Brutus #1
National government had too much power, an army could prevent liberty, and representatives may not truly be representative of the people.
Major dissent: The Federalist Papers attempted to answer questions and address concerns posed by Brutus + other Anti-Federalists
Federalist No. 10
James Madison: Addresses dangers of factions + how to protect minority interest groups in a nation ruled by majority.
Argues that a large republic keeps any single faction from taking control.
Major dissent: Anti-Federalists thought that Madison’s claims were unrealistic and that a country with multiple factions could never create a good union.
Federalist No. 51
James Madison: Argued that separation of powers would make the government efficient, dividing responsibilities and tasks.
Major dissent: Anti-Federalists believed that there was no perfect separation of powers and that one branch of government would eventually hold more power.
Federalist No. 70
Alexander Hamilton: Argued that the executive branch should only have one member: the president.
Proposed term limits as another way to limit the president’s power (not set until the 22nd Amendment in 1951).
Major dissent: Anti-Federalists believed that only the president’s staff would influence him and disagreed with giving control of the military to one person.
Federalist No. 78
Alexander Hamilton: Addressed concerns about the power of the judicial branch.
Argued that the judicial branch would have the least amount of power under the Constitution but would also have the power of judicial review.
Major dissent: Anti-Federalists claimed that a federal judiciary could overpower states’ judiciaries and that judges’ lifetime appointments could result in corruption.
Categorical Grants
Aid with strict rules from the federal government about how it is used. Favors federal power.
Block Grants
Aid that lets the state use the money how it wants.
Advantages of Federalism
Mass participation (many can participate on many issues)
Regional autonomy (states still have some powers)
Multi-level government (local, state, federal; many politicians connected to supporters)
Innovative methods (states can experiment with policies)
Diffusion of power (no party domination)
Diversity in government
Disadvantages of federalism
Lack of consistency (differing policies creates inequality in states)
Inefficiency (overlapping/contradictory policies)
Bureaucracy (corruption/stalemate through spread-out power)
Resistance
Inequity (legislation/judicial outcomes)
Virginia Plan
bicameral legislature based on population size
New Jersey Plan
unicameral legislature, one vote per state. similar to articles of confederation.
Connecticut Compromise, The Great Compromise
a bicameral legislature with a House of Representatives (population) and Senate (equal representation)
Thomas Hobbes
believed that people could not govern themselves and that a monarch with absolute power would protect life best. rule of law.
Social contract with government: some freedoms sacrificed (respecting government) in exchange for government protection
John Locke
natural rights: life, liberty, and property.
Empiricism: people are born with a tabula rasa (blank slate) on equal footing and everything they do is shaped by experience.
right to revolution.
Charles de Montesquieu
The separation of power into three branches of government.
Voltaire
satirical novel, reflected dislike of Christian power and nobles
Rationality, advocate of freedom of thought, speech, religion, and politics
Denis Diderot
producer/editor of first encyclopedia, wanted to change the ways people thought by adding his own/others’ philosophies to his work
Advocate of freedom of expression and universal education access
Criticized divine right, traditional values, and religion
Participatory democracy
broad participation in politics/society by people at various statuses
Pluralist democracy
group-based activism by citizens with common interests who seek the same goals
Elite democracy
power to the educated/wealthy, discourages participation by the majority of people
Republicanism
supports individualism and natural rights, popular sovereignty (people give the government power), encourages civic participation
Weaknesses of Articles of Confederation
1787: trade between states declined, monetary value dropped, foreign countries posed threats, social disorder throughout the country
Shays’ Rebellion (1786-1787): 6-month rebellion formed by over 1,000 farmers in which a federal arsenal was attacked in protest of the foreclosure of farms in western Massachusetts
Could not impose taxes (result of taxation without representation); only state governments could levy taxes
No national military; could not draft soldiers
No national currency
No Supreme Court to interpret law
No executive branch to enforce laws
No control over taxes imposed between states and could not control interstate trade
Needed unanimous votes to amend the Articles
9/13 states had to approve legislation before it was passed
Could not control states
No enforcement mechanisms/requests from within federal government
Needed to be revised
Electoral College Purposes
Originally created because the framers didn’t trust American citizens to be educated enough to choose a good president
Thought the Electoral College would protect election against the influence of small groups
Would ensure that states with larger populations didn’t completely overpower smaller states
Executive Agreements
between country leaders are similar to treaties
Bypass ratification power of the Senate
Not mentioned in the Constitution
necessary and proper clause
allows Congress to make any legislation that seems “necessary and proper” to carry through its powers
Aka the elastic clause
Supremacy clause
supremacy of Constitution and federal laws over state laws
“and the laws of the United States which shall be made in pursuance thereof...shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding”
Federalism
A system of government under which the national and local governments share powers
Reserved Powers
powers that belong to the states
10th Amendment: include any that the Constitution neither gives to the national government nor denies to the states
Concurrent powers
shared by federal and state governments
Ex. levying/collecting taxes, building roads, operating courts, establishing courts, chartering banks + corps, eminent domain, paying debts, borrowing money
Delegated (enumerated) powers
owers that belong to the national government
Ex. printing money, regulating interstate + international trade, making treaties + conducting foreign policy, declaring war, est. post offices, lower courts, rules of naturalization, and copyright/patent laws; raising + supporting armed forces, making all laws “necessary and proper” to carry out duties
Denied powers
Federal government:
Suspend writ of habeas corpus except during a national crisis
Pass ex post facto laws or issuance of bills of attainder
Impose export taxes
Use money from treasury without appropriations bill
Grant titles of nobility
State government:
Enter into treaties w/other countries
Declare war
Maintain an army
Print money
Pass ex post facto laws or issuance of bills of attainder
Grant titles of nobilities
Impose import or export duties
Amendment Process by Congress
Proposed amendment must be approved by 2/3 of both houses of Congress
3/4 of state legislatures must ratify (approve) the amendment, and the states themselves are allowed to determine the votes required to ratify the amendment
Congress can also mandate that each state use a ratifying convention (delegates elected to vote on the amendment)
Used once to ratify the 21st amendment (1933) - ended prohibition
Amendment Process by Constitutional Congress
2/3 of state legislatures petition Congress for a constitutional convention
Never happened before
line-item veto
reject parts of bills
Denied to presidents by Supreme Court - would take too much power away from legislature