GOV Unit 1
Terms
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- Article 1 section 8
- Enumerated powers of federal government: Elastic Clause (congress has powers to write all laws necessary and proper)
- Lock and Human Nature
- People only overthrow gov't if there are a lot of problems, people should stand up for what they believe
- Reasons for 3 amendements
- 1. single 6yr presidency so president doesn't have to worry about campaigning 2. congress can request random election of president is doing a bad job 3. lengthen house term to 4 so pres elected at same time
- NJ Plan
- one vote per state in legislature. weak federal gov't. Favored by SMALL states.
- Liberty v. Order
- Needed gov't where people were represented but not ONLY influence--> so no tyranny of majority.
- 3rd order devolution
- non-profit and private organizations have more roles
- Senate
- 2 senators per state. Up for election every 6 years.
- Trustee Representatives
- vote what they think is right b/c they were elected in the first place
- Hamilton
- Unitary government. Nati'l gov broadly defined and liberally construed. Nat'l supremacy b/c const is the supreme law.
- VA Plan
- population, big states, on house based on population one based on, the upper house voted in by lower. Strong Fed Gov't
- 2nd order devolution
- power and $ from state to local
- George Mason (views)
- Anti-Federalist. More state-power. Need bill of rights to ensure peoples rights. Thought pres evolve into monarchy. Use Art. 10.
- How is right to revolt justified?
- If gov't does not allow for natural rights of the people or do not protect the people or are not working for best interest of the people--> people will want to replace that gov't with fairer representation
- Unitary governments (places)
- France, Sweden, Britain,
- electoral college
- # congressman + # senators for each state
- Who Governs?
- many different people/groups govern but people argue about who SHOULD govern
- US v. LOPEZ
- Gun free school act unconstitutional b/c exceeds congressional powers
- Majoritarian (republic)
- representative legilature follow public opinion.
- Federalist 51
- State and federal gov't gives double security but keep branches seperate.
- Why men enter Society?
- Protection of property. If there are no laws, everyone's freedom is endangered by the other.
- Montesquieu
- believed in separation of powers
- amendments process
- proposal by 2/3 of House and Senate. ratified by 3/4 of the states.
- Elitism (republic)
- representatives have disproportionate share of power b/c they care enough to get involved
- To what ends?
- disagreements about how powerful the government should be in everyday life.
- rousseau
- believed in the will of the people
- Pluralist (republic)
- no single elite is in total power. Many parts of gov't have power. All citizens should get their voice heard and leaders work together.
- Madison
- "power delegated by const to federal gov't are few and defined and states have many powers"
- Power Elite (republic-Wright MIlls)
- Corporate leaders, generals, politicians dominate government. Get money and create self-serving policies.
- People Pro-Constituion
- People who were owed money by the gov't b/c the const made it more likely that they would be paid back. STATE INTERESTS, NATURAL RIGHTS, HIGHER LAW
- judicial review
- supreme court has power to declare act of congress unconstitutional
- Federalsit 10
- people innately factuous--> fedral gov't should regulate factions. Majority factions in big republic not bad--> INTEREST COUNTERACTS INTEREST (no tyranny of majority)
- Committee of detail
- nominated by president ratified by senate
- James Madison (views)
- Federalist. Self-interest, more people more opinions no tyranny, split power for democracy, tools for checking on each other. Checks, Federalism, Separation of powers
- Marxism (republic)
- Bourgeoisie vs. workers= struggle. Classes are made up of peoples relationship to the economy.
- Bureaucracies (Republic-Max Weber)
- All gov and non gov programs are controlled by bureaucracies that help run daily life. (AGAINST marxism, neglected things outside economy) Good: decisions are rational. Bad: political power of bureaucrats be overtowering.
- 11th amendement
- protects states from being sued by people of other states of other countries
- Article 3
- has to be a supreme court, no definite number of justices
- Constitution + Democracy
- framers not want pure democracy: 1. impossible in such a large republic 2. passions risk tyranny of majority 3. popular rule should only be PART of it
- 50 laboratories plan
- let states experiment with different ways of doing things, like having different tax amounts
- framers
- will of people but should be responsible to protect legitimate opposition.
- Federal governments (places)
- US, Canads, India, Germany, Australia, Switzerland
- Delegate Representatives
- go back to the polls constantly and get feedback from people at the polls
- 10th amendement
- anything not in constitution is up to the states
- No original bill of rights
- 1, guaruntees in constitution 2. most states had their own bill of rights
- Problems with Articles of Confederation
- States could not make decisions; 1. could not levy taxes/ regulate commerce 2. delegates picked by legislature 3. little $ coined by congress
- House of Representatives
- based on population. up for election every 2 yrs.
- Article 6
- Federal supremacy clause: highest form of law in American system
- Article 2
- president is elected by electoral college
- Direct Democracy
- citizens vote on every issue that is apparent. Good for SMALL TOWNS. (N. England, Greek city-state). Bad: tyranny of majority, changing votes affect more than they should.
- Aristotle's definition of democracy
- The rule of many
- Representative Democracy
- Competition to determine leaders. B/c people don't have time or intelligence to vote on all issues. Good for big republics.
- Jefferson
- People ultimate sovereign. Nat'l gov't threaten liberties if too strong.