C963-Unit 2

Major Contributors to Social Contract Theory

Hobbes, Locke, Reasseau

Natural Rights

Life, Liberty, and Property

State of Nature

The basis of natural rights philosophy; a state of nature is the condition of people living in a situation without man-made government, rules, or laws.

Sovereignty

Ability of a state to govern its territory free from control of its internal affairs by other states.

Consensual Political Rule

It's a government to which the People consent.

Areas of the Constitution that were influenced by the Enlightenment

* Separation of powers* Control of popular will

Areas of the Bill of Rights that were influenced by the Enlightenment

* Due process* Natural rights

Areas of the Declaration of Independence that were influenced by the Enlightenment

* The Preamble* Government created for the people by the people

Primary Goals of the Articles of Confederation

* Common Defense* Security of their Liberties* Mutual and General Welfare

Structure of Government under the Articles of Confederation

Each State had it's own government. Federal Government had no real power.

Powers of Government under the Articles of Confederation

* The Power to Borrow and Coin Money * The Power to Declare War * The Power to Make Treaties and Alliances with Other Nations * The Power to Regulate Trade with the Native Americans* The Power to Settle Disputes among Other States

Weaknesses of the Articles of Confederations

* Congress had no real power* No ability to enforces laws* National government was left both too ineffective and too inefficient to function. * No president or chief executive* No people or persons in charge of enforcing the laws* The power of the states tremendously outweighed the power of the national government

Bicameral Legislature

A law making body made of two houses (bi means 2). Example: Congress (our legislature) is made of two house - The House of Representatives and The Senate.

New Jersey Plan (1787)

* "Small-state plan" * equal representation by state, regardless of population* unicameral legislature* non-proportional system* Limited National Government

Virginia Plan

* "Large state" proposal * bicameral legislature* lower chamber would be elected by popular vote * Proportional system* Strong National Government

Major Compromises of the Constitutional Convention

Representation, Slavery, Election of President

Great Compromise (Connecticut Compromise)

* Combine areas of the NJ & VA plans* Senate would have equal number of representatives from each state* House of Representatives would have a number proportional to a state's population

Three-Fifths Compromise

Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment)

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Federalist's views on the scope and powers of the government

Strong central government with power to collect taxes to build a strong economy and military.

Anti-Federalist's views on the scope and powers of the government

limited federal government leaving the states to govern themselves. Feared Federal government taking over.

Reasons for and against ratifying the Constitution

...

Federalist #10

By James Madison, says how to guard against factions, special interest groups, by extending the sphere and making sure nobody gets too much power

Federalist #51

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Legislative Branch

Makes laws

Judicial Branch

Branch of government that decides if laws are carried out fairly.Create courts

Executive Branch

Enforces lawsVeto Power