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Declaration of Independence -Social contract theory- require consent of the governed -People can abolish destructive government -Telling British people they've already told the grievances- ignored colonist- in war=enemies, in peace=friends ARGUMENTS: unalienable rights- life, liberty, property establish gov to protect rights gov gets power from the people right/ duty to overthrow (Last 2= Social Contract Theory) GRIEVANCES: taxation w/o representation quartering troops trial w/o jury dissolving colonists' representative governing bodies controlling judges DJJTQ (Dissolving government, judge control, jury (none), taxation, quartering troops) Articles of Confederation 1st guiding doc for U.S. government Equal representation in one house congress GOOD: NW Ordinance- slaver/ splitting new territory WEAKNESSES: 1. No power to tax (borrow state $, but the states are broke!) 2. No president/ executive 3. No judiciary 4. No power to regulate interstate commerce 5. 9/13 states to pass law 6. 13/13 states to change/ amend it LIMITED POWERS OF CONGRESS: 1. Can borrow $ 2. Can declare war 3. can sign treaties 4. can create national army/ navy (unpaid/ can't draft) Shown weak by Shay's Rebellion (national gov problems raising an army/ stopping rebellion) (JIET-9-13) Judiciary, Interstate Commerce, Executive, 9/13 law, 13/13 amend The Constitution Know the Articles Article 1 Section 1: -Congress legislates -House & Senate Article 1 Section 2: -Representatives --2 year terms --25 years old --Citizen 7 Years --Citizen of the State -Speaker of the House -House has power to impeach- simple majority -Reapportionment- with the Census- Representatives reapportioned to states Article 1 Section 3: -Senators --2 per state --6 year terms --30 years old --Citizen 9 Years --Citizen of the State -Vice President runs Senate (doesn't happen that way today)- can break tie votes -President Pro Tempore (lead Senate) -Senate holds impeachment trial (super majority- 2/3) Article 1 Section 7: -President can veto -Super majority in Congress to override veto -Power to make tax bills (start in the House) Article 1 Section 8: -Key/ Enumerated Powers of Congress --Naturalization --Raise Army/ Navy --Power of the Purse (Coin money, power to tax, borrow money) --Interstate commerce --Lower Courts --Declare War _Necessary & Proper Clause (Elastic Clause) Article 1 Section 9: -What Congress cannot do --Cannot suspend Writ of Habeas Corpus (except for public safety-war) ---Bring before a judge to tell why arrested --No Bills of Attainder (bill that puts individual/ group into jail/ punishes w/o trial) --No ex post facto laws (law passed to make something illegal that not illegal before then punishing those who committed the action before illegal) --No kings/ princes/ titles of nobility Article 2 Section 1: -If no candidate gets 270 electoral votes, House chooses the president -Executive --4 year terms --Born in USA --US Resident for 14 years straight --35 years old Article 2 Section 2: -Delegated/ Expressed powers of President --Commander in Chief --Grants Reprieves & Pardons --Makes Treaties --Makes Appointments (with Advice and Consent of Senate) -Senate confirms treaties/ appointments (Advice and Consent) -The Cabinet- vice president, chief of staff, heads of the 15 executive departments (agencies)- not ALL agencies Article 2 Section 3: -More expressed powers --State of the Union address --Call special sessions of Congress Article 3: -Creates the Supreme Court (Congress makes lower courts) -Judiciary has life terms Article 3 Section 3: -defines treason Article 5: -Amendment Process --Ex. of Federalism -2/3 of Congress can vote- get an amendment proposed --OR states can call national convention- get 2/3 vote- get Amendment proposed (not popular) --Ratification- 3/4 of state legislatures approve it --OR 3/4 of state convention can ratify it (not popular) Article 6: -Supremacy Clause Fed 10 Factions inevitable Cure factions= eliminate freedom (no) or representative democracy- well controls factions pure democracy- cannot control factions pluralist theory- all these groups compete in a republic so you get compromise Federalism- if representative focused on national issues- don't worry because you have a state government- controls factions (power splintered so one group can't control multiple states) Fact10ns


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