individuals have consented to surrender some of their freedoms and submit to the authority of the ruler in exchange for protection of their remaining rights
2
New cards
natural rights
rights inherent in humans; life, liberty, property
3
New cards
consent of the governed/popular sovereingty
the government's power comes form the will of the people
4
New cards
limited government
restrictions placed on government to protect the natural rights of citizens
5
New cards
republicanism
grows from popular sovreignty; elected leaders represent the interests of the people
6
New cards
Declaration of Independence
- primary author: Thomas Jefferson - puts forth reasons for independence and outlines democratic values
7
New cards
participatory democracy
broad participation in politics and civil society citizens can influence policy decisions but do not make them
8
New cards
pluralist democracy
group based activism by nongovernmental interests striving to impact political decision making individuals work through groups formed around common causes
9
New cards
elite democracy
limited participation in politics and civil society small number of people, usually those who are wealthy or well-educated, influnece political decision making
10
New cards
Virginia Plan
favored large states bicameral legislature representation based on population
11
New cards
New Jersey Plan
favored smaller states unicameral legislature equal representation for states, members appointed
12
New cards
Conneticut Compromise
bicameral legislature House of Representatives: directly elected, based on population Senate: equal representation (2 per state) appointed by state legislature
13
New cards
Electoral College
compromise to select president - each state selects electors that place their vote for president - votes are based on state's \# of House members + senators, lowest \# is 3 - today behaves as "rubber stamp" based on how the state voted
14
New cards
Three-Fifths Compromise
slaves counted as 3/5 of a person in populatin tally slaveholding states had more representation
15
New cards
writ of habeas corpus
court order requiring authorities to explain to a judge what lawful reason they have for holding a prisoner in custody can be suspended during wartime
16
New cards
bill of attainder
prohibited, punish people without a judicial trial
17
New cards
ex post facto law
prohibited, these punish people for acts that were not illegal when they were done or retroactively increase the penalties for illegal acts
18
New cards
treason
levying war against U.S., adhering or giving aid and comfort to their enemies
19
New cards
formal amendment proposal
amendment is proposed by a two-thirds vote of each house of Congress, or: amendment is proposed by a national convention called by Congress at the request of two-thirds of the state legislature
20
New cards
formal amendment ratification
amendment is ratified by three-fourths of the state legislatures, or: amendment is ratified by three-fourths of the state conventions
21
New cards
informal changes to Constitution
judicial interpretation of Constitution tradition and customs technology public demand for change
22
New cards
bicameralism as a check/balance of power
both houses must agree to pass a law
23
New cards
federalism as a check/balance of power
states can sue to overturn federal law as unconstitutional amendments must be ratified by states
24
New cards
exclusive powers
reserved for national government only coin money, declare war, etc.
25
New cards
enumerated powers
powers granted to tha national government in the Constitution and especially to Congress borrow money, regulate commerce
26
New cards
implied powers
not specifically granted to the federal government, but considered necessary to carry out enumerated powers minimum wage, trade between states
27
New cards
reserved powers
protected in 10th Amendment powers given to states conduct elections, provide police protection, intrastate commerce
28
New cards
concurrent powers
powers that both the national and state governments share pass and enforce laws, create courts, levy taxes
29
New cards
full faith and credit clause
requiring states to recognize the public acts, records, and civil court proceedings from another state
30
New cards
extradition
the requirement that officials in one state return a person to another state where a crime is committed
31
New cards
privileges and immunities clause
states cannot discriminate against people from out of state
32
New cards
dual federalism
how federalism was practiced 1790s-1930s federal and state governments had their own separate spheres example is education
33
New cards
cooperative federalism
states and national government share powers and policy assignments national government raise revenues and setting standards state government is responsible for administering the programs
34
New cards
devolution
returning more authority to state or local governments
35
New cards
fiscal federalism
the federal government's use of grants-in-aid to influence policies in the states
36
New cards
categorical grants
provide money to states for specific policies with certain conditions attatched to them
37
New cards
block grants
provide federal money for public policies in a way that increases state and local government authority in how that money is spent less federal influence
38
New cards
unfunded mandates
federal requirements that the states must follow without being provided with funding
39
New cards
revenue sharing
federal government apportions tax money to the states with no strings attatched (literally sharing the money made by the federal government to the states) ended in 1986
40
New cards
Tenth Amendment
reserves powers to state government example of limited government
41
New cards
Fourteenth Amendment
ratified after Civil War goal was to protect civil rights and civil liberties in the states limits state power
42
New cards
due process clause of 14th Amendment
forbids states from denying any person "life, liberty, or property" without due process of law
43
New cards
equal protection clause of 14th Amendment
states cannot "deny to any person within its jurisdiction the equal protection of the laws"
44
New cards
commerce clause
grants Congress the authority to regulate interstate business and commercial activity
45
New cards
necessary and proper clause
gives Congress its implied powers to pass laws beyond their enumerated powers
46
New cards
supremacy clause
establishes the Constitution and the laws of the U.S. as the highest laws of the land
47
New cards
McCulloch v. Maryland
1. Congress has implied powers through the necessary and proper clause, powers beyond enumerated powers 2. Constitution and federal laws supreme law over state laws (Supremacy Clause) 3. expands national power
48
New cards
U.S. v. Lopez
Supreme Court states that Congress did overstep their powers going beyond the commerce clause--reduces national power U.S. v. Lopez is important because it was the first time since 1937 that the Court held that Congress surpassed its powers under the commerce clause