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Second Treatise of Govt

a. State of nature is complete freedom
b. People choose to protect themselves, and their property, by choosing government
c. People will stay in State of Nature, as long as they have food and protection
2. Process that led to bicameral legislature
a. Connecticut Compromise led to Bi cameral legislature
3. Separation of Powers/Checks and Balances:
a. Separation of powers divides government into three branches, which can check each
i. Works, so rival factions can check each other
b. Checks and Balances is the system that allows the three branches to check each other
i. Congress can impeach a judge
4. Reserved Powers
a. Reserved Powers are only given to a state, and are implied/ not written down
i. Issue Licenses
ii. Regulate Intrastate Commerce
iii. Establish/Regulate Corporations
iv. Enacting laws to promote health, safety, and morals
v. Conducting elections for public offices, referenda, and initiatives
5. Anti-federalist
a. Liberty could only be ensured by small governments
b. Strong government would be distant from the people
i. Congress could tax heavily, President would control a large army, and Supreme
Court could overrule state courts
c. Believed in including many restrictions for a large government
6. Three Fifths Compromise
a. Slaves were counted as three fifths of a person
b. Led to increased Southern power in the HOR, as it favored the south
7. Hobbes v. Locke
a. Hobbes:
i. State of nature is violent, turmoil
ii. A strong tyrannical govt is needed to prevent this
b. Locke:
i. State of nature allows strong to derive the weak of liberties
ii. Self-preservation leads to government
1. Strong government can impair rights
iii. Advocated Separation of powers
8. Types of Politics
a. Majoritarian: Distributed benefits/costs
b. Client: Concentrated benefits, distr. costs
c. Interest:Conc. Benefits/costs
d. Entrepreneurial: distributed benefits, concentrated costs
9. Interest Groups and Agencies
a. Interest groups can influence Congress
i. Congress has some power over agencies
10. Federal Court Restraints
a. Congress:
i. Changing number/jurisdiction of courts
ii. Impeaching a judge
iii. (Senate only) Refusing to approve a judicial nomination
b. President:
i. Can nominate judges
11. Exercise of Judicial Review
a. Judicial review
i. Power of the supreme court to declare something unconstitutional
1. Limits power of popular majorities
12. Self Interest and Behavior
a. People would act according to self-interest, and this can lead to factions
i. Madison argued this
ii. Prevents one faction from achieving power
b. Economic interest trumps self interest