Study Notes - C963
What are the characteristics of a social contract
?? ○ Collective expression of share interest. ○ Specification of natural rights ○ Definition of human nature
In what way is state of nature important for constructing social contract
?? ○ Definition of what it means to be human. ○ Gives definition to natural rights.
Statements that define natural rights
?? ○ Impart equality of being among all people. ○ They let you do what you need to survive.
Why is it important to understand the quality of life in the state of nature
?? ○ It explains incentive for working cooperatively with others. ○ It helps frame the type of social contract that is needed to make individual life better
Statements that define state of nature
?? ○ Permits philosophical definition of human nature ○ It is a thought experiment upon which society and government are built.
When and where did the idea that people should govern themselves developed
○ 18th century, in North America and France.
Who approves treaties
○ 2/3 votes in the senate
What were the federalist papers
○ 85 essays published in news papers, supporting the constitution.
What are some examples of Direct Democracy
○ A referendum, or proposed law, that is voted for on the ballot, rather than leaving it up to representatives.
What is the state of nature
○ Acknowledged fiction ○ Assume it does exist to make it easy to understand. ○ Condition in which all of us live individually and solitarily prior to the existence of society.
What is an Executive Agreement
○ Agreement between President and Foreign gov that is less formal than a treaty.
What do government benefits provided depend on
○ All government benefits depend on the type of government.
What was the Great Compromise
○ Also known as the Connecticut Compromise ○ Bicameral Legislature, 2 senators per state, regardless of size, and representatives based on population. ○ Reps would serve 2 years before seeking reelection, senators would serve 6 after being appointed.
Why did the Articles of the confederation fail
○ Articles limited the powers of the national government ○ Articles gave the states too much authority
What is an inherent power
○ Assumed to exist as a direct result of the country's existence. ○ They don't have a convenient clause in the constitution. ○ Powers that congress determines it must assume. ○ Ex, control borders, expand territory, defend from internal revolutions. ○ Outside the text
What was the compromise to win support for the constitution from Anti Federalists
○ Bill of rights
What is the difference between budget and appropriations committees
○ Budget committees set spending limits ○ Appropriations committees set allocation of funds
What are examples of challenges to the social contract
○ Civil War ○ Labor Movement ○ Civil Rights Movement ○ Women's Suffrage ○ Women's Liberation
In what ways does the constitution differ from Declaration of Independence
○ Constitution makes justice more important than liberty. ○ Constitution is more concerned with controlling rather than expressing free will.
What is the definition of Government
○ Describes the means by which society organizes itself and allocates authority, accomplish goals and provides benefits that the society as a whole needs.
What did the Great compromise seek to balance
○ Differences over representation of the people or the states.
What is a federal system
○ Division of power between national gov and state govs
What did the Constitutional Convention do in terms of separation of powers
○ Encouraged sharing powers. ○ Alleviated the concern of increasing the power of national gov.
What is the purpose of a social contract
○ Enhance the potential of human nature. ○ Done through the protection of human rights.
What can make it difficult for government to respond to important social issues
○ Enlightenment ideas of individualism, equality, liberty, and property.
What are the three types of congressional powers
○ Enumerated, Implied, Inherent.
What is the purpose of the executive branch
○ Execute laws passed by congress.
What is an enumerated power
○ Explicitly stated in the constitution ○ In the text ○ Also known as expressed power
What are enumerated powers
○ Federal gov ○ Declare war, impose taxes, coin and regulate currency, regulate trade, raise and maintain military, make treaties with nations and natives, make laws.
What was the Bill of rights
○ First Ten Amendments to the Constitution. ○ They are the declaration for the protection of natural rights. ○ Protection of individual conscience and democratic participation. ○ Institute the due process of law.
What are private goods
○ Food, clothing and housing provided by private businesses, in exchange for profit.
What are common goods
○ Free of charge, but of limited supply. ○ Example, fish or clean drinking water. ○ Government protects common goods.
