Foundations of American Democracy

DOI

natural rights, social contract-give up freedom for gov, pop sovereighty-consent of governed, limited gov-gov job to protect its people

constitution

seperation of powers-three branches(judicial, legislative, executive), checks and balences-branches are =, federalism-states and gov have dif powers, republicanism-elect ppl that govern

types of governments

participatory, pluralist, elite

participatory

states free to decide to allow direct citizen involvment, ratification debates(fed v anti-fed) anti fed feared to many ppl with dif views and favor smaller gov

pluralists

compromise w/ wide range of competing interests, ratification (constitution)

elite

elect representatives who represent their beliefs, determine president

federalists #10

hamilton support, john jay, madison wrote

federalists paper (fed #10 inside it)

want new constitution, big gov bad, factions created so it will be = in power and prevent tyranny, anti fed argue small unit of gov help gov understand its people better

problems with articles of confederation

anti fed like, each state had own gov, no central military, no executive branch, no ability to tax ppl, no national court system, cant regulate interstate commerce(states cant interact w/ each other), no power to coin $-each state own money system, (shays rebellion ends it)

constitution created, what in it

bicameral legislater=senate/house of rep, compromises in it=great compromise, 3/5th compromise, BOR, electoral (president) college, amendment process=1. formal amendment process 2. informal amend process

constitution articles

Article I: legislative power (Congress)

• Article II: executive power (the President)

• Article III: the judiciary

• Article IV: full faith and credit clause

• Article V: amending the Constitution

• Article VI: supremacy of the Constitution

• Article VII: ratification of the Constitution

Bill of Rights

Amendment I: Freedom of religion, speech, the press; right of assembly, right to petition

• Amendment II: Right to bear arms

• Amendment III: No quartering of troops

• Amendment IV: Protection against unreasonable searches and seizures

• Amendment V: Right to a grand jury; protection against double jeopardy; protection against

self-incrimination; eminent domain

• Amendment VI: Right to a speedy trial with an impartial jury; right to confront witnesses;

right to counsel

• Amendment VII: Right to jury trials in civil suits

• Amendment VIII: Protection against excessive bail and fines, cruel and unusual

punishment

• Amendment IX: Non-enumerated rights retained by the people

• Amendment X: Non-delegated, non-reserved rights reserved to the states or the people

Amendments to the Constitution

• Amendment XI: Limitations on suing the states in federal court

• Amendment XII: Changes in the elections of president and vice-

president

Reconstruction Amendments

• Amendment XIII: Abolition of slavery

• Amendment XIV: Birth-right citizenship; requirement of equal

protection of the laws by the states; protection of voting rights with

threats against representation in the House; public debt for the Civil

War

• Amendment XV: Protection of the right to vote based on race, color,

or previous condition of servitude

Progressive Era Amendments

• Amendment XVI: Federal income tax allowed

• Amendment XVII: Direct election of senators

• Amendment XVIII: Prohibition begins

• Amendment XIX: Women’s right to vote

Amendments to the Constitution

• Amendment XX: Presidential term and succession

• Amendment XXI: Repeal of Prohibition

• Amendment XXII: Limits on election to president

• Amendment XXIII: Electoral college votes for Washington, D.C.

• Amendment XXIV: Abolition of poll taxes

• Amendment XXV: Presidential disability and succession

• Amendment XXVI: Right of eighteen-year-olds to vote

• Amendment XXVI: No pay raise for current Congress

amendment #10

if not a stated fed gov power then the power is the states/ppl

checks and balances

1. funding 2. oversight/investigation 3. impeachment/removal

National government

• Enumerated [delegated or expressed] powers

• Implied powers

• Necessary and proper (elastic) clause-how to get more power

• Commerce clause

loose construction-doesnt have to say it, if it doesnt say no then you can

strict-must say that you can do what you want to do

State governments

• Reserved powers

• Tenth Amendment

Both states and national gov

• Concurrent powers

money

Entitlements

1. Medicare-health insurance for elders

2. medicade-health insurance for people below poverty line

• Categorical grants- More popular with Congress, government tells the states what the money goes to

• Block grants-More popular with the states, states choose where to spend the money the government gives them

McCulloch v. Maryland (1819)

Implied powers-state cant tax national gov,

• “The power to tax is the power to destroy”

Gibbons v. Ogden (1824)

• Supremacy of Congress’s laws

• Expanded definitions of commerce(gov can regulate exchanging of goods)

U.S. v. Morrison (2000)

• VAWA (violence againsts women act) and the Commerce Clause and the

Fourteenth Amendment(make sure constitutional)

U.S. v. Lopez (1995)*

• Gun restrictions and the commerce clause

• Tenth Amendment

Competing clauses

• Supremacy Clause

• Necessary and Proper Clause

• Commerce Clause-Gibbons v Ogden case expand commerce

• Due Process Clause and Equal Protection Clause in Amendment XIV

revival of 10th amendment

power states and national gov

Mandates- real id, states have to pay for that

“power of the purse” states have to do what fed gov wants

• Environment and civil rights (supremacy clause)