Mod 1 Foundations of Democracy Flashcards
What ideas are the US Government based on?
The US government is based on ideas of limited government, including natural rights, popular sovereignty, republicanism, and social contract.
What document reflect the ideas of the US Government?
These ideas are reflected in two of the United States’ foundational documents, the Declaration of Independence and the Constitution.
Constitutional Convention (also called Philadelphia Convention)
A meeting of delegates from 12 of the 13 states to revise or replace the Articles of Confederation with a new Constitution featuring a stronger central government.
limited government
A political system in which the government’s power is restricted by laws or a written Constitution.
natural rights
The right to life, liberty, and property, which no government may take away.
republicanism
The principle of governing through elected representatives.
social contract
An agreement between people and government in which citizens consent to be governed so long as the government protects their natural rights.
popular sovereignty
the principle that the authority of a state and its government are created and sustained by the consent of its people, through their elected representatives (Rule by the People), who are the source of all political power.
John Adams
Massachusetts statesman and leader in the movement for American independence. Adams aided Jefferson in drafting the Declaration of Independence.
Ben Franklin
Pennsylvania statesman and leader in the movement for American independence. Franklin aided Jefferson in drafting the Declaration of Independence.
Alexander Hamilton
New York statesman who promoted replacing the Articles of Confederation with a stronger central government. He coauthored the Federalist Papers, which argued in favor of ratifying the Constitution.
Thomas Jefferson
Principal author of the Declaration of Independence.
James Madison
Virginia statesman and major contributor to the US Constitution. He coauthored the Federalist Papers and wrote the Bill of Rights.
George Washington
Revolutionary War general who presided over the Constitutional Convention.
Summary of the Declaration of Independence
This document explains the reasons why the Thirteen Colonies in North America desired independence from Great Britain. The ideals for government expressed in the Declaration, including popular sovereignty and social contract, serve as the inspiration for American democratic values.
Quote of the Declaration of Independence
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”
Summary of US Constitution
The constitution is a blueprint for how American government functions.
(1) Establishes the three separate branches of US government (legislative, executive, and judicial)
(2) describes the relationship between the states and the federal government
(3) demonstrates the principle of limited government in the United States by restricting the powers of government.
(4) establishes the principle of republicanism by establishing the process for citizens to elect representatives to the legislature.
Quote from US Constitution
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution.”
Key takeaways for DOI and US Constitution
From the beginning, the US government has attempted to balance individual rights and liberties with the government power necessary to, as the Constitution puts it, “establish justice, insure domestic tranquility, [and] provide for the common defense.”
The Declaration of Independence served as a statement of the Founders’ beliefs in natural rights and individual liberties. With the Constitution, the early American statesmen attempted to build a government that was strong enough to sustain itself without infringing on citizens’ rights and liberties.
Key documents for creating democracy
When creating the Constitution, one of the major questions facing the Framers was how to create a strong central government with the power to rule over its citizens without infringing upon citizens’ individual liberties. Foundational documents like the US Constitution, Federalist No. 10, and Brutus No. 1 illustrate the debate over this balance.
democracy
A system of government in which the power of the government is vested in the people, who rule directly or through elected representatives.
participatory democracy
A form of democracy that emphasizes broad, direct participation in politics and civil society, in which most or all citizens participate in politics directly. AN example is the process of choosing members of the House of Representatives or Senate, or a referendum law.
pluralist democracy
A form of democracy in which political power rests with competing interest groups so that no one group dominates political decisions.
elite democracy
A form of democracy in which a small number of people, usually those who are wealthy and well-educated, influence political decisionmaking.
Federalist No. 10
An essay written by James Madison, in which he argued that a strong representative government would be able to control the effects of factions.
Brutus No. 1
An Anti-Federalist essay which argued against a strong central government based on the belief that it would not be able to meet the needs of all US citizens.
Constitution (1787)
The fundamental laws and principles that govern the United States. The document was the result of several compromises between Federalists and Anti-Federalists surrounding the ratification of the Constitution.
