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everything you need to know for unit 1
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Natural Rights
Certain rights given by a divine creator that can’t be infringed upon. This idea was creating by Hobbes and Locke
Popular Sovereignty
governemnt power should be based off of consent of hte poeple
Enlightenment Thinkers
Believed that the concept of liberty and natural rights could only be upheld if a government operated by a set of certain principles (separation of powers, checks and balances, federalism, and republicanism)
Separation of Powers
Three equal branches that shall be independent
Checks and Balances
Each branch of government should have the ability to have built in mechanisms for restraining the concentration of power of others
Federalism
Dividing power between national and state governmentr
Republicanism
Policymaking is done by elected representatives of the people (the power to vote)D
Decleration of Independence
Created by Thomas Jefferson. The main ideas are of natural rights and popular sovereignty
U.S. Constitution
Created by Madison. It’s first sentence is “We the People” and writes about republicanism.
Gettysburg Address
Spoken by Lincoln during the Civil War advocating for the fact that the government is founded and based on equality
Articles of Confedereation
Bad piece of legislation that had a large share of problems
Problems with the Articles of Confederation
single-branched government (only one house) 9/13 had to agree to pass laws which was practically impossible
Lacked power to coin money or regulate interstate commerce
No power to tax states which made the national government weak and broke
No powers to raise centralized military which had bad effects during Shay’s Rebellion
Constitutional Convention
In Philadelphia with federalist and anti federalist
Federalist
In favor of a powerful central governmentA
Anti-Federalist
Proposed a powerful state government
Great Compromise
Split the legislative branch into two houses (senate and the House of Representatives)
Electoral College
Electing president where it is mandated that the president be chosen by a certain number of electors based on the number of representatives per state
Slavery Issue
3/5ths Compromise and the Slavery compromise about banning the slave trade in 20 years as long as slavery remains legal
Bill of Rights
Insisted by the Anti-Federalist (first 10 amendments)
Article V
Aimed for proposal (2/3 vote) and ratification (3/4 vote)
Participatory democracy
favored by the anti-federalist. Broad participation in civil societty, more people the better
Elite Democracy
Favored by the federalist. Limited participation in politics and civil society (they believed average citizens were uneducated)
Pluralist democracy
Favored by the federalist group based activism aimed to influence political decisions making (groups had to be invited to be involved)
Federalist 10
Created by Madison. Argued for ratification of the constitution and that it demonstrated the ability to handle issues that come with factions. If majority always prevailed minority voice would never be represented, and the opposite of that. He wanted to increase the number of factions so that there were so many they would all have no more power than the other
Brutus 1
Argued against the ratification of the constitution. They believed central government would become tyrannicalfv and constant debate between factions would render the government ineffective.
Federalist 39
Written by Madison to argue that the constitution would balance national and stateE power than eliminate either one because it has a mixture of power-sharing
Exclusive powers
implied powers: implied permission
ennumerated powers: powers only given to the national government
Reserved Powers
Retained by the states (10th amendment)
Concurrent Powers
State and national government share powers
Necessary and Proper Clause
Allows congress to meet needs of the moment and create laws that aren’t explicitly allowed in the constitution
McCulloh V. Maryland
The U.S. wanted to create a national bank and Maryland thought it was considered federal overreach, so they began to tax the bank. John Marshall ruled that in favor of the federal government. They believed the power to tax is the power to destroy which created a shift of power for the states
Supremacy Clause
Federal and state laws contradict. federal laws overrule state laws
commerce Clause
goal was to regulate commerce among states
Gun Free School Zones Act
Local policy for the states where the federal government determined guns would hinder students against therefore effecting the economy. L
Lopez V. United States
congressd exceeded constitutional authority by passing gub laws and if they can ban guns because of the commerce clause there would be no limit of power.
14th Amendment
National government can enforce federal protections state levelFi
Fiscal Federalism
Distribution of money (like for money aids and grants)
Revenue Sharing
Money to the states with no strings attached (no longer practiced)
Block grants
Few strings attached where states are given federal aidCa
Categorical grants
Money given to states by the federal government for specific policies
Mandates
Passes laws to make states take action, this definition is why its the states least favorite.
Waiver
A decision by an administrative agency granting some other part permission to violate a law or rule that would otherwise apply to it
Police Power
State power to enact laws promoting health, safety, and morals
Conditions of Aid
Terms set by the national government that states must meet if they are to receive certain federal funds
Nullification
The doctrine that a state can declare null and voice a federal law that in the states opinion violates the constitution
Dual Federalism
Doctrine holding that the national government is supreme in its sphere, the states are supreme in theirs, and the two spheres should be kept seperate
Grants-in-aid
Money given by the national government in the states
Initiative
Process that permits voters to put legislative measures directly on the ballot
Recall
Procedure enabling voters to reject a measure passed by the legislature.
Federalist 10
A seminal essay by James Madison that argues for the protection of minority rights in a large republic through a system of factions, highlighting the dangers of direct democracy. The bigger the national government is, the more tension built up between factions making the decisions equal amongst them instead of letting one group have superiority
Brutus No. 1
A foundational anti-Federalist essay arguing against the consolidation of power in a central government, emphasizing the importance of individual liberty and the dangers of a large republic. It contends that a strong central government could lead to tyranny and erode local governance and freedoms.
Article V
The section of the U.S. Constitution that outlines the process for amending the Constitution, allowing for changes to be proposed either by Congress or a national convention. It requires a two-thirds majority in both houses of Congress or a convention called by two-thirds of state legislatures to propose amendments, followed by ratification from three-fourths of the states.
Article VI
The section of the U.S. Constitution that establishes the Constitution, federal laws, and treaties as the supreme law of the land, requiring judges to uphold them regardless of state laws. It also includes the prohibition of religious tests for holding office and affirms the importance of oath-taking to support the Constitution.
Article VII
Section of the constitution that addresses itself in terms that the U.S. takes on debt and contracts they took under the Articles of Confederation. the Constitution is the supreme law of the U.S. and anyone in public office must take an oath/
Federalist 51
“If men were angels no government would be necessary” which means that humans are selfish and need a government to protect the liberty of the people. Government needs control of the governed and each department should have a will of their own and all be independent and equal.
Article 1
Legislative Branch
Article 2
Executive BranchA
Article 3
Judicial Branch
Article 4
Relations among states
McCulloh V. Maryland
Supreme court case that established control over the powers between the national and the state governments with the necessary and proper clause (which was a unanimous decision). It began with the question if the federal bank could lawfully be taxed by a state, and John Marshall decided that the states can tax within their states.
United States v. Lopez
The government does not have the power under the commerce clause to permit it to regulate matters not directly related to interstate commerce. It does not justify federal action.Sha
Shay’s Rebellion
ex-revolutionary soldiers fought to keep farms because of high taxes and interest rates. The states and federal government couldn’t stop it because the nation didn’t have the power to create a military, highlighting the weakness of the Articles of Confederation.
10th Amendment
any powers not explicitly given to the federal government by the Constitution, nor prohibited to the states, belong to the individual states or to the people
Full Faith and Credit Clause
is a requirement from Article IV, Section 1 of the U.S. Constitution that commands every state to respect the public acts, records, and court rulings of every other state
Devolution
the transfer or delegation of political power, authority, and responsibility from a central or national government to regional, local, or subnational levels of governmentE
Equal protection Clause
the transfer or delegation of political power, authority, and responsibility from a central or national government to regional, local, or subnational levels of government