UNIT REVIEW: CONSTITUTION
The U.S. Constitution arose out of important historical and philosophical ideas and preferences regarding popular sovereignty and limited government. Compromises were made during the Constitutional Convention and ratification debates, and these compromises have frequently been the source of conflict in U.S. politics over the proper balance between individual freedom, social order, and equality of opportunity.
Key Vocabulary and Concepts
Democracy - Democracy is a system of government in which state power is vested in the people or the general population of a state.
Republic - a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch.
Republicanism - Republicanism is a Western political ideology that encompasses a range of ideas from civic virtue, political participation, harms of corruption, positives of mixed constitution, rule of law, and others.
Liberalism - Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality, right to private property and equality before the law.
Popular sovereignty - All political power is vested in and derived from the people. All government of right originates with the people, is founded upon their will only, and is instituted solely for the good of the whole.
Natural rights - those that are not dependent on the laws or customs of any particular culture or government, and so are universal, fundamental and inalienable.
Limited government - there should be legal constraints on the power of political authorities, especially with respect to individual rights.
Social contract theory - an idea, theory or model that usually, although not always, concerns the legitimacy of the authority of the state over the individual.
John Locke - an English philosopher and physician, widely regarded as one of the most influential of Enlightenment thinkers and commonly known as the "father of liberalism"
Majority - more than half of a total
Supermajority - three- fifths or more
Articles of Confederation - the first constitution of the United States, establishing a weak central government with limited powers and granting most authority to the individual states.
Shays Rebellion - greatly influenced many to support revising the Articles of Confederation to strengthen the national government. Governments not strong enough to maintain order were too weak to protect liberty.
Connecticut Compromise/Great Compromise - provided for a bicameral legislature, with representation in the House of Representatives according to population and in the Senate by equal numbers for each state.
Three-fifths compromise - three out of every five slaves were counted when determining a state's total population for legislative representation and taxation.
Slave Trade compromise - Congress could not prohibit the slave trade for 20 years until 1808, but could levy a tax on people imported and used as slaves.
Electoral College - A body of electors established by the U.S. Constitution, responsible for formally selecting the President and Vice President of the United States. Each state has a number of electors based on its representation in Congress (House + Senate), and most states award all their electors to the candidate who wins the popular vote in that state. A candidate needs a majority of electoral votes (currently 270 out of 538) to win the presidency.
Amendment Process - The formal procedure for changing or adding to the U.S. Constitution, requiring a proposed amendment to be approved either by two-thirds of both houses of Congress or a constitutional convention called by two-thirds of state legislatures, and then ratified by three-fourths of the states.
Separation of powers - legislative (makes laws), executive (enforces laws), and judicial (interprets laws)—to prevent any one branch from gaining too much power and to ensure a system of checks and balances.
Checks and balances - system built into the U.S. Constitution that ensures no single branch of government (executive, legislative, or judicial) becomes too powerful, as each branch has the authority to limit or oversee the actions of the others, maintaining a balance of power.
Impeachment - A formal process by which a government official, including the President, can be charged with misconduct or wrongdoing. In the U.S., the House of Representatives has the power to impeach (bring charges), and the Senate conducts the trial to determine whether the official should be removed from office.
Compare the House and Senate - The House of Representatives has 435 members, serves 2-year terms, and represents districts based on population. The Senate has 100 members, serves 6-year terms, and represents states equally with 2 senators per state. The House initiates revenue bills, while the Senate confirms appointments and conducts impeachment trials.
Federalism - A system of government where power is divided between a central (national) government and regional (state) governments. In the U.S., the Constitution grants certain powers to the federal government while reserving others for the states. This allows both levels to govern directly over the people in different areas of law and policy.
Factions - Groups with shared interests or goals that seek to influence government policy. They can cause division, but the U.S. system allows for their competition through elections and representation.
Judicial review - The power of courts, especially the U.S. Supreme Court, to review laws and government actions to determine whether they are constitutional. If a law is found to violate the Constitution, the court can strike it down.
Marbury v. Madison - A landmark U.S. Supreme Court case that established the principle of judicial review, giving the courts the power to declare laws and executive actions unconstitutional. This case, decided under Chief Justice John Marshall, strengthened the judiciary's role in balancing the powers of the government.
