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62 Cards in this Set
- Front
- Back
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Roles of Government in a market economy
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1. define property rights
2. prevent fraud and coercion 3. provide money 4. enforce contracts 5. provide infrastructure |
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Elements of self-government
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1. don't infringe on rights of others
2. respect property rights 3. responsible family behavior 4. no criminal behavior 5. observe government laws 6. independent and self reliant |
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costs of failure of self government
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1. crime
2. contract enforcement 3. social costs |
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contents of Declaration of Independence
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para. 1 - preamble
para. 2 - theory: Locke's Treatise para. 3 - greviances |
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contents of 1st paragraph of Declaration
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1. popular sovereignty
2. purpose of nations 3. strength of bounds of government 4. reasons for seeking independence |
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contents of 2nd paragraph of Declaration
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outlines Lockesian natural rights
1. equality of humanity 2. rights to life, liberty, pursuit of happiness 3. govts exist to secure rights 4. generally govts ought not be overthrown |
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contents of 3rd paragraph of Declaration
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list of grievances
1. legislative process 2. representation 3. migration 4. judicial process 5. size of bureaucracy 6. unlawful military acts 7. interfering with trade 8. imposing taxes |
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things Jefferson wouldn't like today:
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1. unlawful military acts
2. immigration quotas 3. trade policy 4. electoral college |
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things accomplished by the Revolutionary War
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1. summoned public virtue from ordinary and famous
2. divided people on both sides of the Atlantic 3. resulted in independence for each colony, then they decided to form a confederation |
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premises of the Declaration of Independence
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1. all individuals created equal
2. endowed by God (nature) with unalienable rights 3. govt, with power from the people, should secure these rights 4. if govt fails to do this, it should be removed |
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How "good society" is embodied in the Constitution
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1. "govt of the people"
2. purpose of govt 3. power to rhetoric of rights 4. gives ideals for govt |
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ideals for govt
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1. political democracy
2. equaltiy 3. concern for life, liberty, and individual happiness |
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proportional vs. winner takes all
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in proportional, votes are allocated according to vote %s
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weaknesses of articles of confederation
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1. power held entirely by states
2. no chief executive 3. no power to tax 4. no judiciary 5. couldn't provide common defense |
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events that led to "amending" the articles of confederation
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1. some disorder raising fear of anarchy
2. Shey's Rebellion |
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political context of the Constitution
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1. fear tyranny
2. disappointment that high level of public virtue was not sustainable 3. fear anarchy 4. divided into federalists and anti-federalists |
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The House of Representatives is more ___________ than the Senate
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Democratic
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The Senate is more ______________ than the House of Reps
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Aristocratic
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apellate juristiction
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change or confirm a decision already made
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original juristicition
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power to create
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rules of convention
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1. secrecy
2. committee of the whole 3. one vote per state 4. 9 states sufficient to establish 5. state ratification by convention 6. George Washington preside |
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elements of Virginia Plan
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1. bicameral legislature
2. national executive chosen by legislature for 5 yr term 3. national judiciary chosen by legislature 4. state governments bound by oath to support "articles of union" |
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virginia plan's bicameral legislature
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1. 1st branch elected by people directly
2. 2nd branch elected by the 1st branch from persons nominated by state legislatures |
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Great Compromise
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1. sovereignty to both states and national governments
2. two legislative bodies 3. executive branch - not well formed, indirect, broad power |
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Issues of slavery at convention
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1. slave trade - no law for 20 years
2. representation - 3/5 3. slaves to be returned to owners |
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summary of the Constitution
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1. national power
2. process-based over rights-based 3. 3 branches 4. shared sovereignty between states and national govt 5. established popular govt w/direct and indirect elections (filters of consent) |
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theory behind the Constitution
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any set of rules has to presuppose something about human nature
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faction
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group of people with common interests
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mechanical devices
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used to control interests/factions
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The framers wanted the Constitution's structure to accomplish these goals:
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1. control self-interest
2. mobilize civic virtue |
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parallels of missionary programs and the Constitution
