unit 1: DOI, AOC, constitution, federalism

John Locke's philosophy

natural rights: inalienable rights that cannot be removed

social contract: people give their governments the ability to rule over them in exchange for an orderly and functioning society

declaration of independence

written by Thomas Jefferson, declaring independence from Britain

popular sovereignty

a governments right to rule comes from the people

hofstadter on the founding fathers

believed humans were selfish, untrustworthy, and driven by self-interest

tocqueville's perspective

majority rule could become tyranny of the majority

majority could silence minorities, discourage dissent, and enforce conformity

democracies repress through social pressure and conformity

participatory democratic theory

widespread participation in politics is key

civil society groups

independent associations outside of the governments control

pluralist theory

emphasizes the role of groups in policymaking

ex: National Legal Foundation, ACLU, NRA

elitist theory

small group of people who control the government

totalitarian

no limits on gov power

authoritarian

no limits on gov power

constitutional republic

voters elect representatives for policymaking, rather than voting on the laws directly

articles of confederation

a governing document that created a union of 13 sovereign states in which the states, not the nat gov, were supreme

AOC limitation - no exec branch

no central authority to enforce laws, states could ignore policy

AOC limitation - no judiciary

no courts to resolve disputes, boundaries in trade remain unsettled

AOC limitation - unicameral legislature

only 1 chamber of Congress (1 state = 1 vote)

9/13 states needed to pass laws + all states required to amend = gridlock

AOC limitation - no power to tax

states ignored requested funds → debt crisis, no stable revenue stream

AOC limitation - no power to to regulate commerce

states imposed tariffs on each other's goods

foreign nations could exploit trade divisions (ex: Britain flooded US with cheap goods)

AOC limitation - military weakness

no standing army, could only raise troops via volunteers but no one volunteered

vulnerable to internal uprisings + external threats

AOC limitation - currency problems

states printed their own currencies

multiple currencies = inflation, confusion, lack of trust in money

annapolis convention

meeting in maryland were too few state delegates showed up to address problems of trade and comerece under AOC

Hamilton + Madison called for a larger meeting

shay's rebellion

former continental army captain Daniel Shays led farmers with crushing debt, high state taxes + unpaid veterans from the Revolutionary war to shutdown courthouses to prevent farm foreclosures

slow government response under AOC with no standing army or funds to intervene

displayed the need for urgent reform

constitutional convention

55 delegates from 12 of the 13 states met to fix the AOC, created the constitution

Washington was selected as the president of the convention

Madison became the informal reporter

Article 1

establishes the legislative branch

Senate + House

congress has the right to declare war, tax, spend

commerce clause: regulates interstate and foreign commerce

necessary and proper clause: congress can make laws needed to execute powers

commerce clause

congress can regulate interstate and foreign commerce

article 1

necessary and proper clause

congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

house of represenatives

initiates revenue (tax) bills

brings impeachment charges w/ majority vote

senate

ratifies treaties w/ 2/3 vote

confirms prez + judge appointments

convicts and removes prez and judges w/ 2/3 votes

habeas corpus

the right to be brought before a judge

ex post facto laws

a forbidden law that makes something a crime after it was already done

bills of attainder

a forbidden law that punishes without trial

eligibility for the House

at least 25 years old, 7 years citizen, lives in state

number of rep depends on population size

eligibility for Senate

at least 30 years old, 9 years citizen, lives in state

2 senators total

house term limits

re-elected every 2 years

senate term limits

serves every 6 years, staggered over 2 year shifts

ensures consistency in policymaking

article 2

establishes the executive branch

president is the commander in chief of armed forces

breaks ties over the Senate

vetoes laws from congress

appoints federal judges

president requirements

natural born citizen, at least 35 years old, 14 years of residency

electoral college

electors awarded to states based on their representation in Congress

each state receives 2 electors plus one for each member of the House

article 3

establishes the judicial branch and the Supreme Court

resolves disputes + interprets laws

can declare prez actions to be unconstitutional and can strike down laws

article 4

the relationship between states and fed

full faith and credit clause: states must respect the laws/records of other states

article 5

outlines the amendment process

proposal of an amendment:

passed 2/3 in the House and Senate OR passed in a national convention by 2/3 of the states

ratification of an amendment:

majority vote in 3/4 of state legislatures OR acceptance by ratifying conventions in 3/4 states

article 6

the article establishes the constituition as the supreme law

supremacy clause: federal laws > state laws

supremacy clause

federal laws/courts are the law of the land and uplayer and state laws

article 7

ratification process of the constitution w/ 9/13 states

Virginia Plan

proposed by James Madison @ the Constitutional Convention

representation based on population, favored larger states

the New Jersey Plan

proposed by Roger Sherman @ the Constitutional Convention

each state would get 1 equal vote in the legislature, favored smaller states

The Great Compromise

the house is elected by citizens with the power of the purse

the senate is elected y state legislatures (2 senators per state) with broader powers over commerce + ability to make laws

three fifths compromise

a slave would count as 3/5 of a person for the purpose of represenation

could not vote but numbers would boost the influence of slave states, helping Southern states gain more clout in the House

compromise on importation

congress would not be allowed to restrict the slave trade until 1808

slaves who had escaped must return to owners regardless of individual law

federalists vs antifederalists

federalists supported the constitution while antifederalists were against it

federalists

supported the constitution

wealth demographics

wanted strong national government, scared of the majority/factions

Washington, Ben Franklin, Alexander Hamilton, James Madison

faction

group of self-interested people who use the gov to get what they want, trampling over others in the process

federalist no 10

written by james madison

prevent factions from forming with a large republic

delegate power to representatives

federalist no 51

written by james madison

key to preventing tyranny was a system of separation

antifederalists

against the constitution

wanted stronger state governments, scared of fed oppressing rights of states and people

middle class, lower rural demographics

Patrick Henry, Samuel Adams, George Clinton

brutus no. 1

antifederalist paper

argued that country was too large to be governed by a republic

the constitution gave too much power to the national government

concerned military could destroy liberty via war

bill of rights

the first 10 amendments made to the US constitution adopted to satisfy antifederalist backlash

first amendment

grants fundamental freedoms: religion, speech, press, assembly, petition

second amendment

grants right to bear arms

third amendment

bans quartering of soldiers: gov cannot force citizens to house soldiers

fourth amendment

grants freedom from unreasonable search and seizure

warrants must be granted on probable clause

fifth amendment

grants the rights of the accused

grand jury

no double jeopardy - cannot be tried for the same crime twice

right to remain silent

due process is granted

eminent domain: gov must compensate fairly if taking private property

sixth amendment

grants criminal trial rights

right to know charges

right to confront witnesses

right to an attorney

seventh amendment

grants civil trial rights

right to trial by jury

eighth amendment

bans excessive bails, fines, cruel punishments

ninth amendment

grants rights retained by the people - people have rights beyond those listed in the constitution

tenth amendment

establishes that powers not delegated to the fed gov are reserved to the states or the people

thirteenth amendment

abolishes slavery

fourteenth amendment

establishes that states must provide equal protection to all + guarantee due process

fifteenth amendment

establishes that the right to vote cannot be denied on account of race

nineteenth amendment

granted women's right to vote

unitary systems

one central gov exercises authority over the subnational govs

confederal systems

subnational gov has more power than nat government

federal systems

power is divided between the states and national gov

enumerated/expressed powers

powers granted to the national gov in the constitution

exclusive powers

powers only the national gov may exercise

ex: coin money, declare war, raise and support an army

reserved powers

rights retained by states

concurrent powers

national and state authority overlap

extradition

officials in one state returned. defendant to another state where a crime was committed