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Declaration of Independence
We Hold These Truths… Justified separating from England influenced by Natural Rights theory from John Locke. Written by Thomas Jefferson
State of Nature
Life without government
Natural Rights
the idea that all humans are born with rights, which include the right to life, liberty, and property
Limited Government
The idea that restrictions should be placed on government to protect the natural rights of citizens.
Federalist 10
Warned against the mischief of factions and attempted to solve the issue with a Big Republic. A country with a large central government and many factions, and representatives to filter the wills of the masses to protect minority interests.
Brutus 1
Argued that a large national government would not work due to the size of the United States. The government would be too detached from the people and would threaten civil liberty.
Republic
A form of government in which the people select representatives to govern them
Direct Democracy
A form of government in which citizens rule directly and not through representatives
pluralist democracy
a theory of democracy that holds that citizen membership in groups is the key to political power
elite democracy
Limits citizen's role in government. Focuses on a small group making choices for the masses.
participatory democracy
a theory of democracy that holds that citizens should be involved in a representative's decisions.
Articles of Confederation
The first social contract of the United States which gave primary power to the state government.
Shay's Rebellion
A series of attacks on courthouses by a small band of farmers. This showed the weakness of the Articles of Confederation.
Federalist
A term used to describe supporters of the Constitution during ratification debates in state legislatures.
Anti-Federalists
These were people who opposed the Constitution and argued for a bill of rights to protect civil liberties. Eg: Brutus 1
Amendment Process
proposed by 2/3 vote of both houses of congress THEN ratified by 3/4 of the 50 state legislatures
Constitutional Grey Areas
Topics such as Education which were left open to interpretation on the exact role of the federal government.
Great Compromise
Created a bicameral Congress where states would have equal representation in one house of the legislature and representation based on population in the other
3/5 Compromise
For the purpose of the House of Representatives slaves were counted as 3/5 of a person
Electoral Compromise
in electing the president: voters vote for electors pledged to cast their ballots for particular party's candidates.
Compromise on the importation of slaves
Congress could not restrict the slave trade until 1808
Checks and Balances
each branch of government to limits the powers of the other branches in order to prevent abuse of power
Separation of Powers
division of powers among the legislative, executive, and judicial branches. Each has their own separate purposes.
Federalist 51
Argues that separation of powers within the national government is the best way to prevent tyranny.
Impeachment Process
The House of Representatives decides to impeach (accuse) Then the Senate holds a trial to convict and remove (2/3 majority).
Federalism
A system in which power is shared between the national and state governments
concurrent powers
Powers held jointly by the national and state governments.
exclusive powers
Those powers that can be exercised by the National Government alone
reserved powers
Powers not specifically granted to the federal government or denied to the states belong to the states
US v. Lopez
Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.
categorical grants
Federal grants for specific purposes, such as building an airport
block grants
federal grants-in-aid that allow states considerable discretion in how the funds are spent
Mandates (funded and unfunded)
terms set by the national government that states must meet whether or not they accept federal grants
Necessary and Proper Clause (Elastic Clause)
gives Congress the power to do whatever it finds necessary to accomplish its enumerated powers
Supremacy Clause
The Federal constitution is the supreme law of the land. States cannot override federal power
McCulloch v. Maryland
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
Commerce Clause
Clause stating that Congress can regulate interstate and international commerce.
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed natural rights and equal protection of the laws
Full Faith and Credit Clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
Privileges and Immunities Clause
prevents a state from treating citizens of other states in a discriminatory manner.
Advantages of Federalism
Provides multiple access points for people to influence government
Confederation
an alliance of independent states
Unitary Government
all government powers belong to a single, central agency.
Tyranny
Cruel and oppressive government or rule
Tyranny of the majority
the tendency in democracies to allow majority rule to neglect the rights and liberties of minorities
John Locke
Philosopher: government powers are derived from the consent of the governed and its purpose it to protect life, liberty, and property.
Social Contract Theory
A voluntary agreement between the government and the governed.
Popular Sovereignty
A belief that ultimate power resides in the people.
Factions
Political groups that agree on objectives and policies who would ignore the rights of others to accomplish their goals.
The Bill of Rights
The first 10 Amendments to the Constitution, to protect individual liberties and win over enough states to officially ratify.
The Preamble
We The People…. (the introduction to The Constitution) has no legal power.
enumerated powers
The powers explicitly given to Congress in the Constitution.
implied powers
Powers not specifically mentioned in the constitution