Foundations of American Democracy and Federalism

A collection of vocabulary flashcards covering key concepts and terms related to the foundations of American democracy, federalism, and the branches of government.

Brutus #1

An Anti-Federalist paper arguing against the Constitution's strong central government, fearing it would overwhelm states due to the Supremacy Clause and that representatives in a large republic would be too far from the people.

Federalist #10

An essay by James Madison that defends the form of republican government established by the Constitution. It argues that factions are unavoidable but can be controlled in a large republic where many competing groups make it harder for one faction to dominate, thus protecting minority rights (pluralism).

Federalist #51

An essay that explains the need for checks and balances in government.

Supreme Court Case: McCulloch v. Maryland

A landmark case that established the principle of federal supremacy over state laws and validated the concept of implied powers through the Necessary and Proper Clause, expanding national power. It ruled that states cannot tax or undermine legitimate federal institutions, reinforcing national supremacy ('More power to Congress').

Supreme Court Case: U.S. v. Lopez

A significant case where the Supreme Court ruled on the limits of federal power under the Commerce Clause, deciding Congress had overstepped its authority. This case reinforced reserved powers for states ('Limit commerce clause').

Supreme Court Case: Marbury v. Madison

A landmark case that established the principle of judicial review, allowing the Supreme Court to declare acts of Congress unconstitutional.

Popular Sovereignty

The principle that government is created and sustained by the consent of its people (consent of the governed), rejecting the divine right of kings. This is demonstrated today through voting, elections, public opinion, petitions, protests, and jury duty.

Social Contract

A theory that individuals give up some personal freedoms for the benefit of a society.

Bicameralism

A legislative body with two chambers (House of Representatives based on population and Senate with equal representation), as established in the Great Compromise. In impeachment, the House brings the charges, and the Senate tries/convicts (removes), with the Chief Justice presiding if the President is on trial.

Factions

Groups of individuals, such as political parties or interest groups, that form to pursue their interests.

Supremacy Clause

A clause stating that the Constitution, federal laws, and treaties are the supreme law of the land, overriding state laws when in conflict. If a valid federal law conflicts with state law, the federal law wins (e.g., federal government striking down conflicting state immigration laws).

Federalism

A system of government where power is divided between a central authority (national) and constituent political units (state governments).

Delegated powers

Powers specifically granted to the federal government by the Constitution.

Reserved powers

Powers not granted to the federal government and thus reserved to the states, as stated in the 10th Amendment.

Concurrent powers

Powers that are shared by both the federal and state governments, allowing both to act in the same policy area (e.g., taxing, creating courts, enforcing laws).

Enumerated powers

Specific powers granted to Congress in Article I, Section 8 of the Constitution (e.g., coining money, regulating commerce).

Implied powers

Powers not explicitly stated in the Constitution but inferred as necessary to achieve the objectives of the national government, derived primarily from the Necessary and Proper Clause.

Necessary and Proper Clause (Elastic Clause)

Article I, Section 8, Clause 18 of the Constitution, granting Congress the power to pass all laws "necessary and proper" for carrying out the enumerated powers.

Full Faith and Credit Clause

Article IV, Section 1 of the Constitution, requiring states to recognize the public acts, records, and judicial proceedings of every other state.

Privileges and Immunities Clause

Article IV, Section 2 of the Constitution, preventing states from discriminating against citizens of other states.

Declaration of Independence

A document asserting the independence of the American colonies from Great Britain and articulating principles of liberty and self-governance, including the idea that government power comes from the people (consent of the governed).

Articles of Confederation

The first governing document of the United States, adopted in 1781, characterized by a weak central government and strong state powers. Its weaknesses, such as no strong national military power and inability to effectively respond to crises like Shays' Rebellion, highlighted the need for a stronger national government.

Shay's Rebellion

An armed uprising by farmers in Massachusetts (1786-1787) that exposed the weaknesses of the Articles of Confederation, showing the national government's inability to handle internal unrest and the lack of a strong national military power, thus highlighting the need for a stronger national government.

Great Compromise (Connecticut Compromise)

An agreement during the Constitutional Convention that established a bicameral legislature, with the House of Representatives based on population and the Senate with equal representation for each state.

Due Process Clause (14th Amendment)

A clause in the 14th Amendment guaranteeing that no state shall deprive any person of life, liberty, or property, without due process of law.

Equal Protection Clause (14th Amendment)

A clause in the 14th Amendment prohibiting states from denying any person within their jurisdiction the equal protection of the laws.

Article I of the Constitution

Establishes the legislative branch (Congress), including its powers and structure.

Congress

The bicameral legislature of the United States, responsible for making laws and controlling the budget.

Gridlock

A situation in which Congress cannot agree on legislation, resulting in inaction.

Article II of the Constitution

Defines the executive branch and the powers of the President.

Bully Pulpit

The President's use of their prominent position and public visibility (including media/social media) to influence public opinion, pressure Congress/public, communicate directly (no gatekeepers), set the agenda quickly, and mobilize supporters. (e.g., Theodore Roosevelt using newsreels).

Article III of the Constitution

Establishes the judicial branch of the government.

Presidential judicial appointments

Selections made by the President to fill vacancies in the federal judiciary, which often reflect the President's ideology, subject to Senate confirmation.

Senate challenges to Presidential Appointments

The process by which the Senate exercises its power to confirm or deny presidential appointments to the judiciary, ambassadors, or cabinet members. Refusing hearings/votes is a major check.

Limited Government

The principle that the government's power is restricted by the Constitution, meaning it can only exercise powers specifically allowed by the Constitution, checks and balances, and federalism.

