unit 1 (ai)

• European movement “Enlightenment” influenced the U.S Constitution.
• Hobbes, Leviathan 1651 - the government has to protect citizens from the violence that occurs because of society's greed ‒‒ natural rights and state of nature.
• The state of nature in Hobbes's eyes was chaotic and horrible.
• Locke, The Second Treatise 1689 - the government has to protect the rights of citizens (given by God) ‒‒ natural rights, state of nature.
• The state of nature in Locke’s eyes was peaceful and good.
• Montesquieu, Spirit of Laws 1748 - the government should be organized so the power doesn’t become centralized (elect leaders to represent them and create laws) ‒‒ separation of powers
• Blackstone, Commentaries on the Law 1765 - powers of the government are based on the proper interpretation of common law codes
• Popular sovereignty - by nature the power to govern is by the people
• Social contract - to protect natural rights, people give their power to the government (give to get)
• Rousseau wrote the Social Contract (Treatise), but he also wrote that people have the power to overturn the government if it doesn’t do its duty
• Participatory Democracy: emphasizes participation in politics and civil society
• Enumerated powers: powers written in the Constitution, given to federal government
• Participatory Democracy: Citizens vote on laws directly, not through representatives
• Initiative: voters put a measure on the ballot they want passed
• Referendum: people oppose a law passed by the legislature
• Elite Democracy: limited participation by a few educated and informed people
• Pluralist Democracy: group-based activism by nongovernmental interests which work to impact political decision-making ‒‒ ex: interest groups about gun rights
• • Federalist 10 v. Brutus 1 - majority rule vs minority rights (regional and economic)
• Federalist 10 - Arguments

  Solution: create a republican style government

  But if so many protections were given to the minority, then the common good will never win

  If majority always won, then the minority would not be represented

  Main argument concerning the “mischief of factions
• Brutus 1 - Arguments

  • A republican style has never governed a country as large as the U.S
  • The necessary and proper clause and supremacy clause of the Constitution would create a powerful central government and would render state government unnecessary
  • If liberty was to be maintained, the Constitution with all its centralized power shouldn’t be ratified
• Weak, had one branch, no judicial or executive, just Congress
• All 13 states had to agree to amend the Articles
• Congress had no power to raise tax, no national currency, or power to raise an army/navy
• Shay’s Rebellion showed how weak the AOC was
• Federalism: sharing of power between the nation and state government
• Legislative branch - has 2 houses which make up Congress
• Great Compromise :How people would be represented in the new Congress
• New Jersey Plan - argued representation would be equal (1 vote per state), favored small states
• Separation of powers: powers divided among the 3 branches of govt
• When passed (14th Amendment) , meant that citizen’s rights would be protected, and people born or naturalized in the U.S would get citizenship, along with former slaves
• Checks and Balances - each branch has the power to “check” the other branches
• House of Representatives - representatives would be apportioned based on population
• Shay's Rebellion: Farmers rebelled because Congress wasn’t paying them their wages from the Civil War and the government couldn’t do anything to stop them from rebelling, a militia outside the govt was formed to stop the farmers.
• Senate - equal representatives no matter the state’s population
• Virginia Plan - argued representation would be determined by population, favored large states
• Reserved powers: powers kept by the states
• Federalist 51 Argument: Separation of powers and checks and balances are able to control the abuse of power by any one branch

  • Each branch must work independently, but they have to also possess checking powers
  • Giving too much power to 1 branch could be dangerous
• Stakeholder: anyone with a vested interest in the outcome of policy-making
• Bicameral Legislature - house of representatives and senate (2 houses)
• Executive - president; power to enforce the laws