American Politics and the US Constitution

What were the main ideas of the Virginia Plan?

Bicameral, population based representation, role of national government, can legislate for state and veto state law

Bill of Rights

Collectively, the first ten amendments to the U.S. Constitution, ratified in 1791; they list citizens' civil liberties and civil rights

What does the phrase government is based on the consent of both parties mean

in order for s a social contract to work every party involved has to agree

What are two advantages to federalism

One of the most obvious advantages is the ability of individual states to innovate in the ways that they deal with problems. When one state finds a solution that works better than others, other states will adopt the solution. The national government has even copied parts of state laws when creating a national version. In many ways, states are better able to adapt to local conditions and design programs that work best for their citizens. New York, Texas, and California need legislation to deal with urban issues, while North Dakota and Vermont do not. Farming states need much more agricultural legislation than those with other dominant economic activities. A third advantage for federalism is that the national government can pass a basic program that will cover the country (such as disability payments for those injured on the job), and states can add to the program if they decide to do so. A fourth potential advantage is at the heart of federalism in that power is divided so that it is more difficult for any group or groups to take over control of the government and violate the rights of citizens or some groups of citizens. There is protection against oppression with divided power. Finally, federalism at least provides the opportunity for individuals to participate more in the political system. An individual citizen can interact with both state elected officials and national officials. Elected politicians and other officials at the state level are often easier to contract in part because they are closer to the citizens of the state.

Enumerated Powers

Powers given explicitly to the federal government by the Constitution in Article I, Section 8). The enumerated powers are: to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs.

Inherent Power

Powers of the president or Congress that are neither enumerated nor implied but assumed to exist as a direct result of the country's existence. uch powers include the power to control borders of the state, the power to expand the territory of the state, and the power to defend itself from internal revolution or coups. These powers are not granted to the Congress, or to any other branch of the government for that matter, but they exist because the country exists.

What did John Locke mean when he argued that individuals each have a 'natural right" to life, liberty, and private property

"Natural" refers to the fact that these are inherent to our existence and, therefore, a part of us. "Rights" means that we are free to exercise them without needing the permission of others

What were the Federalist Papers?

* A series of 85 articles written to convince people to ratify the constitution. Explains how the constitution is supposed to work. Published in the New York newspapers

What were four major weaknesses of the Articles of Confederation (A of C)?

-1. Unanimous consent of the states to amend the A of C - 2. Lack of national military (depended on the individual states to agree and send troops) - 3. No power to impose and collect taxes (relied on the states to provide funds in relation to the amount of land in its boarders) - 4. Inability to regulate trade (Britain was able to make trade agreements with individual states at low rates making citizens buy British rather than American made products) - 5. each state was represented by one vote regardless of size. - 6. No national judicial system

Powers under the Articles of Confederation

-Power to borrow and coin money-Power to Declare War- Power to make treaties and alliances with other Nations - Power to regulate trade with the Native Americans - Power to settle disputes among other States

What is the power of advice and consent?

A Constitutional power, stating that presidential nominations for executive and judicial posts take effect only when confirmed by the Senate. Also, foreign treaties treaties become official only when the Senate approves them by a two-thirds vote. The Senate does not ratify treaties. Instead, the Senate takes up a resolution of ratification, by which the Senate formally gives its advice and consent, empowering the president to proceed with ratification. The Senate of the First Congress set the precedent for how it would handle treaty consideration.

political ideologies

A coherent philosophy about the structure, power, and purpose of government. American political ideologies include progressive, liberal, moderate, independent, conservative, and libertarian

Direct Democracy

A form of democracy where people participate personally in making government decisions instead of choosing representatives to do this for them

A Federal System

A form of government in which power is divided between state governments and a national government.

How does the Bill of Rights protect natural rights

A lawmaking body in the legislative branch that consists of two separate chambers or two separately elected groups of officials, such as Senators and Representatives, like the Virginia Plan. Bi, meaning "two," and camera, meaning "chamber," are from Latin.

bicameral legislature

A lawmaking body in the legislative branch that consists of two separate chambers or two separately elected groups of officials, such as Senators and Representatives, like the Virginia Plan. Bi, meaning "two," and camera, meaning "chamber," are from Latin.

Budget Resolution

A plan for government will receive in revenue and spend over the next fiscal year, including a set of budget priorities and discretionary spending limits.

New Jersey Plan

A plan proposed by the representatives of New Jersey at the Constitutional Convention that called for a one-house national legislature in which each state would have one vote.

Virginia Plan

A plan proposed by the representatives of Virginia at the Constitutional Convention for a two-house (that is, bicameral) legislature, wherein the number of a state's representatives in each chamber would be based on the state's population

Filibuster

A political procedure conducted by a legislator (in the United States, a senator) to delay or prevent debate on a proposal, usually by holding the floor and speaking continuously, refusing to yield. To break a filibuster, three-fifths of senators (60/100) present must vote to end it (cloture).

