Unit 1 Review

Enlightenment Values found in the Declaration of Independence

Enlightenment Values found in the US Constitution

Principles of individual rights, the separation of powers, checks and balances, and the social contract. Individual rights are protected in the Bill of Rights, emphasizing personal freedoms such as speech, religion, and assembly.

Features of the Articles of Confederation

The Articles of Confederation established a weak central government with a unicameral Congress, granting most powers to the states, lacking executive and judicial branches, and requiring a supermajority for major decisions. It created a loose alliance of independent states and resulted in challenges such as economic instability, inability to levy taxes, and difficulty in regulating commerce.

separation of powers

A governmental framework that divides powers among the legislative, executive, and judicial branches to prevent any one branch from gaining too much authority. The legislative branch (Congress), which makes laws; the executive branch (the President), which enforces laws; and the judicial branch (the courts), which interprets laws.

Framers of the US Constitution

The group of delegates who drafted the US Constitution in 1787, including key figures like James Madison and Alexander Hamilton, aimed to create a stronger federal government and incorporate Enlightenment principles. They addressed weaknesses in the Articles of Confederation, focusing on individual rights, the separation of powers, and checks and balances.

Article V

It establishes two methods for proposing amendments: either by a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of state legislatures. Once proposed, an amendment must be ratified by three-fourths of the state legislatures or by conventions in three-fourths of the states.

Connecticut Compromise/Great Compromise

The agreement during the Constitutional Convention that created a bicameral legislature, combining proportional representation in the House of Representatives with equal representation in the Senate, satisfying both large and small states.

Original Electoral College

A mechanism established by the US Constitution for indirectly electing the president and vice president, where voters in each state cast ballots for electors pledged to vote for their chosen candidate. The establishment of the Electoral College reflects a compromise between those who preferred direct popular election and those who sought a more deliberative body to select the president, highlighting the framers' desire to create a republic that balances democratic ideals with structural safeguards against potential tyranny.

Slavery and the Constitution

The issue of slavery in the Constitution involved contentious debates and compromises, including the Three-Fifths Compromise, which determined how slaves would be counted for taxation and representation purposes. Furthermore, the Constitution included provisions for the continuation of the slave trade until 1808 and established a process for the return of escaped slaves.

Necessary and Proper Clause

A clause in the US Constitution that grants Congress the power to make all laws that are necessary and proper for executing its enumerated powers. This clause, also known as the Elastic Clause, enables Congress to adapt its legislative authority to changing circumstances.

Supremacy Clause

A provision in the US Constitution stating that federal law takes precedence over state laws and constitutions. It ensures that the Constitution and federal statutes are the highest law of the land.

Commerce Clause

The Commerce Clause is a provision in the US Constitution that grants Congress the power to regulate commerce with foreign nations, among the states, and with the Native American tribes. This clause has been the basis for much of Congress's legislative authority and has been used to justify a wide range of regulatory actions.

Popular Sovereignty

The principle that the authority of a state and its government is created and sustained by the consent of its people, often expressed through voting. It is a foundational concept of democracy, emphasizing that the power resides with the people.

Amending the Articles of Confederation vs US Constitution

The process of making changes to the Articles of Confederation required unanimous consent from all thirteen states, making it extremely difficult to amend, while the US Constitution allows for amendments through a more flexible process requiring approval from two-thirds of both houses of Congress and ratification by three-fourths of the states.

Checks and Balances

The system of government in which separate branches have distinct powers and responsibilities, preventing any one branch from dominating the others. This principle is essential for maintaining accountability and limiting government power.

Federalist no. 51

An essay by James Madison that argues for the necessity of checks and balances in government to prevent tyranny and protect individual rights, emphasizing the need for separate powers within government.

Brutus no. 1

An essay authored by an anti-Federalist that argues against the proposed Constitution, emphasizing the dangers of central government power and the need for a Bill of Rights.

Dual Federalism

A political system where power is divided between the national and state governments, each with distinct and independent responsibilities, often likened to a layer cake. 1789-early 20th century.

