The Constitution and Founding Terms

Popular Sovereignty

Government that is ruled by the people

Natural Rights

the idea that everyone is born into having certain rights: Life, Liberty, and Pursuit of Happiness

Shay’s Rebellion

1. A violent farmer’s rebellion in Massachusetts countryside between 1786 and 1787 because of no payment from government after American Rev.

2. Symbolized fatal weakness in the Articles of Confederation because Congress had no way of raising money so had no way of helping states pay off war debt

Great (Connecticut) Compromise

1. Provided for a bicameral (2 legislative bodies) legislature

2. Representation in the House of Representatives based off of population of the state

3. Representation in the Senate by equal numbers for each state (2 Senators)

Bicameral Legislature

A two-house legislative system, such as the House of Representatives and the Senate that make up the U.S. CongressT

Three-Fifths Compromise

3/5 of slaves were counted when determining a state’s total population for legislative representation and taxation (gave advantage to slave states in the House before Civil War)

Preamble

“Common defense”: every state will be protected and that the country as a whole will be defended against outsiders

Article I

Establishes the Legislative Branch

Articles II

Establishes the Executive Branch

Article III

Establishes the Judicial Branch

Article IV

Establishes balances between the states and federal governmentAr

Article V

Describes how to amend (change) the Constitution

Federalist

1. Supported the ratification of the new Constitution

2. Led by Alexander Hamilton, James Madison, and John Jay (They wrote the “Federalist Papers”

Anti-Federalist

1. Opposed the ratification of the new Constitution

2. Unsuccessful in stopping ratification

   1. Critical toward passing the Bill of Rights (first 10 amendments of constitution)

James Madison

1. Federalist

2. One of the main co-writers of the Constitution as well as “Federalist Papers”

   1. “Father of the constitution”

Bill of Rights

1. Freedom of Speech, Religion, and Assembly

2. Right to bear arms

3. No forced quartering of soldiers

4. Freedom from unlawful searches

5. Right to due process of law, freedom of self-incrimination, double jeopardy

6. Right to a speedy and public trial (Criminal Cases)

7. Right to a jury for civil cases

8. No cruel or unusual punishment

9. Rights are not limited to the constitution

10. Power reserved to the states

Enumerated/Expressed/Delegated Powers

Powers of federal government that are specifically described in the Constitution

Ex. Veto, levying taxes, regulating commerce, etc.

Exclusive Powers

Powers which exclusively to the national government

Ex. raising an army, negotiating treaties, or declaring war

Concurrent Powers

Powers which are shared between the national and state government

Ex. taxation, law and order, etc.

Reserved Powers

Powers reserved to the states

Ex. abortion, marriage regulations, etc.

Implied powers/Elastic Clause/Necessary and Proper Clause

Powers not directly stated in the constitution, but are implied based on other stated powers

Ex. IRS based on enumerated power to tax

Inherent Powers

The power that the national government exercises simply because it is a government. Any government should have these powers

Ex. Power to control the border, create new territories, recognize foreign powers, etc.

Checks and Balances

A system that provides each branch of government with individual powers to prevent any one branch from becoming too powerful

Separation of Powers

Each branch has its own powers and responsibilities

Limited Government

US Constitution devotes most space to limiting power of the government

Republic

1. US is not a pure democracy, but a republic

   1. We vote for representatives that will vote for us

Power of the Purse

1. Congress and only Congress has control of the total budget.

   1. Money can only be raised (taxed) and spent with congressional approval

Interstate Commerce/Commerce Clause

Constitution gives national government to regulate business/trade between the states

Confirmation

The power that the Senate has to confirm the president’s appointments (people that president appoints) as well as the power to ratify treaties

Ratification

The official way to confirm something, usually by vote (Or just approval of something)

Judicial Review

The right that the Supreme Court has to review laws and strike them down if they are unconstitutional

Amendment Process

1. 2/3 of state legislatures can vote to ask Congress to call a national convention to propose amendments. ¾ of states then must ratify the amendments. This method has never been tried

   1. 2/3 of HoR and Senate vote in favor of an amendment. The amendment must then be ratified by ¾ of states.

Impeachment

A way of removing the President, Vice President, and certain other officials who are guilty of treason

1. Majority of HoR must vote to impeach or put the official on trial in the Senate

2. The impeached official is then put on trial in the Senate. If 2/3 of Senate votes for conviction, the official is removed

Federalist 10/Faction

Madison compares the differences between a democracy and a republic and he believes that a republic is superior to a democracy because a democracy cannot prevent the violence in factions. He also suggested that a large republic would be better since it would make it more less likely that a small faction could gain enough power to dominate.

Federalist 51

Addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government

Dual Federalism (“Layer Cake Federalism”)

Each level of government has unique powers

Cooperative Federalism (“Marble Cake Federalism”)

Overlapping powers between the levels of government

Fiscal Federalism

• The system of payments made by the national government in which it shares its revenues with states

  • The national government is able to influence state behavior through its allocation of money to the states

Supremacy Clause

National Laws take precedence over state laws

Full Faith and Credit Clause

• State courts have to respect the laws and judgments of courts from other states

• This allows for Driver’s license, marriage license, etc.

  • The only exception are laws that violate the public policy of another state

Privileges and Immunitities Clause

Prevent states from treating non-residents in a discriminatory manner. All of the rights and privileges given to a state’s resident must also be given to people from outside the state

Devolution

• The process of returning more power to the states

Initiative

• The citizens of a state want a new law passed

• They appeal to other citizens, usually through the signing of petitions, to get the proposal on the ballot for the next statewide election

• If the requirements are satisfied, the proposal appears in the ballot

• When the election occurs, a state’s citizens vote on the proposal

• If it passes, the proposal usually becomes a law

Referendum

• Similar to an initiative, but the proposal is created by an elected body, such as a state legislature, school board, etc. No need for petitions and it goes on ballot right away.

Recall

• Means of removing an elected state official before their the end of his/her term

• Similar to initiative, you need signed petitions to hold a recall election

• Recall elections might be held on their own, or as part of an already scheduled election

Participatory Democracy

A form of government in which citizens participate individually and directly in political decisions rather than through elected representatives

Ex. Initiative, Recall, Referendum

Pluralist Democracy

• Model in which no single group dominates politics and organized groups (or factions) compete with each other to influence policy

Elite Democracy

A democratic institution in which a small number of citizens hold and influence political power

Ex. Supreme Court, Electoral College

Mandates

Terms set by the national government that states must meet whether or not they accept federal grants. Most deal with civil rights or environmental protection

Categorical Grants

Must have a specific purpose—often include matching funds—more control by federalBl government

Block Grants

• Several Categorical or project grants are consolidated into a single grant with a more general purpose

• Provides more autonomy for states in terms of how the money is spent

Unfunded Mandates

Mandates that impose costs on state and local governments (and private industry) without reimbursement from the federal government