Test 1 Material
Test 1 Material Pols 201 002
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This 6 page Class Notes was uploaded by Cece Hodge on Friday September 18, 2015. The Class Notes belongs to Pols 201 002 at Louisiana Tech University taught by Dr. Laura Fleming in Summer 2015. Since its upload, it has received 69 views.
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Date Created: 09/18/15
9151791715 91515 Will go over John Locke and the Social Contract The Declaration of Independence the Articles of Confederation The Constitutional Convention Philosophers from the Age of Enlightenment last from late 1600s to late 1700s influenced American Founders Age of Enlightenment emphasized human reason over blind acceptance Group Question and answers Why do we have government to keep orderstructure safetypreserve society accomplish will of the people uphold justicesettle disputes regulate infrastructurecommercecurrencyforeign affairs Dr Locke performed thought experiment started with State of Nature Good and bad news relating to State of Nature Good In the State of Nature people are free and equal The state of nature is governed by natural law which says Do Not Harm Bad Who has the right to enforce natural law Everyone Problems No one to regulate severity of punishment of wrong doers potential to go overload and be biased Thus the state of Nature is unsafe and uncertain According to Dr John Locke the solution to the state of nature is government In the Democratic government people trade of their liberty for security You trade your right to enforce natural law People will consent to government for their own good You accept the will of the majority or that the majority of the people decide for all even if they disagree Your remaining freedoms are safer and more secure But beware of the Poison Apple lt a government that is too involved and controlling Is the security genuine Group question When did you trade liberty for security When have you traded security for Hbeny When the government conducts warrantless electronic surveillance we trade our liberty for security After 911 the NSA National Security Administration conducted warrantless electronic surveillance of suspected terrorists The program has been successful in detecting and preventing attacking in the US John Locke amp other enlightenment philosophers heavily influenced the American Founders The Founders were in a State of Nature The Declaration of Independence state people are inherently free and equal Also asserts that good government comes by consent 9151791715 How do you define Freedom Perspicuity requires the careful definition of terms but There is no word that admits of more various significations than that of liberty Freedom freedom of religion to do good occupation speech to bear arms to vote Equality Equal opportunity unbiased court system Different Versions of Freedom and Equality Positive of Freedom More involved Gov t Government Aid Health care Negative of Freedom More restricted Gov t government absence Freedom from Interference Positive of Equality Equal Opportunity helps certain disadvantaged groups Negatives of Equality Equality before the law treats everyone the same Group Question Can you tell which views were held by founders Answer They were majorly the negative views Correct The Founders had been a part of a controlling government and were trying to get away from that so they believed a government should be more involved that it needs to be They wanted the people to have their own freedoms The Founders first attempted National Government through the Articles of Confederation 1777 in Philadelphia PA League of Friendship between states and national government Each state was still sovereign amp independent There was a Congress but no President or Supreme Court Each state was responsible for tax money and troops when in war although they had the right to decline to provide either or both Articles of the Confederation was not strong enough Great Britain was still in the Midwest and Canada Spain was in Florida California and the Mississippi River Valley American merchant ships were being attacked by Barbary Pirates after being protected by Great Britain s navy for so long Many states were in debt Poor framers were in need of relief from debt and high taxes Captain Daniel Shays led an attack on the Massachusetts federal armory and court houses Eventually Shays Rebellion was put down but not before the four casualties Founders believed radical change was needed a constitution The Federalisfs Papers points out flaws in the Articles of Confederation and the thirteen governments It claims that the nation needs a more energetic government 3 23 and that The Articles of Confederation made us a humiliation 4 15 Federal preference of national government over smaller sovereign governments There was great argument over which shall be used federal or sovereign Patrick Henry was a vocal antifederalist whose famous for his speech ending in Give be liberty or give me death He argued with points such as that the Articles of Confederation obviously worked because it won a war or that he questioned the idea of having a great splendid or powerful government He just wanted