Unit 1: Constitutional Democracy Review Guide

Enlightenment Philosophers

• Thomas Hobbes: Believed in absolute monarch for protection, advocated for social contract.

• John Locke: Valued natural rights (life, liberty, property) and the right to revolution.

• Charles de Montesquieu: Proposed the separation of powers into three branches to prevent abuse of power.

• Jean-Jacques Rousseau: Advocated that people act for the greater good rather than self-interest.

Representative Forms of Democracy

• Participatory/Majoritarian: Broad public participation in decision-making.

• Pluralist: Group-based activism for common interests.

• Elite: Power held by educated and wealthy minorities, reducing participatory democracy.

Articles of Confederation & Shay’s Rebellion

• Articles of Confederation: First U.S. government framework, weak central authority.

• Shay's Rebellion: Farmers' revolt exposing weaknesses of the Articles.

Federalists vs Anti-Federalists

• Federalists: Supported a strong central government and Constitution (e.g., Hamilton, Madison).

• Anti-Federalists: Favored state sovereignty, concerned over potential tyranny, demanded a Bill of Rights.

1st Amendment and Anti-Federalist Concerns

• Addressed Anti-Federalist concerns by guaranteeing freedoms of speech, religion, and assembly, thus protecting individual liberties from potential government overreach.

Problems with the Articles of Confederation

• Economic issues, lack of federal tax, no national military, and required unanimous votes led to inefficacy.

Virginia Plan vs New Jersey Plan

• Virginia Plan: Bicameral legislature representation based on population (benefited larger states).

• New Jersey Plan: Unicameral legislature with equal representation (benefited smaller states).

Compromises in the Constitution

• Great (Connecticut) Compromise: Established a bicameral legislature combining elements of both plans.

• Electoral College: System to elect the president, balancing power between populous and less populous states.

• Three-Fifths Compromise: Counted enslaved individuals as 3/5 for representation purposes.

Selection Process in Original Constitution

• Representatives: Elected by popular vote.

• Senate: Originally appointed by state legislatures.

• President: Elected via the Electoral College.

• Federal Judges: Nominated by the President and confirmed by the Senate.

Amendment Process

• Proposed by 2/3 of both Congressional houses or via a national convention called by 2/3 of state legislatures; ratified by 3/4 of state legislatures.

Constitutional Powers of the President

• Enforces laws, issues executive orders, conducts foreign policy and appoints federal judges.

Power Distribution in the Constitution

• Establishes national government authority while limiting state powers, and rotecting rights through amendments.

Checks and Balances

• Power is divided among branches to prevent dominance: e.g., the President vetoes legislation; Congress can override the veto; courts adjudicate laws.

Judicial Review - Marbury v Madison

• Established the power of the judiciary to invalidate unconstitutional laws.

Powers Under Federalism

• Enumerated Powers: Powers explicitly listed (e.g., tax, regulate trade).

• Concurrent Powers: Shared by state and federal (e.g., taxes).

• Reserved Powers: Powers not delegated to the federal government, preserved for states (10th Amendment).

Federalism & Key Amendments

• 10th Amendment: Reserves powers to states.

• 14th Amendment: Guarantees equal protection under the law.

• Commerce Clause: Grants Congress power to regulate trade.

• Elastic Clause: Allows congressional flexibility to enact laws necessary for exercising enumerated powers.

Key Supreme Court Cases

• McCullough v Maryland: Established federal supremacy over state laws.

• Gibbons v Ogden: Reinforced federal authority over interstate commerce.

• Gonzales v Raich, US v Lopez: Addressed limits of federal power under the commerce clause.

Fiscal Federalism - Grants in Aid

• Categorical Grants: Federal funds with strict rules.

• Block Grants: Federal funds with broader discretion.

• Mandates: Federal requirements that state and local governments must follow.

Devolution of Federalism

• The trend toward transferring authority from federal to state governments.

Key Terms

• Popular Sovereignty: Government's power from the consent of the governed.

• Republic: Form of government with elected representatives.

• Dual Federalism: Clear separation of powers between federal and state government.

• Cooperative Federalism: Overlapping responsibilities between federal and state governments.

• James Madison: Known as the "Father of the Constitution," advocated for checks and balances.

Key Documents

• Second Treatise of Civil Government: Locke's argument for natural rights; influenced American democracy.

• Declaration of Independence: Outlined grievances against the British crown, and justified independence.

• Federalist No. 10: Madison addresses faction dangers; and advocates for the large republic.

• Brutus No. 1: Critique of federal government power and its potential to infringe on liberties.

• Federalist No. 51: Madison's explanation of the need for checks and balances.

• Constitution: Fundamental laws outlining the structure of government and the rights of the citizens.

Gossip Girl Version

The Enlightenment Philosophers... the original VIPs of government theory.

1. Hobbes—This guy was obsessed with power. In his world, without a strong leader (like a monarch), it’s chaos. His theory? The social contract—trade a little freedom for protection. Sure, it’s extreme, but who doesn’t love a little order in the madness?

2. Locke—Unlike Hobbes, Locke's all about the natural rights. He said, "Why settle for being ruled when you could have your own rights to life, liberty, and property?" His whole vibe was that if the government’s not protecting those rights, it’s time to overthrow. No drama there, right?

3. Montesquieu—This guy knew how to keep things balanced—literally. He’s the reason we have three branches of government today. Executive, Legislative, Judicial. One person can't rule it all—oh no, honey, checks and balances, babe.

