Key Concepts of American Democracy and Federalism

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60 Terms

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limited government

Government power that is restrained defined by a constitution/set of laws ensuring protected individual rights

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social contract

An agreement between the government and its citizens where the citizens give up some of their rights in exchange for protection and promotion of the common good

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natural rights

Rights you have when you're born that every individual has such as the rights to life, liberty, and property

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John Locke's three rights

Life, Liberty, and Property

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unalienable rights in the Declaration of Independence

Life, Liberty, and the pursuit of happiness

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popular sovereignty

The concept of the citizens get to make the decisions where they get to vote or express feelings on laws, leaders, and policies

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republicanism

A system of government where the power is held by the people through elected representatives that they vote for

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equality

Treating everyone the same way and giving them the same rights, opportunities, and respect regardless of

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participatory democracy

Participatory democracy is when citizens have full control in the decision making process, for example, citizens can attend a town hall meeting where they voice their opinions on certain issues and help make decisions.

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pluralist democracy

Pluralist democracy is when different interest groups combine into a non related government group to help influence the government make decisions in favor of these groups' opinions.

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elite democracy

Elite Democracy is where citizens vote on elected representatives who are usually well educated and skillful.

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Madison's argument against factions

According to Federalist no. 10, Madison argues for a republic where factions can still be present but not exactly the priority of the government

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Anti-Federalists' preferred government

Anti-Federalists argued that a small republic would allow more equality between the citizens and the government.

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scope of government and individual rights

As the scope of government grew, individual rights could be taken away/advantage of.

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Federalists

Believed in a strong centralized government because they believed it was best for America's large population and protect the rights of all citizens.

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Confederation/Confederate system

A loose union of sovereign states.

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Reason for establishing a confederate system

They needed to have a starting form of government for the new nation.

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American government under the Articles of Confederation

Each state had its own constitution, which within these constitutions it provided different branches of government and protected individual freedoms.

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Weaknesses of the Articles of Confederation

Congress could not tax people directly, there was no national court system or currency, and congress could not regulate commerce (trade) among states.

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Shay's Rebellion

The cause for Shay's Rebellion was the economic difficulties for farmers that the states couldn't help, creating an uprising that highlighted weaknesses of the Articles of Confederation, particularly a lack of centralized military.

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The Great Compromise

The decision of how states would be represented in congress by making sure each state has 2 senators and a number of representatives based on state population size.

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Electoral College

A system of how electors are chosen by each state having the same number of electors as they have representatives in congress.

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Three-Fifths Compromise

The decision of how slaves were counted in representation of the states by counting 3 of every 5 slaves into the population.

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Slavery

Where people are treated as property and are forced to work without pay or freedom and have no basic rights.

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Right to vote

The ability for citizens' voices to be heard by voting for elected officials that they want best to represent them.

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Separation of powers

It is the division of government into three branches each with responsibilities rather than one part of government making all the decisions.

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Madison on separation of powers

He states that it's important because it keeps it from any of the three branches having complete control of the government.

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Checks and balances

It is how each branch can limit the powers of another branch.

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Example of checks and balances

For example, the president can veto laws, but Congress can override that veto, and the courts can rule laws as unconstitutional.

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Madison on checks and balances

He states it is essential for the government to have because it limits the powers between the three branches.

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Federalism

It is the separation of powers between the federal and state governments.

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Enumerated powers

Specific powers granted to Congress as outlined in the Constitution.

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Enumerated powers

Powers specifically granted to the federal government as said in Article 1, section 8 of the U.S. Constitution

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Implied powers

Powers that are not explicitly stated in the constitution but are implied to be used

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Necessary and proper clause

A clause which allows congress to make laws that are needed to carry out its power even though it's not explicitly stated in the constitution. It helps congress do their jobs as long as they are related to the powers the constitution gives them.

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Reserved powers

Powers that the constitution doesn't give to the federal government which means they are powers kept in the states

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Concurrent powers

Powers that both the federal and state governments share

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Dual federalism

A concept of government where the federal and state governments have their own clearly defined powers. It's important because it kept a balance of power between the state and federal government and protected state rights.

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Cooperative federalism

Where the state and federal governments work together on issues, decision making, and more. It's important because it allows for smart decisions to be made since it focuses on issues of the whole nation and the individual states themselves.

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Revenue sharing

Refers to the practice of the national government a portion of tax money to the state governments. Funds given can be based off of population. It allows for the government to share some of its funds with the state governments allowing them to benefit.

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Mandate (unfunded mandate)

Requirements made by the federal governments on state governments, which could be certain things the states have to do or goals to reach. These can be funded or unfunded.

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Disabilities Education Act (IDEA)

Requires states to provide special education for those eligible students.

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Categorical grant

A portion of money given from the federal government for specific purposes/projects with strict guidelines on how the money should be used.

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Highway Safety Grant

A fund that allows states to improve their highways/roads.

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Block grant

A portion of money given from the government for general areas such as education and healthcare. These grants usually have fewer strings attached and give the states a bit more freedom on how they use the money.

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Temporary Assistance for Needy Families (TANF)

A block grant that gives states money to help with welfare programs for families in need. States can use the money how they see fit to support those families.

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10th Amendment

States that powers that are not given to the federal government automatically belong to the states

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14th Amendment

Guarantees that everyone gets equal protection and is treated fairly by the law and states can't take these rights away

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Commerce clause

This allows for the federal government to control trade between states

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Necessary and Proper clause

Allows for congress to make laws that are necessary for the nation even if they aren't necessarily stated in the constitution

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Supremacy clause

Federal laws, treaties and policies are the highest in the entire nation

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McCulloch v. Maryland 1819

The federal government created a national bank within the state of Maryland. Maryland created a law that would tax this national bank since it was in its state. McCulloch, a worker in the national bank, refused to pay the tax. Therefore the supreme court came in and decided the federal government could create this bank and the state government of Maryland could not tax this bank and since it was a national bank, its powers were supreme.

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Impact of McCulloch v. Maryland

This strengthened the federal government because they used the necessary and proper clause to create the bank and the supremacy clause so states couldn't tax this bank

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United States v. Lopez 1995

After a high school student brought a gun to school, used its power of the commerce clause to create a law of banning guns in school zones. However the supreme court ruled that the federal government did not have the authority to regulate this since it had nothing to do with commerce.

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Impact of United States v. Lopez

It shows how the federal government used the commerce clause which was not even related to the situation to get control of it. Since it concerned schools, it was a decision the states had to make and the federal government was trying to take advantage of that.

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Environmental Policies and Federalism

Environment related Treaties that the U.S. has been in and left effect states that don't put any laws on environment concerns unless they choose to follow those environment guidelines.

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Paris Agreement

Before Trump's presidency we were in the Paris agreement, however during trump's presidency, he left the agreement. But states still had the choice to follow those guidelines that were in the agreement.

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Legalization of Marijuana

While marijuana is a federal law, states have the choice to legalize it for medicinal or recreational purposes.

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Marbury V. Madison

A supreme court case that created judicial review which declared laws unconstitutional.

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William Marbury's Case

William Marbury was promised a job by President Adams, but his paperwork didn't go through. He sued, but the Court said he couldn't get the job because the law he used to bring his case was not constitutional.