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Article I
Established Congress as the legislative branch of the federal government and lists the powers of Congress.
Article II
Describes the role and power of the Executive branch.
Article III
Created the Supreme Court but allowed Congress to establish lower courts.
Article IV
Deals with state citizenship, the relationship between states, and the relationship between the states and the federal government.
Article V
Describes the process for amending the Constitution.
Article VI
States the Constitution as the highest law of the land, which federal and state officers and judges must uphold.
Article VII
Describes the process for the ratification of the Constitution.
The Legislative Vesting Clause (Article I, Section 1)
Grants all legislative power to Congress.
The Origination Clause (Article I, Section 7)
Requires all tax and revenue bills to start in the House of Representatives.
The Commerce Clause (Article I, Section 8)
Gives Congress the power to regulate foreign and domestic trade.
The Necessary and Proper ("Elastic") Clause (Article I, Section 8)
Grants Congress general powers that are not explicitly named in the Constitution but are needed to fulfill its duties.
The Slave Importation Clause (Article I, Section 9)
Ended the importation of slaves in twenty years (1808).
The Titles of Nobility and Foreign Emoluments Clause (Article I, Section 9)
Prohibits the federal government from granting titles of nobility and restricts federal government members from receiving gifts, emoluments, or foreign offices or titles without the consent of Congress.
The Executive Vesting Clause (Article II, Section 1)
Establishes the office of President and Vice President for a four-year term.
The Take Care Clause (Article II, Section 3)
Gives the President the power of the discretion of enforcing laws, yet limits their authority to suspend law
The Full Faith and Credit Clause (Article IV, Section 1)
Requires states to recognize other state courts' civil judgments and to accept their public records and acts as valid.
The Privileges and Immunities Clause (Article IV, Section 2)
Requires individual states to grant citizens of all other states the same rights as their own citizens.
The Extradition Clause (Article IV, Section 2)
Requires that a person who is charged with a crime in one state and flees to another is returned to the charging state by the harboring state.
The Supremacy Clause (Article VI, Clause 2)
Gives the Constitution and federal laws priority over any conflicting state laws.
The Establishment Clause (First Amendment)
Forbids Congress from establishing a national religion.
The Free Exercise Clause (First Amendment)
Forbids Congress from prohibiting the free exercise of religion.
The Due Process Clause (Fifth Amendment)
Forbids punishment by the national government without due process of the law.
The Takings Clause (Fifth Amendment)
Forbids the government from taking private property for public use without just compensation.
The Equal Protection Clause (Fourteenth Amendment)
Forbids states from denying any person within their jurisdiction the equal protection of the law.
The Bill of Rights
The first ten amendments to the Constitution that spell out Americans' rights in relation to the government.
The Federalist Papers
A series of essays written to persuade New York voters to ratify the Constitution.
Federalist No. 70
Argues that a "feeble (weak) executive" implies a bad execution of the government and that the legislative branch is ineffective and cumbersome.
Federalist No. 78
A document by Alexander Hamilton that discusses the power of judicial review and the supremacy of the Constitution.
Brutus #1
An anti-federalist paper that argues the Constitution represents a threat to individual rights and liberties.
Letter from Birmingham Jail
A letter by Martin Luther King Jr. that defends the strategy of direct nonviolent resistance to racism as a citizens' moral responsibility.
Marbury v. Madison (1803)
Established the power of judicial review.
McCulloch v. Maryland (1819)
Guaranteed the supremacy of federal laws over state laws and declared that Congress had implied powers.
Schenck v. U.S. (1919)
Ruled that First Amendment free speech rights are not absolute, and speech can be banned if the information endangers public safety or welfare.
Brown v. Board of Education of Topeka, KS (1954)
Deemed the racial segregation of public schools a violation of the Fourteenth Amendment Equal Protection Clause.
Baker v. Carr (1962)
Established "one person, one vote" to ensure equal representation in congressional districts under the Fourteenth Amendment Equal Protection Clause.
Engel v. Vitale (1962)
Ruled that religious practices within a public school system violate the Establishment Clause of the First Amendment.
Gideon v. Wainwright (1963)
Ruled that a criminal trial defendant maintains the Sixth Amendment right to a fair trial, and the Fourteenth Amendment Due Process Clause makes this right applicable to the states.
Tinker v. Des Moines Independent Community School District (1969)
Ruled that students have the right to free speech under the First Amendment, and stepping onto school property doesn't forfeit free expression rights.
New York Times v. U.S. (1971)
Ruled that the government cannot exercise prior restraint of speech, even in cases involving national security, under the First Amendment Free Press Clause.
Wisconsin v. Yoder (1972)
Ruled that students' First Amendment religious freedom outweighs state law and that states cannot force students to attend secondary school.
Roe v. Wade (1973)
Ruled that the Fourteenth Amendment Due Process Clause extends the right to privacy to a woman's right to have an abortion without state interference.
Shaw v. Reno (1993)
Ruled race cannot be the predominant factor in redrawing legislative boundaries under the Fourteenth Amendment Equal Protection Clause.
U.S. v. Lopez (1995)
Ruled that the Commerce Clause grants Congress the power to regulate interstate commerce but not intrastate commerce.
