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Limited government
a government cannot be absolute and it must represent the people’s interest and will - allowed through freedom of speech, assembly, and voting
social contract
an implicit agreement among society to give Up some freedoms to maintain social order
natural rights
certain rights that cannot be taken away
three rights mentioned as unalienable in the Dec. of independence
life, liberty, pursuit of happiness
popular sovereignty
people give power to the government. the government is legitimate through consent ( voting) of the governed
republicanism
government should be based on consent of the governed, indicidual rights, civic virtue, and the common good
elite democracy
limited participation in government decisions from specialists only to prevent unwise decisions
pluralist democracy
interest groups pitch their ideas to the government to make sure the will of the people is represented. Competition between interest groups ensures no one group dominates
participatory democracy
broad, individual participation. Not viable for a big population according to the framers.
federalist 10 argues for
pluralist democracy
articles of confederation
- Outlined the first government
- Government granted a lot of power to the states and not the central government because of worry about centralized power (King George)
-ratified 1781
Weaknesses of the aoc
- Only one branch of federal govt (congress)
- No president and no federal court
- Congress had no power to raise revenue through taxes - Congress had no power to raise an army
- Each state had 1 vote in congress regardless of size
- Congress can’t regulate foreign/interstate commerce
- Amendments to the articles of confederation needed a unanimous vote
- Laws required 9/13 vote to be passed
how did shays’ rebellion highlight key weaknesses of the articles
- Revolutionary war vets were not getting paid by congress since congress couldn’t raise tax revenue
- No national army to keep the revolution at bay
- The federal government needed more power
The weaknesses highlighted in Shay’s Rebellion led to
the Constitutional Convention in 1787
- Argued for ratification of constitution
- Written by James Madison
- Addresses the dangers of factions
- Addresses how to protect minority interest groups in a nation that’s ruled by majority
- Says that a large republic would prevent dominating factions from taking control
federalist 10
dissent to federalist 10:
Anti-federalists believed that multiple factions can’t possibly make a union.
- Anonymous author
- Argues against ratification of constitution
- Critiques and questions the constitution
- Claimed that the national government had too much power in the constitution ( necessary and proper clause & supremacy clause)
- Army could prevent liberty
- Federal Representatives may not be truly representative of the people’s will
brutus 1
dissent to Brutus 1:
the federalist papers which tried to answer ?s
the great compromise included
the VA plan and the NJ plan and ultimately had the house of reps with the VA plan and the Senate with the NJ plan in Congress (bicameral legislature)
NJ plan
- One vote in congress per state (favors smaller states over bigger states)
- Unicameral legislature
VA plan
- Amount of Congress representatives decided by population of state (favors bigger states over smaller states)
- Bicameral legislature
what was the three-fifths compromise
the compromise where an enslaved person would count as three-fifths of a person for both representation in the HOS and taxation
what did the north states say about the three-fifths compromise
enslaved people should NOT count because if they count for representation, they should count for taxation too - more taxes!
what did the south states say about the three-fifths compromise
wanted them to count for representation but didn’t want to give them rights
what did the abolitionists say about the three-fifths compromise
did not want them to count for representation without rights as that would encourage the slave trade
what was the electoral college compromise
a system where each state is given the same number of electors as they have representatives in Congress, and the electors put the president in office after considering the general election held in the state.
what were the two sides for the electoral college debate
one side believed all who are eligible (white men w/ property) should vote, one believed that representatives should decide based on a popular vote
what was the slave trade compromise
the slave trade would be untouched but regulated by the natl govt until abolition in 1808
what did the north think about the slave trade debate
wanted nationwide and export tariffs to support revenue for the national government
what did the south think about the slave trade debate
they wanted to continue profiting from importing African slaves and did NOT want the natl govt involved
what was the bill of rights compromise
the federalists decided to add a bill of rights to make the anti federalists happy, as they were worried about natural rights
what is the process of proposing an amendment to the constitution
proposed by a vote of ⅔ of both houses in congress - OR proposed by national convention requested by two thirds of all state legislatures
what is the process of ratifying an amendment to the constitution
Proposed to ratify by a vote of ⅔ of both houses in congress - OR proposed to ratify by national convention requested by two thirds of all state legislatures
federalist 51 talks about
how the government needs to limit man’s ambition, limited government, seperation of powers, checks and balances
seperation of powers
divide powers among three branches to counteract ambition (Congress is powerful so it is further divided into two). Important to prevent concentration of power/ corruption and also to protect individual liberties
checks and balances
each branch of government guards it’s own power and keeps the others in check (no branch has supreme power)
branches of government
judicial, executive, legislative
judicial branch
Supreme Court and federal courts across the nation, has the power to interpret constitutionality of laws
executive branch
President and bureaucracy, has power to execute/enforce laws
legislative branch
Congress (two houses, senate and house of representatives), power to propose and make laws, has to represent the people of various states
10th amendment
if a power is not explicitly given to the federal government in the constitution, it is a power reserved for the states
14th amendment
citizenship and equal civil rights for African Americans (especially those emancipated after the civil war), promised “equal protection of the law” to all citizens (except Native Americans)
when was the 14th amendment
1868, after the civil war
commerce clause
gives Congress power to regulate movement of goods, services, and people ACROSS state lines - means that when any thing is concerning multiple states, the federal government can get involved.