Example of Participatory democracy
An example of participatory democracy in the United States today is the use of referenda in some states. Referenda allow citizens to have a direct vote on a particular law. A referendum is an example of participatory democracy because the citizens themselves (not their government representatives) are the ones who decide whether to enact that law.
Example of Pluralist democracy
An example of pluralist democracy in the United States today is the participation of interest groups like the National Rifle Association (NRA) and Global Green USA. Both of these groups raise funds for candidates, promote candidates, and strive to influence current members of Congress on political decisions. Interest groups are an example of pluralist democracy because citizens join groups to influence policymakers, rather than having direct access to political decisions.
Example of Elite democracy
An example of elite democracy today is the Electoral College. The Electoral College is used in presidential elections and determines the outcome of most elections. Under this system, a candidate might win the popular vote in an election (meaning more citizens voted to elect them than their opponent), but lose the electoral vote, and thus the presidency. The Electoral College is intended to provide a check on voters and act as a safeguard in case the voters make an unwise decision.
Key takeaways of Articles of Confederation
The Articles of Confederation formed the first governing system of the United States of America, which linked the states during the turbulent years of the American Revolution. Under the Articles of Confederation, which linked the states in a ‘loose league of friendship,’ the central government had no power to tax or to compel individual states to abide by its decisions. After the Revolutionary War, a series of problems, including economic problems, disputes between states, and an armed rebellion, made it clear that the United States needed a stronger central government to address its challenges.
Articles of Confederation
The first government system of the United States, which lasted from 1776 until 1789. The Articles placed most power in the hands of state governments. Government under the Articles lacked an executive or a judicial branch.
Confederation Congress
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. The Congress had difficulty legislating as the Articles required nine of the thirteen states to vote to approve any measure, and a unanimous vote in order to amend the Articles themselves.
Shays’s Rebellion
An uprising of Revolutionary War veterans in Massachusetts, who had not been paid for their military service as the federal government lacked the power to raise funds through taxation. Led by veteran Daniel Shays, the rebellion demonstrated the weaknesses of the federal government under the Articles, as it could neither raise the money to pay the veterans nor raise an army to put down the uprising.
Consequence of AoC problem 1: The national government could not tax citizens directly, only request money from the states.
The states rarely contributed money, meaning the national government could not pay its debts or fund initiatives.
Consequence of AoC problem 2: The national government could not regulate international or interstate trade.
The national government could not stop states from undermining it by making their own trade agreements with foreign nations.
Consequence of AoC problem 3: The national government could not raise an army, only request that the states send soldiers.
States could refuse to send soldiers, making it difficult to defend the nation.
Consequence of AoC problem 4: Each state only had one vote in Congress, regardless of its population.
The citizens of small states had proportionally more political power than the citizens of large states.
Consequence of AoC problem 5: The national government had no executive branch.
The national government had no way of implementing or enforcing its legislative decisions.
Consequence of AoC problem 6: The national government had no judicial branch.
There was no effective way to resolve disputes between states, such as competing claims to the same territory.
Consequence of AoC problem 7: Passing laws required the approval of nine states, and amending the Articles required the approval of all thirteen states.
It was difficult to get enough consensus to make laws and nearly impossible to fix the Articles themselves.
Seven problems of Articles of Confederation (AoC)
(1) no ability to tax
(2) no trade regulation
(3) no army
(4) one vote per state regardless of size
(5) no executive branch
(6) no judicial branch
(7) 9 of 13 states to make laws and all 13 states vote needed to make changes
Benefits of AoC during Revolution
The Articles of Confederation were the first national constitution, which outlined the structure, functions, and limitations of the US government. This “first draft” of a constitution demonstrated that the new United States government would be both a republic (a government of elected representatives) and a limited government (restricted by laws).
The weak central government established in the Articles made a lot of sense during the American Revolution, when it brought together a group of former colonies to coordinate a war against the government of Great Britain, which the American patriots perceived as far too powerful. Although the Articles ultimately proved unequal to the task of governing the country after the Revolution, they were an important first step toward the current US Constitution.
Constitutional Convention
After the Revolution, delegates from the states would address the weaknesses of the AoC while still limiting the power of government in creating the US Constitution. Anti-Federalists, or people who were against ratifying the Constitution, feared that a strong central government would lead to tyranny and not reflect people’s needs.