Implied Power

A power not expressly defined in the Constitution but permitted to Congress through a loose interpretation of the Necessary and Proper clause. Laws that regulate businesses, establish a minimum wage, and allow for the construction and maintenance of interstate highways are all possible because of the implied powers

Social Contract

A powerful, foundational agreement between people and their government in which citizens consent to be governed so long as the government protects their natural rights.

What does "social contract theory" generally assert about the relationship between government and the people in a society

A powerful, foundational agreement between people and their government in which citizens consent to be governed so long as the government protects their natural rights.

impeachment

A process for removing government officials suspected of "high crimes and misdemeanors," including judges and even the president; impeachment requires a majority vote in the House of Representatives on articles of impeachment and then the support of two-thirds of the Senate for conviction and removal.

The Federalist Papers

A series of 85 essays written and published by several of the Founding Fathers—Alexander Hamilton, James Madison, and John Jay—in 1787-88, in favor of ratifying the newly written Constitution.

Republic

A system of government in which political power is held by the people through their ability to elect representatives who make laws on their behalf

State of Nature

A theory on how people might have lived before societies came into existence

executive orders:

A written direction to a government agency issued by a president in the absence of congressional action to pursue a particular course of action. Generally, such an order changes an existing law and can be subject to challenge through the courts.

Sovereignty

Ability of a state to govern its territory free from control of its internal affairs by other states.

What is a faction?

Also called an interest group, this is a group of people who gather to petition government for their special concern.

What was the Great Compromise (also known as the Connecticut Compromise) and what were its main ideas?

Also known as the Connecticut Compromise, this was a 1787 agreement that created a bicameral legislature in the new United States, with representation based on population in the House of Representatives and equal representation of states in the Senate.

Supermajority

Also referred to as an absolute majority, this is any number greater than 50%.

bill of attainder

An act of a legislature, such as Congress, declaring a person guilty of a crime and levying a punishment, without a trial. The U.S. Constitution prohibits Congress from passing any bills of attainder.

Reserved Powers

Any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government as outlined in the Tenth Amendment.

What is meant by Congress "power of the purse"

Congress's budget authority grants them the "power of the purse" which means they have a great deal of influence on all areas of federal policy through their monetary decisions. But the "power of the purse" is vitally important in all areas of federal policy. Under the Constitution, Congress alone is given the authority to draw from the Treasury of the United States or to borrow on the credit of the United States.

Describe Shay's Rebellion (western Massachusetts 1786-1787

Daniel Shays and his followers were impoverished debtors who planned to march on Boston to seek relief for their debts, and as the rebel farmers gathered weapons, the nation's political elites were unable to quell the rebellion

What was the Three-Fifths Compromise

During the creation of the U.S. Constitution, an agreement made between Northern and Southern states that called for counting of all a state's free population and 60 percent of its slave population for the twin purposes of federal taxation and representation in Congress.

What power was the National Government lacking in the Articles of Confederation?

Enforcement: For example, only the states had the power to implement laws. Only the states could implement taxes, thus forcing the national government to ask them for money to cover any debts. In addition, even though the national government had the power to declare war, there was no national army. They were dependent upon the states to supply enough soldiers to mount an effective attack.

Checks and Balances

Extra constitutional powers that allow each branch of government to limit the exercise of power of the other two branches or approve their actions. This system requires different parts of government to work together and find agreement in order to accomplish new official actions.

checks and balances:

Extra constitutional powers that allow each branch of government to limit the exercise of power of the other two branches or approve their actions. This system requires different parts of government to work together and find agreement in order to accomplish new official actions.

What were the Articles of Confederation

First attempt at structing the government of the United States

Administrative Agencies

Government organizations created by Congress to enforce laws, policies, and government programs. Administrative agencies are organized under the president in the executive branch and collectively employ millions of federal workers.

What did pro-slavery states hope to gain by seeking to count their enslaved population in the population census

Greater representation

What did Montesquieu recommend in 'Spirit of the Laws' (1748) regarding the division of political power in society

He argues for a separation of powers: legislative, executive, and judicial. Each will serve as a check on the power of the other, limiting the harm each might do.

Any bill that deals with raising revenue (taxing) and spending must begin in which chamber of Congress, House or Senate?

House of Representatives

discretionary spending:

In the context of the U.S. budget, pending that can be altered from year to year through the congressional appropriations process, including spending on scientific research, housing assistance, veterans' health care, education, and transportation.

What is the Interstate Commerce Clause

It gives the Congress power to make laws for businesses that operate in more than one state.

