Unit 1 Flashcards
John Locke
Natural rights: you have rights simply for the reason you were born: these rights are yours and are unalienable and can not be taken away
Natural Rights
You have rights simply for the reason you were born: these rights are yours and are unalienable and can not be taken away
no one can be subjected to the political power of another without consent
Social Contract
Rousseau - The agreement between the people who are the source of the power, and the government who protect everyone’s natural rights
agreement of free and equal people certain natural rights in exchange for security and find a government committed to the general good
Popular Sovereignty
Governments get their power from the people, consented by the people - people are the source of the power
Participatory Democracy
a government where all or most of its citizens participate directly in either holding office or making policy
Purist form: vote directly for laws and other matters
Representative Democracy
Where we elect people to vote on laws - larger the population the better this is
Pluralist Democracy
People with widely varying interests find others who share interests and unite/organize into groups (citizens) to influence political decisions
- has and creates competition
- helps protect against elite
Elite Democracy
Small group of elite power. Electoral college demonstrates this; elected representatives make decisions and hold trust of people who elected them
Annapolis Convention
The first attempt at solving the problems of the Articles of Confederation: nothing happened or got done here - set date for next convention
Shay’s Rebellion
A rebellion lead by Daniel Shay and other ex Rev. soldiers due to high taxes and high interest rates - states could not gather militia to put down
- Convinced states to go to convention: lack of centralized military power
Constitutional Convention
Convinced states to show up; proposed to start from scratch: lead by Washington - set up gvmnt
- showed willingness for compromise and change
Virginia Plan
VA had largest population: wanted representation in Congress based on population
Bicameral House Legislature
Citizens elect lower house and they elect upper house
New Jersey Plan
Smaller states scared they’d be powerless against PA, NY, and VA who had large populations
Equal representation in a unicameral legislature
Connecticut Compromise
Put both plans together to please both sides: Bicameral with senate and equal number of representation based on population and elected by House with proportionate population representation
Bicameralism
2 house legislature
3/5 Compromise
relates directly to power of each state - more population = more representation; more population = more taxes
- total population + 3/5 of enslaved persons
Electoral College
Electoral College: buffer between people and presidency
- nobody in Congress; representatives in each state determined by # of people in Congress
Expressed Powers
- Enumerated or Formal
Expressed powers are powers that are listed in the Constitution
- For Congress specifically: Enumerated
Overall - Formal/Expressed Powers
Commerce Clause
Gvmnt could tariff imports but not exports
Fed gvmnt could regulate trade between states - interstate commerce
States control intrastate commerce
Necessary and Proper Clause
Last Clause in Article 1, section 8
Gives Congress power to make all laws that are necessary and power - Congress can basically make any laws they wish but they have to relate it back to the Constitution
Full Faith and Credit Clause
Saying states have to play nice with each other
- Ex. Maryland has to respect driver license of other states
Other states can view rights and docs - carry over states
Proposing and Ratifying amendments
Proposing: 2/3 of both House and Senate or states
Ratification: 3/4 of states
Supremacy Clause
Highest form of law in legal system in US - the federal law/Constitution takes precedence over the state laws/constitutions
Federalists
Supported the Constitution ratification and a strong central government
Antifederalists
generally opposed the ratification of the Constitution and a strong central government
Pluralism
many different groups with many different opinions and viewpoints coexist and work with each other politically
Bill of Rights
Suggested by anti-federalists to ensure civil liberties in each of the amendments - technically part of the Constitution
Separation of Powers
Separation of Federal level and state levels + local levels plus the separation of responsibilities within the fed government
Checks and Balances
Each branch has a way to check the power of another branch in order to make sure one does not have more power over another
Advice and Consent
The power of the US Senate to be consulted on for treaties and approving appointments
Impeachment
the process to remove a federal officer
House has the power to impeach and the Senate has the power to try president and investigation is done by Chief justice
Judicial Review
The power of the courts to conduct investigations - courts call into question Constitutionality of executive orders and Congressional laws
Federalism
where the power is divided between national/central government and states
Unitary System
A single central government has total control over all other subdivisions
Delegated vs Reserved Powers
Delegated powers are the powers stated specifically for Congress
Reserved powers are powers that are reserved for the states
Concurrent Powers
Powers shared between the federal and state governments such as taxation, establishing courts, spending money
Dual (layer cake) Federalism
Distinct powers of government with power in specific areas
Cooperative (marble cake) Federalism
overlapping levels of power in similar areas requiring cooperation and consistency
Fiscal Federalism
Having to do with money, especially as an incentive to states
Categorical (formula) grants
For a specific purpose/category - where the money needs to be spent; there is usually a formula and lots of requirements
- example of school lunch
Block Grants
A block of money that is given to states for them to use as they see fit
Federal Mandates
an fiscal order from the federal gvmnt that all states and local levels must follow
Devolution
The dissolving of Federal power to the states
Clean Air Act 1970
Example of an unfunded mandate
- you have to provide your state with clean air, and pay for it yourself
Americans with Disabilities Act
Another example of unfunded mandate
- In order to accommodate those with disabilities, passed this and said you need accessible areas and you have to fund it
