unit 1 gov notes

What is the purpose of government?

To govern fair and justly; To allocate resources efficiently and correctly; To protect the people it governs

The four core ideals of American democracy

Natural rights; Popular sovereignty; Social contract; Limited government

Natural rights

life liberty and property

Natural rights

Rights are inherent, not given by government

Natural rights

Jefferson’s shifts property to pursuit of happiness

Natural rights

“We hold these truths…life liberty and the pursuit of happiness”

Popular sovereignty

consent of the governed

Popular sovereignty

“We the people”

Popular sovereignty

“It’s the right of the people to alter or abolish it”

Social contract

power from people to government

Social contract

People agree to be governed for the protection of rights

Social contract

Locke and state of nature

Social contract

Out of a state of nature government would rise through a social contract to best protect and guarantee natural rights

Social contract

Government must uphold its end of the bargain

Social contract

Failure allows people to change the system

Social contract

Voting, supreme court cases, taxes

Limited government

government power is restricted by law

Limited government

Government powers are restricted by law

Limited government

Protects individual freedoms and prevents tyranny

Limited government

Ensured by: Separation of powers; Checks and balances; Federalism; Republicanism

Participatory

Most participation among the general public

Participatory

Voting on a specific issue

Participatory

Town hall meetings

Participatory

Everyone has a say

Participatory

Local governments

Participatory

Referendums

Pluralist

Larger interest groups trying to gain power and influence

Pluralist

Made up of regular people

Elite

A few who possess the resources trying to gain power in government

Federalist vs Anti-Federalist

Historical context

Post revolutionary war

articles of confederation adopted as first Constitution

Articles of Confederation

Weak and ineffective

Confederation vs federation

Confederation (small central vs big state) vs federation

Confederation

Decentralized authority

Constitutional convention (1787)

Framers propose a strong central government

Ratification debate

Would this protect liberty or endanger it?

Ratification battle

national debate over scope of government

Federalists

Federalist Papers

Federalists

Hamilton, Madison, Jay

Federalists

Need for stronger central authority to prevent disorder and unify the nation

Federalists

Factions are inevitable, a large republic= best safeguard against majority tyranny (Federalist 10)

Federalists

Constitution already contains checks and balances, no Bill of Rights necessary

Anti-Federalist

Skeptic of centralized government, like a monarchy

Anti-Federalist

A large republic= distant, unresponsive and prone to corruption (Brutus 1)

Anti-Federalist

Stong state governments best protect liberty and represent citizens.

Anti-Federalist

Demand a bill of rights as a condition for ratification

Anti-Federalist

Patrick Henry, George Mason, later Jeffersonian influence

Mr. Goodell

is afraid of sharks.

Constitutional Convention

Larger states prompted the Virginia Plan

Virginia Plan

Number of state representatives and senators based on population

New Jersey Plan

Smaller states promoted the New Jersey Plan

New Jersey Plan

Each state has the same number of representatives and senators

Great Compromise

The Connecticut Plan

Great Compromise

Bicameral legislator is comprised of House and Senate. House with proportional representation, Senate with equal representation.

3/5ths compromise

slaves count as 3/5ths of a personal when deciding congressional apportionment.

Federalist 1

Factions are inevitable, but a large republic dilutes their power

Federalist 1

A stong national government protects liberty by preventing majority tyranny

Federalist 1

Representation and check and balances= safe guard against mob rule

Brutus 1

A large republic cannot represent all citizens effectively

Brutus 1

National government will become distant, powerful and oppressive

Brutus 1

Liberty better preserved in small, decentralized republics with state power.

Articles of Confederation and Shay’s Rebellion

See worksheet

Constitutional Convention

Review + Context

Weaknesses

No taxation power, no executive, no judiciary

Shay’s rebellion

highlighted the inability to maintain order

Convention

called in philadelphia

Who was there?

55 delegates from 12 states (Rhode Island absent)

George Washington

President of the convention

James Madison

“Father of the constitution

Alexander Hamiliton, Ben Franklin, Gouverner Morris

(penman of the constitution)

Absent

Jefferson (France), Adams (Britain), Patrick Henry opposed (smelt a rat)

Slavery Debate

⅗ Compormise

Slave Trade Compromise

Congress could not ban importation until 1808

Fugitive Slave Clause

Required return of escaped enslaved people

Executive Branch Debate

No executive branch in Articles of Confederation

Executive Debate

Single vs. plural executive

Executive Compromise

Single president, 4-year term, Electoral College

Executive Powers

commander in chief, veto, appointments, (senate approval), negotiate treaties

Judiciary

Established one Supreme Court

Judiciary

Congress empowered to create federal courts- Article 3

Judiciary

Judges appointed for live (good behavior)

State vs Federal power

Stronger national government than under articles

Supremacy Clause

Constitution= supreme law of the land

Necessary and Proper Clause

Elastic clause: implied powers

Article 1, Section 8

States retain reserved powers

later codified in 10th Amendment

Why it matters Today

Senate representation still reflects Great Compromise tensions

Why it matters Today

Electoral College continues to be debated

Why it matters Today

Federal vs. state power conflicts: healthcare, education, marijuana laws

Articles 1-3

create three branches

Legislative

Makes laws (congress)

Executive

Enforce laws (president)

Judicial

Interpret laws (spreme court)

Checks and Balances

President can veto a law (exec-leg)

Checks and Balances

Congress can override veto or impeach (Leg-exec)

Checks and Balances

Courts can strike down laws as unconstitutional (Jud-Leg/exec)

Federalism

Separation of powers (horizontal)- Branch vs branch

Federalism

Federalism (vertical)- Federal vs state governments

Enumerated powers

Article 1, section 8) Coin money, regulate interstate commerce, declare war

Reserved powers

10th amendment): education, elections, police powers