US History: Enlightenment and Constitution

The idea that individuals have inherent rights that are not given by a government but are essential for human dignity. This principle is central to Locke's philosophy and is linked to the belief that governments are formed to protect these rights, not to bestow them.

The division of governmental powers into three branches: legislative (makes laws), executive (enforces laws), and judicial (interprets laws). This principle aims to prevent any one branch from becoming too powerful and to ensure checks and balances.

The principle that governments derive their legitimacy from the consent of the governed. This means that a government should be based on the will of the people and that citizens have the right to participate in their own governance.

A system of structured rules and procedures that apply equally to all individuals and institutions, ensuring fairness and predictability in the application of the law. It helps ensure that power is exercised within established limits.

The idea that the majority of citizens should have the power to make decisions in a democracy. However, it's important to note that majority rule is not absolute and must be balanced with protecting minority rights.

The power of the federal government to regulate commerce between states and with foreign nations. This clause is central to the expansion of federal power throughout American history.

The principle that the federal government has the power to make laws that are necessary and proper for carrying out its enumerated powers. This clause is often used to justify the expansion of federal power despite not being explicitly listed in the Constitution.

The Articles of Confederation was a weak document that provided a weak central government, while the Constitution created a stronger national government with more powers to regulate commerce, raise taxes, and enforce laws.

The 24th Amendment (1964) eliminated poll taxes, which were used to disenfranchise primarily poor voters.

Executive agreements are agreements made between the President and a foreign leader without Senate approval. This highlights the President's power to act independently in foreign relations.

After a constitutional amendment is proposed by Congress, it must be ratified by three-fourths (3/4) of the state legislatures.

The Supremacy Clause establishes that federal law is superior to state law in cases of conflict.

Divided government occurs when the President is from one party while one or both houses of Congress are controlled by the opposing party.

In McCulloch v. Maryland (1819), the Supreme Court upheld the Necessary and Proper Clause, giving Congress implied powers beyond those explicitly listed in the Constitution.

The Necessary and Proper Clause, also known as the Elastic Clause, allows Congress to create laws to carry out its expressed powers even if those powers aren't explicitly mentioned in the Constitution.

The Necessary and Proper Clause expanded the power of the federal government. By granting Congress implied powers, it allows the federal government to adapt to changing circumstances and address issues not explicitly mentioned in the Constitution.

In Marbury v. Madison (1803), the Supreme Court established the principle of judicial review, which gives the Court the power to declare laws unconstitutional.

The Necessary and Proper Clause (A) and the Tenth Amendment (B) represent a fundamental tension between federal and state power. The Necessary and Proper Clause enhances federal power while the Tenth Amendment reinforces state power.

The Supreme Court ruled that the state of Maryland could not tax the Bank of the United States, which impacted the balance of power between the national government and the states. The decision strengthened the national government's authority and its ability to establish institutions necessary for its operations.

The Constitution gives Congress the power to set up a national banking system, which is a fundamental part of the national government's ability to control money and regulate the economy.

The federal government and state governments are not equal. The federal government has a stronger position, and its laws take precedence when they conflict with state laws.

The Supreme Court ruling in Maryland v. McCulloch limits the power of states to tax institutions created by the national government. This helps to ensure that the federal government can effectively carry out its constitutional functions without undue interference from the states.

The idea that including specific rights in the Constitution might imply that other, unlisted rights are not protected. Hamilton argued that the Constitution already protected individual liberties through its limited powers, and listing specific rights could create a false impression that the government had broader powers than it actually does.

The belief that the Constitution should be interpreted based on the original intentions of its framers. Originalists argue that the Constitution's meaning should be determined by what the founders understood it to mean at the time of its adoption.

The principle of dividing power among different branches of government (legislative, executive, and judicial) to prevent any one branch from becoming too powerful. This system ensures checks and balances, with each branch having the power to limit or influence the actions of the others.

The principle of dividing governmental powers between a national government and state governments. This system ensures a balance of authority and prevents either level of government from becoming too dominant.

The right of the President to withhold information from Congress or the courts based on national security concerns or confidentiality of executive deliberations. This privilege is seen as necessary for effective governance, but its limits are subject to legal challenges and debates.

The power of the Supreme Court to declare laws or actions of the government unconstitutional. This authority is not explicitly mentioned in the Constitution, but it was established in the landmark case Marbury v. Madison (1803) and is a cornerstone of American jurisprudence.

The principle that the Constitution, federal laws, and treaties are the supreme law of the land and take precedence over any state laws or actions that conflict with them. This provision establishes the national government's authority over the states.

The system of having two legislative chambers; in the United States, the House of Representatives and the Senate. This division of power within the legislative branch provides further checks and balances, with each chamber having distinct powers and responsibilities.

The 17th Amendment, ratified in 1913, changed the method of electing senators from being chosen by state legislatures to being directly elected by the people. This amendment significantly increased voter empowerment and influence in the Senate, making it more directly accountable to the public.

Madison argued for a strong representative system as a key factor in preventing factions from gaining excessive power. He believed that a large and diverse republic would ensure that no single faction could dominate and that elected representatives, tasked with representing the interests of the whole nation, would not be susceptible to the influence of any particular special interest.