Unit I Foundations of American Democracy

Federalism

A feature of the U.S. government based upon a sharing of power between the three levels: federal, state and local governments.

The Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

The Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Wickard v. Filburn (1942)

In this case, the Supreme Court maintained the most expansive and encompassing interpretation of the commerce clause. This case said that Congress' power extends even to inTRAstate commerce if inTERstate commerce could be affected by it. Also stated that individual non-activity in the marketplace is actionable if that activity could have a substantial effect on interstate commerce. (The Commerce Clause has since been limited in United States v. Lopez, 1995)

US Government feature: Pluralist Democracy

a model of democracy that stresses vigorous competition among various interests in a free society (Competition is refereed by the Separation of Powers)

Separation of Powers

the division of power among the legislative (make laws), executive (enforce laws), and judicial (interpret laws) branches of government

Checks and Balances (Examples)

A system that allows each branch of government to limit (check) the powers of the other branches in order to prevent an abuse of power. (Veto of legislation by president, Senate confirmation of presidential judicial nominations, Veto override of legislation by 2/3's of Congress, impeachment of president by Congress, treaty must be ratified by Senate, judicial review, constitutional amendments etc, etc)

Problems with the Articles of Confederation

Unicameral- each state has 1 vote

No national judicial or national executive branch

No ability to call an army to put down rebellions

Congress could not tax or regulate trade

Each state had only one vote regardless of population size

All 13 state required to approve amendments

Declaration of Independence (Ideas Inherently within)

1776 statement, issued by the Second Continental Congress, explaining why the colonies wanted independence from Britain. (Government created to serve people, governments instituted for the benefit of the people, natural right remains to abolish the government when it ceases to serve the interests of the people)

Social Contract

An implicit agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules. We give up some rights to secure communal and societal order.

Natural Rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

The Enlightenment

A movement in the 18th century that advocated the use of reason in the reappraisal of accepted ideas and social institutions.

Shay's Rebellion (1786)

This Massachusetts violent and armed rebellion by indebted farmers caused criticism of the Articles of Confederation; the federal government could not raise an army; the federal government was unable to correct the failing economy; increased calls for a Constitutional Convention to revise the Articles

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures.

Anti-Federalsits

Opponents of the American Constitution at the time when the states were contemplating its adoption. Their arguments included: it was an elitist document, it would erode fundamental liberties; and it would erode the power of the states, the "Necessary and Proper" clause was too vague and encompassing.

Great Compromise (Connecticut Compromise)

1787

*Called for a bicameral legislative system in which the House of Representatives would be based on population and the Senate would have equal representation in Congress

*Combined pieces of the New Jersey Plan, the Virginia Plan, and other proposals

*Included the Three-Fifths Compromise, which counted slaves as three-fifths of a person for the purposes of apportioning representation and called for direct taxation on the states

3/5ths Compromise

Slaves during the census would be counted as 3/5ths of a person towards representation in the House of Representatives and for taxation purposes. Since there were more slaves in the South, this gave more political power to agricultural/southern states.

elite democracy (Examples)

a theory of democracy that limits the citizens role in choosing leaders (Electoral College, Appointment of Senators by State legislatures etc). Government leaders are too important, and the population too ignorant, for the people to directly choose who will govern society.

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 3). This is where 'implied powers' of the federal government come from. It states that Congress, in addition to its expressed (listed) powers, has the right to make all laws necessary and proper to carry out those expressed (listed) powers the Constitution vests in the national government.

Slave Importation Clause

Congress would have the power to ban the slave trade, but not until 1800. The constitutional convention voted to extend the date to 1808. Congress chose to ban the slave trade at the expiration of this clause.

Fugitive slave clause

Article IV, Section 2, Clause 3 of the Constitution, which stated that slaves who escaped must be returned to their owners.* The clause was later abolished by the Thirteenth Amendment

*Not to be confused with later acts of Congress: the Fugitive Slave Act of 1793 nor the Fugitive Slave Act of 1850.

Grand Committee

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

New Jersey Plan

A constitutional proposal that would have given each state one vote in a new congress

Participatory Democracy (US examples)

More people participating = a good thing. (Frequent elections, more people able to vote, initiatives, recalls, referendums etc)

The 10th Amendment to the US Constitution

is the "states' rights amendment"; it reserves all powers not delegated to the national government in the Constitution to the state governments. (A major principle of federalism)

Bill of Rights

First ten amendments to the Constitution; major source of civil liberties; applies/restricts state governments via "selective incorporation" (via due process clause of the 14th); states cannot deny any federally protected right/liberty; promised to Anti-Federalists to secure ratification of Constitution

McCulloch v. Maryland (1819)

the Supreme Court upheld the power of the national government to create a bank while denying the right of a state to tax the federal bank: the Supreme Court used the Constitution's supremacy clause to strike down a Massachusetts state law. In addition, the Court's broad interpretation of the necessary and proper clause (To carry out the listed powers given to Congress, ) was interpreted to mean that it can be implied that the Congress can take steps to finance such actions by creating a national bank) This case paved the way for later rulings upholding expansive federal powers

United States v. Lopez (1995)

The Commerce clause of Constitution does not give Congress the power to regulate guns near state-operated schools

enumerated powers (expressed powers)

those that are specifically granted to Congress in Article 1, section 8 of the Constitution, e.g., the power to tax. Also known as expressed powers. (Remember the Congress Power Tree we drew)

Implied Powers of Congress

powers that go beyond those enumerated in the constitution. "make all laws necessary and proper".