Cooperative Federalism

A political system where national and state governments work together to address common challenges, often sharing responsibilities and collaborating on programs, likened to a marble cake. 1930s-present

Devolution/New Federalism

A political philosophy advocating for the transfer of certain powers from the federal government back to the states, promoting state autonomy and reducing federal influence, especially in domestic affairs. Popularized in the mid 1970s and 80s during Nixon and Reagan eras. This approach emphasizes local governance and encourages states to take the lead in policy areas such as welfare and education.

The Bill of Rights

The first ten amendments to the United States Constitution, guaranteeing individual liberties and protections against government overreach. They include rights such as freedom of speech, religion, and the right to bear arms.

Grants-in-aid

Federal funds provided to state or local governments for specific programs or projects, often used to help in areas like education, transportation, and health services, facilitating cooperation between levels of government.

categorical grant

A type of grant-in-aid provided by the federal government to states or localities for specific purposes, with detailed requirements and regulations attached.

block grant

A large sum of money granted by the federal government to states or local governments for broad purposes, allowing more flexibility in how the funds are used compared to categorical grants.

government mandate

An official order or requirement imposed by the federal government on state or local governments, often requiring them to take specific actions or comply with certain regulations.

unfunded mandate

A requirement imposed by the federal government on state or local governments without providing the necessary funds to cover the costs of compliance.

Virginia Plan

A proposal for the structure of the U.S. government presented at the Constitutional Convention in 1787, which called for a bicameral legislature with representation based on population.

New Jersey Plan

A proposal for the structure of the U.S. government presented at the Constitutional Convention in 1787, which advocated for a unicameral legislature with equal representation for each state regardless of population.

Antifederalists

A diverse coalition of people who opposed the ratification of the U.S. Constitution, fearing it would create a central government that was too powerful and threaten individual liberties. They advocated for stronger state governments and the inclusion of a Bill of Rights.

Federalists

Supporters of the U.S. Constitution who advocated for a strong central government and believed in the necessity of a federal system to maintain order and stability.

A Democratic Republic

is a form of government in which officials are elected to represent the interests of the citizens, combining elements of democracy and republicanism. This system emphasizes the role of elected representatives and the rule of law while safeguarding individual rights.

Pluralist Democracy

is a political system where multiple groups coexist, compete, and share power, ensuring that diverse interests are represented in the decision-making process. This form supports the idea that no single group dominates and encourages collaboration among various factions.

Elite Democracy

is a political system in which a small number of influential individuals or elite groups hold significant power and make decisions on behalf of the broader population, often prioritizing their interests over the general populace.

Participatory Democracy

is a political system that emphasizes broad participation and direct involvement of citizens in decision-making processes, allowing them to actively engage in governance and influence policy outcomes.

Federalism

is a political system that divides power between a central government and regional governments, allowing each level to have some degree of autonomy and authority over its own affairs.

McCulloch v. Maryland

is a landmark Supreme Court case in 1819 that established the principle of federal supremacy over state laws and affirmed the federal government's implied powers under the Constitution via the elastic clause

US v. Lopez

is a significant Supreme Court case decided in 1995 that constrained the federal government's power under the Commerce Clause, ruling that Congress could not regulate guns in schools as it did not significantly affect interstate commerce.

Delegated powers

are powers explicitly granted to the federal government by the Constitution, enabling it to operate effectively while maintaining a division of responsibilities with state governments.

Reserved Powers

are powers that are not explicitly granted to the federal government by the Constitution and are therefore reserved for the states, allowing them to legislate and govern on matters not addressed at the federal level.

Concurrent powers

are powers that are shared by both the federal and state governments, allowing them to legislate and govern in certain areas simultaneously, such as taxation and law enforcement.

Article I

of the United States Constitution outlines the legislative branch, detailing the powers and responsibilities of Congress, including the authority to make laws, regulate commerce, and control federal spending.

Article II

of the United States Constitution establishes the executive branch, outlining the powers and responsibilities of the President, including the enforcement of laws, conducting foreign affairs, and serving as the Commander-in-Chief of the armed forces.

Article III

establishes the judicial branch, defining the powers of the Supreme Court and other federal courts, as well as addressing the jurisdiction and types of cases these courts may hear.

