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21 Cards in this Set

  • Front
  • Back

What is popular sovereignty?

The people hold ultimate political power

What are the two types of popular sovereignty?

Roman - power rests with people, but they consent to form of government



Athenian - the people themselves are the government (direct democracy)

What is John Locke's concept of natural law and what does it prohibit?

No Government, law of nature



- it is wrong to harm others in their life, health, liberty, or property

3 elements of Ideal of Equality

1) equality under the law


2) equality within the political process


3) equality of opportunity

How are Equality, Rights/Liberties, and Popular Sovereignty expressed in the Declaration of Independence?

All men are endowed by their creator with certain inalienable rights, all men are created equal

Stamp Act Congress Argument

It is impossible for Americans to send a representative to Parliament, so therefore they cannot be taxed

Justification for Independence

Declaration of Independence



- all men possess certain rights


- governments are created to secure rights


- governments derive power from the governed


- when the government becomes destructive, the people have the right to alter/abolish it

Grievances against British Government in Declaration of Independence

Rights


- denied trial by jury


- trials moved to England


- cut off international trade



Powers without consent


- standing armies


- taxation

Provisions of Articles of Confederation in terms of structure and power

Structure - 1 branch (Congress); each state allowed 2-7 delegates but one vote



Powers - war for all states; negotiate treaties (not interfering with foreign trade); resolve state disputes; regulate value of federal and state currency

Problems with the Articles of Confederation

Lacked power to:


- Tax


- Enforce federal laws


- Regulate inter-state commerce

How was the issue of representation in Congress resolved at the Constitutional Convention?

3/5 Compromise

How were issues relating to slavery dealt with at the Constitutional Convention?

The slave trade was not prohibited, and nothing could be passed against it until 1808

Basic methods of selection for offices in original Constitution

People elect the House and the State Legislature.


The State Legislature elects the Senate


The people and the Senate elect the President

Process by which the Constitution can be amended

2/3 approval in House


2/3 approval in Senate


3/4 approval in states

Anti-Fed case for why the Constitution will create a nationalist system

1) "We the people..."


2) new powers given to gov:


- taxation (including import/export)


- raise army + nationalize state militias


- make all laws "necessary and proper"


- National Supremacy Clause

Anti-Fed case for why the Constitution would not create a democratic government

1) people don't have full control over government: no direct elections, long terms in office


2) full/equal representation


- no more than 1 House member for every 30k populace


- 2 senators per state


- 3/5 Compromise gives slave owners more representation

Federalist defense of national powers

1) more powers are needed to preserve the union


2) Constitution is partly nationalist, but partly Federalist as well


- House is national (directly elected by people)


- Senate is federal (elected by state legislature)

Federalist defense against need for Bill of Rights

Not necessary + potentially dangerous



- rights are a state issue so the federal government lacks the power to interfere


- Bill of Rights must be limited, and any right not listed is something that can be interfered with

Federalist defense to popular sovereignty arguments from Anti-Feds

The Constitution is rooted in popular sovereignty, but a democratic government isn't as effective as a republican government



- Constitution lays out forms/powers of government, people must consent


- long terms of office allows holders to gain experience; no liberty without independence (judges)


- indirect elections lead to more qualified people in office


- number of House Reps happy medium, 2 senators keep, 3/5 clause necessary compromise

Federalist version of popular sovereignty

Roman

Anti-Federalist version of popular sovereignty

Athenian