democracy visible in major institutions, policies, events, or debates in the U.S
Participatory democracy:
event: Small towns hold town hall meetings were everyone can participate in local policy making
institution: the U.S allows for participatory elements at the local/state level which includes initiatives and referendums
Constitution: separation of powers between the federal government and state —> federalism
pluralist democracy:
Constitution: in order to get a law passed, various interests both state and otherwise, have to compromise to get it done
debate: states argue back and fourth to win the best legislation for their citizens
elite democracy:
Constitution: provides for elected representatives that legislate on behalf of the people
institution: the president has the power to appoint federal judges and cabinet officials
institution: the electoral college enables elites to determine the president
Federalist papers
during the ratification debates over the new constitution John Jay, Alexander Hamilton, and James Madison who represented the Federalists, who were in favor of the new constitution, published essays in a New York Newspaper in order to convince the public to ratify. I'm doing so they addressed the most common objections and gave a sense of how the nation would work under this new constitution
Federalist 10
written by James Madison in an attempt to answer the following question: How will the new Constitution protect the liberty of citizens against tyranny of majority? —> addresses the dangers of factions
by his definition a faction is a group of citizens whose desire is to dominate government so that they might impose their own interest on the whole society —> threat to liberty
Madison proposes 2 solutions: stop factions or limit their effects
the 1st is obviously terrible as it would destroy liberty
so Madison proposes a Republican government to limit the effects of factions
in a big and diverse republic the power of factions will be diluted so no one faction will always get their way and since they will be in obvious competition with one another, they will be forced to compromise their interests in order to pass legislation that considers the common good of society and not merely the interests of one group
anti-federalists disagreed with his proposal
Brutus 1
attempts to answer the question of if a state government or a powerful central government is best for the nation (believes state is better)
makes numerous arguments in support of his claim: Necessary and proper clause article 1, section 8 and supremacy clause article 6
Brutus main concern is that by creating a central authority who can by these clauses do whatever state governments will die
gives examples for how this death will occur: collection of taxes —> a government that exists can only collect a small amount of taxes otherwise the citizens will go weary and rebel therefore how will state governments tax when the federal already does
makes same argument over federal courts
final argument is that the u.s is not suited for a Republican government
quotes Montesquieu —> a territory like the U.S big in territory and people can’t possibly have representatives who will be track of the public’s interest
Articles of confederation
first Constitution of the U.S
loosely united 13 states as a confederation under one governing authority
each state wrote it’s own constitution
states held the most power and central government was weak
single branch of government; legislative with an equal representation system- each state received one vote
article 6 states central government can’t raise national army
article 9 states the power of central government which is being the final arbiter in disputes between states appointing committees etc
article 9 says central government can’t declare war unless 9 states agree
article 13 states all 13 states need to agree to amend the article
7 weakness of the articles of confederation
1) required at least 9 states to agree on enacting national law
2) required all 13 states to agree to amend the document
3) Congress could not directly tax the people
4) Congress couldn’t raise a national army
5) no national currency or court system
6) Congress could not regulate commerce among states or foreign
7) one branch of government
Shay’s rebellion
in Massachusetts in 1786, a large group of impoverished farmers which included many revolutionary war veterans, lost their farms to mortgage foreclosures and their failure to pay higher than average states taxes.
So they demanded the government ease financial pressures by printing more money, lowering taxes, and suspending mortgages.
However Congress had refused thus in early 1787, Danial shay led a band of angry farmers to the federal aresanal in Springfield.
the rebellion was crushed by the Massachusetts standing army however shay’s rebellion was the closing argument for the need of a strong central government
Great compromise
debate over how people would be represented
Virginia plan: argued that representatives ought to be apportioned by population. Bigger states would have more representatives and smaller states less. Thus the interests of the small states would never prevail.
New Jersey plan: argued representatives ought to be apportioned equally: each state gets one vote. Small states would have advantage over big states
brought them together in a bicameral legislature
house of representatives would be apportioned by population and each state would have 2 senators
Electoral college
each state is given the same number of electors as they have representatives in Congress, and it is the electors who put the president in office
3/5 compromise
3/5 of the enslaved population is counted for population and taxation
importation of enslaved people
slave trade wouldn’t be touched for another 20 years after which it would be abolished (1808)
Article V
either Congress or special state conventions can propose an amendment
2/3 vote is required to pass an amendment to the next stage
then proposed amendment must be ratified by ¾ of the states which can be done by state legislators or state ratifying conventions
then becomes official amendment
Principles of American government
Separation of powers: no one branch of government holds all the authority
Checks and balances: each branch has the power to check the other branches
Congress can check executive with it’s power of advise and consent. Senate must vote to approve cabinet appointments and supreme court nominees.
congress hold power of impeachment as well
executive has veto power over Congress. buttt Congress can override veto with 2/3 vote
judicial branch has judicial review
Federalist 51
separation of powers and checks and balances are able to control the abuse of power by any branch
each branch has to work as independently of the others as possible, but also possess necessary checking powers to keep the others in their land
Stakeholders
Congress: can pay professional lobbyists and can write letters and emails to representatives
executive: can file a complaint with bureaucratic agencies if a law is being broken or a crime is being committed
judicial: can use courts to challenge unjust and unconstitutional laws or appeal wrongful convictions
Categorical grant
gives federal money to the states as long as they comply with specific federal standards
for specific, narrow purposes (e.g., building an airport)
Medicaid, school lunch programs.
Block grant
money given to the states to be spent in a broad category and the states determine exactly how that money is spent within those boundaries
Mandate
requires states to follow federal directives and gives money toward carrying out the mandate
ex: clean air act & Americans with Disabilities Act (ADA) requirements.
unfunded mandates
14th amendment
applied bill of rights to states
necessary and proper clause
congress can pass any law which shall be deemed necessary and property to carrying out their enumerated powers
full faith and credit clause
each state must respect the other’s laws
Supreme court cases
McCullough Vs Maryland —> federal power
U.S vs Lopez —> power returned to the states
Federalism in action
Paris agreement —> abiding to federal or state limits of green house gases
legalization of marijuana —> abiding to the federal or state limits of buying marijuana