Unit 1

Social Contract Theory

A philosophical theory popularized by Rousseau that states that the governed have a agreement with the governors, where the governed give up some liberties in exchange for protection. A key aspect of the theory is that the agreement can be broken at any time.

Liberal vs. Conservative

The two main schools of political thought, representing the left vs. the right.

Confederacy

A system of government where powerful states unite under a weak central government that fights for a common benefit for the states.

Declaration of Independence

The document that the founding fathers used to declare independence from England. Was used to air many grievances that the founding fathers had with England and used many philosophical ideas like consent of the governed as justification.

Montesquieu

A French philosopher who claimed that governments must preserve liberty, and that a separation of powers within the government is key for that to happen.

Elastic Clause

Article 1 Section 8 of the Constitution, states that Congress has the necessary and proper powers needed to carry out the enumerated powers.

Full Faith and Credit Clause

Article 4 Section 1 of the Constitution, states that each state must respect rulings made in other states.

Federalists

A party of pro-Constitution and pro-big government politicians who successfully campaigned for the Constitution to be ratified. Included members such as Hamilton and Madison.

Interstate Compact

An agreement made between states and approved by Congress that covers things such as natural resources and shared geology.

Enumerated Powers

Powers that are granted to Congress, listed in Article 1 Section 8 of the Constitution. Elastic Powers are used to help carry these out.

Brutus 1

An anti-Constitution essay written by Robert Yates. It argued that a central government would quickly grow power-hungry and seize power from the states using the Supremacy Clause. Also argued that the power to have a military, tax, and supersede state law would lead to tyranny.

Dual Federalism

A type of Federalism where the federal government and state government have clearly defined limitations on power that are separated from each other. Both levels of government have their own powers and do not encroach on one another.

Block Grant

A type of grant given by the Federal Government that gives the states discretion on how the money is spent. Associated with Dual Federalism and a smaller government.

US v. Lopez

A SCOTUS case that limited how the Interstate Commerce Clause could be used. Sparked by a Texan boy bringing a gun to school and being charged under a federal law. SCOTUS struck down the law and ruled that the Interstate Commerce Clause was not applicable.

Republic

A form of government where representatives of the public wield power.

Libertarianism

A political ideology that prioritizes small governments and individual rights.

Federalism

A system of government where there are two levels. Usually one level is a national and central government and the other level is made up of many smaller “state” governments.

Checks and Balances

A system where each of the three branches of government can check the others to ensure that there is not a runaway concentration of power.

Hobbes

A philosopher who said that government is a necessary evil in order to stop chaos, but it must protect liberty.

Privileges and Immunities Clause

Article 4 Section 2 of the Constitution, states that states cannot unreasonably discriminate against citizens of other states.

Anti-Federalists

A political party who opposed the Constitution and advocated for a smaller and more limited government.

Concurrent Powers

Powers that are delegated to both the Federal Government and state governments in the Constitution.

Marbury v. Madison

A SCOTUS case that established judicial review and ruled that the Constitution is a law. Sparked by Jefferson refusing to inaugurate judges that had been approved under Addams. SCOTUS ruled that Marbury did not have to be inaugurated because the law that allowed him to be appointed was unconstitutional, and made that law void. Ruling strengthened the checks and balances system.

Federalist 10

Paper written by James Madison that advocated for the Constitution as a way to check factions in the government by allowing other factions to rise up. According to Madison, this would cause the factions to fight each other instead of undermining liberty, therefore preserving freedom.

Federalist 51

Paper written by James Madison and Alexander Hamilton that advocated for the Constitution by highlighting the systems of Checks and Balances and Separation of Powers as a way to prevent tyranny.

Devolution

The transfer of federal power to the states.

US v. Morrison

A SCOTUS case that limited how the Interstate Commerce Clause could be used. Sparked by a rape victim suing her rapists under the Violence Against Women Act. SCOTUS struck down the law and ruled that the Interstate Commerce Clause was not applicable.

Direct Democracy

A form of Government where every citizen is directly represented at the government level.

Popular Sovereignty

A concept wherein the leaders of a state are sustained by the people they govern.

Articles of Confederation

The failed first Constitution of the US. It did not give the central government enough power and caused chaos.

Locke

A philosopher who said that each person has a set of natural rights that the government should not be able to take away. Also said that people consent to be governed, and therefore can overthrow their government if their rights are being taken away.

Rousseau

A philosopher who said that society is bad because of the rules that it imposes on people. Valued freedom above all else.

Interstate Commerce Clause

Article 1 Section 8 of the Constitution, gives Congress the right to regulate interstate commerce, but does not clearly define what interstate commerce is. Has led to the clause being used as an excuse to stretch the limitations of Federal Government power.

Supremacy Clause

Article 6 of the Constitution, gives Federal laws superiority over state laws in all cases.

Amendment Process

Approved by 2/3 of House, 2/3 of Senate, ¾ of states. Makes it difficult for bad/tyrannical amendments to become part of the Constitution.

Denied Powers

Article 1 Section 10 of the Constitution, powers that are explicitly denied to the states.

McCulloch v. Maryland

A SCOTUS case that strengthened the Federal Government. Sparked by Maryland taxing the National Bank, SCOTUS ruled that the Federal Government had the power to establish National Banks which were above state-level taxation. Took power away from the states and gave it to the Federal Government.

Cooperative Federalism

A type of Federalism where the federal government and state government work together on policies and do not have clearly defined limitations on what they can do. Both levels of government govern the same thing, often encroaching on one another

Categorical Grant

A grant given to the states with strict rules on how the money can be spent. Heavily restricts the use of the money to what the Federal Government wants.

Unfunded Mandate

A legal directive from the Federal Government to the states that does not come with a grant or money that can be spent to fulfill the directive.

Preamble

The goals and introduction of the Constitution.

Article 1

The part of the Constitution that outlines the legislative branch, gives it power to make laws, investigate things, oversee government bodie, approve appointments, deal with impeachment.

Article 2

The part of the Constitution that outlines the executive branch, gives it power to enforce laws, make appointments, command the military, and handle diplomacy.

Article 3

The part of the Constitution that outlines the judicial branch, gives it power to interpret and review laws, and gives due process.

Article 4

The part of the Constitution that outlines state and federal relations.

Article 5

The part of the Constitution that outlines the Amendment process.

Article 6

The part of the Constitution that outlines the Supremacy Clause.

Article 7

The part of the Constitution that outlines how ratification works, requiring 9/13 of the colonies to ratify for it to take effect.