Unit 1: Foundations of American Democracy Flashcards
enlightenment
a philosophical movement that began in Western Europe with roots in Scientific Revolution
thomas hobbes
(Leviathan - 1660): believed that people could not govern themselves and that a monarch with absolute power would protect life best
social contract
some freedoms sacrificed (respecting government) in exchange for government protection
john locke
(Second Treatise on Civil Government - 1690): natural rights must be protected
natural rights
life, liberty, property: are granted by God and government must protect them
charles de montesquieu
De l’Esprit des Lois/The Spirit of the Laws (1748) - separation of power into three branches of government with checks and balances
jean-jacques rousseau
The Social Contract (1762) - people are born good but corrupted by society and should act for the greater good rather than out of self-interest
voltaire
satirical novel, reflected dislike of Christian power and nobles
Denis diderot
producer/editor of first encyclopedia. advocate for rights to education and expression and against divine right, traditional values, and religion
participatory (direct) democracy
broad participation in politics/society by people at various statuses (e.g. town halls, popular vote)
pluralism and hyperpluralism
group-based activism by citizens who form interest groups to promote their goals. pluralism = coexisting groups, hyperpluralism = competing groups
elite democracy
power to the educated/wealthy, discourages participation by the majority of people
republicanism
supports individualism and natural rights, popular sovereignty (people give the government power), encourages civic participation
representative democracy
Elected officials representing a group of people
popular sovereignty
government power derives from the consent of the governed (ex. elections, protests)
declaration of independence
breakup letter from thomas Jefferson to Britain used to declare war. listed out all the grievances and violation of individual liberties
articles of confederation
first constitution of the USA, ratified in 1781. created federalism, ended the revolutionary war with the treaty of Paris, and created the northwest ordinance
northwest ordinance
chartered a government for the Northwest Territory, provided a method for admitting new states to the Union from the territory, and listed a bill of rights guaranteed in the territory
weaknesses of the articles of confederation
no taxation (could only ask states for money or borrow from other countries), no national military, no national currency, no judicial or executive branch, no control over interstate trade, couldn’t be enforced, needed 13/13 votes to be amended and 9/13 votes to create laws
shay’s rebellion (1786-1787)
farmers attacked a federal arsenal to protest foreclosures of farms in Massachusetts. there was no central govt or military to combat them and no other state cared except for massachusetts
constitutional convention
meeting in Philadelphia in 1787 of the framers of the constitution
virginia plan
bicameral legislature where states would have representation proportionate to the size of their population. led to the House of Representatives (where reps are elected by the people. only form of direct democracy in the USA)
new Jersey plan
unicameral legislature where states would all have equal representation. led to the Senate
three-fifths compromise
slaves would be counted as 3/5 of a person when deciding seats in the House of Representatives
constitutional roles of the executive branch (president, etc.)
enforce laws, approve laws, veto bills (2/3 of Congress can override veto)
constitutional roles of the judicial branch (scotus)
interprets the law and its constitutionality. mediates disputes between the other two branches or between states or the state and federal govt.
federalists
supporters of the constitution and of a strong central govt (hamilton, Madison, Jay, etc.)
the federalist papers
a collection of articles supporting the Constitution
anti-federalists
against the constitution and a strong central govt - didn’t want a king, tyranny, or abuse and requested a bill of rights (BoR eventually was written by James Madison)
electoral college
electors from each state (2 votes + 1 for each member of the House of that state) used in presidential elections. enshrined in the constitution to prevent uneducated farmers from making political decisions
Brutus no. 1
written by “Brutus.” very first publication that kick-started the federalist and anti-federalist papers. national government had too much power, an army could prevent liberty, larger governments are less effective than smaller ones, and representatives may not truly be representative of the people
federalist #10
written by James Madison. talked about how a strong central govt would eliminate the dangers of factions taking over. cared about minority rights and preventing factionalism through a large and diverse republic. opponents thought that separate interests of states and factions would hurt the republic
federalist #51
written by James Madison. promoted separation of powers as a way to keep things fair. opponents thought one branch would inevitably have more power
federalist #70
written by Hamilton. argued that the president should be the only member of the executive branch and that they should have term limits (22nd amendment, 1951).
