Studied by 0 peoplenatural rights
John Locke: rights that are God given or natural - “such as life,,Liberty&property” - and not provided by governments
popular sovereignty
The people are the source of government power
Social contract
A agreement among the members of society to cooperate for social benefits
Republicanism
Elected representatives make laws and policies for the people
influence on the declaration of independence
John Locke: natural rights, life liberty, property, social contract
Thomas Jefferson: unalienable rights, life, liberty and the persuit of happiness
Declaration of Independence
Provides a foundation for popular sovereignty
Articles of Confederation
Nations First Constitution - 1781 - 1789
Weaknesses: No national power to tax, 1 branch: legislative – no way to enforce laws, 9 out of 13 states to pass a national law, unanimous vote for amendments (or to get rid of it!), States could print their own money, tax each other’s goods
What could National Govt do: Make laws, Declare war (just couldn’t pay for it), Print & borrow money, Sign treaties
Constitutional convention
No Debate: AOC sucks! Lets get rid of it, Representative democracy needed (republicanism), 3 branches of government, National Power to tax
Debate: Federalists (strong central) vs. Anti (weak central, strong state), North vs. South (slavery, counting slaves), Big States vs. Small States (representation in Congress)
Compromises: Electoral College: a system for electing the President based on state electoral votes rather than national popular vote
The great / Connecticut compromise
Representation created a bicameral Congress - a state with equal representation - and the House of Representatives based on population
Bicameralism
Two house legislator, serves as a “ check” on the law making process
3/5 compromise
Counted every five slaves as three persons towards representation and taxation, slave importation legal for 20 years
amendments
2/3 vote of Congress with ratification by 3/4 of the states (federalism)
federalists
Supporting ratification of the Constitution and a strong central government (Hamilton and Madison)
Anti-federalist
Feared a strong central government would lead to tyranny, favored governing on the state and local level (Brutus)
federalist papers
a series of newspaper articles written by Hamilton, Madison, and John Jay in favor of ratifying the constitution
The Constitution
Preamble- Intro, Art 1- legislative, Art 2- executive, Art 3- judicial, Art 4- States, Art 5- amendments, Art 6- supremacy clause, Art 7- Ratification, Amend 1-10Â BORÂ Â Â 11-27
models of democracy
Participatory democracy, pluralist democracy, and Elite Theory
Participatory model
the people influence policy through their political participation
pluralist model
The policy best made through group participation
elite model
A wealthy influence policy
Federalist
pluralist model, mischiefs of factions, three branches of government with a distinct separation of powers will ensure to negate a “ tyranny of the majority”,
Brutus 1
Governing done at the state/local level - closeness to leaders will give people more influence
separation of powers
Listing powers ensures that no branch has too much
checks and balances
A system where each branch can prevent the others from exerting too much power
legislative branch checks
passes laws, can override veto, can impeach, senate confirms presidential appointments, senate confirms treaties, approves budget
executive branch checks
Can be two laws, can suggest laws, must enforce laws, appoints officials, signs treaties, writes budget turn
judicial branch checks
Can declare laws unconstitutional, can interpret laws, can declare executive orders unconstitutional
Impeachment - ultimate check
Process:
1) house of Representatives files & passes “ articles of __________” by simple majority
2) senate holds the trial where a 2/3 majority is required to find guilty
Federalism
Distribution of power between national and state governments
Reserved powers
reserved powers: state powers
concurrent powers
Power shared between the national and state governments
implied powers
Federal powers not listed in the Constitution but “suggested” ( necessary and proper clause)
reserved powers - states 10th Amendment
“ powers not delegated to the United States by the Constitution, nor prohibited by its states, are reserved to the states” states powers
The Supremacy Clause
The US Constitution and federal laws shall be the supreme law of the land - over state laws
Commerce Clause
Congress relegates interstate and international trade - stretched beyond traditional “ trade”
14th Amendment
“ incorporation” bill of Rights applies to state laws/ policies
Implied powers: the necessary and proper clause
article 1 section 8: aka the elastic clause, powered to make all walls necessary and proper for carrying into execution the preceding (not listed)
McCulloch v. Maryland 1819
state of Maryland began taxing Bank of the United States, court ruled Congress had “ implied powers” via the “ necessary and proper clause” to create a national bank, also upheld the supremacy clause - constitution/federal laws > state laws/ policies
Dual federalism
“ layer cake federalism” the national and state governments are supreme and their own responsibilities and do not mix
Cooperative federalism
“Marble cake federalism” the two level share powers and responsibilities - FDR's new deal
Fiscal federalism
Federal government will provide states with funds to influence or carry out federal initiatives,
Grants
Money provide to the states by the federal government
categorical grants
Money with specific conditions attached on how it should be spent
Block grants
a few strings attached, states have flexibility in how they will spend it
Unfunded mandate
Regulation passed by Congress or a bureaucratic agency without adequate or any money to pay for it
US versus Lopez 1995, gun free school zone act unconstitutional
Federal law creating gun free zones near schools - 1990, commerce Clause,
supreme Court ruled that possession of a gun is not an economic activity
Note
Flashcard