limited government
influenced by the Enlightenment
natural rights: ppl are born with certain rights that are given to them by the Creator
from John Locke/Thomas Hobbes
both claimed a state of nature that humans had before any kind of government existed
hobbes believed ini the short bruttish etc thing
but Locke was a bit nicer lol: everyone born free
popular sovereignty: power to govern is in hands of people
social contract: the people give up some rights so that the gov to have natural rights to be protected
people can overthrow the government if ykyk
Rosseau
Spirit of the Law: by Montesquieu, republicanism means people elect officials to represent them in the government and the government should be divided by the three branches
Declaration of Independence: influenced by Enlightenment rah; life, liberty, and the pursuit of happiness
Philadelphia Convention/Constitution Convention: worked to make the Constitution in 1787 by the Grand Committee
checks and balances
participatory democracy: emphasizes broad participation in politics and civil society
direct democracy
seen as impossible as the nation grew (too many ppl to vote on everything)+ ppl are dumb
shows up more in local policy i.e town halls
initiative: when people put a measure on the ballot that they want passed
referendum: when people oppose a law that is passed by the legislative; if enough ppl oppose it, they can vote it out
elite democracy: emphasize limited participation by a few, well-educated and informed statespeople who are qualified to direct the nation through law making on behalf of the people
only specialists would rlly understand the gov and prevent the unwise from making stupid decisions
prez appointing judges
electoral college: handful of electors vote for prez
pluralist democracy: describes group-based activism by nongovernmental interests which work to impact political decision making
interest groups: form around a specific cause to push for certain legislation favorable to their cause
states are interest groups too— interest topic is their people
constitution has all three
elite model: provides for elected representatives that legilate on behalf of the ppl
pluralist model: in order to get a law passed, various interests, both states and otherwise, have to compromise to get it done
participatory model: separation of power between the federal government and state governments
fed 10 vs brutus 1
brutus 1 championed broard participatory model
feared the tyranny of a powerful central gov
wanted to keep majority of pwoer in the hands of the states
fed 10 argued that such a fear was unfounded
with so much diversity in the population, all the factions would have to compete against one another
by Thomas Jefferson
Preamble explaining why they are rebelling
not meant to be private— larger purpose to rally troops to fight+get foreign allies on their side
unalienable rights: life, liberty, and pursuit of happiness that originate from the Creator
cannot be taken away by government/king because the Creator gave it to them and the gov/king did not
ppl create govs to protect these rights (social contract)
when gov becomes “destructive of these ends [rights” then ppl are allowed to abolish the gov
by James Madison
this is about FACTIONS
factions: basically interest groups; want to dominate govs
2 ways to control factions: stop factions from forming or limit their effects
stop factions is dumb cuz that’s basically limiting freedom
as long as ppl have opinions it’s impossible to stop them from forming
so they have to limit their effects
they are limited through ding ding ding! a republican government
as the nation grows there will be more and more factions being formed lets say for example, the states
since there are so many factions they will need to compete and eventually come a compromise
this way, no one faction can ever completely take over (in theory ahahaha)
by brutus we dont rlly know lolol
confederacy is goated
necessary and proper clause and supremacy clause
the central authority would be so powerful that state govs will js be useless and have no power as the central gov can js crush them
i.e no one wants to have federal AND state taxes, so state govs will not get any/much taxes and js die as a result
similar idea with state vs federal courts
quoting montesquieu cuz we love the enlightenment right
as america grows, it will be harder for the elected officials to understand their constituents as there will just be so many of htem
federalists: argued for the ratification of the Constitution and for a strong central government
anti-federalists: argued against the ratification of the Constitution and believed in the Confederacy
most of this topic is js fed 10 and brutus 1 so js look at that
federalists won obvi
BUT the anti-feds were able to argue for a Bill of Rights, which protects our freedoms
articles created to make some kind of central government in order to make treaties and stuff with other countries
federal government only had one branch (only legislative
in order to make an amendment, ALL states had to agree
they were supa broke as they had no power to raise tax revenue
5% tariff tried to get some money but dint work cuz rhode island said no
no national currency
no power to raise a national army
