Enlightenment Influence
European intellectual movement in the 18th century that shaped government principles.
Key Enlightenment thinkers and their ideas:
Natural Rights:
Rights bestowed by the creator and not subject to government or monarch removal.
Social Contract and Popular Sovereignty:
Government's legitimacy comes from the consent of the governed, with power lying ultimately in the hands of the people.
If government fails to protect rights, citizens have the right to overthrow it.
Republicanism:
Citizens elect representatives to create laws and protect public interests.
Involves separation of powers among three branches: executive, legislative, and judicial.
Declaration of Independence:
Articulates natural rights (life, liberty, and the pursuit of happiness) and foundations of popular sovereignty.
U.S. Constitution:
Blueprint that establishes republicanism and separation of powers.
Participatory Democracy:
Emphasizes broad engagement from citizens in the political process.
Pluralist Democracy:
Focus on interest groups competing for influence over public policy.
Elite Democracy:
Limited participation by general populace; governance by educated elites.
Example: Electoral College limits direct voter influence.
Foundational documents (Constitution, Federalist 10, Brutus 1) illustrate the conflicts between democratic models.
Federalist 10:
Emphasizes the need to control factions to protect rights and common good in a large republic.
Brutus 1:
Warns against federal overreach, arguing for stronger state sovereignty to protect individual liberties.
Articles of Confederation:
First governing document with weak federal power, minimal revenue collection, and no national army.
Major weaknesses highlighted by events like Shay's Rebellion.
Constitutional Convention of 1787:
Aimed to amend Articles but resulted in a new Constitution.
Key Compromises:
Great Compromise: Establishment of a bicameral legislature.
Electoral College: Method for electing the President.
3/5 Compromise: Counting enslaved people for representation purposes.
Slavery Clause: Postponement of the slave trade regulation for 20 years.
Separation of Powers: Ensures that no branch becomes too powerful.
Checks and Balances: Each branch has specific powers to limit others.
Examples:
Congressional power of legislation and advice/consent.
Presidential veto power over laws passed by Congress.
Judicial review enables courts to determine the constitutionality of laws.
Definition of Federalism: The distribution of power between national and state governments.
Types of Powers:
Exclusive Powers: Powers assigned to the federal government.
Reserved Powers: Powers reserved for the states (10th Amendment).
Concurrent Powers: Powers shared by both levels of government.
Fiscal Federalism: Funding strategies where federal funds are conditional upon compliance with federal standards.
Categorical Grants: Funds for specific purposes with conditions.
Block Grants: Allow states more discretion in spending.
Mandates: Requirements for states to comply with federal directives, with possible funding.
Historical arguments focusing on the balance of power.
Example: USA Patriot Act increased federal surveillance post-9/11.
Example: No Child Left Behind Act represents federal involvement in education, causing state pushback.
Key Constitutional Provisions affecting federalism:
10th Amendment: Powers not given to the federal government are reserved to states.
14th Amendment: Applies Bill of Rights to the states.
Commerce Clause: Allows regulation of interstate commerce.
Necessary and Proper Clause: Allows for implied powers of Congress.
Key Supreme Court Cases:
McCulloch v. Maryland (1819): Expands federal power; emphasizes supremacy of federal law over state law.
United States v. Lopez (1995): Limits federal power by ruling the Commerce Clause cannot regulate guns in schools.
Environmental Regulations: States can set stricter rules than federal laws.
Marijuana Legalization: States like California legalized marijuana for medical use while it remained illegal federally, showcasing state experimentation within federal constraints.