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based on heimler's unit 1 review
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popular sovereignty
authority of a government is sustained by the consent and supreme power of the people
social contract
unwritten agreement that people give up some freedoms and liberties in exchange for public benefits, safety, and order from a government
the people have a right to abolish it in the case it becomes tyrannical
natural rights
inalienable rights that people are entitled to
3 main ideas of enlightenment
natural rights, popular sovereignty, and social contract
4 ways to create a limited government
separation of powers, checks and balances, federalism, and republicanism
separation of powers
split the government into 3 co-equal branches that operate independantly
checks and balances
tools for the branches to check each other and restrain the concentration of power of the others
federalism
sharing power between national government and state government
republicanism
form of democratic government in which the work of policymaking is done by elected respresentatives of the people
Declaration of Independence
āunalienable rightsā = natural rights
āconsent of the governedā = popular sovereignty
the power of the government is derived from the people, so the people have a right to abolish it in the case it becomes tyrannical = social contract
primary author: Thomas Jefferson
U.S. Constitution
preamble, āWe the Peopleā = social contract/popular sovereignty
rest of document = blueprint for republicanism and separation of powers
primary author = James Madison
flaws of the Articles of Confederation
states were too strong, national government was too weak in order to prevent total control by the central government
they got a whole lot of nothing done which was why it failed so bad and they had to create THE Constitution
single-branched government ā unicameral legislature (single-housed Congress) made it difficult to pass laws because it required a supermajority 9/13 states to agree
lacked power to coin money/regulate interstate commerce ā no thriving national economy
no power to tax states ā weak, BROKE government
no power to raise military ā highlighted by Shayās Rebellion which led to the Consitutional Convention
Federalists
powerful central government, supported ratification
Anti-Federalists
weak central government, in favor of stronger states, opposed ratification until further revisions were made
Great Compromise (Conneticut Compromise)
created the bicameral legislature
House of Reps. ā apportioned by population
Senate ā states get equal representation, 2 votes
Electoral College
president is chosen by a certain number of electors chosen from each state
Bill of Rights
list of rights that the people are entitled to and that the federal government cannot infringe upon ā became the first 10 Amendments of the Constitution
Article V
how 2 amend Constitution
split into 2 stages: proposal and ratification
Proposal = 2/3 of both houses in Congress or 2/3 of state legislature
Ratification = ¾ of state legislature
made amending the Consitution much more attainable compared to the previous unanimity of the AoC
First 3 Articles of the Consitution
I. Legislative (Letās)
II. Executive (Eat)
III. Judicial (Jello)
The rest of the articles
IV. Stateās rights, duties and how they should interact with one another
V. How 2 amend Constitution
VI. Consitution is the supreme law of the land
VII. Ratification of the Consitution (9/13 states)
separation of powers
too many powers overlap = tyranny
protects against power-hungry ruler and tyranny of the majority
checks and balances
Art. I gives Congress the power to impeach (accuse of wrongdoing) federal officials like the president
Art. II gives the president the power to veto legislation passed by Congress, which they can override with a 2/3 vote in both chambers
Art. III gives SCOTUS the power of judicial review ā interpret whether executive actions are consitutional or not
participatory democracy
broad participation in politics
example = 10th Amendment, any powers not delegated to fed. government is reserved to states (preservation of stateās rights)
pluralist democracy
group-based activism aimed to influence political decision-making
example = houses of Congress
elite democracy
limited participation in politics, typically reserved for wealthy and educatde people (small group)
example = Electoral College
Fed 10
argued for ratification
aimed to demonstrate ability to handle issues regarding factions (a group that assumes their issue is superior to competing groups)
emphasized pluralist democratic model
solution to the question of factions overtaking the government ā the size and diversity of the country would create too many competing groups that no single faction would gain enough power to overtake others
Brutus 1
large and diverse country would create too many factions
size of the U.S. keeps representatives from effectively governing the people
solution = keep state governments strong
Fed 39
Constitution would balance national and state power, not eliminating one or the other
complex mixture of power-sharing
avoids concentration of power and tyranny
Fed 51
exclusive powers
powers granted solely to the national government
enumerated powers = explicitly written out (Art. 1 Section š ex. Congressās authority to coin money and declare war
implied powers = not explicitly written, implied from enumerated powers
reserved powers
any authority not granted to fed. government, reserved to states
concurrent powers
powers that both the fed and state government have at the same time
ex. power to tax citizens, borrow money, enforce laws, build roads
4 BIG Constitutional Clauses
Necessary and Proper Clause (Elastic Clause) = allows Congress to stretch the bounds of its enumerated powers to meet the moment'sāneeds ā McCulloch v. Maryland
Supremacy Clause (Art. VI) = when federal and state laws contradict each other, federal laws overrule state laws ā McCulloch v. Maryland
Commerce Clause (Art. 1 Sec. 8) = power to regulate commerce with foreign nations, among states, and with Native tribes ā United States v. Lopez
Due Process & Equal Protection Clauses (14th Amendment) = government cannot deprive a person of their natural rights without fair legal procedures and established rules
fiscal federalism
sharing power through the distribution of money
revenue sharing
fed government sends money with no strings attached (almost)
essentially ended after the Cold War
block grants
come with few strings attached, most preferred by the states
broader in terms and gives states more freedom to decide how to spend the money
categorical grants
money given for specific federal policy objectives, many strings attached, states must agree to terms set by the fed. government to receive those funds
preferred by fed. government b/c it allows them to implement national policy at the state level
mandates
federal government passes laws that require states to take action, often invoking the supremacy clause
in some cases, money is provided
but in unfunded mandates, Congress does not provide money to carry out mandateās requirements (ex. American with Disabilities Act mandated states to create disability access and had no money provided by the fed. government)