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Government

Government

the institution through which society makes and enforces its public policies

Public policies

all the things the government decides to do

public policy ex

• Taxation

• Defense

• Education

• Crime

• Health

• Environment

Legislative power

the power to make law and frame public policies

Executive power:

the power to execute, enforce, and administer law

judicial power

the power to interpret laws, determine their meaning, and settle disputes that arise within a society

Constitution

the body of fundamental laws setting out the principles, structures, and processes of government

Rights:

freedom that you have from government interference

Responsibility

an obligation  that you are required by law to carry out

State

a body of ppl living in a defined territory, organized politically with the power to make and enforce laws

Sovereign

supreme and absolute power within its territory

4 characteristics of a state

1. Population

2. Territory

3. Sovereign

4. Government

Natural rights

rights that people are born with

State of nature

how ppl are w no government involvement

Social contract

agreement between the ppl and their government

thomas hobbes

All men are created equal

john locke

• Life liberty and property

• Right to rebel

jean jaques rosseau

Popular sovereignty

Right to rebel

if the sovereign tries to infringe upon our natural rights he is in violation of the social contract and should be removed

Direct democracy

will of ppl translated into the law directly by the ppl

Indirect democracy (representative democracy)

small group of ppl are chosen by their people to act as their representatives expressing the popular will (aka a reublic)

Republicanism

philosophy of a limited government with elected representatives serving at the will of the ppl

Participatory democracy

emphasizes the broad participation of constituents in the operation of government

Pluralist democracy

political system w more than one center of power

Elite democracy

small minority of the economic elite and major policy planning networks hold the power separate from and independent of democratic elections

Autocracy

government where a single person holds unlimited political power

Oligarchy

a government where power to rule is held by a small, usually self appointed elite

Unitary

all powers held by a single central agency

Confederate

alliance of independent states

Presidential

voters elect the legislature and the chief executive who is part of the executive branch

Parliamentary

voters elect the legislature, chief executive is drawn from the legislature

Ordered government

colonists set up local government modeled on what they had in england

Limited government

government is restricted in what it may do and each individual has certain rights the government cant take away

Representative government

idea that government should serve the will of the people

The albany plan

proposed that an annual congress of delegates from each of the 13 colonies should be formed

First continental congress:

declaration of rights was sent to george 3 also delegates urged colonist to start boycotting british goods

Second continental congress

served as the first gov of the us from 1776  to 1781

Articles of confederation

established a first league of friendship between the states

Shay’s rebellion

rebellion of a group of landless farmers and revolutionary war veterans

Virginia plan

• Developed by madison

• Abolished articles

• Stronger central gov

• 3 branches

• Bicameral

  • House: elected by the ppl

  • Senate: elected by state legislature

• Proportional representation

New jersey plan

• Proposed william patterson

• Did Not abolish articles

• 3 branches

• Legislature appoints executive, executive appoint supreme county

• Legislature unicameral

• Based on equal representation

Hamilton plan

• 3 branches

• Legislators for life

• Members of assembly elected by the ppl

• Basically a king lmao

Connecticut compromise

• Bicameral legislature

  • Senate: equal

  • House: proportional

• Federal bc states retained rights

• Initially rejected but later used for great compromise

Importation of slaves compromise

outlaw slavery in 20 years (1808)

Fugitive slave clause

returned slaves who fled to the north

Article 1: legislative branch

• Power to make law and frame public policy

• Power of purse, taxes and sets budget

• Responsibility to provide for the common defense, promote the general welfare

Article 2: executive branch

• Power to execute, enforce, and administer law

• Preserve, protect, and defend the constitution of the us

• Signs laws, treaties, executive orders, and pardons

Article 3: judicial branch

• Power to interpret the laws, determine their meaning,and settle disputes that arise within society

• Judicial review

• Protects the constitution bc its the supreme law of the land

Article 4: relations between states

• Amendment: change or addition to the constitution

  • 2 ways, informal and formal

• Formal amendment: proposed by state legislation, approved by ppl, congress places 7 yr ratification deadline on it

• Informal amendment: not actual amendments but like unspoken rules

Article 6: the constitution is the supreme law of the land

• Supremacy clause: all laws made furthering the condition and all treaties made under the authority of the US are the “supreme law of the land”

• State law cant supersede federal law

Article 7

9/13 states must ratify the constitution for it to go into effect

formal amendment methods

proposing:

