Pluralist democracy
This is a model of democracy that stresses vigorous competition among various interests in a free society. No single group dominates politics and organized groups compete with each other to influence public policy. This happens at both the state and national level. Individual work through special interest groups formed around common causes to influence public policy.
Enumerated Powers
The powers explicitly given to Congress in Article I, Section 8 of the U.S. Constitution.
New Jersey Plan
A proposal at the Constitutional Convention made by Wm. Paterson for a central government with a single house (unicameral) legislature in which each state would be represented equally. NJ was a small state and feared the power acquired by large states, like VA, if representation was based on population.
Federal Mandate
A requirement the federal government imposes as a condition for receiving federal funds.
Implied Powers
These come from the "Necessary and proper clause" (sometimes called the elastic clause) grants Congress a set powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers that are in Article I, Section 8 of the US Constitution.
Impeachment
A formal accusation of wrongdoing against a public official according to the US Constitution, the House of Representatives can vote to impeach an official, but the Senate actually tries the case.
Refugee
A person who has been forced to leave their country in order to escape war, persecution, or natural disaster.
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.
Autocracy
A system of government by one person with absolute power.
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Concurrent Powers
These are powers shared by the national and state governments. These powers may be exercised simultaneously within the same territory and in relation to the same body of citizens. They include regulating elections, taxing, borrowing money, and establishing courts.
Double jeopardy
Trial or punishment for the same crime by the same government; forbidden by the Constitution.
Eminent Domain
The right of government to take private property for public use: The US Constitution gives the national and state governments this power and requires them to provide just compensation for the property taken.
Popular Sovereignty
A belief that ultimate power rests with the people (rule by the people). In the Federalist Papers #51, James Madison referred to the people as the fountain of authority, the root of all government power.
Judicial Review
The power of a court to refuse to enforce a law or government regulation that in the opinion of a majority of judges conflicts with the US Constitution., or in a state court the state constitution. The power stems from the Marbury v Madison decision.
Full Faith and Credit Clause
Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
National Supremacy
Constitutional doctrine (Article VI) that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government will prevail.
Federalism
A system in which power is divided between the national and state governments.
Preemption
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
Extradition
A legal process whereby a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed.
Articles of Confederation
The Continental Congress adopted this as the first Constitution of these United States on November 15, 1777. However, ratification of the them by all 13 states did not happen until March 1, 1781. They created a loose confederation of sovereign states and a weak central government, leaving most of the power in the hands of the individual states. It was replaced by the US Constitution in 1789.
Federalist #51
In this Federalist Paper, James Madison (Publius) explains and defends the checks and balances system in the Constitution. Each branch of government is framed so that its power checks the power of the other two branches; additionally, each branch of government is dependent on the people, who are the source of legitimate authority.
U.S. v. Lopez (1995)
Gun Free School Zones Act exceeded Congress's authority to regulate interstate commerce. The first case to begin reigning in Congress's authority under the Commerce Clause. The 5-4 verdict ruled the 1990 Gun Free Schools Zones unconstitutional.
United States Constitution
This document established America's National government and fundamental laws, and guaranteed certain basic rights for its citizens.It was signed on September 17, 1789 by delegates to the Constitutional Convention Philadelphia.
Selective Incorporation
While the Bill of Rights expressly protects citizens rights and liberties against infringements by the national government, it does not explicitly mention infringements or regulations of rights by state governments. Over a succession of rulings, the Supreme Court has established this principle to limit state regulation of civil rights and liberties holding that many of the protections of the Bill of Rights apply to every level of government, not just the federal level.
Federalist #70
In this Federalist Paper, Alexander Hamilton (Publius) argues in favor of the unitary executive created by Article II of the United States Constitution. According to Alexander Hamilton, a unitary executive is necessary to: ensure accountability in government. enable the president to defend against legislative encroachments on his power.
Participatory democracy
This is a model of democracy in which all members of a group or community participate collectively in making major decisions. They have the power to decide directly on policy and politicians are responsible for implementing those public policy decisions.
Elite democracy
This is a model of democracy in which the privileged classes acquire the power to decide by a competition for the people's votes and have substantial freedom between elections to rule as they see fit. It is a model in which a small number of people, usually those who are wealthy and well-educated influence public policy decisions.
Virginia Plan
At the Constitutional Convention in Philadelphia in 1787 delegates from Virginia, proposed by James Madison, and presented to Edmund Randolph. The plan proposed a strong central government composed of three separate branches, bicameral, and a legislature that selects the executive and judiciary. There had been a great debate over how representatives to the new government would be chosen and how many for each state. This plan called for the representatives to be chosen based on each states' population, strongly favoring larger states like Virginia.
Expressed Powers
Those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the "enumerated powers"
Eighth Amendment
The constitutional amendment that forbids cruel and unusual punishment, excessive bail, and excessive fines. This amendment prevents the federal government from imposing unduly harsh penalties on criminal defendants, either as a price for obtaining pretrial release or as a punishment for a crime after conviction.