Expansive powers that are deemed necessary and proper are often cited for the national security of the United States.

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. It has been the vehicle for the expansion of civil rights (its why schools and private businesses were desegregated), women's rights, gay rights among other movements and discriminatory action. It also allowed for the "incorporation doctrine" which means the national Bill of Rights is applied against state governments/constitutions/laws through the Due Process (as well as the Supremacy) Clause.

Federalist 10

Topic = factions (interest groups). A majority faction will be controlled by a geographically large USA (because there will be many competing interest groups and better leaders will rise to the top since they must get elected by wider constituencies)...division of federal and state authorities allows for different arenas for special interests to compete in... Big republic will groom virtuous leaders/ statesmen (Of course this will require an educated population)

Federalist 51 (Madison)

"Ambition must be made to counteract ambition." "But what is government itself but the greatest of all reflections on human nature." "If men were angels.... they wouldn't need checks and balances." Give the constitution the means and personal motives to resist encroachment of the other branches (Separation of Powers). People are the primary check.

Federalist 52

Madison

Biennial Elections offer representatives in the House the requisite amount of time to get work done as well as being held responsible by the people in protecting the people's liberty.

Popular Sovereignty

A belief that ultimate power resides in the people. The people institute government, giving up some of their natural rights, in order to benefit the good of the entire community. --The people are ultimately the source of ALL government rule in this scenario (popular Sovereignty) and may abolish it if that government becomes destructive.

Limited Government

A principle of CONSTITUTIONAL government; a government whose powers are defined and limited by a constitution. Usually, the government is assumed to have no power until the people willingly enter into a social contract of limited government.

Republicanism

A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of those who are governed.

Brutus 1

Anti Federalist. Written before the constitution was ratified; criticizes constitution; too much power in national government; Necessary and Proper Clause too broad, republic won't be able to survive bc it's too big. Argues for small decentralized government since it will be less likely to violate natural rights.

Access points in government which people can affect policy

legal action: sue for violation of constitutional rights (Judiciary). Contact legislators, petition government, donate to your candidate, corporate donations to candidate, vote, letters, participation in local, state government like planning commissions, city councils etc (legislative). Vote, write letters, petitions in support of impeachment, impeachment of executive officials by lobbying your congress representative, interaction with the large federal bureaucracy (Executive).

Impeachment and Removal

Impeachment is an accusation (indictment) of wrongdoing of a President (or other federal official) by the House of Representatives. Removal is trial and conviction by the Senate. (Example of checks and balances).

[House needs a simple majority to impeach (218 votes), Senate needs a 2/3's majority to remove (67 votes)]

Layer Cake Federalism

a way of describing the system of dual federalism in which there is a clear division of responsibilities between the state and the national governments. This was the early form of the federal government until the Great Depression.

Dual Federalism

Doctrine holding that the national government is supreme in its sphere, the states are supreme in theirs, and the two spheres should be kept separate. This was the early form of the federal government until the Great Depression.

Marble Cake Federalism

also known as cooperative federalism, it developed during the New Deal and is characterized by the federal government's becoming more involved in what was traditionally states' responsibility.

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.

Fiscal Federalism

The pattern of spending, taxing, and providing grants in the federal system; it has become the cornerstone of the national government's relations (and major political leverage) with state and local governments.

civil society

Organizations outside of the state (government) that help people define and advance their own interests. Groups that come together that advocate for policy. Schools and universities, labor unions, advocacy groups, professional associations, churches, and cultural institutions

Article I, Section 8

Enumerated (listed) powers...

The Congress shall have Power To...

Collect Taxes,

Borrow Money,

To regulate Commerce,

To establish Naturalization laws,

To coin Money,

To provide for the Punishment of counterfeiting ,

To establish Post Offices ,

To create courts,

To punish Piracies on the high Seas,

To declare War,

To raise and support Armies,

To provide and maintain a Navy;

To call forth the Militia,

To make all Laws which shall be necessary and proper

Article II

Executive Branch - Vests the authority of the executive in a single person with requisite checks and balances on him/her

Article III of the Constitution

Creates the Supreme Court but allows Congress to establish lower courts.

Article IV of the Constitution

Full Faith and Credit Clause: each state has to recognize laws, records and rulings of other states.

Article V

How to amend the Constitution

Article VI of the Constitution

"The Constitution, and the Laws of the United States...shall be the Supreme Law of the Land."

This establishes the federal government as supreme over state government.

Article VII: Ratification

The constitution would become the law of the land when approved by 9 of the 13 states the delegates to the convention signed the document on September 17, 1787, the Constitution became law in 1789

John Marshall

American jurist and politician who served as the chief justice of the U.S. Supreme Court (1801-1835) and helped establish the practice of judicial review.