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Declaration of Independence (1776)
Argues that governments exist to protect natural rights (life, liberty, pursuit of happiness) and get their power from the consent of the governed; justifies independence from Britain.
Articles of Confederation (1781)
Created a weak national government with strong states; Congress lacked power to tax, regulate trade, or enforce laws.
U.S. Constitution (1787)
Established a stronger federal government with separation of powers, checks and balances, and federalism while protecting individual rights.
Federalist No. 10 (Madison)
Argues that a large republic best controls the dangers of factions by diluting their influence.
Brutus I (Anti-Federalist)
Warns that a strong national government threatens state power and individual liberties; argues the Constitution gives too much power to the federal government.
Federalist No. 51 (Madison)
Explains how separation of powers and checks and balances prevent tyranny and protect liberty.
McCulloch v. Maryland (1819)
Facts: Maryland taxed the national bank; McCulloch refused to pay.
Question: Can Congress create a national bank? Can states tax it?
Holding: Yes, Congress can create the bank (Necessary & Proper Clause); states cannot tax federal institutions (Supremacy Clause).
U.S. v. Lopez (1995)
Facts: Congress banned guns near schools.
Question: Does this fall under the Commerce Clause?
Holding: No—Congress overstepped its power; limited the Commerce Clause.
Limited government
Government power is restricted by law (rule of law).
Natural rights
Rights people are born with (life, liberty, property).
Popular sovereignty
Government derives authority from the people.
Republicanism
People elect representatives to govern on their behalf.
Social contract
People give up some freedom in exchange for protection by government.
Participatory democracy
Broad citizen participation in politics.
Pluralist democracy
Interest groups compete to influence government.
Elite democracy
Society is ruled by a small, wealthy, or powerful elite.
Federalists vs. Anti-Federalists
Federalists supported ratification and a strong national government; Anti-Federalists opposed it and demanded protections like the Bill of Rights.
Weaknesses of the Articles
No power to tax, regulate trade, raise an army, or enforce laws; unanimous consent required for amendments.
Great (Connecticut) Compromise
Bicameral legislature: House (population) + Senate (equal).
Electoral College
System for electing the president indirectly.
Three-Fifths Compromise
Counted enslaved people as 3/5 of a person for representation and taxation.
1808 Compromise
Congress could not ban slave trade until 1808.
Article V (Amending the Constitution)
Proposes amendments (2/3 Congress or states) and ratifies them (3/4 states).
Separation of powers
Divides power among legislative, executive, and judicial branches.
Checks and balances
Each branch can limit the power of the others.
Federalism
Power shared between national and state governments.
Layer cake federalism
Clear division of powers between state and federal governments
Marble cake federalism
Shared and overlapping powers.
Exclusive powers
Powers only the federal or state government has.
Concurrent powers
Powers shared by both (taxing, courts).
Categorical grants
Federal funds with strict conditions.
Block grants
Federal funds with fewer restrictions.
Federal mandates
Requirements imposed on states by the federal government
Devolution
Transfer of power from federal government to states.
Tenth Amendment
Powers not given to federal government are reserved to states.
Fourteenth Amendment
Applies Bill of Rights to the states (incorporation).
Commerce Clause
Allows Congress to regulate interstate commerce.
Necessary and Proper Clause
Allows Congress to use implied powers to carry out enumerated powers.
Enumerated powers
Powers explicitly listed in the Constitution.
Implied powers
Powers inferred from the Constitution.