AP Gov Unit 1

rule of law

A nation is run in accordance with the law if it is run by laws rather than by men; the "law" as an entity is more important than the opinions or wishes of individuals and is a method of controlling/limiting government.

social contract

An implicit agreement between the people and their government signifying their consent to be governed.

consent of the governed

The idea that government derives its authority by sanction of the people.

Declaration of Independence

The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.

limited government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

natural rights

Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to English philosopher John Locke's theories about government and was widely accepted among America's Founders.

republic

A form of government in which the people select representatives to govern them and make laws.

participatory democracy

A theory of American democracy contending that citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions.

elitism (elite democracy)

A theory of American democracy contending that an upper-class group holds the power and makes policy, regardless of the formal governmental organization.

hyperpluralism

A theory of American democracy contending that groups are so strong that government, which gives in to the many different groups, is thereby weakened.

majority rule

A fundamental principle of traditional democratic theory that requires that the majority's desire be respected.

minority rights

A principle of traditional democratic theory that guarantees rights to those who do not belong to majorities.

pluralism (pluralist democracy)

A theory of American democracy emphasizing that the policymaking process is very open to the participation of all groups with shared interests, with no single group usually dominating. Pluralists tend to believe that as a result, public interest generally prevails.

representative democracy

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.

tyranny of the majority

The potential of a majority to monopolize power for its own gain to the detriment of minority rights and interests.

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

Federalists

Supporters of the U.S. Constitution at the time the states were contemplating its adoption.

Brutus I

Written to discourage ratification of the Constitution, the document examines the major complaints of the Constitution which are: 1.) too much power to national government via implied 2.) specter of the standing army 3.) presidency is too powerful 4.) lack of Bill of Rights 5.) national government rules over too large a nation 6.) courts are too powerful.

Federalist 10

Federalist Paper by James Madison analyzing Montesquieu's theory of the appropriate size of state. Madison believes a large state is suitable because factions are diluted over a large geographic area, allowing for the plurality of opinions and frustration of tyranny of the majority. Largest source of faction is unequal distribution of property.

factions

Groups such as parties or interest groups, which according to James Madison arose from the unequal distribution of property or wealth and had the potential to cause instability in government.

Article VI

Contains the Supremacy Clause, that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

necessary and proper clause

Clause in Article I, section 8 which allows Congress to stretch its other powers in section 8 to meet the changing needs of the nation. The "stretch" must relate to another specific expressed power of Congress in order to be Constitutional. Also called the "elastic clause."

confederation

An alliance of independent states with no centralized body of power.

Articles of Confederation

The first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. The Articles established a national legislature, the Continental Congress, but most authority rested with the state legislatures.

Shays' Rebellion

A series of attacks on courthouses by a small band of farmers led by a Revolutionary War Captain to block foreclosure proceedings.

Anti-Federalists

Opponents of the U.S. Constitution at the time when the states were contemplating its adoption.

Bill of Rights

The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.

bill of attainder

Legislation punishing people without a judicial trial.

Ninth Amendment

Rights retained to the people that are yet to be enumerated or written down.

Third Amendment

Ban against quartering of troops.

treason

This is defined in Article III. Congress can declare the punishment, but the courts will rule on it. To convict, it requires two witnesses to the same overt act or a confession in open court. It is very hard to prove…. because that was a favorite punishment of Kings.

eminent domain

The power of a government to take private property for public use; they must pay for the property.

preamble

Introduction to a constitution that typically lays out the rationale for the constitution; the U.S. Constitution begins: "We the People of the United States…"

amendment process

Proposal: amendment proposed by 2/3 vote of both houses of congress OR a constitutional convention called by congress on petition of 2/3 out of 50 states. Ratification: amendment ratified by 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states THEN the new amendment.

Article V

Location in the Constitution that describes the amendment process

Article VII

Location in the Constitution that describes ratification

Connecticut Compromise

The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population; and the Senate, in which each state has two representatives.

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.

ratification

Formal approval through consent or signing to a treaty, contract, or agreement.

Slave Trade Compromise

Prohibited Congress from making any law concerning the importation of slaves for 20 years.

Three-Fifths Compromise

Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Virginia Plan

The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state's share of the U.S. population.

