American Government Concepts

Enlightenment Ideas & Declaration of Independence

• The Declaration of Independence relies on the concept of natural rights to argue for government limitations.

Madison's Federalist No. 51 & Separation of Powers

• Madison defended the principle of separation of powers in Federalist No. 51.
• He argued for independent branches of government to check each other, preventing abuse of power.
• He acknowledged the inherent human nature of the need for such preventative measures.
• Madison acknowledged the challenge of government oversight and the need to control the actors in charge.

Economic Differences Under the Articles & Constitution

• The Constitution granted Congress significant economic powers, including the ability to tax, regulate commerce, and coin money, not afforded under the Articles of Confederation.

Voting Rights Amendments

• The 26th Amendment lowered the voting age to 18.

Executive Agreements & Presidential Power

• Executive agreements are often cited as evidence that presidents attempt to avoid legislative checks and balances on power.

Constitutional Amendment Process

• A constitutional amendment adopted requires ratification by three-fourths of the states after it's proposed by both houses of Congress.

Supremacy Clause

• The supremacy clause establishes federal law's dominance over conflicting state laws.

Divided Government

• Divided government occurs when the executive and legislative branches are controlled by different political parties.
• This is illustrated by different leadership present in the executive and legislative branches being from opposing parties.

McCulloch v. Maryland & Federal Power

• McCulloch v. Maryland established the principle of implied powers for the federal government, that are necessary for the federal government to carry out its expressed powers.
• The ruling strengthened the national government's authority.

Original Constitution & Citizen Rights

• The original Constitution had shortcomings in representation, specifically on the citizens that were represented within Congress.

Constitutional Interpretation

• Originalism argues that the Constitution should be interpreted according to the framers' original intent.

Changes to the Structure of Congress

• The 17th Amendment established the direct election of senators.

Checks & Balances and Political Parties

• Political parties result in divided government and potential conflict between branches.

Madison's View on Factions

• Madison likely supported a strong representative system to manage factions.

Political Parties Impact on Checks & Balances

• Political parties contribute to divided government, potentially leading to greater gridlock in the system.

Supreme Court Decision in Relation to Federal Power

• The Supreme Court decision upheld the principle that the federal government has the right to carry out its constitutional power.
• The decision strengthened the federal government's authority by ruling against state interference.

Original Constitution

• The original Constitution had deficiencies where citizens were not able to effectively elect their individuals that represented their districts in Congress.
• The voting amendments addressed that issue.

Checks & Balances and Voter Impact

• The media has increased the influence of voters on policy decisions and the system of checks and balances.

The Necessary and Proper Clause

• Interpretations of this clause have been pivotal to defining federalism.
• The clause allows the national government to expand its powers beyond the explicitly stated powers, which is a key aspect of the Federalist understanding of government.

Marbury v. Madison & Judicial Review

• Marbury v. Madison established the principle of judicial review, where the Supreme Court can determine if federal laws are constitutional.

Constitutional Provisions and Federal/State Power

• The Necessary and Proper Clause and The Commerce Clause, both enhance federal power.
• The Tenth Amendment and Fourteenth Amendment, both enhance state power.
• The Supremacy Clause is a key component of the system of Federalism, emphasizing federal power.

Originalist Interpretation of the Constitution

• Originalism is the idea that the Constitution should be interpreted based off the framers' intent.

Changes in the Constitutional Structure to Remedy Democratic Representation

• The 17th Amendment enabled direct elections of Senators, thus increasing citizen participation in representation.

Developments and Changes in Checks & Balances

• The media plays a vital role in shaping viewer impact on the operation of the check & balances system.

Madison's Preference on Preventing Factional Influence

• Madison supported a large republic and representative system to prevent factions.

Hamilton's Argument on a Bill of Rights

• Hamilton argued that a bill of rights was unnecessary and potentially dangerous as it could encourage claims to power that aren't explicitly enumerated.