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includes all case briefs and important vocab/ideas from units 1-5
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social contract theory
individuals give up some of their rights in order to be protected as a part of the "whole"
thomas HOBBES
developed social contract theory, believed that people needed a strong absolute ruler and could not rebel or set up a new government.
john LOCKE
"two treaties on civil government" → believed that man was free and had a right to overthrow an unjust government, idea of natural rights, father of modern democracy.
francois VOLTAIRE
argued for religious toleration and separation of church and state
baron charles de MONTESQUIEU
believed that government should be separated into a legislatie, judicial, and executive branch. idea of checks and balances.
jean jacque ROUSSEAU
restated locke's ideas, believed in inalienable rights with no class structure
congressional statute
law passed by congress
presidential action
decision by president
court decision
opinion by supreme court or other court
participatory democracy
emphasizes broad participation in politics, least filtered**
pluralist theory or "polyarchy"
emphasizes group based activism, more filtered than regular democracy
elite and class theory
theory that politics are divided along class lines and that upper class will rule, most filtered**
hyperpluralism
theory that groups are so strong that the government is weakened, gridlock idea that government is unable to act at all
articles of confederation (AOC)
first national constitution (1777), one vote per state, needed 13/13 vote to pass amendments.
constitutional convention
aimed to revise the AOC
virginia plan
LARGE STATES, wanted representation based on population
new jersey plan
SMALL STATES, wanted one vote per state
connecticut plan
"GREAT COMPROMISE", established a two house legislature → house of representatives and senate
executive branch
president and VP, elected for 4 year terms
judicial branch
supreme court only, appointed for life
3/5th compromise
3 of every 5 slaves was counted for representation and taxation purposes
commerce compromise
interstate commerce controlled by the national government, but tariffs on imported goods
federalist 10
talks about the dangers of factions and how a large republic is superior to a small one because it encompasses more interests **control factions, not eliminating them
brutus 1
warned that the necessary and proper clause would destroy state sovereignty
federalist 51
suggests that the government divide their power into 3 branches inorder to check/balance each other
federalists
(elites) wanted strong central government with check and balance system
anti federalists
(lower class) wanted state's rights and feared a strong national government
federalism
division of power amongst various levels of government
expressed/enumerated powers
specifically given to the national government in the constitution
example of expressed powers
coin money, declare war, regulate interstate trade, establish post office, create army and navy
implied powers
not expressed in government but implied
necessary and proper clause
all laws that are necessary and proper can be passed by congress
implied powers example
create air force, pass laws regarding sale of drugs, health care law, estavlishing draft, regulating immigration
denied power
no titles of nobility, cannot deny habeas corpus, create ex post facto laws or bills of attainder
article 1, section 9
powers denied to congress
article 1, section 10
powers denied to the states
article 1, section 8, clause 1
IRS, telephones, gambling, traveling
commerce clause
used to expand congressional power
concurrent powers
held by both state and national governments but exercised independently
reserved powers
held by state governments
10th amendment
gives powers not given to the US by the constitution are reserved for the states or the people
dual federalism
system of government where both the states and the national government are supreme in their own spheres
cooperative federalism
national and state governments share responsibility for public policies
unitary
all power held by central government
confederacy
individual states hold most power
fiscal federalism
pattern of spending, taxing, and providing grants in the federal system
categorical grants
federal grants that can be used for specific purposes
federal mandates
any law or regulation that imposes enforceable duty upon state or local governments
congress amending the constitution
proposes an amendment by a ⅔ vote of both houses ⅔ of state
legislatures ask congress to call a national convention
states ratify amendments
¾ state legislatures approve amendments
conventions in ¾ states approve an amendment
US vs. lopez
ruled that congress did not have the power to regulate carrying a gun on school property because it was not an economic activity under the commerce clause
mcculloch vs. maryland
decided that congress did have the power to create a national bank even if it wasn't directly stated in the constitution because it was "necessary and proper"
republicanism
democratic principle that the will of the people is reflected in government
senate
"upper" house
2 per state
6 year term
less rules than house
filibuster
long speech to prevent vote on bill
cloture
⅗ vote and cuts off debate of bill
rider
off topic amendment to bill
house of representatives
"lower house"
435 members
population based
2 year terms
all revenue bills originate here
more rules
trustee
acts on their own
delegate
vote with constituents' interests
politico
acts on their own AND votes with constituents' interests
requirements for districts
equal in population
contiguous or connected
geographically compact
gerrymandering
drawing a district to benefit one political party by splitting minority opinions across districts
fiscal policy
impact of federal budget on the economy
incrementalism
slow but steady increase of budget from year to year
government's source of revenue
individual income taxes, payroll/social insurance taxes, corporate income taxes, borrowing (bonds)
federalist 70
argues that a strong executive branch is important so that a singular person can be held accountable, and decisions can be made quickly
federalist 78
argues that SC should have judicial review
qualifications for president
35+ yo
natural born US citizen
resident for 14 years
chosen by electoral college majority
12th amendment
president and VP elected together
20th amendment
made inauguration day on january 20th
22nd amendment
terms for presidency 2
25th amendment
presidential succession (order of who comes next) and disability
vice president duties
preside over senate
replace president if needed
count electoral votes
vote in senate during a tie
cabinet duties
presidential advisors, made up of top executives
chief diplomat (president)
directs US foreign policy
receives foreign heads of state
appoints ambassadors
makes treaties
executive agreements
pact other than a treaty made with a foreign government, does not need senate approval
executive orders
presidential directive that becomes law without approval from congress
original jurisdiction
the trial court, determines facts about a case
appellate jurisdiction
reviews legal issues in cases brought from lower courts
stare decisis
"let the decision stand" or following precedents
bureaucracy
divides work into specific categories in an administrative system
patronage
job given for political reasons
civil service
system of hiring and promoting based on merit
baker vs. carr
established that federal courts have the power to enforce the requirement of equal protection of the law against state officials, many states had to redraw their districts so that populations were equally represented
shaw v. reno
decided that racial gerrymandering, even if it was to remediate, was unconstitutional → if a redistricting plan was based solely on grouping people politically by their race, it was unconstitutional
marbury v. madison
"midnight judges", decided that the SC was equally as powerful as the executive and legislative branches
dred scott decision (1857)
slaves who escaped had no rights in free territories
emancipation proclamation
free slaves under confederate control
13th amendment
prohibits slavery
14th amendment
prohibits states from denying citizenship, due process, and equal protection
15th amendment
guarantees right to vote for all men
plessy v. ferguson
"separate but equal" doctrine
1st amendment
religion, assembly, petition, press, speech
2nd amendment
right to bear arms
3rd amendment
no quartering of troops in peace or wartime
4th amendment
no unreasonable search or seizure, security in own home
5th amendment
protects against self incrimination, double jeopardy (cannot be tried for the same crime), eminent domain
6th amendment
speedy public trial, jury of peers, right to attorney