APGoPo – Unit 1 CONSTITUTIONAL UNDERPINNINGS

Ch. 1 – Constitutional Democracy

• Democracy
    Definition: Government by the people, both directly or indirectly, with free and frequent elections.

• Direct democracy
    Definition: A form of government in which citizens vote on laws and select officials directly.

• Direct primary
    Definition: An election in which voters choose party nominees.

• Initiative
    Definition: A procedure whereby a certain number of voters may, by petition, propose a law or constitutional amendment and have it submitted to the voters.

• Referendum
    Definition: A procedure for submitting to popular vote measures passed by the legislature or proposed amendments to a state constitution.

• Recall
    Definition: A procedure for submitting to popular vote the removal of officials from office before the end of their term.

• Representative democracy
    Definition: A governmental system in which the people elect those who govern and pass laws; also called a republic.

• Constitutional democracy
    Definition: A government that enforces recognized limits on those who govern and allows the voice of the people to be heard through free, fair, and relatively frequent elections.

• Constitutionalism
    Definition: The set of arrangements, including checks and balances, federalism, separation of powers, rule of law, due process, and a bill of rights, that requires leaders to be accountable for how they exercise their powers. This includes listening, thinking, bargaining, and explaining before action.

• Natural rights
    Definition: The rights of all people to dignity and worth.

• Political culture
    Definition: The widely shared beliefs, values, and norms that citizens hold about their relationship to government and to one another.

• Statism
    Definition: The idea that the rights of the nation are supreme over the rights of individuals who make up the nation.

• Capitalism
    Definition: An economic system characterized by private property, competitive markets, economic incentives, and limited government involvement in the production, pricing, and distribution of goods and services.

• Popular consent
    Definition: The principle that a just government must derive its powers from the consent of the people it governs.

• Majority rule
    Definition: Governance according to the expressed preferences of the majority.

• Majority
    Definition: The candidate or party that wins more than half the votes cast in an election.

• Plurality
    Definition: The candidate or party with the most votes cast in an election, which does not necessarily exceed half.

• Theocracy
    Definition: A form of government controlled by religious leaders who claim divine guidance.

• Articles of Confederation
    Details: The first governing document of the confederated states, drafted in 1777, ratified in 1781, and replaced by the present Constitution in 1789.

• Constitutional Convention
    Details: The gathering in Philadelphia from May 25 to September 17, 1787, that debated and agreed upon the Constitution of the United States.

• Shays’ Rebellion
    Details: A rebellion led by Daniel Shays of farmers in western Massachusetts during 1786-1787, protesting mortgage foreclosures; highlighted the need for a strong national government.

• Bicameralism
    Definition: The principle of a two-house legislature.

• Virginia Plan
    Details: An initial proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature dominated by large states.

• New Jersey Plan
    Details: A proposal at the Constitutional Convention made by William Paterson for a central government with a single-house legislature where each state would have equal representation.

• Connecticut Compromise
    Details: A compromise agreement at the Constitutional Convention for a bicameral legislature, where representation in the lower house is based on population and in the upper house each state has two senators.

• Three-fifths compromise
    Details: A compromise between northern and southern states at the Constitutional Convention that stipulated three-fifths of the slave population would be counted for determining taxation and representation in the House of Representatives.

• Electoral College
    Definition: The electoral system used in electing the president and vice president, where voters vote for electors pledged to cast their ballots for a particular party’s candidate.

• Federalists
    Details: Supporters of the ratification of the Constitution and of a strong central government.

• Antifederalists
    Details: Opponents of ratification of the Constitution and of a strong central government.

• The Federalist
    Details: Essays published anonymously by Alexander Hamilton, John Jay, and James Madison in 1787 and 1788 promoting the ratification of the Constitution.

Ch. 2 – The Living Constitution

• Natural law
    Definition: God's or nature's law that defines right from wrong and is considered higher than human law.

• Separation of powers
    Definition: The constitutional division of powers among legislative, executive, and judicial branches, with each branch having distinct functions: law-making, law enforcement, and law interpretation, respectively.

• Checks and balances
    Definition: The system that enables each branch of government to check some acts of the others, ensuring that no branch can dominate.

