Unit 1 Terms Flashcards
Politics
the process of influencing the actions and policies of government
Government
the rules and institutions that make up that system of policymaking
Democracy
(form of govt.) power is held be the people
Natural Rights
the right to life, liberty, and property, which government cannot take away.
Social Contract
people GIVE their govt.s the power to rule over them to GET / ensure an orderly and functioning society. If the government violates the social contract, people have the right to replace that government
what did John Locke do?
Social contract and natural rights believer
American Political Culture
the set of beliefs, customs, traditions, and values that Americans share.
Parts of the Declaration of Independence
had the preamble (set the stage), a declaration of rights, grievances to the king, and a pledge.
Sovereignty
the right of a government to rule
Popular Sovereignty
(a kind of sovereignty) the idea that the government’s right to rule comes from the people. (stated in preamble)
Republicanism
a government’s authority comes from the people through their representatives.
Representative govts. are more efficient that direct democracy govts. (like in Ancient Greece) - people can’t vote on every little issue.
Inalienable Rights
self evident. rights that the government cannot take away (ex - life, liberty, and the pursuit of happiness)
Liberty
social, political, and economic freedoms
Freedom from interference/etc. or freedom to do something/etc. - often tension between these two.
Participatory Democracy (theory)
widespread participation is key/essential for democratic government.
Civil Society Groups
independent associations outside of the government’s control
Cornerstone of Particapatory Democracy
Pluralist Theory (theory)
emphasizes the role of groups in the policymaking process.
Ex: NRA, AARP, ACLU, the National Legal Foundation
Believes - thousands of groups - impossible for one of them to win all of the time,
Groups have many ways to influence
Elitist Theory (theory)
theory of democracy that the elites have a disproportionate amount pf influence in the policymaking process.
Elected officials are too heavily influenced by wealthy interest groups.
Concerned with the growing income gap - believe that top 1 percent have too much control over policymaking.
Political Institutions
the structure of government, including the executive, legislative, judicial, branches.
Constitutional Republic (a democratic system)
with elected representatives in which the Constitution is the supreme law.
USA is this
Constitution
a document that sets out the fundamental principles of governance and establishes the institutions of government
Republic
a government ruled by representatives of the people.
What did James Madison do?
-James Madison was interested in creating a republic that lasted (unlike other republics)
-Madison’s research played a huge role in designing the new American government
- wanted to change articles of confederation govt
- wrote some of the federalist papers
Articles of Confederation and Perpetual Union
a governing document that created a union of thirteen sovereign states in which the states, not the national government, were supreme.
- Formally ratified in 1781, but by 1786 began showing problems
League of Friendship
- “Each state retains its sovereignty, freedom, and independence, and every Power, Jurisdiction, and right, which is not by this confederation expressly delegated to the United States, in Congress assembled.”
- Provided protections against the possibility of any other state claiming disputed territory on its own w/o approval from the federal govt.
What could the national government do under the articles of confederation?
- The national government under the Articles was intentionally weak - state legislatures had most of the power.
- They really only had the powwer to raise an army/navy.
Lacked taxation power
Hindered domestic economy - states placed trade restrictions on eachother
Unicameral
a one-house legislature.
Confederal / Articles of Confederation Govt. Branches
- unicameral legislature
- States could sent up to seven delegates to serve in the legislature, but each state was only given one vote on legislation
-Confederal Government had no judicial branch
-It was a weak government that a country in crisis / just needed to survive needed.
The Annapolis Convention
Called in the fall of 1786 to address trade and navigation disputes among states.
Madison and others unofficially hoped that this would lead to government change
Turnout and results were weak - only 5 out of the 13 states sent representatives.
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Shay’s Rebellion
a popular uprising against the government of Massachusetts.
Named after Daniel Shays.
Shay’s Rebellion Significance
- Shay’s Rebellion was defeated by Major General William Shepard and his newly raised state militia.
- Convinced George Washington to return to public life after before saying that he was going to just be a civilian after the Revolutionary War.
Constitutional Convention
a meeting attended by state delegates in 1787 to fix the Articles of Confederation.
What was the initial overall goal of the Constitutional Convention?
Overall goal of creating a stronger fiscal and military state
Writ of Habeas Corpus
- the right of the people detained by the government to know the charges against them
- Article I Section 9 of the constitution forbids this
Bills of Attainder
- when the legislature declares someone guilty without trial.
- not alloweddd
Ex Post Facto Laws
- laws punishing people for acts that were not crimes at the time they were committed.
