Unit 1 - Democracy & the Constitution 

Chapter 1 - American Gov & Politics 

Politics - the process of influencing the actions & politics of the government

Government - the rules & institutions that make up that system of policy making

Democracy - a system of government where power is held by the people 

Natural Rights -  John Locke 

• the right to life liberty & property, which government cannot take away 

Social contract - John Locke 

• People allow their governments to rule over them to ensure an orderly & functioning society 

American political culture - the set of beliefs, customs, traditions, & values that 

 Americans share. 

Popular sovereignty - the idea that the government’s right to rule comes from the people

 Political equality among citizens (b/c all have the right to vote not    

   just a small % of the population

Republicanism - a system in which the government’s authority comes from the people 

      through their elected representatives

Inalienable rights - rights the government cannot take away

Liberty - social, political & economic freedoms 

Participatory democracy - a theory stating that widespread political participation is 

          essential for democratic government

Civil Society - broad citizen involvement (like through social justice groups) 

Civil society groups - independent associations outside the government’s control 

Pluralist theory - emphasizes the role of groups in the policymaking process 

Elitist theory - a theory democracy that the elites have a disproportionate amount of 

  influence in the policymaking process

Political institutions - the structure of government including the executive, legislative 

   & judiciary

Constitutional republic - a democratic system with elected representatives in which the 

        constitution is the supreme law

Constitutional government - the powers of the government are both described & 

   limited by the constitution

Totalitarian government 

• All power claimed by central government 

Authoritarian government 

• Central government claims most power but some independent social & economic institutions exist & government does not exert total control over the citizens’ lives 

Representative government

• Citizens select representatives who vote on policy. Individual liberties are protected 

Chapter 2 - The Constitution

Constitution - a document that sets out the fundamental principles of governance & 

                          establishes the institutions of the gov. 

Republic - gov. Ruled by representatives of the people

Articles of Confederation & Perpetual Union - a governing doc that created a union of

                                                                                    13 sovereign states in which the states, 

                                                                                not the national gov, were supreme 

Unicameral - one-house legislature

Bicameral - two house legislature 

Shays’s Rebellion - uprising against the gov of massachusetts. Sparked b/c many 

                                   Americans did not want to replace articles of confederation, worry     

                                   about equal representation & outlawing slavery 

Constitutional Convention - meeting attended by state delegates to fix arts. of    

                                                    confederation

﹏﹏﹏﹏﹏﹏﹏ These were important to the colonists especially b/c ﹏﹏﹏﹏﹏Britain did not allow them these rights. So they implemented rights that were  

                                     not  allowed to them in England  

Writ of habeas corpus - right of people detained by gov. to know the charges against 

                                           them

Bills of attainder - when the legislature declares someone guilty w/o a trial                                 

                                 (is prohibited by states & congress) 

Ex post facto laws - laws punishing people for acts that were not crimes at the time they 

                                    were committed 

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Virginia Plan - plan of gov. for a 3 branch gov. w/ bicameral legislature 

                           So states w/ bigger population → more rep in congress

New Jersey Plan - plan of gov. w/ unicameral legislature w/ equal votes for each state

Great Connecticut Compromise - A compromise between the Virginia plan & the new  

                                                             Jersey plan creating a bicameral legislature, with the 

                                                             House of representatives & Senate

Grand Committee - committee @ constitutional convention → worked out compromise 

                                 about representation

Three-Fifths Compromise - counting slaves as three fifths of a person. While slaves were 

                                                   not considered equal citizens considering slaves as ⅗ means 

                                                   that slave-states would get more representation in gov

Compromise of Importation - Congress could not restrict slave trade until 1808

Separation of powers - division of the gov. To avoid any one branch becoming too 

                                          powerful on its own 

Checks & balances - gov design →each branch has powers that can prevent other 

                                         branches from making policy → aka the enforcement of    

                                         separation of powers

Federalism -the sharing of power between national & state

Legislative branch - makes legislation 

Expressed or enumerated powers - authority specifically granted to a branch of gov. 

                         ↘                                   In the constitution

                              ↘ Expressed powers as in powers EXPRESSED in the constitution 

Necessary & proper or elastic clause - granting the powers necessary to carry out 

                                                                      expressed power

Implied powers - powers beyond what is expressed in the constitution

Inherent powers - powers of the national gov. in foreign affairs that the Supreme Court 

    ↘         declare do not depend on constitutional grants but rather grow out of 

        ↘                      the very existence of the national gov. 

