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of personal liberties reflected in a larger republic like the United States FEDERALIST NO. 10 Argued that with so many competing factions in a large republic, liberty would be upheld by their competition Pluralist democracy FEDERALIST NO. 10 Madison concerned about mischief of factions in a republic Factions: groups of people who believe their interests are more important than any other interest Madison presented two solutions to the issue of factions 1) Take away the causes of factions 2) Try to manage their effects He says that if we go w/ solution 1 to remove the causes of factions, that is terrible option because that will necessarily destroy liberty • Argued double protection against the tyranny of factions 1) Separation of powers in the federal government 2) sharing of power between the federal and state governments BRUTUS NO. 1 Argued about the dangers of a large, centralized government • Argued a large, centralized government could not adequately represent the views of the people because it would be largely separated from them PROBLEMS W/ THE ARTICLES OF CONFEDERATION • Only one branch of the federal government(Congress/legislative) No president and no federal court Congress had no power to raise revenue through taxes Congress had no power to raise an army GREAT COMPROMISE A compromise on how the people would be represented in the new Congress VIRGINIA PLAN • Congressional representatives should be apportioned by population • Big states would have more representatives and thus more power NEW JERSEY PLAN Each state should be represented equally with one vote per state Small states have a disproportionate amount of power BICAMERAL CONGRESS HOUSE OF REPRESENTATIVES People represented by population SENATE Two votes per state ELECTORAL COLLEGE Each state is given the number of electors that corresponds to the number of congressional representatives they have in the House State legislatures have all the power to decide who those people are THREE-FIFTHS COMPROMISE Three-fifths of the enslaved population would count towards representation CHECKS EXECUTIVE BRANCH • Responsible for executing and enforcing the laws The agencies run by the executive branch can be accessed by average citizens JUDICIAL BRANCH Determines the constitutionality of laws Stakeholders can use the court system to challenges unjust and unconstitutional laws, as well as appeal wrongful convictions ADVICE AND CONSENT A checking power of the Senate Any appointments that the president makes to the presidential cabinet, the Supreme Court, or any other federal offices has to be approved by the Senate JUDICIAL REVIEW A checking power of the Judicial branch It's the courts prerogative to judge the laws passed by Congress and signed by the President on the merits of their constitutionality VETO A checking power of the executive branch If congress passes a law the president doesn't like, the president can veto it and the law becomes null and void Congress can override the veto with a ¾ vote ARTICLE V Two stage process to amend the Constitution - proposal ratification An amendment can be proposed either by Congress or by the states at a special convention 23 vote is needed to become official Amendment is sent to the states for ratification 34 of state legislatures or state ratifying conventions need to agree if they do, the amendment becomes a law FEDERALISM The sharing of power between national and state governments TYPES OF FEDERAL AND STATE POWERS EXCLUSIVE • Specifically delegated by the Constitution to the federal government • Example: only Congress can make treaties w/ other sovereign nations RESERVED Kept by the states • Explained in the 10th Amendment Example: Police powers, hospitals, education, etc. CONCURRENT Shared by both federal and state Example: income tax GRANTS FISCAL FEDERALISM 1) Categorical grants - Given to states as long as the states comply with specific federal standards 2) Block grants - Given to states for a relatively broad purpose and the states can spend that money as they see fit MANDATES Require states to follow federal directives, but often complying w/ these directives is above a states budget capacity The federal government sets the rules and then provides money to help those states comply UNFUNDED MANDATES The federal government issues a mandate a provides no funding to help the states achieve it These were largely struck down during the "devolution revolution" in the 1980s under Pres. Reagan, who championed the term “devolution” DEVOLUTION Return of power to the states away from the federal government THE BALANCE OF POWER TENTH AMENDMENT Lays down the basis for reserved powers(powers kept by the states) FOURTEENTH AMENDMENT Applies the Bill of Rights(first 10 amendments) to the states Empowers the federal government to make sure citizens' liberties are also upheld by the states COMMERCE CLAUSE Allows Congress to regulate commerce among the states NECESSARY AND PROPER CLAUSE AKA the Elastic Clause grants Congress the authority to create policies even in areas that are not explicitly mentioned by its enumerated powers and areas of authority. MCCULLOCH V. MARYLAND Supreme Court ruled that the necessary and proper clause implied certain powers given to the federal government even if they were not explicitly mentioned in the Constitution • Supreme Court argued that the supremacy clause in the Constitution meant that when the two conflict, federal law trumps state law UNITED STATES V. LOPEZ Congress had used the commerce clause to ban guns on school property, the Court decided that carrying guns to school is in no way related to interstate commerce • Supreme Court ruled that Congress had overstepped its bounds into state authority, thus providing a win for state power