Unit 1: Foundations of American Democracy

Democracy

A political system in which the supreme power lies in a body of citizens who can elect people to represent them. In a DIRECT democracy, there are no representatives.

Republic

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

Limited government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

Natural Rights

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

Popular Sovereignty

Rule by the people

Social Contract

A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.

Declaration of Independence

the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain. It lays out natural rights and the idea that the people have the right to abolish a government that abuses their rights.

U.S. Constitution

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

participatory democracy

a model of democracy in which citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions.

pluralist democracy

a model of democracy in which no one group dominates politics and organized groups compete with each other to influence policy.

elite democracy

is a model of democracy in which a small number of people, usually those who are wealthy and well-educated, influence political decision making.

Federalist 10

An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.

Brutus 1

An anti-federalist essay which argues that a large republic is dangerous to the rights of Americans as representatives aren't in touch with their needs. It also cautions against the power given to the federal government in the Constitution, warning against the tyranny of a few elected representatives.

Articles of Confederation

A weak constitution that governed America during the Revolutionary War.

Articles of Confederation weaknesses

•weak union (central gov.)

•no taxes imposed

•could not regulate trade

•no courts or President

Shays' Rebellion

led by Daniel Shays and farmers in western Massachusetts (1786-1787), protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.

Federalist

A term used to describe supporters of the Constitution during ratification debates in state legislatures. Federalists typically supported expanded powers of the federal government.

Anti-Federalists

Opponents of the American Constitution at the time when the states were contemplating its adoption. They feared the Constitution gave the federal government too much power.

Great Compromise

Agreement made by Constitutional Convention in which states would have equal representation in one house of the legislature and representation based on population in the other house

Electoral College

a body of people representing the states of the US, who formally cast votes for the election of the president and vice president. This is a classic example of elite democracy.

3/5 Compromise

the decision at the Constitutional convention to count slaves as 3/5 of a person for the purpose of deciding the population and determining how many seats each state would have in Congress

Article 5 of the Constitution

Outlines the process for amending or changing the Constitution

How to amend the constitution

an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. A proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States).

Federalist 51

part of the Federalist Papers

that addresses the checks and balances of government

advocates separation of powers. These are the ways for a government "to control itself."

Federalism

A system in which power is divided between the national and state governments

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

checks on the executive branch

Supreme Court can declare presidential acts unconstitutional, congress can override veto, congress can impeach, and congress must approve treaties and executive nominations

checks on the legislative branch

president can veto bills, Supreme court can declare legislation unconstitutional

checks on the judicial branch

pres. nominates judges, rewrite legislation, senate confirms, congress can impeach judges

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.

Mandates

terms set by the national government that states must meet whether or not they accept federal grants

federal revenue sharing

The practice of sharing federal income tax revenue with state and local governments

exclusive powers

Those powers that can be exercised by the National Government alone

Examples of exclusive powers of federal gov.

- Coin money

- make treaties with foreign states

- lay taxes on imports

-conduct interstate commerce

Examples of exclusive state powers

-policing

-conduct elections

-ratifying constitutional amendments

concurrent powers

powers shared by the national and state governments

concurrent powers examples

levy and collect taxes, borrow money, establish courts, define crimes and set punishments, claim private property for public use

Amendment 10

Powers not delegated to United States are reserved to the states or the people.

Amendment 14 (1868)

This granted citizenship to all persons born or naturalized in the US, which included former slaves. It defined citizenship within the US (date) and it determines that there shall be "equal protection under the law" so states cannot deprive people of their rights. This has given broad power to the federal government over time.

Commerce Clause

Clause stating that Congress can regulate interstate and international commerce.

Necessary and Proper Clause

Constitutional clause that gives congress the power to make all laws "necessary and proper" for executing its powers

enumerated powers

Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

implied powers

Powers inferred from the express powers that allow Congress to carry out its functions.

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law. This confirmed the supremacy of national over state government

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.

United States v. Lopez

1995 - The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly. One of few instances where we see federal encroachment over state power checked.

Patriot Act

A controversial law overwhelmingly passed by Congress in October 2001, after the terrorist attacks of September 11 on the World Trade Center and the Pentagon. It greatly expanded the power of federal law enforcement authorities to move against suspected terrorists.

Impeachment Process

Constitutional process for removing executive officers & judges for "treason, high crimes & misdemeanors" (whatever Congress thinks is impeachable). Two stages: (1) House decides to impeach (accuse) target (simple majority); (2) Senate holds trial to convict (2/3 majority). Trump, Johnson, and Clinton were impeached but not convicted. Nixon resigned as Articles of Impeachment were being drafted!