Constitutional Foundations Key Terms

John Locke

• ideas on natural rights, the social contract, the separation of powers

• Defends the idea that individuals possess natural rights to life, liberty, and property and governments are formed through a social contract to protect these rights

• Influenced by the enlightenment

• Big part of the declaration of independence

Participatory Democracy

• a form of government in which citizens participate individually and directly in political decisions and policies that affect their lives, rather than through elected representatives

Pluralist Democracy

• a form representative democracy in which power is distributed among many different interest groups, rather than being concentrated in the hands of a few elites.

Elite Democracy

• a small number of people, usually the wealthy and well educated, influence political decision making

Representative Democracy

• Citizens elect representatives to make decisions and govern on their behalf

Direct Democracy

• the electorate directly decides on policy initiatives, without elected representatives as proxies

Articles of Confederation

• Established a weak central government primarily focused on coordinating the states’ efforts in wartime and foreign affairs.

  • Central government lacked the power to enforce laws, regulate trade, or raise taxes, making it difficult to maintain a stable economy and defend the nationand communities. This led to challenges in governance and prompted calls for a stronger federal structure.

(Daniel) Shay’s Rebellion

• An armed uprising led by Revolutionary War veteran. Stemmed from economic hardship and debt among farmers who struggled to pay high taxes and debts incurred during the war.

Constitutional Convention of 1787

• to address the weaknesses of the Articles of Confederation and establish a more effective national government

Virginia Plan

• outlined a plan for a stronger central government with three branches, a bicameral legislature, and representation based on population

• Proposed at the Constitutional Convention, it favored larger states by suggesting that representation in both houses of Congress be based on population size, hence increasing their influence in the legislative process.

New Jersey Plan

• aimed to create a government structure that favored smaller states by ensuring equal representation in Congress, regardless of population

Connecticut (Great) Compromise

• combination of Virginia Plan and New Jersey Plan

  • provided for a bicameral legislature, with representation in the House of Representatives according to population and in the Senate equal number for each state

  • resolved disputes between larger and smaller states during the Constitutional Convention by establishing a dual system of representation.

Three-Fifths Compromise

• a controversial agreement reached to determine how enslaved people would be counted for representation and taxation purposes

  • for every five slaves, three would be counted towards the state’s population

Federalist 10

• addressed how to reconcile citizens with interests contrary to the rights of others or inimical to the interests of the community as a whole

• Written by James Madison

• writes on how factions with check other factions

Federalist 51

• addressed the separation of powers, the federal structure of government and the maintenance of checks and balances “opposite and rival interests” within the national government

• Written by James Madison

• emphasizes the necessity of a strong government to control factions and prevent tyranny. It argues that a system of checks and balances is essential to protect liberty and maintain order.

Federalist 70

• argued that a unitary executive was a necessary ingredient for a quick, decisive executive to conduct war.

• stressed the capability of the US to respond to foreign attacks and aggression

• Written by Alexander Hamilton

Federalist 78

• defends the judiciary and the power of judicial review.

• argued that the federal courts have the authority to determine if laws passed by Congress are constitutional and to declare them void if they conflict with the constitution

• Written by Alexander Hamilton

Brutus 1

• anti-federalist paper

• argued against the US Constitution, fearing a strong central government could erode personal liberty and state power

• argued for smaller, more localized governance, believing it better protects individual rights and prevents tyranny

Branches of Government

• legislative:

  • responsible for making laws, split into a bicameral system: Senate and House of Representatives

• executive

  • responsible for enforcing and carrying out laws

  • led by the president

• judicial

  • interprets laws, ensures they are followed, and revies whether they are constitutional, acting as a check on the other branches of the government

Enumerated / Expressed Powers

• specific powers granted to the US government by the constitution, primarily outlined in AI, S8

• These powers include taxation, regulation of commerce, and the ability to declare war.

Implied Powers (Necessary and Proper Clause)

• political powers granted to the US government that are not explicitly stated in the constitution but are inferred from it

• powers not specifically listed in the Constitution but derived from the elastic clause, allowing Congress to carry out its enumerated powers.

Executive Orders

• official documents through which the president of the US manages the operations of the federal government

Executive Agreements

• international pacts made by the US president without requiring Senate approval, unlike treaties

• binding under international laws, and can cover wide ranges of issues, from trade to defense

Judicial Review

• the power of the courts to examine actions by the legislative and executive branches of government to determine if they align with the Constitution

Federalism

• a system of government where power is divided between a national government and regional government, like states or provinces

Delegated Federalism

• assigns tasks, duties, rights, or authority from one person to another, typically from a supervisor to a subordinate

Enumerated Federalism

• a system where the federal government’s powers are explicitly listed in the Constitution, with states having reserved powers not delegated to the federal government

Reserved Powers

• powers not specifically delegated to the federal government, nor prohibited to the states, by the US Constitution

Concurrent Powers

• a system where both the federal and state governments possess and exercise certain powers simultaneously within the same territory

Full Faith and Credit Clause

• (AIV, S1)

• requires states to respect the public acts, records, and judicial proceedings of other states

• if legal action / judgement is valid in one state, is must be recognized and enforced in other states

Supremacy Clause

• AVI, C2

• federal law is the “supreme law of the land” and takes precedence over state laws

Privileges and Immunities Clause

• AIV, S2, C1

  citizens of each state are entitled to the same privileges and immunities are citizens of other states

  • 14th amendment: equal protection under the law

Federal Gov can’t Suspend Writ of Habeas Corpus

• the government can’t detain individuals without the need to bring them before a judge to determine the legality of their detention

  • allows for extended detention without judicial review

Federal Gov can’t Bill of Attainder

• laws that declare someone guilty without a trial is not allowed

Federal Gov can’t pass Ex Post Facto laws

• governments can’t create / enact laws that retroactively punish someone for an act that was legal at the time it was committed, or increase the penalty for a crime after it was committed

Categorical Federal Grants

• financial aid from federal gov to state / local gov, but specifically for a particular purpose / program

  • strict guidelines and requirements on how funds are used

  • medicaid, highway programs, certain education grants (FASFA)

Block Federal Grants

• the Federal Government gives funding to state / local government for broad, defined purposes

  • flexible

  • new federalism

  • law enfenforcement, public health, community development

    • Temporary Assistance for Needy Families (TANF)

Separation of Powers

• dividing government authority among three branches

  • legislative (law making, congress)

  • executive (law enforcing, president)

  • judicial (law interpreting, courts)

Checks and Balances

• a system where different parts of a government have powers that can limit / control the actions of other branches

  • executive can veto laws passed by executive, but can be overridden with a two-thirds vote

  • SC can declare laws passed by congress or actions of the president unconstitutional (judicial review)

  • congress can impeach and remove the president or federal judges

How to become Ambassador

• first, president selects

• second, senate confirms with simple majority

Treaty Enactment

• the president negotiates treaties with foreign nations.

• senate must ratify them by a two-thirds vote