Unit 1 - Foundations of American Democracy

• nat human state = brutish

• best way to protect life = total power to an absolute monarchy

• rule of law advocate

• social contract w/ government = sacrificing some freedom to be protected by fed govt

• Leviathan

• protection of life + LIBERTY and PROPERTY = natural rights given by God & govt protect them; if not REBEL

• all individuals born w/ blank slate “tabula rasa” and everything we know is shaped by experiences (empiricism)

• Second Treatise on Civil Government

• advocate for democracy

• separation of power into 3 branches of govt = limit power of each branch w/ checks and balances

• The Spirit of the Laws

• born good but corrupted by society; if not = noble savage

• should act for greater good

• government should be freely formed with the consent of the people (powerful agreement among people)

• The Social Contract

• aversion to Christian power regimes and the nobility

• rationality

• freedom of thought, speech, religion, and politics

• Candide

• first encyclopedia

• freedom of expression and education for all

• critical of divine right and traditional values and religion

• broad participation in politics and civil society

• many levels of socioeconomic status

• organized group-based activism by citizens with common interest and goal

• discourage participation

• cede power to the educated and/or wealthy

• individual liberty and God-given rights

• government power is derived from the people

• rejects aristocracy

• encourages broad-based civic participation in politics

• elected officials rep a group of people

• main form of govt in US (Congress, state legislatures)

• the authority of the govt os created and sustained by the consent of its people, thru elected rep

• formal declaration of war

• outlines the various injustics perpetuated by King George III against the colonies

• TJ explains why the colonies are declaring their independence

1. set precedent of federalism

2. negotiated treaty that ended the Revolutionary War (favorable for US)

3. est NW Ordinance, creating how new states added

Shay's Rebellion highlighted the weaknesses of the Articles of Confederation and frighented polititians, leading to calls for a stronger central government and, ultimately, the creation of the Constitution.

Shay’s Rebellion: six-month rebellion in which more than 1,000 armed farmers attacked a federal arsenal to protest the foreclosure of farms in the western part of Massachusetts

• major concern at the Constitutional Convention

1. central govt did not have the power to levy taxes & depended on state legislatures for revenue = could not maintain a military, back its own currency, pay off debt

2. could not riase a mational army, draft soldiers

3. could not control interstate trade, no control over taxes btw states

4. no SC to interpret law, no executive branch to enforce laws, could not make requests to fed govt

5. needed 100% to amend AOC

6. needed 69% to pass legislation

• complete rewrite of the AOC by James Madison = Constitution

• pragmatist

• bicameral legislature

• each state rep by pop size

• backed by large states

• unicameral legislature

• each state rep equal

• backed by small states

• what US has now

  • bicameral legislature w/ House (rep by pop) and Senate (rep equal)

• compromise on rep of slaves for votes and taxes

• N against count, S for count = each slave 3/5 of a person

Pres - needed to enforce laws

SC - needed to decide on disputes btw Conress and Pres

• The Federalist Papers

• support Constitution w/ stronger central government

• against Constitution in fear of strong central government from previous monarchy

• wanted Bill of Rights for individual rights

• created bc FF did not believe that citizens were educated enough to choose a pres of a high caliber + safeguard against small groups and large states overshadowing

• 538 electors, first to 270 wins

• set up the legislative, executive, and judicial branches

• allows Congress to make all laws that appear necessary and proper to implement its delegated powers

• ex: Federal Reserve System, cabinet, Court of Appeals

• executive orders: same effect as law and bypass Congress, not stated in Constitution

• executive agreements: btw heads of countries & bypass ratification by Senate

• SC increased its power by granting itself the ability to overturn laws passed by legislature

• a system of government under which state and federal governments share powers

• union of (independent) states, established usually for a limited set of purposes, such as defense or economic cooperation, and in which full sovereignty is retained by the member-states

powers that belong to the national government only

• printing money

• regulating interstate and international trade

• making treaties and conducting foreign policy

• declaring war

• est post offices, lower courts, rules of naturalization, and copyright and patent laws

• raising and supporting armed forces

• making all laws “necessary and proper” to carry out responsibilities

powers that belong exclusively to the states; according to the 10th Amendment these powers include any that the Constitution neither specifically grants to the national government nor denies to the state governments

• issuing licenses

• regulating intrastate business

• conducting elections

• est local governments and maintaining a justice system and national guard (militia)

• education, public health, safety and welfare programs

powers shared by federal and state governments

• levying and collecting taxes

• building roads

• operating courts of law

• est courts

• chartering banks and corporations

• eminent domain

• paying debts and borrowing money

It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government's exercise of its constitutional powers, and from assuming any functions that are exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.