4. Rousseau—He didn’t trust leaders at all. He wanted a direct democracy, where everyone has a voice. Forget elected officials—let the people make the rules. Drama central, right?

Now onto the Drama between Political Forms...

1. Participatory Democracy: Here’s the deal. Everyone gets a voice. Everyone votes, all the time. Think majority rules. More votes, more power.

2. Pluralist Democracy: It’s not just about the people; it’s about the interest groups. Who’s funding who? Who’s getting the best deals? It’s like a political competition between your fave groups—who’s gonna win, who’s got the best lobbyists?

3. Elite Democracy: You think you have a say, but real talk—it’s the elites running the show. Big business, wealthy individuals, and power players make all the big decisions. Not much you can do when the rich and powerful control it all.

Articles of Confederation & Shay's Rebellion—Let the Chaos Begin!

• Remember the Articles of Confederation? Yeah, they were supposed to hold everything together...but honestly, they were like a party that never showed up. They made the states too powerful and the national government way too weak. Big mistake, right?

• And then came Shay’s Rebellion—when farmers in Massachusetts were like, "Enough of this! We’re taking matters into our own hands!" What happened? Well, the government couldn’t even raise an army to stop them. Total fail, leading to the call for a stronger constitution.

The OG Showdown: Federalists vs. Anti-Federalists

• Federalists: The ones with the power, pushing for a stronger federal government. People like Madison and Hamilton were all, “Trust us, a national government is the best way to go.” They were about stability, order, and a little bit of that strong central control.

• Anti-Federalists: The rebels, babe. They were all about state rights and they hated the idea of a powerful, centralized government. Think Patrick Henry and George Mason—basically saying, “You can’t have a government that big without causing major problems for us, and we need a Bill of Rights!”

The Constitution: The Ultimate Compromise Party

• Great (Connecticut) Compromise: The battle between big and small states was real, but luckily, someone had the genius idea of mixing it up. Two houses: the Senate, where every state gets 2 reps (perfect for small states); and the House of Representatives, where reps are based on population (perfect for big states). Everyone gets a say. It’s like a perfect mix of exclusive and inclusive.

• The Electoral College: Here’s where the plot twists! Not everyone votes directly for the president. No, honey, we’ve got electors doing the dirty work, shady and calculated. But why? Because it keeps small states in the game.

• The 3/5 Compromise: Oof. This one’s a toughie. Enslaved people counted as 3/5 of a person for representation purposes. Talk about controversial. Southern states wanted to count them for more power in Congress, but this compromise was a bandaid for a much bigger issue.

The Original Choices (Spoiler Alert: Not Everyone Gets to Vote)

• Representatives: Chosen directly by the people. A popular choice.

• Senators: Originally chosen by state legislatures (can we say a little exclusive?). The 17th Amendment changed this—now they’re directly elected.

• President: Electoral College, baby. Voters choose electors, who then pick the President. It’s like two rounds of voting. Drama at its finest.

• Federal Judges: Appointed by the President, confirmed by the Senate. No public vote here, it’s all about insider politics.

The Art of Amendments: Let’s Change Some Things

• How do you change the Constitution? Easy. First, two-thirds of Congress has to agree, then three-fourths of the states have to approve. This is serious business, but it’s not impossible. We’ve made 27 changes to date.

President Powers—Not as Simple as They Look

• Commander-in-Chief: The President runs the show in wartime, calling the shots for the military.

• Chief Diplomat: Making deals with other countries, signing treaties (well, not just anyone can do that!*).

• Veto Power: Don’t like a bill? Veto it—and throw the ball back to Congress.

• Appointments: Judges, cabinet members—if you’re on the President’s VIP list, you’re in.

Federalism and Court Drama:

• Enumerated, Concurrent, and Reserved Powers: Who can do what? Enumerated powers go to the feds. Concurrent powers? Shared between feds and states. Reserved powers? Only the states can handle those.

• Federalism Showdowns: Let’s talk cases, babe:

  • McCulloch v. Maryland: Big win for the feds, who say, “States, you can’t tax us!”

  • Gibbons v. Ogden: Federal government wins again, saying it controls interstate commerce.

  • US v. Lopez: Not every law passes—sometimes states win.

Fiscal Federalism: The $$$ Talk

• Categorical Grants: No flexibility here, babe. The feds send money for specific projects—follow the rules, or no money.

• Block Grants: The feds send money, but they let the states have a little freedom in how to spend it. Not everything has to be by the book.

• Mandates: The feds say, “We’re giving you money, but you have to do this.” No exceptions.

Devolution: The Big Takeback

• The feds giving some of their power back to the states? Yes, please. Devolution means the states get more control over their own affairs, and the feds stop being so heavy-handed.

Key Terms: All the buzzwords you need to know:

1. Popular Sovereignty: The people have the power—period.

2. Republic: Elected officials running the show, not direct democracy.

3. Dual Federalism: Separate powers for federal and state governments.

4. Cooperative Federalism: The feds and states working together, like partners in crime.

Important Documents That Set the Scene:

1. Declaration of Independence: The OG breakup letter—declaring independence from Great Britain and calling out a king for ignoring their rights.

2. Federalist No. 10: Madison says factions (political groups) can be managed in a large republic. Not a bad move.

3. Federalist No. 51: More Madison, this time discussing checks and balances—everyone has to keep everyone else in check.

4. Brutus No. 1: The Anti-Federalists were not impressed. They wanted states to keep their power, and the Constitution? No thanks.

5. Constitution: The one document that holds it all together. It sets the rules—and we’re still living by them today.