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39 Cards in this Set

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Hamilton
-ppl are the beast (negative view of ppl: emotion and aggression)
-lack of pwr allows ppl to be themselves
-govt pwr should be STRONG, CENTRALIZED, JUDICIALIZED
-pwr sys should be biased (govt should be a positive service)
--portable over fixed property
--industrial over agrarian property
-wrote fdist papers
Judicial Power (Hamilton)
-fedist paper #78
-judicial branch top down, unfixed terms
-judicial pwrs: delegated pwr in article 3 (jurisdiction, original, appellate) and inherent pwr: pwr of statuatory interp and constitutional interp
Exec Power (Hamilton)
-indirect election
-tenure=4 yrs
-no term limit
-3 pwrs
--expressed pwrs (article 2)
--implied pwrs (article 2)
--inherent pwrs
Legislative Power (Hamilton)
-short terms
-senate: indirect selection by state legislature
-3 expressed pwrs: taxing, spending, currency
-implied pwrs = necessary & proper
Whiskey Tax Critics
-favors states which don't pay debts (urban) i.e. who don't keep their word
-favors portable property
-favors (the few) investors against (the many) consumers
Whiskey Tax Defenders
-necessary because new govt needs credibility to receive credit, and thus must pay off its debts
-strengthens nat'l pwr
National Finance System
-wanted nat'l bank
-wanted metallic standard
-Jefferson argued no (govt has no banking pwr)
-Hamilton argues yes (currency, taxing, spending are expressed pwrs)
-Congress agrees w/Hamilton
Industrialization (Hamilton)
-wanted nat'l govt to develop industrialization
-insulate US industrialization against foreign threats w/import taxes and spend money on improvements & discoveries (using awards and loans)
Marshall
-court has pwr of constitutional interp bc its logical
-judicial review = veto
-pwr to tax = pwr to destroy; part can't destroy whole, but whole can destroy part (i.e states can't tax fed, but fed can tax state)
McCulloch v Maryland 1819
-natl govt gets delegated pwrs, states get reserve pwrs of 10th amendment
-fed gets currency, taxing, spending
-congress gets necessary and proper pwr (which is narrow: what is ABSOLUTELY necessary)
-result: if its reasonable & convenient, congress can use necessary & proper pwr
Historical Periods and Corresponding Viewpoints
-Colonial Period: Hobbesian
-Confederal Period: Lockian
-Constitutional Period: Hobbesian reversion (Hamilton)
-Post-Constitutional Period: Lockian reaction (Jefferson)
Jefferson's Nature of People
-Lockian w/a twist
-ppl tend to reason and conscience (have the POTENTIAL)
-education helps this
-ppl are unequal in regards to reason & conscience (which divide into elites and masses)
-equality at start, inequality at finish of education
-quantity and quality inversely correlated in education
Jefferson's Educational System
-public
-mass (not elitist)
-free
-3 levels: ward, county, university
Jefferson's Function of Government
-service (realize/protect individual rights)
-threat to rights=govt tyranny
-2 kinds of rights: natural (superior to) and civil
-natural rights: thought & communication
-civil rights: person & property
Declaration of Independence
-replaced "property" with "happiness" bc its a civil right, is much more comprehensive, ppl have right to pursue it but not necessarily attain it
Jefferson's opposed to...
-all property restrictions
-importation of slaves
--immoral
--dangerous
-religious laws
-Alien and Sedition Acts
Alien and Sedition Acts 1798
-fedist govt used govt pwr to protect fedists
-immigrants support dems, so keep them from being citizens
-keep citizens from protesting as well
Govt Checkage according to Jefferson
-the more distant the govt, the more dangerous and thus the more need for checkage
-natl govt requires greatest amt of checkage
Checks against Fed
-limited only by listed pwrs (check of enumeration)
-pwr denials (certain pwrs are expressly denied to fed)
-pwr of veto (Kentucky Resolution, 1798)
Who has pwr to adopt constitution?
-ppl
-ppl in state conventions
Who has pwr to amend contract?
-to propose change: congress or natl amending convention
-accept change: state legislatures or convention
-pwr of acceptance is bottom-up thur ppl and states
Power of Interposition and Nulification
-ppl can interpose themselves on a law and nullify it in that state
-if there's a disagreement, write it up as an amendment & submit to ppl
-its a vertical, pop veto
Lateral Structuring of Power (Jefferson)
wanted to popularize input process & narrow output process
How to popularize (broaden) power (Jefferson)
-broaden franchise
-increase # elected offices
-increase # directly elected
-equal districts in legislature
-increase frequency of elections at all levels
How narrow output (limit gov)
-all govt under written constitution
-state conts to include BOR's
-separation of pwrs balanced
-exec/judicial free from legislative control
-bicameralize legislature
-amendment process set in constitution, not controlled by legislature
-make it more difficult for govt to act
-rejected Marbury v Madison
John Taylor
-spokesman for Jefferson
-anti-federalist
-no structural balance of pwr
-no economic govt control
-not natl sovereignty argument
Structural Balance Rejected by Taylor
-means majorities have less, minorities have more
-property produces virtue which produces knowledge (property=independent variable)
Taylor doesn't want govt to be preferential
-in real world, ppl are unequal and will never be equal
-when govt involved, it produces artificial elites
-for natural elites, you need hands-off economics and hands-off politics
-economic pwr defines political pwr
Jacksonians
-remove property qualifications on input side and govt bias on output side
-reversed Harrington (open pol sys means eco pwr)
-property=wealth=eco pwr
-starts at state level
Pro-property arguments
-deductive Lockian arguments
-argument against liberty, for property
-property should have pwr beyond its #'s
Argument against liberty
-liberty & property aren't equal (property superior)
-inversely correlated
-Harrington was wrong
-hostility btn liberty & property can change
Arguments for property
-Index Argument
-Contribution Argument
-Stake Argument
-Structural Argument
-Protection Argument
-Democratic Argument
Contribution Argument
-property contributes more to the system
-no representation w/taxation
Stake Argument
-ppl w/property have more at stake
-ppl w/o only have 2 rights to protect
-those who have more at stake should have more pwr
Structural Argument
-3 branches of govt w/dif pwrs
--legislative has most pwr, so harder to use the pwr
-if you get rid or property, & base both houses on majorities, they'll speed up and thats bad
Protection Argument
-elections protect property
-protection of BOR
-2 protections isn't enough
-property needs structural protections on the govt side
Democratic Argument
-special pwr to property = pro democratic
--property sys open/fluid
--widespread prosperity
Hobbesian arguments
-no superior natural law (just society-made law)
-no natural rights
-no natural principles of govt
--based on #'s = democracy
--based on property=plutocracy
-thus, no requirement that govt based on all of this
-only 1 right: pursuit of self-interest
Argument in favor of liberty
-3 natural rights: life, liberty, property
-liberty/property equal