Federalism

Federalism

1. agreement within a state regard rights &responsibilities of state& its citizens; Hobbes-agree to establish society by renouncing the rights had in the State of Nature. to ensure escape from State of Nature, both agree live together under common law, create an enforcement mechanism for social contract& laws that constitute it. Society becomes possible cuz, in State of Nature no power able to "overawe them all", now is superior and more powerful person who force men to cooperate. we are never justified in resisting his power cuz it is only thing which stands between us and what most want to avoid. Prior to estab of basic social contract, which men agree to live together& the contract to embody a Sovereign with absol author, nothing is immoral/unjust-anything goes. either to abide by terms of contract, or return to State of Nature, which no reasonable person could prefer. Locke's-did not envision State of Nature grimly as Hobbes, he can imagine conditions which one would be better off rejecting a particular civil gov& returning to State of Nature, with aim of constructing a better civil gov in its place. 2..M- Legislature in cal to be "eclipsed" by people. No checks&Bal. Ppl don't read props. Direct- wemake budg. Decisions. 3.Zinn basically says you are not democratic unless you are doing something which can promote crime and violence (also voting is a fetish)3+-, while hook thinks zinn is foolish. Zinn hates democratic process, believes doesn't work unless riot etc. Hook says it is slow process but has done great things ie slavery "he is verging on moral irresponsibility. From the safety of his white suburbs, he is playing with fire" "Law and order are possible without justice; but Mr Zinn does not seem to understand that justice is impossible without law and order." 4.First gov doc of US, final written 1777.Problems-AC creat weak central gov. feared strong central gov take away individual freedoms/rights. problems created: Congress could not collect taxes, print/coin money. States printed money, confusion btw states, Congress not regulate trade btw states/countries, could not raise an army there was no central figure in charge of gov. Compr Phil convention : New powers granted to Cong to reg economy, currency, national defense, but provisions which would give national gov veto power over new state laws-rejected. Congress-denied power to limit slave trade for minimum 20yrs slaves counted as 3/5 person for apportioning repres/determining electoral votes. compromised issue apportioning mem of Con, divided larger&smaller states. plan del Roger Sherman-Connecticut ("Connecticut Compromise"), represen in HOR based on pop &each state 2 senators. 5. Formal/informal ways amend constitution: 1.for bill to pass both houses of the legislature, by a 2/3 majority. bill has passed both houses goes to the states. route taken by all current amendments. 2. Constitutional Convention to be called by 2/3 of the legislatures of the States, and for that Convention to propose 1+ amendments. then sent to the states to be approved by 3/4of the legislatures/conventions. route never been taken, amend be approved by 3/4of states. Only 1 amendment, 21st, specified convention. passage by legislature or convention by majority. 27th amendment: originally proposed