Unit 1 – Key Terms, Foundational Documents, Supreme Court Cases, Legislation, and People

Topic 1.1:

1. Limited Government:

   1. A political system in which the government's power is restricted by law, usually in a constitution. The idea is that government authority should be limited to protect individual rights and prevent abuse of power.

2. Natural Rights:

   1. Fundamental rights that individuals possess inherently, independent of government or laws. These rights often include life, liberty, and property, and are considered universal and inalienable.

3. Thomas Hobbes (The Leviathan):

   1. An English philosopher known for his work "The Leviathan" (1651). Hobbes argued for a social contract and the need for a powerful central authority to maintain order and prevent chaos. CITIZENS MUST GIVE UP SOME OF THEIR RIGHTS.

4. John Adams:

   1. One of the Founding Fathers of the United States, a key figure in drafting the Declaration of Independence, and the second President of the United States.

5. Thomas Jefferson:

   1. Another Founding Father, principal author of the Declaration of Independence, and the third President of the United States.

6. John Locke (Second Treatise of Civil Government):

   1. An influential Enlightenment philosopher whose "Second Treatise of Civil Government" (1689) argued for natural rights, government by consent, and the right to revolution against unjust rulers. NATURAL LAW!

7. Alexander Hamilton (Federalist):

   1. A Founding Father, a key figure in drafting the U.S. Constitution, and the first Secretary of the Treasury.

8. Benjamin Franklin:

   1. A polymath, statesperson, and Founding Father who played a crucial role in drafting the U.S. Constitution and the Declaration of Independence.

9. Jean-Jacques Rousseau (The Social Contract):

   1. A French philosopher known for his work "The Social Contract" (1762), which discusses the idea of a SOCIAL CONTRACT, and the general will as the foundation of a just government (3 branches of government). Limited government and political liberty to citizens.

10. James Madison (Federalist):

    1. A Founding Father, often referred to as the "Father of the Constitution," and the fourth President of the United States.

11. Baron de Montesquieu (The Spirit of the Laws):

    1. A French political thinker known for his work "The Spirit of the Laws" (1748), which advocated for the separation of powers within government to prevent tyranny.

12. Social contract

    1. The agreement between people and the government defines the rights and duties of each. (The people must agree among themselves what rules they are willing to follow under their government.)

13. Popular Sovereignty:

    1. The principle that the authority of a government is derived from the people. The government's legitimacy and power come from the consent and will of the governed.

14. Natural Law:

    1. A philosophical concept asserting that there are fundamental, universal principles of morality and justice that transcend human-made laws. It is often considered a basis for legal and political theory. (AKA rules you must follow)

15. Representative Republic:

    1. A collection of sovereign states gathered for the national interest, national needs, and national defense.

16. Republicanism:

    1. A political philosophy that emphasizes the importance of a republic as a form of government. It values the idea of a government in which the people hold power, and elected representatives act on behalf of the public. (Citizens attempting to influence policymaking decisions through elected representatives.)

17. Declaration of Independence:

    1. A document adopted on July 4, 1776, by the Continental Congress, declaring the thirteen American colonies independent from British rule. It was drafted primarily by Thomas Jefferson.

18. Preamble:

    1. The introductory statement of the U.S. Constitution, outlining the document's purpose and goals. It begins with the famous words "We the People," emphasizing the source of government authority.

19. Grand Committee:

    1. A committee formed during the Constitutional Convention of 1787 to address the contentious issue of representation in the legislative branch. The committee proposed the "Connecticut Compromise," leading to the creation of a bicameral legislature.

20. U.S. Constitution:

    1. The supreme law of the United States, adopted in 1787, outlining the structure of the federal government, its powers, and the rights of citizens. It remains a foundational document in American political and legal history.

Topic 1.2:

1. Representative Democracy:

   1. A form of democracy in which citizens elect representatives to make decisions on their behalf. Elected officials are accountable to the electorate, and this system allows for broader participation in decision-making.

