APGOV unit 1 review - democracy & the constitution

James Madison

father of the con

advocated for a strong central gov BUT w/ checks and balances

fed 10 & fed 51

Separation of powers

divides gov power among the 3 branches

executive

legislative

judicial

checks and balances

the separation of power between the branches ensuring no one branch becomes too powerful

federalism

sharing power between the national and state gov

express powers

clearly stated/given in the constitution (taxes)

implied powers

not stated but suggested by the constitution (creating a bank)

reserved powers

powers for the state (education)

concurrent powers

shared powers between the states and fed gov

democracy

gov by the people

citizens have power to make decisions

natural rights

life liberty property pursuit of happiness

rights you were born w/and cannot be taken away

popular sovereignty

powers come from the people

gov must serve the peoples will

republicanism

citizens elect reps to make decisions on their behalf

selective incorporation

applying the Bill of Rights to the states through 14th amend

liberty

freedom to act think or live as you choose

as long as you don’t harm others

participatory democracy

broad participation of citizen policies & decision making

pluralist theory

politics is a competition among many groups ensuring no single group dominates

elitist theory

society is controlled by a small group of elites w/ wealth and power

constitutional republic

a gov where officials are elected

must govern according to laws/const

republic

form of gov where citizens elect leaders to rep them

writ of habeas corpus

protection against unlawful imprisonment

have to be charged to be held

bills of attainder

laws that punish w/o trial

banned by const

ex post facto laws

laws that punish actions that were legal when they were done

New Jersey Plan

equal rep for states regardless of size

virginia plan

rep based on population

great compromise

combines nj and va plans

senate - equal

house of reps - population - based

3/5 compromise

counted slaves as 3/5 person for rep and taxation

fiscal federalism

use of fed funds to influence state policies

a of c

1st US gov doc but was made too weak to prevent tyranny

gave most power to states

lacks a strong central gov

couldn’t tax or regulate commerce

Declaration of Independence

written by Jefferson

declared independence from brit and listed grievances against the king

constitution of the US

current framework of the US gov

est a stronger central gov W/ checks and balances

fed 10

written by Madison

argued a large republic would prevent any one faction from dominating

brutus 1

ANTI FED PAPER

argued a strong central gov would take away states rights

personal freedoms

fed 51

written by Madison

the importance of separation of powers and checks and balances to control gov power

McCulloch v Maryland (1819)

fed case

est fed supremacy over states

Maryland tried to tax fed bank court ruled states can’t tax fed gov

confirmed implied powers under necessary and proper clause

US v Lopez (1995)

limited congress’s power under commerce clause

ruled fed law banning gun in school zones was uncon bc it didn’t relate to commerce

reinforced states rights in regulating local issues

necessary and proper clause

aka elastic clause

allows congress to make any laws needed to carry out powers

gives FLEXIBILITY to pass laws not specifically listed in the constitution

supremacy clause

fed law = supreme law of the land

if fed and state laws conflict fed law wins

commerce clause

gives congress power to reg trade between states w/ foreign nations

used to expand fed power over economic issues

full faith and credit clause

states must recognize and respect laws records and court decisions of other states

privileges and immunities clause

prevents states from treating citizens of other states unfairly

ensures equal treatment when visiting or moving to other states