government dependent on popular sovereignty, but the powers of the government are also clearly limited, either through a written document or through widely shared beliefs

limits are intended to prevent political decisions based on the whims or ambitions of individuals in gov rather than on consitutional principles

govt: political decisions are made by the people directly, rather than by their elected representatives

Athens; felt that although a high level of participation may lead to instability in the govt., informed citizens could be trusted to make wise decisions

Dangers:

mob rule; uneducated masses cant govern themselves

prone to demagogues: political leaders who manipulate popular prejudices

too likely to subordinate minority rights to the tyranny of the majority

democratic republic

representative democracy

a republic in which representatives elected by the people make and enforce laws and policies

same as a democratic republic; may retain the monarchy in a ceremonial role

set of beliefs: advocacy of positive govt. action to improve the welfare of individuals

support for civil rights

tolerance for social change; oppose govt attempts to regulate personal behavior and morals

pos. govt. action to reduce poverty, redistribute income from high to low classes, regulate economy

constitution

Article I

Article II

 Article III

Legislative Branch

 Legislative, House of Representatives, Senate

section 8, clause 18: Elastic Clause

section 9: Powers denied to congress

Executive Branch

Judicial Branch

Madisonian Model: system through which each branch of the government can check the actions of the others

generally, for nearly every check that one branch has over another, the branch that has been checked has found a way of getting around it

set of beliefs: limited role for the govt in helping individuals

support for traditional values & govt regulation of social values/moral decisions

cautious response to change

oppose govt. programs to redistribute income/change status of indiv

first ten ammendments of the Constitution that limit the powers of the national govt over the rights and liberties of individuals

fundamental rights and liberties are protected at the national level did not limit state power and citizens had to rely on the guarantees contained in the particular state constitution or state bill of rights

created a week central govt

confederation: voluntary association of independent states in which the member states agree to only limites restraints on their freedom of action

Congress had the right to declare war and to conduct foreign policy; but did not have the right to demand revenues from states

fundamental weakness: lack of power to raise funds for the militia ; central govt couldnt maintain peace and order >> Shay's Rebellion

Amendment I

congress cannot create an official chuch or enact laws limiting the freedom of speech, religion, press; right to petition

establishment clause: govt cannot establish national religion

free exercise clause: free to believe what you want; practice those beliefs unless in conflict with national law

opposed to a strong central govt; 

opposed ratification of the new Constitution

Anti-Federalist Response: claimed Const. was written by aristocrats; would lead to aristotic tyranny

Const would create an overbearing and overburdening central govt hostile to personal liberty; wanted to include list of guaranteed liberties/bill of rights

Proposing

1. 2/3s vote in each chamber of the Congress

2. national convention called by Congress at the request of 2/3s of state legislatures

 (never used)

Ratifying (no time limit)

1. positive vote in 3/4s of the legis. of states

2. by special conventions called in states w/ positive vote in 3/4s of them (used once)

power of the US courts to examine the constitutionality of actions undertaken by the legislative and executive branches of govt

Supreme Court not granted this authority in Constitution; inferred from Marbury v. Madison case

petition to the Supreme Court by Marbury, who had been appointed as Justice of the Peace in D.C. by Pres. Adams shortly before leaving office, but whose commission was not delivered as required by Marshall, Adams' Secretary of State.

When Jefferson assumed office, he ordered the new Secretary of State, Madison, to withhold Marbury's and several other men's commissions.

Being unable to assume the appointed offices without the commission documents, Marbury and three others petitioned the Court to force Madison to deliver the commission to Marbury. The Supreme Court denied Marbury's petition, holding that the statute upon which he based his claim was unconstitutional.

Marshall first examined the Judiciary Act of 1789 and determined that the Act purported to give the Supreme Court original jurisdiction over writs of mandamus. Marshall then looked to Article III of the Constitution, which defines the Supreme Court's original and appellate jurisdictions. Marbury had argued that the Constitution was only intended to set a floor for original jurisdiction that Congress could add to. Marshall disagreed and held that Congress does not have the power to modify the Supreme Court's original jurisdiction. Consequently, Marshall found that the Constitution and the Judiciary Act conflict.

This conflict raised the important question of what happens when an Act of Congress conflicts with the Constitution. Marshall answered that Acts of Congress that conflict with the Constitution are not law and the Courts are bound instead to follow the Constitution, affirming the principle of judicial review.

McCulloch v. Maryland

McCulloch, cashier of the Second Bank of the Unite State's Baltimore branch refused to pay Maryland tax to put it out of business. Maryland won at state court.

Justice Marshall held that if establishing such a national bank aided the national govt. in the exercise of its designated powers, then the authority to set up such a back could be implied

Having established this doctrine of implied powers, he established the doctrine of national supremecy

handout*

Article VI, Clause 2

 the Consitution and federal laws are superior to all conflicting state and local laws

 a law that inflicts punishment for an act that was not illegal when it was committed.