               Inherent b/c they are INHERENT of the national gov. In its role as sovereign

  Like how humans inherently breathe completely independently & can’t remove 

   that w/o killing the alive person 

Executive branch - carries out the laws from legislative branch 

Judicial branch - responsible for hearing & deciding cases through federal courts 

Supremacy clause - constitutional provision declaring all national laws & treaties are

                           ↘         he supreme law of the l&

                               ↘ supremacy like the constitution is SUPREME & has 100s of clauses 

Amendment - the process by which changes may be made to the constitution

Federalists - supporters of a strong national government pro constitution 

Anti federalists - opposed constitution b/c favored stronger state govs

Federalist Papers - Essays detailing the theory behind the constitution

Faction - group of self interested people who use the gov. to achieve their desires & 

                 trample over the rights of others 

★ Preamble U.S. Constitution

Sovereignty comes from the people and the constitution will create a “more perfect union”.

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★ Federalist No. 51

An essay by Madison which argues separation of powers + federalism 

Will prevent tyranny

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★ Federalist No. 10

Federalist, for the ratification of the Constitution 

Madison’s take on factions they’re dangerous. 

However, factions are unavoidable as long as people will continue to have 

diff. values, & to prevent factions is to destroy liberty 

w/ the Constitution

1. The large republic → dilutes power of factions

2. w/ so many factions competing → have to compromise 

→ protecting common good & reducing risk of tyranny 

To protect from tyranny from the majority → since there are so many competing interests → fewer distinct parties →harder for one faction to dominate 

The only way to add variety into the political sphere means a large republic

→ meaning ratifying the constitution 

Protecting majority rule while not oppressing the minority 

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★ Brutus No. 1

Anti-federalist paper arguing against the Constitution. 

Representation…the growing nation would become too large to truly rep. the people

• Either under the constitution they could have many reps. However nothing would get passed (b/c inefficiency)

• & historically large republics (such as rome) have ended up tyrannical 

• Or smaller # of reps. but the reps would no longer vote on behalf of the people b/c they don’t know the desires of the multitude they are representing 

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Economically

• Giving congress the power to tax would be amazing if in the right hands…if not would be used tyrannically 

What about changing your mind in retrospect?

• This doc. argues if the people no longer desired the Constitution they would have to fight to reverse it (b/c of ratification) 

Having a standing militia →damage liberty

Representatives would only grow more powerful → not relinquishing office

→gateway into tyranny (worried about tyranny of the majority)

Brutus No. 1 argues for states’ sovereignty, how thirteen small republics 

would be more functional and equal than one large republic 

& supports participatory democracy 

• Individual rights 

Chapter 3 - Federalism 

﹏﹏﹏﹏﹏﹏﹏﹏﹏﹏Systems of dividing state & national gov﹏﹏﹏﹏﹏﹏﹏﹏﹏﹏

Unitary system - a system where the central gov. has all the power over subnational

                               Govs. (ex. Subnational = states)

Confederal system - a system where the subnational govs. have most of the power

            (ex. States had more power under the articles of confederation)

Federal system - a system where power is divided between the national & state govs. 

                                                                            🞴 this is what the U.S. is

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Exclusive powers - powers only the national gov. Have the right to exercise 

Commerce clause - grants congress the authority to regulate interstate business 

                                   & commercial activity 

Necessary & proper clause - grants the federal gov. the authority to pass laws

  NECESSARY to carry out its enumerated powers

Aka the elastic clause            

↘

                 b/c it is flexible so federal gov. Can pass laws →carry out enumerated powers

Supremacy clause - establishes the constitution as the supreme law of the l& 

          & the laws of federal gov. under constitutions authority 

Tenth Amendment - reserves powers not delegated to the national gov. to the states & the people; the basis of federalism 

Reserved powers- powers not given to the national gov. which are retained by the states

        & people

Concurrent powers - powers granted to both states & federal gov. in the Constitution 

Full faith & credit clause - constitutional clause requiring states to recognize public acts,

                                                records & civil court proceedings from another state 

Extradition - the req. that officials in one state return a defendant to another state where             a crime was committed 

Privileges & immunities clause - constitutional clause that prevents states from

          discriminating against people from out of state 

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❀ McCulloch v. Maryland      1819

Centered on the Second Bank of the U.S. (national bank chartered by Congress)

Maryland passed laws to tax the Second Bank of the U.S. 

