Chapter One: Constitutional Underpinnings Flashcards
European Enlightenment
Confidence in the power of reason
John Locke’s “State of Nature”
people are free and equal, but freedom leads to inequality, and then to chaos
Natural Rights
Rights that people have from the state of nature - right to life, liberty, and property
Second Treatise of Government
governments are formed to protect natural rights, but citizens consent to give up some freedom when forming government
Social Contract
agreement between rulers and citizens - government protects freedoms and citizens voluntarily give up some -
if government breaks contract, people have right to dissolve the government
Locke in the Declaration of Independence
Thomas Jefferson’s words in the Declaration of Independence closely resemble those of John Locke in the Second Treatise of Government
Direct democracy
citizens debate and vote directly on all laws - high participation and faith in judgement of everyone - Founding Fathers skeptical in masses ruling themselves well because of vulnerability to demagogues
Demagogues
charismatic leaders who manipulate popular beliefs
Representative democracy
a Republic or indirect democracy which the Founders chose - people have power through electing officials to represent their will - compromise between direct democracy and authoritarian rule
Elite theory
representative democracy isn’t really based on the will of the masses but more upon the small, rich class of people that make all the decisions (elites) - voters choose the winner of the competition between elites
Social Mobility in Elitism
new elites incorporated in a merit-based education system - best and brightest are incorporated
British Enlightenment vs. French Enlightenment
British - elitist, republicanism
French - pluralist, democracy
Pluralist theory
Representative democracy is based on competing interest groups that represent and protect the interests of the masses - public policy is formed through compromise between competing interests
Popular sovereignty in the Constitution
basic principle that the power to govern belongs to the people and that government must be based on the consent of the governed
Separation of powers in the Constitution
the division of government powers into three separate branches - executive, legislative, and judicial
Checks and balances in the Constitution
a political system in which branches of government have some authority over the actions of others
Limited government in the Constitution
the basic principle that government is not all-powerful, and that it does only those things that citizens allow it to do
Federalism in the Constitution
the division of governmental powers between a central government and the states
Articles of Confederation
- only a Congress
- no executive or judiciary
- Congress couldn’t levy taxes or regulate commerce between states
- no law enforcing powers were granted to Congress
- no process of amending articles
- states retained all powers not specifically granted to Congress
Alexander Hamilton
leading proponent of a strong, centralized government
James Madison
young, well-read delegate from Virginia, who is usually credited with writing large parts of the Constitution
Hamiltonian v. Jeffersonian
Hamiltonian - Pro-Britain/federalist/trade and industrialization/strong central government
Jeffersonian - Pro-France/democratic-republican/agrarian/state sovereignty/democratic
Elbridge Gerry
Gerry-mandering
The Great Compromise
AKA The Connecticut Compromise - bicameral legislature: larger house elected by popular vote, smaller house selected by larger house from nominees from state legislatures
Three-fifths compromise
Slaves represent three-fifths of a person when counting population
Electoral college
people selected by state legislatures cast ballots for the office of President
Formal amendments
Convention method v. Congressional method
Conv. - proposed by 2/3 vote of each house of Congress and ratified by specifically called conventions in 3/4 of the states (only 21st amendment b/c Congress thought that not many state legislatures would vote for it)
Cong. - proposed by 2/3 vote of each house of Congress and ratified by at least 3/4 of the state legislatures
Legislature and informal amendments
Legislature is passed that expand and further define Constitutional clauses - e.g. commerce clause and evolution of modern day transportation
Executive branch and informal amendments
Executive agreements are a legal action of the President not listed in the Constitution - they do not need Senate approval unlike treaties - used to circumvent the formal process or prevent slowing of Senate progress
Judicial branch and informal amendments
judicial review allows the judicial branch to interpret the Constitution and declare certain actions unconstitutional - lots of informal amending done by judicial branch - e.g. 2nd amendment = individual right
Charles Beard’s Criticism of the Founders
they were motivated by money and power (Economic Interpretation of the Constitution) - created a Constitution to benefit their own economic interests
Federalists vs. Antifederalists
Debate over ratification of new Constitution - those who believed it would protect individual liberties and supported strong central government = federalists - those who believed it would be oppressive of civil liberties and that more individual freedoms should be explicitly guaranteed = antifederalists
Federalist Paper #10
Separation of powers and federalism check growth of tyranny and each branch of government - Constitutional principles prevent the dangers of majority oppression in direct democracy
Federalist Paper #51
Why is strong central government necessary? No government would be needed if men were angels. No external nor internal controls on government would be necessary if angels governed men
Ratification and addition of the Bill of Rights
Ratified by all states in 1789, but Bill of Rights added in 1791 - several states wouldn’t ratify the Constitution until a Bill of Rights was promised
