Exam 1

• the division of powers between state and national governments

The federal system was a compromise in the Constitutional Convention for those who were advocates of a strong national government and the state rights advocates.

Power and the legitimate authority to use it

• steamboat case/Hudson River • ruled in favor of Gibbons, gave only congress/fed the ability to regulate interstate commerce • was decided by Marshall • Issues… • The first issue was how the term commerce should be defined • The second issue was whether the national government’s power to regulate interstate commerce extended to commerce within estate (intrastate commerce), or was limited strictly to commerce among the states (interstate commerce) • The third issue was whether the power to regulate interstate commerce was a concurrent power or an exclusive national power

• Bank Of US - 1st experiment with privatization • State can not tax feds • Enforced doctrine of national supremacy

• Starts with the disputed election of 1800 (Jefferson vs Adams ) • John Marshall (Sec. Of State, them chief Justice SCOTUS) • Power of judicial review (see federalist papers) Conflict of interest by marshall • SCOTUS overturned Judiciary Act of 1789 • created checks and balances/separation of powers

• Doctrine of “Domestic Dependent Nations” • EST. Tribal sovereignty under national government • Georgia’s vigilante-ism • Andrew Jackson’s failure to enforce

Trail of tears/Indian wars/ethnic cleansing (along with slavery) demonstrate that separation of powers and federalism don’t necessarily protect people as intended*

• John Marshall (Sec. Of State, them chief Justice SCOTUS) • advocated for a strong central government • decided the McCulloch vs md and gibbons vs Ogden

Main writer of Declaration of Independence

Main writer of Constitution * and established the madisonian model in which powers of gov are separated into 3 branches

An agreement between people and government

• the authority to legislate for the protection of the health, morals, safety, and welfare of the people • gives states the right to pass laws governing activities such as crimes, marriage, contracts, education, intrastate transportation, and land use • this power is reserved to the states

• the power of the Supreme Court or any court to examine and possibly declare unconstitutional federal or state law and other acts of gov • established by John Marshall in Marbury vs Madison

• interpreting the meaning of law • applying law to individual cases • deciding if law violates the constitution • is held by the supereme court

• All individuals were free & equal in the state of nature • State of nature was warlike: “life was rude, brutish, and short” • Order in the form of a single ruler (tierany) was needed to protect life and liberty

• people must give their consent to be governed • government must protect “life, liberty, pursuit of property” • gov must also ensure justice • if gov fails to carry out its functions or abuses its power, the contract is broken

• Maintain order • through laws • through the justice system (local government, like the police, county sheriff) • Regulate the economy • counties encourage jobs, income • the state regulates the economy through tax codes • the federal government regulates the macroeconomic (congress and federal reserve) • the government (president) is blamed when the economy isn’t doing well • Build and maintain infrastructure* • update roads, bridges, schools, hospitals, airports, military bases, and public utilities • usually governments job • Provide benefits and services • Insurance, financial aid, retirement, etc • Most benefits go to older americans

• Articles 1 (longest) ,2, 3 (shortest, about judiciary) • Federalist papers (written by James Madison, Alexander Hamilton, and John Jay) • Marbury vs Madison*

Bicameral (two chamber) legislature - a legislature made up of two parts, called chambers. the U.S Congress, composed of the HOR and the Senate, is a bicameral legislature

elections where only some of the places in an elected body are up for election at the same time. For example, United States senators have a six-year term, but they are not all elected at the same time. Rather, elections are held every two years for one-third of Senate seats.

• women denied right to vote • slavery reataines: slaves counted as 3/5 of a person • only people with property could vote • electoral college Staggered terms

• each of the 13 states retained their sovereignty • congress held most of the central government’s power • unable to tax, pay army, regulate economy effectively • PA & VA went to war; Shay’s rebellion

• written by James Madison, Alexander Hamilton, and John Jay • urged the ratification of the US Constitution