Supported the constitution, wanted a strong national government, unified in constituion
If it is written in the constitution it is the national governemnts power, Locke says it's necessary for executive powers to do something in the publics interest even if it's stretching a law Ex) domestic surveillance
the separation of powers
the division of governmental power among several institutions that must cooperate in decision making
checks and balances
the mechanisms through which each branch of government is able to participate in and influence the activities of the other branches
the Constiution as a living document
needs to evolve in time remain relevant 1. Amending constitution 2. original language is vague 3. empirical and normative view on the "living document" Murphy," If a constitution is going to survive it has to reflect the values of the current time.
Articles of Confederation
America's first written constiution. Adopted in 1777, it was the formal basis for America's national government until 1789, when they were supplanted by the constitution.
Congress- necessary and proper clause Executive powers: he shall take care that the laws are faithfully executed. Ex) McCulloch v maryland ruled that the national gov't had power to create a national bank. Removal pwer, senate has the power to approve people
War powers, power to appoint members of the counsel
president appoints positions diplomatic powers veto pwer Congress- many specific powers, impeachment, power of the Purse "the legislative has access to the pockets of the people"
Amending of the Consitution
2/3 votes in House and Senate Petitions of 2/3 of the states Slow and complicated process
necessary and proper clause
provides congress the authority to make all laws "necessary and proper" to carry them out, also referred to as the elastic clause
An agreement that gave each state equal number of senators regardless of its pop. but linked representation in the House oF Representatives to pop.
Majority Rule vs Minority Rule State vs National Power
The size principle
big factions are more dangerous than having a bunch of little factions
because legislative is unable to "forsee and so by the laws to provide all accidents and necessities" and they are too big and too slow, they must grant certain powers to the government, if it is written in the constitution it is the national governements powers
the "liberal tradition" in America
uses liberal as rights of individual, "negative liberty", doesn't mention race because blacks won't believe in the "government"
economic interpretation of the constitution
Beard believed that the founders wrote the constitution out of self-interest and gain their own self-economic gain
What were federalists afraid of?
Tyranny of the majority
What were antifederalists afraid of?
Tyranny of the minority
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