Article IV

of the United States Constitution addresses the relationship between states and the federal government, including the Full Faith and Credit Clause and the process for admitting new states.

Article V

of the United States Constitution outlines the process for amending the Constitution, specifying how amendments can be proposed and ratified.

Article VI

of the United States Constitution establishes the supremacy of federal law over state laws, mandates an oath of office for all government officials, and prohibits religious tests for officeholders.

Article VII

of the United States Constitution addresses the ratification process of the Constitution itself, stating that it should take effect once nine states have ratified it.

1st Amendment

of the United States Constitution protects the rights to freedom of speech, religion, press, assembly, and petition.

2nd Amendment

of the United States Constitution protects the right of the people to keep and bear arms, ensuring the ability to maintain a well-regulated militia.

3rd Amendment

of the United States Constitution prohibits the quartering of soldiers in private homes without the owner's consent during peacetime.

4th Amendment

of the United States Constitution protects citizens from unreasonable searches and seizures, requiring a warrant based on probable cause.

5th Amendment

of the United States Constitution guarantees the right to due process, protects against double jeopardy, and prohibits self-incrimination and the taking of private property without just compensation.

6th Amendment

of the United States Constitution guarantees the rights of criminal defendants, including the right to a public trial, an impartial jury, and legal counsel.

8th Amendment

of the United States Constitution prohibits excessive bail, fines, and cruel and unusual punishments.

9th Amendment

of the United States Constitution protects rights not specifically enumerated in the Constitution, ensuring that individuals retain certain rights beyond those listed.

10th Amendment

of the United States Constitution reserves powers not delegated to the federal government to the states or the people, emphasizing the principle of federalism.

Montesquieu

A French political philosopher known for his theory of separation of powers, which influenced the structure of modern democratic governments.

Voltaire

A French Enlightenment writer and philosopher known for his advocacy of civil liberties, including freedom of speech and separation of church and state.

Rousseau

A French philosopher whose work focused on the social contract and the idea that government derives its authority from the consent of the governed.

John Locke

An English philosopher who is considered the father of liberalism. He argued for the natural rights of life, liberty, and property, and his ideas influenced the American and French revolutions.

Natural Rights

Fundamental rights inherent to all individuals, including life, liberty, and property. These rights are seen as universal and not granted by government.

The Social Contract

A philosophical concept proposing that individuals consent to form a society and government in exchange for protection of their natural rights. It emphasizes the importance of mutual agreement and the legitimacy of authority.

Weaknesses of the Articles of Confederation

The inadequacies of the first governing document of the United States, which led to a lack of central authority, inefficiency in governance, and challenges in taxation and interstate commerce. Major issues included lack of federal power, inability to regulate trade, and difficulty in passing laws.

Federalism in the Constitution

The division of powers between national and state governments, established by the U.S. Constitution. It aims to balance authority and protect individual liberties. Key provisions: Delegated/Express Powers, Reserved Powers, and the Supremacy Clause

Unitary System

A political system where a single central government holds the authority, contrasting with federalism where power is shared with regional governments. In a unitary system, sub-national entities mainly implement decisions made by the central government.

Confederal System

A political framework where member states retain most of the power, while the central authority has limited powers. In this system, the central government relies on the cooperation and consent of the states to function effectively.

Examples of Expressed Powers

Include the power to levy taxes, regulate interstate commerce, making treaties, coining money, setting immigration rules, and declare war.

Examples of Reserved Powers

Powers not specifically granted to the federal government by the Constitution, reserved for the states. These include the authority to conduct elections, establish local governments, and regulate education.

Benefits of Federalism

The advantages of federalism include local governance, which allows for tailored policies, and the ability to check central government power by distributing authority across regional governments.

Issues with Federalism

Includes conflicts between state and federal laws, varying state policies leading to inequality, and challenges in coordination during crises.

Expressed vs Implied Powers

Expressed powers are specifically listed in the Constitution, while implied powers are those that are not explicitly stated but are necessary to carry out the expressed powers. Basis for implied powers = necessary and proper clause