The U.S. Constitution: Constitutionalism and Enlightenment Influences - Vocabulary Flashcards

Vocabulary flashcards covering key Enlightenment influences, constitutional principles, major doctrines, and foundational events from the lecture notes.

John Locke

Enlightenment philosopher (1632–1704), often called the “father of liberalism”; argued natural rights (life, liberty, property) and government by consent of the governed; influenced liberal political theory.

Second Treatise on Government

Locke’s major work advocating natural rights, government by consent, and limited government.

Natural right to property

The right to own and use property as a natural (inherent) right.

Consent of the governed

Legitimacy of government derived from the agreement or consent of the people.

Classical republicanism

Political theory emphasizing civic virtue, the common good, and the legitimacy of government from the people.

Jean-Jacques Rousseau

Enlightenment philosopher (1712–1778); argued people are born free and equal, that society corrupts; advocated civil religion.

The Social Contract

Rousseau’s idea of a political community where natural freedom and equality exist, with the majority in control; supports direct democracy.

Discourse on Inequality

Rousseau’s critique of social and economic inequality and its origins in civilization.

Discourse on Political Economy

Rousseau’s work addressing economic theory and the organization of society.

Born free and equal

Idea central to Rousseau: people are born free and equal; inequality arises from society.

Civil religion

Rousseau’s concept of a form of religion essential to the state and national unity, often aligned with public allegiance.

Original sin

Rousseau’s view that humans are not born with original sin; human beings are inherently good, later corrupted by society.

Deism

Belief in a natural religion based on reason and nature; associated with civil religion in Rousseau’s framework.

James Madison

Founding Father who emphasized the will of the people and ‘auxiliary precautions’—separation of powers and checks and balances.

Auxiliary precautions

Madison’s idea that separation of powers and checks and balances protect the Constitution from tyranny.

Separation of powers

Dividing government into legislative, executive, and judiciary to prevent the concentration of power.

Checks and balances

Each branch can restrain the others to maintain a balanced government.

Rule of law

Governance according to a framework of laws; leaders and government are subject to the law, not above it.

Preamble

Introductory section outlining the general purpose and goals of a constitution.

Federalism

Division of power between national and state governments to prevent centralized power.

Judicial Review

Power of the judiciary to invalidate legislation or actions that conflict with the Constitution.

Marbury v. Madison

1803 Supreme Court case establishing judicial review; asserted that the Supreme Court interprets the Constitution.

Amendatory Articles (Article V)

Two-stage process to amend the Constitution: proposal (2/3 of Congress or a national convention) and ratification (¾ of states); 27 amendments.

Bill of Rights

First ten amendments detailing rights and liberties; includes negative rights and later additions; rights are not exhaustively listed.

Negative rights

Rights that limit government action to protect individuals.

Positive rights

Rights requiring government action to ensure entitlements (economic and social).

Duty statements

Statements indicating citizens’ duties to the government and their rights.

Individualism

Classical liberal view prioritizing individual rights and autonomy, with government enabling rather than directing private life.

Communitarianism

Classical republican view that the community’s public interest can supersede individual rights; the common good guides policy.

English Common Law

Unwritten law based on precedent and reasonableness; includes rights like trial by jury and due process; influenced by case law and legal guarantees.

Magna Carta

English charter that limited the king’s power and protected feudal rights.

Declaration of Independence

1776 document asserting colonies’ independence; emphasizes natural rights (life, liberty, pursuit of happiness) and justifies breaking from Britain; reflects both individualism and communitarian ideas.

Sugar Act of 1764

British law imposing taxes to raise revenue; part of the colonial grievances leading to revolution.

Stamp Act of 1765

British tax requiring many printed materials to bear a tax stamp; sparked widespread colonial opposition and contributed to the push for independence.