Unit 1 Foundations of American Democracy

natural rights

all people have certain rights that cannot be taken away

social contract

an implicit (understood) agreement among people in a society to give up some freedoms to maintain social order

popular sovereignty

all government power comes from the consent of its people

limited government

a government’s power cannot be absolute

separation of powers

powers are divided between three independent branches of government

checks and balances

each of the three independent branches of government is subject to restraints to ensure than no one branch becomes too powerful

federalism

the central government and state governments and local governments share power

republicanism

authority is delegated to elected representatives to make decision on behalf of citizens

Declaration of Independence

heavily influenced by John Locke and based on the concept of natural rights and popular sovereignty that declared independence from Britain

U.S. Constitution

document that defines a framework for our government that replaced the articles of confederation

Gettysburg Address

A speech by President Abraham Lincoln that reaffirmed the principles of equality and popular sovereignty, while arguing that the Civil War was a test of whether a democratic nation founded on those principles could survive. It connected the founding ideals of the Declaration of Independence to the ongoing struggle to preserve the Union and expand freedom.

representative democracy

authority is delegated to elected representatives to make decision on behalf of citizens

models of representative democracy

-participatory

-pluralisty

-elite

participatory democracy

collective decision-making that combines elements from both direct democracy and representative democracy and emphasizes broad participation in politics and civil society

pluralist democracy

different groups working together through compromise to achieve a political goal and emphasizes group-based activism by nongovernmental interests striving for impact on political decision making

elite democracy

a small segment of people identified by wealth or political power who rule in their self-interest and emphasizes limited participation in politics and civil society

federalists

people who favored a strong national government and supported the ratification of the constitution

federalist papers

a series of essays written that argued for the ratification of the constitution

federalist paper #10

factions were inevitable and a large republic would control the effects of them

anti-federalists

people who wanted a strong state government and opposed the ratification of the constitution

anti-federalist papers

a series of essays written that argued against the ratification of the constitution

brutus #1

argues that the necessary and proper clause and supremacy clause give the federal government unlimited power

articles of confederation

first attempt at a new government that enacted a weak national government and gave states more power than the national government

weaknessess of the articles of confederation

-lack of centralized miliarty authority

-lack of an executive branch to enforce laws

-lack of an executive branch to tax

-lack of a national court system

-lack of power to regulate interstate commerce

-lack of the exclusive power to coin money

shay's rebellion

rebellion of farmers in Massachusetts that demonstrated the inability of national government to maintain order and helped to build a consensus for a stronger and more effective national government

constitutional convention

a meeting in Philadelphia for the purpose of revising the Articles of Confederation that ultimately led to a newly written plan of government

compromises necessary for ratification of the constitution

-great compromise

-electoral college

-3/5 compromise

-importation of enslaved people

-bill of rights

virginia plan

proposed a bicameral congress with representation based on population

new jersey plan

proposed a unicameral congress with representation equal for all states

great compromise

compromise that created a bicameral system of congressional representation with the House of Representatives based on each state’s population and the Senate representing each state equally

electoral college

created a system for electing the president by electors from each state rather than by popular vote or by congressional vote

3/5 compromise

provided a formular for calcualting a state’s enslaved population for purposes of represenation in the house for taxation

importation of enslaved people

postponing until 1808 a decision whether to ban the imporation of enslaved persons

bill of rights

10 amendments added to the constitution to address concerns of the anti-federalists and take power away from the federal government

Article V (amending the constitution)

a 2/3 vote by both houses of congress with final ratification by 3/4 of the states or a proposal from 2/3 of the state legislatures with final ratification by 3/4 of the states.

