Thomas Hobbes
Wrote the Leviathan:
-Argued that if humand were left to their own devices then chaos would ensue.
-In a state of nature life would be brutal
-Best way to protect life was to hand all power to a monarch because man cannot be trusted to rule himself.
social contract
Made by Thomas Hobbes.Where citizens sacrifice some of their freedoms to be protected by the government.
Who was John Locke?
English philosopher
What concept did John Locke advocate?
Idea of a 'social contract'
What are the natural rights according to John Locke?
Life, liberty, and property
Second Treatise on Civil Government
Written by John Locke and argued that liberty and property also had to be respected.
Who was Charles de Montesquieu?
A French philosopher and critic of the monarchy who advocated for democracy.
What did Charles de Montesquieu advocate for in his work?
He advocated for the separation of powers into three branches and the concept of checks and balances.
What did Charles de Montesquieu write?
De l'Esprit des Lois
Jean-Jacques Rousseau
Believed that humans are born good but then corrupted by society. Believed that individuals should act in the greater good rather than their own interests.
Who was Voltaire?
French philosopher (1694-1778)
What did Voltaire believe was the best weapon against bad government?
Freedom of speech
What was Voltaire well known for?
His novel Candide
What did Voltaire speak out against in France?
Corruption of the government and intolerance of the Catholic Church
Particapatory democracy
Lots of participation in politics by citizens of all kinds.
Pluralist democracy
organized group-based activism by citizens with common interests all striving for the same political goals
Elite democracy
discourages participation for the majority of citizens so that the power goes to the educated and wealthy.
Representative Democracy
America practices represenatative democracy where elected officials are representing a group of people.
Popular Sovereignty
A belief that ultimate power resides in the people.
Articles of Confederation
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)
federalism
A system in which power is divided between the national and state governments
Northwest Ordinance
Enacted in 1787, it is considered one of the most significant achievements of the Articles of Confederation. It established a system for setting up governments in the western territories so they could eventually join the Union on an equal footing with the original 13 states
Shays rebellion
Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.
The federal government under the articles
-could not draft soldiers
-was completely dependent on the state legislatures for revenue because they could not tax citizens
-could not pay off war debt
-could not control interstate trade
-had no supreme court
-had no one to enforce the law
-needed unanimity to amend the Articles
Constitution
A written plan that was made to fix the articles of confederation
unicameral
One-house legislature
bicameral
Two house legislature
The virginia plan
Was brought up by James Madison and called for a bicameral legislation which was based on population size.This plan was in favor of the larger states.
the new jersey plan
called for a unicameral legislature in which each state would be equally represented. This plan favored smaller states.
Great (Connecticut) Compromise
Bicameral legislature with a HoR, based on population and a Senate with equal representation.
Three-Fifths Compromise
Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment)
federalists
supporters of the Constitution
anti federalists
people who opposed the Constitution
Federalist papers
Written by Hamilton, Jay, and Madison which supported the Constitution.
electoral college
A group of people named by each state legislature to select the president and vice president
Brutus #1
Anonymous author critiques the constitution. Main concerns are abou too much power in the central government, standing armies, and fear that representatives would not represent the people.This paper prompted the appearences of the federalist papers.
Federalist #10
James Madison addresses the dangers of factionalism. Madison says in large republics you don't need to worry about one faction that is too powerful because there will be many more to rival it.
Federalist #51
Madison argues that seperation of powers and checks and balances would guarantee that no one faction would take total control of the gov.
Federalist #70
Hamilton argues for a single unit executive. He says this will be more effecient.
Federalist #78
Hamilton argues that under the constitution the judicial branch has the least amount of power. But they do have the power of judicial review.
necessary and proper/elastic clause
allows congres to make all laws that appear necessary and proper to implement its delegated powers.
Executive orders
Not mentioned in the constitution but it is implied. The power of the president to make laws without having Congress involved.
Executive agreement
an agreement between the president and the leader of another country. They are also not mentioned in the Constitution.
Judicial Review
The power of the courts to declare laws unconstitutional. Decided from Marbury vs Madison.
Confederation
decisins are made by an external member-state legislation.
McCullock v Maryland
Court ruled that srares did not have the pwer to tax the national bank. Reinforces the supremacy clause which establishes the supremacy of the Constitution.
US v. Lopez
Someone chalenges the Gun Free School Zones Act.(banned the possesion of handguns on school property).Lopez won, the court helf that the commerce clause did not extend to carrying handguns. Marked the importance of state sovereignty and local power.
Delegated/enumerated powers
those that only belong to the national government:
-printing money
-regulating interstate and international trade
-making treaties and conducting foreign policy
-declaring war
-establishing lower courts
-establishing copyright and patent laws
-raising and supporting armed forces
Reserved powers
Power that are only for the states. According to the tenth amendment these powers include anything that is not specifically granted to the national government in the constitution and denied to the state governments.
These powers include:
-issuing licenses
-regulating intrastate business(business within a state)
-conducting elections
-establishing local governments
Concurrent powers
Powers that are shared by the state and national governments:
-levying and collecting taxes
-building roads
-operating courts of law
-establishing courts
Precedent set by McCullok v Maryland requires:
conflicts between federal law and state law to be resolved in favor of federal law.
