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Natural rights
People are born with rights that can’t be taken away
Popular sovereignty
The power to govern is in the hands of the people - if violates natural rights can overthrow government
Social contract
People give up some rights to be protected by government
Republicanism
People elect leaders to present their interest
What natural rights are seen in limited government
1- popular sovereignty
2- social contract
3- republicanism
What event showed the weakness of the article of confederation
Shey rebellion
Why was the article of confederation weak?
No central government and no taxation power, no president, no army
What was the goal of the constitution
1- protection the rights of people
2-3 branches of government
3- limits government power
What were the 4 compromises for the constitution
1- the great compromise
2- electoral college
3-3/5 compromise
4- banning of slave trade
Great compromise
Virginia plan : based on population
New Jersey plan: equal for each state
Solution: the House of Representatives and the senate of 2 votes each
Electoral college
Each states representative corresponds with the house of representatives population and the state can choose the representatives
3/5 compromise
- 3/5 of enslaved people counted
Ban of slavery
20 years after the creation of the constitution, slave trade will be banned
Article 5 of the constitution
2 stage process to change the constitution
Stage 1: propose
2/3 of the state or congress agree
stage 2: ratification
¾ of the states agree
Participatory democracy
Everyone can get involved
town hall meetings
Pluralist democracy
Interest groups compete for influence
Nanpc
Elite democracy
A few people in power make decisions for everyone
Federalist 10 - pluralist democracy
A large republic is good to control factions
factions can’t be destroyed since it takes away liberty
Faction: people have different options and one group can have the most influence( majority) and leave minority behind
large republic, factions fight to compete
double protection: separation of power and federalism
Brutus 1 - participatory democracy
Argued: the danger of central government and losing liberty
Feared: necessary and proper clause, supremacy clause
Country too big to be ruled by one government
Takes away power from people and states
Federalism
Power shared between federal government and states
Enumerated/ exclusive power
Power for the federal government stated in the constitution
Reserved power
Power for the states
Concurrent power
Power for states and federal government
Fiscal federalism
Shared by money
Categorical debt- type of fiscal federalism
Specific requirements must follow and only can use funding for specific projects
Block grants - type of fiscal federalism
Lose control on how to spend the government funding
Mandates
Rules to follow by the states
No funding mandates
Rules states must follow with no funding given
Dual federalism
Separation of states and government
Cooperative federalism
Federal government and states working together
Devolution
Giving powers back to states from federal government
Regulatory federalism
Federal government uses fundings to control state actions
Federalist 51
Wants Central government since people are evil and needs to be controlled
Separation of powers prevents the government from being too powerful
Mccolloch v Maryland
About: federal and state power
Reason : congress creating national bank and Maryland wants to tax it
Decision: Marian’s can’t tax central government and central bank can be created
Why:
necessary and proper clause - give implied power
Supremacy clause : federal comes before states
Impact : strengthens federal power
United States V Lopez
What happened : student in texes brought guns to school and federal government try to ban guns in school through commerce clause
Decision : commerce’s clause can’t be used since gun in school isn’t economic activity
Impact first major case that limited federal power
Commerce clause
Gives fed the power to regulate trade and business between states