- prohibited
Virginia Plan
- a plan of government calling for a three-branch government with a bicameral legislature (two houses) where more populous states would have more representation in Congress.
- Members of the lower house were nominated by the people , members of the upper house would consist of representatives nominated by state legislatures and chosen by members of the lower house.
- Some questioned if they could be equally represented in this a plan of government calling for a three-branch government with a bicameral legislature (two houses) where more populous states would have more representation in Congress.
- Members of the lower house were nominated by the people , members of the upper house would consist of representatives nominated by state legislatures and chosen by members of the lower house.
Some questioned if they could be equally represented in this
The New Jersey Plan
- proposed a unicameral legislature where each state delegation (chosen by state legislature) would get one equal vote in that legislature.
- James Madison and James Wilson didn’t like how people didn’t like the Virginia Plan. Some thought that it violated sovereignty.
Grand Committee
a committee at the Constitutional Convention that worked out the compromise on representation.
Great (Connecticut) Compromise
- an agreement for a plan of government that drew up on both The Virginia Plan and The New Jersey Plan. It settled issues of state representation by calling for a bicameral legislature with a House of Representatives apportioned proportionately and a Senate apportioned equally.
- Decided that a number of members from each state in the Houuse of Representatives would be chosen according to state populations, The people would directly elect these representatives.
- States would be represented equally in the upper chamber, The Senate. Two senators would be chosen from each state by their state legislatures.
The Three-Fifths Compromise
an agreement reached by delegates at the Constitutional Convention that a slave would count as three-fifth’s of a person in calculating a state’s representation
Compromise on Importation
congress could not restrict slave trade until 1808.
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.
The Legislative Branch
- the instituition responsible for making laws,
- Congress + legislative branch have to work together to pass laws.
Expressed or Enumerated Powers
authority specifically granted to a branch of the government in the Constitution.
Ex. Congress can borrow money and collect taxes
Necessary and proper or elastic clause
- in Article I, Section B, granting Congress the power necessary to carry out its enumerated powers.
- Done to preserve its flexibility,
Implied powers
authority of the federal government that goes beyond its expressed powers.
Executive Branch
- the institution responsible for carrying out laws passed by the legislative branch.
- Lead by one executive - The President.
President has some power over Congress, but they can Veto the president.
Judicial Branch
the institution responsible for hearing and deciding cases through the federal course.
Supremacy Clause
constitutional provision declaring that the Constitution and all natural laws and treaties are the supreme law of the land.
Amendment
the process by which changes may be made to the Constitution
Amending a document is a two-stage process, with two possible routes the the completion of each stage.
Federalists
supporters of the proposed Constitution, who called for a strong national government
Antifederalists
those who opposed the proposed Constitution, who favored stronger state governments.
Federalist Papers
a series of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay and published between 1787 and 17888 that lay out the theory behind the Constituition.
Federalist No.51
an essay in which Madison argues that separation of powers and federalism will prevent tyranny.
Faction
a group of self-interested people who use government to get what they want, trampling the rights of others in the process. Believed by Madison to be the most dangerous threat to a republic.
Federalist No.10
an essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government.
Brutus No.1
An Antifederalist Paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government.
Federalism
a system that divides power between national and state governments.
Police powers are under authority of the states, power of taxation is shared, etc.
Raich and Monson case
Raich and Monson used medical marijuana - legal under the laws of california but illegal under federal law.
Unitary system
a system where the central government has all of the power over subnational governments.
The United Kingdom, China, and Iran . most countries have this system.
Confederal system
a system where the subnational governments have most of the power
The United States under the Articles of Confederation. Also Switzerland
Federal system
a system where power is divided between the national and state governments
Has constitutional protections for each level against encroachment on its poweers by the other levels
The United States, Mexico, Nigeria, Russia
Enumerated or Expressed Powers
powers explicitly granted to the national government through the constitution.
Exclusive Powers
powers only the national government may exercise.
Implied Powers
powers not granted specifically to the national government but considered necessary to carry out the enumerated powers.
Commerce clause
grants Congress the authority to regulate interstate business and commercial activity
Anything you make or grow or sell COULD be sold to someone from another state and that’s out of your control.
“Regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
Necessary and proper clause
grants the federal government the authority to pass laws required to carry out its enumerated powers. This is also called elastic clause
“Make all Laws which shall be necessary and proper for carrying into Execution… Powers vested by this Constitution in the Government of the United States.”