2. Participatory Democracy:

   1. A model of democracy where citizens actively participate in decision-making processes, rather than relying solely on elected representatives. It emphasizes the direct involvement of the people in shaping policies.

3. Pluralist Democracy:

   1. A democratic system where power is dispersed among various interest groups, each representing different perspectives and advocating for their interests. They recognize the importance of diverse groups in the policy-making process.

4. Elite Democracy:

   1. A model of democracy where a small, privileged elite holds considerable influence over political decision-making. This perspective suggests that political power is concentrated in the hands of a few.

5. Anti-Federalists:

   1. Opponents of the U.S. Constitution during the ratification process. They were concerned about a strong central government and the lack of a Bill of Rights to protect individual liberties. They played a key role in advocating for adding the Bill of Rights.

6. Initiative:

   1. A process in which citizens can propose new laws or amendments to existing laws directly through a petition and subsequent vote, by passing the legislative process.

7. Interest Group:

   1. An organized group of individuals or organizations that share common goals and work together to influence public policy. They engage in advocacy, lobbying, and other activities to promote their interests.

8. Federalists:

   1. Supporters of the U.S. Constitution during the ratification process. They advocated for a strong central government and believed that the Constitution adequately protected individual liberties.

9. Referendum:

   1. A direct vote by the electorate on a specific proposal or issue. In some cases, it can lead to changes in laws or constitutional amendments based on the outcome of the vote.

Topic 1.3:

1. Federalist #10:

   1. One of the Federalist Papers written by James Madison. Madison addresses the issue of factions and argues that a large republic with representative government is the best way to control the negative effects of factions on government.

2. Factions:

   1. According to James Madison in Federalist #10, they are groups of citizens with shared interests or passions that are averse to the rights of other citizens or the interests of the whole community. Madison explores how to control the influence of factions in a republic.

3. Brutus #1:

   1. The author expresses concern about the powers granted to the federal government by the proposed U.S. Constitution, particularly regarding the Necessary and Proper Clause and the Supremacy Clause.

Topic 1.4:

1. Central Government:

   1. It refers to the national-level governing authority that holds significant powers and responsibilities over a country or nation. In the context of the United States, it primarily refers to the federal government based in Washington, D.C., which is responsible for issues that affect the entire nation.

2. Republic:

   1. It is a form of government in which the country is considered a "public matter", and political power is derived from the citizens through some form of representation. Here, leaders are elected by the people to represent their interests and make decisions on their behalf. The United States, for example, is often referred to as a democratic republic.

3. Articles of Confederation:

   1. It was the first written constitution of the United States, adopted in 1777 and in effect from 1781 to 1789. They established a confederation of sovereign states with a weak central government. However, the limitations led to the drafting of the U.S. Constitution to create a stronger federal government.

4. Political Liberty:

   1. It refers to the freedom of individuals to participate in the political process, exercise their rights, and have a say in the decision-making of a government. It encompasses the protection of civil liberties, democratic principles, and equal representation, ensuring citizens can engage in political activities without undue interference or oppression.

5. Shays’ Rebellion:

   1. It was an uprising in Massachusetts in 1786-1787 led by farmers, including Daniel Shays. The rebellion was sparked by economic hardships and grievances against high taxes and debt. It exposed the weaknesses of the Articles of Confederation, as the federal government lacked the power to quickly suppress the rebellion, highlighting the need for a stronger central government.

6. Confederation Congress:

   1. The central government under the Articles of Confederation, composed of delegates chosen by state governments. Each state had one vote in the Congress, regardless of its population. Congress had difficulty legislating as the Articles required nine of the thirteen states to vote to approve any measure, and a unanimous vote to amend the Articles themselves.

Topic 1.5:

1. Constitutional Convention/The "Grand Committee":

   1. Held in 1787, it brought together delegates to draft the United States Constitution. The "____________" was a committee formed within the Convention to resolve disputes between large and small states, playing a crucial role in shaping the structure of the federal government.

