Gov Chapter 2+3

constitution

constitution

A nation's basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. Constitutions can either be written or unwritten.

Declaration of Independence

The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.

natural rights

Rights inherent in human beings, not dependent on governments, which include life, liberty, and property.

consent of the governed

The idea that government derives it authority by sanction of the people.

limited government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

Articles of Confederation

The first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. The Articles established a national legislature, the Continental Congress, but most authority rested with the state legislatures.

Shay's Rebellion

A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings.

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of U.S. government and the tasks these institutions performs. It replaced the Articles of Confederation.

factions

Interest groups arising from the unequal distribution of property or wealth that James Madison attacked in Federalist Paper No. 10. Today's parties or interest groups are what Madison had in mind when he warned of the instability caused by factions.

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.

Virginia Plan

The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state's share of the U.S. population.

Connecticut Compromise

The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population, and the Senate. in which each state has two representatives.

writ of habeas corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

separation of powers

A feature of the Constitution that requires each of the three branches of government-executive, legislative, and judicial-to be relatively independent of the others so that one cannot control the others. Power is shared among these institutions.

checks and balances

Features of the Constitution that limit government's power by requiring that power be balanced among the different governmental institutions. These institutions continually constrain one another's activities.

republic

A form of government in which the people select representatives to govern them and make laws.

Federalists

Supporters of the U.S. Constitution at the time the states were contemplating its adoption.

Anti-Federalists

Opponents of the American Constitution at the time when the states were contemplating its adoption.

Federalist Papers

A collection of 885 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

Bill of Rights

The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendant's rights.

Equal Rights Amendment

A constitutional amendment passed by Congress in 1972 stating that "equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex." The amendment failed to acquire the necessary support from three-fourths of the state legislatures.

Marbury v. Madison

The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.

judicial review

The power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the U.S. Constitution. Judicial review was established by John Marshall and his associates in Marbury v. Madison.

federalism

A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.

unitary governments

A way of organizing a nation so that all power resides in the central government. Most national governments today are unitary governments.

intergovernmental relations

The workings of the federal system- the entire set of interactions among national, state, and local governments.

supremacy clause

Article Vi of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Tenth Amendment

The constitutional amendement stating, "The powers not delegated to the United States by the Constitution nor prohibited by it to the states, are reserved to the states respectively, or to the people."

McCulloch v. Maryland

An 1819 Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.

enumerated powers

Powers of the federal government that are specifically addressed in the Constitution; for Congress, these powers are listed in Article I, Section 8, and include the power to coin money, regulate its value, and impose taxes.

implied powers

Powers of the federal government that go beyond those enumerated in the Constitution. The Constitution states that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I.

elastic clause

The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated powers.

Gibbons v. Ogden

A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity.

full faith and credit

A clause in Article IV, Section 1, of the Constitution requiring each state to recognize the official documents and civil judgements rendered by the courts of other states.

extradition

A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

privileges and immunities

A clause in Article IV, Section 2, of the Constitution according citizens of each state most of the privileges of citizens of other states.

dual federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

cooperative federalism

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.

fiscal federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.

categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

project grants

Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications.

forumla grants

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services.