Results for "limited government"

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Chapter Review 1 - 3 Definitions Power/authority/legitimacy Government/Politics Policymaking wheel Pluralism/Elite Class Theory/Hyperpluralism Self-Government (Colonial Legislatures)/French-Indian War = Taxes Stamp Act Resistance to taxes Interaction with British Soldiers Massacre/Tea Party Declaration of Independence Bitter attack against the King, NOT Parliament Lockean Ideas Natural Rights Consent of the Governed = Representative Government = Popular Sovereignty (government rests with the people; made government legitimate) Limited Government Standing Laws Preservation of Property = principle purpose of government Right to Revolt Common Sense Revolution Conservative Revolution Articles of Confederation (1781 Power with the states Few powers outside maintaining an army and a navy (though not a standing Army Unanimous Consent to pass new laws 9/13 to Amend No power to tax No executive branch No judicial branch No power to regulate interstate and foreign commerce No common currency No uniform bankruptcy laws (Shay’s Rebellion) Changes in the States States adopted bills of rights, abolished religious qualifications for holding office and liberalized requirements for voting Farmers and Artisans (new middle class) taking over legislatures (especially in the North) Ideas of egalitarianism among white males driving force Economic Turmoil New middle class more sympathetic to debtors and were passing laws favoring debtors over creditors Shay’s Rebellion 1786 Series of attacks on courthouses Spread to other states Frightened economic elites Push for change = Constitutional Convention Constitutional Convention (May 1787) 55 elites Human Nature Men were selfish, out for money and power (Hobbes) Political Conflict Unequal distribution of property (wealth) Led to factions (interest groups/political parties) Government should check the effects of factions Purpose of Government Preservation of Property Nature of Government Power set against power so no one faction would overwhelm others Separation of powers and Checks and Balances (Montesquieu) Equality Issues Connecticut Compromise 3/5 Compromise Voting determined by states Economic Issues Beard Commerce/Slave Trade Compromise Coining $ Levy Taxes Borrow/Spend Uniform bankruptcy Laws Assumption of Debt Individual Rights Issues Prohibits suspension of the writ of habeas corpus No bills of attainder No ex post facto laws Prohibits religious qualifications for holding office Trial by jury Narrowly defines treason Madisonian Model Reconciling Majority Rule (those without property/wealth) with the protection of Minority Rights (wealthy) Majority rule is the most fundamental element of democratic theory Electoral System Visual Put as much government as possible beyond the power of the majority More democratic today 17th Amendment Electoral College mimics the popular vote in each state Separation of Powers/Checks and Balances Creating a federal system of government An additional check on the national government Set up a Republic, not a Democracy System based on consent of the governed in which representatives of the public exercise power Ratification Federalists v Anti-Federalists Federalist Papers Bill of Rights Barron v Baltimore Constitutional Change Federalism Two or more levels (national and state/local) of government, each with significant policymaking power No other practical choice in 1787 People were more loyal to States Compare with Unitary and Confederate Constitution guarantees states equal representation in the Senate (an example of federalism; Senators look after the interests of their state, rather than a district) National Supremacy Supremacy Clause Civil War Civil Rights Movement 10th States’ Rights Advocates An assertion that States have independent powers of their own, not a declaration that State powers are superior to those of the national government 11th Amendment Sovereign immunity McCulloch v Maryland Supremacy of the national government when acting in accordance with the Constitution Doctrine of Implied powers Necessary and Proper Clause aka elastic clause Regulation of food and drugs, interstate highways, clean up air and water, minimum wage, military draft Commerce Power Gibbons v Ogden NLRB v. Jones Wickard v Filburn US v Lopez and US v Morrison Printz v US and NFIB v. Sebelius Decentralizes politics (more access points to government) AND Decentralizes policies (Allows states to act as laboratories and to have different policies regarding the same issue) States’ Obligations to each other Full Faith and Credit Privileges and Immunities The more fundamental the right (owning property and police protection), the less likely it is that a state can discriminate against citizens of another state Saenz v Roe (1999) Privileges and immunities clause of the 14th amendment Extradition Intergovernmental Relations Shift from dual federalism (layer cake) to cooperative federalism (marble cake OR 50 marbled cakes) Cooperative Federalism Interstate highways Education Shared costs Shared administration Federal guidelines Strings (conditions) for receiving federal funds (raising the drinking age to 21) Devolution 1994 Congress Transferring of responsibility for policies from the federal government to state and local governments Repeal of federal speed limit laws More latitude in dealing with welfare policy Soon reversed course Found turning the federal government and restricting state power as a means to achieving policy objectives Health care and immigration Tea Party Movement Push for more devolution Fiscal Federalism Pattern of taxing, spending and providing grants in a federal system Grants Making Categorical Grants Project Formula Grants Block Grants 1996 Welfare Reform Act Mandates Requirements that direct state or local governments to provide Additional services under threat of penalties or as a condition of receipt of federal grants Medicaid NFIB v Sebelius ADA (1990) NCLB (2002) Place financial burdens on states Diversity in Policy Education funding Welfare Payments Discourages states from providing services Death Penalty
