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John Lockes social contract theory
An agreement in which the government promises to protect the natural rights of people
what were the 4 principles of government
natural rights, social contracts, popular sovereignty, and republicanism
natural rights
things derived from the creator granted to all people which can be seen in John Locke's two treatises which states similar ideas to life, liberty, and property
social contract
humankind surrenders most extreme rights to self preservation so they can enter into a commonwealth to protect natural rights
popular soverignty
If all members of the commonwealth are equal in natural rights, then all retain power. Decisions are made about actions of the state via consent of the governed
republicanism
the consent of the governed is expressed via regular elections appointing representatives by the electorate; the idea that the people do not participate directly in the government but rather through representatives and proxies
what are the 3 democratic theories of a representative democracy
participatory, pluralist, and elitist
participatory
policymaking institutions are influenced by citizens directly (less filtered, more personal) (voting, jury duty, and attending local meetings)
pluralist
a form of representative democracy in which power is distributed among many different interest groups, rather than being concentrated in the hands of a few elites.
elitist
policymaking institutions are influenced by the wealthy and powerful (more filtered, less personal)
what were some of the questions that were brought up in the debate between federalists and antifederalists
representation, taxation, delegating effective powers, balancing interests, order vs. liberty
unitary
All power is invested in one government and power; British government; power is delegated from god and is granted to a centralized government; most or all governmental power is concentrated in a single, centrally located government
what was the unitary system of government considered by the colonists
considered tyrannical because the colonists were not granted representation in parliament
madisonian system of government
separation of powers, checks and balances, federalism, and Selection of government offices beyond direct control of majority
federal government
power is delegated from the people, and Limited power granted independently to state and national governments; both elitist and pluralist and establishes the madisonian system of government; government power is split between a strong but still limited central government, and a number of powerful and independent but still joined regional governments;
confederate
Power is spread out into different regions or state and sharing power in a centralized location; power is delegated from the people. power is granted to state governments; government power is spread out amongst a number of powerful, semi
why is a confederacy ineffective
Different government structures create infighting and class infighting
what happens after the British government is rejected
the colonies are left in a. state of not government, and Each state comes up with its own constitution or treaty which is then made into the Articles of Confederation
constitution
The basic principles and laws of a nation, state, or social group that determines the powers and duties of the government and guarantee certain rights to the people in it
treaty
a contract in writing between two or more political authorities (such as states or sovereigns) formally signed by representatives duly authorized and usually ratified by the lawmaking authority of the state.
what are things left to the state sovereignties even after the articles of confederation that they had before?
Legislation passed with 2/3rd in congress; one vote per state Amendments need 100% support in congress and 100% support from state legislatures Money cannot be forcibly collected from states Standing armies cannot be raised without support from state Cultures, economies, and politics of individual states limitedly impacted by national body Concern about tyrannical central government (which is why it's so strict)
why do the articles fail
No compulsory ability to fund debts or policies Cannot regulate interstate or international trade Cannot raise a compulsory army All states had one vote regardless population or economy size No executive to carry out laws No judicial branch to settle disputes between states Too difficult to pass legislation or amend the articles
what were the names of the events that happened between the close of the revolutionary war and 1787 that frightened the elites of several states to want change
shays rebellion, territorial disputes, and economic recession
shays rebellion
MA constitution reflected elite, merchant interests over mostly poor and indebted yeoman farmers Several thousand individuals from mostly western towns shut down courts and tried to seize a federal armory Fear that class insurrection would spread through states A farmer that is in debt with his land due to being a veteran and leads a group of men against the government
territorial disputed
Frustration between land speculators and settlers bring states to threats of war Yankee Pennamite War in Northwest Pennsylvania Settlement of Vermont by Green Mountain Men Land disputes in georgia led to illegal speculating on Native lands
economic recession
States pay back debts wealthy American and foreign investors at different rates, which throws economy into turmoil Trade with British stagnates, threatening economy Poor veterans paid in deeds to land often sell deeds for depreciated value to maintain financial obligations
what were the 4 main compromises made at the convention
the great compromise, electoral college, the 3/5 compromise, and the importation of slaves compromise
the great compromise
Large states preferred representation of their population via counting people in a census or by tax receipts Small states preferred equal representation as featured in the articles Created a Bicameral Legislature House of Representatives by population selected by the people Senate features 2 seats per state to be selected by legislature Structural checks Only office elected by people in the house (until 17th amendment) Congress will be most tyrannical, intrabranch check in bicameralism requires unity in passing bills
the electoral college compromise
Created a single executive with robust expressed powers for effective execution of law Restraint via elections every four years without term limits until passage of 22nd amendment Fearful that a democratically elected executive would be tyrannical States select a method of appointing electors for the office of the presidency Some states appointed electors from the state legislature; some selected via popular election By 1828, method settled on elections Electors apportionment determined by number of representatives and number of senators Electors vote for president within electoral college; send votes to congress to be counted House breaks tie for president; senate for VP Structural check: Selection of president is not done by the people; instead by a body of representatives Only office with national constituency
