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UT Arlington POLS 2311 - Liberty, Limited Government, and Self-Government

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POLS 2311 1st Edition Lecture 4Outline of Last Lecture I. Before the Constitution: Colonial and Revolutionary ExperiencesII. Declaration of IndependenceIII. Articles of ConfederationIV. A Nation DissolvingV. The Great CompromiseVI. The Three-Fifths CompromiseVII. A Strategy for RatificationVIII. The Framers’ GoalsOutline of Current Lecture II. Protecting Liberty: Limited GovernmentIII. Providing for Self-GovernmentCurrent LectureProtecting Liberty: Limited GovernmentGrants and denials of power-Grants: - Limit government by stating specific powers in Constitution—also known as grants and denials of powers.- This includes Article I Section 8, the “enumerated powers clause.”- There were a total of seventeen powers.- Denied powers not mentioned.Denials:- Limit government by stating specific prohibitions in the Constitution.o Prohibits the suspension of the right to a writ of habeas corpuso Prohibits ex post facto laws- The Constitution was made difficult to amend.Using Power to offset Power-These notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.- Montesquieu’s concept of separation of powers- Montesquieu, a French nobleman, believed in the separation of powers through an executive, judiciary, and legislative branch, like we have today.- Madison’s FederalistNo. 10 and the problem of overbearing majorities- Madison argued for a larger republic, and questioned why governments acted to please the majorities instead of adhering to justice.- The framers’ special contribution: separate but overlapping powers. Separated institutions sharing power: checks and balances- Separation of powers-meant to divide up the power of the government so not so much can go to one person or group.- Shared legislative powers: Congress is checked by the president and the Supreme Court.- Shared executive powers: the president is checked by Congress and the Supreme Court- Shared judicial powers: the courts are checked by the president and Congress. Bill of Rights- The Bill of Rights is made up of the first ten amendments of the Constitution.- It protects the rights of the citizens, such as giving them the freedom of speech and religion, and also grants them a trial by a jury of peers and legal counsel.- It also limits the powers of the government by making sure it can’t establish laws that infringe on the people’s rights. Judicial Review- This came after the 1800 election race between Adams and Jefferson. Adams lost and rushed to pact the courts.- The courts determine if governmental institution is acting within its constitutional powers.-Judicial review was established by Chief Justice John Marshall in Marbury v. Madison.Providing for Self-GovernmentA Democracy v. Republic- The framers feared the overbearing power of the majority in a democracy. The framers were afraid that they, a minority as landowning white men, would have not as much say if they gave too much power to the rest of the people; they wanted to give the people power, but not too much power.- The framers also preferred the concept of a republic, where people rule through elected representatives. Also, majority rule is limited in a republic to protect the rights of minorities.- They had two models of representative government:o Trusteeo Delegate Limited Popular Rule- People participate indirectly in process of government through election of officials, such as through the indirect election of the president though the Electoral College and the initially indirect election of senators.- The federal judges are appointed instead of elected, limiting popular majorityrule. Altering the Constitution: more power to the people- Jeffersonian democracy- Jefferson believed that the government belonged to all (white, landowning, male) citizens, not just the elite.- Jacksonian democracy- The states give electoral votes to the winner of the popular vote.- The Progressives- Wanted direct election of senators and for delegates to carry out the wishes of the


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