2024: We the People Chapter 2 and 3

House of Representatives

the lower house of Congress, consisting of a different number of representatives from each state, depending on population. Must be 25 elected for 2 year terms.

The United States Senate

The upper house of Congress. Composed of 100 members, 2 senators are elected from each state for 6-year terms

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

Constitutional clause that gives congress the power to make all laws "necessary and proper" for executing its powers aka as the elastic clause.

expressed or enumerated powers

specific powers granted by the Constitution to Congress (Article 1, Section 8) such as: Coin money, declare war, etc..

Implied Powers

Powers inferred (not written down) from the express powers that allow Congress to carry out its functions. (such as create a draft because they have the expressed power to create an army and navy)

Anti-federalists

Opponents of the American Constitution. Their greatest fear was that a strong national government would infringe on the liberties of the people.

French and Indian War

Caused the British to raise taxes on the colonists due to the debt they had accumulated

Stamp Act

an act passed by the British parliament in 1756 that raised revenue from the American colonies by a duty in the form of a stamp required on all newspapers and legal or commercial documents

Sugar Act

law passed by the British Parliament setting taxes on molasses and sugar imported by the colonies

American Revolution Cause

There were many but ultimately increasing the taxes on the colonists led to them declaring their independence

Articles of Confederation

America's first written constitution; had a one house congress only. Primarily concerned with limiting the powers of the national government.

Articles of Confederation weaknesses

No Executive and Judicial branches, lacked power to tax and regulate trade, could be amended only with a unanimous vote, states had all the power

Shay's Rebellion

Convinced many people that the government under the Articles of Confederation had become dangerously inefficient and indecisive.

Confederation

an alliance of independent states

Bicameral

Two house legislature

Bill of Rights

the first 10 amendments to the constitution; they ensure certain rights and liberties to the people.

checks and balances

mechanisms through which each branch of government is able to influence the activities of the other branches

consent of the governed

People are the source of any and all governmental power

The Constitution

Created a federal system of government.
Article I: Let's-Legislative
Article II: Eat-Executive
Article III: Jolly-Judicial
Article IV: Ranchers-Relations among states
Article V: And-Amendment
Article VI: Some-Supremacy Clause
Article VII: Reese's-Ratification

Article I of the Constitution

Establishes Congress as the legislative branch of the Federal Government and lists the powers of Congress.

Article II of the Constitution

establishes the executive branch of the federal government, which carries out and enforces federal laws

Article III of the Constitution

creates only the Supreme Court and allows Congress to establish lower courts.

Article IV of the Constitution

STATES: each state has to recognize laws, records and rulings of other states. Respect people from other states while in their state.

Article V of the Constitution

describes the process for amending the Constitution (2/3rds of both houses must propose and 3/4th of state legislatures are needed for ratification)

Federalism

Division of power between the federal government and the states. The United States was the first nation to adopt federalism as its governing framework.

Federalists

those who favored a strong national government and supported the Constitution

Great Compromise (Connecticut Compromise)

the agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population, but linked representation in the House of Representatives to population

Constitutional compromises

two houses, electoral college

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.

Virginia Plan

Constitutional plan that called for representation in Congress to be based on a state's population

Declaration of independence

Breakup with a list of all the things King George had done to the colonists; defined rights of colonists and all humans. It was a political document because it explained why the colonists rebelled against Great Britain and sought self-government. It was philosophical document because it included "unalienable rights" which are Life, Liberty, and the pursuit of happiness.

Natural rights

Rights inherent in human beings, not dependent on governments, which include life, liberty, and the pursuit of happiness.

John Locke

English philosopher who argued that people have natural rights (life, liberty and property) ideas and thoughts copied by the founders. Believed that the main purpose of government is to protect our natural rights.

Thomas Hobbes

Advocated the idea of a limited government

Barron Montesquieu

His discussion of separation of powers and checks and balances profoundly influenced the American Founders and the design of the U.S. Constitution.

concurrent powers

authority possessed by both state and national governments, such as the power to levy taxes

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Defense of Marriage Act

1996 (Bill Clinton) Declares that states are not obligated to recognize any same sex marriages that might not be legally sanctioned in other states, also defined marriage and spouse in heterosexual terms for federal law as well.

Judicial Review

The power of the courts to declare laws unconstitutional

Windsor vs US

Ruled section 3 of the Defense of Marriage Act unconstitutional.

Obergefell v. Hodges

Ruled section 2 of Defense of Marriage Act unconstitutional. In addition legalized gay marriage in every state (example of judicial activism)

Privileges and Immunities Clause

Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states, helps prevent discriminating against non-residents. Exception: tuition

grants-in-aid

federal money provided to states to implement public policy objectives

categorical grants

Federal grants for specific purposes, such as building an airport. Can come with strings by requiring states to meet a certain criteria

unfunded mandates

Programs that the Federal government requires States to implement without Federal funding. (Americans with Disabilities Act, NCLB, Clean Air Act, Motor Voter Act)

Devolution

the transfer of powers and responsibilities from the federal government to the states

block grants

federal grant that allows states considerable discretion in which the funds are spent

The Welfare Reform Act

An example of devolution, giving states the authority to determine how to implement Welfare Programs and determine eligibility locally.

Supremacy Clause

Article VI of the Constitution, which makes all laws made under it superior to any state laws

What amendment established the reserved powers?

10th Amendment

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to keep and bear arms

3rd Amendment

No quartering of soldiers

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

Criminal Proceedings-Double Jeopardy; Protection from Self incrimination (right to remain silent)

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

Recall election

a special election called by voters to remove an elected official before his/her term expires.

Initiative

a process that allows citizens of many U.S. states to place new legislation on a popular ballot

Referendum

A state-level method of direct legislation that gives voters a chance to approve or disapprove proposed legislation