necessary and proper clause
gives congress implied powers and allows them to make any law if it is for the purpose of executing justice
supremacy clause
federal law overrides state law. Constitution is the supreme law of the land. States must follow the federal law even if it contradicts the state law.
expressed powers (enumerated powers)
powers directly expressed or stated in the constitution by the founders for the federal government
implied powers
powers granted to the US Govt that are not explicitly stated in the constitution
reserved powers
powers that the state have but the federal government doesn’t
where is the due process clause found
5th amendment in the bill of rights 1791 AND the 14th amendment from 1868
due process in the 5th amendment:
requires that the federal government must provide due process before depriving anyone of their life, liberty, or property
due process in the 14th amendment:
granting citizenship to all people born or naturalized in the US and ensuring equal protection under the law for all citizens, despite existing state laws; including due process
revenue sharing
the federal government collects taxes and distributes some of the money back to the states (law)
mandates
the federal government requires states to follow federal directives and gives money towards the carrying out of the mandate
categorical grant
federal money distributed to states who meet specific federal standards (specific congressional guidelines you have to follow if u want the money) and that has to be used in a certain way
block grant
large sums of money given for some larger purpose to the states with no strings attached - unlike categorical grant
concurrent powers
powers given to both federal and state governments
print money
enumerated power
establish a post office
enumerated power
provide an army and navy
enumerated power
make laws that are necessary and proper to carry out powers
enumerated power
spend money for general welfare
enumerated power
make copyright laws
enumerated power
decide what units of measurement to use
enumerated power
make treaties and deal with foreign countries
enumerated power
declare war
enumerated power
make rules about trade between states and nations
enumerated power
print money
enumerated power
protect public health and safety
concurrent power
collect taxes
concurrent power
build roads
concurrent power
borrow money
concurrent power
establish courts
concurrent power
make and enforce laws
concurrent power
issue driver’s and marriage licenses
reserved powers
conduct elections
reserved power
establish local governments
reserved power
make rules about business inside a state
reserved power
use any power the Constitution doesn’t give the federal government or deny to the states
reserved power
charter banks and corporations
reserved power
run public schools
reserved power
provide police and emergency vehicles
reserved power
exclusive powers
powers given to the US government alone by the constitution
fiscal federalism
the financial relationship between different levels of government, specifically how taxing, spending, and regulatory powers are divided between federal, state, and local governments.
unfunded mandates
the federal govt sets a mandate (direction) to the states but gives no funds to help states comply
unfunded mandates reform act 1995
severely curtailed the federal government’s ability to issue unfunded mandates
the sharing of power between federal and state govts
shifts over time
unitary system
a system in which sovereignty is wholly in the hands of the national government so that subnational political units are dependent on its will
initiative
a procedure allowing voters to submit a proposed law to a popular vote by obtaining a required number of signatures
referendum
a vote in which all the people in a country or an area are asked to give their opinion about or decide an important political or social question:
faction
a group of people who seek to influence public policy in ways contrary to the public good
dual federalism
a constitutional theory that the national government and the state governments each have defined areas of authority, especially over commerce
democracy
a political system where the people are said to rule, directly or indirectly
devolution
the current effort to scale back the size and activities of the national government and to shift responsibility for a wide range of domestic programs from Washington to the states
nullification
a theory first advanced by James MAdison and Thomas Jefferson that the states had the right to "nullify" a federal law that, in the states' opinion, violated the Constitution
representative democracy
a political system in which leaders and representatives acquire political power by means of a competitive struggle for the people's vote
when was the constitutional convention
1787
when were the aoc ratified
1781
john locke
an Enlightenment philosopher who argued that people are born with "natural rights" that include "life, liberty, and property" and if rulers betray the social contract, the people have a right to replace them
grants-in-aid
federal funds provided to states and localities