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WSHS Ryszkiewicz
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United States v. Lopez
1995 - The Commerce Clause of the Constitution does not give Congress the power to prohibit mere possession of a gun near a school, because gun possession by itself is not an economic activity that affects interstate commerce even indirectly.
McCulloch v. Maryland
Supreme Court ruling (1819) confirming the supremacy of national over state government
John Locke
English philosopher who argued that people have natural rights
Thomas Hobbes
Enlightenment thinker who believed that people are born selfish and need a strong central authority to keep order
Baron de Montesquieu
Believed government should have separation of powers
Popular Sovereignty
A belief that ultimate power resides in the people.
Participatory Democracy
A system of democracy in which all members of a group or community participate collectively in making major decisions
Pluralist Democracy
A model of democracy that stresses vigorous competition among various interest groups in a free society
Elite Democracy (Elitism)
Favors allowing the best educated and most qualified members of society to govern in the best interests of the country. This system favors having a small group of the best-informed people to govern.
Federalists
A term used to describe supporters of the Constitution during ratification debates in state legislatures.
Anti-Federalists
Opponents of the American Constitution at the time when the states were contemplating its adoption.
Declaration of Independence
1776 statement, issued by the Second Continental Congress, explaining why the colonies wanted independence from Britain.
Shays' Rebellion
A series of attacks on courthouses by a small band of farmers to block foreclosure proceedings. This led to a realization that the Articles of Confederation were too weak.
Articles of Confederation
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)
Virginia Plan
"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.
New Jersey Plan
A constitutional proposal that would have given each state one vote in a new congress
Brutus 1
An Anti-Federalist writing that made the case that the Federal government under the proposed Constitution was too strong. Argued that federal government powers could lead to state governments becoming essentially useless. Impossible to have a large republic and stable government that protects rights.
Philadelphia Convention
Delegates originally met to fix the Articles of Confederation, but ended up creating a new Constitution.
Great Compromise
Compromise made by Constitutional Convention in which states would have equal representation in one house of the legislature and representation based on population in the other house
House of Representatives
the lower house of Congress, consisting of a different number of representatives from each state, depending on population. Reflects consent of the governed.
Senate
the upper house of Congress, consisting of two representatives from each state
Social Contract Theory
The belief that people are free and equal by natural right, and that this in turn requires that all people give their consent to be governed; Key idea that supports this is consent of the governed/popular sovereignty.
Separation of Powers
Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
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.
Limited Government
The idea that certain restrictions should be placed on government to protect the natural rights of citizens.
Article 1 of the Constitution
Legislative Branch
Article 2 of the Constitution
Executive Branch
Article 3 of the Constitution
Judicial Branch
Article 4 of the Constitution
Outlines the rights and expectations for all states and citizens including the adding of new states
Article 5 of the Constitution
Outlines the process for amending or changing the Constitution
Article 6 of the Constitution
Debts, Supremacy, Oaths
Article 7 of the Constitution
Ratifying the Constitution
Supremacy Clause
Found in Article 6 of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
Selective Incorporation
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
Commerce Clause
The clause in the Constitution (Article I, 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 (Elastic Clause)
A clause in Article I, section 8, of the Constitution that gives Congress the power to do whatever it deems necessary and constitutional to meet its enumerated obligations; the basis for the implied powers.
Enumerated/Expressed Powers
the powers explicitly granted to Congress by the Constitution
Implied Powers
Powers inferred from the express powers that allow Congress to carry out its functions.
Full Faith and Credit Clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
Republicanism
A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of the governed.
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.
Federalist 10
An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.
Federalist 51
Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.
Bill of Rights
The first ten amendments to the Constitution
Three-Fifths Compromise
Compromise between northern and southern states at the Constitutional Convention that three-fifths of the enslaved population would be counted for determining direct taxation and representation in the House of Representatives.
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Block Grants
Money from the national government that states can spend within broad guidelines determined by Washington
Categorical Grants
Federal grants for specific purposes, such as building an airport
Federal Revenue Sharing
The practice of sharing federal income tax revenue with state and local governments
Privileges and Immunities Clause
prevents a state from treating citizens of other states in a discriminatory manner.
Concurrent Powers
Powers held jointly by the national and state governments.
Reserved Powers
Powers given to the state government alone
Exclusive Powers
Those powers that can be exercised by the National Government alone
Unfunded Mandate
a federal order mandating that states operate and pay for a program created at the national level
Unitary System
A government that gives all key powers to the national or central government
Federalism
A system in which power is divided between the national and state governments