chap 2- CLASS NOTES Flashcards
what is a constitution and why do we need them?
- a governing document that establishes structure over time
- establishes the rules of the games
Great Enlightenment
- a time of questions
- authority needs to justify its existence
Locke
- social contract
- people good- society helps out
- separation of powers- agree to be governed
- life, liberty, pursuit of property- natural rights by the creator
- right to overthrow an oppressive gov
reasons for revolt during the american revolution
- unreasonable taxes bc debt from war
- no representation in parliament
- individual rights threatened
- too used to governing ourselves
american revolution was never about “taxation without representation” it was about
interfering with self rule
articles of confederation
1st national governing document
in the articles of confederation, states were
powerful than congress
in the articles of confederation, states ____ like each other
didn’t like
in the articles of confederation, states help _____
co-exist
in the articles of confederation, states lacked ______ and had no _______ ________
a national army; national currency
in the articles of confederation, there was no ______
unanimity to alter
constitutional convention public and private goal
public- alter the articles of confederation
private- whole new document
the father of the constitution was
james madison
Virginia plan
- 2 chambers
- popular vote and seats population
- a national judiciary
- congress elect president
New Jersey plan
- single chamber
- same number per state
- taxing authority
Connecticut (great) compromise
- house of representatives
- senate is equal 2 per state
3/5 compromise
5 slaves would equal 3 people
supremacy clause
9/13 states to ratify
federalists
- Hamilton
- madison
- John jay
Anti-federalists
- patrick henry
- sam Adams
- feared strong central gov
- keep power at state level
- individual rights?
james madison wrote the
bill of limits
amending procedure
2/3 + 3/4= amendment
federalism chapter
division of power between nation and state govs
unitary government
centralized gov where all gov powers belong to a single central agency
confederation
- lower level gov has all the power and yields some power to the national gov
- states are free to leave this confederation
- no one uses this b/c difficult to sustain bc what is states start fighting
federal
- preferred bc gives freedom and balances power
- balance= checks= prevents dictatorships
why federalism
- maintain local culture
- 50 separate labs of policy innovation
- geography
expressed powers (its a …?)
specific roles of national gov (article I, sec 8)
national power
implied powers (its a …?)
- necessary and proper clause(elastic clause)
- federal gov can do whatever it wants if it achieves the goal of an expressed power
- expands the power of gov….if Supreme Court agrees w/ them
- national power
article II (its a …?)
commander in chief, inherit powers- rights that any sovereign country has: self defense, engage in trade/diplomacy
national power
national powers include?
expressed, implied, article II
10th amendment (its a …?)
list of anything fed gov can’t do or if the constitution forbids the states from doing it
state power
police powers (its a …?)
the state has the power to regulate for the safety, morals, health, and welfare of the state residents
state power
shared/ concurrent powers (its a …?)
- taxation authority
- est. courts/law enforcement
both national and state gov share
prohibited powers
things that national/ state gov can’t do
titles of nobility- national
limited militia, can’t have treaties- state
article IV of constitution
- full faith and credit
- privliges and immunities
- extradition
cooperation vs. conflict
cooperation- intestate compacts- agreements between states
- conflicts- federal court system
supremacy clause
(article VI) as long as the Supreme Court agrees
dual federalism
great depression, poverty can happen to anyone
national- foreign policy, expanding the geographic map, same economic regulations
state- est. cities, schools, hospitals
dual federalism is what cake
layer cake- national and state gov separate
cooperative federalism is what cake
marble cake
cooperative federalism
new deal
now national/ state gov work together to solve problems
contemporary issues in federalism
almost no issuer that the gov isn’t involved in. federal gov does more than what is in article I, sec 8 AND they ignore the article
fiscal, interdependence federalism
grants vs. mandates
grants
enticement (bribe, carrot) money to give to states with the hope that the states do what fed gov wants
mandates
directives. areas where the gov has the authority ( article I sec 8) (order, stick)
partisan views (republican vs. democrat)
repubs- prone to states rights
democ- more supportive of national intervention
reality they pick the strategy that gets their goals accomplished
