gov u1

__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