the three fifths compromise
Northern states: did not want representation for enslaved african americans Chattel slaves did not vote Over
importing slaves compromise
Congress cannot ban the slave trade until 1808; Northern states: pass legislation that seek to terminate enslavement in future Abolitionist concerns of Quakers, et al Geography does not justify enslaved work force Legal action to terminate systems of enslavement Increase of enslaved persons will increase political power for south Border southern states: have large population Frequent threats to insurrection via slave revolts Tobacco not as lucrative; changing to gain crops Do not desire to increase proportion of enslavement via importation Enslaved persons escape without the ability to recover enslaved persons Growing domestic market for the sale of enslaved persons Deep southern states: more reliant upon enslaved persons for production of rice and indigo Concerns over slave revolts and fugitive enslaved persons Demand for enslaved to clear western lands
what are the 2 main steps for the amendment process
proposal and ratification
what are the steps in the proposal process of the amendment process
national level → US congress → national convention (⅔ votes)
what are the steps in the ratification process of the amendment process
state level → state legislatures → state conventions (¾ vote)
what do amendments attached by states represent
unresolved interests that were necessary for ratification
how did the bill of rights come to be
8 of the 12 ratifying states forwarded 210 proposed amendments Compromise was struck by proposing and ratifying 10 amendments known as the bill of rights
what is in the bill of rights
The first 8 are rights bearing for individuals The last two are reservations of power for states and individuals, respectively
what does congress do to check the executive branch
Can override a presidential veto with ⅔ vote in both houses
power of the senate to check
the power to try any impeachment (interbranch check) and may approve/disapprove the president's nominations for Federal offices; may approve/disapprove the president's nominations of judges and justices for the supreme court and federal courts; may approve/disapprove treaties that the president has negotiated
how does the president counter the legislative branch
Can veto legislation approved by both houses of congress As civilian commander in chief, exercises supreme control in the operations of the armed forces as a counter to congress's power to declare war
how does the judiciary branch counter the legislative and executive branch
Can determine the laws of congress are unconstitutional Can determine the actions of the president are unconstitutional
what are access points associated with separation of powers
opportunities or places where stakeholders and institutions can interact with parts of the government
what are the pros and cons of having multiple access points to the government
Pros: the people can create action Cons: can create a gridlock between the branches and nothing gets done
what are the access points for congress
Meet with a member to discuss the impact of congressional actions/inactions on your people or group Elect members of congress who share your interests Join an interest group who the member of congress supports Donate money to the reelection campaign of a member of congress Get the attention of congress through dramatic actions captured by media
what are the access points to the president
Meet one on one with the president to express your interest/concerns Donate money to the reelection campaign of a president
what are the access points for the federal courts
Submit amicus curiae briefs to influence a court's opinion Stage large protests in front of the supreme court building
federalism
the relationship of power between federal and state governments Powers delegated to the national government
what are some powers delegated to the states. what happened to powers over time
Matters of education, health, marriage, issues regarding "morality" and "police powers" Legal age to consume alcohol, gambling or whether a state has a lottery would fall under Morality Over time states took on more responsibilities as we grew Crime and penalties, what time bars must close, restaurant food safety/cleanliness, noise abatement, traffic laws, boating rules, sale of pharmaceuticals, adoption rules
what are some concurrent powers
Levy taxes: some states have their own income taxes, most have sales tax Maintain roads and thoroughfares: interstate highways (federal) and local streets (state) Create courts Borrow money
what are the obligations of the states to the federal government and to each other
Full faith and credit: means that official documents, like marriage licenses, divorce papers, birth certificates, and drivers licenses are valid in all states Privileges and immunities: prevents states from discriminating against citizens of other states. A texan visiting california would pay the same taxes and receive the same police protection as a citizen of california Extradition
extradition
if a crime is committed in another state, that state is required to return you to the state from which you're from
revenue sharing
the federal government collects taxes and distributes some of the money back to the states (AKA cooperative federalism)
what does revenue sharing do towards the states
Used to control states: If State X doesn't do this, the federal government will not add money to the state's project Devolution: depending on a president's agenda or the political climate, revenue sharing has been expanded, been consolidated, or given back to the states to control
mandates
federal money requiring states to follow a federal directive (rules). Compliance leads to the "reward" of funding. Unfunded mandates require states to comply but without any funding to do so
what are the 2 main types of grants
categorical and block grants
categorical grants
money to state that is accepted with strings attached (specific congressional guidelines). Spending is unusually connected to specific areas of need → state healthcare, road construction, elder care
block grants
Offer larger sums of money for some larger purpose (education, community development, etc) without strings attached like categorical grants
what are some societal changes that led to distribution of power between the national and state governments
Congress did little regulation of commerce. Dual federalism, sometimes described at "layer cake" federalism was the norm until the mid
what are the 4 major characteristics of a state
borders, population, government, sovereignty
borders
a state, or country, must have clearly defined and recognized boundaries or borders (AKA territory)
population
a state, or country, must have a population. (AKA people)
government