What was the Age of Enlightenment period (late 1600s-early 1800s)

It was a time that redefined human existence in such a way that it transitioned the political and religious absolutism of the Middle Ages to an existence more compatible with human individuality and liberty. From it come our beliefs about individualism, equality, liberty, rights of property, and freedom of religion. The Enlightenment also gives us government by consent, representative democracy, and constitutionalism. Indeed, these ideas became central to the formation of an American political identity.

The Declaration of Independence is largely an expression of the focus on liberty/freedom of the people discussed by which Enlightenment-era philosopher

John Locke

Impeachment

Legislative process for removing government officials suspected of "high crimes and misdemeanors," including judges and even the president; impeachment requires a majority vote in the House of Representatives on articles of impeachment and then the support of two-thirds of the Senate for conviction and removal.

According to the Declaration of Independence , government should protect which natural rights?

Liberty and property

Habieas Corpus

Meaning, in Latin, "show me the body," this is the right for a jailed citizen to appear before a judge to hear about a criminal charge. Habeus corpus prohibits imprisoning people without due process of law.

The last four states to ratify the Constitution were Virginia, New York, North Carolina and ...

Rhode Island

The US constitution established a national government around what three main principles?

Separation of Powers, Checks and Balances, and A Federal System

What did the Federalists think about the proposed Constitution and the power of the national government? Why?

Supported the new constitution, They tended to be among the elite members of society—wealthy and well-educated landowners, businessmen, and former military commanders—who believed a strong government would be better for both national defense and economic growth. A national currency, which the federal government had the power to create, would ease business transactions. The ability of the federal government to regulate trade and place tariffs on imports would protect merchants from foreign competition. Furthermore, the power to collect taxes would allow the national government to fund internal improvements like roads, which would also help businessmen. Support for the Federalists was especially strong in New England

What is the Necessary and Proper Clause (Elastic Clause) and how is it connected to the concept of implied powers

The "Necessary and Proper Cause," also known as the Elastic Clause, directs Congress "to make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

How was power divided between the state and national governments under the Articles of Confederation?

The Confederation Congress, formerly the Continental Congress, had the authority to exchange ambassadors and make treaties with foreign governments and Indian tribes, declare war, coin currency and borrow money, and settle disputes between states. Each state legislature appointed delegates to the Congress; these men could be recalled at any time. Regardless of its size or the number of delegates it chose to send, each state would have only one vote. Delegates could serve for no more than three consecutive years, lest a class of elite professional politicians develop. The nation would have no independent chief executive or judiciary. Nine votes were required before the central government could act, and the Articles of Confederation could be changed only by unanimous approval of all 13 states.

Line-item veto

The ability of an executive to reject specific portions of a piece of legislation rather than reject the entire bill. In the United States, most governors have this power, but the power of line-item vetoes for the president has been ruled unconstitutional by the Supreme Court.

Ratification

The action of signing or otherwise officially approving a treaty, contract, or agreement, making it legally valid

Separation of Powers

The division of a government's powers among three separate branches of government, managed by different groups of people. In the United States, the three branches of government are legislative, executive, and judicial.

What is the main role of the Executive branch?

The executive branch consists of the president, the vice president, and the bureaucracy (the agencies that carry out the programs of the national government). The Constitution requires that the president will faithfully execute the laws of the land. The requirement that the president would faithfully execute the laws passed by Congress led to the use of the term executive branch for the government.

Articles of Confederation

The first attempt at organizing the government of the United States, consisting of a unicameral (one-chamber) Congress. Did not permit Congress to tax, regulate foreign or interstate commerce, or enforce its laws. The Articles of Confederation failed as it formed an alliance of sovereign state governments with too weak a national government.

What is the main role of the Judicial branch?

The judicial branch was designed to be relatively independent and separate from the other branches. The courts have the power of judicial review, which permits them to overturn laws passed by Congress and actions of the president, or others in the executive branch, that conflict with the Constitution.

Declaration of Independence

The original document, authored principally by Thomas Jefferson, that "birthed" the United States and started the Revolutionary War. It lists important natural rights and grievances against the King of England, as well as declaring independence

Popular Vote

The outcome of a democratic election in which all qualified voters are eligible to participate and the winner is the person who receives the largest number of individual votes.

Veto

The power of a president to reject a law passed by Congress. Veto is a Latin term meaning "I forbid."

How do the three branches "check and balance" each other? give two examples

The president or his people can negotiate treaties, but they are subject to approval by two-thirds of the Senate.

Due Process

The requirement that government, when dealing with people, have in place a fair procedure which it applies equally to all

Oversight

The right and responsibility of one body or branch of government to review and monitor other bodies; for example, Congress oversees federal agencies and programs which are managed by the executive branch.

What are natural rights?

