Professional Documents
Culture Documents
Amend laws
President:
Can veto
Nominates judges
Court:
Can declare things constitutional
JUDICIAL REVIEW (MARBURY V MADISON)
DEMAGOGUES
Counter-Elites--Hyper Mass people. Extremists who hate democracy and ind
ividual rights
NOBLESSE OBLIGE
Obligation of the elites to help the masses.
INTERSTATE COMMERCE CLAUSE
In 1937, Supreme Court ruled that Congress could regulate production and
distribution of goods.
NECESSARY AND PROPER CLAUSE
Ref: McCulloch v Maryland.
Federal gov has the ability to do what ever is necessary and proper--aft
er M v M case, broad interpreation is used.
NATIONAL SUPREMACY CLAUSE
Article 6, Fed is in charge, and always prevail over states.
FULL FAITH AND CREDIT CLAUSE
Article 4, states must respect other state's debt.
IRON LAW OF OLIGARCHY
Any organization will eventually represent the will of some oligarch, no
matter how "democratic thew oricinal prrpose was"
THE BILL OF RIGHTS
Was done as an after thought. Ratified in 1791.
TRADITIONAL DEMOCRATIC THEORY
Popular government.
INALIENABLE RIGHTS
Life, Liberty, Property. Locke.
MAJORITARIANISM
Popular government. Majority rules.
FEDERALIST VS. ANTI-FEDERALISTS
!!! Feds wanted the constitution, Anti-Feds didn't. Worried about indivi
dual rights.
PUBLIC SPACE VS. PRIVATE PROPERTY
!!!
TYRANNY OF THE MAJORITY
Example in book is anti-immigration and civil rights.
FEDERALIST #10
Publis (madison) Factions, Property is under threat. Natl gov best deven
se as the aggregate factions will have less power.
CIVIL SOCIETY AND POLITICAL CULTURE
!!!
THE IRONY OF DEMOCRACY
Elites must govern well to preserve democracy.
COUNTY, MUNICIPALITY, UNINCORPORATED AREA
THE ARTICLES OF CONFEDERATION
14TH AMENDMENT
Protects individual liberties.
DUE PROCESS AND EQUAL PROTECTION CLAUSE
Entitled to fair hearing of law.