Studied by 3 people
Enlightenment Thinkers
Locke: autonomy and the right to rebel
Hobbes
advocated for a strong central authority
Rosseau
introduced the idea of the general will
Montesquieu
proposed the theory of separation of powers
Key Enlightenment Ideas
Reason
Natural laws
regulating human society
Progress
improving society through the discovery of laws of government
Liberty
intellectual and social freedom
Toleration
opposing superstition, intolerance, and bigotry
Power and authority
the influence and right to use power
Legitimacy
the need for power to be justified
Political Forces that Influence Founders
English common law
Constitution
limits the government and defines its powers
Judeo-Christian heritage
supports democratic principles
Republicanism
elected representatives make decisions
Civil liberties
protection from government interference
Capitalism
enables economic property and individual wealth
Flaws of Articles of Confederation
Weak national government with no power to levy taxes
No executive or judicial branches
Inability to regulate trade or establish a uniform currency
Shays Rebellion highlighted the weaknesses of the Articles of Confederation
Shays Rebellions
Causes - there was an increase in tax that the farmer could not pay -→ foreclosures -→ they got mad and formed a rebellion
protests, court shutdowns, and armed conflicts
since congress did not have the power to form a militia and get rid of the rebels -→ they realized that this could happen again -→ the revelation that the articles of confederation are weak
In Philly to revise the AOC
the discussions were over
human nature to be selfish and love of money
equal representation in gov population based representation
slavery
the purpose of gov - the preservation of property
the fear of an over powerful gov
agreements at AOC
gov should be limited and power should be divided
the need for checks and balances
new jersey plan
unicameral gov \n equal representation
Virginia plan
bicameral legislature \n representation based on state population
controversy during the convention of the AOC
issues of slavery, representation of congress and the proportional rep vs equal rep
compromise of AOC
bicameral legislature
house: proportional representation of population
senate: equal representation of population
house
proportional representation of population
senate
equal representation of population
the consequences of the separation of power compromise
the 10 most populated states have 20 senators representing 53% of the population
the 10 least populated states have 20 senators representing 3% of the population
3/5 compromise argument
southern view - slaves should count towards the population in order to get more representation in the gov
northern view
how can property(slaves) count as part of the pop but you not pay for it because they are not considered "people" - if they are to be represented in congress then the taxes should reflect that - opposed to southern view
3/5 compromise
3/5 of all other persons and free persons count as representation and the same would go for the taxes - tax by population
consequences of the 3/5 compromise
temporarily diffuses tensions -→ the matter over slavery was not solved until the 13th amendment
Antifederalists
favored strong state government and called for a bill of rights - decentralized gov
Federalists
favored strong national government and defended the constitution
Economic Decisions Priorities
strong gov was needed to Promote Growth and protect private property
congress was given power to
obtain revenue through taxing
pay debts
coin money and regulate its value
regulate interstate and foreign commerce
establish uniform laws of bankruptcy
punish counterfeiting
establish post offices and post roads
Separation of Power
legislative branch - made up of the house and the senate
executive branch - the president and the electoral college
judicial branch - supreme court and all smaller courts
to prevent tyranny
Checks and Balances
congress can make laws but the president can veto it
congress can veto laws if 2/3 of the house says yes
senate must ratify the treaties the president negotiates
the pres. has power to negotiate and nominate judges to the supreme court but the senate has advice and consent power
the supreme court can use judicial review to declare laws unconstitutional
congress can propose an amendment to reverse supreme court rulings
the house has impeachment rights but the senate does the trial
consequences of checks and balances
the 3 branches are not independent
the change is slow and a compromise is sometimes harder to reach
irresponsible majorities in one branch can be restrained
irresponsible majorities in one branch can be restrained
safe guards are important
an insulated senate
senate was bulwark against irresponsible majorities in the house and check popular passions
federal elections and midterm elections and senate is elected for 6 years (1/3 of it)
senate is a continuous body and state legislators choose other senators
independent judiciary
judges serve for life, are appointed by the press and insulate from popular control
indirectly elected president
not elected by popular vote but by the electoral college
electoral college used to choose “distinguished characters of continental reputation”
electors are now rubber stamps for the popular vote in each state
Ratification
9/13 states required to approve the new constitution
antifederalist
small farmers, shopkeepers, and laborers - liked decentralized gov in fear of tyranny
federalist
favored strong state gov and weak national gov, called for a bill of rights -→ protection of individual liberties
Expressed powers
given to the federal government, elastic clause - expanding the power that congress has
Implied powers
granted through the Necessary and Proper Clause
Inherent powers
rights to make treaties, wage war, and acquire territory
Reserved powers
held by the states
Concurrent powers
exercised by both the national and state governments
dual federalism
national and state gov remain supreme within their own spheres
fiscal federalism
pattern of spending, taxing, borrowing, and providing money for grants in the federal system
(fiscal federalism) categorical grants
a lot of strings attached to money
ex. interstate highway - national government mainly uses this
(fiscal federalism) block grants
fewer strings attached to money and preferred by the state
ex. money given to states for homeland security
Note 
Flashcard (389)