Natural Rights and Social Contract

• John Locke: People are born with innate, natural rights which are unalienable. The social contract is an agreement between the people to establish a government in order to protect natural rights.

Declaration of Independence

1. The introduction establishes the idea of natural rights

2. The preamble covers consent of the governed, popular sovereignty, and the right to rebellion

3. The grievances provide examples of the British king’s tyranny

4. The fourth section describes attempts to fix the issues

5. The conclusion declares US independence from Britain

Theories of Democracy

• Participatory: Policy is influenced the most by direct participation of citizens

• Pluralist: Policy is influenced the most by non-governmental groups and organizations

• Elitist: Policy is influenced the most by the wealthy and powerful

Articles of confederation

• States are sovereign but in ‘firm league of friendship’

• Weaknesses: Fed had no power to tax, no executive or judiciary branch, supermajority required to make laws and unanimous amendment agreement

• Led to conflict among states and made foreign policy confusing

• Shay’s Rebellion: states increased taxes, widespread foreclosures! Courts closed down, rich people had to fund army (weak fed govt response)

Constitution

• The great compromise: Bicameral legislature. House of reps based on population and senate (2 per state)

• 3/5 compromise: When counting population, slaves count for 3/5 of a person

• Slavery: Couldn’t be outlawed for 20 years, northern states must return runaway slaves

• Ratification: Required 9 states! Federalists said need for unity, balanced power. Anti-federalists said lack of bill of rights, too much fed power

Key: Checks and balances, federalism, separation of powers

1. Legislative branch

   • Necessary and proper clause: Congress can establish laws to execute enumerated powers, limited by cons.

   • War powers: Legislature declares war, executive is commander in chief of military

   • Writ of habeas corpus: Right to know charges

   • Ex post facto: No laws convicting someone of crime before it was illegal

2. Executive branch

3. Judicial branch

   • Definition of treason, prevents govt from taking down opps

4. States, citizenship, new states

5. Amendment process

6. Debts, supremacy, oaths, religious tests

   • Supremacy clause: Con = supreme law of land

7. Ratification

Federalist and Anti-federalist Arguments

Federalist 10

• Faction: Self-interested group that tramples the rights of others

• Eliminating factions would suppress liberty

• Natural check is a large + diverse republic

Brutus 1

• US is too large to be a republic, fed has too much power

• Power excess (taxes, NP clause, supremacy clause, federal judiciary, military control)

• Con destroys state rights

Federalist 51

• Each branch has its own role to play and can check the others to prevent concentration of power

• Compound republic (federalism) provides double security against tyranny

• “You must first enable the government to control the governed, and in the next place oblige it to control itself.”

Checks and Balances

Judicial Branch

• Abilities: Interprets laws and constitution, reviews lower court decisions

• Exec checks: May declare executive actions unconstitutional

• Leg checks: May declare laws unconstitutional

Legislative Branch

• Abilities: Writes laws, confirms presidential appointments, ratifies treaties, grants money, declares war

• Exec checks: May reject appointments and treaties, impeach president, withhold funding for presidential initiatives, override a veto

• Jud checks: May reject supreme court appointments and impeach justices, propose constitutional amendments to overrule judicial decisions

Executive Branch

• Abilities: Propose and administer laws, command armed forces, appoint ambassadors and other officials, conducts foreign policy, negotiates treaties

• Jud checks: Appoints judges

• Leg checks: May veto bills and adjourn congress in certain situations

Federal vs State Powers

• Reserved powers are exclusive to states (Regulate intrastate commerce, control public education, establish local government, public health and safety, etc.)

• Exculsive Powers can only be exercised by the federal government (Declaration of war, coining money, conducting foreign affairs, regulating interstate commerce, regulating the postal system, etc.

• Concurrent Powers belong to states and the federal government (taxes, courts, eminent domain, regulating banks, borrowing money

• Tribal Powers: Tribes retain sovereignty unless given up by treaties with the federal govt. They govern themselves, make and enforce their own laws, collect taxes, determine tribal citizenship, and regulate activity on tribal land.

Supreme Court Cases

McColloch V. Maryland

• Congress established a national bank and opened a branch in Maryland. Maryland legislature taxed the bank heavily in an attempt to run it out of business.

• Ruling: Necessary and proper clause gives congress implied powers, so congress had the right to establish a bank. Based on the supremacy clause, this federal action cannot be interfered with by state legislature.

US V. Lopez

• A Texas kid brought a gun to school. He was charged at the federal level under the Gun Free School Zone Act passed by congress.

• Ruling: Congress cannot use the commerce clause to justify the Gun Free School Zone Act because it does not directly affect interstate commerce.