The people
Enlightenment thinkers stressed the importance of governments protecting natural rights. In the state of nature one can find popular sovereignty. This belief resulted in a desire to make all governments beholden to
John Locke
Who wrote "life, liberty, and property
The Declaration of Independence (1776) contained an argument that government should preserve what?
The government should preserve to the liberties and rights of the people and protect them.
According to James Madison in Federalist 10, if factions, interest groups and cliques are so dangerous to democratic government - why not remove them?
Removing these factions would deprive citizens of their civil liberties and not allow them the freedom of ideology that a person deserves.
Brutus essays argued that strong centralized governments tend to be corrupted by who?
The powerful aristocrats, which would make up the government ruling class.
A rowdy Shays' Rebellion in Massachusetts following the American Revolution exposed the weaknesses of our first United States government. What weakness of that early central government was exposed the most by Shays' Rebellion?
The government's inability to raise an army.
The most serious disagreement in the debate between large and small states at the Constitutional Convention was over which issue?
How the seats in the legislative branch would be decided.
The Connecticut (Great) Compromise provided for
The creation of 2 houses in the legislative branch: House of Reps (based of population size) and Senate (everyone has 2).
The first governing charter of the United States, the Articles of Confederation, ultimately failed. Why?
It loosely aligned the states and the central government was unable to tax the people.
Despite the need for a stronger government, our Founding Fathers were weary of consolidating the functions of government. To assuage against the abuse of power the new U.S. Constitution made central.
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What did federalist do to calm fears that the Constitution would restrict personal freedoms?
They added the Bill of Rights to the Constitution.
Compromises at the Philadelphia constitutional convention in 1787 were necessary in order to assure ratification. Some important issues were left unresolved. It is for this reason, perhaps, that the escape hatch found in Article V was included. What did A
The ability to amend the Constitution.
Borrow money, issue bonds, charter banks/ companies, establish courts, collect taxes, build roads, make/ enforce laws, and provide social services.
concurrent powers under the federalist system of the Constitution
Which of the Constitution's characteristics does the cartoon address?
Adaptability
Limited government
prevent the government from being able to get too big to become tyrannical and overbearing.
Separation of powers
Separation of powers in the federal government, and between the states and federal government created checks and balances to prevent any part of the government from becoming superior and being dominant.
Federalism
The idea of a strong central government.
Direct democracy
Government in which citizens vote on laws and select officials directly.
Popular sovereignty
A belief that ultimate power resides in the people.
Checks and balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Declaration of independence
Signed in 1776 by US revolutionaries; it declared the United States as a free state.
Thomas Hobbes
English materialist and political philosopher who advocated absolute sovereignty as the only kind of government that could resolve problems caused by the selfishness of human beings (1588-1679)
Benjamin Franklin
American intellectual, inventor, and politician He helped to negotiate French support for the American Revolution.
John Locke
English philosopher who argued that people have natural rights
James Madison
Father of the Constitution," Federalist leader, and fourth President of the United States.
Articles of Confederation
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)
US Constitution
The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.
How did the US Constitution remedied the Articles of Confederation?
It established a strong central government.
Article I
Establishes the Legislative Branch
Article II
Executive Branch
Article III
Judicial Branch
Article 4
Article of the Constitution that regulates the states' powers, and their interaction with the National government.
Article 5
Amending the Constitution
Constitutional Convention in 1787
A meeting in Philadelphia in 1787 that produced a new constitution
Confederation of elites
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Representative Democracy
a form of democracy in which citizens elect officials to govern on their behalf
Parliamentary Polity
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Brutus 1
It is impossible to have a Large republic and have a stable government.
Federalist 10
An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.
Federalist 51
Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.
Federalist
Supporters of the Constitution that were led by Alexander Hamilton and John Adams. They firmly believed the national government should be strong. They didn't want the Bill of Rights because they felt citizens' rights were already well protected by the Con
Anti Federalist
people who opposed the Constitution
Republicanism
A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of the governed.
Authoritarianism
A political system in which a small group of individuals exercises power over the state without being constitutionally responsible to the public.
The Bill of Rights
The first ten amendments to the Constitution
Elastic Clause
Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.
The necessary and proper clause
constitutional authorization for Congress to make any law required to carry out its powers
Judicial Review
Allows the court to determine the constitutionality of laws
Three branches of government
Legislative, Executive, Judicial
Gibbons v. Ogden
This case involved New York trying to grant a monopoly on waterborne trade between New York and New Jersey. Judge Marshal, of the Supreme Court, sternly reminded the state of New York that the Constitution gives Congress alone the control of interstate co
Marbury v. Madison (1803)
Established judicial review
McCulloch v. Maryland (1819)
the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later ru
Barron v. Baltimore (1833)
The Supreme Court ruled that the due process clause of the Fifth Amendment did not apply to the actions of states. This decision limited the Bill of Rights to the actions of Congress alone.
US V Lopez
The Court held that Congress had exceeded its commerce clause power by prohibiting guns in a school zone.
Franklin Roosevelt
1933-1945, Democrat, "forgotten man," broke two term rule, platform - prohibition, help farmers, prevent fraud, balanced budget, decrease public spending, third election - two groups: "Defend America by Aiding the Allies" and "America First
Decentralized powers
Powers that are given to local and state governments.
Delegated powers
Constitutional powers granted solely to the federal government.
Concurrent powers
Powers held jointly by the national and state governments.
Reserved powers
Powers not specifically granted to the federal government or denied to the states belong to the states and the people
privileges and immunities
States are prohibited from unreasonably discriminating against residents of other states (article 4)
full faith and credit
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
Extradition
A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
Implied Powers
Powers inferred from the express powers that allow Congress to carry out its functions.
Formal Amendment Process
Process through which amendments are added to the constitution. Phase one is proposal by either 2/3 of Congress or Convention requested by 2/3 of the state Phase 2 is ratification by 3/4 of state legislatures or 3/4 of state conventions.
Informal Amendment Process
Changing the meaning of the Constitution without changing the actual words (which requires a formal amendment through Article V process). Examples = Supreme Court opinions, laws, traditions.
Supremacy clause of the Constitution
Makes clear that state laws that conflict with duly enacted federal laws are invalid.
Devolution in the 1980s
The term "devolution revolution" came from the Reagan ideology and is associated with New Federalism. New Federalism, which is characterized by a gradual return of power to the states, was initiated by President Ronald Reagan (1981-1989) with his "devolut
Categorical grants
congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law
Block grants
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services
Formula grants
a type of categorical grant where states and local governments do not apply for a grant but are given funds on the basis of a formula.
Project grants
grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis
Civil liberties and civil rights
Liberties- Individual freedoms guaranteed to the people, mostly by the bill of rights
Rights-Equal treatment under law
Ex Post Facto Laws
laws that declare an action to be illegal after it has been committed
Equal protection and the rule of law
Established equality for all people, no matter their race, color, religion, ideas, gender, sexuality, or creed.
Virginia plan
Proposal to create a strong national government
New Jersey Plan
Proposal to create a weak national government
Immigration reform
Act that prohibits discrimination against job applicants on the basis of national origin or citizenship; establishes penalties for hiring illegal aliens and requires employers to establish each employee's identity and eligibility to work.
Trade reform
Microeconomic reform policy that removes or reduces protection with the aim of improving efficiency, productivty and international competitiveness.
Campaign finance reform
the political effort in the United States to change the involvement of money in politics, primarily in political campaigns.
Welfare reform
a movement to change the federal government's social welfare policy by shifting some of the responsibility to the states and cutting benefits.
First Amendment
5 freedoms: speech, press, religion, assembly, petition
Sixth Amendment
Right to a speedy and public trial
The Exclusionary Rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
Engel v. Vitale case of 1962
Court ruled that it is unconstitutional for state officials to compose an official school prayer and encourage its recitation in public schools.