Federalist No. 10 vs. Brutus No. 1
In Federalist No. 10, Madison argued that a large republic could control the “mischiefs of faction” and evenly distribute power between the federal government and the states.
The author of Brutus No. 1 disagreed, arguing that a powerful, centralized government was too far removed from individual citizens to meet their needs.
How did the US Constitution emerge?
The US Constitution emerged from the debate about weaknesses in the Articles of Confederation and was the product of important compromises over issues of representation and the power of the federal government.
amendment
A change to the United States Constitution.
Article V of Constitution
The section of the Constitution that details how to amend the Constitution, either through a congressional proposal or a convention of the states, with final ratification from three-fourths of the states.
Great Compromise (also known as Connecticut Compromise)
a major compromise at the Constitutional Convention that created a two-house legislature, with the Senate having equal representation for all states and the House of Representatives having representation proportional to state populations.
Electoral College
A body of representatives from every state in the United States who formally cast votes to elect the president and vice president.
Three-Fifths Compromise
An agreement added to the Constitution that would count each enslaved person as three-fifths of a white person for purposes of representation in the House of Representatives.
What were the 3 major compromises at the Constitutional Convention during the creation of the US Constitution?
The three major compromises were the (1) Great Compromise - settled matters of representation in the federal government.
(2) the Three-Fifths Compromise - settled matters of representation when it came to the enslaved population of southern states and the importation of enslaved Africans.
(3) The Electoral College settled how the president would be elected.
access point
A point in the policymaking process where ordinary citizens can influence government.
checks and balances
Aspects of the Constitution that require each branch of the federal government to gain the consent of the other two in order to act.
faction
An interest group seeking to influence government for the benefit of its members. The Framers sought to prevent any one faction from gaining too much power.
majority
The largest group that shares an opinion on any one issue, for example, whether to declare war or support a tax.
minority
A smaller group with a differing opinion on any one issue. The Framers sought to keep majority opinions from trampling minority opinions.
impeachment
The bringing of formal charges against a government officer for alleged crimes or abuses of power.
removal
Removing a government officer from office after impeachment proceedings resulted in a conviction.
separation of powers
Aspects of the Constitution that ascribe different elements of power to different branches of the government, which act independently. This keeps one branch of government from controlling the others.
stakeholder
A person with an interest or a concern in a political issue.
Summary of Federalist No. 51
An essay written by James Madison (under the pseudonym Publius) that explains how the structure of the new government under the Constitution will provide the necessary checks and balances to keep any part of the government from becoming too powerful. Madison argues that because people are naturally self-interested, separating the powers of government into distinct and independent branches will require them to compete with one another in order to govern, therefore limiting the power of the government as a whole.
Quote from Federalist No. 51
“What is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”
Key takeaways for Policymaking (lawmaking) in US Constitution
The structure of US government established in the Constitution purposely makes policymaking complicated, requiring various branches, institutions, and individuals to work together to accomplish goals.
The Constitution also provides solutions for indicting (impeaching), and if necessary removing, individuals who commit crimes or abuse their powers in office. These measures help to ensure that the people’s will is represented by permitting many people to influence the policymaking process, as well as preserving freedom by limiting the power of government.
block grants
Federal grants issued to states or local governments to support broad programs
categorical grants
Federal grants restricted to specific purposes
concurrent powers
Powers shared by the federal government and state governments, e.g. lawmaking and taxation
exclusive powers
Powers reserved either to the federal government or state governments
federalism
Political system that organizes government into two or more levels with independent powers; in the United States this consists of local, state, and national governments
federal revenue sharing
The practice of sharing federal income tax revenue with state and local governments
mandate
A requirement that states or local governments meet a specific condition in order to receive federal aid
What Articles of the US Constitution describe the relationship between the States and the Federal Govt?
Articles IV and V.
Article IV of the US Constitution
Article IV establishes that
(1) the states will give “full faith and credit” to the laws of other states.
