Unit 1: Foundations of American Democracy Flashcards
Democracy
power held by the people
Natural/inalienable rights
the right to life, liberty, and property which government cannot take away
Social Contract
people allow their governments to rule over them to ensure orderly and functioning society
Popular Sovereignty
the idea that the government’s right to rule comes from the people
Republicanism
the authority of the government comes from the people
Participatory Democracy
a theory that widespread political participation is essential for democracy
Pluralist Democracy
A theory of democracy that emphasizes the role of groups in the policy making process
Elitist Democracy
Theory of democracy that the elites have a disproportionate amount of influence in the policymaking process
Political Institutions
the structure of government, including the executive, legislature, and judiciary
Constitutional Republic
a democratic system with elect representatives in which the Constitution is the supreme law
Republic
a government ruled by representatives of the people
Unicameral legislature
a government with only one legislative house or chamber
Annapolis Convention
a convention that addressed trade and navigating disputes among the states, but participation was weak
Shay’s Rebellion
a popular uprising against the government of Massachusetts which illustrated the weakness of the Articles of Confederation, led many skeptics to agree to replace the Articles
What were the problems with the Articles of Confederation?
1) National government could not regulate commerce among states or levy taxes
2) National governments had to ask states for money
Constitutional Convention
May 1787- 12 of the 13 states met in Philadelphia to amend the Articles
Writ of habeas corpus
the right of people detained by the government to know the charges against the,
Bills of attainder
when the legislature declares someone guilty without a trail
Ex post facto laws
laws punishing people for acts that were not crimes at the time they were committed
What was the Virginia Plan?
proposed a 3 branch government with bicameral legislature
lower house –> elected directly
Upper house –> nominated by state legislatures and chosen by lower house
What was the New Jersey Plan?
TA 3 branch government with a unicameral legislature where each state has equal representation regardless of population.
Great (Connecticut) Compromise
Bicameral legislature
Lower House (House of Representatives) –> elected by the people
Upper House (Senate) –> selected by state legislature, 2 per state
Three-Fifths Compromise
an agreement to count slaves as 3/5s of a person in calculating a state’s representation
Separation of Powers
a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own
Checks and Balances
a design of government in which each branch has powers that can prevent the other branches from making policy
Federalism
the sharing of power between the national government and the states
Enumerated/Expressed Powers
authority specifically granted to the national government (more specifically Congress) in the Constitution
Necessary and Proper Clause
granting Congress necessary powers to carry out enumerated powers
Implied Powers
the authority of the federal government that goes beyond its expressed powers (powers not stated in the Constitution, but rather implied)
Supremacy Clause
the constitution and all national treaties and laws shall be supreme law of the land
Amendment
process by which changes may be made to the Constitution
What are the 2 stages of amending the Constitution?
1) An amendment is proposed by a 2/3 vote from the House and Senate OR constitutional convention called by 2/3 of states
2) An amendment is ratified by 3/4 vote of the 50 state legislatures OR 3/4 of state constitutional conventions
Federalists
supporters of the proposed Constitution, they called for a strong national government
Antifederalists
opposed the proposed Constitution, called for stronger state governments
Federalist 10
Advocated for a large constitutional republic, feared danger of factions.
What are Factions?
group of self-interested individuals who use the government to get what they want, trampling the rights of others in the process
Federalist 51
states that separation of powers and checks and balances are keys to preventing tyranny
Brutus 1
argued that the country is too large to be governed as a republic and that the Constitution gave too much power to the national government
Bill of Rights
a list of rights and liberties that governments can’t take away (10 amendments of the Constitution)
Federalism
a system that divides power between a national (central) government and several regional (state) governments
Unitary System
concentrated power, where the national government rules over a group of state governments
Federal system
divided power between national government and state governments
Confederation System
decentralized power, where weak state governments agree to follow a powerful central government
Commerce Clause
grants Congress the power to regulate commerce among states and foreign nations
Concurrent Powers
granted in the Constitution, allowed national and state authority to overlap in areas of public policy
Full Faith and Credit Clause
requires states to recognize the public acts, records, and civil court proceedings from another state
Extradition
the requirement that officials in one state return a defendant to another state where a crime is allegedly committed
Privileges and Immunities Clause
prevents states from discriminating against people from out of state
McCulloch v Maryland
Background: 2nd Bank of the US had a branch in Maryland, the state passed a law taxing the bank but bank officials refused to pay the tax
Decision: This was seen as Constitutional under the implied powers of Congress (Necessary and Proper Clause and Supremacy Clause)
13th Amendment
outlaws slavery
14th Amendment
provides that persons born in the US are citizens and prohibits states from denying persons due process or equal protection under the law
15th Amendment
cannot deny the right to vote based on race
Dual Federalism
states and nation operated independently in their own areas of public policy
Cooperative Federalism
both levels of government work together in the same area of public policy
Grants-in-aid
tool used by the federal government to achieve policy objectives within states
Categorical grants
provided to states with specific provisions on their use (limited in how states can spend funding)
Fiscal Federalism
federal government’s use of grant-in-aid to influence policies in states
Unfunded mandates
national government requiring states to pay for programs without providing funds
Block grants
a form of grant-in-aid that gives the state more control over how to disperse federal funds
Revenue Sharing
when the federal government apportions tax money to states with no strings attached
United States v Lopez
Background: Alfonso Lopez brought a gun to school and was charged with violating the Gun-Free School Zone Act of 1990
Decision: decision against Lopez, belief that Commerce clause had nothing to do with the case because “a gun in a local school is in no sense an economic activity”
Declaration of Independence
the founding document of the U that announced the separation of the 13 colonies from Great Britian
Articles of Confederation
The first constitution, declaring that the 13 colonies would be called “The United States of America”, gave powers to a national government which was led by Congress
The US Constitution
defines the fundamental law of the US federal government, setting forth 3 branches of the federal government and their jurisdiction. Its purpose was to create a government with enough power to act on a national level