• guarantee states a republican form of government

• protect against foreign invasion and domestic rebellion

• prevent states from subdividing or combining to form new states without congressional consent

• accept the court judgements, licenses, contracts, and other civil acts by all other states

The U.S. Supreme Court has recognized that the "writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action" and must be "administered with the initiative and flexibility essential to ensure that miscarriages of justice within its reach are surfaced and corrected.

• suspend the writ of habeas corpus except in times of national crisis

• pass ex post facto (retroactive) laws or issuance bills of attainer (which declare an individual guilty of a capital offense without a trial)

• impose export taxes

• use money from the treasury w/o the passage and approval of an appropriation bill

• grant titles of nobility

• enter into treaties w/ foreign countries

• declare war

• maintain a standing army

• print money

• impose import or export duties

• pass ex post facto (retroactive) laws or issuance bills of attainer (which declare an individual guilty of a capital offense without a trial)

• grant titles of nobility

A federal grant in aid is federal money granted to a recipient to fund a project or program. Federal grants in aid are not loans and, therefore, require no repayment.

AKA gifts of money to the states

• aid with strict provisions from fed govt on how the money must be spent

• ex: Medicaid, SNAP

• permits states to experiment and use the money as they see fit; board range of eligible activities typically addressing a general problem area

• ex: welfare, Social Services Block Grant

• mass participation

• regional autonomy

• government at many levels

• innovative methods

• diffusion of power

• diversity

• lack of consistency

• inefficiency

• bureaucracy

• resistance

• inequity

1. nomination of federal judges, cabinet officials, and ambassadors

   • pres nom; Senate approve

2. negotiation of treaties

   • pres negotiate; Senate approve w/ 2/3 majority

3. enactment of legislation

   • Congress makes laws, pres can veto, and Congress can override veto w/ a 2/3 majority in both houses and SC can deem unconstitutional @ any time

• propose and administer laws, command armed forces, appoint ambassadors and other officials, conduct foreign policy

  • To SC: appoints judges

  • To Congress: may adjourn Congress in certain situations, may veto bills

• writes laws, conforms presidential appointments, ratifies treaties, grants money, declares war

  • To SC: may propose constitutional amendments to overrule judicial decisions, may impeach SC justices, may reject appointments to the SC

  • To Pres: may reject appointments and treaties, may withhold funding for Pres initiatives, may impeach the Pres, may override a veto

• interprets the Constitution and other laws, reviews lower-court decisions

  • To Pres: may declare executive actions unconstitutional

  • To Congress: may declare laws unconstitutional

1. ways to change the Constitution

   1. proposed amendment wins 2/3 majority in both houses (used 27 times)

   2. a constitutional convention if called by 2/3 of state legislatures and any amendment can now be proposed at the convention (never used)

2. ways to ratify the change

   1. ¾ of all state legislatures approve of the amendment (used 26 times)

   2. ¾ of special state-ratifying conventions approve the amendment (used for 21st Amendment)

      ---

      • states determine how many votes are needed to ratify the amendment

      • Congress can mandate that each state use a ratifying convention (21st Amendment)

• not mandates by fed govt and can be organized in any way as long as it has a state constitution approved by Congress

  • but most copy fed govt

• state pres

  • direct state executive agencies, command the National Guard, grant pardons and reprieves, appoint state judges, veto state legislature

  • line-item veto: reject part of a bill (NOT ALLOWED FOR PRESIDENT bc of checks and balances)

• appeals and trial courts

  • criminal and civil cases