Chapter 1
Natural Rights
The idea that all people have a right to life, liberty, and property and the government cannot take that away.
What is the difference between the Virginia and New Jersey plans?
Virginia = representation based on population
New Jersey = representation is equal amongst the states
Lead to the Great Compromise - mixture of House & Senate
Enumerated Powers
Powers that are explicitly granted to the national government in the Constitution
In McCulloch v. Maryland, what did the National Government attempt to create in the state of Maryland?
A Bank.
What is Madison's biggest concern in Federalist 10?
Factions
Separation of Powers
The splitting of powers into three branches: Legislative, Executive, and Judicial
Faction
A group of self-interested people who use the government to get what they want, trampling the rights of others in the process
Federalism
A system of power that divides power between state and national governments
In McCulloch v. Maryland, what did Maryland try to do to drive the bank out of business?
Taxed it.
What rights are we guaranteed in the Declaration of Independence? What do we do if the government limits those rights?
1. Life, Liberty, Pursuit of Happiness
2. Get rid of the government - create a new form of government.
What are the differences between participatory, pluralist and elitist forms of democracy?
Participatory - People have the most power in a democracy, encourage people to get involved.
Pluralist - Groups have the most power in democracy, and will compete against each other for influence.
Elitist - The rich/powerful have the most power in democracy, and will disregard common citizens.
Supremacy Clause
Constitutional provision declaring the Constitution and all national laws are the supreme laws of the land... aka above the state governments
10th Amendment
Any powers not delegated to the national government belong to the states and people
In United States v. Lopez, what did Lopez do that got him in trouble at school? What law was Lopez prosecuted using?
1. Brought a gun to school to sell it
2. Gun-Free School Zone Act of 1990
What were at least two problems within the Articles of Confederation?
1. States too strong, national government too weak
2. No national taxing in place - states weren't paying
3. Unicameral legislature - each state one vote
4. No President or Chief Executive
5. All 13 states had to agree to changes to amend
What is the difference between politics and government?
Politics is the action of you influencing the government.
Government is made up of the rules and institutions that address policy making.
Necessary & Proper or Elastic Clause
Bonus points for identifying where it is in the Constitution...
Article 1, Section 8 - Grants Congress the ability to use powers that are necessary and proper to carry out its enumerated or given powers.
What is the difference between a categorical grant and block grant?
Categorical: Specific Provisions on use
Block: States choose how they use it
In McCulloch v. Maryland, did the national government or state government get more power as a result of the ruling?
National Government
In Federalist 70, what are two things that Hamilton states about the executive?
1. Energetic - can make quick decisions
2. President should serve for a lifetime term
3. The president can be checked by other branches
4. President will receive a salary, and that will prevent corruption and attract honest people to office
Popular Sovereignty
The idea that the government gets its power from the people
Writ Habeas Corpus
Right of the people to know what charges are filed against them.
What is the difference between dual and cooperative federalism?
Dual: The national government and state governments operate independently of one another
Cooperative: States and the national government work together to shape public policy
In United States v. Lopez, did the national government or state government get more power as a result of the decision?
State Government
In the Constitution, what does Article 1 address? Article 2? Article 3?
1. Legislative Branch
2. Executive Branch
3. Judicial Branch
Social Contract
People will allow the government to rule over them in order to allow for life in an orderly society
Ex Post Facto Laws
Laws punishing people for acts that were not crimes at the time they were committed
Full Faith & Credit Clause
A clause that requires states to recognize public acts, records, and civil court proceedings from another state.
In United States v. Lopez, what two Constitutional clauses were used to make a ruling?
Commerce Clause & Necessary and Proper Clause
In Federalist 10, Madison addresses factions. What is his solution for addressing factions?
1. Large Republic with differing opinions throughout that keep one group from control
Civil Society Groups
Independent associations outside of the governments control
Bills of Attainder
When you are declared guilty without a trial
14th Amendment: What is the primary focus?
1. You need to be treated equally under the laws of the United States.
What two Constitutional clauses were addressed in McCulloch v. Maryland?
1. Supremacy Clause
2. Necessary & Proper Clause
List at LEAST two fears that Brutus has about the new Constitution being developed.
1. Necessary & Proper Clause is too powerful
2. Congress has too much power(Taxing, Army, etc.)
3. We're too big to be governed by a Constitution
4. Need a Bill of Rights (not in original Constitution)
5. Federal Government too powerful - will destroy individual liberty
6. Judicial Branch will become too powerful and make the US tyrannical