The right to life, liberty, and property; believed to be given by God; no government may take away

what are two disadvantages to federalism

There is no doubt that federalism can be inefficient since it requires coordination and cooperation between the national government and the state governments. Even when the governments are willing to cooperate, there will be costs involved. However, when one or the other is unwilling, the inefficiencies increase. There can also be difficulties when actions in one state cause problems in neighboring states (as could happen if a river is polluted upstream). Voters are less willing to pay to avoid problems when the negative consequences occur in another state. Inefficiency appears in another way. All 50 states have to have a department of education, a transportation department, a bureau to administer Medicaid and unemployment benefits, and a host of other jobs. This duplication of effort can be costly, especially in the smaller states. Unitary states can use regional offices for some of these programs. Finally, in a federal system, not all U.S. citizens are treated the same. Some have access to better educational facilities. College tuition can be cheaper. Others have better highway systems or more public medical care. In addition, richer states can afford to provide more services to their citizens than poorer states. Since not everyone can move to another state, the inequalities among systems will persist.

Why was the power to declare war given to Congress rather than the President?

This power was given to Congress rather than the president to ensure that the people's representatives had a say.

The Declaration of Independence was written in 1776 by who?

Thomas Jefferson

What was the main argument expressed Federalist Paper #10

To explain that the effects of factions would be minimized by the a representative government

Describe the structure of the U.S. national government under the Articles of Confederation

Under the Articles of Confederation, there was a unicameral congress, or one chamber known as the Confederation Congress. There were no executive or judicial branches as we know them today. This one-chamber congress had very specific functions in order to make sure that the national government did not have too much power and that the power of the states remained protected

What were the main ideas of the New Jersey Plan

Unicameral, state based representation (each state equally represented), Role of national government, defense but does not override the state authority

Committees

a small set of representatives tasked with considering, researching, introducing, and investigating particular policy areas.

According to the social contract, government is based on the consent of the ...

both parties

How does the constitution embody Montesquieu's ideas and principles about proper government

by separating the legislative, executive, and judicial power, placing each into the different hands of political actors

What was the main argument expressed in Federalist Paper #51

explaining how the mechanisms of checks and balances and separation of powers would prevent the national government from abusing its increased power and authority. Madison provided his arguments for why increasing the powers of the national government would not lead to an automatic abuse of power due to separation of powers and checks and balances.

Why are there tensions between the ideas of federal supremacy and state sovereignty?

fear of a government that is too powerful and a fear of lack cooperation from the states resulting in lack of funding for government officials and lack of funding for a national military

What did the Anti-Federalists think about the proposed Constitution and the power of the national government? Why?

feared the power of the national government and believed state legislatures, with which they had more contact, could better protect their freedoms. Related to these concerns were fears that the strong central government for which the Federalists advocated would levy taxes on farmers and planters who lacked the hard currency needed to pay. The Constitution contained no provisions for government support of churches or of religious education, and Article VI explicitly forbade the use of religious tests to determine eligibility for public office. This caused many, like Henry Abbot of North Carolina, to fear that government would be placed in the hands of "pagans . . . and Mahometans [Muslims]

How does democracy permit an on-going renegotiation of the social contract?

it is controlled bottom up by an general agreement/consensus of the people involved

What was Locke's view on human existence in an imagined "state of nature"

its inconvenient

What is the main role of the Legislative branch?

legislative branch in Article I. There was a Congress composed of the Senate and the House of Representatives, which served as the principal lawmaking body. Laws would originate in the Congress, but Congress would not have the power to carry out the laws for the country. It also would not be able to assume the right of convicting individuals of crimes. Only Congress would have the power to declare war on foreign countries. The Constitution also gave Congress a potential role in the selection of the president.

What fundamental natural rights do people have according to John Locke

liberty and property

Does the Constitution emphasize the protection of natural right, Yes or No, Why or Why not?

no, The Constitution is more interested in the practicalities of government than in the protection of natural rights. Thus, it follows those ideas of the Enlightenment, which advocated for a more arm's length approach to democracy.

Enumerated power

power specifically given Congress in the Constitution. Article I, Section 8, of the U.S. Constitution details the enumerated powers of the legislature. These include the power to levy and collect taxes, declare war, raise an army and navy, coin money, borrow money, regulate commerce among the states and with foreign nations, establish federal courts and bankruptcy rules, establish rules for immigration and naturalization, and issue patents and copyrights.

what fundamental natural rights do people have according to Thomas Hobbs

right to life

separation of powers:

separation of powers: The division of a government's powers among three separate branches of government, managed by different groups of people. In the United States, the three branches of government are legislative, executive, and judicial

Pork-Barrel Spending

spending on often unnecessary local projects that benefit a specific member of Congress's district or state

How was Shay's Rebellion an example of the weakness of the national government?

the states under the Articles lacked the requisite force to put down insurrections and civil violence