1: Foundations Flashcards
Constitutional Convention
1787, Philadelphia, 55 delegates (all states except RI)
Enlightenment concepts
- Natural rights
- Social contract
- Egalitarianism
- Liberty
Natural rights
Life, liberty, and property (John Locke)
AoC: how many states to pass laws?
9 of 13
AoC: Changes to articles
Unanimous consent
AoC: number of articles
13
AoC: representation
Every state 1 vote
How is limited government achieved?
Written constitutions
Participatory democracy
Emphasizes broad participation and engagement in political decision making
Pluralist democracy
Emphasizes non-governmental collective activism through interest groups
Elite democracy
Policymaking dominated by elected representatives as trustees
AoC: Congress
Formulated 1777, ratified 1781
Constitution: Key principles
- Separation of powers
- Federalism
- Checks and balances
- Popular government
Necessary and Proper Clause
- AKA Elastic Clause
2. Article I, Section 8
Supremacy Clause
Article VI, Clause 2
Preemption doctrine: allows courts to invalidate state laws in conflict with the Constitution, federal laws, and treaties
Federalists vs AF: Political positions
Federalists: favored large federal republic to better organize and defend the US
AF: Strong state and local governments and a weak national government
Federalists vs AF: Key supporters
Federalists: Washington, Hamilton, John Adams, John Jay
AF: Jefferson, Samuel Adams, James Monroe, Patrick Henry
Federalists vs AF: Economic position
Federalists: centralized economic oversight of the nations business through national bank; emphasis on manufacturing and industry
AF: agrarian economy of small farmers
Federalists vs AF: impact
Federalists: Constitution and ratification via Federalist Papers
AF: final wording of Constitution and Bill of Rights
Federalists Papers authors
James Madison
Alexander Hamilton
John Jay (very few)
Federalist No 10
James Madison
- Issue of factions - natural in any group of people
- Tyranny of the majority
- Diversity of the 13 states would control mischief of factions
Brutus No 1
Robert Yates
- AF arguments against ratification
- Argued in favor of decentralized power with sovereignty localized in the states
- Instrumental in adding bill of rights
Constitution: Article V
Provides 2 methods for amending Constitution
- Proposed by 2/3 vote in both houses
- Proposed by convention of the states at the request of 2/3 of state legislatures
Either - ratified by 3/4 of state legislatures or state conventions
How are electors apportioned?
IAW Article II, Section 1
To each state equal in number to its Senators and members of the House
Virginia Plan
James Madison
- Bicameral Congress
- Representation in both houses apportioned proportionately based on population
- Favors big states
New Jersey plan
- Unicameral legislature
- One vote per state
- Favors small states
Great Compromise
Connecticut Compromise
- Representation in the House based on population, popularly elected
- Equal representation in Senate, chosen by state legislatures
- Tax bills could only originate in the House
Shays’ Rebellion
1786-1787
- Revolt against taxation, farm foreclosures, lack of political voice
- Highlighted problems with AoC
- Directly led to Constitution
Slave Trade Compromise
Postponed possibility of congressional action against slave trade for 20 years
3/5 Compromise
Allowed southern states to count slaves for purpose of seats in House and electoral college votes at 3/5 discount
The Spirit of the Laws
- Montesquieu
2. Checks and balances indispensable to maintaining separation of powers
Executive check against Legislative
- Veto
- Appoint heads of agencies
- Negotiate treaties
Executive check against Judicial
- Appoint federal judges and Supreme Court Justices
2. Grand pardons or commutations
Legislative check against Executive
- Override veto
- Confirm or reject appointments
- Ratify treaties
- Impeachment
Legislative check against Judicial
- Create lower federal courts
- Impeach & confirm judges
- Propose amendments that override judicial rulings
Judicial check against Executive
- Declare actions and orders unconstitutional
2. Lifetime tenure
Judicial check against Legislative
Declare laws unconstitutional
Federalist No 51
James Madison
- Checks and balances
- Men are self interested; separation not enough to protect against tyranny
Federalism
Power is geographically distributed between and amongst a central government and various local governments
New Deal
FDR
- Grants-in-aid
- Cooperative federalism
Great Society
Greatest expansion of federal authority to the states since Great Depression
New Federalism
- Nixon
- Block grants and revenue sharing
- Revenue sharing more successful
Devolution Revolution
Reagan
- Elimination of revenue sharing
- Expanded use of block grants
- Return decision making to the states and reduce size and cost of federal bureaucracy
Exclusive powers
Delegated to the federal government and enumerated in the constitution
Concurrent powers
Exercised simultaneously by both the federal and state governments
Reserved powers
Fall solely within the sovereignty of the states