UNIT 1 KEY IDEA: VOCAB/ COURT CASES/ CONSTITUTIONAL CLAUSES/ LAWS TO KNOW

Anti-Federalists

Opposed ratifying the Constitution; feared a strong central government and wanted stronger state governments + a Bill of Rights.

Federalists

Supported ratifying the Constitution and a strong national government to fix the weaknesses of the Articles of Confederation.

Federalist Papers

Series of essays written to defend the Constitution and persuade states to ratify it.

Brutus No. 1

Anti-Federalist essay arguing that a large republic would abuse power and threaten individual rights.

Shays' Rebellion

Farmer uprising in Massachusetts that showed the weakness of the Articles of Confederation and pushed leaders to create a stronger Constitution.

Articles of Confederation

First U.S. government; weak national government with most power in the states.

Federalism

System where power is divided and shared between national and state governments.

Unitary government

System where all power is held by a central/national government; lower levels only get power that the national gives them.

Confederation

System where most power is in the states; national government is very weak (like under the Articles).

Bicameral legislature

Lawmaking body with two chambers (in the U.S., House of Representatives + Senate).

Unicameral legislature

Lawmaking body with only one chamber.

Republic

Representative democracy; people elect officials to make laws and govern on their behalf.

Direct democracy

Citizens vote directly on laws and policies themselves.

Participatory democracy

Emphasizes broad, direct participation of many people in politics and civil society.

Pluralist democracy

Many competing interest groups influence policy; no single group dominates.

Elite democracy

Small number of wealthy, educated elites influence and control policy decisions.

Hyperpluralism

Too many strong interest groups make government weak and gridlocked because it can't make coherent policy.

Natural Rights

Rights all people have by virtue of being human (life, liberty, property/pursuit of happiness).

Social Contract

Idea that people give up some freedom to government in exchange for protection of their rights.

Popular Sovereignty

Government's power comes from the people; people are the ultimate source of authority.

Limited Government

Government's power is restricted by law (Constitution) to protect individual rights.

Separation of powers

Power is divided among three branches (legislative, executive, judicial) so no one branch becomes too powerful.

Checks and Balances

Each branch has powers to limit/check the others (vetoes, judicial review, impeachment, etc.).

Supermajority

Higher-than-simple majority needed to act (e.g., 2/3 vote to amend Constitution or override veto).

Factions

Groups of people united by a common interest that may oppose the rights of others or the common good (Federalist 10).

Policy Agenda

Issues that attract serious attention from public officials and people actively involved in politics.

Linkage Institution

Connects people to government (elections, political parties, interest groups, media).

Inherent powers

Powers that logically belong to a national government (like controlling borders, foreign affairs) even if not written.

Enumerated powers

Powers specifically listed in the Constitution for the national government (mostly in Article I, Section 8).

Implied powers

Powers not directly listed but suggested by the Necessary and Proper (Elastic) Clause.

Reserved powers

Powers not given to the national government and not denied to the states; kept by the states (10th Amendment).

Concurrent powers

Powers shared by both national and state governments (tax, make laws, courts).

Police Powers

State power to regulate health, safety, morals, and general welfare of citizens.

Judicial review

Power of courts to declare laws or actions unconstitutional.

Fiscal Federalism

Use of federal money (grants, aid, etc.) to influence state policies.

Federal Revenue Sharing

Federal money given to state/local governments, sometimes with few restrictions.

Block Grant

Federal money given for a broad purpose; states have flexibility in how to spend it.

Categorical Grant

Federal money for a specific, narrowly defined purpose; comes with conditions ("strings attached").

Mandate

Requirement that states or local governments must follow a federal rule (can be funded or unfunded).

Unfunded Mandate

Federal requirement states must follow with no money given to help pay for it.

Devolution

Shifting power and responsibility from the national government back to the states.

Cooperative Federalism

National and state governments work together and share responsibilities (like a "marble cake").

Dual Federalism

Clear division between national and state powers ("layer cake" federalism).

Preamble

Intro to the Constitution; states the purposes of government ("We the People...").

Commerce Clause (Art I, Sec 8, Cl 3)

Gives Congress power to regulate commerce with foreign nations, among the states, and with tribes. Huge source of federal power.

Elastic Clause / Necessary and Proper Clause (Art I, Sec 8, Cl 18)

Lets Congress make laws "necessary and proper" to carry out its enumerated powers (basis for implied powers).

Writ of Habeas Corpus (Art I, Sec 9, Cl 2)

Protects against unlawful imprisonment; government must show cause for detaining someone.

Bill of Attainder Clause (Art I, Sec 9, Cl 3)

Congress cannot pass a law that punishes a person or group without a trial.

Ex Post Facto Clause (Art I, Sec 9, Cl 3)

Government cannot punish someone for an act that was legal when committed.

Contracts Clause (Art I, Sec 10, Cl 1)

States cannot pass laws that severely interfere with existing contracts.

Full Faith and Credit Clause (Art IV, Sec 1)

States must recognize public acts, records, and judicial proceedings of other states.

Privileges and Immunities Clause (Art IV, Sec 2, Cl 1)

States can't discriminate unreasonably against citizens of other states.

Extradition Clause (Art IV, Sec 2, Cl 2)

Accused persons must be returned (extradited) to the state where the crime was committed.

Supremacy Clause (Art VI, Cl 2)

Constitution and federal laws are the "supreme law of the land" over state laws.

Reserved Power Clause (10th Amendment)

Powers not given to the national government and not denied to the states are reserved to the states or the people.

Marbury v. Madison (1803)

Established judicial review (Supreme Court can declare laws unconstitutional). Strengthened the judicial branch.

McCulloch v. Maryland (1819)

Upheld implied powers and the Necessary and Proper Clause; said Congress could create a national bank; states cannot tax the national government (Supremacy Clause).

Gibbons v. Ogden (1824)

Broad interpretation of Commerce Clause; gave Congress power over interstate commerce, increasing federal power.

U.S. v. Lopez (1995)

Limited Congress's use of Commerce Clause; struck down Gun-Free School Zones Act as beyond federal power; shifted some power back to the states.

U.S. v. Morrison (2000)

Struck down part of the Violence Against Women Act; said gender-motivated crimes are not economic activity and therefore beyond Commerce Clause power.

Civil Rights Act of 1964

Banned discrimination based on race, color, religion, sex, or national origin in public accommodations and employment; used the Commerce Clause to justify federal power.

National Minimum Drinking Age Act of 1984

Encouraged states to raise drinking age to 21 by threatening to withhold highway funds (example of fiscal federalism/conditional grants).

Americans with Disabilities Act (ADA), 1990

Bans discrimination against people with disabilities and requires public accommodations and employers to provide reasonable accessibility (often an unfunded mandate on states/localities).

Unfunded Mandates Reform Act of 1995

Tries to limit Congress from creating large unfunded mandates on states without considering the costs.

Personal Responsibility and Work Opportunity Reconciliation Act (Welfare Reform Act) of 1996

Shifted welfare programs from federal control to states using block grants; big example of devolution.

Violence Against Women Act (VAWA) of 1994

Provided federal resources and legal tools to combat violence against women (part of it later limited by U.S. v. Morrison).

No Child Left Behind (NCLB), 2002

Increased federal role in education; required states to set standards and test students; used conditional grants (if you take the money, you follow the rules).

Every Student Succeeds Act (ESSA), 2015

Replaced NCLB; kept testing but gave more flexibility to states on how to meet standards and fix schools.