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declaration of independence
political philosophy, break up letter (grievances), birth certificate
john locke
natural rights
limited government
there are things the government/king are not allowed to do
popular sovereignty
the political principle that a government's authority and legitimacy comes from the will and consent of the people it governs
articles of confederation
problems; no chief executive to act in a crisis (eg. shays’ rebellion); no national court system; legislative with one vote per state; supermajority of 9/13 required to do anything meaning a small group of 5 states can stop the government
constitutional convention
Philadelphia 1787, reps from 12/13 states meet to revise the articles, but they realized it was easier to start over completely
delegates
college educated elites, wealthy partners, & men with political experience
james madison
“father of the constitution” contributed to the virginia plan, bicameral legislature, fed papers
ben franklin
rough draft/ notes of constitution
george washington
his presence gave the convention legitimacy
representation
biggest issue in the new, more powerful legislature
new jersey plan
unicameral legislature, all states get 1 vote (favor small states)
virginia plan
bicameral legislature, James madison, states get votes based on population (favor big states)
three fifths compromise
five slaves counts as 3 people to be counted to get votes in the house of representatives, northern states did not favor counting slaves and southern states favored counting slaves because northern states generally had larger populations meaning they would have more government power, this is the compromise
writ of habeas corups
congress cannot suspend the _ (they can’t imprison you for something without evidence, no corpse)
bills of attainder
congress can’t pass laws without a trial (prohibited by Constitution)
ex post facto laws
if it wasn’t illegal when the offense was made, it cannot be punished now
president
has no role in amendments
bill of rights
anti federalists’ argument that needed to be included in the constitution before they would agree to ratify, so that individual liberties are explicitly protected (like many state constitutions included) to limit the government further
federalist 10
madison writes; no single small group/faction can dominate, nor can a big group (a mob); a large, unified republic, rather than a system of direct democracy, is the most effective way to control "factions" (self-interested groups) and their potential to harm the rights of others or the community's interests
federalist 51
checks and balances, spreading out power, come into balance, limiting majority control in the public; only House of Reps is directly elected by the people; state legislatures choose senators (not anymore); electoral college chooses presidents; presidents select federal judges; senators have longer terms and staggered election years (can’t all be replaced at once)
publius
the pen name James madison published the federalist papers under
separation of powers
legislative branch makes laws, executive branch enforces laws, judicial branch interprets the laws & resolves disputes
checks and balances
congress has the power to impeach, override veto, and reject treaties/judges; president can veto bills, appoint judges; marbury v Madison establishes judicial review, federal courts can strike down laws (declare then constitutional/unconstitutional)
framers debate
roger Sherman = weak executive, Ben Franklin = strong executive, James Wilson = elect by popular vote, brokered 3/5th
federalism
decentralizing our politics, more levels of government/people involved, greater state variation, laboratories of democracy
enumerated powers
expressed powers delegated in the constitution, eg. congress is expected to collect taxes, regulate commerce among states, coin/print money & punish counterfeits, establish post offices, declare war, etc
implied powers
“necessary and proper” clause aka “elastic clause” allow federal government to grow/do new stuff
mcculloch v maryland
state v national powers, Maryland tries to tax the national bank; controversial because the power to establish a national bank is not explicitly mentioned in the constitution, supremacy clause
supermacy clause
federal government can overrule states
gibbons v ogden
the national government can make laws about this because Congress can control interstate trade (the commerce clause)
Heart of Atlanta motel v us
1964 can’t have an open business to the public and segregate (eg. whites only, no immigrants, etc) involved in interstate commerce (transporting people) follow congress’ law
us v lopez
gun free school zones (1990) banning freedoms from public schools, lopez brought a gun to school and was charged under federal law, SCOTUS votes in lopez’s favor, rulling that gun possession is not an “economic activity” as the government claimed cannot be regulated in congress, commerce clause didn’t work
dual federalism
operate side by side in states/national government (layer cake)
cooperate federalism
policies are shared in national and state government (marble cake)
devolution
returning decisions to state/local governments
block grants
grants/money given to support broad programs
mandates
strings attached to federal money
unfunded mandate
unpopular with states because it provides little to no money to help implement a required policy change eg. renovating buildings for the Americans With Disabilities act, ramp for wheelchair access, handlebars etc