Bank officials refused to pay the state tax → went to the supreme court 

Question brought to Supreme Court 

1. Did congress have the authority to establish the bank?

2. Did individual states have the authority to tax its branches operating within state borders

Ultimate ruling aligned with the supremacy law, siding with the national gov. 

instead of federal gov. 

→ ruled Congress had the right to establish the bank b/c it was an implied power

→ ruled that Maryland & other states did not have the authority to tax the bank’s state   

     Branches 

This case established that Congress has the implied power to charter a bank b/c implied power under the necessary and proper clause and states may not tax the federal gov

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Thirteenth Amendment - constitutional amendment that outlawed slavery 

Fourteenth Amendment - constitutional amendment that provides that persons born in 

 ↘                                          the U.S. are citizens and prohibits states from denying persons     

     ↘                                      due process or equal protection under the law

            Meaning southern states couldn't deny citizenship to former slaves

Fifteenth Amendment - gave African American males the right to vote

Dual federalism - a form of American federalism in which the states & the national

       gov. operate independently in their own areas of public policy 

Selective incorporation - the process through which the Supreme court applies

              fundamental rights in the Bill of Rights to the states on a                                      case-by-case basis 

Cooperative federalism - a form of American federalism in which the states & national

       gov. work together to shape public policy 

Fiscal federalism - federal gov.’s use of grants-in-aid w/ specific provisions on their use

↘

       Grant-in-aid - federal provided to states 

                                  to implement public policy objectives

Categorical grants - grants-in-aid provided to states with specific conditions on their use

  ↘    categorical like CARROT. Carrot on stick b/c the grant encourages states to 

carry out national policy objectives while if they fail the federal gov. Threatens to take away their

Unfunded mandates - federal req. that states must follow w/o being provided funding 

Block grant - type of grant-in aid that gives state officials more authority in the

            disbursement of federal funds

Revenue sharing - when the federal gov. apportions tax money to the states w/

        No strings attached

Devolution - returning more authority to state or local govs. 

Statute - written law passed by a legislative body 

Americans with Disabilities Act of  1990

        ↘      Example of an unfunded mandate 

      Required states to change existing public buildings to make them accessible to 

      disabled americans. It supported disabled americans though at the cost of 

      state budgets 

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❀ United States v. Lopez      1995

Facts of case: 

Lopez went to a local public high school w/ an unloaded gun & cartridges & ammunition

He planned to sell the gun on campus to another student 

He was charged w/ (after state charges were dropped) violating federal Gun-Free School Zones Act of 1990 

Question brought to Supreme Court: 

Is the 1990 Gun-Free School Zones Act forbidding individuals from knowingly

carrying a gun in a school zone unconstitutional b/c it exceeds the power of Congress to legislature under the Commerce Clause?

Ruled: that it wasn't economic activity that would affect interstate commerce

Reasoning: if they were to accept bringing a gun to a local high school as interstate

commerce →then everything would be classified as a violation of 

commerce clause. Like all activities related to economic productivity (marriage, child custody etc.) 

& nothing would be left to the states

& affirmed 10th Amendment, federal system protecting state power. 

This case limited the federal gov.’s ability to pass legislation under the commerce clause → giving more power to the states 

Required Articles 

★ Article IV 

States will respect other states

States must return prisoners/slaves 

States cannot be formed inside another state 

U.S. guarantees republican gov. & protects states from riots if state 

legislatures ask 

★ Article V

Lays out how many votes are req. to ratify the constitution

(⅔ of congress → ¾ of state legislatures)

(or ⅔ of states hold constitutional convention to propose amendments) 

& No amendment prior to 1808 can affect slave trade/taxes 

★ Article VI

Supremacy Clause 

All gov. Officials bound to constitution 

& no religious test can be used to serve in public office 

★ Article VII

To ratify constitutional meetings reqs. 9 states approval 

This agreement 12 years after nation’s independence 

Electoral college - way of electing the pres. Indirectly via electors 

        & the # of electors are based on each state’s # of senators