Ideals & Types of Democracy
The people in sovereign states elect the leaders who will make and execute laws for a limited time.
What is Republicanism?
Stated that every 3 out of 5 slaves would count towards the state representative population.
Congress also cannot regulate slave trade and states must return fugitives.
What was the 3/5 Compromise?
The sharing of powers between the national and state government.
What is federalism?
Freedom of speech to express ideas without government restriction and freedom, or not practice, a religion.
What is Amendment 1?
The Elastic Clause in Article I Section 8 stated that Congress can extend their power by making laws. Another is the Supremacy Clause in Article VI stating that federal law always trumps the state law; the passing of the Bill of Rights convince the Anti-federalists to agree this clause.
What two important clauses were made in the Constitution of the United States?
Theory from Jean-Jacques Rousseau that the people need to be willing to surrender certain rights to the government to protect natural rights.
The Virgin Plan wanted the government to be reflected based on state population while the New Jersey Plan wanted states to be equally represented.
This led to a Bi-cameral Legislature consisting of the Senate, where each state had 2 senators, and the House of Representatives, where the amount of representatives were based on state population.
What are the two plans in the Great Compromise?
This case favored the federal power and how national law wins over against state laws.
Chief Justice John Marshall argued that the Second national bank of the United State was constitutional on the account of the Necessary and Proper Clause in Article I Section 8 because the bank would support war & commerce - which were explicit powers for Congress.
Which power did the McCulloch v. Maryland 1819 case favor and why?
Police needs a reasonable warrant for a search or seizure.
The Exclusionary Rule states that evidence found in unwarranted seizure may not be used.
What is Amendment 4?
The state had supreme power through it's one branch, Legislative, where each state was equally represented of one vote.
Due to the weakness of this document, leaders met at the Constitutional Convention in 1787 to write an important major document that stands today.
Who had the most power in the Articles of Confederation and what was the result of it?
His theory of Natural Laws is reference in the Preamble of the Declaration of Independence that Americans are "endowed by their Creator with certain unalienable rights".
What was John Locke's theory?
The use of this substance is starting to legalizing in many states, but not all, so still considered a federal crime which has created confusion.
How is Marijuana a Federalism conflict?
Addresses national issues with free federal dollars.
Grant-in-Aid Programs ("Power of the Purse")
What is Federal Grant?
What is Amendment 10?
Madison said that factions were a threat to liberty and to stop factions from forming, a republican government was needed as the population and diversity was greater in the US, it will dilute the power of factions.
What was the argument in Federalist No. 10?
Type of democracy where people have their own opinion and form Interest Groups to influence policy and decision making in the government.
What is Pluralist democracy?
Either 2/3 by Congress vote or 3/4 Legislatures vote to approve.
What are two ways to pass an Amendment?
This case favor the state and exemplified federalism.
Congress argument that commerce and gun violence is weak and that gun regulation in school is power specifically to the state.
Which power did the United States v. Lopez 1995 case favor and why?
Protects the accused by guaranteeing a speedy and public trial with impartial judges.
What is Amendment 6?
This gave Congress the power to regulate trade between states and set tariffs on imports but not exports.
In the Progressive Age, Congress was given power on health, safety, and crime (like not trading goods with another state if goods were produced by a child).
What is the Commerce Clause and how was it expanded?
What is Dual Federalism?
Natural rights are retain, even if not written in the Constitution, to the people (like who to marry).
What is Amendment 9?
A paper written by Anti-Federalists stating the federal government would have too much power under the Supremacy Clause and the Necessary and Proper Clause. A Confederated government is what's best for the US.
Which group wrote Brutus No. 1 and what did they argue?