Supremacy Clause
establishes the Constitution and the laws of the federal government passed under its authority as the highest law of the land
“This Constitution, and the Laws of the Unites States..shall be the supreme Law of the Land.”
This means that the states must abide by the laws passed by Congress, even if the state constitutional provisions conflict with them.
Tenth Amendment
reserves powers not delegated to the national government to the states and the people; the basis of federalism.
Reserved powers
powers not given to the national government, which are retained by the states and the people.
Police powes , the ability to conduct elections , the constitution cannot be amended without the consent of three-fourths of the states.
Concurrent Powers
powers granted to both states and the federal government in the constitution.
Both may enforce laws, create and operate a system of courts, and charter banks and corporations. .
Full Faith and credit clause
constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state.
This means that a couple married in vermont is still married in Alaska, etc.
There are limits - for example, some states might make you get a ne drivers license.
Extradition
the requirement that officials in one state return a defendant to another state where a crime was committed.
Privileges and immunities clause
constitutional clause that prevents states from discriminating against people from out of state.
John Marshall
very important figure in shaping federalism after the ratification of the Constitution.
Chief justice in the Suporeme Court from 1801 - 1835 (longest-serving chief justice in American history)
{Marshall Court} - McCulloh vs. Maryland (1819)
- The first of the major federalism cases
- “The case centered on the Second Bank of the United States, a national bank chartered by Congress, whose charter had been left to expire and amid a ‘debate about iits constititionality’. Many questioned if Congress had the authority to charter a national bank. Several states, including Marylandm passed laws rto tax the Second Bank of the United States. Bank officials in Maryland refused to pay the state tax, and the dispute went to the US Supreme court.
- The case centered two questions: “Did Congress have the authority to establis the bank in the first place? And did individual states have the authority to tax its branches operating within their borders?”
- Supreme Court firmly came down on the side of the authority of the National Government.
- Cited Necessary and proper clause.
- Believed that a valid implied power of Congress gave congress the right to establish the bank.
Gibbons v. Ogden (1824)
Focused on the power of congress to regulate the trade “among several state”.
Court decided that the federal government has exclusive power over interstate commerce.
Thirteenth Amendment
constitutional amendment that outlaws slavery
Fourteenth Amendment
constitutional amendment that provides that persons born in the United States are citizens and prohibits states from denying persons due process or equal protection under the law.
Equal Protection Clause
Fifteenth Amendment
constitutional amendment that gave African American males the right to vote.
Plessy v. Ferguson (1896)
A case in which the Court held that state-mandated segregation laws did not violate the equal protection clause of the Fourteenth Amendment
Dual Federalism
a form of American federalism in which the states and the national government operate independently in their own areas of public policy.
Distinct but not complete separation between the fedeeral and state governments
Selective Incorporation
the process through which the Supreme Court applies the fundamental rights in the Bill of Rights to the states on a case-by-case basis
Lockner v. New York (1905)
in which the state need to limit the working hours of bakers to 60 hours per week.
Gitlow v. New York (1925)
the Court ruled that freedom of speech and the press are fundamental liberties proteced by the due process clause from violations by the states
Cooperative federalism
a form of American federalism in which the states and the national government work together to shape public policy
Grants-in-aid
federal money provided to the states to implement public policy objectives.
Fiscal federalism (BRIBERYY)
the federal government’s use of grants-in-aid to influence policies in the states
Categorical grants
grants-in-aid provided to the states with specific provisions on their use
Kind of like bribes ?
Unfunded Mandates
federal requirements that states must follow without being provided with funding.
The Americans with Disabilities Act of 1990 (required states to make public buildings accessible)
block grant
a type of grant-in-aid that gives state officials more authority in the disbursement of federal funds.
Provides federal money for public policies in a way that tires to inceease state, local, and regional authority in how that money is spent and lessel federal influence.
Revenue Sharing
when the federal government apportions (divides / allocates) tax money to the states with no strings attached.
Devolution
returning more authority to state or local governments.
The United States v. Lopez (1995)
involved the Tenth Amendment. It limits the federal government’s ability to pass legislation under the commerce clause and gives more power to the states. Sided with Lopez
Brough a firearm into a school with the intent to sell it.
PRESERVING STATE’S AUTHORITY
United States v. Windsor (2013)
In a 5-4 decision, the Supreme Court ruled that the section of DOMA classifying only opposite-sex marriages as legal under federal law was unconstitutional
Obergefell v. Hodges (2015)
Legalized gay marriage nationwide.
John Arthur and Obergefell.
