American Government: Stories of a Nation Unit 1

politics

the process of influencing the actions and policies of government

government

the rules and institutions that make up that system of policy making

democracy

a system of government where power is held by the people

Adopted from histories and philosophies of ancient Greek and Rome.

Note that early foundational documents like the federalist papers often consider the US to be a republic NOT a democracy, using a definition of democracy closer to what we'd now consider "direct democracy" in contrast to a republic's elected representatives.

inalienable rights

rights the government cannot take away

The Declaration of Independence declares "that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness"

linkage institutions

channels that connect individuals with government, including elections, political parties, interest groups, and the media

participatory democracy

a theory that widespread political participation is essential for democratic government

Elitist Democracy

a theory of democracy that the elites have a disproportionate amount of influence in the policymaking process

pluralist theory

a theory of democracy that emphasizes the role of groups in the policymaking process

Political Institutions

the structure of government, including the executive, legislature, and judiciary

constitutional republic

a democratic system with elected representatives in which the Constitution is the supreme law

Declaration of Independence

the document (mostly written by Jefferson) recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain

Drew upon ideas of the Enlightenment, such as natural rights, social contract, and popular sovereignty.

ideals of democracy

natural rights, popular sovereignty, social contract, limited government

(according to the College board)

natural rights

the right to life, liberty, and property, which government cannot take away

Popularized in the enlightenment by John Locke, a variant of these with "pursuit of happiness" in place of "property" is found in the Declaration of Independence.

social contract

people allow their governments to rule over them to ensure an orderly and functioning society

An idea from the enlightenment. The declaration of independence uses this idea in asserting that Parliament broke essentially broke its social contract so the colonists were right to rebel. "That whenever any Form of Government becomes destructive of these ends [securing rights], it is the Right of the People to alter or to abolish it"

limited government (and ways of achieving of limited government)

government structure in which government actions are limited by law.

CB wants you to know that we have limited government through: separation of powers, checks and balances, federalism, and republicanism

popular sovereignty

the idea that the government's right to rule comes from the people.

Referenced in the Declaration of Independence: "That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed"

republicanism

a system in which the government's authority comes from the people

Majority rule with minority rights

the democratic principle that a government follows the preferences of the majority of voters but protects the interests of the minority

another expression of democratic ideals, combining popular sovereignty (majority rule) and natural rights (minority rights)

Articles of Confederation

A weak constitution that governed America during the Revolutionary War.

Shays' Rebellion

Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.

Faction

a group of self-interested people who use the government to get what they want, trampling the rights of others in the process

Federalist 10 addresses the problems this as an issue

New Jersey Plan

a plan of government that provided for a unicameral legislature with equal votes for each state

(favored and was favored by small states)

Virginia Plan

a plan of government calling for a three-branch government with a bicameral legislature, where more populous states would have more representation in Congress

(favored and was favored by large states)

Bicameral

a two-house legislature

The Virginia Plan and the Great Compromise called for this type of legislature.

Unicameral

One-house legislature

The articles of confederation had this type of legislature, the New Jersey plan also suggested this type of legislature.

Connecticut (Great) Compromise

an agreement for a plan of government that drew upon both the Virginia and New Jersey Plans; it settled issues of state representation by calling for bicameral legislature with a House of Representatives apportioned proportionately and a Senate apportioned equally.

3/5ths Compromise

an agreement reached by delegates at the Constitutional Convention that a slave would count as three-fifths of a person in calculating a state's representation

writ of habeas corpus

the right of people detained by the government to know the charges against them

Suspension of the writ of habeas corpus is forbidden by Article I, section 9 of the Constitution.

Bills of Attainder

when the legislature declares someone guilty without a trial

Forbidden by Article I Section 9 of the constitution

ex post facto law

a law punishing people for acts that were not crimes at the time they were committed

Forbidden by Article I Section 9 of the constitution

separation of powers

a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own

The US constitution uses this.

An idea popularized by Montesquieu during the Enlightenment.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Federalists

supporter of the proposed constitution, who called for a strong national government

(Note: also later referred to a political party)

Amendment

a constitutional provision for a process by which changes may be made to the constitution

Article 5 of the constitution puts forward a process for these in US.

Anti-Federalist

a person opposed to the proposed constitution who favored stronger state governments

Bill of Rights

The first ten amendments to the Constitution.

Federalists agreed to add a bill of rights to the constitution as a compromise to end the Ratification debate.

Federalist paper 10

an essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government

mnemonic fact10n

Federalist paper 51

an essay in which Madison argues that separation of powers and federalism will prevent tyranny

Brutus 1

an Antifederalist Paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government

Federalism

the sharing of power between the national government and the states.

confederal system

a system where the subnational governments [such as states in the US] have most of the power

Examples: The EU, the US under the Articles of Confederation, Switzerland.

unitary system

a system where the central government has all of the power over subnational governments [such as the states in the case of the US]

Examples: UK, China, most countries

federal system

a system of government where power is divided between the national and state governments.