Jim Crow laws
Laws designed to enforce segregation of blacks from whites
Fifth Amendment
Rights of people accused of crimes
19th Amendment Suffrage extensions
Extensions to all citizens, who are 18 years old or older; no matter their gender, race, sexuality, or religion.
Miranda v. Arizona (1966)
The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.
Second Amendment
Right to bear arms
The first Congress added a Bill of Rights to the original Constitution. The Bill of Rights was added to increase the loyalty of the people. What fundamental worry did the Bill of Rights address?
The Bill of Rights addressed concerns of the Anti Federalists, who feared that people would be taken advantage of by a tyrannical central government because their rights were not clearly stated.
The Lemon Test
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
Free exercise clause and establishment clause
you may practice any religion you want and government may not establish religion
.Tinker v. Des Moines (1969)
Guaranteed a student's right to protest (wearing armbands).
New York Times v. U.S. (1971)
Ruled that in order to exercise restraint, the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger.
Fourth Amendment
Protects against unreasonable search and seizure
Eight Amendment
forbids excessive bail and cruel or unusual punishment
Eminent Domain
Power of a government to take private property for public use.
Tenth Amendment
Amendment stating that the powers not delegated to the federal gov. are reserved to the states
The American with Disabilities Act of 1990
a law passed in 1990 that requires employers and public facilities to make "reasonable accomodations" for people with disabilities and prohibits discrimination against these individuals in employment
Griswold v. Connecticut
Established that there is an implied right to privacy in the U.S. Constitution
Fourteenth Amendment
A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.
Roe v. Wade (1973)
Abortion rights fall within the privacy implied in the 14th amendment
understand when habeas corpus can be suspended?
It can be suspended in times of war and conflict.
The Selective Incorporation Doctrine
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
McDonald v. Chicago (2010)
The Second Amendment right to keep and bear arms for self-defense is applicable to the states
Near v. Minnesota
the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.
Libel
A written defamation of a person's character, reputation, business, or property rights.
Gitlow v. New York (1925)
Supreme Court says the First Amendment applies to states
Due process
fair treatment through the normal judicial system, especially as a citizen's entitlement.
Gideon v. Wainwright (1963)
Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Court's judicial activism in criminal rights.
The Free Exercise Clause
First Amendment requirement that law cannot prevent free exercise of religion
The Civil Rights Act of 1964
This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.
The Twenty-Fourth Amendment, ratified in 1964
prohibited the use of poll taxes in federal elections
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
Due Process Clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law
Plessy v. Ferguson
Separate but equal
Brown v. Board of Education
court found that segregation was a violation of the Equal Protection clause "separate but equal" has no place
Wisconsin v. Yoder
Amish people refused to send their children to school past the 8th grade when the state required public schooling for all children until age16. Result: This law is in conflict with the Free Exercise clause. The statute is in direct conflict with Amish bel
Title IX of the Education Amendments in 1972
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance
Dred Scott v. Sandford
1857 Supreme Court decision that stated that slaves were not citizens; that livig in a free state or territory, even for many years, did not free slaves; and declared the Missouri Compromise unconstitional
Mapp v. Ohio (1961)
Evidence illegally gathered by the police may not be used in a criminal trial
District of Columbia v. Heller (2008)
Citizens have a right to possess firearms at home for self-defense.
New York Times v. Sullivan
To libel a public figure, there must be "actual malice
Sixteenth Amendment
Amendment to the U.S. Constitution that authorized Congress to enact a national income tax.
Eighteenth Amendment
Prohibition Law" declared it illegal to make, transport, or sell alcohol in the United States.
Twenty-One Amendment
Repeal of Prohibition
Twenty-fourth Amendment
Prohibits poll tax in federal elections
Civil Rights Movement
a social movement in the United States during the 1950s and 1960s, in which people organized to demand equal rights for African Americans and other minorities. People worked together to change unfair laws. They gave speeches, marched in the streets, and p
Schenck v. U.S. (1919)
Allows limits to speech based on the "clear and present danger" principle