Unit 1 Foundations of American Democracy

limited government

each person has rights the government cannot take away

natural rights

rights people are born with and entitled to which include life, liberty, and property ownership

popular sovereignty

government derives its authority from the people and the consent of the governed

republicanism

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

social contract

governmental authority is derived from an implicit contract with the governed

Declaration of Independence

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

unitary system of government

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

U.S. Constitution

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

federal system of government

the central government and state government share powers

principles of the constitution

-popular sovereignty

-limited government

-separation of powers

-checks and balances

-federalism

representative democracy

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

participatory democracy

collective decision-making that combines elements from both direct democracy and representative democracy

pluralist democracy

different groups working together through compromise to achieve a political goal

elitist democracy

a small segment of people identified by wealth or political power who rule in their self-interest

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

bill of rights

1st 10 amendments to the constitution

articles of confederation

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

confederate system of government

the state government is supreme over the central government

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

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 at constitutional convention that proposed a bicameral legislature composed of chambers based on population and a set #

electoral college

compromise at constitutional convention between election of the president by a vote in congress and election of the president by a popular vote of qualified citizens

3/5 compromise

compromise at constitutional convention that determined that slaves would count as 3/5 for purposes of taxation and representation

slave trade compromise

compromise at constitutional convention that prohibited government from stopping slave trade for 20 years after ratification

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.

ratification of the constitution

article 7 stated that 9 of 13 states had to approve the constitution to go into effect

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

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

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

federalism

relationship between the national and state government that has evolved since the Constitution was ratified

delegated powers

powers listed in the constitution and given to the federal government (Article 1, Section 8)

reserved powers

powers not given to the federal government and belonging to the states and its people (10th amendment)

concurrent powers

powers shared by the national and state governments

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

10th amendment

powers not given to federal government go to people and states

14th amendment

-due process clause extends most Bill of Rights to state governments

-equal protection clause extends civil rights to state governments (provides the basis for ending discrimination against women and minorities)

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.

necessary and proper clause

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

implied powers

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

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.