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1. primary reliance is on civic virtue
2. virtue is expected to grow out of a belief in the Good 3. self interest makes even virtuous people currupt 4. structure is a backup in case mechanical devices only work if people are committed |
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Two ways to control factions
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1. large republic
2. mechanical devices |
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mechanical devices
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setting factions against one another to control the outcome. Using people's interests to control the behavior of others
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total separation of powers
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risk that one side will wind up with total power
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mechanical devices within the Constitution
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separation of powers and checks and balances to control self interest and achieve cooperation
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auxiliary precautions
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structure is auxiliary to public virtue of citizens and officials
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these states were more in favor of the Constitution
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small states
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the original fear in the convention of the Bill of Rights was
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that they would be counterproductive
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2 options of protecting individual freedom
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1. setting up processes to limit government
2. enumerating rights and relying on courts to limit government |
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narrowly constructed amendments
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3-8
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broadly contructed amendments
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1, 2, 9
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problems with the rights-based approach to liberty
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1. inclusion - no way to draw boundary
2. expansion - courts tend to expand rights throughout time 3. conflict - when rights conflict, no guidance from the Constitution |
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and important element of the founding, constitution, etc that made them possible
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the leadership
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important things Washington did
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1. commanded continental army
2. presided over constitutional convention 3. developed the office of president 4. unifying figure |
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important things about Jefferson
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1. Washington's secretary of state
2. runs again Adams 3. founded the Democratic-Republicans with Madison 4. wanted to align with France 5. focuse on rural America and agriculture, self-reliant individuals 6. wanted small, rights protecting government. narrow/strict interpretation of the Constitution |
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important things about Hamilton
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1. Washington's secretary of Treasury
2. founded the Federalist Party with Adams 3. wanted a great empire to dominate the W hemisphere 4. wanted to align with England 5. wanted big cities and manufacturing 6. broad interpretation of Constitutional powers |
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judicial review
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legal ability of a court to declare either legislative or executive acts mull and void on the basis of overriding statutory rules
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John Marshall was both _________ and _________ at the same time
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Secretary of State and Chief Justice
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the Judicial Act of 1789 allowed Marbury to
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take his case straight to the Supreme Court
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Marshall's options in Marbury vs. Madison
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1. order Jefferson to deliver commission - weakens Supreme Court b/c pres will ignore
2. not order Jefferson to deliver the commission - makes Supreme court look like it doesn't have enough power 3. refuse to hear the case 4. what he did |
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Marshall's reaction to Marbury vs. Madison
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1. publicly condemns the Pres.
2. states that the supreme court doesn't have the power of original jurisdiction in regard to writs of mandamus 3. increase power of supreme court |
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writ of mandamus
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court document forcing an action by a certain party
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appellate jurisdiction
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change or confirm a decision already made
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original jurisdiction
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power to create
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what Marbury vs. Madison did in relation to the Judiciary Act of 1789
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nullified the act of Congress
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Washington's cabinet
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1. Henry Knox (sec of war)
2. Alexander Hamilton (sec of treasury) 3. Jefferson (sec of State) 4. Edmund Randolph (attorney general) |
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why the Constitution did not anticipate the influence of parties
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1. Washington opposed parties
2. parties hadn't been important in colonial legislatures 3. people were more united against the British crown, now separating 4. new issues |
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the two key elements of political structure generally added by states
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1. single representative districts
2. winner is determined by a plurality |
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incentives against 3rd parties
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1. single representative districts
2. independent election of the president 3. no opportunity for blackmail 4. a major party will try to win over 3rd party voters |
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what good things came from the articles of confederation?
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1. NW Ordinances
2. got the country through the revolutionary war |
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experience of state governments
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constitutional lab
gave leaders experience |
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the two main points of Washington's farewell speech
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1. isolation, don't police the world
2. warn against parties |