federalist #78
written by Hamilton. argued that the judicial branch could check Congress and would have the least amt of power. opponents were against lifetime appointments and overpowering states’ judiciaries
articles i - iii of the constitution
set up the legistlative, executive, and judicial branch. executive branch can issue executive orders and executive agreements that bypass Congress unlike normal laws and treaties
marbury v madison (1803)
scotus increased its own power so it could overturn laws passed by the legislative branch (judicial review)
article i, section 8
“necessary and proper”/elastic clause: Congress can make any legislation that seems necessary and proper. such as the federal reserve bank, federal district courts, etc.
supremacy clause
constitution is the supreme law of the land, overrides state laws
confederation
a system in which decisions are made by an external member-state legislation; decisions on daily issues are taken by special majorities, consensus, or unanimity
federalism
power being divided and shared between the central government and smaller units like states
McCulloch v maryland (1819)
states could not tax national bank. supremacy clause (always in favor of federal govt) and necessary and proper clause
united states v lopez (1995)
went against the 1990 gun free school zones act and said regulation of guns was unconstitutional
delegated/enumerated powers under federalism
powers belonging to the national govt: printing money, regulating trade, foreign policy, declaring war, sustaining armed forces, etc.
reserved powers
powers belonging to state govts: education, justice system, public health initiatives, local govt elections, intrastate business, state militias, and 10th amendment rights
10th amendment
all rights neither denied to states nor delegated to the federal govt automatically belong to the states
concurrent powers
powers shared by state and national govt: taxation, building roads, operating courts, paying debts, borrowing money, chartering banks, etc.
fixes to the articles
the constitution made federal govt guarantee states a republican govt and protection against rebellion/invasion. states could not divide or combine without congressional approval and had to accept rulings, licenses, civil acts, etc. from other states
dual federalism
the early form of federalism before the great depression - federal govt had certain tasks and state govt had others. they were distinct from each other
fiscal/cooperative federalism
modern form of federalism - states and federal govt address the same issues as states are given money from the central govt that they are instructed to use in a certain way. STATES ARE AGENTS OF FEDERAL POLICY
denied powers of the federal govt
suspend writ of habeas corpus (right to fair trial) except in a national crisis, pass ex post facto laws or issuance of bills of attainder, impose export taxes, use money from treasury without appropriations bill, grant titles of nobility
denied powers of state govts
enter into treaties w/other countries, declare war, maintain an army, print money, pass ex post facto laws or issuance of bills of attainder, grant titles of nobilities, impose import or export duties
grants in aid
the federal government pays states to administer federal government programs. they may have strings attached (federal govt controls how money is used) or not (states use the money as they see fit)
categorical grants
aid with strict rules from the federal government about how it is used
block grants
aid that lets the state use the money how it wants
advantages of federalism
mass participation, state autonomy, multi-level government, states can experiment with policies, no party domination, diversity in government
disadvantages of federalism
lack of consistency across states, overlapping/contradictory policies, corruption/stalemate through spread-out power, resistance, inequity in legislation/judicial outcomes
separation of powers
legislative branch makes laws, executive branch enforces them, judicial branch interprets them. no one can be in more than one branch at once
checks and balances
one branch of govt checks another to prevent them from becoming too powerful.
amendment
the addition of a provision to the Constitution
amendment process
2/3 of both houses of congress must approve it before it gets sent to be approved by 3/4 of the state legislatures (states can determine the process for this). there may also be a ratifying convention in each state if congress makes it so
alternative amendment process
2/3 of state legislatures petition Congress for a constitutional convention (never happened before)
state governments
must have a congress-approved state constitution. executive branch is led by the governor and runs executive agencies (roads/building, policing, education), national guard, appointment of state judges, pardons and reprieves, and veto-ing of state legislation. state judiciaries interpret state law and hear criminal cases and civil cases
checks on the executive branch
legislative branch can impeach, override vetoes, and must approve treaties and nomination of cabinet officials, ambassadors, and federal judges. judicial branch can declare executive orders unconstitutional
checks on the legislative branch
executive branch can veto laws, judicial branch can declare laws unconstitutional
checks on the judicial branch
legislative branch approves nomination of judges and can impeach tnem; executive branch nominates judges to the SCOTUS, court of appeals, and district courts
gibbons v ogden
ruling that determined that under the interstate commerce clause the states’ regulations on commerce cannot override the federal govt
