Foundations of American Democracy (15-22%) Flashcards

Unit 1 Key Terms

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1
Q

Social Contract Theory

A

A person’s moral and political obligations are dependent on a “contract” that forms the society we live in. We give up some freedoms to the gov in exchange for safety and security.
- Belief that gov existed from consent of governed
- Influenced by Rousseau and John Locke
- Influenced in DOI for why they are forming their own gov

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2
Q

Forms of Democracy:
a. Direct democracy
b. Indirect (representative) democracy
c. Participatory democracy
d. Pluralist democracy
e. Elite democracy

A

a. Citizens are directly responsible for making policy decisions.
- This works with a smaller population; however, it would be difficult to come to a consensus with millions of people. Switzerland is a rare example of this.

b. Representatives are elected by the public.
- Feds wanted this type of democracy and is the U.S.’s current type of democracy. We have the House of Representatives and Senate.

c. Emphasizes the broad participation of people in politics and politicians are responsible for implementing those policy decisions.
- Anti-Feds wanted this type of democracy. We can see it in our state and local gov through community meetings.

d. There is more than one central power with a diverse range of political parties and organized groups whom compete and coexist to influence policy. There isn’t simply one group that dominate politics.
- An example of this would be Great Britain. In America, it’s seen through interest groups (they lobby to influence policymakers decisions.)

e. A small number of people, usually those who are wealthy and well-educated, influence political decision making.
- An example of this would be the Electoral College. Electors decide on the major political decision of whos the next president. It serves as a check on the possible tyranny of the majority.

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3
Q

Republic/Republicanism

A

A representative form of government that has a constitution (and a president). The U.S. has parliament which is Congress. Citizens elect the representatives in Congress. Authority ultimately always dervies from the people.

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4
Q

Majority rule/Popular Sovereignty

A

The people make laws for the common good and what is agreed to be for the best interest of the citizens. Elected officials represent the people. Governance is based on the consent of the people.

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5
Q

Limited government

A

Our federal and state governments are restricted in power. To protect individual liberties, the executive, legislative, and judicial branches have a system of checks and balances along with seperation of powers. National gov has enumerated powers while the states have reserved powers and both forms of gov are allowed some powers and denied others.

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6
Q

Natural law/rights

A

A political philosophy that states that people have inalienable rights that no law could give or take away. John Locke said life, liberty, and propety are universal natural-born rights. It allows us to analyze the relationship between government and individuals.

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7
Q

Declaration of Independence

A

The founding fathers (Thomas Jerfferson, Benjamin Franklin, John Adams being some of the authors) wrote their reasons for seperating from Britain and published it July 4, 1776. It was heavily influenced by ideals established by enlightenment thinkers. For instance, it mentions natural rights/inalienable rights being life, liberty, and the pursuit of happiness.

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8
Q

U.S. Constitution

A

Came after the Articles of Confederation. Federalists and anti-federalists argued on whether or not to ratfiy it. Feds wanted a stronger central gov but anti-feds wanted a weaker central gov with states retaining power so individual liberties wouldn’t be threatened. In the end, feds agreed to adding the Bill of Rights so that anti-feds would ratify the Constitution.

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9
Q

Articles of Confederation

A

Agreement among the original 13 colonies - first Constitution - approved at 2nd Continental Congress.
Weaknesses were the reason for the Constitutional Convention:
- No executive
- No judicial
- Unanimous for changes
- 9/13 for laws to be passed
- Couldn’t collect taxes or raise an army

We see this through lack of centralized military power to address Shay’s Rebellion and lack of tax law enforcement power.

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10
Q

Shay’s Rebellion

A

After the American revolution, there was a violent rebellion that broke out in Massachusetts when Daniel Shays protested against what he claimed to be unjust economic policies along with political corruption within their state legislature. It was proof that the articles of confederation was too weak to properly build the country on.

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11
Q

Virginia Plan/New Jersey Plan

A

The Virginia Plan was favored by large states with a bigger population since they wanted representation based off population. It wanted two houses of Congress and a stronger central gov. The New Jersey Plan was favored by small states since they watned equal representation. It wanted one house of Congress and would’ve been similar to the Articles. They both agreed on three branches of gov. The Virginia Plan won.

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12
Q

Great (Connecticut) Compromise

A

During the 1787 Constitutional Convention, the represtation in the legislative branch was agreed upon. All states would be represented equally and also have representation based on population. The U.S. would have two houses of Congress: the Senate and the House of Representatives.