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### EVENTS LEADING TO THE WRITING OF THE CONSTITUTION - **Struggle Between the Colonies and Britain**: Tensions arose as Britain imposed heavy taxes and restrictive laws, while the colonists felt increasingly marginalized. - **Relationship between Colonists and King/British Government**: The relationship soured over issues like taxation, representation, and control, especially after the French and Indian War. - **Actions by King/British Government Towards Colonists**: Imposed taxes (e.g., Stamp Act, Tea Act), the Intolerable Acts, and quartering British troops. - **Actions by Colonists Towards King/British Government**: Protested through boycotts, organized the Boston Tea Party, and formed militias. - **King George III**: The monarch of Britain during the American Revolution, seen as a tyrant by the colonists. - **Taxation without Representation**: A rallying cry for the colonists, arguing that they shouldn't be taxed by a government in which they had no political representation. - **First Continental Congress**: A 1774 meeting where delegates from 12 colonies met to respond to British policies, leading to boycotts and military preparations. - **Declaration of Independence**: Written by Thomas Jefferson in 1776, it declared the colonies’ separation from Britain. It was adopted in Philadelphia on July 4, 1776. - **Common Sense by Thomas Paine**: A 1776 pamphlet that argued for independence from Britain, greatly influencing public opinion. - **Second Continental Congress**: Met in 1775 to manage the war effort and eventually declare independence. - **US Constitution**: The framework for the U.S. government, establishing three branches and the system of federalism. - **Bill of Rights**: The first 10 amendments to the Constitution, protecting individual freedoms. - **Articles of Confederation**: The first constitution of the U.S., which created a weak central government. - **How Constitution is Different from Articles**: The Constitution established a stronger federal government, with executive, legislative, and judicial branches. - **Constitutional Convention**: Held in 1787 to draft the Constitution. --- ### STRUCTURE OF THE CONSTITUTION - **Preamble to the Constitution**: The introduction that outlines the purpose of the Constitution. - **Seven Articles of the Constitution**: 1. **Legislative Branch**: Establishes Congress, its powers, and the legislative process. 2. **Executive Branch**: Defines the presidency, powers, duties, and impeachment. 3. **Judicial Branch**: Establishes the Supreme Court and lower courts, and their powers. 4. **States' Relations**: Addresses the rights and powers of states and their interaction with the federal government. 5. **Amendment Process**: Explains how the Constitution can be amended. 6. **Supremacy Clause**: Declares the Constitution the "supreme law of the land." 7. **Ratification**: Details the process for ratifying the Constitution. - **27 Amendments**: The changes and additions made to the Constitution over time, including the Bill of Rights. --- ### SIX BASIC PRINCIPLES - **Limited Government**: The government has only the powers that the Constitution gives it. - **Rule of Law**: Everyone, including government officials, must follow the law. - **Federalism**: The division of power between the national and state governments. - **Supremacy Clause**: The Constitution and federal laws take precedence over state laws. - **Popular Sovereignty**: The people are the ultimate source of governmental authority. - **Separation of Powers**: The division of government into three branches—executive, legislative, and judicial. - **Judicial Review**: The power of the courts to declare laws unconstitutional (established in *Marbury v. Madison*). - **Checks and Balances**: Each branch of government can limit the powers of the other branches. --- ### FORMALLY AMENDING THE CONSTITUTION - **Proposing Amendments**: Can be done by a two-thirds vote in both houses of Congress or a national convention. - **Ratifying Amendments**: Requires approval by three-fourths of the state legislatures or conventions. --- ### INFORMALLY AMENDING THE CONSTITUTION - **Laws Passed by Congress**: Congress can pass laws that shape the way the Constitution is applied. - **Actions by the President**: Executive actions and orders can effectively amend how the government functions. - **Decisions of the Supreme Court**: Court rulings interpret the Constitution and can lead to significant changes in law. - **Influence of Political Parties**: Parties affect how the Constitution is applied, even though they aren’t mentioned in the Constitution. - **Customs/Traditions**: Long-standing practices (e.g., the President serving only two terms before the 22nd Amendment) can informally amend the Constitution. ---
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