Foundations of American Democracy and Government Interactions

Flashcards reviewing key concepts, foundational documents, landmark court cases, federalism, and interactions among the branches of American government.

According to John Locke, why do people enter into society and what happens to their rights?

When people enter into society, they give up certain rights in exchange for the protection of those rights under a social contract.

What is the 'right of revolution' according to natural rights philosophy?

When a leader fails to live up to their end of the deal, citizens have a right, if not an obligation, to revolt.

Which two primary foundational documents mentioned in the text are rooted in natural rights philosophy?

The Declaration of Independence and the Virginia Bill of Rights.

What are the three types of democracy described in the notes?

Participatory democracy (broad participation), Pluralist democracy (group influence and compromise), and Elite democracy (government by a few for the many).

What was the power structure under the Articles of Confederation?

The States held all the power, and the central government had no power to tax.

Which historic event established the need for centralized power in early America?

Shays rebellion.

What is popular sovereignty as expressed in the Constitution?

The principle that the power of government rests with the people, as represented by the phrase 'We the people'.

What major conflict did the Great Compromise resolve at the Constitutional Convention?

It created America's bicameral legislature and resolved most of the disputes at the Convention.

In what three ways do African Americans appear in the original Constitution?

1) The 3/5 compromise (slaves counted as 3/5 a person for representation purposes), 2) Congress cannot act regarding slave importation until 1808, and 3) The fugitive slave law.

What two essential concepts did James Madison set forth in Federalist 51?

Separation of powers and Checks and Balances.

How does the impeachment process demonstrate checks and balances?

The House brings the charges, the Senate acts as the jury, and the Chief Justice serves as the judge.

Which constitutional features resulted from the founding fathers' 'fear of the mob'?

The Electoral College, the appointment of senators, and lifetime tenure for federal judges.

What proportion of States is required to approve an amendment to the Constitution?

$3/4$ of the States.

What were the primary stances of the Federalists and Anti-Federalists during the ratification debates?

Federalists wanted the Constitution as it was written, while Anti-Federalists wanted to change some or all parts of the document.

According to Federalist 10, how can the impact of factions be lessened?

By enlarging the sphere of government from a state level to a national government.

What argument did Brutus 1 make regarding government size in response to Federalist 10?

It argued that the larger the government, the less likely people are to function well together, and that smaller governments are much more responsive to the needs of their citizenry.

Which amendment enunciates federalism, and how are governmental powers categorized?

The 10th Amendment. Powers given to the Federal Government are enumerated, powers not given are reserved to the states, and powers held by both are concurrent.

Which Supreme Court case narrowed Congress's power under the Commerce Clause?

U.S. V. Lopez.

What did the ruling in McCullough v. Maryland establish?

It reinforced federal supremacy and broadly interpreted the necessary and proper clause to give Congress implied powers alongside its enumerated powers.

What type of funding grants do states prefer compared to those preferred by the federal government?

States want block grants, while the federal government wants categorical grants.

What key judicial concept was established in Marbury v. Madison by Justice Marshall?

Judicial review, which is the power of the Supreme Court to declare governmental actions unconstitutional.

What does stare decisis mean, and what case served as a counter example by overruling 60 years of precedent?

Stare decisis means 'Let the decision stand' (relying on past decisions as authority). Brown served as a counter example by overruling precedent.

What four actions can be taken to limit the powers of the Supreme Court?

1) Congress removing appellate authority, 2) Congress and the President refusing to implement decisions, 3) Passing a Constitutional Amendment, and 4) Passing Congressional legislation limiting impact.

What test does a president use during the judicial appointment process to evaluate nominees?

The litmus test, to ensure their agenda is not thwarted by the judiciary.

What is the 'lame duck period'?

The time between election day and when someone actually takes office.

What is divided government and what effect does it typically produce?

Divided government occurs when one party controls one part of government and another party controls another branch; it typically causes gridlock.

What power serves as Congress's major trump card in the separation of powers?

The power of the purse.