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Declaration of Independence
Because of British Crown’s violation of the natural rights of citizens, the American colonies are declaring themselves independent states
All men are created equal and are born with unalienable rights (life, liberty, pursuit of happiness, trial by jury, representation in government, etc.)
When these rights are violated, people have the right to revolt (consent of the governed)
Specific grievances: unfair trials, dissolved rep. houses, refusal to pass laws, standing army, taxation w/o representation, suppressing economy v Navigation Acts, impressment of soldiers”
Gettysburg Address
The Civil War is a test of the ideals the founding fathers built this country upon, and the men who died in this war are fighting for these ideals
The nation was built upon ideals of equality and popular sovereignty
The men who are fighting for these ideals are advancing the nation
There will be a new birth of freedom and democracy shall not die
Articles of Confederation
The United States of America is a loose alliance of states with a decentralized government and a representative Congress that will control affairs b/w states and other nations
The gov. will avoid conditions that led to monarchical tyranny in colonial times
Conditions include representation in gov., no taxation, no standing army, no head executive, equal rep. b/w states
All states in this loose alliance will support each other, and states’ rights are equal with the government
US Constitution
The United States will have a national government, and powers are divided, separated, and checked upon to protect the rights of the people
The gov is split into 3 branches of equal power but different responsibilities
Each branch can check and balance the others in different ways so no branch overthrows the others
The Constitution fixes the errors of the Articles of Confederation ex: power to tax, raise army, regulate commerce, have president, have judiciary)
Federalist No. 10
Having a Union will protect against a faction’s overrule and insurrection
Factions are a part of nature due to differences in ideas and passions
A Union protects against factional overpower b/c a large Union will have more diversity and it’ll be more difficult to take advantage
Therefore the Constitution should be ratified
Federalist No. 39
The US Constitution creates both a national and a federal government in different aspects
Ratification of the Constitution depended on the consent of the separate, sovereign states, making its foundation federal
The ordinary operation of federal laws acts directly on individual citizens rather than on the states as corporate bodies, making it national
The sources of government power mix both systems. The House of Representatives derives its authority from the people (national), while the Senate draws its power from the state legislatures (federal)
Federalist No. 51
Separation of powers is necessary for a government to not become overpowered, and checks and balances keep those separate branches from gaining too much power
Feed gov must have separate but equal branches (Montesquieu)
Each branch will have the power to check another branches power
States will still have power, so government is even more separated and citizens will have even more protection
Brutus No. 1
Because the Constitution creates a strong centralized government, that gov. will not represent its people adequately, so the Constitution shouldn’t be ratified
Reducing America to a Union is not practiical bc the nation is too large, so not everybody will be represented
The wealthy will outnumber the minority and exert too much power
States separate is better bc the people in each state will have their individual needs catered towards
McCulloch v. Maryland
Congress charters US Bank, Maryland taxes it. Cashier (McCulloch) refuses to pay tax. Maryland argues Congress can’t make the bank b/c that right isn’t written in constitution
Ruled in favor of McCulloch
Congress can create the bank thru the Necessary and Proper Clause
Maryland can’t tax the bank thru Supremacy Clause
U.S. v. Lopez
Lopez brings firearm to school. Fed gov charges him with violating Gun Free School Zones Act of 1990. Congress argues they can enforce this act bc firearms→school shootings→worse town→worse economy→worse interstate economy thru Commerce Clause
Ruled in favor of Lopez
Congress can’t enforce this law b/c thru the 10th Amdt/Reserved powers
Schools are a state’s problem
Commerce Clause argument doesn’t make sense
Necessary and proper clause
Art. 1 Sec 8: Grants Congress the power to pass all laws needed to execute its explicitly stated powers
Supremacy clause
Art. 6: Federal law takes priority over any conflicting state law
Commerce clause
Art. 1: Congress has the power to regulate interstate and foreign commerce
Full faith and credit
Art 4: Each state must respect and honor the public acts of another state. Must return fugitives back as well
Amendment process in Article V
2/3 vote in both chambers + Âľ of state legislatures OR
2/3 state legislatures + Âľ state ratifying conventions called by Congress
10th Amendment
Any powers not given to the federal government are given to the states/people
14th Amendment
Civil liberties protections are state responsibilities
Limited government
Government’s power is restricted by the Constitution and laws; government officials cannot exercise unlimited authority.
Strict interpretation of the constitution
Popular sovereignty
Authority comes from the people
Republicanism
The people govern through elected representatives rather than directly making every governmental decision.
Social contract
People agree to give government some power in exchange for government protecting their rights and maintaining order
Participatory democracy
Broad and direct participation by ordinary citizens in politics and government.
Example: Voting, protests, petitions, town meetings, and other forms of direct political involvement.
Elite democracy
Small number of people with greater wealth, influence, knowledge, or political power have a large role in policymaking.
Example: senate, electoral college
Pluralist democracy
A model of democracy in which many competing groups attempt to influence government policy.
Example: labor unions
Bicameral v. unicameral legislature
2 houses v 1 house
Great Compromise
AKA Connecticut Compromise
House based on population
Senate equal representation
Virginia Plan
Bicameral legislature based on population
Favored large states
NJ Plan
Unicameral legislature w/ equal representation
Favored smaller states
Electoral College
Constitutional system used to formally select the president. Each state receives electors equal to its total number of House members + senators
â…— Compromise
Every slave=3/5 of a person
Gave south more representation but also more taxes
Checks and balances
One branch can limit the power of other branches
Examples: Presidential veto, congressional override, Senate confirmation, judicial review.
Purpose: Prevents one branch from becoming too powerful.
Separation of powers
Constitutional division of governmental authority among the legislative, executive, and judicial branches.
Legislative: Makes laws
Executive: Enforces laws
Judicial: Interprets laws
Federalism
Governmental power is divided b/w national and state governments
Layer cake federalism
National and state governments operate in separate areas of authority AKA dual federalism
Marble cake federalism
Federal, state, and local governments have overlapping responsibilities and work together to make and implement policy.
preemption
When valid federal law overrides conflicting state or local law. (Supremacy Clause in action)
Exclusive powers
Powers only one level of gov has
Delegated powers
Powers only the FEDERAL gov has (AKA Enumerated powers)
Reserved powers
Powers only the STATE govs have (given by the 10th amendment)
Concurrent powers
Powers both the federal AND state govs have
Implied powers
Federal powers not explicitly mentioned, but derived under various clauses/powers
Inherent Powers
Powers possessed by the national government because the United States is a sovereign nation, even when they are not specifically stated in the Constitution.
Examples: Conducting foreign relations and controlling national borders.
Revenue sharing
Fed money granted to states with relatively few restrictions
Fiscal federalism
Federal govs use of money to influence state and local policy (all the grants in use)
Incentives
Money used as a reward to adopt policy
Categorical grants
Fed grants given to states for a specific purpose
Example: highway construction
Block grants
Fed grants given to states for broad purpose
Example: reduce energy use
Mandates
Requirements imposed by fed to states, sometimes with no incentive
Devolution
Return of power back to states, started by Reagan