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Limited Government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

Natural Rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

Social Contract

An agreement between the people and their government signifying their consent to be governed

Popular Sovereignty

A belief that ultimate power resides in the people.

Declaration of Independence

Signed in 1776 by US revolutionaries; it declared the United States as a free state.

Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)

Preamble

Introduction to the Constitution, beginning, "We the People of the United States..."

U.S. Constitution

"The supreme law of the land." Written in 1787 at Philadelphia Convention to replace Articles of Confederation and create stronger central government. Outlines structure & power of 3 branches of national government. Oldest written constitution still in use (but amended 27 times plus myriad informal amendments).

Representative Democracy

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.

Participatory Democracy

a system of democracy in which all members of a group or community participate collectively in making major decisions

Pluralist Democracy

a model of democracy that stresses vigorous competition among various interests in a free society

Elite Democracy

A political system in which the privileged classes acquire the power to decide by a competition for the people's votes and have substantial freedom between elections to rule as they see fit.

Hyperpluralism

a theory of government and politics contending that groups are so strong that government is weakened

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures.

Anti-Federalists

Anti-Federalists rose up as the opponents of the Constitution during the period of ratification. They opposed the Constitution's powerful centralized government, arguing that the Constitution gave too much political, economic, and military control. They instead advocated a decentralized governmental structure that granted most power to the states

Centralized government

a form of government in which the national government has most of the power, while the states have little power

Decentralized government

A decentralized government is one where its top level decision-making processes are dispersed throughout the system rather than being concentrated on one person, place or legislative body

Reserved powers

Powers not specifically granted to the federal government or denied to the states belong to the states and the people

Republic

A form of government in which citizens choose their leaders by voting

Factions

Political groups that agree on objectives and policies; the origins of political parties.

Shay's Rebellion

This conflict in Massachusetts caused many to criticize the Articles of Confederation and admit the weak central government was not working; uprising led by Daniel Shays in an effort to prevent courts from foreclosing on the farms of those who could not pay the taxes

Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population. This plan favored small states.

Connecticut Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.

Three-Fifths Compromise

Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.

Slave Trade Compromise

Prohibited Congress from making any law concerning the importation of slaves for 20 years.

Ex Post Facto law

law that makes an act punishable as a crime even though the action was legal at the time it was committed; forbidden in U.S. Constitution

Bill of Attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court; forbidden in the U.S. Constitution

Electoral College

A group of people named by each state legislature to select the president and vice president

Article IV

outlines the relationship among the states and between the national government and the states

Article V

Amending the Constitution

Amendment process

Proposal: amendment proposed by 2/3 vote of both houses of congress OR a constitutional convention called by congress on petition of 2/3 out of 50 states. Ratification: amendment ratified by 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states THEN the new amendment!

Article VI

Supremacy Clause

Article VII

Ratification of the Constitution

Article I

Establishes the Legislative Branch

Article II

Establishes the Executive Branch

Article III

Establishes the Judicial Branch

Ratification

Formal approval

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Tyranny of the Majority

The potential of a majority to monopolize power for its own gain to the detriment of minority rights and interests.

Federalism

A system in which power is divided between the national and state governments

Judicial review

The power of the courts to declare laws and actions of the President (or the states) unconstitutional

Impeachment

An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing "Treason, Bribery, or other high Crimes and Misdemeanors." An impeachment charge in the House would be followed by a trial in the Senate. Conviction of impeachment charges would lead to removal from office.

Concurrent powers

Powers held jointly by the national and state governments.

Police powers

powers of the states to protect the public health, safety, morals, and welfare of the public; accomplished through making laws, enforcing them and interpreting them.

Judicial power

the power to interpret laws, to determine their meaning, and to settle disputes that arise within the society

Legislative power

the power to make a law and to frame public policies

Executive power

the power to execute, enforce, and administer law

dual federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies; sometimes called layer cake federalism.

cooperative federalism

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly; sometimes called marble cake federalism.

Fiscal federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.

Grants in aid

programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government

incentives

a positive or negative environmental stimulus that motivates behavior; the granting of funding to promote a federal objective

conditions of aid

terms set by the national government that states must meet if they are to receive certain federal funds

revenue sharing

A law providing for the distribution of a fixed amount or share of federal tax revenues to the states for spending on almost any government purpose.

mandates

terms set by the national government that states must meet whether or not they accept federal grants

categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

enumerated powers

The powers explicitly given to Congress in the Constitution.

implied powers

Powers inferred from the express powers that allow Congress to carry out its functions.

inherent powers

The powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government.

Supreme Court of the U.S.

the highest court in the United States; SCOTUS

statute

a written law passed by a legislative body

ordinance

a local law

initiative

A procedure by which voters can propose a law or a constitutional amendment. This is only applicable in some states.

recall

A procedure whereby voters can remove an elected official from office. This is only applicable in some states.

referendum

Instance when a legislative act is referred for final approval to a popular vote by the electorate; often used for state constitutional amendments in Alabama.

McCulloch v. Maryland (1819)

Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. Institution; John Marshall; "the power to tax involves the power to destroy." Affirmed federal power.

U.S. v. Lopez (1995)

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce. Reduced national power.

commerce clause

The clause in the Constitution (Article I, Section 8, Clause 3) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

elastic clause (necessary and proper clause)

Article I, Section 8, clause 18 of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.

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.

extradition clause

Part of Article IV of the Constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial.

Federalist 10

An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.

Federalist 51

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.

Brutus 1

- Argument against the Constitution
- Examples of History
- The U.S. is too big
- Too many different interests
- Government will be too far away
- Government is too powerful
- Supremacy/Necessary and Proper Clause

John Locke

17th century English philosopher who opposed the Divine Right of Kings and who asserted that people have a natural right to life, liberty, and property. His writing was a strong influence on founders, including Thomas Jefferson in the Declaration of Independence.

James Madison

"Father of the Constitution," Federalist leader, and fourth President of the United States.

formula grants

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

conservative

A person who believes government power, particularly in the economy, should be limited in order to maximize individual freedom.

liberal

A person who believes government power, particularly in the social/political realm, should be limited in order to maximize individual freedom.

authoritarian

A style of government characterized by submission to authority. It tends to oppose individualism and democracy. In its most extreme cases it is one in which political power is concentrated in a leader or leaders, who possess exclusive, unaccountable, and arbitrary power.

libertarian

Person who believes the government should be as small and interfere with people's life as little as possible. Advocates for ultimate liberty for the people.

Democratic Party

Liberal political party in the United States

Republican Party

Conservative political party in the United States

public policy

A choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem.

government

The institution through which a society makes and enforces its public policies

policy agenda

The issues that attract the serious attention of public officials and other people actively involved in politics at the time.

consent of the governed

The idea that government derives its authority by sanction of the people.

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

Marbury v Madison (1803)

Established judicial review

unitary system

A government that gives all key powers to the national or central government

federal system

A government that divides the powers of government between the national government and state or provincial governments

confederation

an alliance of independent states

project grants

Federal categorical grant given for specific purposes and awarded on the basis of the merits of applications.

beneficiary states

A term in fiscal federalism which references states that receive more benefits from the federal government for programs and services than their citizens send to the federal government in tax revenue.

donor states

A term in fiscal federalism which references states that provide more to the national government in tax dollars than they receive back in services for their state and its citizens.

Patriot Act (2001)

Law responding to 9/11. Expands anti-terrorist powers (wiretapping, surveillance); 4th Amendment concern for civil liberties.