AP Government - Constitution and Federalism

Articles of Confederation

First American governing document creating a weak national government while leaving most power to the states.

unicameral

a legislator with one house

bicameral

a legislator with two houses

Shay’s Rebellion

An uprising in 1768 by unpaid revolutionary war veterans in Massachusettes that ultimately led to the remaking of the Articles of Confederation

Forclosures

Seizures of private property that caused many to oppose the Articles of Confederation

Writ of Habeas Corpus

the right of the accused to know the charges against them, protecting the the constitution

Bill of Attainder

a law prohibited by the constitution that declares someone guilty without a trail

Ex post facto law

A law banned by the constitution punishing someone for an act that wasn’t illegal when it was committed

Virginia Plan

A 2 house legislature, representation in both by population, one elected by the people, one appointed by state legislatures

New Jersey Plan

Legislature with one house, each state has equal representation

Connecticut Compromise

A 2 house legislature, representation in one by population elected by the people, one with equal representation appointed by state legislatures

Three Fifths Compromise

for the purpose of congressional representation, a slave would count as 3/5th of a person, “punts” the issue

Compromise on Importation

Congress will not restrict the slave trade until 1808

Separation of Power

A government design splitting power between different institutions to prevent one from becoming too powerful

checks and balances

a system where one branch of government limits the power of others

Federalism

the policy of states and the federal government sharing power

legislative branch

makes the laws

Senate

Each state has 2 senators, originally appointed by the state legislatures, 6 year terms

House of Representatives

Representation determined by population, elected by the people, 2 year terms

expressed or enumerated powers

powers explicitly granted the the federal government by the constitution

Necessary and Proper Clause

also called elastic clause, allows congress to make laws about things not expressly stated in the constitution

Implied powers

authority of the federal government beyond its expressed powers

executive branch

enforces the laws

Judicial Branch

the court system

Supremacy Clause

states that federal policies trump state ones

amendment

a change to the constitution

Federalists

people in support of the constitution and a strong federal government

Anti-federalists

people in opposition to the constitution who supported strong state governments

Federalist papers

85 essays written by James Madison, Alexander Hamilton, and John Jay encouraging the people of New York to ratify the constitution

Faction

A group of self interested individuals using the government for their own ends and infringing on other’s rights in the process

Federalist no. 10

The essay where James Madison explains how the constitution will prevent factions from taking control

Brutus 1

An Anti-federalist paper explaining why the constitution will fail

Federalist no. 51

The essay where James Madison argues that the new government is designed to prevent abuse of power, and defends the separation of powers and checks and balances it creates

Natural Rights

Rights people are born with that cannot be taken away eg. life, liberty, pursuit of happiness

Social Contract

An agreement where the people give up some rights to the government in exchange for greater protection of those retained

Dual Sovereignty

Both federal and state governments can prosecute someone for a crime if both federal and state laws were violated

Reserved Powers

Powers reserved to the states

Concurrent Powers

Powers shared by the states and the federal government

Federal system

A system where states and the federal government share power

Unitary system

a system where the federal government has complete power over all local governments

Confederal System

A system where the local governments have more power than the federal one

Full Faith + Credit Clause

Legal documents issued by one state are valid in all states

Dual federalism

layer cake federalism, where there is no overlap between federal and state powers

Cooperative Federalism

Marble cake federalism, where federal and state governments work together with the federal government taking the lead

Fiscal Federalsim

The system of spending, taxing, and giving grants between the federal and state governments

Categorical Grant

Federal money given to states for extremely particular purposes

Block grants

money given to states for more broad purposes

Mandates

rule telling states what they must do to comply with federal regulations

Unfunded Mandate

Rule requiring states to use their own funding to comply with federal regulations

Devolution

Transferring responsibilities from the federal government to the states

Commerce Clause

Allows congress to regulate international and interstate commerce

Privileges and Immunities Clause

States can’t discriminate against citizens of other states

Extradition

requires states to return criminals to the state in which they committed a crime

McCulloch vs. Maryland

Determined that the national bank is constitution, and that states can’t tax federal agencies as it violates federal supremacy

Gibbons vs. Ogden

Determined that New York was not allowed to grant a monopoly over an interstate ferry route, and therefore that regulating interstate commerce is solely a federal responsibility

Selective Incorperation

applying individual protections granted in the bill of rights to state actions on a case by case basis

Grants-in-aid

The basis of Fiscal Federalism, where the federal government gives the states money for purposes it views as important

Revenue Spending

A discontinued policy of giving states tax money with no strings attached

Madbury vs. Madison

The case that established the supreme court’s power of judicial review

Deregulation

Removing rules and regulations, usually from economic sectors

Popular Sovereignty

The government’s power comes from the people

Rule of Law

No one is above the law

Independent Judiciary

The principle of the court system existing as its own independent entity

1st amendment

Freedom of religion, no national religion, freedom of speech, assembly, petition, and the press

2nd Amendment

Right to bear arms

3rd Amendments

Soldiers can’t be quartered in private homes

4th Amendment

No searches or seizures without probable cause and a warrant

5th Amendment

Right to a jury trial, no double jeopardy, right to remain silent, due process, compensation for confiscated property

6th Amendment

Speedy + public jury trial, cross examination, mandatory testimony for witnesses in the accused favor, right to know the charges against you, right to a lawyer

7th Amendment

Right to a jury trial in a civil case

8th Amendment

No cruel of unusual punishment

9th Amendment

The bill of rights is not a complete list

10th Amendment

Powers not granted to the federal government are reserved to the states or people

13th Amendment

Outlaws slavery

14th Amendment

Birthright citizenship, equal protection under the law

15th Amendment

Outlaws voting discrimination due to race

16th Amendment

Allows congress to collect income taxes

17th Amendment

direct election of senators

18th Amendment

Bans alcohol

19th Amendment

Grants women the right to vote

21st Amendment

Repeals prohibition

22nd Amendment

Presidential term limits

23rd Amendment

Electoral College votes for DC

24th Amendment

Outlaws poll taxes

26th Amendment

Lowers voting age to 18

John Locke

Created the theory of natural rights and the social contract

Montesquieu

Said ideal government should have separation of powers

Pluralist democracy

Power is distributed among many groups, preventing any one from become too powerful

Initiative

The process by which the people can directly vote on legislation without needing to go through a legislature

Referendum

A measure appearing on a ballot as a result of voter petition

Elite Democracy

A model where a small group of elites hold disproportionate political influence

Democratic Republic

A system where elected officials make decisions on behalf of the general population

Participatory Democracy

A form of government where citizens are actively involved in decision making

Direct Democracy

A form of government where every citizen individually votes on every decision

Constitutional Interpretation - Text

The literal meaning of the words at the time they were written

Constitutional Interpretation - History

Looking at the historical context of a provision to understand its meaning and intent

Constitutional Interpretation - Tradition

Looking at laws, practices, and customs that have developed since the provision was ratified

Constitutional Interpretation - Precedent

Applying rulings in old cases to new ones

Constitutional Interpretation - Structure

looking at broader structures and relationships between institutions outlined in the constitution

Constitutional Interpretation - Prudence

Making a decision based on what is practical