Gov Unit 1

Democratic ideals in the Declaration of Independence and U.S. Constitution

• Declaration of Independence: Emphasizes natural rights (“Life, Liberty, and the pursuit of Happiness”) and government’s legitimacy based on consent of the governed—a core democratic principle.

• U.S. Constitution: Establishes popular sovereignty, elected representatives, and rule of law, ensuring that government power derives from the people and that individual rights are protected.

Models of representative democracy in U.S. institutions, policies, and debates

• Congress: Citizens elect senators and representatives to make laws on their behalf.

• Presidency: Elected through the Electoral College, reflecting both national and state-level representation.

• Policy debates: Example—Affordable Care Act debates illustrate citizens influencing policy through elected officials.

• Supreme Court: Interprets laws in a system that balances citizen interests with legal precedent.

Federalist vs. Anti-Federalist views reflected in foundational documents

• Federalists: Advocated for a strong central government to maintain order and unity (seen in Federalist Papers and the ratification of the Constitution).

• Anti-Federalists: Favored stronger state powers and protections for individual liberties, leading to the Bill of Rights.

• Foundational documents incorporate both views: strong central government with protections for state authority and individual rights.

Articles of Confederation and debate over federal power

• The Articles gave states most powers and a weak federal government.

• Issues like tax collection and regulation of trade exposed weaknesses.

• This debate influenced the Constitution, which grants greater powers to the federal government while still reserving significant powers for states (federalism)

Impact of negotiation and compromise at the Constitutional Convention

• Great Compromise: Combined Virginia Plan (representation by population) and New Jersey Plan (equal state representation) → bicameral legislature.

• 3/5 Compromise: Addressed counting enslaved individuals for representation and taxation.

• These negotiations ensured a functional system balancing large vs. small states and different regional interests.

Separation of powers and checks and balances

• Separation of powers: Divides government into legislative, executive, and judicial branches to prevent abuse of power.

• Checks and balances: Each branch can limit the powers of the others (e.g., presidential veto, congressional override, judicial review).

Implications of separation of powers and checks and balances

• Prevents any one branch from becoming too powerful.

• Encourages compromise and deliberation in policymaking.

• Can slow legislation but ensures that multiple perspectives are considered.

Societal needs affecting power allocation between national and state governments

• Emergencies, economic crises, and social issues (e.g., public health, civil rights) often require national action, temporarily expanding federal power.

• Local issues (e.g., zoning, education) often remain under state control.

Changing interpretations of national vs. state power

• Early U.S. history: States held more power under the Articles.

• Civil War & Reconstruction: Federal authority expanded.

• 20th century: New Deal programs increased federal responsibility.

• 21st century: Debates continue over healthcare, marijuana legalization, and environmental regulations.

Distribution of powers impacts policymaking

• Legislative: Writes laws reflecting both national priorities and local interests.

• Executive: Implements policy and can influence law through veto or regulation.

• Judicial: Interprets laws and ensures constitutionality.

• This system ensures policy outcomes reflect both national standards and state-specific needs, promoting balance but sometimes slowing decision-making.

Brutus

anti-federalist, constitution was too powerful for central government, republic doesn’t work because the US has too many people and factions that clog the government, states wouldn’t seem important

• response to this was fed 10

fed 10

written by Madison, believed human nature should counteract human nature without reducing liberty, ex: to keep one faction from ruling the majority, you should add more factions which increase the republic

fed 51

written by madison, checks and balance, humans are flaws and ambition coutneracts ambition —> humans should have the power to check on one another, modes of election: method by which members of each branch are elected and the principles guiding their actions should differ to prevent any one branch from gaining too much power (legislative branch into judidical and executive branches), CIVIL = RELIGIOUS RIGHTS

declaration of independence

natural rights, inspired by Sidney, Montesquieu and Locke, article 1 is the legislative branch, article 2 is the executive branch and article 3 is the judiciary branch, article 1 section 8 speaks about the enumerated powers, section 9 is about the denied powers to congress while section 10 is the denied powers to the states, the necessary but proper clause is in section 8

The Great Compromise

Bicameral (two-house) legislature:

• House of Representatives: Representation based on population (favored large states).

• Senate: Each state gets two senators, regardless of size (favored small states).

McCulloch v. Maryland

• Affirmed federal supremacy over state laws (federal law is “supreme”).

• Expanded implied powers of Congress beyond those explicitly listed in the Constitution.

US v Lopez

• First major limit on Congress’s commerce power in decades.

• Reinforced the principle of federalism: certain powers are reserved to the states.

• Signaled that Congress cannot use the Commerce Clause to justify all types of federal regulation, especially purely local matters.