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Natural Rights
The concept that individuals posses inherent, universal rights that are not granted by government but exists by nature itself.
Social Contact
an agreement where individuals surrender some personal freedom to a government in exchange for the protection of their fundamental natural rights
Popular Sovereignty
the principle that the legitimacy of government comes from the consent of the people
Limited government
restricts a government’s power through laws to protect individuals rights
Separation of powers
the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another
Checks and balances
a system where each of the three branches of government has specific powers that allows it to influence and restrain the other branches, preventing any one branch from becoming to powerful.
Federalism
a system of government where power is divided and shared between a national (federal) government and regional (state) governments, with each having formal authority over the same people and territory.
Republicanism
the belief that the authority of the government comes from the people, who elect representatives to make and enforce laws.
The Declaration of Independence
a document that declares the 13th colonies separation from Great Britain, founded on Enlightenment ideas like natural rights, popular sovereignty, and the social contract.
The U.S. Constitution
The supreme law of the United States, a foundational document that establishes the structure and powers of the federal government
Democratic Government
the people hold Sovereignty power, electing officials to represent their interests and make decisions.
Participatory Democracy
a form of governance where citizens are directly involved in making policies and decisions that affects their lives, rather than relying solely on electing representatives.
Pluralist Democracy
a political system where multiple organized groups with competing interests influence policy without any single group dominating.
Elite democracy
a model of democracy where a small, often wealthy or well-educated, group of people hold’s significant influence over political decision-making.
Federalists
a person who supported the ratification of the United States Constitution and believed in a strong national government that shared power with the states.
Anti-Federalist
someone who opposed the ratification of the new United States Constitution because they believed it granted too much power to the central government and not enough to the individual states.
Articles of Confederation
the United States first constitution, a “league of friendship” among sovereign states that established a very weak central government from 1781-1789
Shay’s Rebellion
an armed protest in 1786-1787 by Massachusetts farmers, many of whom were revolutionary war veterans, who were angry about high taxes and debts after the war.
Interstate Commerce
the buying, selling, or transportation of goods, services, or money that crosses state lines
The Great (Connecticut) Compromise
created a bicameral (two-house) Congress with a House of Representatives where states are represented by populations (favoring larger states) and a senate where each state gets equal representation (favoring smaller)
Electoral College
unique system established in the U.S. Constitution for electing President and Vice president, consisting of 538 electors who represent the states.
3/5 Compromise
a compromise where every 5 enslaved people counted as 3 people in the states population
Bill of Rights:
the first ten amendments to the U.S. Constitution, which protects individual civil liberties from government infringement.
Necessary and Proper Clause
a part of the U.S. Constitution that gives Congress the power to make laws needed to carry out its explicitly listed (enumerated) powers.
Enumerated Powers
those powers that the U.S. Constitution explicitly grants to the federal government, primarily to Congress.
in article 1, section 8 of the U.S. Constitution
Reserved powers
the powers the U.S. Constitutions does not grant to the federal government and does not prohibit to the states.
Concurrent Powers
Powers that both the federal government and state government can exercise at the same time.
Due Process Clause
a fundamental protection found in the 5 and 14th amendment that ensures the government cannot harm individuals of life, liberty, or property without fairy legal proceedings.
Equal Protection Clause
Prohibits states from denying any person within their jurisdiction and equal protection of the laws.
Commerce Clause
grants Congress the power to regulate interstate and international commerce
Supremacy Clause
a constitutional provision (Article VI) stating that the Constitution, federal laws, and treated are the supreme law of the land, taking precedence over any conflicting state or local laws.
McCullough v. Maryland (1819) [Background]
(1819), Congress chartered the Second bank of the United States
(1818), the state of Maryland passed legislation to impose taxes on the bank, McCullough, a cashier refused to pay the taxes.
The state appeals court held that the Second Bank was unconstitutional because the constitution did not provide a textual commitment for the federal government.
Maryland argued that federal government lacked the constitutional power to create a bank
McCullough v. Maryland (1819) [Constitutional Clause]
The Necessary and Proper Clause (Article 1, Section 8) which grants Congress implied powers to carry out its enumerated powers.
Supremacy Clause (Article VI) states that the federal laws are the supreme law of the land and cannot be undermined by the states laws.
McCullough v. Maryland (1819) [SCOTUS Ruling]
Courts Ruling Congress incorporated the bank (power)
Maryland couldn’t tax instruments of the national government employee of those with constitutional power.
McCullough v. Maryland (1819) [So What?]
It has significantly increased federal power by establishing the doctrine of implied powers
Allowed Congress to enact laws necessary and proper
U.S. v. Lopez (1995) [Background]
Alfonzo Lopez, a 12th grade high school student armed a concealed weapon into his San Antonio, Texas High School.
Alfonzo was charged under Texas law with firearm possession on school primise
State charges were dropped and then was charged with violation of federal criminal stature
Alfonzo was found guilty with 6 months imprisonment and then 2 years of supervise release.
U.S. v. Lopez (1995) [Constitutional Clause]
Commence Clause
U.S. v. Lopez (1995) [SCOTUS Ruling]
Yes, the procession of a gun in a local school zone is not an economic activity
an sustainable effect on interstate commerce the law.
A criminal stature that has nothing to do with “commerce” or any sort of economic activities.
U.S. v. Lopez (1995) [So What?]
Reinforced states rights through the principle of federalism and set limits on Congressional powers.
Federalist 10 (Madison)
Factions (groups of people with shared interests are natural but dangerous)
Large republic = best way to contractions because it makes it harder for one group to dominate
Brutus 1 (Anti-Federalists)
Against the constitution
believed the federal government would be too powerful
Wanted smaller republics (states) to protect liberty
Federalist 5 (Madison)
Separation of powers + Checks and Balances.
“Ambition must be made to counter act ambition”
Impeachment
Congress can impeach/remove president/judge
Limited Government
Government is restricted by Constitution
Protect rights, prevents tyranny.
John Locke
Natural law, natural law is the law of god
“consent of people” - supported rebellion when rule is not respected
Jean Jacques Rousseau
Social contract
argued for the separation of powers in the administrative government
legislative, executive, judicial