Chapter One: Constitutional Underpinnings Flashcards

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1
Q

European Enlightenment

A

Confidence in the power of reason

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2
Q

John Locke’s “State of Nature”

A

people are free and equal, but freedom leads to inequality, and then to chaos

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3
Q

Natural Rights

A

Rights that people have from the state of nature - right to life, liberty, and property

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4
Q

Second Treatise of Government

A

governments are formed to protect natural rights, but citizens consent to give up some freedom when forming government

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5
Q

Social Contract

A

agreement between rulers and citizens - government protects freedoms and citizens voluntarily give up some -
if government breaks contract, people have right to dissolve the government

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6
Q

Locke in the Declaration of Independence

A

Thomas Jefferson’s words in the Declaration of Independence closely resemble those of John Locke in the Second Treatise of Government

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7
Q

Direct democracy

A

citizens debate and vote directly on all laws - high participation and faith in judgement of everyone - Founding Fathers skeptical in masses ruling themselves well because of vulnerability to demagogues

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8
Q

Demagogues

A

charismatic leaders who manipulate popular beliefs

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9
Q

Representative democracy

A

a Republic or indirect democracy which the Founders chose - people have power through electing officials to represent their will - compromise between direct democracy and authoritarian rule

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10
Q

Elite theory

A

representative democracy isn’t really based on the will of the masses but more upon the small, rich class of people that make all the decisions (elites) - voters choose the winner of the competition between elites

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11
Q

Social Mobility in Elitism

A

new elites incorporated in a merit-based education system - best and brightest are incorporated

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12
Q

British Enlightenment vs. French Enlightenment

A

British - elitist, republicanism

French - pluralist, democracy

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13
Q

Pluralist theory

A

Representative democracy is based on competing interest groups that represent and protect the interests of the masses - public policy is formed through compromise between competing interests

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14
Q

Popular sovereignty in the Constitution

A

basic principle that the power to govern belongs to the people and that government must be based on the consent of the governed

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15
Q

Separation of powers in the Constitution

A

the division of government powers into three separate branches - executive, legislative, and judicial

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16
Q

Checks and balances in the Constitution

A

a political system in which branches of government have some authority over the actions of others

17
Q

Limited government in the Constitution

A

the basic principle that government is not all-powerful, and that it does only those things that citizens allow it to do

18
Q

Federalism in the Constitution

A

the division of governmental powers between a central government and the states

19
Q

Articles of Confederation

A
  • only a Congress
  • no executive or judiciary
  • Congress couldn’t levy taxes or regulate commerce between states
  • no law enforcing powers were granted to Congress
  • no process of amending articles
  • states retained all powers not specifically granted to Congress
20
Q

Alexander Hamilton

A

leading proponent of a strong, centralized government

21
Q

James Madison

A

young, well-read delegate from Virginia, who is usually credited with writing large parts of the Constitution

22
Q

Hamiltonian v. Jeffersonian

A

Hamiltonian - Pro-Britain/federalist/trade and industrialization/strong central government

Jeffersonian - Pro-France/democratic-republican/agrarian/state sovereignty/democratic

23
Q

Elbridge Gerry

A

Gerry-mandering

24
Q

The Great Compromise

A

AKA The Connecticut Compromise - bicameral legislature: larger house elected by popular vote, smaller house selected by larger house from nominees from state legislatures

25
Q

Three-fifths compromise

A

Slaves represent three-fifths of a person when counting population

26
Q

Electoral college

A

people selected by state legislatures cast ballots for the office of President

27
Q

Formal amendments

A

Convention method v. Congressional method
Conv. - proposed by 2/3 vote of each house of Congress and ratified by specifically called conventions in 3/4 of the states (only 21st amendment b/c Congress thought that not many state legislatures would vote for it)

Cong. - proposed by 2/3 vote of each house of Congress and ratified by at least 3/4 of the state legislatures

28
Q

Legislature and informal amendments

A

Legislature is passed that expand and further define Constitutional clauses - e.g. commerce clause and evolution of modern day transportation

29
Q

Executive branch and informal amendments

A

Executive agreements are a legal action of the President not listed in the Constitution - they do not need Senate approval unlike treaties - used to circumvent the formal process or prevent slowing of Senate progress

30
Q

Judicial branch and informal amendments

A

judicial review allows the judicial branch to interpret the Constitution and declare certain actions unconstitutional - lots of informal amending done by judicial branch - e.g. 2nd amendment = individual right

31
Q

Charles Beard’s Criticism of the Founders

A

they were motivated by money and power (Economic Interpretation of the Constitution) - created a Constitution to benefit their own economic interests

32
Q

Federalists vs. Antifederalists

A

Debate over ratification of new Constitution - those who believed it would protect individual liberties and supported strong central government = federalists - those who believed it would be oppressive of civil liberties and that more individual freedoms should be explicitly guaranteed = antifederalists

33
Q

Federalist Paper #10

A

Separation of powers and federalism check growth of tyranny and each branch of government - Constitutional principles prevent the dangers of majority oppression in direct democracy

34
Q

Federalist Paper #51

A

Why is strong central government necessary? No government would be needed if men were angels. No external nor internal controls on government would be necessary if angels governed men

35
Q

Ratification and addition of the Bill of Rights

A

Ratified by all states in 1789, but Bill of Rights added in 1791 - several states wouldn’t ratify the Constitution until a Bill of Rights was promised