federal bill of rights applies to the states,but when using, you must specifiy which right is being used
selective incorporation
- national govt has too much power
- representatives could never truly represent the people
- standing army could diminish liberty
- anti-federalist
- too many people to be goverened- clash of opinions
- against superioriity and elastic clause, believing it will lead to tyranny
- believes in weak central govt
brutus no. 1
- james madison argues that the separation of powers would prevent factions from taking control of the govt
- the govt would be more efficient with checks and balances as each has specific responsibilities
- govt is necessary since men aren’t angels
- govt needs to depend on the people
federalist no. 51
- hamilton argues that the executive branch should consist of a single president who isn’t quickly influenced by other opinions especially in warfare/national security
- wants term limits to check executive power (very against british monarchy)
federalist 70
- james madison addresses dangers of factionalism
- a large republic ensures that there will be multiple factions to influence the govt with so minority factions aren’t left out/one faction does not take control (leading to supression of opinion)
- wants direct democracy
- ## wants a group of representatives chosen by the people rather than the people themselves (for voting, etc)
federalist no. 10
- hamilton addresses anti feds when they said judicial has the least amunt of power
- gives them judicial review as as a check to legislative
- judicial courts super important to the constitution as they deem things constitutional or not
federalist 78
maryland wanted to tax national bank, mccollough ran it for maryland(?) and said no, court determined that a state cannot tax a national bank, used supremacy clause and stated that the govt has both enumerated and implied powers therefore they can have a bank
mccollough vs maryland
political groups with different ways of thinking
factions
govt says you have to do something but doesn’t give you money
mandate
govt gives states money and tells them where to spend it
categoral grants
money just given to the state and there’s no specific reason as to why they can spend it on anything
block grants
there will be factions and that’s a good thing because there’ll be unions that can compete for the govt attention and make sure the govt is appropriately representing the people
pluralist theory
govt tries to please the people directly but this is impossible because trying to please everyone pleases no one (cardigan theory)
hyperpluralist/cardigan theory
money solves everything/holds the most power in govt
elitism
us was in sebt so veterans had to pay govt although THEY were the ones who were supposed to be financially reinbursed and they were like bro we just fought a war no so they raided gun shops and artillery and caused a violent uprising that had to be stopped by a massachusetts militia
shay’s rebellion
transacting or transportation of products, services, or money across state borders.
interstate commerce
transportation activities that occur entirely within one state’s border for the transportation of goods.
intrastate commerce
-levying/collecting taxes
-building roads
- opening courts of law
- establish courts
- charterink banks and corporations
- “eminent domain”
- paying debt and borrowing money
concurrent powers
- proposal/ratificatoin must be introduced to both houses of congreress and approved with 2/3rds majority
- passed on to the 50 states, 3/4s must approve
- congress can also make states use a ratifying convention
- another way is that 2/3rds of state legislatuures can petition congress to hold a constitutional convention
ammendment process
- people cast their ballots in for president, the winner gets the electoral votes of that state (varies based on the population, ny has a lot but wisconsin has like 3)
- A candidate needs the vote of at least 270 electorsto win
- a projected winner is announced on election night in November after you vote. But the actual Electoral College vote takes place in mid-December when the electors meet in their states
election process
john locke- believes everyone was born good/neutral and that life, liberty and property are guaranteed by god
hobbes- people are born evil and need a strong govt to keep them in check
montesquieu- 3 branches of govt
rousseau- people born good, corrupted by society, govt can only be formed with consent of people andd they have the right to overthrow it (wrote the social contract)
voltaire- freedom of thought, speech, religion,and politics (hates power regime and nobility)
enlightenment philosophies
- printing money, regularing interstate and international trade, declaring war, making treaties and foreign policy, etc
delegated powers
- issuing liscneces
- regulate intrastate trade
- conducting elections
- maintaining a justice system
- maintaining a militia
- establishing local govt
reserved powers