a state, or country, must have an independent government that has no (or extremely limited) responsibility to any other, superior governing body
sovereignty
only the government chosen or accepted by the people has authority over the people and that territory
what are the 5 different types of decision making that can be mixed and matched
absolute, limited; single person, small group, and large group
capitalism
AKA Laissez; Characterized by few government regulations and a high degree of individual economic and financial freedom or independence for citizens
socialism
the public or government should own the most important means of production; Characterized by high levels of government regulation of most industries or businesses outright government ownership of others (purpose is to increase equality of outcome)
communism
ommunal ownership of all resources and industries; Theoretically only those who know what best to do with each resource can decide what to do with it (in practice means government ownership of all resources and industries to ensure equality of all outcomes)
fascism
government ownership of key industries and resources; Characterized by high levels of government regulation (theoretically to ensure national supremacy or success by ensuring the most efficient use of resources possible)
what did the decleration of independence do
Not a governing document and was not ever intended to It laid out what the founders believed to be the principles of good government and exactly how the British government was falling short
what are the 3 parts that the declaration of indpenedance divided by
Explanation of what they're doing and list of rights List of grievances Declaring independence
the articles of confederation
created by the second continental congress and they settled on this... a central government, the continental congress, conducted all foreign policy Could only make decisions through unanimous consent of the delegated from all 13 states (1 state = 1 vote) The State governments controlled almost all other aspects of government
what were some strengths of the articles of confederation
Unified the colonies for the war effort Showed americans and the states that they could cooperate to achieve a goal Created the effective procedure for governing the new western territories and admitting new states to the country
what are some weaknesses of the articles of confederation
Inability to tax or otherwise raise funds Inability to regulate interstate commerce No executive No rational court system 1 state = 1 vote Amendments required unanimous consent
what are some historical influences of the founders
enlightenment and age of reason, English common law, judo
what was the conflict regarding the legislature
Side 1: unicameral, equal representation Side 2: bicameral, proportional representation
what was the compromise regarding legislature
bicameral; Upper house (senate)
what was the conflict regarding the executive
Side 1: executive committee, serves 1 year, appointed by the legislature Side 2: 1 person, different proposals for terms, elected by states or by special delegates
what was the compromise regarding the executive conflict
independent executive serves 4 year terms, elected via electoral college, limited powers
what was the conflict regarding how to count slaves towards population
Side 1: fully count all slaves in a state towards that states population Side 2: don't count slaves towards a state's population since they can't vote
what was the compromise regarding how to count slaves towards population
⅗, in other words 3 out of 5 slaves counted towards that state's population for the purposes of representation and taxation Important to note, this was done as the best the northern (free) states could do to limit the power of slaveholding without starting a civil war
what was the conflict between the judicial branch
Powers of state v. federal government, location of the capital, length of congressional terms, number of presidential terms, other executive positions
what are the 7 basic principles the framers based the new constitution on
popular sovereignty, limited government, seperation of powers, checks and balances, federalism, republicanism, individual rights
popular sovereignty
a relatively new idea at the time, government's power comes from the people, the power of the people
limited government
the idea that the government must also obey laws and has specifically designated powers and rights and responsibilities
separation of powers
no one part of the government would have all the powers of the government
checks and balances
each branch of the government has the power to stop or check the other branches
individual rights
the idea that all people have rights that are their own and do not depend on membership in any particular group
US Constitution section 1
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
section II
the house: 2 year terms 25 years at least Citizen for 7 years Live in that state Can impeach Choose speaker and officers
Section III
senate: 6 year term 1 senator → 1 vote Elects ⅓ every 2 years At least 30 years old 9 years citizen Inhabitant of the state VP is president of the senate Only tie breaking vote Choose their own officers President Pro Tempore The person that steps up if there is a tie and the VP has to vote or if the VP is not there Can try impeachments Sworn in like a criminal case Anyone can be impeached in the federal government but when the president is impeached the Chief Justice has to reside ⅔ must vote guilty to impeach
section IV:
States can set rules for elections unless the federal government says otherwise
section VI
Get paid Limited criminal immunity while in session Free speech and right to not get questioned on speech or debate
section VII
House is in charge of taxes Schoolhouse rock i'm just a bill 10 days (w/o sundays) time limit becomes a law Pocket veto: if congress passes a bill and it gets to the president's desk a few days before it is adjourned for the year then if the president doesn't sign it before that it becomes a "dead" bill and ceases to exist
Section VIII
powers of congress: Enumerated powers: Explicitly laid out powers Implied powers: powers that are implied Lists senate powers Congress runs washington DC Necessary and proper clause
section IX
Set the buffer zone that said that congress couldn't stop the importation of slaves up until 1808 Habeas corpus States cannot tariff products from each other Appropriation process
section X
reserves foreign policy to federal government
10th amendment
any powers not given to the federal government are reserved for the states or the people
14th amendment
grants citizenship to all people born or naturalized in the US, and protects citizens from discrimination and arbitrary government action
necessary and proper clause
gives Congress the power to pass laws that are necessary to carry out its other powers.
McCulloch v. Maryland
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
Note 
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