Exam 1 Essay Flashcards
The philosophy behind the constitution
Inspired by enlightenment thinks like John Locke, Baron Montesquieu, and Thomas Hobbes
Thomas Hobbes
believed that governments should have limits on powers based on
“contract theory.
John Locke
• argued that people’s lives, liberty and property require protection
• should have the ability to alter and reform if not
Baron Montesquieu
argued for elevation of governing powers
Why not articles of confederation
• The articles of confederation offered too much power to the states.
• Without a strong central government there was no national army
• As well as a national bank responsible for collecting taxes as well as allocating resources to the states
Basic principles / constitution structures
•strong central gov to promote commerce
• addition of bill of rights
• Federalism
• checks and balances
Compromises
•⅗ compromise
•establishing the House of Representatives
• supremacy clause = federal law superior to state law
Debates
• Federalist in favor of constitution
• anti- federalist were not
Framers
Wanted a central government strong enough to promote commerce
The seven main principles of the Constitution are
1) Popular Sovereignty states that the people have the right to rule
2) Limited Government, which says that the government is only given the authority granted by the Constitution
3) Separation of Powers, which divides the government into three branches
4) Republicanism, where citizens elect representatives to carry out their will
5) Checks and Balances, where each branch of government has the authority to limit or check the actions of the other two
6) Federalism, when the federal government and the states are divided into equal parts
7) Individual Rights, where the Constitution protects individual rights such as freedom of speech and religion, among others
Contract theory
individuals give up the right to do anything they please in return for protection provided by government
