POSI 2310 Chapter 2
POSI 2310 Chapter 2 2310
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This 5 page Class Notes was uploaded by Marissa on Thursday September 3, 2015. The Class Notes belongs to 2310 at Texas State University taught by Joshua Quinn in Summer 2015. Since its upload, it has received 18 views. For similar materials see Principles of American Government in Political Science at Texas State University.
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Date Created: 09/03/15
Chapter 2 Constitutional Democracy Promoting Liberty and SelfGovernment 0 Constitution a body of fundamental principlesprecedents a state acknowledges to be governed by 0 Takes everything we want the government to abide by I Before the Constitution Colonial and Revolutionary Experiences a Before the Constitution Colonial experiences with democratic institutions English parliament and colonial charters 1 English parliament not citizen legislatures run by elites 2 Colonial charters included rights of Englishmen 3 Independent from monarchy could pass laws The quotrights of Englishmen including trial byjury Repeal of Stamp Act tax on colonial newspapers and document 1 17541763 French amp Indian War England was in debt so it put taxes on products Enactment of Townsend Act tax on tea glass paper lead 1 December 1773 Boston Tea Party First Continental Congress 1774 asks for 3 things 1 Global control over taxes 2 End to the occupation of British troops 3 Guarantee of trial by local jury a King George declines these conditions b Declaration of Independence A call to revolution liberty equality individual rights selfgovernment lawful powers 1 Idealistic issues that colonists had Philosophy ofJohn Locke 1 Inalienable natural rights life liberty and property 2 Social contract government has responsibility to preserve rights a Government is obligated to respect these rights b Agree to live together and submit to the government in exchange for protection c People have the right to rebel Thomas Jefferson 1 quotLife liberty and the pursuit of happiness 2 quotall men are created equal 3 Just powers derive from the consent of the governed a Government has powers because we consent to let them c Articles of Confederation Adopted during the Revolutionary War 1 Hadn t won yet but would have documentation to lead the new nation and prepare them if they did Created weak national government 1 On purpose didn t want strong government like monarchy States retained quotsovereignty freedom and independence Prohibited Congress from interfering in states commerce policies Prohibited Congress from taxation Needed unanimous consent of states to approve amendments 1 Every state had a voice d A nation dissolving i Raised fears about the weakness of the national government 1 Too many limits 2 1785 only 9 years later ii Weakened congress nation dissolving 1 Couldn t regulate policies iii Farmers led by Daniel Shays formed armed rebellion to prevent foreclosures on their land 1 Bank owners have to hire private security to stop the farmers iv Congress unable to raise army to quell rebellion 1 Hadn t paid the veterans from the Revolution couldn t tax to raise funds v Motivated Congress to authorize a convention in Philadelphia to revise Articles of Confederation 1 Sole and express purpose of revising the Articles Negotiating toward a Constitution a The Great Compromise a twochamber Congress i Virginia largestate Plan 1 Representation based on population number 2 Greater power to larger states ii New Jersey smallstate Plan 1 Each state would have one vote 2 Equal power to large and small states iii Great Compromise twochamber Congress 1 House of Representatives proportional representation 2 Senate equal representation a Big development in history of government b The ThreeFifths Compromise issues of slavery and trade i Congress agreed not to tax exports only imports 1 Buy local ii Congress agreed not to outlaw slavery 1 Agricultural states had large populations of slaves didn t want them to be free iii ThreeFifths Compromise threefifths of enslaved population counted for apportionment of taxes and political representation c A strategy for ratification i Constitution submitted directly to the states 1 Voluntary unification of states ii Need the approval of at least 9 states 1 Needed approval of all those thatjoined 2 North Carolina Rhode Island last to ratify iii Federalists proponents of the Constitution 1 Want strong federal government iv AntiFederalists against a strong national government d The ratification debate i AntiFederalists raised arguments that still echo in American politics 1 National government would be too powerful 2 State selfgovernment and personal liberty at risk 3 Federal government seemed as distant as the idea of a king to some people 4 States were asked to suspend the rights of taxation spending and military to the federal level ii The Federalist Papers Alexander Hamilton James Madison John Jay 1 Trying to convince people to adopt the document e The framers goals i Government strong enough to meet the country s needs ii Government not threatening existence of the separate states 1 Federalism division of power between states in a federal government iii Government no threatening liberty 1 Limited power iv Government based on popular consent 1 Gave people a voice v Last 2 points set our government apart from other government s at the time I Protecting Liberty Limited Government a Grants and denials of power i Grants 1 Enumerated powers a Doctrine of express powers if power not in Constitution government doesn t have it 2 Limit government by stating specific powers in the Constitution 3 Total of 17 powers a Examples tax regulate commerce patents establish courts declare war raise an army maintain a navy call a militia power of Washington DC etc ii Denials 1 Limit government by stating specific prohibitions in the Constitution a Habeas corpus can t hold you in jail without a trial b No postfacto laws if government makes a law they can t hold you responsible for it in the time before it was made 2 Constitution difficult to amend a Necessary and proper clause government has power to make all laws that are proper and necessary to carry out their powers listed above b Using power to offset power i Montesquieu s concept of separation of powers ii Madison s Federalist No 10 and the problem of overbearing majorities 1 Factions a group with an interest contrary to the whole iii The framers special contribution 1 Separate but overlapping powers a Difficult for faction to gain control of one institution c Separated institutions sharing power checks and balances i Separation of powers divide powers of government ii Shared institutions checks and balances 1 Shared legislative powers Congress checked by president Supreme Court a President can veto recommend legislation call special sessions b Courts interpret legal cases in legislation 2 Shared executive powers president checked by Congress Supreme Court a Senate approves treaties and appointments can impeach the president creates laws and budgets money b Court looks at cases of presidential action 3 Shared judicial powers courts checked by president Congress a President appoints justices to courts can pardon people or convict them b Senate confirms the president s appointments d Bill of Rights i First 10 amendments to Constitution 1 Protection from governmental action ii Protects rights of citizens 1 Freedom of speech 2 Freedom of assembly 3 Trial byjury of peers and legal counsel 4 Freedom of religion iii Limits power of government e Judicial Review i Courts determine if governmental institution is acting within its constitutional powers 1 Right of courts to say a law is unvalid ii Established by ChiefJustice John Marshall in Marbury v Madison 1803 IV Providing for Representative Government a Democracy versus republic i Framers feared the overbearing power of the majority in a democracy ii Framers preferred the concept of a republic where people rule through elected representatives iii Majority rule in republic limited to protect minority rights b Limited popular rule i People participate indirectly in the process of government through election of officials ii Indirect election of president through Electoral College iii Indirect initially election of senators iv Federal judiciary appointed not elected c Altering the Constitution more power to the people i Jeffersonian democracy 1 Government belonged to all not just the elite 2 Didn t want elected officials to lose touch with the people ii Jacksonian democracy 1 States give electoral votes to winner of the popular vote 2 Cemented what was put forth by Jeffersonian democracy iii The Progressives 1 Direct election of senators referendums and initiatives 2 Elected officials as delegates carry out wishes of the voters 3 Weaken the hold of big businesses and political party bosses on the political system 4 Push to give more power to the people V Constitutional Democracy Today a Constitutional power gained through elections to be exercised in accordance with law and with due respect for individual rights i Rules written down and everyone has to follow them b Democratic provides for majority influence via elections c Republic mix of deliberative institutions each of which moderates the power of the others
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