- in US, the determining factor for the elite would be (or is) wealth
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hyperpluralism
- power distributed among MANY different groups
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- power is held by so many that efficacy is limited
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origins of American constitutional government
- John Locke: social contract that must be upheld by the gov, otherwise the people have the duty to overthrow the gov
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- Thomas Hobbes: social contract that cannot be broken
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- Montesquieu: separation of powers
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- Magna Carta: rule of law (no one is above the law); British constitution signed by King John
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the Articles of Confederation created
a weak federal government
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How many votes did each state have under the Articles? How mant states had to agree to change or amend the Articles
- one
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- all 13
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under the Articles of Confederation, the federal government could not
collect taxes
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Annapolis Convention
- September 1786
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- discussion over the issues of the Articles of Confederation
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- low turnout
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- led to planning of the Philadelphia Convention (aka the Constitutional Convention)
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Shay's Rebellion
- 1786-1787
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- farmers rebelled over taxes that had to be paid in metal and often led to foreclosures of land/farms/homes
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- farmers shut down courthouses
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- wake up call: proved the inefficacy of the Articles of Confederation
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who was at the Philadelphia (Constitutional) Convention?
- 55 delegates from 12 states (no Rhode Island)
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- President of Convention: Washington
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- James Madison ("Father of the Constitution")
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- Benjamin Franklin
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- Alexander Hamilton (for only a small portion of time)
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Who wasn't at the Constitutional Convention?
- Thomas Jefferson (France)
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- John Adams (Britain)
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- Patrick Henry (did not trust convention)
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Original purpose of the Constitutional Convention? Why did this change?
-to revise the Articles of Confederation
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- easier to start fresh than to fix
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- James Madison had already written the Virginia Plan
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small state v. large state issues at the Constitutional Convention
- small states wanted equal representation
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- large states wanted population-based representation
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Great Compromise
Congress becomes a bicameral (2-part) legislature with the Senate (2 senators per state) and the House of Representatives (population-based representation)
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electoral college
- A group of people named by each state legislature to select the president and vice president
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- each state gets the \# of senators + \# of representatives
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judiciary compromise
Supreme Court Judges will be appointed by the president and confirmed by the Senate
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3/5ths Compromise
each slave will be counted as 3/5ths of a person for population counts
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slave trade compromise
the slave trade cannot be prohibited until 1808, but can be taxed
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Fugitive slave clause
- slaves are still slaves if they escape to free states
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- if slaves are found in another state they must be returned to their owners
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How did John Adams still influence the Constitutional Convention?
the Massachusetts Constitution he wrote was very influential
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unitary government
- one government with one head
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- very little conflict, very efficient
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- no regional power for people
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- sheet cake (one layer)
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- ex: England
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confederation
- multiple independent sovereign groups
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- lots of regional power, reflects local opinions
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- lacks the benefits of big gov (military strength)
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- hard to work collectively
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- cupcakes (separate)
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- ex: Articles of Confederation/ the Confederacy
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federalism
different levels of government with separate powers and sovereignty
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dual federalism
- two sovereign groups
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- clearly separated powers between national and state levels
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- little conflict
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- not flexible
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- layer cake (2 distinct layers)
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- what the Constitution was intended to set up
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competitive/ cooperative federalism
- power split between multiple sovereign groups
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- undefined powers/division
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- adaptable
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- marble cake (mixed, undefined layers)
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- ex: the US
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grants-in-aid
money given by the national government to the states
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block grants
Money from the national government that states can spend within broad guidelines
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categorical grants
Federal grants for specific purposes, such as building an airport
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mandates
terms set by the national government that states must meet whether or not they accept federal grants
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Funded Mandates
when the federal government give the states money to help them do whatever they want them to do
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unfunded mandates
Programs that the Federal government requires States to implement without Federal funding
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arguments for ratification of the Constitution
- it's the best we're going to get
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- good for trade since states can't set taxes on interstate commerce
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- better defense/military
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- Federalist Papers
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Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail
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arguments against ratification of the Constitution
- it was created without public knowledge and essentially illegally
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- power should stay with the states
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- there was no bill of rights
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- Brutus I
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Brutus I
- written to discourage ratification of the Constitution
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- examines the major complaints of the Constitution
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McCulloch v. Maryland
- Maryland was trying to tax the national bank
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- James McCulloch, an important figure in the bank, refused to pay the tax
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- Maryland sued
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Decision in McCulloch v. Maryland
- John Marshall's Supreme Court ruled that Maryland could not tax the national bank
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- the national bank is legal
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- argued "the power to tax is the power to destroy"
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- used the elastic/ national supremacy clause
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- established precedent of national supremacy
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elastic or national supremacy clause
-Article VI (6), paragraph 2 of the Constitution
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- establishes the Constitution as the "Supreme law of the land"
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Who has total control over interstate commerce?
the national government
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10th Amendment
all powers not explicitly given to the federal gov are reserved for the states
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11th Amendment
One State cannot be sued by another state
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16th Amendment
Allows the federal government to collect income tax