1: Foundations Flashcards
(46 cards)
Constitutional Convention
1787, Philadelphia, 55 delegates (all states except RI)
Enlightenment concepts
- Natural rights
- Social contract
- Egalitarianism
- Liberty
Natural rights
Life, liberty, and property (John Locke)
AoC: how many states to pass laws?
9 of 13
AoC: Changes to articles
Unanimous consent
AoC: number of articles
13
AoC: representation
Every state 1 vote
How is limited government achieved?
Written constitutions
Participatory democracy
Emphasizes broad participation and engagement in political decision making
Pluralist democracy
Emphasizes non-governmental collective activism through interest groups
Elite democracy
Policymaking dominated by elected representatives as trustees
AoC: Congress
Formulated 1777, ratified 1781
Constitution: Key principles
- Separation of powers
- Federalism
- Checks and balances
- Popular government
Necessary and Proper Clause
- AKA Elastic Clause
2. Article I, Section 8
Supremacy Clause
Article VI, Clause 2
Preemption doctrine: allows courts to invalidate state laws in conflict with the Constitution, federal laws, and treaties
Federalists vs AF: Political positions
Federalists: favored large federal republic to better organize and defend the US
AF: Strong state and local governments and a weak national government
Federalists vs AF: Key supporters
Federalists: Washington, Hamilton, John Adams, John Jay
AF: Jefferson, Samuel Adams, James Monroe, Patrick Henry
Federalists vs AF: Economic position
Federalists: centralized economic oversight of the nations business through national bank; emphasis on manufacturing and industry
AF: agrarian economy of small farmers
Federalists vs AF: impact
Federalists: Constitution and ratification via Federalist Papers
AF: final wording of Constitution and Bill of Rights
Federalists Papers authors
James Madison
Alexander Hamilton
John Jay (very few)
Federalist No 10
James Madison
- Issue of factions - natural in any group of people
- Tyranny of the majority
- Diversity of the 13 states would control mischief of factions
Brutus No 1
Robert Yates
- AF arguments against ratification
- Argued in favor of decentralized power with sovereignty localized in the states
- Instrumental in adding bill of rights
Constitution: Article V
Provides 2 methods for amending Constitution
- Proposed by 2/3 vote in both houses
- Proposed by convention of the states at the request of 2/3 of state legislatures
Either - ratified by 3/4 of state legislatures or state conventions
How are electors apportioned?
IAW Article II, Section 1
To each state equal in number to its Senators and members of the House