Unit 1: Democracy and the Constitution

democracy

power is held by the people

natural rights

the right to life, liberty, and property, which government cannot take away

social contract

people allow their governments to rule over them to ensure an orderly and functioning society

inalienable rights

natural rights (L, L, PoH) that were denied by the British government

popular sovereignty

the idea that the government’s right to rule comes from the people

republicanism

the authority of the government comes from the people

2 visions of liberty

• freedom FROM government interference

• freedom TO pursue dreams

theories of democracy

elitist theory, participatory theory, pluralist theory

participatory theory

widespread political participation is necessary (ex. citizens join groups outside of the government’s control)

elitist theory

elites have a disproportionate amount of influence in the policymaking process (ex. wealthy interest groups)

pluralist theory

emphasizes the role of groups in the policymaking process (ex. AARP, NRA)

political institutions

the structure of government, including the executive, legislature, and judiciary

constitutional republic

a democratic system with elected representatives in which the Constitution is supreme law

constitution

a document that sets out the fundamental principles of governance and establishes the institutions of government

republic

a government ruled by representatives of the people

articles of confederation

league of friendship between states that has national gov that too weak to avoid tyranny

unicameral

single house legislature

annapolis convention

wanted to fix AOC but very few states came so they called for another convention in philly

shay’s rebellion

uprising against the MA government that showed how weak AOC was

constitutional convention

took place in phl where delegates from 12 of 13 states met to amend AOC

“father of constitution”

James Madison

George Washington

president of convention

Alexander Hamilton

leading proponent of strong national government

habeas corpus

the right of people detained by the government to know the charges against them

bills of attainder

when the legislature declares someone guilty without a trial

ex post facto laws

laws punishing people for acts that were not crimes at the time they were committed

VA plan 

• James Madison

• bicameral and both houses based on population

• lower house elected directly by the people and upper house nominated by state legislatures

NJ plan

• William Patterson

• unicameral with each state allowed 1 vote

great (CT) compromise

• bicameral

• lower house based on population and elected by people

• upper house had 2 votes per state and elected by state legislatures

3/5 compromise

an agreement to count slaves as three-fifths of a person in calculating a state’s representation

compromise on importation

slave trade unrestricted until 1808

separation of powers

a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own

checks and balances

a design of government in which each branch has powers that can prevent the other branches from making policy

federalism

the sharing of power between the national government and the states (multiple access points for citizens!!)

enumerated/expressed powers

authority specifically granted to a branch of the government in the Constitution

necessary and proper clause

Article I, Section 8, granting Congress necessary powers to carry out enumerated powers

implied powers

authority of the federal government that goes beyond its expressed powers

executive branch

• single executive w 4-year term

• carries out laws from congress

• powers shared w congress (commander in chief of army)

• selected by electoral college

judicial branch

system of federal courts – responsible for hearing and deciding cases through the federal courts

supreme court

highest court in the land

supremacy clause

constitution and all national treaties and laws shall be the supreme law of the land

amendment

process by which changes may be made to the Constitution

federalists

in favor of the constitution (federalist papers!)

anti-federalists

opposed to constitution and believed that it would be tyrannical (anti-fed papers like Brutus no. 1)

federalist no. 10

written by Madison and claimed that a large republic would limit the power of factions

federalist no. 51

written by Madison and argued that separation of powers and checks and balances would prevent tyranny

brutus no. 1

country is too large to be a republic and the constitution gave too much power to the national government

bill of rights

a list of rights and liberties that governments cannot take away (federalists didn’t want but ended up adding them in fear that the constitution wouldn’t get ratified)

unitary system

power that is delegated to the states is not constitutionally protected (strong national gov)

federal system

power for states is constitutionally protected and cannot be taken away by the central government (shared power between states and national gov)

confederation

states have more power than national gov (think of the AOC)

exclusive powers

powers that only the national government may exercise

commerce clause

grants Congress the power to "regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."

10th amendment

reserved powers—powers not given to national gov are retained by states

concurrent powers

allow national and state authority to overlap in the areas of public policy

full faith and credit clause

requires states to recognize the public acts, records, and civil court proceedings from another state

extradition

the requirement that officials in one state return a defendant to another state where a crime was allegedly committed

privileges and immunities clause

prevents states from discriminating against people from out of state

mcculloch v. maryland

MD tried to tax the 2nd bank of the US since it was in MD but the court ruled that MD could not do this and that it was constitutional for the gov to create the bank under the elastic and supremacy clauses

marshall court

led to expansion of federal power over states

gibbons v. ogden

2 men both had licenses to operate a business on the hudson river, one a federal and one a state. the court ruled in favor of the man with a federal license because interstate area belonged to the national government under the commerce clause

13th amendment

outlaws slavery

14th amendment

birthright citizenship and stops states from denying anyone due process or equal protection under the law

15th amendment

cannot deny the right to vote based on race; gave African American males the right to vote

plessy v. ferguson

established “separate but equal” doctrine

dual federalism

the states and the nation operate independently in their own areas of public policy

cooperative federalism

both levels work together in the same areas of public policy

great depression impact

increased power of national gov bcs of federal programs trying to build the country back up

grants-in-aid

tool used by the federal government to achieve policy objectives within states

categorical grants

provided to states with specific provisions on their use

fiscal federalism

the federal government’s use of grants-in-aid to influence policies in the states

unfunded mandates

the national government requiring states to pay for programs without providing funds

devolution

the transfer or delegation of power to states from national gov

block grant

form of grant-in-aid that gives the state more control over how to disperse federal funds

revenue sharing

when the federal government apportions tax money to the states with no strings attached

US v. lopez

a boy brought a gun to school to sell and charged under the federal gun-free zones act. supreme court ruled in his favor because the act was justified by the commerce clause and was deemed unconstitutional bcs if guns are commerce than anything can be

US v. windsor

windsor and spyer were in a same-sex marriage and when spyer died, windsor had to pay federal estate taxes. DOMA defined marriage as opposite-sex and the supreme court ruled in favor of windsor and said DOMA was unconstitutional since marriage belonged to the states

obergefell v. hodges

obergefell and arthur another same-sex couple that had similar issues to windsor and spyer. supreme court ruled in their favor and stated that states cannot deny same-sex couples the same liberties as any other couple

gonzales v. raich

2 women grew medical marijuana privately for their health under CA law but their plants were destroyed and supreme court ruled against them because the national gov had power over commerce (commerce clause)