2. Virginia Plan:

   1. proposed by James Madison, it outlined a bicameral legislature with representation based on population size, favoring larger states. It significantly influenced the structure of the U.S. Constitution by advocating for a stronger central government.

3. New Jersey Plan:

   1. It was presented as an alternative to the Virginia Plan, which proposed a unicameral legislature with equal representation for all states. It aimed to protect the interests of smaller states and contributed to the eventual creation of a compromise in the form of the Great (Connecticut) Compromise.

4. Great (Connecticut) Compromise:

   1. It resolved the dispute between large and small states by establishing a bicameral legislature. It combined elements of both the Virginia and New Jersey Plans, with representation based on population in the House of Representatives and equal representation in the Senate.

5. Three-Fifths Compromise:

   1. It was an agreement at the Constitutional Convention that counted each enslaved person as three-fifths of a person to determine a state's population, influencing representation in the House of Representatives and taxation.

6. Electoral College (Compromise):

   1. It was established as a compromise during the Constitutional Convention, determines the election of the U.S. President. It combines elements of popular and state-based voting, with electors chosen by each state based on its representation in Congress. It ensures that if the population of the United States is concentrated in a few states, those states will not have more power than states with a smaller population.

7. Slave Trade Compromise:

   1. It was an agreement that allowed the continuation of the international slave trade until 1808, after which Congress could regulate or prohibit it. It addressed the divisive issue of slavery during the Constitutional Convention.

8. Every Student Succeeds Act (2015):

   1. It is a U.S. federal law passed in 2015 that replaced the No Child Left Behind Act. ESSA provides states with more flexibility in education policy, emphasizing a well-rounded education and reducing the federal government's role in education standards.

9. No Child Left Behind (2002):

   1. Enacted in 2001, it was a U.S. federal law aimed at improving K-12 education by setting standards for student achievement. It emphasized accountability through standardized testing but faced criticism for its rigid approach and was later replaced by Every Student Succeeds Act in 2015.

10. Race to the Top:

    1. It was a U.S. federal program initiated in 2009 to encourage education reforms at the state level. It awarded competitive grants to states that implemented innovative and effective education policies to improve student outcomes.

11. Bicameral:

    1. It refers to a legislative body consisting of two separate chambers or houses. In the context of the U.S. Congress, it includes the House of Representatives and the Senate, providing a system of checks and balances.

12. USA PATRIOT Act:

    1. It was enacted in response to the 9/11 attacks, is a U.S. law granting extensive surveillance and investigative powers to law enforcement agencies. Its full name is the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act.

13. Article V:

    1. Article ____ of the U.S. Constitution outlines the process for amending the Constitution. It allows for amendments to be proposed by a two-thirds majority in both houses of Congress and by a constitutional convention called for by two-thirds of the state legislatures.

14. Bill of Rights:

    1. It refers to the first ten amendments to the U.S. Constitution, adopted in 1791. It guarantees fundamental rights and protections to individuals, including freedom of speech, religion, and the right to bear arms.

15. Amendment process:

    1. This process in the U.S. Constitution is outlined in Article V. It provides two methods for proposing amendments and two methods for ratifying them, allowing for changes to the Constitution as societal needs evolve. Two-thirds of state legislatures propose a Constitution Amendment Bill, which is ratified by three-fourths of the states.

16. Article VI:

    1. Article ___ of the U.S. Constitution, known as the Supremacy Clause, establishes the Constitution, federal laws, and treaties as the supreme law of the land. It asserts that federal law takes precedence over state law when there is a conflict.

17. Supremacy Clause:

    1. It was found in Article VI of the U.S. Constitution, and it declares that the Constitution, federal laws, and treaties are the highest authority in the nation. It establishes federal law as supreme in case of conflicts with state laws.

