-All developed the social contract theory

-Give up their freedoms to obtain the benefits of orderly government"

-Nov. 15, 1777- agreed to draft the plan

-Signed by all thirteen colonies on March 1st, 1781

-First national constitution

-An important in the creation of our government system

-August 1786

-Indebted farmers reached their boiling point

-Captain, Daniel Shay & 2000 armed farmers

-seized county courthouses & disrupted the debtor's trial

-This made American's realize we needed a true national government

-February 21st

-Congress called on the states to send delegates to Philedelphi

-"for the sole and express purpose of revising the Articles of Confederation"

-NO EXPORT TAXES

-FAVORED LARGE STATES

-A Masterful political stroke on the part of the Virginia Delegation. It's proposals immediately set the agenda for the remainder of the convention

-A national court system, created by the legislature.

-favored small states

-Congress would be able to regulate trade & impose taxes

-Each state would only have one vote

-Acts of congress would be the supreme law of the land

-An executive office of more that one person would be elected by the congress

-The executive office appoint a national supreme court

-A political group, led by Alexander Hamilton and John Adams, that supported the adoption of the constitution and the creation of a federal form of government.

A political group that opposed the adoption of the constitution because of the document’s centralist tendencies and because it did not include a bill of rights

-“Caesar letters”-had little effect so it was changed to “Publius”.

-Eighty five essays were written in defense of the constitution

-They were attempts to allay the fears expressed by the Constitution’s critics

-Madison responded to these editorials

-“groups or fractions would struggle for power and chaos would result”

-He argued that the nations size was actually in advantage in controlling factions

The poweres of the national government were separated into different branches: Legislative, Executive, and Judicial.

-Legislative Branch (Congress): Passed laws

-Executive Branch (President): Administers and enforces the laws

-Judicial Branch (The courts): Interprets the laws

the ability to return bills to Congress for reconsideration

-Congress controls taxes and spending

-Senate must approve Presidential appointments

-House of Representatives: serve two years

-Senate: serve six years

-President: serve four years

 Unitary System of Government

-NOT FEDERALISM

-Most nations have Unitary System of government

-The constitution vests all powers in the national government

-Definition: A centralized governmental system in which local or sub divisional governments exercise only those powers given to them by the central government

Our large size- keeps people in close and centralized, this makes democracy possible

Many subunits of government making it possible to experiment with policies and programs

It promotes self-rule which may not always be in the best interest for society

Powerful state and local interest could possibly block progress and impede on national plans

Lack of Uniformity of state laws- this complicates business transactions that cross state borders.

Always have the danger that national power will be expanded at the expense of the states. 

(enumerated powers): the power to coin money and the power to regulate interstate commerce

Definition: Constitutional or statutory powers that are expressly provided for bu the constitution.

Concurrent Powers

Supremacy Clause of the Constitution

Definition: Article VI, Clause 2, of the constitution, which mades the Constitution and federal laws superior to all conflicting state and local laws.

-“Shall be the supreme Law of the Land”

DEFINITION: A system of government in which the federal and the state governments maintain diverse but sovereign powers

The states and the national government are more or less equals, with each level of government having separate and distinct functions and responsibilities. The states exercise sovereign powers over certain matters, and the national government exercise sovereign powers over certain matters, and the national government exercises sovereign powers over others

DEFINITION: A model of Federalism devised by Thomas R. Dye in which state and local governments compete for business and citizens, who in effect, “vote with their feet” by moving to jurisdictions that offer a competitive advantage

The transfer of posers to political subunits

DEFINITION: The surrender or transfer of powers to local authorities by a central government

WELFARE REFORM ACT, 1996?

These are given for a broad area, such as criminal justice or mental-health programs

-This gives the states more discretion over how the funds will be spent.

 Commerce Clause (Article 1, Section 8)

-A section of the Constitution that gives Congress power to regulate interstate commerce (commerce that involves more than one state)

 U.S. v. Lopez (1995)

-legal and constitutional rights that protect citizens from government actions. It is a limit on government action.

Definition: Individual rights protected by the Constitution against the powers of the Government

-This is simply the right to be treated fairly under the legal system. The system and its officers must follow “rules of play” in making decisions, in determining guilt or innocence, and in punishing those who have been found guilty.

No one be depreived of life, liberty, or property, without process of due law.

-This amendment prohibits against double jeopardy, or that you cannot be charged with the same crime twice.

-No person can be required to be a witness against himself or herself. (self incrimination) 

guarantees of a speedy trial, a trial by jury, a public trial, and the right to confront a witness.

-The right to counsel at various stages in some criminal proceedings. 

This prohibits against excessive bail and fines and against cruel and unusual punishment.

Miranda v. Arizona

 Equal Protection Clause of the 14^th Amendment

The Amendment states: “No State shall… deny any person within its jurisdiction the equal protection of the laws.”

-This has been interpreted by the courts to mean that states must treat all persons in an equal manner and may not discriminate unreasonably against a particular group or class if individuals.  

The court came up with the conclusion about obscenity by deciding that a book, film, or other piece of material is legally obscene if it meets the follow criteria:

1. If the work tends to excite unwholesome sexual desire.

2. If there is any form of sexual conduct

3. The work taken lacks serious literary, artistic, political, or scientific value.

The Court denied public aid to private and parochial schools for the salaries of teachers of secular courses and for textbooks and instructional materials in certain secular subjects.

1) The purpose of the financial aid must be clearly secular (not religious)

2) It’s primary effect must neither advance nor inhibit religion

3) It must avoid an “excessive government entanglement with religion

1. A two-thirds vote in the Senate and in the House of Representatives is required. (All 27 amendments have been proposed this way)

2. If two thirds of the state legislatures request that congress call a national amendment convention, then Congress must call one. The convention may purpose amendments to the states for ratification. (hasn’t yet been successful)

1.     Three-fourths of the state legislature can vote in favor of the proposed amendment. “this is the traditional ratification” (used 26 times)

2.     The states can call special conventions to ratify the proposed amendment. If three-fourths of the states approve, the amendment is ratified (only used once on the 21^st amendment)

-       This focuses on the participation of groups in a decentralized government structure that offers many points of access to policymakers.

-According to this theory, politics is a contest among various interest groups.

-They believe that no one group can dominate the political process.

-ACLU

AMA

American Medical Association

 Define Lobbying 

These techniques can be particularly effective because public officials are often more impressed by contracts from voters than from lobbyists.

  Political Action Committees (PACs)

 Iron Triangles

 in the House of Representatives (vote on articles of impeachment) and Senate (trial to remove from office)

-If found guilty for the charges by a two-thirds vote in the Senate, the official can be removed from office and prevented from ever assuming another federal government post.