Foundations of U.S. Government

Natural Rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

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.

Social Contract

An agreement between the people and their government signifying their consent to be governed. John Locke believes government agrees to protect the people's natural rights.

Articles of Confederation

the first constitution of the United States. It had a weak central government and loose friendship of the states.

Great Compromise (Connecticut Compromise)

Called for a bicameral legislative system in which the House of Representatives would be based on population and the Senate would have equal representation in Congress

Ratifying an amendment

Proposal by 2/3rds of both houses of Congress or state legislatures, ratified by 3/4ths of states

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

Veto

Chief executive's power to reject a bill passed by a legislature

Executive Branch

Enforces laws

Legislative Branch (Congress)

makes laws, imposes taxes, and declares war

Judicial Branch (Supreme Court)

interprets the constitution and other laws, reviews lower-court decisions

First Amendment

5 freedoms: speech, press, religion, assembly, petition

Fourth Amendment

Protects against unreasonable search and seizures without a warrant

Federalist No. 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.

Anti-Federalists

Opponents of the Constitution; They opposed the Constitution's powerful centralized government, arguing that the Constitution gave too much political, economic, and military control. They instead advocated a decentralized governmental structure that granted most power to the states

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures.

Federalist 51 (Madison)

Discussed separation of powers, checks and balances

Federalism

A system in which power is divided between the national and state governments

Supremacy Clause

Article VI 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.

Bills of Attainder Laws

Laws that dictated prison sentences for accused who were NOT given a trial. These laws cannot be made!

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

enumerated powers

Powers given to the national government alone

Tenth Amendment

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.

Elastic Clause (Necessary and Proper Clause)

a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.

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.

Marbury v. Madison (1803)

Established judicial review

Judicial Review

The power of the courts to declare laws unconstitutional

McCulloch v. Maryland (1819)

Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. Institution

U.S. v. Lopez (1995)

Supreme Court declared Gun Free School Zones Act exceeded Congress's Interstate Commerce Clause power and was therefore unconstitutional.

categorical grants-in-aid

Funds given by Congress to states and localities and that are earmarked by law for specific categories, such as education or crime prevention

block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services