18. Self-government

    1. It refers to a system in which a community or political entity has the authority and autonomy to govern itself independently, making decisions about its own laws, policies, and administration. It implies that the individuals within the community actively participate in the decision-making process, contributing to the establishment of rules and regulations that reflect their collective interests and values.

19. Article VII:

    1. Article ____ of the U.S. Constitution specifies the ratification process for the Constitution. It outlines that the Constitution would become effective once it was ratified by conventions in at least nine states, emphasizing the importance of popular approval for the new system of government.

Topic 1.6:

1. Ratification:

   1. Ratification is the formal approval or acceptance of a decision, action, or agreement, often through a vote or consensus. In the context of constitutional law, it specifically refers to the formal approval of a constitutional amendment or treaty by a legislative body or the public.

2. Separation of Powers:

   1. The separation of powers is a political concept that distributes governmental authority and responsibilities among distinct branches—typically the executive, legislative, and judicial—to prevent the abuse of power and ensure a system of checks and balances.

3. Advice and Consent:

   1. Advice and consent are a constitutional process through which the executive branch (usually the President) seeks approval from the legislative branch (usually the Senate) for appointments to high-level positions or the ratification of treaties.

4. Pocket Veto:

   1. A pocket veto occurs when a President indirectly vetoes a bill by taking no action on it within the constitutionally defined period, typically ten days, while Congress is adjourned, effectively preventing the bill from becoming law without issuing a formal veto.

5. Stakeholders:

   1. Stakeholders are individuals, groups, or entities who have an interest or "stake" in a particular project, organization, or policy, and their involvement or influence can significantly impact the outcomes or decisions related to that entity.

6. Two-Thirds Override:

   1. A two-thirds override refers to the constitutional provision that allows a legislative body to pass a bill into law despite a presidential veto if two-thirds of the members vote in favor of the override.

7. Veto:

   1. A veto is the formal power of a president or executive to reject a proposed law, usually enacted by a legislative body, preventing it from becoming law unless the legislative body overrides the veto by a specified majority.

8. Checks and Balances:

   1. Checks and balances are mechanisms within a government system that allow each branch to limit the powers of the other branches, ensuring that no single branch becomes too powerful and preventing potential abuses of authority.

9. Federalist #51:

   1. Federalist #51 is an essay written by James Madison as part of the Federalist Papers, highlighting the importance of a system of checks and balances, separation of powers, and the protection of individual rights in the structure of the U.S. Constitution.

10. Tyranny of the Majority:

    1. The tyranny of the majority refers to a situation in which the majority, through its control of a democratic government, imposes its will on the minority, potentially disregarding the rights and interests of the minority.

11. Impeachment:

    1. Impeachment is a constitutional process that allows for the removal of a government official, such as the President, from office for "high crimes and misdemeanors." It involves charges brought by the House of Representatives and a trial in the Senate.

12. Multiple Policy Access Points:

    1. Multiple policy access points refer to the various stages and avenues within a policymaking process where individuals, interest groups, or institutions can influence, shape, or contest policies, providing diverse entry points for involvement in the policy development process.

Topic 1.7:

1. Article IV:

   1. This constitutional article addresses the relationship between states and includes the Full Faith and Credit Clause, the Privileges and Immunities Clause, and the extradition of fugitives.

2. Full Faith and Credit Clause:

   1. This clause in Article IV requires states to recognize and respect the legal judgments and public records of other states, promoting a level of consistency and cooperation across state lines.

3. Privileges and Immunities Clause:

   1. Also found in Article IV, this clause prevents states from discriminating against citizens of other states, ensuring that individuals enjoy certain fundamental rights regardless of their state of residence.

4. Supremacy Clause:

   1. Found in Article VI, this clause establishes the U.S. Constitution, federal laws, and treaties as the supreme law of the land, prioritizing federal authority over state laws in case of conflicts.

5. Exclusive powers:

   1. These are powers that only the federal government possesses, as outlined in the U.S. Constitution. Examples include the power to coin money and regulate interstate commerce.

