John Lockeās Natural Rights Philosophy:
Enlightenment thinker John Locke argued that all people are born with natural rightsālife, liberty, and property. Government is formed by the consent of the governed, and its primary role is to protect these rights. If it fails, citizens have the right to revolt. These ideas are foundational to the Declaration of Independence and American political thought.
Social Contract Theory:
The idea that people give up certain freedoms to a government in exchange for protection of their natural rights. This concept justifies the existence of government and is central to democratic theory. If the government breaks this contract, citizens can replace it.
Popular Sovereignty:
The principle that political power resides with the people. The government gets its power through the consent of the governed, not divine right or heritage. This is echoed in the phrase āWe the Peopleā from the Constitutionās Preamble.
Purpose and Structure:
Drafted by Thomas Jefferson, it declared the coloniesā independence from Britain. It consists of a philosophical justification (drawing heavily from Locke), a list of grievances against King George III, and a formal declaration of independence.
Core Principles:
Asserts natural rights, government by consent, and the right to overthrow tyrannical governments. It laid the ideological foundation for American democracy and inspired other democratic revolutions worldwide.
First National Government:
A loose confederation of sovereign states with a weak central government. The national Congress had no power to tax, no executive or judiciary, and required unanimous consent for amendments.
Weaknesses:
Could not levy taxes or regulate commerce.
No national court system or executive branch.
Amendments required unanimous consent.
Each state had one vote regardless of size or population.
States retained most of the power, leading to economic and diplomatic instability.
Significance:
The failure of the Articles exposed the need for a stronger central government, which led to the Constitutional Convention.
Purpose:
Initially convened to revise the Articles of Confederation but resulted in drafting an entirely new Constitution.
Major Debates:
Representation: Resolved by the Great Compromise (Connecticut Compromise) which created a bicameral legislatureāHouse of Representatives (population-based) and Senate (equal representation).
Slavery: Addressed through the Three-Fifths Compromise, counting enslaved individuals as 3/5 of a person for purposes of representation and taxation.
Commerce: Resolved with the Commerce and Slave Trade Compromise, allowing federal regulation of interstate commerce but prohibiting any ban on the slave trade for 20 years.
Executive Power: Debated over how to elect the president, resolved with the creation of the Electoral College.
Federal vs. State Power: Created a federal system dividing powers between national and state governments.
Separation of Powers:
Power is divided among three branchesāLegislative (makes laws), Executive (enforces laws), and Judicial (interprets laws)āto prevent tyranny.
Checks and Balances:
Each branch has powers to check the others (e.g., presidential veto, Senate confirmation of judges, judicial review). Ensures no one branch becomes too powerful.
Federalism:
A system where power is shared between the national and state governments. The Constitution outlines enumerated powers (federal), reserved powers (state), and concurrent powers (shared).
Limited Government:
The government has only the powers that the Constitution gives it. It cannot infringe on individual liberties and is restrained by the rule of law.
Republicanism:
Citizens elect representatives to make policy decisions on their behalf. This ensures public participation while filtering it through a structured government system.
Federalists:
Supported the ratification of the Constitution.
Favored a strong central government to ensure stability and national unity.
Believed checks and balances would prevent tyranny.
Prominent Federalists: Alexander Hamilton, James Madison, John Jay.
Federalist No. 10: Madison argued that a large republic would protect against factions by diluting their influence across a wide population.
Anti-Federalists:
Opposed the Constitution, fearing centralized power.
Believed it lacked protections for individual liberties.
Wanted stronger state governments.
Prominent Anti-Federalists: George Mason, Patrick Henry.
Pushed for the inclusion of a Bill of Rights as a condition for ratification.
Federalist No. 10 (James Madison):
Warns about the dangers of factions (groups with shared interests).
Advocates for a large republic where factions are diluted and cannot dominate.
Argues that the republic form of government is best for controlling the effects of factions.
Brutus No. 1 (Anti-Federalist Paper):
Argues that the new Constitution gives too much power to the central government.
Believes that a large republic will lead to a loss of personal liberty and the government being unresponsive to local needs.
Predicts that federal power will eventually overtake state sovereignty.
Participatory Democracy:
Emphasizes broad participation in politics and civil society. Town hall meetings and referendums are modern examples.
Pluralist Democracy:
Political power is distributed among many competing interest groups. No one group dominates, and policy is made through compromise and bargaining.
Elite Democracy:
A small number of educated, wealthy individuals influence political decision-making. Critics argue that this undermines the democratic ideal of equal representation.
Necessary and Proper Clause (Elastic Clause):
Allows Congress to pass laws needed to carry out its enumerated powers (Article I, Section 8). Has been used to expand federal power.
Supremacy Clause:
Establishes that the Constitution and federal laws take precedence over state laws (Article VI). Reinforces national authority.
Tenth Amendment:
Reserves powers not delegated to the federal government to the states or the people. Basis for arguments in favor of statesā rights.
Commerce Clause:
Grants Congress the power to regulate interstate commerce. Broadly interpreted to justify many federal actions.
Dual Federalism (āLayer Cakeā Federalism):
Distinct separation between federal and state governments. Each operates in its own sphere of influence. More common in early U.S. history.
Cooperative Federalism (āMarble Cakeā Federalism):
National and state governments work together to solve problems (e.g., New Deal programs, education policy). Responsibilities and funding often overlap.
Devolution:
The process of returning more power to the states, often seen in the 1980sā90s with policies like block grants.
Faction: A group of people with shared interests that may work against the common good.
Bicameral Legislature: A legislature divided into two housesāHouse of Representatives and Senate.
Checks and Balances: Mechanisms through which each branch of government can monitor and limit the functions of the others.
Ratification: Formal approval of the Constitution by the states.
Amendment Process: The procedure for making changes to the Constitution, requiring proposal by 2/3 of Congress and ratification by 3/4 of the states.