Enlightenment Influence: 18th-century European intellectual movement shaping the Constitution's principles.
Popular Sovereignty and Social Contract:
Republicanism: People elect representatives to create laws; separation of powers among executive, legislative, and judicial branches.
Overall Concept: Limited government preventing tyranny through checks and balances.
Key Documents:
Participatory Democracy: Emphasizes broad participation; seen at local levels and through initiatives/referenda.
Pluralist Democracy: Groups compete to influence policy; citizens engage through interest groups (e.g., NAACP, NRA).
Elite Democracy: Limited participation based on the belief that educated individuals should govern; seen in Electoral College.
Document Tensions:
Federalist 10 (James Madison): Advocates for a large republic to manage factions through competition; protects minority rights via diversity.
Brutus 1: Expresses fears of centralized power harming local representation; supports participatory democracy.
Major Contention: Majority rule vs. minority rights. (Historical context of minority rights focused on regional and economic aspects.)
Articles of Confederation: Weak central government; only one branch (Congress); lacked taxation power.
Constitutional Convention (1787): Aimed to modify Articles, produced a new Constitution.
Amendment Process: Proposal by Congress or states; requires two-thirds vote, then three-fourths state ratification.
Definition: Sharing of power between national and state governments.
Types of Powers:
Fiscal Federalism:
Major Constitutional Provisions:
Key Supreme Court Cases:
Contemporary Examples: