Unit One: Constitutional Underpinnings Flashcards
citizens meet and vote directly on government decisions
Direct Democracy
citizens choose officials who make decisions on government policy
Representative Democracy (Republic)
the first ever attempt to limit the power of the British King, guaranteed all people certain rights
Magna Carta
Believed in a representative democracy (republic)
Locke
Believed in direct democracy
Rousseau
principle that people enter into a social contract with the government and allow to be ruled
Social Contract Theory
principle that there are no supreme rulers, all rulers depend on the approval of the people, when governments fail to protect rights the people have the right to change the government
Consent of the Governed
principle that all people are born with certain rights: life, liberty, and property (Jefferson changes property into pursuit of happiness)
Natural Rights
Thomas Jefferson’s document built on principles of “life, liberty, and the pursuit of happiness” consent of the governed, and social contract theory. It also justified American revolution against England
Declaration of Independence
Belief in doing what’s best for the nation overall
Common Good
Belief that the ultimate authority rests with the people
Popular Sovereignty
Belief that government is run based on the will of the majority
Majority Rule
- Weak association of states (states very independent)
- No central executive power
- No federal power to tax citizens directly
- Federal government could raise an army, (but not pay for it), print money, declare war, and run the post office
- 9 out of 13 states were required to vote to pass a law
- With no strong central government supervision, states could get away with taxing and printing money, and making foreign treaties
Articles of Confederation
Farmer rebellion in Massachusetts 1786 1787 protesting mortgage foreclosures and terrible economy. Rebellion represented how weak the central government was, and terrified many Americans
Shays’ Rebellion
- Delegates meet in Philadelphia in 1787 to write a new constitution to replace Articles of Confederation–supported republic w/ 3 branches (executive, legislative, judicial)
- Serious debates b/w federalists vs. antifederalists, North vs. South, big states vs. small states over new gov’t
- Lead to compromises b/w these groups
Constitutional Convention
Compromise between North and South that counted slaves as 3/5 of a person to give the south more representatives
3/5 Compromise
Established two equal bodies (House of Representatives and Senate–bicameral legislature) one based on population, one giving all states equal representation. This was a compromise between big states (Virginia Plan) and small states (New Jersey Plan) over the format of the Congress
Connecticut Compromise (Great Compromise)
supported the Constitution because it gave power to a strong central government
Federalists
opposed the constitution because they thought the national government would become tyrannical and take power away from the states
Antifederalists
articles written by Madison, Hamilton, and Jay arguing for the constitution
Federalist Papers
written by Madison, discusses importance of factions, factions are inevitable, but factions are best handled by a large republic.
Federalist 10
written by Madison, discusses importance of checks and balances and the separation of powers in the constitution
Federalist 51
- Congress could not tax, it relied on contributions from states
- Congress couldn’t regulate interstate trade
- No chief executive to enforce the law
- No national judiciary to handle state fights
- Each state was given only one vote
Articles of Confederation Weaknesses
- National government had power to tax directly
- Interstate Commerce Clause gives Congress interstate regulatory power
- Article II creates president who enforces the law
- Article III creates Supreme Court
- Bicameral legislature represents states both by population, and equality
Constitution Strengths
Each of the three branches has its own power and independence
Separation of Powers
passes laws
Legislative Branch
executes laws
Executive Branch
Interprets laws (this power comes from Supreme Court Case Marbury vs. Madison – set dogma of judicial review, where the Supreme Court may rule an act of the President or Congress unconstitutional)
Judicial Branch
Each branch has some power over the others, but retains independence
Checks and Balances
- Approves budget
- Passes laws
- Can override veto
- Can impeach president, judges
- Approves appointments and treaties
- Confirms judges and cabinet appointments
Legislative Checks
- Can propose laws
- Can veto laws
- Can call special sessions of congress
- Can appeal to public
- Appoints officials and judges
- Can pardon convicted felons
Executive Checks
- Interprets laws
- Can declare executive acts and legislative laws unconstitutional
Judicial Checks
Separation between powers of the Federal, State, and Local governments
Federalism
System of government in which the central government is very weak, and most of the true power lies in individual states
Confederacy
System of government in which the central government is extremely powerful, and individual states have few powers
Unitary System
Belief that the state and national governments are supreme within their own sphere of influence
Dual Federalism aka “Layer Cake”
sharing powers between state and federal governments
Cooperative Federalism aka “Marble Cake”
government’s patterns of spending, taxing, and providing grants to influence state and local governments
Fiscal Federalism
money given from the federal government to the states
Grants-in-aid
federal grants for specific purposes (building an airport)
Categorical grants
broad grants from the federal government that give local/state governments a lot of freedom to spend money as they please without many strings attached
Block grants
federal sharing of a fixed percentage of its revenue with the states
Revenue Sharing
terms set by the federal government that states must meet if they accept federal grants
Mandates
process of returning power to the states, this began during New Federalism under presidents Nixon, Reagan, and Bush
Devolution
Express, Implied, and Inherent powers
Federal Powers
powers listed (enumerated) in the constitution for the Federal government: go to war, raise an army, regulate interstate and foreign commerce, establish post offices
Expressed Powers
Based on necessary and proper clause (elastic clause) – gives congress flexibility to make laws necessary and proper for carrying out express powers, upheld in McCulloch v. Maryland
Implied Powers
powers dealing with foreign policy not in constitution, but given to federal government
Inherent Powers
- Regulate interstate commerce
- Coin/print money
- Provide army
- Declare war
- Establish federal courts
- Set foreign policy
- Make all laws “necessary and proper”
Federal Powers (Expressed, Implied, Inherent)
- Levy taxes
- Spend for general welfare
- Enact and enforce laws
Federal and State Powers (Concurrent)
- Regulate intrastate commerce
- Establish local governments
- Establish public schools
- Administer elections
- Establish licensing requirements
State Powers (Reserved)
Powers explicitly denied to government:
- suspending writ of habeas corpus
- passing bills of attainder
- ex post facto laws
Denied Powers
being imprisoned without formal accusation
Habeas Corpus
laws that declare a person to be guilty
Bills of Attainder
“after the fact,” laws that make an act illegal after it was performed
Ex Post Facto Laws
power to tax and spend, establish courts, make laws
Concurrent Powers
Federal law is superior to state law. This came out of the court case McCulloch vs. Maryland, in which there was debate as to whether or not the Bank of the United States had to pay Maryland state taxes. The Supreme Court ruled that because the Bank of the US was NATIONAL it did not have to follow Maryland STATE law. This ruling overturned the idea of nullification by which states could override federal law
Supremacy Clause
Gives Federal Government authority to regulate all of interstate commerce. This clause gives the federal government authority to regulate businesses that go between state lines, and justifies many federal laws (Civil Rights Act)
Interstate Commerce Clause
president must enforce ALL laws passed by congress
Take Care Clause
states must honor laws and court rulings of other states
Full Faith and Credit
requires states to extend same privileges and immunities to all citizens (even of other states)
Privileges and Immunities
First 10 amendments to the Constitution that guarantees individual and states’ rights. This was a concession the federalists made to the anti-federalists to ensure constitution would be ratified
Bill of Rights
freedom of speech, assembly, petition, religion, press
1st Amendment
right to bear arms
2nd Amendment
no unreasonable searches and seizures
4th Amendment
right to a trial, no double jeopardy, individuals are not required to testify against themselves
5th Amendment
right to a speedy, public, and impartial trial with lawyer
6th Amendment
no excessive bails or fines, no cruel and unusual policies
8th Amendment
powers not given to the federal government or denied of the states are reserved to the states (states rights)
10th Amendment
- 2/3 of congress propose amendment & 3/4 of states ratify it
- State convention called by 2/3 of states propose amendments & 3/4 of states ratify (this method has only been used once, 21st amendment)
How to Amend the Constitution
