Midterm Key Points

U1 | Social contract

The idea that people consent to be governed in exchange for protection of their rights and order.

U1 | Natural rights

Rights people have inherently; Locke identified life, liberty, and property.

U1 | Limited government

Government may exercise only powers granted to it and is constrained by law.

U1 | Popular sovereignty

The principle that political power ultimately comes from the people.

U1 | Consent of the governed

Government's legitimacy depends on the people's consent.

U1 | Representative government

People elect officials to make decisions on their behalf.

U1 | Divine right of kings

The belief that a monarch's authority comes from God.

U1 | Separation of powers

Government authority is divided among legislative, executive, and judicial branches.

U1 | Checks and balances

Each branch has ways to limit or check the power of the others.

U1 | Bicameral vs. unicameral

Bicameral legislatures have two chambers; unicameral legislatures have one.

U1 | Quorum

The minimum number of members who must be present to conduct official business.

U1 | Faction

A group united by a shared interest or passion that may act against others' rights or the public good.

U1 | Ratify

To formally approve, such as a constitution or amendment.

U1 | Elitism theory

The view that a small, wealthy or powerful group holds most political power.

U1 | Pluralism theory

The view that many organized groups compete and share influence over policy.

U1 | Hyperpluralism theory

The view that too many powerful groups can make government gridlocked or unable to act.

U1 | Magna Carta (1215)

Limited the English king's power and affirmed that the monarch was subject to law.

U1 | Petition of Right (1628)

Challenged the king's use of taxation without Parliament and arbitrary imprisonment.

U1 | English Bill of Rights (1689)

Limited royal power and strengthened Parliament while protecting certain rights.

U1 | Declaration of Independence (1776)

Announced independence and argued that government exists to protect natural rights.

U1 | Articles of Confederation

The first U.S. governing framework; it created a weak national government with no independent executive.

U1 | U.S. Constitution (1787)

Created a stronger federal government with separated powers and checks and balances.

U1 | Hobbes, Leviathan

Argued that people need a strong sovereign to maintain order and avoid a state of conflict.

U1 | Locke, Two Treatises of Government

Argued that people have natural rights and may change a government that violates them.

U1 | Montesquieu

Influenced the Constitution's separation-of-powers principle.

U1 | Locke's ideas in the Declaration

Natural rights, consent of the governed, and the right to alter or abolish a government that violates rights.

U1 | Why the Articles created a weak government

Americans feared centralized tyranny after their experience with British rule.

U1 | Major weaknesses of the Articles

Congress could not directly tax or effectively regulate interstate commerce, lacked a separate executive, and had no national judiciary.

U1 | Shays' Rebellion

An uprising by indebted Massachusetts farmers that exposed weaknesses of the Articles government.

U1 | Jefferson's view of Shays' Rebellion

He was relatively sympathetic to rebellion as a check on government, emphasizing liberty.

U1 | Madison's view of Shays' Rebellion

He saw it as evidence that the national government needed greater power to preserve order.

U1 | Virginia Plan

Proposed a stronger national government and representation based largely on population; associated with Edmund Randolph.

U1 | New Jersey Plan

Proposed a plan preserving equal state representation in a unicameral Congress; associated with William Paterson.

U1 | Great (Connecticut) Compromise

Created a bicameral Congress: House representation based on population and equal state representation in the Senate.

U1 | Three-Fifths Compromise

For representation and direct taxation, counted three-fifths of the enslaved population; it strengthened slaveholding states' political power.

U1 | Federalists

Supported ratification and a stronger national government; prominent leaders included Madison, Hamilton, and Jay.

U1 | Anti-Federalists

Opposed or worried about the proposed Constitution's centralization of power and lack of a bill of rights; leaders included Henry, Lee, and Mason.

U1 | Federalist No. 10

Madison argued that a large republic and many competing factions could limit the danger of any one faction dominating.

U1 | Federalist No. 51

Explains checks and balances and why ambition in each branch can counteract ambition in other branches.

U1 | Why add the Bill of Rights?

To protect individual liberties and address Anti-Federalist concerns about federal power.

U2 | Legislative branch

Congress; makes laws.

U2 | Executive branch

The President and executive agencies; enforce and administer laws.

U2 | Judicial branch

Federal courts; interpret laws and resolve legal disputes.

U2 | Checks and balances: legislative example

Congress can impeach and remove federal officials through the constitutional process and can override a presidential veto with sufficient votes.

U2 | Checks and balances: executive example

The President can veto bills passed by Congress.

U2 | Checks and balances: judicial example

Courts can declare government actions unconstitutional through judicial review.

U2 | Federalism

Power is divided and shared between the national government and state governments.

U2 | Article I

Establishes Congress and describes legislative powers.

U2 | Enumerated powers

Powers explicitly listed in the Constitution.

U2 | Necessary and Proper (Elastic) Clause

Allows Congress to make laws needed to carry out its enumerated powers.

U2 | Implied powers

Powers not expressly listed but inferred from enumerated powers and the Necessary and Proper Clause.

U2 | Article II

Establishes the presidency and executive branch.

U2 | Electoral College

The system through which states appoint electors who formally vote for President and Vice President.

