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Limited Government
The government is limited in nature/power and cannot go beyond what is stated in the constitution
Natural Rights
Rights that are not dependent on laws and are born with
Popular Sovereignty
People are the source of governmental power—government is based on the consent of the people
Social Contract
The government is required to protect the people and their rights as they gaining their power from the people.
Republicanism
A republican system of government that uses representatives (aka U.S type of government)
Rule of Law
People, institutions, and entities are subject to the law
Majority Rule with Minority Rights
The majority makes laws while still protecting the minority rights
Representative Democracy
A form of democracy where people vote for representatives who vote on policies.
We do not have a direct democracy but there is some at state/local level:
Initiative (Citizen rights a bill and is voted by the general public)
Referendum (Representative rights a bill and is voted by the general public)
Recall
Participatory Democracy
The people are directly involved with policy making and emphazies broad participation in politics and civil society
Pluralist Democracy
Organized groups (ex: factions) compete with each other to influence policy making
Elite Democracy
A small group, usually wealthy or well-educated) controls policy making and limits the participation of citizens
Great Compromise
A compromise at the Constitutional Convention where a bicameral legislature was created: House of Representatives (based on population) and Senate (two seats per state) Was created because:
Large states wanted a representation of their larger population
Smaller states wanted equal representation (as found in the Articles of Confederation)
Electoral College
The choosing of the president
State electors choose the president
The People vote on the presidential candidates
3/5 Compromise
The South wanted their slaves to have representation (more rep.= more power), while the North did not. Resulted in a compromise that states that for every 5 enslaved African Americans, three will count towards representations
Slave Trade Compromise
Slave importation would stop after 20 years, or stop in 1808
Separation of Powers
Each branch has its own powers and jobs
Legislation (Congress) - make laws and policies
Executive (President) - enforce laws
Judicial - interprets laws
Checks and Balances
Based on separations of powers, each branch has the power to check on the other branches to prevent one branch from becoming too powerful.
The president can veto Congress laws
Congress confirms a President’s appointed for the Supreme Court
Amendment Process
As stated in Article V of the Constitution
2/3s of Congress must pass the proposed amendment
¾s of the states must approve ratification
Necessary and Proper Clause (Elastic Clause)
Allows Congress to make laws necessary to carry out their expressed powers
Strengthens Congress
Allows Congress to make laws that are not necessarily stated
Implied powers
Supremacy Clause
When Federal and State Laws conflict, the Federal Law is superior
Commerce Clause
Congress has the power to regulate interstate commerce
Gives Congress much more power
Comes from Article 1, Section 8
Has been expanded to “only Congress” can regulate interstate commerce and anything “affecting” interstate commerce can also be regulated by Congress
10th Amendment
All powers not delegated to the federal government or denied, are reserved for the states/people
Devolution
A movement since the 1980s where power was returned to the state level
U.S. v Lopez
The case between a 12th grader who brought in a gun to school and the government
Lopez argued the federal law was not allowed to pass the Gun-Free School Act and exceeded Congressional power under the Commerce Clause
The government argued possession of firearms affected the economy (Commerce Clause)
Supreme Court ruled in Lopez’s favor
Limited Congressional use of the Commerce Clause
MuCulloch v. Maryland
A case between whether Congress had the power to create a national bank and whether Maryland could tax it, which would interfere with congressional powers
Supreme Court ruled Congress did have the power to establish a national bank under the Necessary and Proper Clause.
Supreme Court ruled that in this case, Congress had the power under the Supremacy Clause
Expanded the power of Congress and established Federal law over State law
The Declaration of Independence
The United States declares independence from Great Britain
Explained why we wanted to cut ties so that everyone knew why
Federalist #10
Madison discusses how to control factions within the government and argues for an extended republic
A representative republic is more effective against partisanship and factionalism
Rebuts principles of direct democracy and factionalism
Points out that an extended republic will allow more representation of different ideas
Federalist #51
Madison discusses how the government will provide separation of powers and checks and balances
It will create a limited government and prevent one branch from becoming too powerful
Talks about compound republic—not only division of power between state and national government, but also within the separate governments
All politicians are ambitious and want power, so there must be checks and balances
Shays Rebellion
A rebellion in Massachusetts due to a monetary debt crisis and economic hardships
Farmers could not pay debts and taxes and the government could not suppress it
Demonstrated weakness in the Articles of Confederation—weak central government
This led to the writing of the Constitution
Poor and indebted were treated unfairly
Thousands rebelled —> courts shut down/federal armory was seize
Fear of uncontrolled rebellion and insurrection (communism)
Strengths of the Articles of Confederation
Congress could declare war
Coin money
Direct the post office
Negotiate with foreign powers
Raise money or soldiers
Request the states provide what was needed
States had a lot of power
Weaknesses of the Articles of Confederations
No compulsory ability to fund debts of policies —couldn’t collect taxes
Can’t regulate interstate or international trade
can’t raise a compulsory army
All states had one vote regardless of population or economy
No executive to carry out laws
No judicial branch to settle disputes
Too difficult to pass legislation or amendments
No central government led to a struggling economy
Shays Rebellion
Territorial Disputes
Economic Recession
The Constitution
The supreme law of the United States
Created after the Articles of Confederation
Outlines the national government system
Elastic Clause v. 10th Amendment
The Elastic Clause states that Congress has the power to make necessary laws to carry out Constitutional purposes (aka implied powers). However the 10th Amendment gives and power that isn’t delegated to the Federal Government to the States.