Citizens United v. F.E.C. (2010)
Ruled that independent expenditures are free speech and cannot be limited by federal law under the First Amendment Free Speech Clause.
McDonald v. Chicago (2010)
Ruled that the Second Amendment right to bear arms is applied to the states through the selective incorporation of the Fourteenth Amendment Due Process Clause.
Democracy
A government by the people, either directly or indirectly.
Direct democracy
A government where citizens vote on laws and select officials directly (e.g., referendum, ballot initiative, recall vote, town assembly).
Representative (republican) democracy
A government in which the people elect those who govern and pass laws (e.g., Congress)
Pluralist democracy
A government in which no one group dominates politics, and organized groups (e.g., interest groups) compete with each other to influence policy.
Elitist democracy
A government in which few people, usually the wealthy and well-educated, influence political decision-making (e.g., Electoral College)
Participatory democracy
A government in which citizens can decide directly on policies, and politicians are responsible for implementing these policy decisions (e.g., town hall meetings, initiatives, popular referendums).
The Judiciary
The weakest branch.
Constitutional democracy
A government that enforces recognized limits on those who govern and allows the people's voice to be heard through free, fair, and frequent elections.
Anarchy
The absence of government and laws.
Autocracy
Government by one person with absolute power.
Dictatorship
A government in which the leader has absolute power and authority.
A monarchy
A government ruled by a monarch.
An oligarchy
A government ruled by a few powerful people.
A junta
A government that has taken power in a country by force.
Theocracy
A government controlled by religious leaders.
Totalitarianism
A government that takes centralized control over all aspects of public and private life.
A direct primary
An election in which voters choose political party nominees.
An initiative
A procedure whereby a certain number of voters propose a law or constitutional amendment by petition and have it submitted to voters.
A referendum
A procedure that allows citizens to vote on measures passed by the legislature or proposed amendments to a state constitution.
A recall
A procedure that allows voters to remove officials from office before the end of their term.
Constitutionalism
A set of arrangements that require leaders to listen, think, bargain, and explain before they act or make laws and hold them accountable for how they exercise their power.
Political culture
The widely shared beliefs, values, and norms citizens hold about their relationships with the government and one another.
Shared values
The widely shared beliefs of a country or group of people.
Personal liberty
The freedom of an individual to act freely, limited only by the authority of law to secure public welfare.
Individualism
The principle of valuing individual freedom and rights over those of the government.
Equality
Equal rights and opportunities for all, regardless of race, gender, class, or religion.
The American Dream
The idea that the United States is a land of opportunity where individual initiative and hard work can bring economic success.
The majority rule
Governs according to the preferences of the majority and requires at least fifty percent of the vote in an election (e.g., Electoral College vote).
The plurality rule
Governs according to the popular vote and requires the most votes cast in an election (e.g., presidential popular vote).
The Rule of the Law (Justice)
The idea that the government is based on a body of law applied equally and fairly to every citizen and that no one is above the law.
Capitalism (free enterprise)
An economic system in which a country's trade and industry are controlled by private owners for profit with limited government involvement.
Thomas Hobbes (Monarchy—Absolute Sovereignty)
An Enlightenment philosopher who advocated absolute sovereignty as the only kind of government that could resolve problems caused by human selfishness.
John Locke (Representative Democracy—Social Contract)
An Enlightenment philosopher who advocated the idea of a "social contract" in which the government serves the people and derives its power from the consent of the governed.
Charles Montesquieu (Republican Government—Separation of Powers)
An Enlightenment philosopher who argued for the separation of powers into legislative, executive, and judicial realms that kept each other in check.
Limited government
A government whose powers are defined and limited by a Constitution.
Separation of powers
The division of powers among the three branches of national government.
Checks and balances
Grant each branch of government the power to check the actions of the others to prevent the abuse of power.
Federalism
A system in which power is divided among the national and state governments.
Dual ("layer-cake") federalism
A strict separation of powers between the federal and state governments in which each has its own responsibilities and reigns supreme within its realm.
Cooperative ("marble-cake") federalism
A flexible relationship in which the federal and state governments collaborate on various issues and programs.
Competitive ("fiscal") federalism
A system that encourages state and local governments to compete for residents, businesses, investments, and federal funding.
Restrictive federalism
A system with a strong federal government that only permits states to act when it decides to do so.
Coercive federalism
A system with tight control of the states through federal orders or mandates.
Devolution
The transfer of power from a large, central government to smaller, more localized regions of power.
Unitary system
A system that vests all governmental power in the central government.
Confederation system
Consists of sovereign nations that create a central government but limit its authority and do not give it direct authority over individuals.
Divided government
A government divided between the parties, as when one holds the presidency and the other controls Congress.
Unified government
A government in which the same party controls both branches.
Natural law
A law that defines right from wrong and is higher than human law.
Impeachment
A formal accusation against a public official.
Originalist approach
Holds that the Constitution has a fixed meaning that is determined by a strict reading of the text or the Framers' intent.
Adaptive approach
Holds that the Constitution is flexible and responsive to changing needs.
Enumerated powers
Powers of the federal government that are explicitly named in the Constitution.
Concurrent powers
Powers shared by the federal government and the states.
Reserved powers
Powers reserved to the states alone.