to be free He argued that the new government is complicated and intricate and that it will be unknown as to how it functions 9151791715 In 1787 the Constitutional Convention was held in PA Rewritereplace the Articles of Confederation James Madison father of constitution from virginia delegate It took four months to agree on a Constitution but it was not yet ratified Sought balance tradeoff of liberty amp security 91715 Unique Features of the US Constitution Our government is representative and an indirect democracy People choose who make the decisions direct democracy is not practical for large countries Our government practices the separation of powers this includes the executive branch the legislative branch and the judicial branch Our government is a government of federalism The states did not agree on how the representation should work This led to the Great Compromise Ended with a twohouse congress consisting of the Senate and the House of Representatives The Sentate is composed of 100 representatives two for each state The House of Representatives is composed of 435 members each state s amount of members is dictated by state population Ever 5 years census is taken and this can either decrease or increase the size of the House Why was this compromise necessary The Constitution contains a compromise on issue of representatives and slaver Many countries throughout time practices slavery in the New World European colonists relied on slavery for economic reasons Americans began to challenge the idea due to democratic thoughts and religious beliefs Times were changing but had not changed yet The 35 Compromise means that 5 slaves 3 white men Article 1 2 the south wanted to count 100 of the slaves for representative reasons but 0 of the slaves for taxes the north wanted to count 0 of the slaves for representative reasons but 100 of slaves for taxes Did the 35 compromise encourage or discourage slavery Branches of government Legislative Branch Congress makes laws Article I Judicial Supreme Court interprets laws Article III Executive Branch President enforces laws Article II Seperation of Powers prevents abuse of Power 9151791715 Montesquieu was a French lawyer and Enlightenment philosopher Quote Constant experience shoes us that every man invested with power is apt to use it To prevent this abuse it is necessary that power should be a check to power The Founders agreed with Montesquieu and even quoted him F 51 Ambition must be made to counteract ambition ln framing a government with is to be administered by men not angels over men The Constitution is obsessed with Separation of Powers or structural protections pg 43 in text checks and balances or Execxmve gm wx quotgt5 Le term Noticed g 4 339quot 9 mm 123m gem damp laws Wesaid lm W r Jf pctsggcl m when r r with 44 c l News canva gr Qgtatwo mm muonshuman Powers must be separated by more than just parchment barriers Checks and Balances are good for the government but it keeps it from getting involved like the people want We have both national and state government states were originally sovereign and independent the supremacy clause article 6 makes the national government supreme over state government but national power IS limited GQ Do you trust your national or state government more Most raised their hand for state 4 9151791715 The national government has enumerated amp limited powers under te constitution Congress Can tax regulate interstate commerce coin money define citizenship declare war Article 1 8 CanNOT spend without appropriations bill grant titles of nobility Article 1 9 States CanNOT make treaties coin money Article 1 10 State governments sometimes clash with national federal government the federal Controlled Substances Act bans marijuana as a controlled substance 1970 As of June 2015 23 states almost half of the US have legalized marijuana in some form or fashion In 2014 Supreme Court held that the federal law on marijuana is supreme Federal agents have policy against enforcement in states where it is legal Hundreds of thousands of immigrants illegally move into Arizona each year The Federal Government does a poor job of enforcing boarder of Mexico 2010 Arizona passed its own immigration laws 2012 Supreme Court challenged these laws and held that they were unconstitutional Separation of power helps prevent abuse of power if they try to get too powerful riots will ensue F 46 Today states are financially dependent on federal government fiscal federalism federal collects taxes and gives back some to each state programs include grants for welfare subsidies amp military efforts over 42 of LA s revenue from feds Final Protection of our freedom is you Federalist Papers 29 quote fighting is last resort dont insult the free and gallant citizens of america On Test Constitution had to be ratified by at least 9 states rhode island being the w process lasted from 17871790 Bill of Rights was a condition Amendments for Constitution 23 of both houses needed for amendments 34 to ratify 9151791715 First 10 amendments are Bill of Rights was said it was unnecessary and pointless federalists demanded written protection and was necessary to ratify
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