Enlightenment
European intellectual movement that influenced the founders of the Constitution
Natural Rights
Rights possessed by natural law & government can’t take away
Popular Sovereignty
Power to govern is in the hands of the people
Social Contract
People give away some rights to the government to protect natural rights
If government the takes away natural rights, people can overthrow the government
Republicanism
People elect leaders to represent them & these representatives create laws that favor the interests of the people
Checks & Balances
Meant to distribute power and authority and avoid abuse of power
Legislative-Creates laws (Congress)
Senate approvals appointments from President
Congress can override veto with ⅔ vote in both chambers
Executive-Enforces laws (President & Advisors)
President appoints Supreme Court Justices & Cabinet members
President can veto laws passed by Congress if he does not like it
Judicial-Interprets laws (Courts)
Judicial Review-Courts judge laws passed by Congress & see if constitutional
what are the 3 types of Democracy?
Participatory, pluralist, and elite
Participatory
broad participation in political process by most, or all society members
Pluralist
groups of people associated with interests compete to influence policy
Elite
more limited participation & people assume government is complicated, so most educated people run it
what is Federalism?
sharing of power between national and state governments
Exclusive Powers
federal government power stated in Constitution (treaties)
Reserved Powers
power kept by states (10th amendment)
Concurrent Powers
shared between state and federal government
14th Amendment applies the Bill of Rights to States, not just federal government
Commerce Clause
congress has the power to regulate all business activities that cross state lines or affect more than one state or other nations
Necessary and Proper Clause (Elastic)
Congress has the right to make all laws necessary and proper for carrying out all powers vested by the Constitution in the national government
what is Fiscal Federalism?
sharing power through money
Categorical Grants
federal government gives states money if they follow federal rules
Block Grants
given to states for broad purposes & states have more freedom on spending
Mandates
Congress sets rules & give states money to meet rules & mandates
Unfunded Mandates
Congress sets rules & states must meet rules on their own
what did Federalists / Anti-Federalists do?
Debated on weather states should accept Constitution on law, majority rule or minority rights
what is the importance of the Articles of Confederation?
Weak federal government & Unproportionally strong state governments
One branch of government (Congress), no president & court, Congress could not tax or raise an army, and all 13 states had to agree if they wanted change
Shays Rebellion showed weakness of Articles of Confederation
What is the Grand Committee?
Forged compromises needed for a new government document
Great Compromise
(Connecticut Compromise): a bicameral legislature with a House of Representatives (population) and Senate (equal representation)
how people represent in Congress
Virginia Plan
Representatives in state are based on population
New Jersey Plan
Each state has 1 vote
Ended with Bicameral (2 senators & Rep. based on population)
Electoral College
People votes determine who gets all electoral votes in a state
Three-Fifths Compromise
One slave is ⅗ a person, or 5 slaves are 3 people
Slaves can’t be touched for 20 years after Constitution is ratified
Article 5
Amendment can be proposed by Congress or states by a special convention; ⅔ vote need to be official
Then, amendment needs ¾ of states legislation votes to be law
Mcculloch v. Maryland
Supreme Court ruled that Necessary and Proper Clause implied certain powers given to the federal government even if not explicitly mentioned in Constitution
Supremacy clause-federal laws overpower state laws when conflicted
United States v. Lopez
Commerce Clause banned guns on school property & Supreme Court said guns are not related to interstate commerce (Congress overstepped its bounds) and state power wins