AP U.S. Government & Politics - Constitutional Underpinnings Flashcards

Vocabulary flashcards covering key terms and concepts related to the constitutional underpinnings of the U.S. government, based on the provided lecture notes.

LEGISLATIVE BRANCH

Makes the Law

JUDICIAL BRANCH

Interprets the Law

EXECUTIVE BRANCH

Enforces the Law

1st Amendment

Freedom of religion, speech, press, assembly, petition

2nd Amendment

Right to bear arms would not be infringed (violated)

4th Amendment

People and their personal property cannot be searched without a warrant, issued by a judge

5th Amendment

Due process; No double jeopardy; No self-incrimination; Eminent domain

6th Amendment

Guarantee of a speedy trial; Guarantee of a public trial; The right to confront witnesses; The right to have legal counsel (an attorney); Impartial jury of your peers

8th Amendment

No excessive bail; No cruel and unusual punishment shall be used against a convicted criminal

9th Amendment

Powers that are not specifically granted to the national government are to be retained by the people

10th Amendment

Powers that are not specifically granted to the national government are to be retained by the states

13th Amendment

Slavery was abolished

14th Amendment

Granted citizenship rights to former slaves; Incorporated the Bill of Rights amendments to apply to the States; Due process of the law; Equal protection of the law

15th Amendment

African American males were guaranteed the right to vote

16th Amendment

Congress shall have the power to lay and collect taxes on incomes

17th Amendment

Senators elected directly by people of each state

19th Amendment

The right to vote cannot be denied because of a person’s gender

22nd Amendment

President of the U.S. now limited to serving no more than two full terms in office

23rd Amendment

People who live in Washington, D.C. are allowed to vote for President and granted three electoral votes

26th Amendment

18-year-olds granted right to vote

Referendum

procedure for submitting to popular vote measures passed by the legislature or proposed amendment to a state constitution (can only be done at the state level)

Initiative

procedure whereby a certain number of voters may, by petition, propose a law or constitutional amendment and have it submitted to the voters (can only be done at the state level)

Recall

procedure for submitting to popular vote the removal of officials from office before the end of their term (can only be done at the state level)

TRADITIONAL (MAJORITARIAN) THEORY

Government depends on the consent of the governed, which may be given directly or through representatives

PLURALIST THEORY

Interest groups compete in the political arena, with each promoting its policy preferences through organized efforts

ELITE THEORY

A small number of powerful elite (corporate leaders, top military officers, government leaders) form an upper class, which rules in its own self-interest.

HYPERPLURALISM

Democracy is a system of many groups having so much strength that government is often "pulled" in numerous directions at the same time.

Articles of Confederation

U.S. began as a “firm league of friendship” with a Weak national government – true power is in the hands of the state legislatures

The Virginia Plan

Representation in each house based on population and/or monetary contributions to the national government by the state

The New Jersey Plan

Representation in house would be equal among the states

The Connecticut Compromise

Called for one house in which each state would have an equal vote and a second house in which representation would be based on population and in which all bills for raising or appropriating money would originate

three-fifths compromise

counting of slaves

Federalists

supporters of the new government

Anti-Federalists

opponents of the new government

SEPARATION OF POWERS

division of power among the legislative, executive, and judicial branches

CHECKS AND BALANCES

Each branch has a role in the actions of others

Judicial review

the power of courts to hold executive and congressional policies unconstitutional

Legislative Branch Informal Amendment

Congress has passed various acts that have altered or made clear the meaning of the Constitution

Executive Branch Informal Amendment

Presidents may negotiate executive agreements with other countries, an authority not mentioned in the Constitution

Judicial Branch Informal Amendment

Judiciary has been the most influential in interpreting the Constitution. Article III defines the power of the judiciary very broadly

Custom and usage Informal Amendment

Traditions that have been incorporated into the political system

dual federalism

views the national and state governments each remaining supreme within their own sphere of influence

cooperative federalism

the national and state governments sharing policymaking and cooperating in solving problems

Expressed powers

those specifically given to the national gov’t

Implied powers

although not expressed, powers that may be reasonably inferred from the Constitution

Inherent powers

powers that exist for the national government because the government is sovereign

Concurrent powers

powers that belong to both the national and state governments

Reserved powers

powers belonging specifically to the state because they were neither delegated to the national government nor denied to the states

Supremacy Clause

The Constitution, its laws and treaties shall be the "supreme law of the land."

commerce clause

gives Congress the power "to regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes."

Preemption

federal laws take precedence over state and local laws

CENTRALIST (nationalist) position

The Constitution is a supreme law established by the people; it was intended that the central government's powers be liberally defined.

DECENTRALIST (states’ rights) position

The national government is nothing more than an agent of the states, and every one of its powers should be narrowly defined.

“DEVOLUTION REVOLUTION”

shifting of some authority from national government back to the states

FISCAL FEDERALISM

national government's patterns of spending, taxation, and providing grants to influence state and local governments

CATEGORICAL GRANTS

Congress appropriates funds for specific purposes

BLOCK GRANTS

Granted to support a collection of general programs

REGULATORY FEDERALISM

compliance with federal mandates to receive the money or to continue to obtain grants-in-aid

FEDERAL MANDATES

a federal order imposed upon states

DIRECT ORDERS

State or local government must act under the threat of criminal or civil penalties

CROSS-CUTTING REQUIREMENTS

Conditions on one grant extended to all federally-supported activities

CROSS-OVER SANCTIONS

Permit the use of federal dollars in one program to influence state and local policy in another

PARTIAL PREEMPTION

Federal law establishes basic policies but requires states to administer them usually without any federal funds

Marbury v. Madison (1803)

Established judicial review

McCulloch v. Maryland (1819)

Established national supremacy

Gibbons v. Ogden (1824)

Congress can legislate and regulate all matters of interstate commerce as long as there is some commercial connection with another state.

Heart of Atlanta Motel v. U.S. (1964)

Congress has a right to regulate individual businesses in the interest of promoting interstate travel.

U.S. v. Lopez (1995)

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.