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GOV Unit 1, Appointed by Pres., confirmed by Senate, Constitution -…

- - - - Foreshadows Bill of Rights
  - - - Had more democratic effect in American colonies where 90% of white males owned property, as opposed to 10% in England
      - Those who don't own property have no investment in society -> no incentive to protect property rights
      - Locke believed the gov. should incentivize owning property
- - - - Need: virtue, and public education to teach it
      - Goal: equality of opportunity (not outcome), meritocracy
      - Limitations of Republican gov't (where Montesquieu goes wrong)
        
        Only works in cold climates
        
        Only works in small geographic areas
        
        Too much popular involvement will lead to excess democracy
    - - Moderate inequality, no social mobility
      - Needs virtue in monarchy and aristocracy only
    - - The top has all the power, no chance at anyone else having any
      - Need: scare people into submission
  - - - prevents any one branch from being too strong
      - Legislative: Drafts laws, represents the people, based on, reason, bi-cameral
        
        bi-cameral=internal check/balance
      - Executive: Enforces law w/ military
        
        Should have a monarch, but out of view of public eye
      - Judiciary: decides what to do abt rule breakers
        
        Judiciary should be separate to judge without bias
- - - - But annoyed by taxation without representation
      - Salutary Neglect
      - Annoyed by unwritten constitution
  - - - Sovereignty rests with the states - if one state becomes tyrannical, people can move to another state
    - - Articles of Confederation: a very weak gov, attempt at gov with little power, ultimately a failure
        
        Gov could not raise $ or coin $ or raise an army, could not enforce laws, nothing got passed etc.
        
        States can't handle nat'l law or foreign policy and brought themselves nearly to war
        
        No national level economy led to turmoil and reduction of state's dollars
        
        Unanimous for an amendment or 2/3 vote needed to pass federal laws -> stuff couldn't get passed
        
        Relied on State Governors to enforce the law -> laws didn't get enforced
      - Federalism - division of power between state and federal gov't
      - Separation of powers - each branch does different things
      - Checks and balances - each of the 3 branches has ways to stop the others from becoming too powerful
- - - - eliminate the "free rider principle"
    - - promote commerce
        
        Roads, canals, infrastructure
        
        Currency
      - defence, protection of property
        
        police, military
      - judicial system
        
        courts of law
      - public education - but only basic literacy and arithmetic
        
        (Public education left up to the states)
        
        The Preamble
        
        "promote the General Welfare"
        
        "ensure Domestic Tranquility"
        
        "provide for the Common defence"
        
        "establish justice"
  - - - "What rights the states give to the Federal gov"
      - Commerce: The Federal Gov can do $$$ things like roads/canals
      - Military: the Federal gov has a standing army
      - Judicial: Federal judges
      - Taxes
- - - - freedom of religion
        
        Madison promises Bill of Rights
      - property rights
      - freedoms of speech and the press
      - freedom from corruption
- - - - Modern day examples:
        
        political parties
        
        interest groups (ex. NRA)
        
        PACs (political action committees)
      - People in Republican gov'ts naturally form factions
      - Factions, divided by how people make money, will check and balance each other
        
        Propertied classes will divide into more factions than everyone else
        
        Therefore, those without property shouldn't have a vote; otherwise would be too powerful
      - The most dangerous faction is a majority; gov't can protect the rights of the minority through:
        
        Separation of Powers, Checks and Balances
        
        Bi-cameral legislature
        
        Federalism
      - The larger the area, the greater number of factions
        
        Therefore, Republicanism actually works better in large areas
  - - - House represents people, Senate represents states
      - All revenue/tax bills start in House
      - House decides President if no candidate gets a majority of electoral college votes
      - Senators are experts, specialists - vote on treaties negotiated by President
- - - - English Civil War - 3 battles, lots of ruler turnover, 4.5% of brits died
        
        Parliament won and made Oliver Cromwell "Lord Protectorate" (basically a king)
        
        Battles between Charles I and Parliament
    - - Competition - personal gain
      - Diffidence - people worried others will attack, so they attack first
      - Glory - personal reputation
    - - Sovereign will protect the people
      - Hobbes Social Contract: Sacrifice Liberty → Strong Soverign makes rules → Sov. Enforces rules → PPL Listen → PPL Obey Ruler → New Liberty → Commonwealth/Community
- - - - Everyone there except Rhode Island
    - - Federalists - support creating a Constitution
        
        James Madison's "Virginia Plan"
        
        Representatives are 100% based on pop.
      - Anti-Federalists - wanted to keep smaller gov't
        
        "New Jersey Plan"
        
        Each state represented equally
        
        Supported by small states
    - - Taxation and representation (took a majority of the time)
        
        Decision - the only bodies that can legally issue a tax are those elected by the people
        
        Respect "no taxation without representation"
      - Federal Executive
        
        Someone to enforce law
        
        Didn't want monarch
      - Powers delegated to the federal gov't
        
        AoC: not much, not even tax
        
        Article I, Section 8 - ENUMERATED / DELEGATED POWERS - all federal laws must be rooted in one of these; those not listed are left to the states
        
        Promote interstate and international commerce (trade)
        
        Coin money
        
        Roads, canals
        
        Necessary and proper clause/ elastic clause
        
        Stretched to allow laws to pass
        
        Raise a military / defence
        
        Create court systems
      - Federal judiciary
        
        Lifetime terms - Impartiality since not worried about re-elections
        
        Supreme Court
        
        Presides over Lower Federal Courts
        
        Congress creates structure
        
        Includes # of seats on the bench
      - Process of Ratification
        
        12/13 states were present and each must have a ratifying convention that selects it's delegates
        
        9/13 had to vote yes to ratify
      - How the president should be selected
        
        Franklin's College of Electors - model off of Pope selection process - need unanimous agreement among electors
        
        Final: the states determine the process by which they select their respective electors
        
        All 13 states chose to have their state legislators appoint electors
        
        Final: each state gets a # of electors = # of reps + senators
        
        Direct election not popular
      - President term length
        
        Final: 4 yrs, unlimited re-elections
        
        Hamilton wanted lifetime rule: "Polish King"
  - - - Slaves were counted as 3/5 a person for counting