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13
Q

Bicameral Legislature

A

Two (bi) houses make up the legislative system. The House represents states based on population and the Senate represents states equally with two senators per state. This system reinforces checsk and balances because the different houses check each other within the legislative branch.

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14
Q

Three-fifths Compromise

A

During the 1787 Constitutional Convention, Northern and Southern states disagreed on if slaves should count towards population so delegates said that 3 out of 5 slaves would be counted towards population for the purposes of taxation and representation. This benefited slave states who didn’t want slavery to be limited or abolished.

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15
Q

Slave trade compromise

A

Enslaved Africans wouldn’t be able to be imported to the U.S. after 1808. Prior to 1808, slaves would be able to be taxed as property. It paved the way for the gradual death of slavery in the U.S.

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16
Q

Separation of Powers

A

In order to prevent one branch from becoming too powerful, each of the three branches have assigned roles and powers which sometimes interact with each other.

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17
Q

Checks and Balances

A

Each branch is able to check the other two which creates a balance of power in the federal gov. No one branch is able to control too much. In turn, it makes the seperation of powers.

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18
Q

Federal System/Federalism

A

Federalism is the relationship between the state and national governments. It has changed over time. Dual federalism is when the govs had defined seperate powers. Cooperative federalism is when the forms of gov interact and work together and share power equally.

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19
Q

Post- 9/11 Surveilance

A

9/11 caused the government to increase surveliance authority over Americans. It is said to have weakened Constitutional protections. An example is the quickly passed Patriot act that expanded gov control over monitoring phone calls and email comms, collecting bank and credit reports, and more.

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20
Q

Amendment Process- Art. V

A

An amendment can be proposed by 2/3rds vote from both houses or if requested by 2/3rds of the states. It has to be ratified by 3/4ths of state legislatures. The framers made it a lengthy and difficult process to make changes to the Constitution so that abuse of power could be prevented and it ensures the protection of American’s rights.

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21
Q

Necessary and Proper Clause

A

The national gov can make any law that is necessary and proper for the citizens of the U.S. It’s used by SCOTUS to bolster federal power in cases and solve problems + define who has more power: states or federal gov.

22
Q

a. Enumerated powers
b. Implied powers
c. Concurrent powers
d. Reserved powers

A

a. Powers given to the federal gov listed in the Constitution (mostly Art. I Sec. 8)
b. Powers given to the federal gov not specifically listed in the Constitution however they are impied based on similar powers.
c. Powers shared by the federal and state govs.
d. Powers neither given to the fed gov nor restricted to the state govs are powers reserved to the states.

Each of these are used to analyze SCOTUS cases to determine how we use federalism.

23
Q

Commerce Clause

A

Enumerated power listed in the Constitution (Article I, Section 8, Clause 3).
- Congress should have the power “To regulate Commerce with foreign nations, and among the several states, and with the Indian tribes.”
- Significance: Important to federalism - determining what falls under “interstate commerce” and whether fed gov can regulate interstate commerce.
- Often gives Congress more power
- Cases: U.S. v. Lopez, U.S. v. Morrison, Gonzalez v. Raich

24
Q

Electoral College

A

An indirect way of choosing the president/vice president of the U.S. to protect against majority tyranny.

25
Q

Veto/Pocket veto

A

Presidents can veto (prevent) a bill from being brought into law proposed by Congress. A pocket veto is when the president doesn’t sign a bill within the 10 day threshold and the bill can’t be returned to Congress since they aren’t in session anymore so then the bill couldn’t be passed into law. By taking no action, the president ‘keeps the bill in their pocket’.

26
Q

Impeachment

A

When a gov official (such as a president) is accused of wrongdoing and given a trial. If found guilty they will be removed from office. It’s a part of checks and balances.

27
Q

Supremacy Clause

A

When federal law conflicts with state law, the federal law takes priority as it is the “supreme law of the land”. It’s used to bolster federal power.

28
Q

Federalist vs. Anti-federalist

A

Federalists wanted a stronger federal gov and weaker state govs therefore they supported the constitution. Anti-federalists did not support the ratification of the constitution because they wanted to keep the articles which allowed the states to carry most power. They feared tyranny since they just seperated from the tyrannical monarchy of Britain and said a stronger federal gov would lead to abuse of power and the states voices essentially becoming null and void.

29
Q

Federalist 10

A

A part of the federalist papers. It states how a strong federal gov helps to protect individual liberties instead of threatening them because it can restrict the power of factions. Madison talks about his belief that a republic prevents the corruption of factions better than a democracy could.

