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Enlightenment Philosophies
Natural Rights
Social Contract
Popular Sovereignty
Republicanism
Natural Rights
Rights people are born with; the Declaration names life, liberty, and the pursuit of happiness.
Social contract
People give government authority in exchange for protection of their rights; they may change a government that violates them.
Popular sovereignty
Government gets its authority from the people.
Republicanism
The people elect representatives to govern for them.
Declaration of Independence
Declared independence from Britain using natural rights, consent of the governed, and the people’s right to change an abusive government.
Gettysburg Address
Lincoln’s speech calling Americans to preserve a nation founded on equality and government by the people.
Declaration vs. Gettysburg Address
Both emphasize equality and rule by the people. The Declaration explains why to form a new nation; Lincoln calls for preserving it and fulfilling its promise.
Participatory democracy
Ordinary people take an active, direct role in politics.
Pluralist democracy
Many competing groups influence government;
Elite democracy
A small group of powerful people has the most political influence.
Faction
A group with a shared interest that may act against others’ rights or the public good. (Interest Group)
Federalist No. 10
Madison says factions are unavoidable; a large republic with many competing interests helps control their harmful effects.
Why not eliminate factions?
Eliminating their causes would require taking away liberty or making everyone think alike.
Brutus No. 1
An Anti-Federalist essay warning that a large, powerful national republic would be too distant from the people and weaken the states.
Brutus No. 1 and the Elastic Clause
Brutus feared Congress would use the Necessary and Proper Clause to expand national power.
Federalist No. 51
Madison says separation of powers and checks and balances help prevent any one part of government from becoming too powerful.
Separation of powers
Dividing national power among the legislative, executive, and judicial branches.
Checks and balances
Each branch has powers that limit the other branches; for example, the president can veto a bill and Congress can override the veto.
Federalist No. 39
Madison argues the Constitution creates a republic that is partly national and partly federal, with both the people and states playing roles.
Fears of the founders
They feared tyranny, factions harming others’ rights, and a national government too weak to govern effectively.
Articles of Confederation
The first U.S. governing system; states kept most power and the national government was weak.
Major weaknesses of the Articles
Powers were too weak, they couldn’t tax, support an army, and they were reliant on states to do things because they couldn’t force anything - the states didnt do anything extra to help
Shays’ Rebellion
An uprising of indebted Massachusetts farmers in 1786–1787. It exposed weaknesses in the government under the Articles.
Why did Shays’ Rebellion worry the founders?
They feared disorder could spread and the national government lacked the resources to respond effectively.
Constitutional Convention
Delegates met in Philadelphia in 1787 to revise the Articles but instead wrote a new Constitution.
Virginia Plan
A proposal favoring large states, with representation in Congress based on population.
New Jersey Plan
A proposal favoring small states, with equal state representation in a one-house legislature.
Great Compromise (Connecticut Compromise)
Created a two-house Congress: population determines House representation; every state gets two senators.
Three-Fifths Compromise
Counted three-fifths of enslaved people for House representation and direct-tax apportionment, increasing slaveholding states’ representation.
Electoral College
The system in which electors chosen by states select the president.
Federalism
The division of power between the national and state governments, with some powers shared.
Federalism vs. separation of powers
Federalism divides power between national and state governments; separation of powers divides national power among three branches.
Article V
Sets the process for amending the Constitution.
Usual amendment process
Two-thirds of both houses of Congress propose an amendment; three-fourths of the states ratify it.
Article VII
Said conventions in nine states could ratify the Constitution for those states.
Federalists
Supported ratification and argued the country needed a stronger national government with safeguards against abuse.
Anti-Federalists
Opposed ratification because they feared excessive national power, weaker states, and too few explicit protections for rights.
Bill of Rights
The first ten amendments; they protect individual liberties and limit government power.
Debate over the Bill of Rights
Anti-Federalists wanted written protections. Some Federalists said listing rights was unnecessary and might leave unlisted rights vulnerable.
Enumerated powers (expressed or delegated powers)
Powers the Constitution explicitly gives the national government, such as declaring war and regulating interstate commerce.
Implied powers
Powers not stated directly but reasonably used to carry out an enumerated power.
Reserved powers
Powers left to the states or the people
Concurrent powers
Powers both national and state governments have, such as taxing and establishing courts.
Prohibited powers
Powers the Constitution forbids a government from using; for example, states cannot coin money.
Police powers
State authority to make laws protecting health, safety, and welfare.
Unitary government
A system in which the central government holds the main governing authority.
10th Amendment
Powers not given to the national government are reserved to the states or the people.
14th Amendment
States must provide Due Process
Full Faith and Credit Clause
States generally must respect other states public acts, records, and court judgments.
Privileges and Immunities Clause
States generally cannot unfairly discriminate against citizens of other states regarding basic rights.
Extradition
The return of a person accused of a crime to the state where the alleged crime occurred.
Necessary and Proper Clause (Elastic Clause)
Lets Congress pass laws needed to carry out its enumerated powers; a basis for implied powers.
Supremacy Clause
The Constitution and federal laws are the supreme law of the land (federal law>State law)
Commerce Clause
Gives Congress power to regulate commerce among the states and with foreign nations and Native American tribes.
McCulloch v. Maryland (1819)
Congress created a national bank, and Maryland tried to tax it. The Court said Congress could create the bank under the Necessary and Proper Clause (an implied power), and Maryland could not tax it because of the Supremacy Clause. National power expanded.
U.S. v. Lopez (1995)
The Gun-Free School Zones Act made it a federal crime to bring a gun near a school. The Court ruled that Congress had exceeded its power under the Commerce Clause because possessing a gun near a school was not, by itself, interstate commerce. National power was limited.
Dual federalism
National and state governments mostly handle separate jobs. (layer cake federalism)
Cooperative federalism
National and state governments work together on shared programs; “marble-cake” federalism.
Fiscal federalism
The national government gives states money, often with rules for using it. (“Here’s funding for this program”)
New federalism
More decisions and responsibilities are returned to the states. (devolution)
Devolution
Moving responsibilities from the national government back to state or local governments.
Grants-in-aid
Federal money given to state or local governments for programs.
Categorical grants
Grants for a specific purpose with detailed federal rules.
Block grants
Grants for a broad purpose that give states more choice in how to spend the money.
Categorical vs. block grants
Categorical grants have more specific rules; block grants give states more flexibility.
Federal mandate
A federal requirement that states or local governments must follow.
Unfunded mandate
A federal requirement for which the government does not provide enough money to cover the cost.
Revenue sharing
Federal tax money distributed to state or local governments with few restrictions.
South Dakota v. Dole (1987)
The Court allowed Congress to withhold some federal highway money from states that did not adopt a drinking age of 21.
Whiskey Rebellion
A 1794 protest against a federal whiskey tax; the national government’s response showed its greater strength under the Constitution.
Compact theory
The view that states agreed to create the national government and retained important authority.
Nullification
The claim that a state may declare a federal law invalid (Not actually allowed)
Americans with Disabilities Act (ADA)
A federal law requiring protections against disability discrimination, including accessibility in public services.