Checks and Balances

A fundamental principle of the U.S. Constitution where each branch of government has tools to limit and oversee the actions of the others, preventing tyranny. Examples: Congress (impeachment, oversight, confirmation, budget), President (veto, commander in chief, appointments), Courts (judicial review).

Impeachment Process

The formal procedure where the House of Representatives brings charges against a civil officer (impeaches), and the Senate conducts the trial, with a two-thirds vote required for conviction and removal from office; for a presidential trial, the Chief Justice presides.

Separation of Powers

The division of governmental responsibilities into distinct branches (legislative, executive, and judicial) to prevent tyranny. 'Friction' between branches (e.g., President threatening executive orders when Congress won't pass laws) is a normal outcome.

Electoral College

A system where the President and Vice President are chosen by electors representing each state, with the number of electors based on the state's congressional representation, reflecting both the 'union of people' (House) and 'union of states' (Senate).

Federalist #70

An essay by Alexander Hamilton arguing for a strong, energetic, and unitary executive (President) who can act quickly and decisively in crises. Unity makes accountability clearer (makes it easier to trace blame/credit).

Washington's Farewell Address

A cautionary statement from George Washington warning against the 'spirit of party' because political parties can become destructive, cause polarization/gridlock, and put party loyalty over national interest.

Congressional Checks on the President

Congress can check the President's foreign/military actions (e.g., voting to remove forces from hostilities not authorized by Congress), and the Senate confirms presidential appointments (Supreme Court nominees, ambassadors, cabinet members), and can delay/block nominees.

Redistricting

The process of redrawing electoral district boundaries, typically for the House of Representatives, every ten years following the U.S. Census to reflect population shifts.

Gerrymandering

The manipulative practice of drawing electoral district boundaries to create an unfair political advantage for one party, group, or incumbent over another. Racial gerrymandering (where race is the predominant factor) is likely to be challenged using the Equal Protection Clause.

Presidential Formal Powers

Powers explicitly enumerated in Article II of the Constitution granted to the President, such as Commander-in-Chief, treaty-making (needs Senate ratification), appointments, and veto power.

Presidential Informal Powers

Powers not explicitly stated in the Constitution but derived from the President's formal powers, duties, or political influence, such as using the bully pulpit, issuing executive agreements, and executive orders.

Executive Agreement

An international agreement between the President and the head of a foreign state that does not require Senate ratification, often used for routine administrative matters or to bypass the treaty process. They have grown over time as a faster, more flexible tool for foreign policy than treaties.

Bureaucracy (Federal)

The hierarchical structure of departments, agencies, and public servants within the Executive Branch that implements laws, writes/enforces regulations, and responds to executive orders by adjusting rules and enforcement.

Stare Decisis

A Latin phrase meaning 'let the decision stand.' It is a legal doctrine requiring judges to follow precedent, meaning they must rely on earlier decisions for consistency when making new rulings, especially on issues like the Commerce Clause.

Legislative Checks on Judiciary

Mechanisms by which Congress can limit the power of the federal judiciary, including impeaching/removing federal judges, confirming judicial appointments, and setting the number/structure of lower courts.

Judicial Checks on Legislature

The power of the federal judiciary to review actions of Congress, including declaring an entire law or a part of a law unconstitutional, and interpreting the meaning and scope of laws.

Supreme Court and Economic/Federal Power

The Supreme Court's decisions, such as McCulloch v. Maryland, have expanded federal power over the economy via implied powers and national supremacy. Economic thinkers like Adam Smith, who favored less regulation, would likely criticize federal expansion/regulation.

Friction between Branches

The normal resistance that occurs when branches attempt to check each other, such as the President threatening executive orders when Congress won't pass desired laws or the Senate delaying/blocking nominees, affecting the President's influence on the judiciary.

Supreme Court Case: Engel v. Vitale (1962)

The case involved a public school in New York sponsoring a voluntary, nondenominational prayer. The Supreme Court issue was whether calling upon school children to recite a prayer violated the Establishment Clause of the First Amendment. The Court ruled it was unconstitutional because government (public schools) cannot compose or endorse religious prayer, upholding the separation of church and state.

Supreme Court Case: Wisconsin v. Yoder (1972)

The case involved Amish families who refused to send their children to public high school after 8th grade due to their religious beliefs. The Supreme Court issue was whether the state could force school attendance if it burdened the Free Exercise Clause of the First Amendment. The Court ruled that the state could not compel attendance, granting an exemption, because the law seriously burdened sincere religious practice and the state's interest in education did not outweigh the religious freedom here.

Comparison of Engel v. Vitale and Wisconsin v. Yoder

Both cases involve the First Amendment's religion clauses, showing the Court deciding the extent of government power when religion is involved. However, Engel (Establishment Clause) limits government actions that promote religion (school-sponsored prayer), while Yoder (Free Exercise Clause) limits government actions that interfere with religious practice (mandatory high school attendance for Amish).

Union of States vs. Union of People

The U.S. is both a union of states and people. The House of Representatives is based on population ('union of people'), while the Senate provides equal representation for each state ('union of states'). The Electoral College system also reflects the 'union of states' idea by granting states a significant role in choosing the president.

Weaknesses of the Articles of Confederation

The inherent flaws of the first U.S. governing document, including a weak central government unable to tax, enforce laws, or raise a sufficient military, as highlighted by events like Shays' Rebellion.

Racial Gerrymandering

The drawing of electoral district lines where race is the primary factor, often challenged in court as potentially violating the Equal Protection Clause of the 14th Amendment.