What are natural rights
○ God given rights to life, liberty and property.
What are public goods
○ Goods and services available to all without charge.
What are toll goods
○ Goods available to many, but only few can afford it.
What is due process
○ Government's obligation to treat citizens fairly.
During the Constitutional Convention, what was Virginia's plan
○ Have representatives proportional to population ○ This plan was opposed to New Jersey plan, that called for 1 vote per state. ○ The Virginia plan called for bicameral approach.
What was John Locke's belief about the state of nature
○ He believed the state of nature was peaceful and consisted of rational human beings. ○ He also believed the state of nature was inconvenient.
What are social contracts constructed to be compatible with
○ Human nature and natural rights.
What expression is the Declaration of Independence similar to
○ Ideas of John Locke in The Two Treatises of Government.
What is the Necessary and Proper Clause
○ Implied powers ○ Overwhelming portion of Congress's work is tied to this clause.
What is a check that congress has on the supreme court
○ In can increase the number of justices.
What was Amendment 16
○ Income Tax ○ States were not required to contribute in proportion to population ○ Progressive Tax policy
What is an important weakness of the social contract
○ It requires consensus.
What did Federalist Paper No 10 stated
○ James Madison ○ Argued that there was no need to fear factions, because of the diversity that existed. ○ Argued that factions were impossible to remove, but that their effects could be limited. ○ Argued that direct democracy would lead to tyranny by majority rule.
What did Federalist Paper No 51 stated
○ James Madison ○ Explained Separation of powers ○ Explained Checks and Balances
What are the Two Treatises of Government
○ John Locke rejects the idea of kings ○ Defines what it means to be human ○ Specified proper structure in civil society
Which natural right was explicitly protected in the declaration of independence
○ Liberty
What did John Locke view as the most important protections under the social contract
○ Life, Liberty, and Property. ○ He viewed them as natural rights. ○ He believed that it was the government's job to protect them.
How much authority did John Locke believe society should have over citizens in the social contract
○ Limited Authority
What were the weaknesses of the Articles of Confederation
○ National gov could not impose taxes on citizens ○ National gov could not regulate foreign or interstate trade ○ National gov could not raise an army ○ Each state only had one vote ○ Articles could not be changed without unanimous approval ○ There was not judicial system to enforce laws
Why was the power to declare war limited under the articles of confederation
○ National gov had to rely on states to provide soldiers.
What type of rights are contained in Bill of Rights
○ Natural Rights ○ Procedural Rights
Which ideas are embodied in the Declaration of Independence
○ Natural rights of life, liberty and pursuit of happiness ○ Idea that governments are created by people to protect their natural rights.
What is the origination Clause
○ No taxation without representation ○ Bills for raising tax revenue must begin at the House of Reps
What is an implied power
○ Not detailed in the constitution, but necessary to achieve the objectives of the national government. ○ Necessary and Proper Clause ○ Based on the text
What is congressional oversight
○ Not enumerated ○ Article I ○ Implied
What is the social contract
○ Obligations we are expected to bear for the roles we play in the social order. ○ Is the product of human desire and effort.
What is the Enlightenment
○ One of the greatest influences of American government ○ Took place in Europe from 1650 - 1800 ○ Transitioned from religious absolutism to human individuality and liberty. ○ Gives government by consent.
What is a monarchy
○ Only one ruler holds power.
What is an Oligarchy
○ Only the ruling elite or certain members of a political party can participate in government.
Who were the Anti-Federalists
○ Opponents of the Ratification of the national gov. ○ Feared National gov power ○ Believe in state legislatures
What is Civic Engagement
○ Participation that connects citizens to politics.
What is the Enlightenment
○ Period of Western European history following Middle Ages. ○ Source of ideas about natural rights.
