UNIT 1- FOUNDATIONS OF AMERICAN DEMOCRACY

THE CONSTITUTION 1- GENESIS

  • first form of government

- articles of confederation

- bad- could not tax, could not enforce laws, no executive, ect

  • Connecticut compromise- great compromise

- bicameral legislative

  • foundations of constitution

- legislative branch is most powerful

- designed to be vague

-separation of powers

-checks and balances- president can veto, congress approves court appointments

  • [[separation of powers- divide power between the branches[[
  • [[checks and balances- allows one branch to stop another branch from gaining too much power[[

THE CONSTITUTION 2- POWERS

  • [[enumerated powers- list of powers in article 1 section 8 of the constitution. powers given specifically to congress- declare war, regulate commerce, tax[[
  • [[expressed powers- specifically granted to the federal government by the constitution- sometimes ties to enumerated powers[[
  • [[implied powers- powers of the federal government that go beyond those directly stated in the constitution- often come form the elastic clause[[
  • [[inherent powers- powers that grow out of the existence of government- executive order[[
  • [[formal powers- powers directly written in the constitution[[
  • [[informal powers- powers not directly written in the constitution[[
  • [[reserved powers- powers not specifically granted to the national government or denied to the state government. powers held by the states through the 10th amendment[[
  • [[police power- power of the state to enact laws promoting health, safety, and morals[[

THE CONSTITUTION 3- CLAUSES

  • [[supremacy clause- establishes that the federal gov is supreme over states. the consti is the supreme law of the land[[
  • [[necessary and proper clause- congress can grant congress any power that it deems necessary and proper[[
  • [[commerce clause- congress can regulate all trade that crosses state lines[[
  • [[due process clause-[[

-5th- no person shall be deprived of life, liberty, or property without due process of law

-14th- applies to states- no person shall be deprived of life, liberty, or property without due process of law

  • [[equal protection clause- 14th- states must apply the law equally and can’t discriminate against ppl or groups of ppl[[
  • [[free exercise clause- 1st- the gov cannot stop ppl from practicing or not practicing any religion. ppl are free to practice religion how they wish[[
  • [[establishment clause- 1st- gov cant establish a national religion[[

THE CONSTITUTION 3

federalist and anti- federalists

  • [[federalists[[

-favored weaker state govs and a strong central gov

-favored consti

-promised a bill or rights if consti was ratified

  • [[anti federalists[[

-favored strong states and a weak central gov

-called for a bill of rights

-not in favor of const

  • federalist papers

[[-fed papers- why the states should ratify the consti[[

{{-fed paper #10- factions are undesirable by inevitable and the consti can help limit the bad outcomes of faction{{

{{-fed paper #51- the structure of the consti will protect the country from one man or group getting too much power- sep of powers{{

  • principles of gov

[[-limited gov- gov is preserved from doing things- cant punish you without a public trial[[

[[-natural/ unalienable rights- rights we are all born with- the foundation of the declaration of indi and bill of rights[[

[[-popular sovereignty- a gov of the ppl- the ppl select the gov and the ppl´s approval provide the mandate for the gov[[

[[-republicanism-[[

-having a republican form of gov

-protection minority from the majority

[[rule of law- no one is above the law- everyone subjects to the laws of the land- including the president[[

[[-judicial review- power of the indi judiciary to rule laws unconsti[[

-checks and balances- the ability for each branch of the fed gov to stop the other 2 branches -sep of powers

-sep of powers- division of powers between the 3 branches of gov- congress declares war but the pres is the leader of the military

founding docs

  • {{declaration of indi{{

-foundation of civil liberties

-foundation of democracy in america

  • {{articles of confederation{{

-first form of gov. promoted states over fed gov

-many weaknesses that required a change to the consti

  • {{the consti{{

-all the good stuff in the consti

  • fed #51- sep of powers will protect the country from tyranny
  • fed #10- factions are bad, factions are inevitable. the consti will control factions
  • {{fed #70- a single executive is good bc they can act swiftly and the consti will prevent a tyrannical executinve{{
  • {{fed #78- the courts need judicial review. they dont have any enforcement power so the judiciary wont be that powerful{{

FEDERALISM 1

  • constitutional arrangement in which power is distributed between a central gov and sub-divisional govs, called states in the US. the national and the sub-divisional govs both exercise direct authority over individuals

FEDERALISM 2

  • dual federalism- layered cake- the national and state govs remain supreme within their own spheres- separate
  • [[cooperative fed- marble cake- national and state gov work together to complete projects- mixed[[
  • [[competitive fed- views that national gov, 50 states, and thousands of local govs are competing w each other over ways to put together packages of services and taxes[[
  • [[fiscal fed- pattern of spending, taxing, and providing grants in the federal system[[
  • [[devolution- passing of power down from the fed level to state/ local levels of gov[[

FEDERALISM 3- GRANTS

  • [[categorical grants- made for specific, carefully defined purposes,[[

- give the federal gov more power bc states must comply w the regulations and block grants give states more flexibility w implementation bc of fewer restrictions

-ex- money spent to build interstate highways and wastewater plant

  • [[project grants- fed grants given for specific purposes and awarded on the basis of the merits of applications. a type of categorical grants available to states and localities[[
  • [[block grants- made for a broadly defined purposes. block grants give the states brad discretion in how the money will be spent[[

-ex- money given to the states for homeland security and community development

FEDERALISM 4- MANDATES

  • [[fed mandate- rule telling states what they must do to comply w fed guidlines[[

-civil rights and environmental protection are the most common mandates

  • [[unfunded mandate- requires state and local govs to provide services without providing resources for these services[[

-1986 handicapped children´s protection act required public schools to build access ramps and provide special buses, but the act did not provide fed funds to pay for these additions

FEDERALISM SUPREME COURT CASES

  • ]]marbury v madison- established judicial review- increased power of fed govs]]
  • ]]McMulloch v marland- increased the power of the fed gov over the states by strengthiening the supremacy clause- states cant tax fed]]
  • ]]gibbons v ogden- increased the power of the red gov to use the commerce clause]]
  • ]]United States v Lopez- restricted congress’ (fed gov) ability to use commerce clause]]