Foundations of Government & Civil Liberties: U.S. Constitution, Rights, and Political Theory

Articles of Confederation

First U.S. constitution; weak central government.

Constitutional Convention

1787 meeting that produced the U.S. Constitution.

Great Compromise

Combined Virginia and New Jersey Plans; bicameral legislature.

Federalist Papers (10, 46, 51)

Essays defending the Constitution; discussed factions, federalism, and checks and balances.

Virginia Plan

Representation based on population.

New Jersey Plan

Equal representation for each state.

Three-Fifths Compromise

Counted enslaved people as 3/5 of a person for representation.

Full Faith and Credit Clause

States must honor each other's laws and court decisions.

Commerce Clause

Congress regulates interstate and international trade.

Necessary and Proper Clause

Grants Congress implied powers.

Supremacy Clause

Federal law overrides state law.

Establishment Clause

Prohibits government-endorsed religion.

Free Exercise Clause

Protects religious practice.

Bill of Rights

First 10 amendments; guarantees civil liberties.

Article I, II, III

Define powers of legislative, executive, and judicial branches.

Civil Liberties

Freedoms protected from government interference.

Freedom of Speech/Press/Assembly/Petition

Core First Amendment rights.

Right to Privacy

Implied protection of personal autonomy.

Miranda Rule

Police must inform suspects of their rights.

Exclusionary Rule

Illegally obtained evidence is inadmissible.

Double Jeopardy

Can't be tried twice for the same crime.

Self-Incrimination

Protection from testifying against oneself.

Speedy Trial

Right to prompt legal proceedings.

Right to an Attorney

Guaranteed legal representation.

Cruel and Unusual Punishment

Prohibited by the Eighth Amendment.

Clear and Present Danger

Test for limiting speech.

Prior Restraint

Government censorship before publication.

Libel/Slander

False statements harming reputation.

Lemon Test

Determines if law violates Establishment Clause.

Strict Scrutiny

Highest level of judicial review.

Justice as Fairness

Rawls' theory of equitable distribution.

Veil of Ignorance

Thought experiment for fairness.

Maximin Principle

Choose best worst-case scenario.

Arete

Civic virtue or excellence.

State of Nature

Hypothetical pre-government condition.

Original Position

Rawls' unbiased decision-making model.

Just Exchange/Holdings/Transfer/Restoration

Components of distributive justice.

Entitlement Theory

Nozick's theory of justice in acquisition and transfer.

Prisoner's Dilemma

Incentives lead to suboptimal group outcomes.

Collective Action Problem

Difficulty coordinating group efforts.

Free Rider Problem

Benefiting without contributing.

Dominant Strategy

Best move regardless of others.

Nash Equilibrium

No one benefits from changing strategy alone.

Focal Point

Obvious solution aiding coordination.

Costly Signals

Credible actions showing intent.

Punishing Signal

Strategy to deter bad behavior.

Separating Behavior

Reveals true type.

Pooling Behavior

Conceals true type.

Federalism

Power divided between national and state governments.

Dual Federalism

Clear division of powers.

Cooperative Federalism

Shared responsibilities.

New Federalism

Power shift back to states.

Unitary System

Centralized government.

Confederal System

Loose union of states.

Concurrent Powers

Shared powers.

Reserved Powers

State-only powers.

Expressed Powers

Explicit constitutional powers.

Implied Powers

Powers needed to carry out expressed powers.

Police Power

State authority over health, safety, morals.

Executive Privilege

President's right to withhold info.

Veto Power

President's rejection of legislation.

Judicial Review

Courts can strike down unconstitutional laws.

American Revolution

War for independence.

French and Indian War

Led to British taxation.

Stamp Act/Tea Act

Colonial unrest over British taxes.

Intolerable Acts

Punishment after Boston Tea Party.

Shay's Rebellion

Exposed Articles' weaknesses.

Annapolis Convention

Led to Constitutional Convention.

REACH Act of 2021

SC law affecting curriculum.

Morrill Land Grant Act

Land for colleges.

Benign Neglect

British policy of ignoring colonies.

Home Rule

Local self-government.

Agenda Power

Control over what gets discussed.

Decisiveness Rules

Procedures for making decisions.

Institutional Principle

Rules shape behavior.

History Principle

Past decisions influence present.

Policy Principle

Outcomes = preferences + procedures.

Rationality Principle

People act in self-interest.

Principal-Agent Relationship

Delegation with potential conflict.

Transaction Costs

Effort required to make decisions.

Transactive Memory

Shared system for remembering info.