Unit 1 Flashcards
Declaration of Independence
“Certain unalienable rights” = natural rights, “to secure these rights, governments are instituted among men” = social contract “deriving their just powers from the consent of the governed” = popular sovereignty
U.S. Constitution
Established a limited government with key features such as republicanism, federalism, separation of powers, and checks and balances
Natural rights
Fundamental rights of all humans NOT received from a government
Popular sovereignty
People are the source of governmental power and authority
Limited Government
Governmental power is restricted by the law (in the U.S. the Constitutionrestricts the power of the federal government)
Social Contract
People create a government to protect rights of the people
Republicanism
A representative form of government; people choose representatives to make public policy
Participatory Democracy
Contemporary examples:
Emphasizes broad participation and an active role for individual citizens in politics and civil society
Contemp. ex: Occupy Wall Street, March for our Lives, #MeToo, amendments that expanded suffrage
Pluralist Democracy
Contemporary examples:
Group-based activism striving to impact political decision making; individuals become more powerful as part of a group
Cont. ex: Political parties, interest groups
Elite democracy
Emphasizes limited, or filtered, citizen participation in politics and civil society; skeptical of the ability of citizens to make good choices Contemporary examples: Electoral college, congressional representation, iron triangles, Super PACs
Brutus No 1
Power should be held by the people, local governments are more democratic and allow citizens to more directly influence public policy
Federalist No 10
Multiple groups (factions) compete for power. It’s natural for people to form groups, and in a large republic there will be so many groups that no single group will dominate policymaking
Constitution
Limited democracy(only House of Reps was directly elected; established a republic, congressional representation, Electoral College minimize role of the public 1in policymaking
Federalists
Supported the new Constitution, favored stronger central government
Anti-Federalists
Opposed constitution, favored states’ rights; demanded a Bill of Rights
Federalist No. 10
Fear:
Solution:
Federalist No. 10: A republic is superior to democracy because in a democracy, majority factions will tyrannize minorities
Fear: Factions (groups with interests adverse to the rights of others) threaten the stability of the new nation
Solution: A large republic will lead to more factions, diluting the power of each individual faction, diminishing the chance of any single faction to dominatethe government
Brutus No. 1
Fear:
Solution:
BrutusNo. 1Opposed ratifying the ConstitutionFear:Federal government will tax excessively, oppressing the people; federal gov will destroy state governments; elastic clause will give Congress absolute and uncontrollable powerSolution:Small republics, power should be held by people in smaller, more local governments
Articles of Confederation:
Congress could:
Congress can’t:
Congress could:
1.Declare war
2.Make treaties
3.Raise an army
4.Coin & borrow money
Congress can’t:
1. Tax
2. Regulate interstate commerce
Shay’s Rebellion
Weak federal response began shifting public opinion towards favoring a stronger central government and a new Constitution
Great Compromise
Created a bicameral legislature; House—population(favored large states), Senate—2 per state(favored small states); revenue bills would originate in House
Electoral College
Electoral College selects president; some wanted direct election by citizens, others wanted Congress to select president
Amendment Process
2/3 both houses of Congress propose, ¾ of states ratify(Or 2/3 of states to propose, ¾ states ratify)
Government surveillance post 9/11:
Stronger central government:
Individual rights:
Stronger central government: Favor more defense spending, Patriot Act, increased surveillance and security
Individual rights: 4th amendment protects against unreasonable unwarranted searches with no probable cause
Role of federal gov in public education
Bigger role for federal: Unified education policy, expanded tax base for public education, establishment clause
State power: Education is a reserved power, states can make own policy, promote voucher programs, charters and private
Federalist no. 51
Separation of powers, checks and balances; “If men were angels, no government would be necessary.” “Ambition must be made to counteract ambition.”Madison also argued that because Congress would be the strongest branch, having a bicameral legislature would serve as a check within a branch, leading to a slower, more deliberate lawmaking process.
Separation of Powers
Each branch is assigned specific powers, so each branch has limited power
Checks and balances
Each branch has the ability to limit/block/influence actionsof other branches
Legislative:
Makes laws
Executive:
Enforce laws
Judicial:
Ex of LEJ:
Judicial:
Examples: President can veto laws; Congress can override presidential vetoes
Federalism
Delegated powers
Examples
Reserved powers:
Examples:
Concurrent powers:
Examples:
Federalism: Division of power between national, state, and local gov’ts
Delegated powers: Given to federal government
Examples: Declare war, raise an army, treaties, interstate commerce, coin money
Reserved powers: Kept by the states
Examples: Education, healthcare, welfare, police powers
Concurrent powers: Held by both federal government and states(but these powers are carried out independently)
Examples: Tax, borrow money
Dual Federalism
Dual federalism(Layer cake) States and federal each supreme in their own sphere of power, no overlap
Cooperative federalism
Marble cake) Federal and states share responsibilities, costs, and administration of policies; increases federal powe
Federal revenue sharing
Federal $ to states with little or no strings attached(no longer exists)
Rules that states must follow, whether federal gov provides $ or not
Mandates
Federal $ to states for a specific purpose; may have conditions of aid(req’s to get the $)
Categorial grants
Federal $ to states for use within a broad purpose, more (but not total) freedom to states
Block grants
10th amendment
All powers not delegated to the federal government or denied to the states are reserved to the states, or the people
14th amendment
Shifts power towards federal government; states become restricted by Bill of Rights through selective incorporation
Commerce Clause
Expands congressional power. Modern broad interpretation of commerce clause: Only Congress can regulate anything affecting interstate commerce
Necessary and proper clause
Expands federal power; Congress can make laws necessary and power for executing their enumerated powers
Directly written in Constitution. Congress: declare war, raise an army, coin money, regulate interstate commerce
Enumerated powers
Not directly written; based on necessary and proper/elastic clause; Congress can make legislation on economic, environmental, and social issues
implied powers
Expanded federal power, Congress has implied powers. Congress can establish a national bank based on necessary and proper clause;a state cannot tax the federal government based on the supremacy clause
McCulloch v. Maryland(1819)
Limited Congress’ commerce clause powers; struck down federal Gun Free School Zones Act; 10thAmendmentcreates a federal system that protects state power, the commerce clause does not give Congress endless power
United States v. Lopez(1995)
Declaration of Independence
“We hold these truths to be self-evident, that all mean are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness.” “That to secure these rights, Governments are instituted among men, deriving their just powers from the consent of the governed.”
Articles of Confederation
States were sovereign; each state had 1 vote in Congress; No executive or judicial branch; states could impose tariffs on other states, create their own currencies, and ignore federal treaties; Congress couldn’t tax. Intentionally created a very weak national government
Contstitution
Article I-Congress, Article 2-Executive, Article 3-Judicial, Article 4-Federal supremacy,
A large republic is the best way to control factions and protect minority rights while maintaining majority rule
Federalist no 10
Argues against ratifying the Constitution and wishes for power to be held by the people in smaller, more local governments, more democratic.
Brutus no 1
Argues for checks and balances and separation of powers. We need a government because people aren’t perfect and we need to limit government because people in government aren’t perfect either
Federalist no 51