Shays’ Rebellion really showed the weakness of this part of the articles
a bunch of ex military ppl were having trouble paying back their debts cuz of inflation after the Revolution and petitioned for relief from these debts
they dint get relief —> still paying both taxes and debts —> rebellion
showed tht they rlly did need national army to put down conflicts like this
it was BECAUSE OF THIS EVENT that famous ppl like Washington himself started urging support for the Constitution
weak af 🤯
gives power to the states at the expense of the central government
all power remains in the state unless stated otherwise
one legislative
each state has one vote in Congress
no state can establish treaties, receive any embassies, etc with other countries
no national army
each state has a militia at ready
articles be the final arbitor in disputes between states
9/13 (SUPERMAJORITY) states must agree to make major decisions such as declare war
every state must agree to make a change to the articles
constitution convention woowoowoowoo became a committee to make a new constitution due to our boi alexander hamilton
Great Compromise between the Virginia and New Jersey Plan
Virginia Plan: argued that representatives ought to be apportioned by population
bigger states would have more power
I like to remember how Virginia is a rather big state so it makes sense as to why they would want this
New Jersey Plan: argued that representatives ought to be apportioned equally: each state gets one vote
small states have an advantage
the compromise agreed upon a bicameral legislature
house of representatives: reps apportioned by population
senate: reps apportioned equally
Electoral College: each state is given the same number of electors as they have representatives in Congress, and it is the electors who put the president in office
3/5ths Compromise: count three-fifths of the enslaved population for purposes of representation AND count three-fifths of the enslaved population for the purposed of taxation
northerners were like why tf do yall think slaves will be counted for representation when yal dont treat them like ppl 😭
southerners had sm slaves they rlly wanted to take more advantage of them than necessary lol
importation of enslaved ppl: slave trade wouldnt’ be touched for another 20 years, after which it will be abolished
proposal and ratification
either congress of special state conventions can propose an amendment
2/3rds vote is needed to pass the amendment to the next stage
the proposed amendment must be ratified or accepted by 3/4ths of the states
can be done by state legislature or state ratifying conventions
if 3/4ths of states approve, it will become a amendment
Article I: the forms and powers of Congress
longest: shows that this is supposed to be strongest branch— the one tht reps the ppl
bicameral legislature: Senate and House ykyk
enumerated powers: lay and collect taxes, borrow money, coin money, declare war, raise and support armies, maintain a navy\
necessary and proper clause/elastic clause: Congress can make any other laws that are necessary and proper to uphold its duties stated in the enumerated powers
Article II: provisions for the executive branch
prez elected through electoral college
prez is the commander in chief
prez executes/enforce laws
prez signs laws
Article III: judicial branch
supreme court has original jurisdiction and appellate jurisdiction
one Supreme Court and Congress can establish inferior courts, which they do the Judiciary Act of 1789
judges interpret the law and judges if they are constitutional or not (judicial review established in Marbury v. Madison)
Article IV: the fed gov’s relationship to the states and the relationships of the states themselves
Article V: how the constitution gets amended
2/3rds of both Houses of Congress or state legislatures can propose
3/4ths of states have to agree to ratify
Article VI: the Supremacy Clause
the Federal government trumps state governments
if a state gov’s law goes against a federal gov’s law the federal law triumphs
Bill of Rights: the first 10 amendments to the Constitution stating the specific rights of Americans
separation of powers: no one branch of government holds all the authority; powers are separated lolol
legislative branch: congress makes laws
executive branch: bureaucracy and prez enforce laws
judicial branch: the Supreme Court+the smaller courts throughout the country
checks and balances: ability to “check” other branches to make sure they are not overstepping and stuff
legislative branch can check executive branch with its power of advice and consent designated to the Senate (confirmation of Judges and Cabinet members)
congress can also impeach the president
executive has the power to veto Congress’ law by prez js not signing the law
congress can override the veto with 2/3rds vote
judicial branch has power of judicial review, declaring laws null and void
interest groups: can pay professional lobbyists to meet with representatives to make them aware of the group’s causes and try to persuade them to vote in the group’s interests
average citizens can email bureaucratic agencies an stuff idkidk
by James Madison
ppl suck so we need a government lol
separation of powers and checks and balances are created to keep each department in check
