Ch 3-6 (foundations of american government)

reserved powers

are those powers kept by the states. Reserved powers allow states to set marriage and divorce laws, issue driver's licences, and establish public schools, among many other things. Day to day things is usually carried by the states.

implied powers

are those that the legislature can claim as part of its lawmaking responsibility. This claim to implied powers stems from Clause 18 of Section 8, which says that Congress can "make all laws which shall be necessary and proper" for carrying out its duties.

John Locke (views of government)

(1632-1704) was an english political theorist and philosopher whose ideas helped lay the foundation for democratic government. Unlike Hobbes, Locke believed that people formed governments to protect their rights, not to save them from themselves. "The end purpose of a law is not to abolish or restrain...but to preserve and enlarge freedom."

Great Compromise

1787; This compromise was between the large and small states of the colonies. The Great Compromise resolved that there would be representation by population in the House of Representatives, and equal representation would exist in the Senate. Each state, regardless of size, would have 2 senators. All tax bills and revenues would originate in the House. This compromise combined the needs of both large and small states and formed a fair and sensible resolution to their problems.

Articles of Confederation and flaws

1st Constitution of the U.S. 1781-1788 (flaws-no executive, no judicial, no power to tax, no power to regulate trade)

Aristotle

A Greek Philosopher, taught Alexander the Great, started a famous school, studied with Plato, revered as the father of political science, thought deeply about who should have the power to rule. He was motivated by an interest in ethics, or proper conduct. This led him to an examination of many possible forms of government. He categorized governments along two lines, one being how many people were involved in governing, 1 powerful ruler, a few upper-class aristocrats, or the mass of common people. The second line was their motivation in making decisions. Ideal rulers, he said, cared about the common good. Corrupt rulers, in contrast, cared only about advancing their own selfish interests.

Popular Sovereignty

A belief that ultimate power resides in the people. "Rule by the people."

The Constitution

A document which spells out the principles by which a government runs and the fundamental laws that govern a society

Limited Government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

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

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

Declaration of Independence (social contract)

The Social Contract is the agreement between the government and its citizens, and defines the rights of each party. The Social Contract states that "rational people" should believe in organized government. The idea of this influenced the writers of the Declaration Of Independence. Rousseau wrote it and he stated that the government should be based on the will of people.

Declaration of Independence (natural rights)

The first section stresses the idea of rights that belong to all people from birth, those natural rights are life, liberty, and the pursuit of happiness, Locke says that the most important natural rights are life, liberty, and property.

Bill of Rights

The first ten amendments to the Constitution

expressed powers

Those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the "enumerated powers." The powers given specifically to the national government by the U.S. constitution.

strict v. liberal constructionist

one who argues a narrow interpretation of the Constitution's provisions, in particular those granting powers to the Federal Government

Magna Carta

or the "great charter"-was signed by King John in 1215. A charter is a written grant of authority. The Magna Carta was forced on the king by english nobles (its people.) who were angered by the heavy taxes and arbitrary rules imposed by their monarch (king.) The Magna Carta defined the rights and duties of english nobles and set limits on the kings powers.

inherent powers

powers claimed by a president that are not expressed in the Constitution but are inferred from it

Amendment Process

step 1: amendment proposed by 2/3 vote of both houses of congress OR a constitutional convention called by congress on petition of 2/3 out of 50 states. THEN amendment ratified by 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states THEN the new amendment!

3/5 Compromise

the decision at the Constitutional convention to count slaves as 3/5 of a person for the purpose of deciding the population and determining how many seats each state would have in Congress