Unit 1 Review Flashcards
Natural rights
The idea that people are born with certain rights (life, liberty & property)
Popular sovereignty
The idea that the power to govern is in the hands of the people
Social contract
In order to protect peoples’ natural rights, they willingly give some of their power away to the government
Republicanism
People elect leaders to represent them & create laws in the public interest
Limited government
The idea that the government is prevented from tyranny through a system of checks & balances & distribution of power among several acting members
Declaration of Independence
Provides foundation for popular sovereignty, the social contract & natural rights.
US Constitution
Provides a blueprint for republicanism & the separation of powers.
3 kinds of democracy
Pluralist, elite & participatory
Participatory democracy
Participation from most if not all members across society
Pluralist democracy
Groups of people form interest groups and compete to influence policy
Elite democracy
The idea that the most “educated” people need to run the government
Example of participatory democracy
Town halls
Example of pluralist democracy
Interest groups (like NAACP or the National Rifle Association)
Examples of elite democracy
The electoral college (people vote for people who vote)
How is elite democracy present in the Constitution
Elected representatives legislate on behalf of their people
How is pluralist democracy present in the Constitution
First Amendments freedom of assembly (which allows political parties / interest groups to flourish)
How is participatory democracy present in the Constitution
First Amendment’s freedom of speech and press, and the 15th and 19th Amendments that expanded voting rights
Brutus 1
- Pro participatory democracy
- Feared that a large republic would restrict personal liberties
Federalist 10
- Pro pluralist democracy
- Argued that a larger republic = more interest groups = less likely for one group to take over
What did the federalist and anti-federalists debate
The ratification of the US Constitution
Ratification
Accepting something as law
What did Federalist 10 & Brutus 1 argue
Majority rule vs minority rights
Factions
Groups of people who believe their interests are more important than any other interest
Madison’s two solutions to the issues of factions, and which one he favored
- Take away causes of factions
- Try to manage their effects
He favored the second option because the first one would mean stripping people of their liberty which would be worse than the problem itself
The clauses that anti-federalists strongly opposed
Necessary & Proper Clause
Supremacy Clause
(These gave more power to the federal government rather than state governments)
Articles of Confederation
The first US ‘constitution’ where much of the power belonged to the states and the federal government was very weak
Some primary problems with the Articles of Confederation are ..
• Only one branch of federal government (Congress)
• No president or federal court
• Congress had no power to raise revenue through taxes
• No power to raise an army
Under the Articles of Confederation, Congress was very weak and couldn’t pay its bills. The states tried to propose a resolution which granted Congress the power to collect a 5% tax on imported goods. What happened then?
11 out of 13 states said yes, but under the Articles of Confederation, you needed all 13 states to agree in order to change the Articles themselves, so this failed & Congress remained weak
Shay’s Rebellion
A lot of war veterans weren’t getting paid by Congress because they basically had no money and yet Congress still prosecuted them if they didn’t pay their taxes.
Because of this, a bunch of them joined together in Massachusetts. Since there was no national army to come in and help, a bunch of Massachusetts citizens had to form their own militia
This made everyone realize how weak the federal government was, so the Philadelphia Convention was called in
Philadelphia Convention
Called in after Shay’s Rebellion. Goal was to change the Articles of Confederation but they ended up just drafting an entirely new Constitution
The Great Committee
Washington, Hamilton, Madison and others were tasked with making compromises needed to create the Constitution
Great Compromise
A compromise on how people would be represented in the new Congress
Virginia Plan
• Proposal to the Great Compromise
• Congressional representatives should be apportioned by population
• Big states have more representatives & thus more power
New Jersey Plan
• Opposed Virginia Plan
• Argued that each state should be represented equally with one vote per state
• ^ which would mean small states still have less power if small populations have the same power as large populations
Virginia Plan & New Jersey Plan compromise was ..
Creation of a bicameral Congress
• House of Representatives where people are represented by population
• Senate where states are represented equally with two votes per state
Compromise on how the president would be elected
Electoral College
• Each state is given the number of electors that corresponds to the number of congressional representatives they have in the House
• ^ State legislatures have all the power to decide who those people are, and its those people who elect the president
3/5 Compromise
Tension:
• Northern states thought slaves shouldn’t be counted as representatives
• Southern states wanted all slaves to be counted & thus increase Southern power in Congress
Compromise:
• Three-fifths of the enslaved population would count towards representation
Article V
Two stage process to amend the Constitution:
• Proposal (proposed either by Congress or the states)
• Ratification
• 2/3 vote is needed for the proposal to become official
• Then the amendment is sent to the states for ratification (3/4 of state legislatures need to agree)
Example of legislative branch’s checking power:
Advice and consent: Any appointments that the president makes to the Cabinet or Supreme Court has to be approved by the Senate
Example of executive branch’s checking power:
Veto: If Congress passes a law that the president doesn’t like, the president can veto it (unless Congress overrides the veto with a 2/3 vote)
Example of judicial branch’s checking power:
Judicial review:
It’s the Supreme Court’s duty to judge the laws passed by Congress and signed by the president on the basis of their constitutionality
• Not mentioned in Constitution, but implied
Federalism
The sharing of power between national and state governments
Exclusive powers
Powers specifically delegated by the Constitution to the federal government
(Ex: only Congress can make treaties with other sovereign nations)
Reserved powers
Powers kept by the states (explained in 10th Amendment)
(Ex: police powers, hospitals, education, etc.)
Concurrent powers
Powers shared by both federal and state governments
(Ex: Income tax)
Fiscal federalism
How federal and state governments share funding
Types of grants
Categorical grants & block grants
Categorial grants
Given to the states as long as the states comply with specific federal standards
• Given to very specific needs of the states & Congress decides how that money is going to be spent
Block grants
Given to states for a more broad purpose & the states can spend that money as they see fit
(Ex: Congress gives a state money for the prevention of crime & the state decides how to spend that money in order to meet that requirement—hiring more police officers etc.)
Mandates
An official order or commission to do something
Unfunded mandates
Federal government issues the mandate and provides no funding to help the states achieve it
• These were largely struck down during the Devolution Revolution under Reagan
• Clinton signed Unfunded Mandates Reform Act which denied Congress the power to issue these
10th Amendment
Lays down basis for reserved powers
14th Amendment
Applies Bill of Rights (first 10 amendments) to the states
• Bill of Rights originally protected citizens from the federal government
Commerce Clause
Allows Congress to regulate commerce among the states
Necessary and Proper Clause
Congress can make any other laws to uphold those powers explicitly delegated to them
(Ex: Hamilton establishing a national bank, Constitution never says you can but it says Congress has the power to regulate interstate commerce & raise taxes)
McCulloch vs Maryland
(Example of the balance of power tipping into federal power’s favor)
• Court ruled that Necessary & Proper clause implied certain powers given to the federal government even if they weren’t specifically mentioned in the Constitution
• Court argued that the Supremacy Clause meant that where the two conflicted, federal law trumps state law
United States v. Lopez
(Example of the balance of power tipping towards the states favor)
• Congress used the commerce clause to ban guns on school property & the Court decided that carrying guns to school is in no way related to interstate commerce
• Court ruled that Congress overstepped its bounds into state authority, thus providing a win for state power
Example of federalism in action
Marijuana legalized in many states although it’s federally illegal
Stakeholders
Anyone affected by the outcome of legislation