each branch should have as much power independent of each other as possible as well as be as equal as possible
each branch is further divided
i.e legislative branch is bicameral
federalism: power divided between the federal and state governments
the way the powers are separated AND how each branch can keep each other in check, there’s a double security to keep tyranny from happening
federalism: the sharing of power between the federal and state governments
exclusive powers: powers delegated to the federal government alone by the Constitution
reserved powers: powers kept by the states
from the 10th amendment: powers not delegated by the Constitution to the federal government or prohibited to the states are reserved to the states
concurrent powers: powers in which states and fed gov share
i.e taxes
fiscal federalism: federalism via money
grants
categorical grants: give federal money to the states as long as they comply with specific standards
i.e civil rights act of 1964, elementary and secondary education act
block grants: money given to the states by the fed gov to be spent in a broad category and the states determine exactly how that money is spent within those boundaries
can STILL have boundaries but they are more broad
states like this obviously
mandate: the federal gov requires states to follow federal directives and gives money toward the carrying out of the mandate
i.e clean air act
unfunded mandate: the fed gov sets a mandate and sets no funds to uphold it
i.e no child left behind act
RLLY not popular w states
unfunded mandates reform act: curtailed the fed gov’s ability to issue unfunded mandates
congress chartered the Second Bank of the US, establishing branches in different states
Maryland didn’t like that so they established a law that fined any banks not established by the state of Maryland
cashier of the bank refused to pay the fine and the case became a thing
maryland argued that the establishment of a nat’l bank was unconstitution
article I section 8 did not say that Congress had the power to create a bank
McCulloch argued that the bank was constitutional under the necessary and proper clause of Article I Section 8
implied powers: powers implied but not explicitly said
establishing the national bank is one
court ruled in favor of McCulloch under the necessary and proper clause
upholds the spirit of the Constitution even if the Constitution doesn’t state that Congress can do it
remember supremacy clause
in this course, this case is the opposite of US v. Lopez as it is in favor of the federal government and upheld federal power
in Texas high school senior Alfonso Lopez carried a 38 caliber pistol and ammunition to school
arrested cuz he violated a Texas law that prohibited people from bringing guns to school
but his state charges were dropped because there was federal law, the Gun-Free School Zones Act, which served the same purpose as the afforementioned Texas law
so he was charged under federal law instead
this became a states vs federal government power issue because Congress claimed they could make the Gun-Free School Zones Act because of the Commerce Clause
commerce clause gives Congress the authority to regulate congress
US argued that guns in schools lead to gun violence in schools leading to less ppl travelling through the area, which negatively effects commerce in that area
additionally this leads to the learning evnironment deteriorating —> less educated citizenry —> commerce is affected negatively
Lopez argued that connected the commerce clause to gun violence is dumb and government overreach
decision in favor of Lopez because well the overreach is overreaching and allowing these laws to occur basically means that Congress can do what it does
this court case is the opposite of McCulloch v. Maryland because it protects the reserved powers of the states
10th amendment: reserved powers for the states
regulation of trade within states for example
14th amendment: applied the Bill of Rights to the states
not only did a citizen have protection of their rights against the federal government, but also the the state government
commerce clause: gives Congress the authority to regulate commerce among the states
necessary and proper clause ykyk
used to make the First National Bank, arguing that it was necessary and proper for Congress to establish a national bank in order to uphold its duties to regulate interstate commerce, tax and coin money
full faith and credit clause (Article IV): each state must respect the other’s laws
i.e driving to another state doesn’t revoke a driver’s license from home state
environmental regulation
Paris Agreement
Obama was able to join the Paris Agreement through executive order (executive agreement which is in a later unit)
states had to oblige by the Agreement
but when Trump took over US was gone from the Agreement, but some states i.e California (woo i love my state) decide to still oblige by the Agreement despite us leaving it (twice now)
marijuana
states started allowing recreational marijuana and letting their citizens break federal law
this is because Obama, who was a proponent for legalization of marijuana, just didn’t execute the federal law that illegalized marijuana