30
Q

Federalist 51

A

Federalists used it to explain seperation of powers among the different forms of gov. along with the system of checks and balances. Basically, Madison emphasizes the distribution of powers.

31
Q

Brutus 1

A

Written by anti-federalists to say that the proposed constitution’s creation of a strong federal gov threatened individual liberties as well as state sovereignty.

32
Q

Bill of Rights

A

To ensure that individual rights were protected, anti-federalists insisted on the inclusion of a bill of rights. It lists American’s civil rights such as freedom of speech, religion, and more. The first 10 amendments also left citizens with more confidence in their gov.

33
Q

10th amendment

A

It explained the balance of power between the state and federal gov. by stating “any powers that are not specifically given to the federal government, nor withheld from the states, are reserved to those respective states, or to the people at large.” Essentially, it defines reserved powers.

34
Q

Limits on Congress

A

Anything non-economic can’t be regulated off the basis of its effects on interstate commerce. Art. I Sec. 9 lists limits on congress like in clause 3 it says congress cant pass a law to delcare a person guilty of a crime.

35
Q

14th amendment

A

“All persons born or naturalized in the United States,” were granted citizenship including those formerly enslaved. African Americans were given equal rights.

36
Q

Full Faith and Credit Clause

A

Art. IV Sec. 1 says state courts must respect the jurisdiction of other state courts. This is in place to prevent interstate conflict.

37
Q

Privileges and Immunities

A

“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (Art. IV Sec 4) It doesn’t matter what state one lives, all Americans share the same basic rights and states can’t take those away unless you’re found guilty and given a fair sentence after a fair trial.

38
Q

Extradition

A

Art. IV Sec. 2 states that a person found guilty and charged with any crime that flees to another state must be found and returned to the state they escaped from to recieve jurisdiction there.

39
Q

Marbury v. Madison

A

SCOTUS ruled an act of congress unconstitutional, which presented their judicial power as interpreters of the constitution but also showed how the national gov’s power is limited.

40
Q

McCulloch v. Maryland

A

SCOTUS ruled, with the support of the Supremacy Clause and Necessary and Proper Clause, that congress had the power to establish a national bank and states didn’t have the power to tax a federal bank.

41
Q

Gibbons v. Ogden

A

SCOTUS ruled that when dealing with the economy, congress has the power to use the Commerce Clause to regulate interstate commerce.

42
Q

Barron v. Baltimore

A

SCOTUS ruled that the states didn’t need to apply the bill of rights. Citizens needed to depend on their state laws to protect their rights. It motivated the creation and ratification of the 14th amendement which let most protections provided by the bill of rights maintain their foundation thereby continuing application of those rights in the states.

43
Q

Dred Scott v. Sanford

A

SCOTUS ruled that congress didn’t have the power to ban slavery in federal territory. Since enslaved people weren’t considered citizens of the U.S. they couldn’t recieve protection from the federal gov. This was a win for the Southern states.

44
Q

a. Dual federalism
b. Cooperative federalism

A

a. The federal and state govs operate their powers seperately. The local, state, federal govs each have defined exclusive control in certain areas.
b. The federal and state gov’s powers overlap. They have equal power. The New Deal shaped this type of federalism as the state and national govs needed to work together to get out of the Great Depression. The Great Depression also led to an increase in federal power since it needed to take more initiative to handle the major economic crisis.

45
Q

Revenue Sharing

A

When the federal gov shares distributes portions of tax revenue with the states and states share revenue with local govs. It helps deal with domestic issues (internal problems).

46
Q

Grants-in-aid:
a. Categorical grant
b. Block grant

A

a. Money given by the federal gov to state/local govs to spend with specific purposes and a program. These give the federal gov more control.
b. Money given by the federal gov to state/local govs to spend with a broader set of programs in mind but not limited to specific activities. These give local govs more control.

47
Q

Devolution

A

The reduction of federal power through the transfer of responsibilities to state govs. Power is returned to the states.

48
Q

Preemption

A

When a higher form of gov can limit or block power a lower level of gov has to regulate an issue. The Supremacy Clause says the national gov law is prioritized over state legislature.

49
Q

a. Federal mandates
b. Unfunded mandates

A

a. Since they received grant money, states are required to take action with policies to achieve a goal with national importance.
b. The federal gov doesn’t provide funds but states and local govs are still expected to fulfill requirments.

50
Q

Unites States v. Lopez

A

SCOTUS ruled that Congress exceeded its constitutional authority with the Commerce Clause after Congress claimed possession of guns in school zones significantly affect interstate commerce. It’s a case where limits on the national gov. is enforced.