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Natural rights
Right to life, liberty, and property
Social contract
People allow power to governments in return for order and safety
Baron de Montesquieu
Enlightenment thinker, proposed branches of government
John Locke
Enlightenment thinker, proposed the idea of social contract
Popular sovereignty
Government’s right to rule is from the people
Republicanism
Government’s authority is from the people, but through representatives (republic)
Inalienable rights
Rights the government can’t take away
Participatory democracy
Theory of democracy that widespread political participation is essential for democratic government
Civil society groups
Independent associations outside the governments control
Pluralist theory
Theory of democracy that groups are vital for the policymaking process
Elitist theory
Theory of democracy that elites have a disproportionate amount of influence
Constitutional republic
Democratic system with elected representatives, system all defined and limited by a constitution
James Madison
Political scientist who helped create and ratify the Constitution
Republic
Government ruled by representatives of the people
Articles of Confederation and Perpetual Union (1777)
Governing document where the 13 states were supreme and had lots of independence, creating a weak federal government
Shay’s Rebellion
Masachusett farmer uprising, showed how weak federal government was (they couldn’t stop the rebellion fast)
Writ of habeas corpus
Right of detained people to know the charges against them
Bills of attainder
Legislature declares one guilty without trial
Ex post facto laws
Acts not illegal at the time they were committed
Virginia Plan
James Madison’s proposal, bicameral legislature, populous states would have more representation in Congress
New Jersey Plan
Opposing to the Virginia Plan, unicameral legislature with equal votes for each state
State legislature
Lawmaking body of a state
Great (Connecticut) Compromise
Combining both Virginia and NJ plans, Senate + HoR Congress system
3/5 compromise
Slaves count as 3/5 of a person for HoR representation
Compromise on Importation
Congress can’t restrict slave trade until 1808
Seperation of powers
By Baron de Montesquieu, branches of government
Checks and balances
Each government branch has powers that prevent other branches from making policy
Federalism
Sharing of power between national gov. and states
Enumerated/expressed powers
Explicitly stated in Constitution
Necessary and Proper (elastic) clause
Article 1, section 8, granting Congress implied powers
Implied powers
Congress, for elastic clause
Supremacy clause
Constitution, national laws, treaties, are supreme law of the land
Marbury v. Madison
Case about the midnight judges establishing judicial review against laws or executive actions
Amendment process
Proposed, 2/3 vote in Congress
Ratify, ¾ of all state legislatures
Federalist Papers
85 essays by people like James Madison explaining the theory behind the Constitution
Federalist No. 51
Seperation of powers + federalism will prevent tyranny
Federalist No. 10
Dangers of faction will be solved by a large republican government
Tyranny of minority
Small # of citizens trample on rights of larger
Tyranny of majority
Large # of citizens trample of rights of smaller
Brutus No. 1
Anti-Federalist paper, arguing Constitution destroys liberty and state authority eventually
Unitary system
Central gov. has all power over states
Confederal system
States have most power, national gov. depends on them
Federal system
Power is divided between both
Exclusive powers
Only national gov may exercise
Commerce clause
Congress regulates commercial activity
Necessary and Proper clause
Fed gov. can pass laws to carry out implied powers
Supremacy clause
Tenth Amendment
Powers not delegated to national gov are reserved for the states and people
Reserved powers
Tenth amendment
Concurrent powers
Granted to both states and national gov
Full faith and credit clause
States to recognize public acts records and court proceedings from another state (like marriage records)
Extradition
Defendant must be returned to the state where crime was committed to be tried
McCulloch v. Maryland
McCulloch win because Maryland cant tax the Second Bank, supporting fed gov power
Gibbons v. Ogden
Gibbons won, blocking the monopoly over sea routes NY gave to Ogden because the fed. gov gave him license to operate there, supporting fed. gov power and commerce clause
13th amendment
Outlaws slavery
14th amendment
All persons born in US are US citizens
15th amendment
Black men can vote
Plessy v. Ferguson
Pro-segregation, Plessy tried for violating law separating railroad facilities for blacks and whites, saying 14th amendment wasn’t violated (bruh)
Dual federalism
States and nation operate independently in own areas of policy
Cooperative federalism
National and state gov work together
New Deal
Program by Franklin Roosevelt using national gov. to intervene and help during Great Depression
Grants in aid
Money provided by fed. gov to states to carry out a policy
Categorical grants
Grants in aid with specific provisions on their use
Fiscal federalism
National gov uses grants in aid to influence policies in the states
Unfunded mandates
Fed requirements states must follow without funding
Block grants
Grant in aid giving state officials more authority in how they spend it
Revenue sharing
Fed gov apportions tax money to the states no strings attached
Devolution
Shifting from fed. gov power to state power
US v. Lopez
Lopez win, commerce clause does NOT affect guns
Oberfell v. Hodges
In support of same-sex marriage, Oberfell win against Ohio state gov
Gonzales vs. Raich
Congress had a rational basis for saying marijuana impacted interstate commerce, disallowing Raich to grow marijuana at home