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Government
The institution that creates and implements policies and laws that guide the nation and its citizens.
Policy
A government’s plan of action to address an issue; laws and regulations used to achieve goals.
Constituent
A person represented by an elected official.
Federalism
Division of power between the national and state governments.
Dual federalism
"Layer-cake" federalism: clear, separate powers for state and federal governments.
Cooperative federalism
"Marble-cake" federalism: federal and state governments share responsibilities and collaborate.
New Federalism / Devolution
Efforts to return power from the federal government back to the states.
Federal mandate
A federal requirement imposed on states, may be funded or unfunded.
Unfunded mandate
A federal requirement that states must carry out without federal funding (e.g., ADA accessibility requirements).
Categorical grant
Federal funds given to states for a specific purpose with strict conditions.
Block grant
Federal funds given to states for a broad purpose with fewer restrictions.
Interstate compact
An agreement between two or more states, usually requiring congressional approval.
Enumerated / Expressed powers
Powers explicitly listed in the Constitution for the national government (e.g., coin money, declare war).
Implied powers
Powers not stated explicitly but implied by the Necessary and Proper Clause.
Concurrent powers
Powers shared by both state and federal governments (e.g., taxation).
Reserved powers
Powers reserved to the states (10th Amendment) when not delegated to the federal government.
Necessary and Proper Clause (Elastic Clause)
Article I, Section 8: allows Congress to make laws needed to carry out its enumerated powers.
Commerce Clause
Gives Congress power to regulate commerce among states, with foreign nations, and with tribes.
Supremacy Clause
Constitution and federal laws take precedence over state laws.
Marbury v. Madison (1803)
Established judicial review (courts can declare laws unconstitutional).
McCulloch v. Maryland (1819)
Confirmed federal supremacy and upheld implied powers (federal bank case).
U.S. v. Lopez (1995)
Limited Congress’s commerce-clause power; struck down the Gun-Free School Zones Act as exceeding Congress’s authority.
Articles of Confederation – weaknesses
Weak central government, no power to tax, no national army, unicameral congress, states were sovereign.
Constitution – improvements over Articles
Stronger central government, separation of powers, power to tax, regulate commerce, creation of executive and judicial branches.
Shays’ Rebellion
1786–87 uprising that highlighted the weakness of the Articles and helped push for a new Constitution.
The Framers
Delegates to the Constitutional Convention who drafted the U.S. Constitution.
Great Compromise (Connecticut Compromise)
Created bicameral Congress: House by population, Senate with equal state representation.
Virginia Plan
Proposal for a strong national government with bicameral legislature based on population.
New Jersey Plan
Proposal for a unicameral legislature with equal representation for states.
Bicameralism vs Unicameral
Bicameral: two legislative chambers (House & Senate). Unicameral: single legislative chamber.
Three-Fifths Compromise
For representation and taxation, each enslaved person counted as three-fifths of a person.
Compromise on importation of slaves (Article I)
Congress forbidden to ban the importation of slaves before 1808.
Electoral College
Presidential electors chosen by states to formally elect the president.
Articles / Clauses that limit Congress (Article I, Sec. 9)
Limits include prohibitions on bills of attainder and ex post facto laws; habeas corpus suspension limited.
Article IV (Fugitive Slave Clause historically)
Article IV included provisions that required states to return fugitive slaves (historical).
Article V (Amendment process)
Outlines proposal methods (2/3 Congress or national convention) and ratification (3/4 state legislatures or state conventions).
Why the framers made the amendment process difficult
To prevent quick, temporary changes by shifting majorities; requires broad consensus.
Impeachment process
House impeaches by majority (indictment); Senate holds trial and must convict by 2/3 to remove.
Writ of habeas corpus
Court order requiring authorities to show lawful grounds for detaining someone.
Bills of attainder
Laws that punish people without trial; prohibited by the Constitution.
Ex post facto laws
Laws that retroactively punish actions that were legal when done; prohibited.
Bill of Rights
First ten amendments protecting individual liberties.
1st Amendment
Freedom of speech, press, assembly, petition, and religion.
2nd Amendment
Right to bear arms.