Enumerated powers - Specific powers granted to the federal government by the U.S. Constitution, particularly listed in Article I, Section 8. These include powers like the authority to tax, regulate interstate commerce, coin money, and declare war.
Implied powers - Powers not explicitly stated in the U.S. Constitution but are inferred from the enumerated powers. They allow the federal government to take actions necessary to carry out its expressed powers, as justified by the "Necessary and Proper Clause" (Article I, Section 8).
Elastic clause/necessary and proper clause - A provision in Article I, Section 8 of the U.S. Constitution that grants Congress the power to make all laws necessary and proper for carrying out its enumerated powers. This clause gives flexibility to Congress to create laws that adapt to new situations, expanding its authority beyond what is explicitly listed in the Constitution.
Supremacy clause - part of the U.S. Constitution that says federal law is the highest law in the country. If federal law conflicts with state laws, the federal law must be followed. This ensures that national laws are applied consistently across all states.
Commerce clause - provision in the U.S. Constitution found in Article I, Section 8, Clause 3, which gives Congress the power to regulate trade and commerce with foreign nations, among the states, and with Native American tribes. This clause is often used to justify federal laws that affect economic activities across state lines and has been a key element in expanding the scope of federal authority over time. It helps ensure a unified economic system across the U.S. by allowing Congress to regulate interstate and international commerce.
Take care clause - President has a constitutional duty to enforce and implement federal laws passed by Congress. Maintaining the rule of law and accountability in the executive branch.
Federalist Papers - a series of 85 essays written by Alexander Hamilton, James Madison, and John Jay to explain and support the U.S. Constitution. They were written to convince people to approve the Constitution and explain how the new government would work.
Arguments of Federalists
Need for a Strong Central Government: They believed that the Articles of Confederation were too weak and that a stronger central government was necessary to maintain order, protect the nation, and regulate commerce.
Separation of Powers: The Constitution’s structure, with its division of powers among the legislative, executive, and judicial branches, would prevent any one branch from becoming too powerful, protecting against tyranny.
Checks and Balances: The system of checks and balances built into the Constitution would ensure that no single branch of government could dominate, maintaining accountability.
Federalism: The Constitution would balance power between the federal government and the states, ensuring that local governments could still manage their own affairs while benefiting from a united national government.
Arguments of Anti-federalists
Fear of a Strong Central Government: They believed the Constitution would create a government too powerful, potentially leading to tyranny like the monarchy they had fought against in the Revolutionary War.
Lack of a Bill of Rights: Anti-Federalists were concerned that the Constitution did not initially include a Bill of Rights to protect individual freedoms such as freedom of speech, religion, and the press.
States' Rights: They argued that the Constitution weakened state governments, fearing that a strong federal government would overrule state laws and reduce local control over important issues.
Representation Concerns: Anti-Federalists believed that the new government would be dominated by elites and not adequately represent the common people or protect their interests.
Bill of Rights as a compromise - compromise added to the U.S. Constitution to address concerns of the Anti-Federalists. It includes the first 10 amendments, guaranteeing individual freedoms such as freedom of speech, religion, and the right to a fair trial. This compromise helped secure the Constitution's ratification by ensuring protections for citizens' rights and limiting the power of the federal government.
1st amendment
Freedom of Speech – the right to express ideas and opinions without government interference.
Freedom of Religion – the right to practice any religion or no religion without government involvement.
Freedom of the Press – the right for media to publish news and opinions without government censorship.
Right to Assemble – the right to gather peacefully for protests or meetings.
Right to Petition the Government – the right to ask the government to correct wrongs or make changes.
10th amendment - any powers not specifically given to the federal government by the Constitution, nor prohibited to the states, are reserved for the states or the people.
Key Documents:
Declaration of Independence - foundational document in which the American colonies declared their independence from Great Britain, outlining their reasons for breaking away and asserting the inherent rights to life, liberty, and the pursuit of happiness.
Constitution of the U.S. - supreme law of the country, established in 1787, that outlines the framework of the federal government, including the separation of powers, checks and balances, and the rights and freedoms of individuals, while providing the foundation for the nation’s legal and political system.
Articles of Confederation - first governing document of the United States, creating a loose alliance of sovereign states with a weak central government that lacked the power to tax, regulate trade, or enforce laws, leading to its eventual replacement by the U.S. Constitution in 1787.