Studied by 20 people
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
Congress has implied powers through the necessary and proper clause, powers beyond enumerated powers
Constitution and federal laws supreme law over state laws (Supremacy Clause)
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
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