3rd Amendment
No forced quartering of troops in private homes during peacetime.
4th Amendment
Protection from unreasonable searches and seizures.
5th Amendment
Grand jury, no double jeopardy, no self-incrimination, due process, just compensation for takings.
6th Amendment
Right to speedy, public trial; counsel; confront witnesses; jury trial.
7th Amendment
Right to jury trial in civil cases over $20 (historical).
8th Amendment
No excessive bail or fines and no cruel and unusual punishment.
9th Amendment
Rights not listed in the Constitution are not necessarily denied to the people.
10th Amendment
Powers not delegated to the federal government are reserved to the states or the people.
Federalists
Supported the Constitution, favored stronger national government; included property owners, merchants, and elites.
Anti-Federalists
Opposed strong central government, favored states’ rights, demanded a Bill of Rights.
Federalist No. 10
Madison: large republic helps control factions and protect minority rights.
Federalist No. 51
Madison: separation of powers and checks & balances prevent tyranny.
Federalist No. 70
Hamilton: argues for a single energetic executive (strong presidency).
Federalist No. 78
Hamilton: judiciary is weakest branch but must have judicial review and lifetime tenure for independence.
Brutus No. 1
Anti-Federalist essay warning a large republic would concentrate power and threaten liberty.
Separation of powers
Division of government into branches (legislative, executive, judicial).
Checks and balances
Each branch can limit the powers of the other branches.
Legislative branch – main roles
Make laws, control budget, confirm/select certain appointments, impeach officials.
Executive branch – main roles
Enforce laws, veto legislation, nominate judges and officials, commander-in-chief, conduct foreign policy.
Judicial branch – main roles
Interpret laws, review lower court decisions, can declare laws or actions unconstitutional.
Implied example powers of Congress
Taxation, commerce regulation, borrowing, creating courts, declaring war.
Interest groups
Organizations that try to influence public policy and elections.
Pluralist democracy
Multiple groups compete to influence policy; compromise prevents domination by one group.
Participatory democracy
Emphasizes broad citizen participation in politics.
Elite democracy
Political power is concentrated among a small, wealthy, educated elite.
Direct democracy
Citizens vote directly on laws and policies (e.g., referendums).
Indirect (Representative) democracy
Citizens elect representatives to make policy decisions on their behalf.
Initiative
A process that allows citizens to propose a law for a public vote.
Popular referendum
Citizens vote to approve or reject a law passed by the legislature.
Republic / Republicanism
A system where people elect representatives to govern and make laws.
Marbury v. Madison (card repeated for emphasis)
Established judicial review, empowering the judiciary to invalidate unconstitutional laws.
McCulloch v. Maryland (card repeated for emphasis)
Upheld implied powers and federal supremacy.
U.S. v. Lopez (card repeated for emphasis)
Marked a limit on commerce-clause power; reasserted some state authority.
USA PATRIOT Act
Expanded government surveillance and information-sharing powers after 9/11.
USA FREEDOM Act
Limited some mass collection of phone/internet data and reformed surveillance practices.
Interstate commerce (term)
Economic activity crossing state lines that Congress can regulate.
Expressed powers (synonym note)
Same as enumerated/explicit powers in the Constitution.
Concurrent powers (card repeated for clarity)
Powers both states and federal government exercise.
Implied powers (card repeated for clarity)
Powers Congress exercises to carry out expressed powers via the Elastic Clause.
The Declaration of Independence – core ideals
Popular sovereignty, natural rights, social contract, right to overthrow government that violates rights.
John Locke
Enlightenment thinker; natural rights and social contract influenced the Declaration and Constitution.
Jean-Jacques Rousseau
Influenced ideas of popular sovereignty and social contract.
Montesquieu
Argued for separation of powers between branches.
King’s Dominion Law (Virginia example)
Virginia law requiring schools to start after Labor Day to boost tourism.
Article I, Section II (House powers)
House has sole power of impeachment.
Interstate compact (card repeated)
Agreement between states requiring congressional approval.
Electoral process notes (quick)
States decide how to select electors; electors formally vote for president.
Why amendment process matters (quick)
Ensures stability and that changes reflect broad consensus across states.