6. Police Powers:

   1. The inherent authority of state governments to regulate and legislate for the health, safety, and general welfare of their citizens, encompassing areas not specifically addressed by the federal government.

7. Concurrent powers:

   1. These are powers shared by both the federal and state governments, such as the power to tax and establish courts, allowing for cooperation and joint jurisdiction.

8. Reserved powers:

   1. Powers not delegated to the federal government by the Constitution and not prohibited by it to the states, which are therefore reserved for the states or the people. This concept is articulated in the Tenth Amendment. Ex post facto law

9. Strings:

   1. Conditions or requirements attached to federal grants, often used by the federal government to influence state policies or actions.

10. Bill of Attainder:

    1. A legislative act that declares a person or group guilty of a crime and imposes punishment without a trial, violating constitutional principles of due process.

11. Grant-in-Aid Programs:

    1. Federal programs that provide funds to state and local governments for specific purposes or projects, often with certain conditions or guidelines attached.

12. Federal Balance of Power:

    1. The distribution and division of powers and responsibilities between the federal government and state governments as outlined in the U.S. Constitution.

13. “Layer Cake” Federalism:

    1. A concept of federalism where the powers and responsibilities of the federal and state governments are clearly separated and distinct, resembling distinct layers.

14. Cooperative Federalism:

    1. A model of federalism where the federal and state governments work together, sharing powers and responsibilities in policy implementation and administration.

15. “Marble Cake” Federalism:

    1. A concept of federalism where the powers and responsibilities of the federal and state governments are intermingled and blurred, resembling a marble cake.

16. Fiscal Federalism:

    1. The division of financial responsibilities and powers between the federal, state, and local governments, often involving the distribution of funds through grants or revenue-sharing.

17. Grants:

    1. Financial aid or assistance provided by the federal government to state and local governments for specific projects or programs.

18. Incentives:

    1. Rewards or benefits offered by the federal government to encourage states to adopt certain policies or engage in specific actions.

19. Devolution:

    1. The transfer of powers and responsibilities from the federal government to state or local governments, often with the goal of decentralizing authority.

20. Extradition:

    1. The legal process by which a person accused or convicted of a crime in one state is surrendered to another state for prosecution or punishment.

21. Federalism:

    1. This concept refers to the division of powers and responsibilities between the national government and state governments, allowing both entities to operate independently within their spheres of authority.

22. Conditions-of-aid:

    1. These are terms set by the national government that states must meet to qualify for federal funding. They are often used to influence state policies and ensure compliance with federal goals.

23. Revenue sharing:

    1. This policy involves the distribution of tax revenue from the national government to state and local governments, allowing them flexibility in how they allocate and spend the funds.

24. Mandates:

    1. Mandates are requirements imposed by the federal government on states or local governments to achieve certain policy objectives. They can be funded or unfunded and may involve regulations or obligations.

25. Defense of Marriage Act (1996):

    1. This federal law defined marriage as the union between one man and one woman for federal purposes, denying federal recognition of same-sex marriages. It was later partially invalidated by the Supreme Court.

26. Americans with Disabilities Act (1990):

    1. This legislation prohibits discrimination against individuals with disabilities, ensuring equal opportunities in employment, public services, and accommodations.

27. Personal Responsibility and Work Reconciliation Act (1996):

    1. This law, also known as welfare reform, introduced changes to the welfare system, including work requirements and time limits on benefits, aiming to promote personal responsibility and reduce dependency.

28. Categorical grants:

    1. These are federal grants with specific purposes and guidelines, dictating how the funds should be used by the receiving state or local government.

29. Block grants:

    1. Unlike categorical grants, block grants provide more flexibility to states or local governments by consolidating funds for a broader range of programs or services, allowing them to determine how to allocate the funds.

30. Federal Grants:

    1. This term encompasses financial assistance provided by the federal government to state and local governments, organizations, or individuals to support a wide range of activities, programs, or projects.