What is a democracy
○ Political power rests in the hands of the people
What were the powers under the Articles of Confederation
○ Power to Borrow and Coin money ○ Power to Declare war ○ Power to Make Treaties and Alliances with other Nations ○ Power to regulate Trade with the Native Americans ○ Power to settle disputes among other states
What were framers more interested in when creating the Constitution
○ Practicality of government.
Who determines ambassadors
○ President and Senate
What is a line item veto
○ President can veto portions of an appropriations bill deemed unnecessary or wasteful.
What as Budget Act of 1921
○ President initiates budget process ○ Congress can amend, implement, or discard Prez's budget
What is the definition of Politics
○ Process of gaining and exercising control within a government ○ Purpose of setting and achieving particular goals, related to the division of resources.
Describe the Articles of Confederation
○ Protect the power of the states ○ Unicameral congress ○ No executive or judicial branches ○ National gov had limited power
What are some forms of Civic Engagement
○ Reading ○ Discussing politics ○ Attending political debates ○ Donating money to political campaigns ○ Handing out flyers for candidates ○ Voting ○ Joining protests ○ Contacting elected representatives
Under terms of the original constitution, what would happen to slaves who fled to another state
○ Reclaimed by their owners. ○ Otherwise known as Fugitive Slave Clause (Clause 3 Article IV)
What is the optimal form of government
○ Representative Democracy
What does Montesquieu argue for in The Spirit of the Laws
○ Representative rather than popular rule. ○ Division of political powers to lessen the impact of popular will. ○ The Constitution embodies Montesquieu's principles by separating the legislative, executive, and judicial powers.
What is the form of government of the US
○ Republic, or Representative Democracy ○ Citizens do not govern directly. ○ Representatives pass laws on behalf of people.
How did creating a republican form of government ease the fears of national government becoming too powerful
○ Rested political power in the hands of the people.
Which constitutional principle, as suggested by Montesquieu, lessens potential harm of national gov over people
○ Separation of powers.
What is the budget resolution
○ Sets limit of federal spending
What was the motivation of those who introduced the virginia plan
○ Shift more power to national gov.
What group was least likely to support constitution
○ Small farmers and planters
What is the definition of society
○ Society is defined by a social contract, which is based on an understanding of that it means to be human and of what human rights we poses.
How is society formed
○ Society is not natural or God-given. ○ Society is the product of human intention for the purpose of a collective interest.
What describes the theory of the social contract
○ Society is not natural, but created by the people.
What are the seven Congressional powers
○ Tax Citizens ○ Set budget ○ Regulate commerce ○ Declare War ○ Provide advice and consent on appointments ○ Impeach individuals ○ Oversee the powers of the judicial and executive brances
How do conflicting ideas of the Enlightenment influence American gov and politics
○ The Constitution sets up a system of gov that isn't favorable to the democratic expression of popular will. ○ Protection of private property can interfere with the gov dealing with important social needs.
What does the constitution do for Natural rights
○ The constitution is largely silent on natural rights. ○ The constitution does have a prohibition against religious tests for office.
What best describes ideas and beliefs of federal and state sovereignty in the virginia plan
○ The plan not only sought to give more representation to populous, and national gov that would regulate states. ○ Virginia plan supporters believe that strong national gov was vital to the success of the United States.
Who is in charge of negotiating treaties
○ The president
What is Rousseau's point in Discourse on Inequality
○ Those without property seek to take it from those who have it.
What is the purpose of Executive Orders
○ To balance the law making power of congress
What is the constitution designed to be a concern for
○ Tyrannical Majority
Why was it so difficult to change the articles of confederation
○ Unanimous consent by all states was required.
What conditions are required for a social contract to work
○ Uniformity of ability and purpose among those who agree to the social contract. ○ Consensus.
What best describes the differences between the New Jersey and Virginia plans
○ Virginia Plan advocated for more power to central gov ○ Supporters of the New Jersey plan believed that states were best suited to represent the needs of citizen, Virginia plan believes that effective representation happens at a national lever. ○ Supporters of the New Jersey plan advocated for states to retain power.
