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CONSTITUTIONAL UNDERPINNINGS NEED TO KNOW : Unit 1
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Chapter 1 INTRO TO US GOVERNMENT
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Power Distribution Majoritarian Politics Issues that most Americans care about Otherwise, Elites play important role Marxist View Whoever controls economy controls Govt Power Elite View Few rich, powerful people control Govt Bureaucratic View Lifelong bureaucrats control Govt Pluralist View So many competing interests that no ONE interest wins HYPERPLURALISM: Too many interests = gridlock
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Classical Influences Greeks Direct Democracy Problems Efficiency Uneducated Voters Romans Indirect Democracy (Republicanism) Elected Officials vote for people
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Enlightenment Divine Right Monarchs Age of Reason John Locke Natural Rights Consent of the Governed Locke vs. Hobbes Montesquieu Separation of Powers Checks and Balances
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Beginning of America Declaration of Independence Based on Locke Articles of Confederation Weaknesses States have too much power Weak Central Govt: Cannot Tax Shays’s Rebellion Demonstrates weaknesses of AoC Philadelphia Convention
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Chapter 2 CONSTITUTION
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Creating the Constitution Compromises Great (Connecticut) Compromise Bicameral Legislature HoR – by Population, SEN – 2 per state 3/5ths Compromise Commerce & Slave Trade Compromise Congress controls interstate commerce Electoral College Structure of Government Separation of Powers Checks and Balances Amendment Process 2/3 of States or 2/3 of Congress PROPOSE Amendment ¾ of States APPROVE Amendment
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Struggle for Ratification Federalists vs. Antifederalists Federalist Papers Jay, Hamilton, Madison Fed. 10: Factions can’t be stopped, but republican form of govt can reduce their impact Fed. 51: Independent Branches of Govt, with checks and balances Debate over Bill of Rights
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Principles of Constitution Popular Sovereignty People have the power Limited Government Govt not “all-powerful” Separation of Power 3 Branches Checks and Balances Examples Judicial Review SC can VOID laws that violate Constitution Federalism Divide power geographically too
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Chapter 3 FEDERALISM
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Federalism Unitary 1 National Govt, states just help carry out duties Confederal States supreme, National Govt weak, Cooperation Federal National Gov’t strong, States Strong Rule same people at same time quasi-independently Dual Federalism vs. Cooperative Federalism
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Powers of Government Federal Powers Delegated Powers (Enumerated Powers) Expressed Implied Inherent State Powers Reserved Powers 10 th Amendment Exclusive and Concurrent Powers Supremacy Clause Elastic Clause
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Fiscal Federalism Grants-in-aid Federal Govt can “control” states through “Power of the Purse” Categorical Grants Specific Purpose, Fed Govt Power Block Grants Broad Purpose, State Power, Devolution Mandates & Conditions-of-Aid Commerce Clause causes tension between States and Fed Govt
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Interstate Relations Interstate Compacts Like a treaty, but less formal Full Faith and Credit Clause Official documents from one state are valid in all states Privileges and Immunities Clause States can’t favor its citizens over those from other states Extradition
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Bill of Rights 1) Freedom of Speech, Press, Petition, Assembly, Religion 2) Right to Bear Arms 3) No Quartering of Troops 4) No unlawful searches and seizures 5) No Double-jeopardy, self-incrimination, no taking property without due process 6) Attorney, quick and public jury trial, confront witnesses 7) Jury trial in civil cases 8) No Cruel or Unusual Punishment 9) Rights aren’t denied just b/c they’re not listed 10) Reserved Powers belong to the States
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Court Cases to Know Marbury v. Madison McCulloch v. Maryland Gibbons v. Ogden Heart of Atlanta Motel v. US US v. Lopez Printz v. US
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