Examples: US, Mexico, Nigeria, Russia (in theory)

enumerated or expressed powers

powers explicitly granted to the national government through the Constitution; also called expressed powers

exclusive powers

powers only the national government may exercise

implied powers

authority of the federal government that goes beyond its expressed powers; powers not granted specifically to the national government but considered necessary to carry out the enumerated powers

Necessary and Proper or elastic Clause

language in Article I, Section 8, granting Congress the powers necessary to carry out its enumerated powers

Used to justify the implied powers of the federal government in addition to its enumerated powers

commerce clause

grants Congress the authority to regulate interstate business and commercial activity

Has had a strong impact on modern American Federalism

Supremacy Clause

The constitutional provision that makes the Constitution and federal laws superior to all conflicting state and local laws.

Found in Article VI of the Constitution

Tenth Amendment

reserves powers not delegated to the national government to the states and the people; the basis of federalism

reserved powers

powers not given to the national government, which are retained by the states and the people

concurrent powers

powers granted to both states and the federal government in the Constitution

Full Faith and Credit Clause

constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state

Extradition

the requirement that officials in one state return a defendant to another state where a crime was committed

Privileges and Immunity Clause

prevents states from discriminating against people from out of state

Dual Federalism

a form of American federalism in which the states and the nation operate independently in their own areas of public policy

The US largely used this model of Federalism until FDR's New Deal

selective incorporation

the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis

Cooperative Federalism

a form of American federalism in which the states and the national government work together to shape public policy

Largely began with FDR's New Deal in response to the Great Depression.

grants-in-aid

federal money provided to states to implement public policy objectives

Fiscal Federalism

the federal government's use of grants-in-aid to influence policies in the states

categorical grants

grants-in-aid provided to states with specific provisions on their use

unfunded mandates

federal requirements that states must follow without being provided with funding

block grant

a type of grants-in-aid that gives states more authority in the disbursement of federal funds

revenue sharing

when the federal government apportions tax money to the states with no strings attached

Devolution

returning more authority to state or local governments

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government

Found that Maryland could tax the 2nd bank (which McCulloch worked for).

Gibbons v. Ogden

Commerce clause case (1824). Decision greatly enlarged Congress' interstate commerce clause power by broadly defining the meaning of "commerce" to include virtually all types of economic activity.

New York had granted a monopoly to Ogden to routes in NY and between NY and NJ, Gibbons a license by the federal government. Found unanimously for Gibbons.

Pair with Lopez & Morrison cases (limiting commerce power).

Fourteenth Amendment

constitutional amendment that provides that persons born in the United States are citizens and prohibits states from denying persons due process or equal protection under the law

Protections Bill of rights are now applied to the states via "Selective Incorporation" through the 14th amendment.

Thirteenth Amendment

constitutional amendment that outlaws slavery

US vs Lopez

the Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones.

liberty

social, political, and economic freedoms

american political culture

the set of beliefs, customs, traditions, and values that Americans share

republic

a government ruled by representatives of the people

constitution

a document that sets out the fundamental principles of governance and establishes the institutions of government

James Madison

"Father of the Constitution" (also 4th president of the US)

Pushed for a new constitution to replace the Articles of Confederation. Helped come up with the original Virginia Plan for the Constitution. One of the authors of the federalist papers, including 10 and 51.

Importation Compromise

Congress could not prohibit the slave trade until 1808, but imported slaves could be taxed.

legislative Branch

the institution responsible for making laws

the two chambers of Congress, the house of representatives and the senate, make up the this branch of government in the US

executive Branch

the institution responsible for carrying out laws passed by the legislative branch

This branch is headed by the President in the US

Articles of the Constitution

1. Legislative Branch

2. Executive Branch

3. Judicial Branch

4. States

5. Amendments

6. Supremacy

7. Ratification

Mnemonic Device Initialism: Lazy Elephants Jump Slowly And Sit Regularly

Mnemonic Device Acronym: - LEJSASR ~Ledge Sass-er

formula grant

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

John Marshall

Long serving chief justice of the U.S. Supreme Court (1801-1835). Generally a federalist who expanded federal power as Chief Justice even after the Federalist Party had began to lose influence to the Democratic-Republicans. Responsible for a number of important cases including a some required cases.

Marbury v Madison

McCulloch v Maryland

(also Gibbons v Ogden)

Questionable Mnemonic: Marshall and the M and M cases.

Classification of US Government

[Constitutional] Federal Presidential Republic

Constitutional: constitution provides fundamental law

Federal: National (Federal) government and subnational (state) governments share power.

Presidential: The leader and executive branch is a separate branch of the government. (In the Parliamentary system the executive is chosen by and a part of the legislature.)

Republic: citizens or their elected representatives hold political power. (Also think of Direct vs Indirect Democract.)