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democracy
A system of selecting policymakers and of organizing government so that policy represents and responds to the public's preferences.
government
The institutions through which public policies are made for a society.
popular sovereignty
A belief that ultimate power resides in the people.
social contract
An implicit agreement between the people and their government signifying their consent to be governed.
consent of the governed
The idea that government derives its authority by sanction of the people.
Declaration of Independence
The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.
limited government
The idea that certain restrictions should be placed on government to protect the natural rights of citizens.
natural rights
Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to English philosopher John Locke's theories about government and was widely accepted among America's Founders.
republic
A form of government in which the people select representatives to govern them and make laws.
participatory democracy
A theory of American democracy contending that citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions.
elitism (elite democracy)
A theory of American democracy contending that an upper-class elite holds the power and makes policy, regardless of the formal governmental organization.
majority rule
A fundamental principle of traditional democratic theory. In a democracy, choosing among alternatives requires that the majority's desire be respected.
minority rights
A principle of traditional democratic theory that guarantees rights to those who do not belong to majorities.
pluralism (pluralist democracy)
A theory of American democracy emphasizing that the policymaking process is very open to the participation of all groups with shared interests, with no single group usually dominating. Pluralists tend to believe that as a result, public interest generally prevails.
representative democracy
A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.
tyranny of the majority
The potential of a majority to monopolize power for its own gain to the detriment of minority rights and interests.
Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.
Federalists
Supporters of the U.S. Constitution at the time the states were contemplating its adoption.
Brutus I
Written to discourage ratification of the Constitution, the document examines the major complaints of the Constitution which are: 1.) too much power to national government via implied 2.) specter of the standing army 3.) presidency is too powerful 4.) lack of Bill of Rights 5.) national government rules over too large a nation 6.) courts are too powerful.
Federalist 10
Federalist Paper by James Madison analyzing Montesquieu's theory of the appropriate size of state. Madison believes a large state is suitable because factions are diluted over a large geographic area, allowing for the plurality of opinions and frustration of tyranny of the majority. Largest source of faction is unequal distribution of property.
factions
Groups such as parties or interest groups, which according to James Madison arose from the unequal distribution of property or wealth and had the potential to cause instability in government.
Article VI
Supremacy Clause, that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
necessary and proper clause
Clause in Article I, section 8 which allows Congress to stretch its other powers in section 8 to meet the changing needs of the nation. The "stretch" must relate to another specific expressed power of Congress in order to be Constitutional. Also called the "elastic clause."
confederation
An alliance of independent states with no centralized body of power.
Articles of Confederation
The first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. The Articles established a national legislature, the Continental Congress, but most authority rested with the state legislatures.
Shays' Rebellion
A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.
Anti-Federalists
Opponents of the U.S. Constitution at the time when the states were contemplating its adoption.
Bill of Rights
The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.
Ninth Amendment
Rights retained to the people that are yet to be enumerated or written down.
preamble
Introduction to a constitution that typically lays out the rationale for the constitution; the U.S. Constitution begins: "We the People of the United States..."
amendment process
Proposal: amendment proposed by 2/3 vote of both houses of congress OR a constitutional convention called by congress on petition of 2/3 out of 50 states. Ratification: amendment ratified by 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states THEN the new amendment.
Article V
Amendment process is two steps with two options at each step: Proposal requires 2/3rds acceptance at national level,either in Congress or national convention. Ratification requires 3/4ths acceptance at state level either in state legislature or state conventions.
Article VII
Ratification of the Constitution.
Connecticut Compromise
The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population; and the Senate, in which each state has two representatives.
New Jersey Plan
The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.
ratification
Formal approval through consent or signing to a treaty, contract, or agreement.
Slave Trade Compromise
Prohibited Congress from making any law concerning the importation of slaves for 20 years.
Three-Fifths Compromise
Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.
Virginia Plan
The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state's share of the U.S. population.