Electoral College

A unique American institution created by the Constitution, providing for the selection of the president by electors chosen by the state parties. Less populated states are overrepresented and the winner-take-all rule concentrates campaigns on close states.

checks and balances

Features of the Constitution that limit government's power by requiring each branch to obtain the consent of the others for its actions, limiting and balancing power among the branches.

delegated powers

A way of defining power based on which branch of government holds that power. For example, executive power is given to the President and Vice President. Legislative power is given to the Congress.

denied powers

Some powers are specifically forbidden to the government in the Constitution. For example, the power to grant titles of nobility.

Federalist 51

Federalist paper by James Madison analyzing the addition of checks and balances to Montesquieu's call for separation of powers. Rests predominantly on states having inserted checks and balances as a way to frustrate the ambition of one branch (or man) by requiring the action of another branch (or man) to accomplish core actions of the office.

separation of powers

A feature of the Constitution that requires each of the three branches of government— executive, legislative, and judicial—to be relatively independent of the others so that one cannot control the others. Power is shared among these three institutions.

impeachment

The political equivalent of an indictment in criminal law, prescribed by the Constitution. The House of Representatives may impeach the president by a majority vote for "Treason, Bribery, or other high Crimes and Misdemeanors."

Article IV

Part of the Constitution that outlines the relationship among the states and between the national government and the states.

exclusive powers

Those powers that can be exercised by the National Government alone.

block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services.

categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

Commerce Clause

A significant power granted to Congress was the power to regulate trade between the states and with foreign nations. This power is one of the most frequently stretched powers using the necessary and proper clause.

concurrent powers

Political powers that are shared by both the state and federal governments.

federalism

A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.

fiscal federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.

Federal grants in aid

Programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government.

There are 2 major categories- categorical & block

privileges and immunities

The provision of the Constitution according citizens of each state the privileges of citizens of other states.

unfunded mandates

A statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements.

elastic clause

The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated powers.

enumerated powers

Powers of the federal government that are specifically addressed in the Constitution; for Congress, including the powers listed in Article I, Section 8, for example, to coin money and regulate its value and impose taxes.

implied powers

Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the statement in the Constitution that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I.

McCulloch v. Maryland (1819)

An 1819 Supreme Court decision that established the supremacy of the national government over state governments. The Court, led by Chief Justice John Marshall, held that Congress had certain implied powers in addition to the powers enumerated in the Constitution.

reserved powers

Political powers not granted to the federal government but specifically given to the states.

supremacy clause

The clause in Article VI of the Constitution that makes the Constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits.

Tenth Amendment

The constitutional amendment stating, "The powers not delegated to the United States by the Constitution,nor prohibited by it to the states, are reserved to the states respectively, or to the people."

United States v. Lopez (1995)

The national government's power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce (in this case, banning firearms in a school zone)

devolution

Transferring responsibility for policies from the federal government to state and local governments.

full faith and credit clause

A clause in Article IV of the Constitution requiring each state to recognize the public acts, records, and judicial proceedings of all other states.

Popular Sovereignty

A belief that ultimate power resides in the people.

Common Sense

A pamphlet written by Thomas Paine that claimed the colonies had a right to be an independent nation

Grand Committee

A group chosen to settle disputes between power in states at the Constitutional Convention. Led by Benjamin Franklin

USA Patriot Act

Legislation passed shortly after the terrorist attacks of September 11, 2001, that granted broad surveillance and detention authority to the government.

Constitutional Convention

Meeting in 1787 of the elected representatives of the thirteen original states to write the Constitution of the United States.

No Child Left Behind

2001 law that set high standards and measurable goals for education.

Stakeholders

Any persons or groups who will be affected by an action

Judicial Review

Allows the court to determine the constitutionality of laws

pocket veto

president's power to kill a bill, if Congress is not in session, by not signing it for 10 days

extradition clause

Part of Article IV that requires states to return criminals to states where they have been convicted or are to stand trial.

Police powers (reserved powers)

states' power to enact laws promoting health, safety, and morals

14th Amendment (1868)

Grants citizenship to "all persons born or naturalized in the US"; it forbids any state to deny any person "life, liberty or property, without due process of law" or to "deny to any person within its jurisdiction the equal protection of its laws." Most important law ever passed besides original Constitution and Bill of Rights.

Paris Agreement (2015)

Agreement made between the United Nations countries to cut down on the emissions of greenhouse gases in an attempt to slow down global warming.

Limited Government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

4th Amendment

Protection against Unreasonable Search and Seizure

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

7th Amendment

Right to a trial by jury in civil cases

8th Amendment

No cruel or unusual punishment

2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.