solution
Major contributors to social contract theory
Hobbes, Locke, Reasseau
Social Contract Theory
We need food, clothing and shelter to survive and nothing should interfere with our
ability to obtain them. We may also choose to believe in a god. The belief gives
definition to our existance. Therefore it is important we define ourselves as individuals.
Enlightenment Influence on Constitution
Bill of Rights and the Second Amendment, Ninth Amendment
Bill of Rights (Enlightenment)
The first eight Bill of Rights
Declaration of Independence (Enlightenment)
people have rights of life, liberty, and the pursuit of happiness
Articles of Confederation weaknesses
No executive, no judicial, no power to tax, no power to regulate trade
Articles of Confederation - Strengths
Provided direction for the Revolution, the ability to conduct diplomacy with Europe, and
deal with territorial issues and Native American relations.
New Jersey Plan
The proposal at the Constitutional Convention that called for equal representation of
each state in Congress regardless of the state's population.
Virginia Plan
Proposal to create a strong national government
Constitutional Convention
A meeting in Philadelphia in 1787 that produced a new constitution
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). Bicameral congress.
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
Federalists
A term used to describe supporters of the Constitution during ratification debates in
state legislatures.
Anti-Federalists
Opponents of the American Constitution at the time when the states were contemplating
its adoption.
Ratifying the Constitution
, Article VII, 9 out of 13 states had to agree, it was ratified at state conventions
Federalist #10 (factions)
Elites can never take over rule of the government due to too many factions.
Federalist #51 (Madison)
Separation of powers, checks and balances
Separations of Powers
The division of the federal government into three branches each with its own powers
Government Branches
Three sections of the US government: legislative, executive, and judicial. Each branch
has powers that restrict the other branches powers.
How are laws made and enforced using the separation of powers
Congress originates laws
Judicial branch reviews laws for constitutionality
Executive branch enforces laws
system of checks and balances
Constitutional system in which each branch of government places limits on the power of
other branches
Several checks the judicial branch has on the legislative and executive branches
Executive:
Can overturn actions of the president with judicial review if the actions violate the
Constitution
Serve during good behavior to maintain independence of judiciary
Legislative:
Can overturn acts of Congress as unconstitutional if they violate the law
Can influence laws by interpretation
Serve during good behavior to maintain independence of judiciary
Several checks the legislative branch has on the judicial and executive branches
Judicial:
Senate must approve judges and justices
Controls jurisdiction of the courts
Determines size of Supreme Court
House can impeach judges and Senate can remove them by two-thirds vote
Executive:
Can override a presidential veto by a two-thirds vote in both chambers
Must approve treaties by a two-thirds vote in the Senate