ESBR AP GOV 2022 - Constitutional Foundations

Brutus 1

This argued that a large republic would be undemocratic, with an unaccountable national government that would take power away from the states. The author of this document was an anti-Federalist opposed to ratifying the Constitution in 1787-88.

Articles of Confederation

This was the loose alliance or "League of Friendship" that governed the US from 1777 to 1789. There was no president or national court system, and a unicameral legislature was the main national institution. Each state had one vote in the Articles Congress, and passage of most bills required 9 of 13 states to agree. Amending the Articles required 13 of 13 states to agree.

Federalist 51

This outlines the principles of federalism and checks and balances as the basis for political freedoms. This also argues for the division of congress into two chambers, the empowering of the president with a veto and the need to have federal judges with life terms and a constitutional prohibition on congress reducing judges' pay. This argues that a "double security" for the people's liberty arises from the system of federalism: the state governments can limit the abuses of the national government and vice versa.

Federalist 10

This argues that only large republics will be able to control the "mischiefs of faction." In an extended republic there will be so many factions that no one faction will likely dominate. Republican (indirect democracy) also means that there will be a group of elected officials who can filter out the worst impulses of the mob of common citizens.

Popular Sovereignty

The idea that all legitimate political authority is grounded in the people. This is the basis of republican and representative forms of government and challenges the legitimacy of authoritarian and monarchical forms of government.

Declaration of Independence

This was an early example of a document that articulated the principle of equality. The preamble established the ides of natural rights and universal equality, and it included a list of 27 grievances against King George III. The document articulated a natural right of rebellion and popular power to create a new government, setting forth the idea of social contract.

Federalism

The idea that power should be divided between the national government and local or state governments. This is protected by the 10th amendment, which grants states reserved powers. A defense of federalism is found in Federalist 51, which argues that this helps support separation of powers and protects the citizens' natural rights from a would-be tyrannical government.

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

Fusion of Powers

A constitutional principle that merges the authority of branches of government in which the executive is chosen by the legislature.

Ratification

Article VII of the US Constitution stated that for this to happen, nine of the 13 states had to agree to the proposed Constitution.

Constitutional Convention

These can be called if 2/3rds of state legislatures choose to do so. The only constitutional convention in US history occurred in Philadelphia in the summer of 1787, the convention that drafted the US Constitution that replaced the Articles of Confederation.

Tyranny of the majority

This is an important problem in a democracy where the majority can "pick on" a minority, taking away the minority group's natural rights. For Madison in Federalist 10 this was most likely to occur in direct democracies or in small republics, where it would be likely one particular religious, economic or ethnic group would dominate and be able to take away freedoms from other groups.

Limited Government

A principle of constitutional government; a government whose powers are defined and limited by a constitution. This is exemplified by the US Constitution Article I Section 8 which lists the specific (limited powers) given to Congress and the Bill of Rights which forbids the US government from violating citizens' natural rights.

Shay's Rebellion (1786)

Armed uprising of western Massachusetts debtors seeking lower taxes and an end to property foreclosures. Though quickly put down, the insurrection inspired fears of "mob rule" among leading Revolutionaries and led to calls to create a new US Constitution to replace the Articles of Confederation.

New Jersey Plan

A constitutional proposal that would have given each state one vote in a new, unicameral Congress. This would have been modeled after the design of the Articles of Confederation Congress.

Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

Pluralist democracy

A theory of democracy that holds that citizen membership in groups is the key to political power. No one group dominates politics, but many different interest groups or factions share and compete for power.

Elite democracy

A political system in which the privileged classes acquire the power to decide by a competition for the people's votes and have substantial freedom between elections to rule as they see fit. This is best exemplified by the un-elected US Supreme Court and the original method of selecting US Senators through appointment by state legislatures.

Participatory democracy

A theory of democracy that holds that citizens should actively and directly control government. This theory emphasizes the broad participation of average citizens in government, and is best exemplified by the broad expansion of voting rights and constitutional limits on the rise of aristocracy. State legislatures are often viewed as exemplifying participatory models given their proximity to average voters. The House of Representatives best exemplifies the participatory model at the federal level.

Mischiefs of faction

Madison's reference, in Federalist No. 10, to his concern about the dangers posed by "factions," or groups, who might attempt to dominate the political process. He warned such dangers could take place if political parties misused their freedom and created conflict by pitting their interests against one another. While factions will always exist, Madison argued, a republican (or representative) system could control them. Factions naturally try to advance their own interests, but often this leads to the trampling on rights of other groups.

Weaknesses of the Articles of Confederation

Congress was powerless to tax or regulate foreign trade, allowing foreign powers to pit one state against another. Congress could not raise a standing army or navy, so the national government could not easily defend national sovereignty from foreign powers or put down domestic insurrections and rebellions. There was no president to unify the country or lead it in times of war, nor a national court system to resolve disputes between the states.

Strengths of the Articles of Confederation

State government controlled almost all policy and a small group of states could block any national laws that disadvantaged them. In investing almost all power in the state governments, the Articles exemplified popular sovereignty. State legislatures were "close" to the people both physically and in that state legislators represented small numbers of people.

Connecticut (Great) Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators. The New Jersey Plan was exemplified by the design of the Senate and the Virginia plan was the inspiration for the House of Representatives.

Three-Fifths Compromise

Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (ended by the 13th amendment). This gave Southern states more power in both the House and in the Electoral College as a state's electoral votes equals the size of their congressional delegation.

Representative democracy

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people. This is also known as a republic or an indirect democracy. In the classical world, this was exemplified by the Roman Republic.

Direct democracy

A form of government in which citizens rule directly and not through representatives. In the classical world, this was exemplified by ancient Athens during its Golden Age. In the modern world, ballot initiatives and referenda are elements of direct democracy that exist at the state (but not national) level in the US. Madison referred to this system as a "pure democracy".

Social Contract

A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules. Jefferson believed that if a government violated this, the citizens had a right to rebel and create a new government.

Natural Rights

This was an Enlightenment idea that all people were born with inherent freedoms, including the right to life, liberty, property, and the pursuit of happiness. These were outlined in the Declaration of Independence.

Rule of Law

This is the principle that the law applies equally to everyone, even the powerful. No one is above the law, including government officials and the wealthy.

Slave trade

This was a compromise made at the Constitutional Convention, where it was agreed that the slaves could be imported for twenty more years, until 1808. At that time, Congress could vote to abolish the practice. Congress banned the importation of slaves in 1808.