Electoral College
A unique American institution created by the Constitution, providing for the selection of the president by electors chosen by the state parties. Although the Electoral College vote usually reflects a popular majority, less populated states are overrepresented and the winner-take-all rule concentrates campaigns on close states.
checks and balances
Features of the Constitution that limit government's power by requiring each branch to obtain the consent of the others for its actions, limiting and balancing power among the branches.
delegated powers
A way of defining power based on which branch of government holds that power. For example, executive power is given to the President and Vice President. Legislative power is given to the Congress.
denied powers
Some powers are specifically forbidden to the government in the Constitution. For example, the power to grant titles of nobility.
expressed powers
Powers that are specifically listed in the Constitution as belonging to the national government. These are found in Articles I-III of the Constitution.
Federalist 51
Federalist paper by James Madison analyzing the addition of checks and balances to Montesquieu's call for separation of powers. Rests predominantly on states having inserted checks and balances as a way to frustrate the ambition of one branch (or man) by requiring the action of another branch (or man) to accomplish core actions of the office.
separation of powers
A feature of the Constitution that requires each of the three branches of government— executive, legislative, and judicial—to be relatively independent of the others so that one cannot control the others. Power is shared among these three institutions.
impeachment
The political equivalent of an indictment in criminal law, prescribed by the Constitution. The House of Representatives may impeach the president by a majority vote for "Treason, Bribery, or other high Crimes and Misdemeanors."
Article IV
Outlines the relationship among the states and between the national government and the states.
exclusive powers
Those powers that can be exercised by the National Government alone.
Commerce Clause
A significant power granted to Congress was the power to regulate trade between the states and with foreign nations. This power is one of the most frequently stretched powers using the necessary and proper clause.
concurrent powers
Political powers that are shared by both the state and federal governments.
cooperative federalism
A system of government in which powers and policy assignments are shared between states and the national government.
dual federalism
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
federalism
A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.
layer cake federalism
Federalism characterized by a national government exercising its power independently from state governments.
marble cake federalism
Conceives of federalism as a marble cake in which all levels of government are involved in a variety of issues and programs, rather than a layer cake, or dual federalism, with fixed divisions between layers or levels of government.
privileges and immunities
The provision of the Constitution according citizens of each state the privileges of citizens of other states.
elastic clause
The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated powers.
enumerated powers
Powers of the federal government that are specifically addressed in the Constitution; for Congress, including the powers listed in Article I, Section 8, for example, to coin money and regulate its value and impose taxes.
implied powers
Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the statement in the Constitution that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I.
McCulloch v. Maryland (1819)
An 1819 Supreme Court decision that established the supremacy of the national government over state governments. The Court, led by Chief Justice John Marshall, held that Congress had certain implied powers in addition to the powers enumerated in the Constitution.
reserved powers
Political powers not granted to the federal government but specifically given to the states.
supremacy clause
The clause in Article VI of the Constitution that makes the Constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits.
Tenth Amendment
The constitutional amendment stating, "The powers not delegated to the United States by the Constitution,nor prohibited by it to the states, are reserved to the states respectively, or to the people."
United States v. Lopez (1995)
The national government's power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce (in this case, banning firearms in a school zone)
devolution
Transferring responsibility for policies from the federal government to state and local governments.
full faith and credit clause
A clause in Article IV of the Constitution requiring each state to recognize the public acts, records, and judicial proceedings of all other states.
New Federalism
Political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states.
inherent powers
Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community
bicameral legislature
a lawmaking body made up of two chambers or parts
bill of attainder
a law that punishes a person accused of a crime without a trial or a fair hearing in court
Direct Democracy
A form of government in which citizens rule directly and not through representatives
ex post facto law
a law that makes an act criminal although the act was legal when it was committed
formal amendment
change or addition that becomes part of the written language of the Constitution itself through one of four methods set forth in the Constitution
Full Faith and Credit Clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
Privileges and Immunities Clause
prevents a state from treating citizens of other states in a discriminatory manner.
Indirect Democracy
a system of government that gives citizens the opportunity to vote for representatives who work on their behalf
New Federalism (Devolution)
The process of giving power back to the states
unicameral legislature
a legislature with one chamber