Article 1 Section 9 Clause 3

No Bill of Attainder or ex post facto Law shall be passed.

 a law that inflicts punishment without a trial

Article 1 Section 9 Clause 3

No Bill of Attainder or ex post facto Law shall be passed.

Article I, Section 9, Clause 2

order that requires jailers to bring a prisoner before a court or a judge and explain why the person is benig held

Necessary and Proper Clause/

Elastic Clause

Article I Section 8

grants Congress the power to do whatever is necessary to execute its specifically delegated powers

provides flexibility; gives Congress all of those powers that can be reasonably inferred but that are not expressly states in the brief wording of the Constitution

system of govt. in which two or more units of govt govern over the same people and the same territory

auhority is divided between a central govt and regional govts. that both act directly on people with laws and actions of elected govt officials

 Australia, Canada, Germany, India, Mexico

system of govt. that allows ultimate govt authority to be with the national/central goverment

easiest to define

Britain, Egypt, France, Japan, Sweden

system of govt consisting of a league of independent nations each having essentially sovereign powers

the central govt creates by such a league has only limited powers over the states

European Union

powers specifically granted to the national govt by the Const.

Federal

First 17 clases of Article I Section 8

Article II Section 2

Aricle III Section 2

State

Aricle I Section 4

Aricle II Section 1

Aricles V (propose/ratify ammendments)

powers of the national govt based on Article I Section 8 - Necessary and Proper/Elastic Clause

Gives Congress all of those powers that can be reasonably inferred but that are not expressly stated in the brief wording of the Const.

Hamilton's essays in defense of the constitution

best ex of political theorizing

Relations among states

full faith and credit: states within the United States have to respect the "public acts, records, and judicial rulings" of other states

treatment of citizens

Article V

Article VI

Article VII

Methods of Amendment

National Supremacy

Ratification

Amendment II

Amendment III

Amendment IV

Milita and the Right to Bear Arms

The Quartering of Soldiers

Searches and Seizures

Amendment VI

Amendment VII

Amendment VIII

Amendment IX

Amendment X

Criminal Court Procedures

Trial by Jury in Civil Cases

Bail, Cruel and Unusual Punishment

Rights Retained by the People

Reserved Powers of the States

Amendment XIII

Amendment XIV

Amendment XV

Prohibition of Slavery

Citizenship, Due Process, Equal Protection of the Laws

Right to vote

nation's inherent right to ensure its survival;

each nation must have the ability to act in its own interest among other nations

Any nation must have them in order to function in the international system of systems, they ensure the nation's survival & integrity as a political unit

Found in the Constitution, traditional practice & interpretation by the courts

ex: regulate immigrants, make treaties, wage war, make peace

Powers that the national govt. cannot deny to the states

tenth amendment: powers that are not delegated to the US by the Constitution, and nor prohibited to the states, are reserved to the states

ex: police power: authority to legislate for the protection of the health, morals, safety, and welfare of the people; enables states to pass lawa governing crimes, marriage, contracts, education, intrastate trasportaion and land use

Powers held jointly by the national and state govt; in Constitution but most are implied

ex: power to tax; power to borrow funds, establish courts, spend money, regulate commerce

state: intrastate"within"

 federal: interstate"across"

Denied powers to the National and State govt.

Federal

Any power not granted expressly or implicitly to the federal govt. by the constitution is prohibited to it

found in Constitution, Article I Section 9, Bill of Rights

ex: habeas corpus, no ex post facto laws, no bills of attainder, cant infringe rights

 State

found in Constitution, Article I Section 10, Bill of Rights

ex: cant coin money, enter into treaties, regulate commerce, refuse other state citizens equalities

A system in which the states and the national govt each remain supreme within their own spheres.

The doctrine looks on nation and state as so-equal sovereign powers. Neither the state govt. nor the national govt. should interfere in the other's sphere

"layer cake"

The theory that the states and the national govt should cooperate in solving problems.

"marble cake"

A model of federalism in which specific programs and policies (depicted as vertical pickets) involve all levels of govt national, state, and local (horizontal pickets).

Officials at each level of the govt work together to promote and develop the policies

If the National govt. infringes upon rights and is contrary to the const. then the state will come in between the citizens and National govt.

 State legislature will decide if the fed. govt. is infringing. (notes)

The states remain sovereign entities so they have the right to declare federal laws null and void.

when states nullify a law and federal govt still persists, they heve the right to sucede (no longer true due to civil war)

Those personal freedoms that are protected for all individuals; restrainment of govt actions against individuals

the freedoms that we as individuals have that are protected against actions of the govt.

The view that most of the protections of the Bill of Rights apply to state govt through the 14th amend's due process clause.

making Bill of Rights limits applicable to states through 14th ammendment. * process?

The provision of the First Amend guaranteeing the free exercise of religion.

constrains the national govt from prohibitng individuals from practicing the religion of their choice

applying the law fairly and going through procedures before depriving on of their liberties

the right to a proper trial *

 The govt can neither promote nor discriminate against religious beliefs.

First Amendment: prohibits the establishment of a church that is officially supported by the national govt, guaranteeing a division between church and state