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39 Cards in this Set
- Front
- Back
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Hamilton
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-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 |
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Judicial Power (Hamilton)
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-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 |
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Exec Power (Hamilton)
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-indirect election
-tenure=4 yrs -no term limit -3 pwrs --expressed pwrs (article 2) --implied pwrs (article 2) --inherent pwrs |
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Legislative Power (Hamilton)
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-short terms
-senate: indirect selection by state legislature -3 expressed pwrs: taxing, spending, currency -implied pwrs = necessary & proper |
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Whiskey Tax Critics
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-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 |
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Whiskey Tax Defenders
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-necessary because new govt needs credibility to receive credit, and thus must pay off its debts
-strengthens nat'l pwr |
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National Finance System
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-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 |
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Industrialization (Hamilton)
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-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) |
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Marshall
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-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) |
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McCulloch v Maryland 1819
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-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 |
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Historical Periods and Corresponding Viewpoints
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-Colonial Period: Hobbesian
-Confederal Period: Lockian -Constitutional Period: Hobbesian reversion (Hamilton) -Post-Constitutional Period: Lockian reaction (Jefferson) |
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Jefferson's Nature of People
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-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 |
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Jefferson's Educational System
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-public
-mass (not elitist) -free -3 levels: ward, county, university |
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Jefferson's Function of Government
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-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 |
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Declaration of Independence
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-replaced "property" with "happiness" bc its a civil right, is much more comprehensive, ppl have right to pursue it but not necessarily attain it
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Jefferson's opposed to...
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-all property restrictions
-importation of slaves --immoral --dangerous -religious laws -Alien and Sedition Acts |
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Alien and Sedition Acts 1798
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-fedist govt used govt pwr to protect fedists
-immigrants support dems, so keep them from being citizens -keep citizens from protesting as well |
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Govt Checkage according to Jefferson
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-the more distant the govt, the more dangerous and thus the more need for checkage
-natl govt requires greatest amt of checkage |
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Checks against Fed
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-limited only by listed pwrs (check of enumeration)
-pwr denials (certain pwrs are expressly denied to fed) -pwr of veto (Kentucky Resolution, 1798) |
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Who has pwr to adopt constitution?
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-ppl
-ppl in state conventions |
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Who has pwr to amend contract?
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-to propose change: congress or natl amending convention
-accept change: state legislatures or convention -pwr of acceptance is bottom-up thur ppl and states |
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Power of Interposition and Nulification
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-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 |
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Lateral Structuring of Power (Jefferson)
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wanted to popularize input process & narrow output process
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How to popularize (broaden) power (Jefferson)
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-broaden franchise
-increase # elected offices -increase # directly elected -equal districts in legislature -increase frequency of elections at all levels |
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How narrow output (limit gov)
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-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 |
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John Taylor
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-spokesman for Jefferson
-anti-federalist -no structural balance of pwr -no economic govt control -not natl sovereignty argument |
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Structural Balance Rejected by Taylor
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-means majorities have less, minorities have more
-property produces virtue which produces knowledge (property=independent variable) |
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Taylor doesn't want govt to be preferential
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-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 |
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Jacksonians
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-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 |
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Pro-property arguments
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-deductive Lockian arguments
-argument against liberty, for property -property should have pwr beyond its #'s |
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Argument against liberty
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-liberty & property aren't equal (property superior)
-inversely correlated -Harrington was wrong -hostility btn liberty & property can change |
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Arguments for property
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-Index Argument
-Contribution Argument -Stake Argument -Structural Argument -Protection Argument -Democratic Argument |
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Contribution Argument
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-property contributes more to the system
-no representation w/taxation |
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Stake Argument
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-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 |
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Structural Argument
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-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 |
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Protection Argument
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-elections protect property
-protection of BOR -2 protections isn't enough -property needs structural protections on the govt side |
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Democratic Argument
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-special pwr to property = pro democratic
--property sys open/fluid --widespread prosperity |
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Hobbesian arguments
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-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 |
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Argument in favor of liberty
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-3 natural rights: life, liberty, property
-liberty/property equal |