• ⅔ vote of each congress house

• national convention

ratification:

• state conventions in ¾ of states

• ¾ state legislation

informal amendments

• Supreme court decisions: SCOTUS interprets and applies the constitution

• Custom: unwritten custom may be as strong as written law

• Party practices: government conducts their business on a party basis

Federalists argued

1. Government needed more power

2. Divided power between 3 branches

3. Single person executive

4. Solved specific problems by most newspapers

Antifederalists argued

1. No guarantee of personal rights

2. States didn’t have enough power

3. President may become king

4. Liberties gained would be lost

Federalist 10

• Argued the best way to prevent factions was to create a republican form of government

• Factions will always exist and there is no way to prevent them

• Republic the closest we can get to controlling factions

Brutus 1

• Congress will get to make any laws they want and the laws will be to benefit the leaders

• States will not longer be a confederation but a republic

• Supremacy clause gives opportunity for the president to act as a king

8 basic principles of the constitution

1. sovereignty

2. majority rule minority rights

3. limited government

4. rule of law

5. judicial review

6. federalism

7. checks and balances

8. separation of powers

Majority rule with minority rights

the majority of the people will be right more often they they will be wrong, but the majority will respect the rights of the minority

Judicial review

the power of the courts to determine whether or not that what the government does is in agreement with what the constitution provides

Federalist 51

Argues for separation of powers and outlines a means to created check and balances

Federalism

mixed or compound mode of government that combines a general government with regional governments in a single political system

Division of power

central and regional governments share certain powers

Exclusive powers

powers held exclusively by one of the two sides

Concurrent powers

powers that both sides have some control over

Exclusive federal powers

• Coining money

• Regulating interstate and foreign commerce

• Regulating the mail

• Declaring war

• Raising armies

• Conducting foreign affairs

• Establishing inferior court

• Establishing rules of naturalization

concurrent powers

• taxation

• Lawmaking and enforcement

• Chartering bakes and corporations

• Taking land for public use (eminent domain)

• Establishing courts

• Borrowing money

exclusive state powers

• Conducting elections

• Establishing local governments

• Providing for public safety, healthy, and welfare

• Maintaining militia

• Ratifying constitutional amendments

• Regulating intrastate commerce

14th amendment

no state shall make or enforce any law which shall abridge the privileges or immunities of the citizens of the US; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws

McCulloch v maryland

• Congress chartered a second bank of the united states

• Maryland really didn't like this so they decided to tax it really badly

• 1st time supremacy pulled out he supremacy clause

• Redefined necessary to mean “appropriate and legitimate”

• Legitimized necessary and proper clause

• Created the idea of implied powers

• Necessary and proper clauses and supremacy clause used

• Took rights away from the states

US v Lopez

• Lopez was a senior in hs bc he carried a concealed weapon to his highschool

• Commerce clause

• And you can't recharge the state stuff so he didn't get in trouble

• Gave more power back to the states

Categorical grants

may be spent only for narrowly defined purposes and recipients often must match a portion of the federal funds

Project grants

grants given by the govt to fund research projects

Formula grants:

provide funds as dictated by law

Block Grants

large grants provided from the federal government to state or local gov for use in general purpose

Earmarks

explicitly specified in appropriations of congress

Federal mandate

used to induce “responsibility, action, procedure, or anything else that is imposed by constitutional administrative, executive, or judicial action” for state/local gov and/or private sectors

Unfunded mandate

statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements

Bill of rights

ensures protection of basic liberties

1st amendment

freedom of religion, speech, press, assembly, petition

2nd amendment

bear arms and states may keep a militia

3rd amendment

prevents quartering

4th amendment

prevents unlawful searches and seizure

• Police must obtain warrants

• Evidence gained illegally cant be used

5th amendment

right to remain silent

• Due process: innocent until proven guilty

• Can't arrest ppl w/o telling them why

• Can't be forced to be a witness against yourself

6th amendment

right to a speedy and public trial

7th amendment

right to a civil case w a jury

8th amendment

punishment one

• punishment must fit the crime ( no obscene punishment for a small crime and vice versa)

• No excessive bails or fines

• No cruel or unusual punishment

9th amendment

unenumerated rights

• Still have rights not explicitly listed in the constitution

10th amendment

powers reserved to the states

• Anything not given to the national government gets given to the states