APUSG - Unit I

social contract

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

natural rights

rights inherent in humans; life, liberty, property

consent of the governed/popular sovereingty

the government's power comes form the will of the people

limited government

restrictions placed on government to protect the natural rights of citizens

republicanism

grows from popular sovreignty; elected leaders represent the interests of the people

Declaration of Independence

• primary author: Thomas Jefferson

• puts forth reasons for independence and outlines democratic values

participatory democracy

broad participation in politics and civil society
citizens can influence policy decisions but do not make them

pluralist democracy

group based activism by nongovernmental interests striving to impact political decision making
individuals work through groups formed around common causes

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

Virginia Plan

favored large states
bicameral legislature
representation based on population

New Jersey Plan

favored smaller states
unicameral legislature
equal representation for states, members appointed

Conneticut Compromise

bicameral legislature
House of Representatives: directly elected, based on population
Senate: equal representation (2 per state) appointed by state legislature

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

Three-Fifths Compromise

slaves counted as 3/5 of a person in populatin tally
slaveholding states had more representation

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

bill of attainder

prohibited, punish people without a judicial trial

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

treason

levying war against U.S., adhering or giving aid and comfort to their enemies

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

formal amendment ratification

amendment is ratified by three-fourths of the state legislatures, or:
amendment is ratified by three-fourths of the state conventions

informal changes to Constitution

judicial interpretation of Constitution
tradition and customs
technology
public demand for change

bicameralism as a check/balance of power

both houses must agree to pass a law

federalism as a check/balance of power

states can sue to overturn federal law as unconstitutional
amendments must be ratified by states

exclusive powers

reserved for national government only
coin money, declare war, etc.

enumerated powers

powers granted to tha national government in the Constitution and especially to Congress
borrow money, regulate commerce

implied powers

not specifically granted to the federal government, but considered necessary to carry out enumerated powers
minimum wage, trade between states

reserved powers

protected in 10th Amendment
powers given to states
conduct elections, provide police protection, intrastate commerce

concurrent powers

powers that both the national and state governments share
pass and enforce laws, create courts, levy taxes

full faith and credit clause

requiring states to recognize the public acts, records, and civil court proceedings from another state

extradition

the requirement that officials in one state return a person to another state where a crime is committed

privileges and immunities clause

states cannot discriminate against people from out of state

dual federalism

how federalism was practiced 1790s-1930s
federal and state governments had their own separate spheres
example is education

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

devolution

returning more authority to state or local governments

fiscal federalism

the federal government's use of grants-in-aid to influence policies in the states

categorical grants

provide money to states for specific policies with certain conditions attatched to them

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

unfunded mandates

federal requirements that the states must follow without being provided with funding

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

Tenth Amendment

reserves powers to state government
example of limited government

Fourteenth Amendment

ratified after Civil War
goal was to protect civil rights and civil liberties in the states
limits state power

due process clause of 14th Amendment

forbids states from denying any person "life, liberty, or property" without due process of law

equal protection clause of 14th Amendment

states cannot "deny to any person within its jurisdiction the equal protection of the laws"

commerce clause

grants Congress the authority to regulate interstate business and commercial activity

necessary and proper clause

gives Congress its implied powers to pass laws beyond their enumerated powers

supremacy clause

establishes the Constitution and the laws of the U.S. as the highest laws of the land

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

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