• Autocracy
    Definition: A government type in which one person with unlimited power rules.

• Partisanship
    Definition: Strong allegiance to one’s own political party, often leading to an unwillingness to compromise with the opposing party.

• Divided government
    Definition: Governance divided between parties, typically when one controls the presidency and another controls one or both houses of Congress.

• Unified government
    Definition: Governance in which one party controls both the White House and both houses of Congress.

• Electoral College
    See definition from Chapter 1.

• Judicial review
    Definition: The power of a court to refuse to enforce a law or government regulation if it conflicts with the U.S. Constitution or, in state courts, the state constitution.

• Federalists
    See definition from Chapter 1.

• Writ of mandamus
    Definition: A court order directing an official to perform an official duty.

• Congressional elaboration
    Definition: Legislation that provides further meaning to the Constitution based on sometimes vague constitutional authority, such as the necessary and proper clause.

• Impeachment
    Definition: A formal accusation by the lower house of the legislature against a public official, the first step toward removal from office.

• Executive order
    Definition: A directive issued by a president or governor that has the force of law.

• Executive privilege
    Definition: The power to keep executive communications confidential, particularly if they relate to national security.

• Impoundment
    Definition: The presidential refusal to allow an agency to spend funds that Congress has authorized and appropriated.

• Originalist approach
    Definition: An approach to constitutional interpretation that envisions the document as having a fixed meaning based on a strict reading of the text or the Framers’ intent.

• Adaptive approach
    Definition: A method of constitutional interpretation that views the document as flexible and responsive to the changing needs of society.

Ch. 3 – American Federalism

• Federalism
    Definition: A constitutional arrangement in which power is distributed between a central government and subdivisional governments, such as states in the U.S., allowing both to exercise direct authority over individuals.

• Unitary system
    Definition: A constitutional arrangement that concentrates power in a central government.

• Confederation
    Definition: An arrangement in which sovereign nations or states, by compact, create a central government but limit its power, not allowing it to have direct authority over individuals.

• Delegated (express) powers
    Definition: Powers specifically granted to one of the branches of the national government by the Constitution.

• Implied powers
    Definition: Powers inferred from express powers, enabling Congress to fulfill its functions.

• Necessary and proper clause
    Definition: Clause (Article 1, Section 8, Clause 3) that sets forth the implied powers of Congress, stating that Congress may make all laws necessary and proper to carry out powers vested in the national government.

• Inherent powers
    Definition: Powers of the national government in foreign affairs that are not dependent upon constitutional grants but arise from the very existence of the national government.

• Supremacy clause
    Definition: Article IV clause that establishes national laws as having absolute power over conflicting state laws.

• Commerce clause
    Definition: Clause (Article 1, Section 8, Clause 1) that grants Congress the authority to regulate all business activities that cross state lines or affect multiple states or other nations.

• Federal mandate
    Definition: A requirement imposed by the federal government as a condition for receiving federal funds.

• Reserve powers
    Definition: Powers not specifically delegated to the national government by the Constitution, as articulated in the 10th Amendment.

• Concurrent powers
    Definition: Powers granted by the Constitution to both national and state governments, such as the power to levy taxes.

• Full faith and credit clause
    Definition: Clause (Article 4, Section 1) requiring states to recognize civil judgments rendered by courts of other states and to accept each other’s public records and acts.

• Extradition
    Definition: The legal process by which an alleged criminal is surrendered by the officials of one state to those of another where the crime is alleged to have occurred.

• Interstate compact
    Definition: An agreement among two or more states which typically requires the approval of Congress.

• National supremacy
    Definition: Doctrine that asserts the dominance of national government actions over those of state or local governments when conflicts arise.

• Preemption
    Definition: The right of federal law or regulations to displace state or local laws.

• Centralists
    Definition: Individuals favoring national-level action over state or local action.

• Decentralists
    Definition: Individuals advocating for state or local action in place of national government action.

• State’s rights
    Definition: Powers reserved for the states either expressly or implicitly.

• Devolution revolution
    Definition: The movement aimed at returning various functions from the federal government back to the states, in an effort to reduce federal control.