Topic 1.8:

1. Tenth Amendment (1791)

   1. This constitutional amendment reserves powers not delegated to the federal government to the states or the people, emphasizing the principle of federalism and limiting federal authority.

2. Fourteenth Amendment (1868)

   1. This amendment grants citizenship and equal protection under the law to all individuals born or naturalized in the United States, challenging discriminatory state laws and extending civil rights.

3. Selective exclusiveness

   1. This doctrine relates to the exclusive authority of Congress to regulate certain areas of commerce, preventing states from imposing conflicting regulations on those particular activities.

4. Commerce Clause

   1. Found in Article I, Section 8 of the Constitution, this clause grants Congress the power to regulate interstate and foreign commerce, playing a key role in shaping federal authority over economic activities.

5. Elastic Clause

   1. Also known as the "necessary and proper" clause, this constitutional provision grants Congress the authority to make laws that are essential and appropriate for carrying out its enumerated powers, providing flexibility in legislative authority.

6. Dual federalism

   1. This concept of federalism asserts a clear separation of powers and responsibilities between the federal government and the states, with each level of government operating within its own sphere without significant overlap.

7. Enumerated powers

   1. These are powers specifically listed in the Constitution as belonging to the federal government, providing a clear outline of its authority.

8. Implied powers

   1. Derived from the "necessary and proper" clause, these are powers not explicitly stated in the Constitution but inferred to be necessary to carry out the enumerated powers.

9. Necessary and Proper Clause

   1. Also known as the "elastic clause," this constitutional provision grants Congress the authority to make laws necessary and proper for executing its enumerated powers, contributing to the expansion of federal power.

10. Inherent powers

    1. Powers that are not explicitly stated in the Constitution but are considered to be inherent to the national government by virtue of its sovereignty.

11. State sovereignty

    1. The concept that states have independent and autonomous authority within their own borders, challenging the supremacy of the federal government in certain policy areas.

12. Supreme Court of the United States

    1. The highest court in the federal judiciary, responsible for interpreting the Constitution and federal laws, and serving as the final authority in legal disputes.

13. Statute

    1. It refers to a law that has been enacted by a legislative body, such as the United States Congress or a state legislature.

14. McCulloch v. Maryland (1819)

    1. A landmark Supreme Court case that established the supremacy of federal laws over state laws and clarified the interpretation of the "necessary and proper" clause.

15. United States vs. Lopez (1995)

    1. A Supreme Court case that held that Congress exceeded its commerce clause power by attempting to regulate guns in schools, reinforcing the idea that there are limits to federal authority under the commerce clause.

Topic 1.9:

1. Clean Air Act (1970)

   1. This legislative act aimed to control air pollution by regulating the emission of pollutants from both stationary and mobile sources, thereby improving air quality and protecting public health.

2. Clean Water Act (1972)

   1. This legislation focuses on regulating the discharge of pollutants into navigable waters, aiming to maintain and restore the chemical, physical, and biological integrity of the nation's water resources.

3. Controlled Substances Act (1970)

   1. This law classifies and regulates drugs and substances based on their potential for abuse and medical uses, providing a framework for the control and enforcement of controlled substances in the United States.

4. Elementary and Secondary Education Act (1965)

   1. This legislation represents a major federal effort to improve education standards by providing federal funding to schools serving low-income students, aiming to close educational achievement gaps and promote equal access to quality education.

5. Kyoto Protocol (1997)

   1. It commits participating countries to reduce greenhouse gas emissions, addressing global climate change by setting targets for the reduction of carbon dioxide and other greenhouse gases.

6. National Environmental Protection Act (1972)

   1. This law requires federal agencies to consider the environmental impact of their actions and projects, promoting environmental awareness and protection by ensuring that potential environmental consequences are considered.

7. Paris Agreement (2015)

   1. It aims to combat climate change by bringing together nations to limit global temperature increases, enhance adaptation efforts, and provide financial support for developing countries in their climate-related initiatives.