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Advantages of federalism
Encourages policy innovation, accommodates diversity, and limits centralized power
Laboratories of democracy
States experimenting with policies that can later be adopted nationally
Disadvantages of federalism
Policy inconsistency, unequal rights, and intergovernmental conflict
States’ rights
Principle emphasizing state authority over federal power
New federalism
Effort to return power to the states through block grants and reduced federal regulation
Devolution
Transfer of power from the national government to state governments
Dual federalism
Layer-cake federalism with clear divisions between state and federal responsibilities
Cooperative federalism
Marble-cake federalism with shared responsibilities and cooperation
Grants-in-aid
Federal funds given to states to influence policy
Categorical grants
Federal grants with specific conditions and purposes
Block grants
Federal grants with broad purposes and fewer restrictions
Mandates
Federal rules states must follow, with or without funding
Enumerated powers
Powers explicitly listed in the Constitution
Implied powers
Powers not stated but inferred from enumerated powers
Necessary and Proper Clause
Clause allowing Congress to make laws needed to carry out its powers
Supremacy Clause
Clause establishing the Constitution and federal law as supreme over state laws
McCulloch v. Maryland (1819)
Supreme Court case affirming implied powers and prohibiting states from taxing federal institutions
Commerce Clause
Power of Congress to regulate interstate commerce
Gibbons v. Ogden (1825)
Case expanding federal power over interstate commerce
U.S. v. Lopez (1995)
Case limiting Congress’s commerce clause power
10th Amendment
Amendment reserving powers not given to the federal government to the states
14th Amendment
Amendment guaranteeing equal protection and applying the Bill of Rights to the states
Full faith and credit clause
Requirement that states honor the laws and court decisions of other states
Privileges and immunities clause
Prohibition on states discriminating against citizens of other states
Extradition
Requirement that states return fugitives to the state where the crime was committed
Federalism
Division of power between national and state governments
Unitary system
System in which power is concentrated in the national government
Confederacy
System in which states retain sovereignty and delegate limited powers to a central authority
Delegated powers
Powers given explicitly to the federal government
Reserved powers
Powers not delegated to the federal government and reserved to the states
Concurrent powers
Powers shared by federal and state governments
Dynamic federalism
Evolving relationship between federal and state governments over time
Separation of powers
Division of government power among legislative, executive, and judicial branches
Checks and balances
System allowing each branch to limit the powers of the others
Federalist No. 51
Madison’s argument supporting separation of powers to prevent tyranny
Writ of habeas corpus
Protection against unlawful imprisonment requiring a person be brought before a judge
Bill of attainder
A law declaring someone guilty without a trial
Ex post facto law
A law criminalizing an act after it was committed
Articles of Confederation
The first U.S. constitution creating a weak national government
Key features of the Articles of Confederation
State sovereignty, unicameral legislature, no executive or judicial branch, unanimous consent to amend
Congress powers under the Articles
Declare war, make treaties, coin money, borrow money, appoint military officers
Congress weaknesses under the Articles
No power to tax, regulate commerce, or enforce laws
State powers under the Articles
Coin money, tax citizens, refuse federal treaties
Shays’ Rebellion
An armed uprising of farmers that exposed weaknesses of the Articles and led to calls for reform
Constitutional Convention
1787 meeting to revise the Articles that resulted in a new Constitution
Virginia Plan
Proposal for a strong national government with representation based on population
New Jersey Plan
Proposal for equal representation for each state in a unicameral legislature
Great Compromise
Agreement establishing a bicameral legislature with population-based House and equal Senate
Bicameral legislature
A two-house legislature
Electoral College
System in which electors chosen by voters formally elect the president
Three-Fifths Compromise
Agreement counting three out of five enslaved people for representation and taxation
Compromise on the slave trade
Agreement preventing Congress from banning the slave trade until 1808
Amendment process
Procedures for proposing and ratifying amendments to the Constitution
Anti-Federalists
Opponents of the Constitution who favored strong state governments and weak national government
Anti-Federalist fears
Strong federal government would threaten individual liberties, state sovereignty, and lead to tyranny
Anti-Federalist goals
Protect individual liberties, limit federal power, and preserve state authority
Bill of Rights
The first ten amendments to the Constitution protecting individual liberties
Why the Bill of Rights was not originally included
Federalists believed the Constitution already limited government and feared listing rights would imply others were unprotected
Federalists
Supporters of the Constitution who favored a strong national government
Federalist No. 10
Madison’s argument that a large republic would control factions and protect minority rights
Brutus No. 1
Anti-Federalist essay arguing that a large republic would weaken representation and threaten liberty
Direct democracy
A system in which citizens vote directly on laws and policies
Representative democracy
A system in which citizens elect officials to represent them in government
Initiative
A process that allows citizens to propose legislation or constitutional amendments by petition
Referendum
A process that allows citizens to vote directly on laws passed by the legislature
Why the U.S. is a republic and not a direct democracy
The founders distrusted mass rule, feared mob rule, and believed citizens lacked sufficient education to govern directly
Participatory democracy
A model emphasizing broad citizen involvement in political processes beyond voting
Pluralist democracy
A system in which organized interest groups influence policy-making
Elite democracy
A theory that a small group of elites holds a disproportionate amount of political power
Participatory democracy in the Constitution
Voting rights amendments, freedom of assembly, and citizen participation in elections
Pluralist democracy in the Constitution
Protection of interest groups, political parties, and multiple access points to government
Elite democracy in the Constitution
Electoral College and indirect election of senators prior to the 17th Amendment
Preamble
Introduction to the Constitution stating the goals of government: establish justice, ensure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty
Establish justice
Create a fair legal system and laws that are applied equally
Domestic tranquility
Maintain peace and order within the nation
Common defense
Protect the nation and its people from foreign threats
Promote the general welfare
Support the well-being and prosperity of the people
Secure the blessings of liberty
Protect individual freedoms for current and future generations
Democracy
A system of government in which power is vested in the people
Natural rights
Fundamental rights inherent to all people that are not granted by government and cannot be taken away
Social contract
An agreement in which people give up some freedoms to government in exchange for protection and order
Popular sovereignty
The principle that government power comes from the consent of the governed
Limited government
A system in which government power is restricted by law
Republicanism
A form of government in which people elect representatives to make decisions on their behalf
Rule of law
The principle that all individuals and institutions are subject to the law
Majority rule with minority rights
A democratic principle ensuring majority decisions while protecting minority freedoms
Liberal democracy
A democracy that emphasizes individual rights, freedoms, and representation