(2) promises states the protection of the federal government
Example of Article IV - States give “full faith and credit”
if a citizen gets legally married in one state, he is still married if he moves to another state. Likewise, if a citizen commits a crime in one state, she cannot escape to another state and evade justice. States also can’t discriminate against citizens of other states if they move; any US citizen who moves to a state is entitled to the same “privileges and immunities” of citizenship in that state as someone born there.
Example of Article IV - States receive protection of federal government
It does this by promising to defend states against invasion, guaranteeing them a republican form of government, and barring the federal government from splitting up a state without the consent of its legislature and Congress.
Article V of the US Constitution
describes the process of amending the Constitution, which requires the ratification of three-quarters of the states. This provision of the Constitution demonstrates the importance of the states in approving the workings of the US government.
Exclusive federal powers
(1) Coining money
(2) Regulating interstate and foreign commerce
(3) Regulating the mail
(4) Declaring war
(5) Raising armies
(6) Conducting foreign affairs
(7) Establishing inferior courts
(8) Establishing rules of naturalization
Concurrent Powers
Powers of both state and federal governments
(1) Taxation
(2) Lawmaking and enforcement
(3) Chartering banks and corporations
(4) Taking land for public use (eminent domain)
(5) Establishing courts
(6) Borrowing money
Exclusive State Powers
(1) Conducting elections
(2) Establishing local governments
(3) Providing for public safety, health, welfare
(4) Maintaining militia
(5) Ratifying Constitutional amendments
(6) Regulating intrastate commerce
3 ways Constitution allocates power
(1) Separation of powers into 3 branches
(2) System of checks and balances of power (between the 3 branches)
(3) federalism - separates powers into federal and state levels
Benefits of federalism
(1) added security measure of control government power
(2) States have lawmaking powers within their borders
(3) Federal government can assert power over States with grants and mandates
(4) Local governments are responsive to needs of people
(5) Federal government binds states together into a larger nation for strength and security
Is the distribution of power by federalism clearly outlined by the Constitution?
No. the Constitution does not create clear-cut lines for which types of policy fall under each level of government.
This has led to questions over the balance of power between national and state governments. The appropriate distribution of power has been interpreted differently over time. At some points, measures have been taken to enhance federal power, while at other points, the Framers and later, the Supreme Court have enhanced state power.
commerce clause
Part of Article I of the Constitution that gives Congress the power to regulate interstate commerce (buying and selling of goods across state lines).
federalism
An institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on behalf of the people with the authority granted to it by the national constitution.
enumerated powers
Powers of the federal government that are explicitly named in the Constitution.
implied powers
Powers of the federal government that are not explicitly named in the Constitution but are implied so that the federal government can carry out its enumerated powers.
necessary and proper clause
Part of Article I of the Constitution that gives Congress the power to create laws that they find “necessary and proper” for performing their constitutional responsibilities.
What 2 amendments are also involved in the allocation of powers between Federal and State govts?
Tenth Amendment of the Constitution stipulates that all powers not given to the federal government are reserved to the states or the people.
Fourteenth amendment of Constitution grants citizenship, equal protection, and due process under the law to all people born in the United States regardless of State laws.
What’s the difference between enumerated and implied powers, and why should we care?
enumerated powers are those things that the Constitution explicitly says Congress can do (in Article I): levy taxes, regulate commerce with other nations, borrow and coin money, establish post offices, raise an army, and declare war, among other things. But Article I also says that Congress shall have the power to “make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers.” From this “necessary and proper clause” Congress argued that it had implied powers to do those things necessary in order to achieve its enumerated powers. Although this seems pretty straightforward, it gets more difficult to decide just what counts as an implied power if you consider how to define “necessary.” Was that absolutely necessary, or was that just taking advantage of the opportunity? This conflict over the limits of federal power continues today.
McCulloch v. Maryland (1819)
Supreme Court case which guaranteed the supremacy of federal laws over state laws and declared that Congress has implied powers not listed in the Constitution in order to fulfill their enumerated powers. Defined the “necessary and proper” clause more broadly to expand the powers of Congress.
US v. Lopez (1995)
Supreme Court case which stopped Congress from using the commerce clause to ban guns in schools
