Steven Tsay

AP US Gov
Outline #2
Aug. 23, 2015
Constitutional Democracy
America during colonial period developed traditions (rooted in governing practices, political
theory, and cultural values) of limited government and representative government.
The constitution provides limited government by dividing lawful powers among competitive
institutions.
Original constitution provide for representative government through indirect method of electing
representatives
Popular government-majority desire have more impact- is gaining popularity
Constitution of the U.S-fundamental law that defines how a government will legitimately operate
I
Seek to create a limited government (legal limit of government power)and Representative
government ( people select representatives)
a Conflict of two ideas- limited government sometimes cut off representative
government when majority rule is illegal
b Limited Government
i Originated form colonial rule. British colonists have self-regulation
legislative powers. British however, fail to uphold such arrangement impose
heavy tax, did not allow representation.
ii War caused by
1 Imposition taxes, Military occupation, No trail of local juries,
government forms
a John Locke- social contract, government should provide
inalienable rights(natural rights): life ,liberty , property
iii 1774 first continental congress discuss British, 1775 killed 8 colonist
II
During the revolution originally the constitution is Articles of Confederation
a Weak government, people not united and not a strong notion of American
unwilling to create a strong government since thats what Britain is
i National government no judiciary and no independent executive.
b Power in congress, each state 1 vote. Only pass laws if 9/13 agreed. Articles of
confederation can only be amended if each state agree
i Fund from states, inefficient, cannot regulate trade policies
III
Philadelphia constitutional convention 1788 law without New York and Virginia
a Subsequent of 6/13 Annapolis convention
b Virginia plan- criticized by smaller states
i Separate judicial, executive
ii Two chamber congress a\superior authority in all areas. Lower elected, upper
selected by lower from list of respective legislatures. more seat for large state
c New Jersey plan
i Single congress equal amount of vote regardless of size.
d compromises
i the great compromise: House of representative based on population, senate
equal amount of two senators
ii 3/5 compromise: Slave is 3/5 of a person for south to gain 50% of seats and
for north to tax

IV

Anti-federalists- rule by elites, federalists( Madison and Hamilton) power to form unify and
strong government, separation of power ensure no reign of tyranny. Agrred to sigh based on
promise of future Bill of Rights
V
Goals to 1) strong government to unify defense and commerce 2) not threaten the concept of
separate states 3) not threaten liberty 4) support popular conscent
VI
Affirms power of congress and denies power of monarchs like ex post facto laws and
imprisonment indefinitely on a whim. Makes it hard to amend with 2/3 majority congress or 2/3
convention by state legislatures, become law only if ratified by state legislatures or state
conventions
VII
Separation of power- Madison federalist No. 10 groups use government in its interest at the
expense of others
a Checks and balances-separate but overlapping powers
i Shared legislative powers
1 President can veto congress legislations
2 Supreme court can declares congress laws void(judicial review),
interpret congress acts
3 Majority of lower and upper house for legislation to pass, thus they
can check each other
ii Shared Executive powers
1 Senate approve presidents treaties and appointment of high-ranking
officials .Congress can impeach or remove president. Congress
provides fund for president
2 Judicial review
iii Shared Judicial powers
1 Congress can impeach and remove judges, establish size of federal
court, restrict jurisdiction
2 President appoint judges with consent of senate, pardon people,
executing court decisions
VIII
Limited popular rule- prevent mob from making bad decisions
a Republic(institutions) vs. democracy( absolute popular power)( old terms)
b Senators appointed by elected state legislatures, thus less bending to public pressure
c President selected by the votes of electors( electoral college) each state have same
electoral votes as congress and select by method of its own choosing( usually
correlates to direct vote)
d Federal judge and justices appointed
e Challenges to such rule
i Jefferson & Jackson( urge electoral college to vote in accordance to popular
vote)
ii Change concept of representative form trustees to delegates
iii Citizen can recall elections, vote directly on legislative issues in local or state
level
iv Primary(party) election, select nominees
v Direct election of U.S senators
Judicial review
IX
Concept was not guaranteed by constitution, rather acquired through the Marbury V.S Madison
when chief Justice John Marshall refused congress power of mandamus- force officials toa n
action, by saying the constitution prevents expansion of judicial power without amendments.