Final Flashcards
(111 cards)
The Articles of Confederation
- Replicated Home Rule
- No executive or judiciary
- 9/13 states had to agree to pass a law
- 13/13 had to agree to pass amendments
- Conformity Costs vs. Transaction costs
Problems of the Articles of Confederation
- Congress could issue bonds but couldn’t levy taxes
- Could not enforce states to contribute
- Coordination problem with states
Virginia Plan
- Bicameral Legislature
- Based on Population
- Legislature can make any law, summon military forces against any state who does not comply with federal law
- Executive & Judiciary appointed by the legislature
- Council of Revision
New Jersey Plan
- Unicameral Legislature
- Equal State Representation
- Legislature has the same powers as Articles, but can levy taxes, regulate commerce, limited authority over states
- Plural Executive
- Judiciary (Supreme)
Take Care Clause
President can “Take Care” of America’s shit through this constitutional clause
What new powers did the Constitution give the government to overcome collective action problems???????
- Command
- Veto
- Agenda Control
- Voting Control
- Delegation
How can you read the constitution? !?
- Original Intent: Just like our founding fathers wanted
- Strict Construction: Only apply the rules clearly stated within the constitution pls
- Living Document: The constitution is constantly evolving with society
Federalist Paper #10
- Madison identities factions as a threat to the country
- There are two ways to eliminate factions: Authoritarianism and Conformism
- To mitigate these effect: Size Principle / diversity / pluralism
Federalist Paper #51
- Madison discusses how tyranny is prevented by the constitutional provisions
- More on the mechanics
- Checks and Balances prevent the distortion of power
- Ambition is made to counteract ambition
Federalist Paper #69
- Hamilton discusses the executive
- President will not become a king because he can become impeached, tried, convicted of crimes, removed from office; while a king is above the law
- His powers are restricted by the other two branches
Anti-Federalist papers
- They feared the tyranny of the majority
- True democracy is a local democracy
- The nation is too large and diverse to be under one set of laws
- Helped the implimatation of the bill of rights
Bill of Rights
- Name given to the first 10 amendments
- Proposed during the first session of Congress
Negative Rights
- Freedom From Something
- Things people shouldn’t do to one another
- Right to life, liberty, property
Positive Rights
- Freedom to do Something
- Things people should do to one another
- Rights to free school, healthcare, minimum wage
Supremacy Clause
-The federal government has control
Elastic Clause
- Necessary and Proper Clause
- Congress can intervene in national emergencies
Commerce Clause
-Meant to avoid problems from Articles
10th Amendment
- Rights granted by the constitution are reserved to the states
- 14th amendment applies the bill of rights to all states (incorporation)
- Court often gives authority to federal government
Federalism Cake: Past vs. Today
- Past: Federalism was a layered cake, programs and authority are clearly divided like layers in a cake
- Today: Federalism is a marbled cake, programs and authority are mixed among national, state, and local governments
How did the Federalism Cake become so goddamn marbled?
- Nationalization shifted authority away from the states after the 1930’s (lol FDR goddamn)
- State and Federal government coordinated their actions to solve national problems, blending the layers
How did Nationalization happen?
- To solve collective action problems
- Country became industrialized, need more authority
- States asked for help with coordination, shirking, and competition
- Opportunism to increase political power and advance an agenda
The House
- 2 year terms
- Popular elections
The Senate
- 6 year terms
- now popular elections, not before
What power does congress have?
- Impose taxes
- Regulate interstate and foreign commerce
- Declare war
- Raise armies
- Suspend Habeas Corpus
- Elastic clause gives them growing power
- Senate ratifies treaties and confirms Senate appointments