Democratic Ideals
The idea that all people have certain rights that cannot be taken away
Natural Rights
This document listed grievances against Great Britain and argued that if a government does not protect the people's natural rights, the people have the right/duty to change their government
Declaration of Independence
Amendment that gives the national government the power to enforce protections for any person against the states
The Due Process and Equal Protection Clauses of the Fourteenth Amendment
Powers that are shared between both levels of government such as the power to collect taxes, the power to make and enforce laws and the power to build roads
Concurrent Powers
This case led to the establishment of Judicial Review.
Marbury v. Madison (1803)
This type of democracy emphasizes broad participation in politics and civil society
Participatory Democracy
The first governing document of the United States that created a weak federal government with more power to the states.
Articles of Confederation
What is required to amend of the Constitution?
Two-thirds supermajority vote in both the House and the Senate.
national funding with minimal restrictions to the states on its use and is preferred by the states
Block grants
Issue: Did Congress have the authority under the Constitution to commission a national bank? If so, did the state of state have the authority to tax a branch of the national bank operating within its borders?
McCulloch v. Maryland (1819)
an implicit agreement among the people in a society to give up some freedoms to maintain social order
The social contract
Argues that a large republic will help control factions because when more representatives are elected, there will be a greater number of opinions. Therefore, it is far less likely that there will be one majority oppressing the rest of the people.
Federalist No. 10
Constitutional compromise which created a dual (bicameral) system of congressional representation with the House of Representatives based on each state’s population and the Senate representing each state equally
The Great (Connecticut) Compromise
national funding that is restricted to specific categories of expenditures, is preferred by the national government, and is the most commonly used form of funding
Categorical grants
Decision: The Supreme Court ruled that the law exceeded Congress’ authority under the Commerce Clause because carrying a gun in a school zone is not an economic activity.
United States v. Lopez (1995)
The idea that all government power comes from the consent of its people
Popular Sovereignty
Argues that the immense power of the federal government, especially Congress and Elastic Clause, requires the people to sacrifice their liberties, which is BADDD!!
Brutus 1
Powers not delegated or enumerated to the national government but kept by the states, as stated in the Tenth Amendment.
Reserved Powers
gives the national government and its laws general precedence over states’ laws, but Supreme Court interpretations may affect when specific actions exceed this constitutional power.
The Supremacy Clause
Decision: The Supreme Court determined that Congress did have the power under the Constitution to create a national bank through the Necessary and Proper Clause.
McCulloch v. Maryland (1819)
This type of democracy emphasizes group-based activism by nongovernmental interests striving for impact on political decision making
Pluralist democracy
Proposes that each branch should be separate and self-sufficient (separation of powers), but each should have some kind of power over the other in order for them to keep each other from taking over the government. (Checks & Balances)
Federalist No. 51
Powers not specifically written in the Constitution but inferred from the Necessary and Proper Clause.
Implied powers
Law that fundamentally altered and expanded the federal government’s role in education. The centerpiece of the law was the requirement that states, as a condition of accepting federal funds, establish academic standards to guide their curricula and adopt a testing regime that was aligned with those standards.
No Child Left Behind Act: (2001)
Issue: Did Congress have the power to pass the Gun-Free School Zones Act?
United States v. Lopez (1995)