Unit 1 Constitutional Foundations: How the U.S. Built a System to Govern Itself

Enlightenment

European intellectual movement emphasizing reason and questioning traditional authority; its ideas shaped U.S. views on rights, legitimacy, and constitutional design.

Natural rights

Rights people possess simply because they are human (not granted by government), often described as life, liberty, and property/pursuit of happiness.

John Locke

Enlightenment philosopher associated with natural rights and the idea that government exists to protect those rights, supporting limited government.

Social contract theory

The idea that legitimate government is based on an agreement among the people to create a government and obey its rules in exchange for protection of rights and public order.

Consent of the governed

Principle that political authority is legitimate only if it ultimately comes from the people (e.g., through elections and the ability to change laws/constitutions).

Limited government

Government power is constrained by a constitution, rights, and procedures; “limited” refers to legal restraints, not necessarily the size of government.

Rule of law

Principle that everyone—including government officials—must follow the law, which is applied through established procedures rather than personal whim.

Separation of powers

Constitutional division of government authority among legislative, executive, and judicial branches to prevent concentration of power and protect liberty.

Checks and balances

System in which each branch has tools to limit the others (e.g., veto, confirmations, impeachment, judicial review) so no branch dominates.

Popular sovereignty

Principle that the people are the ultimate source of government authority (signaled by “We the People”).

Republicanism (representative democracy)

System in which citizens govern indirectly by electing representatives to make policy decisions, rather than voting directly on laws.

Direct democracy

System in which citizens vote directly on laws and policies; in the U.S. it is most common at state and local levels, not federal policymaking.

Initiative / Referendum / Recall

State-level direct democracy mechanisms: initiatives propose laws by citizen petition, referenda allow voters to approve/reject laws, and recalls remove elected officials before their terms end (rules vary by state).

Participatory democracy

Model arguing broad participation by ordinary citizens is essential to legitimate and effective government; supports lowering barriers to participation and civic engagement.

Pluralist democracy

Model arguing politics is mainly competition among multiple interest groups, with power dispersed across issues and outcomes shaped by bargaining and compromise.

Elite democracy

Model arguing a small number of wealthy or well-connected people have disproportionate influence over policy, even though elections still occur.

Majority rule vs. minority rights

Core democratic tension: majorities can make decisions, but constitutional democracy protects minority rights; U.S. structures (bicameralism, separation of powers, federalism) slow majoritarian action.

Articles of Confederation

America’s first national framework; created a weak national government lacking power to tax, lacking an independent executive and national judiciary, and requiring broad state agreement for major actions.

Shays’ Rebellion

Uprising of indebted farmers in Massachusetts that helped convince leaders the national government needed more power to maintain order, contributing to support for the Constitutional Convention.

Great (Connecticut) Compromise

Convention compromise creating a bicameral Congress: House representation based on population and Senate representation equal for each state.

Three-Fifths Compromise

Convention compromise counting enslaved people as three-fifths of a person for representation and taxation, increasing slaveholding states’ power in national institutions.

Federalism

System dividing power between national and state governments, with both levels exercising authority over individuals; distinct from unitary and confederal systems.

Supremacy Clause

Article VI principle that the Constitution and valid federal laws are the supreme law of the land, overriding conflicting state laws when federal action is constitutional.

Necessary and Proper Clause (implied powers)

Constitutional basis for implied powers allowing Congress to pass laws needed to carry out its enumerated powers; central to arguments expanding national authority.

Judicial review (Marbury v. Madison)

Power of courts to declare laws or executive actions unconstitutional; established in Marbury v. Madison (1803) and used to enforce limited government.