Theories of American democracy (definition and example)
Pluralist theory/democracy | Group political participation (ex. interest groups & political parties) |
Elite and class theory/democracy | More wealthy groups with more influence |
Participatory theory/democracy | Widespread political participation (ex. voting) |
American democratic principles (definition)
consent of the governed | Citizens give permission/have agreed on the people who govern them |
natural rights | Life, liberty, and property (changed to the pursuit of happiness), rights that everyone is born with |
popular sovereignty | People have the right to govern |
social contract | Agreement in a democracy that you will give up some things & you cannot do everything, but it is for the greater good |
limited government | Government is restricted to our laws and our Constitution |
republicanism | Representatives governing on behalf of the people |
separation of powers | Branches of government are split, so one does not overpower the other |
Timeline of events (just read)
Declaration of Independence (1776) - separation from Britain
Articles of Confederation - first constitution, based on strong state rights and weak central government (could not tax or regulate trade)
Shays’ Rebellion (1786) - farmers’ rebellion over taxation/signaled failures of Articles
Constitutional Convention (1787) - meeting over trade but scrapped the Articles of Confederation
Constitution (1788)
Constitution Compromises
Compromise | Problem | Resolution |
Great | Legislative representation | Bicameral Congress |
Three-Fifths | How to count slaves | For every 5 slaves they counted, 3 would be included in the population count for representation purposes, which significantly impacted the political landscape of the time |
Commerce | States couldn’t get along over trade | Interstate & foreign commerce |
Electoral College | How to select the president | Blend of everyone has a vote & select few have a significant influence on the outcome, balancing popular sovereignty with a mechanism that favors state representation. |
Constitution (separation of powers)
Branch | Responsibility (job) | Headed by |
legislative | Makes laws & oversee budget | Congress |
executive | Enforce laws & oversee federal agencies | President |
judicial | Interpret laws | Supreme Court |
Constitution (federalism) - give three powers in each category
National Government (expressed powers, enumerated, explicit powers or delegated powers) | National and State Governments (concurrent powers) | State Governments (reserved powers) |
| Taxation Establish banks/courts Make/enforce laws Pay debts
| |
Constitution (models of federalism) - define
dual | Two different sets (states did their thing & national government did their thing) |
cooperative | States and national government worked together |
Constitution (fiscal federalism) - define
categorical | Liked by national government because it imposes national rules and laws (lots of rules) |
block | Liked by states because there are not many rules and gave states freedom |
Constitution (clauses) - define
commerce | Congress regulates foreign & interstate trade |
necessary and proper clause (elastic) | Implied powers to Congress |
full faith and credit clause | Documents and processes carry over between states |
supremacy clause | The Constitution is the supreme law of the land |
Constitution (individual rights) - define
ex post facto laws | No punishment after the fact |
bills of attainder | You are entitled to a trial |
writ of habeas corpus | You have to be told why have been detained/in trouble |
Constitution (amendment process) - what is the two part process
2/3rds of Congress propose a change 3/4ths of the states must then approve it/ratify it |
Constitution
Parts | Purpose |
Preamble | Introduction (purpose) |
Article 1 | Legislative branch powers |
Article 2 | Executive branch powers |
Article 3 | Judicial branch powers |
Article 4 | Relationship between the states and the federal governement (full faith & credit clause) |
Article 5 | How the Constitution will be amended in the future (amending process) |
Article 6 | Supremacy of national government |
Article 7 | Ratification |
Amendments | Changes to the Consitution (been changed 27 times |
Constitution (opposing views) - what did they like/dislike
Federalists | Liked the Constiution - federalism, separation of powers, checks & balances, and strong, centralized government |
Anti-Federalists | Disliked the Constitution - individual rights were not secured
|
Supreme Court Cases:
McCulloch v. Maryland (1819):
Facts: Maryland taxed the national bank, McCulloch in the national bank refused to pay it
Constitutional Issue: Can a state tax the national government? Can the national government create a bank?
Holding/Reasoning: Upheld McCulloch because they deemed the bank necessary and proper for carrying out the government's enumerated powers and because the supremacy clause gave the national government power over the states
Precedent: National government has implied powers & their rules will prevail over state laws
United States v. Lopez (1995)
Facts: Lopez had a weapon on public school campus and the national government charged him with violation of one of their laws
Constitutional Issue: Was this law legal under the Commerce Clause?
Holding/Reasoning: Upheld Lopez because the Gun Free School Zones Act could not exist as a violation under the Commerce Clause as it did not give Congress the authority to regulate guns in schools, thereby limiting federal power and emphasizing the importance of state rights
Precedent: If it is not a power given to the national government, it is reserved for the states (10th Amendment)
Note
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