Categorical grants
Federal grants for specific purposes, such as building an airport. People that use these favor federal power.
Block grants
federal grants-in-aid that allow states considerable discretion in how the funds are spent. AKA: the states can use the money as they see fit.
seperation of powers
dividing the powers of government among the executive, legislative, and judicial branches. Concept was taken from Charles de Montesquieu.
Checks and balances from legislative branch
To Judicial:
-May propose amendments to overrle judicial decisions
-Can imeach supreme court justices
-can reject appointmens to the supreme court
To Executive:
-may reject appointments and treaties
-can withhold funding for presidential itiatives
-can impeach the president
-may overide a veto
Checks and balances from Executive branch
To leg. branch:
-may veto bills
-may adjourn Congress in certain situations
To judicial:
-appoints judges
Checks and balances from judicial branch
-may declare laws unconstitutional
To Exectutive branch:
-May declare executive actions unconstitutional
How do you ammend or change the constitution?
-proposed amendment wins 2/3 majority in House AND Senate.
-3/4 of all state legislatures apporve of the amendment
State governor
similar to president's duties to the nation.
-Direct state executive agencies
-command the state National gaurd
-may grant pardons or reprieves(to cancel or postpone the punishment of a person)
-Most can appoint state judges
Gubernatorial veto
A veto by the governor.
line-item veto
the power of a president, governor, or other elected executive to reject individual provisions of a bill.
Who oversees the bureaucracy?
Congress
How many memebers are in the House of Representatives?
435
Every ___ years a census is taken by the gov.
10
What does the census help with?
numbering congressional districts
Redistricting
redrawing of congressional district boundaries by the party in power of the state legislature
Which two states do not gerrymander?
Iowa and California because they use independent commissions to for districts.
How often do elections for House of Reps. happen?
every 2 years
House of Reps Requirements
-reside in the district they represent
-be a citizen of the state
-25 years old
How often do elections go up for the senate?
1/3 of the senate gets realected every 2 years
How long is the term of a senator?
6 years
Baker v. Carr
Issue:Did Tenessee's refusal to redistrict violate the fourteenth amednments guarantee of equal protection of the law?
-Baker won
-federal gov can force states to redistrict every 10 years
-one person one vote
-federal gov now has a say in redistricting
Shaw v. Reno
Issue:North Carolina attempted to gerrymander one district full of Afrcan Americans
-you can't take into account race while redistrcting
Shaw won
Descriptive representation
the idea that an elected body should mirror demographically the population it represents
Voting Rights Act of 1965
a law designed to help end formal and informal barriers to African-American suffrage
Packing
isolating minorities in a district
cracking
dividing the opponents voters into other districts
hijacking
redraws two districts in such a way as to force two incumbents to run against each other in one district, ensuring that one of them will be eliminated.
kidnapping
moves an incumbents home address into another district when redistricting
what is the power of the purse?
According to the appropriations and the taxing and spending clause Congress has a lot of control over budgetary spending.This way congress can influence the president or bureaucrats.
House Ways and Means Committee
House committee that handles tax blaws and spending bills. Only the House may initiate these laws and bills.
Oversight(nonlegislative task of congress)
Congress reviews the work of federal agencies. They investigate corruption and waste.
Hearings
sessions held by committees or subcommittees to gather information and views from experts
subpoena
a court order requiring appearance and/or testimony. All committee chairs have this power.
Public education(nonlegislative task of congress)
Committee hearings educate the public on problems that are going on.
Representing constituents wintin the government(nonlegislative task of congress)
Congress recieve and act on complainsts of various things.
Politicos
lawmakers who attempt to balance the basic elements of the trustee, delegate, and partisan roles
Delegate model
Legislators should adhere to the will of their constituents
trustee model
Legislators should consider the will of the people but act in ways that they believe are best for the long-term interest of the nation
Electorial duties (nonlegislative task of congress)
If neither candidate recieves the required 20 electoral votes the house can vote on the president and the senate can vote on the vice president.
Investigation (nonlegislative task of congress)
can be conducted by standing or select committees. When they investigate a topic.
Sponsor of a bill:
whoever introduces a bill into congress
rules committee
-only in the house
-decides how long a bill will be debated and wheter to allow an open or closed rule for amending laws,(open rule allows amendments)
poison pill amendements in congress
Poison pill amendments in Congress are provisions added to a bill to make it undesirable, discouraging its passage. They are used strategically to prevent the bill from becoming law.
filibuster
A tactic to delay a vote were senators usually make speeches
cloture
The only way to end a filibuster in the Senate. Requires a 3/5 vote in the Senate.
pork barrels
Pork barrels are government funds allocated for local projects to benefit specific districts, often used by politicians to gain favor with constituents.(bad)
earmarks
Earmarks are government funds allocated for specific projects or organizations, often inserted into legislation by lawmakers to benefit their constituents. (No longer allowed by the House)
Conference committees
members of these committees come from the people who wrote the bill.
-They come together to agree on a final format of a bill after different versions come out of the house and the Senate.
-failure to come to an agreement kills the bill
Pocket veto
When the President does not sign a bill within 10 days of Congress adjourning, effectively killing the bill without needing to officially veto it.
Who holds committee chairs
The majority party. They will also have most of the seats in each committee.