Principles Flashcards
Framing
term for the discussion that the Founding fathers did to create the constitution
Did not mean that they didn’t want to limit the power of individual states
Still want a federalism
Want to give power to states while also keeping powers for themself
Limited Gov
Colonists feared replicating the hyper centralised British Parliament system
make gov too powerful and able to tread on their rights
Came out of escaping UK rule
LG codified in law with checks and balances
Ensure that the federal gov would respect the rights of the states (States Rights Issue)
Federalism
Sharing sovereignty between the federal gov and individual states
FG have some authority over politics while states would remain sovereign over some politics
Ensure the states and individual’s rights weren’t ignored
Putting it in the Constitution guarantees state rights, limit FG and state gov reach by dividing political power
Allow states to make decision affecting themselves is a rational system in culturally, politically and economically diverse country
Checks & Balances
Each part of the gov had the power to oversee the actions of another and sometimes prevent
Congress being able to impeach a president and the SC being able to find laws unconstitutional
To exercise power, branches must cooperate
Examples Of Checks & Balances
Pres appoints judges in SC and Congress have to agree on them
Congress proposes new laws, Pres agree, SC can name them unconstitutional
The Congress
the legislature, parliament (Article 1)
Split in: House of representatives and House of Senate
President can propose laws to congress, and both houses must approve
The President
the executive (Article 2)
Can be removed from power by the congress (Andrew Johnson in 1868)
Pres can make the decisions
Ireland & Italy: the president is ceremonial, and PM governs
The Supreme Court
the judiciary
Article 3
Separation Of Power
Each branch of the US gov should be able to keep in check the power of the other branches as an independent body
Keeping them separated, they can check each other = limited gov
To increase transparency, neutrality and independence
Ineligibility Clause
Article 1 forbid one person from holding office in more than one branch to prevent having too much power
Thinker of Separation Of Power
Liberal thinker Montesquieu
believe humans had a natural tendency to abuse power
Example of Power Exercised independently
Pres power of pardon is for mostly for president
Hamilton and James Maddison
85 essays called the ‘federalist papers’ to convince the gov to change the US constitution
Strong checks and balances: can’t abuse the rights of people or the US constitution
For a functional federal system and to put down internal insurrection the federal gov needed to effectively raises taxes and regulate trade between the states
Hamilton & Bill Of Rights
Hamilton argued against bill of rights: fear Americans would see the list as the only rights they will have
doesn’t want slavery: plantation owners will exploit the bill of rights to argue for slavery
Brown V Board of Education: Alabama broke the constitutional right of no segregation
Example of US Gov Sending Tropes To Force The Law
Little Rock: solders send to protect black students from going to school to stop racist segregation