U2 | Commander in Chief

The President's constitutional role as head of the armed forces.

U2 | Article III

Establishes the federal judicial branch, including the Supreme Court.

U2 | Article V

Sets out the formal process for amending the Constitution.

U2 | Supremacy Clause

Article VI rule that the Constitution, valid federal laws, and treaties are the supreme law of the land.

U2 | First Amendment

Protects religion, speech, press, assembly, and petition.

U2 | Second Amendment

Protects the right to keep and bear arms.

U2 | Fourth Amendment

Protects against unreasonable searches and seizures.

U2 | Fifth Amendment

Includes grand jury protections for serious federal crimes, protection against self-incrimination and double jeopardy, due process, and just compensation for takings.

U2 | Sixth Amendment

Protects rights in criminal prosecutions, including a speedy public trial, impartial jury, counsel, and confronting witnesses.

U2 | Eighth Amendment

Bars excessive bail and fines and cruel and unusual punishment.

U2 | Ninth Amendment

Clarifies that listing certain rights does not mean people have no other rights.

U2 | Tenth Amendment

Reserves powers not delegated to the United States, nor prohibited to the states, to the states or the people.

U2 | Formal amendment process

An amendment is proposed by two-thirds of both houses of Congress or a convention called by two-thirds of state legislatures, then ratified by three-fourths of states.

U2 | Informal constitutional change

Constitutional meaning or practice changes through court interpretation, legislation, executive action, party practices, custom, or social change.

U2 | Marbury v. Madison (1803)

Established the principle of judicial review: courts can declare laws or government actions unconstitutional.

U2 | Formal vs. informal amendment

Formal change alters the constitutional text through Article V; informal change alters interpretation or practice without changing the text.

U3 | Unitary system

A system where the central government holds ultimate authority; local governments exercise delegated powers.

U3 | Confederation

A system where states or regional governments retain most power and the central government is relatively weak.

U3 | Federal system

A system where power is constitutionally divided between national and state governments.

U3 | Delegated powers

Powers assigned to the national government by the Constitution.

U3 | Express powers

Powers explicitly written in the Constitution.

U3 | Inherent powers

Powers a national government is understood to possess because it is sovereign, especially in areas such as foreign affairs.

U3 | Reserved (police) powers

Powers retained by states, often involving health, safety, welfare, and morals.

U3 | Concurrent powers

Powers shared by national and state governments, such as taxing and borrowing.

U3 | Grants-in-aid

Federal funds given to state or local governments for public purposes.

U3 | Categorical grants

Federal grants for a narrowly defined purpose, often with specific conditions.

U3 | Block grants

Federal grants for broad policy areas, giving states more discretion in spending.

U3 | Power of the purse

The power to raise and spend money, especially Congress's control over federal appropriations.

U3 | Unfunded mandate

A federal requirement imposed on state or local governments without sufficient federal money to cover its costs.

U3 | Marbury v. Madison (1803)

Established judicial review, allowing courts to invalidate unconstitutional laws or actions.

U3 | McCulloch v. Maryland (1819)

Recognized implied national powers and ruled that a state could not tax the national bank; reinforced federal supremacy.

U3 | Gibbons v. Ogden (1824)

Held that Congress's commerce power covers interstate commerce, strengthening national authority over interstate trade.

U3 | Wickard v. Filburn (1942)

Allowed federal regulation of locally grown wheat because, in aggregate, such activity could substantially affect interstate commerce.

U3 | South Dakota v. Dole (1987)

Allowed Congress to condition some federal highway funds on states adopting a minimum drinking age.

U3 | United States v. Lopez (1995)

Struck down the federal Gun-Free School Zones Act as beyond Congress's commerce power in that case.

U3 | United States v. Morrison (2000)

Struck down the federal civil remedy in the Violence Against Women Act as beyond Congress's commerce and enforcement powers in that case.

U3 | Gonzales v. Raich (2005)

Allowed federal regulation of locally grown marijuana as part of a broader federal drug-control scheme.

U3 | Dual federalism / layer cake

Roughly 1860s–1930s in the guide; national and state responsibilities were treated as more separate.

U3 | Cooperative federalism / marble cake

Roughly 1930s–1970s in the guide; national and state governments shared responsibilities and programs, especially during the New Deal era.

U3 | New Federalism

A movement associated with the Reagan era in the 1980s to return discretion to states, including through block grants.

U3 | Devolution Revolution

The 1990s shift toward giving states more responsibility, including welfare reform and limits on unfunded mandates.

U3 | Post-9/11 federalism

Expanded national security coordination and authority, including the Department of Homeland Security and the Patriot Act.

U3 | Federalism pendulum

The balance of power between national and state governments shifts over time.

U3 | How McCulloch and Gibbons expanded national power

They interpreted implied powers and interstate commerce broadly, supporting stronger federal authority.

U3 | How Lopez and Morrison limited national power

They placed limits on Congress's use of the Commerce Clause where the regulated activity was not sufficiently connected to interstate commerce.

U4 | Civil liberties

Protections against government interference with individual freedoms.

U4 | Civil rights

Protections against discrimination and guarantees of equal treatment.