Article VII (ratifying the constitution)

9 of 13 states had to approve the constitution to go into effect

unitary system of government

the central government holds primary authority and the state government has little or no power

confederate system of government

the state government is supreme over the central government

federal system of government

the central government and state government and local government share powers

delegated powers

powers listed in the constitution and given to congress (federal government) found in article 1, section 8

powers allocated to congress

-override presidential vetoes

-confirm appointments

-ratify treaties

-declare war

-appropriate money

-impeach and remove executive officials

-create lower federal courts

-impeach and remove federal judges

-propose and pass amendments to override a judicial decision

powers allocated to president

-enforce the laws

-veto laws

-call special session of congress

-can conduct military operations and call out military to preserve and protect domestic order

-nominate appointments

-negotiate foreign treaties

-nominate federal judges

-grant pardons to federal offenders

powers allocated to courts

-declare acts of the executive unconstitutional

-declare acts of the legislature unconstitutional

federalist paper #51

the independent three branches of government establish safeguards to protect the rights of the people and help prevent one governing branch from obtaining too much power over another

impeachment power

bringing charges of wrongdoing against a government official by the house with a majority vote

impeachment trial

the senate tries the impeached official with a 2/3 majority vote required to remove the official from office

concurrent powers

powers shared by the national and state governments

federalist #39

the constitution creates a government that is both national and federal-national because it governs the american people as a whole but federal because the states still retain their own powers and authority

enumerated powers

powers listed in the constitution and given to congress (the federal government) and found in article 1, section 8

implied powers

powers not stated in the constitution but "necessary and proper" to carry out its delegated powers (Article 1, Section 8, Clause 18)

necessary and proper clause

enables congress to expand its powers and utilize implied powers to carry out its delegated powers

reserved powers

powers not given to the federal government and belonging to the states and its people

10th amendment

powers not given to federal government go to people and states

fiscal federalism

principles of the constitution

-popular sovereignty

-limited government

-separation of powers

-checks and balances

-federalism

fiscal federalism

federal government use of fiscal policy to influence states through the granting or withholding of appropriations

revenue sharing

the distribution of a portion of federal tax revenues to state and local governments

mandates

rules telling states what they must do to comply with federal guidelines and receive funding

categorical grants

grants issued by Congress where the state may only spend money on narrowly defined purposes

block grants

grants issued by Congress where the state is permitted to decide how to best use the funds

cross-over sanctions

using federal funds in one program to influence state and local policy in another program

cross-cutting requirements

the federal government must be extended to all activities supported by the federal government

14th amendment

-due process clause extends civil liberties to state governments

-equal protection clause extends civil rights to state governments

commerce clause

Article 1, 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.

McCulloch v. Maryland (1819)

established the supremacy of the national government over state governments and held that Congress possessed certain implied powers (through the elastic clause) in addition to its enumerated powers

supremacy clause

gives federal laws and treaties supremacy over state laws and constitutions (Article VI)

U.S. v. Lopez (1995)

a law prohibiting guns near schools is a criminal statute under the authority of the states and not Congress as the Court ruled that the act had nothing to do with interstate commerce and the authority to pass such legislation rested with the states

devolution

a return of power to the states

dual federalism

layer-cake to describe distinct differences between federal and state powers using powers expressly given to congress in article 1 section 8 and the states in the 10th amendment

strict constructionism

belief that the Constitution should be interpreted narrowly

cooperative federalism

marble-cake to describe how congress using the elastic clause (article 1 section 8 clause 18) is able to pass legislation that results in an overlapping of state and government affairs

loose constructionism

belief that the Constitution should be interpreted more broadly

states obligations within federalism

-full faith and credit

-privileges and immunities

-extradition

full faith and credit

legal recognition of one state's laws by every other state

privileges and immunities

states are prohibited from unreasonably discriminating against residents of other states

extradition

process whereby states return fugitives to the states from which they have fled so they can be prosecuted

interstate compacts

constitution allows state government to enter into agreements with other states

advantages of federalism

-avoids concentration of power

-keeps government close to people

-states serve as laboratories for new programs and training grounds for national leaders

-allows adaptation to regional differences

disadvantages of federalism

-complexity as there are many government to deal with

-duplication of offices and functions

-conflicts of authority often arise

-inconsistency from state to state in regulations, education, etc.