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The 10th Amendment
Gave states any power, not specifically assigned to the National Government in the Constitution
Necessary and Proper Clause
gives Congress power to make any laws necessary to execute the enumerated powers (conflict with 10th amendment)
interstate commerce
regulated by Congress, across multiple states
intrastate commerce
regulated by the state, within state lines
Confederation
all power flows from the states to the government (decentralized power)
unitary
all power flows from the government to the states (concentrated power)
federal
power is shared between the government and the states (divided power)
enumerated/expressed powers
Powers given to the government, specifically expressed in the constitution
exclusive powers
Powers exclusive to the federal government
implied powers
Powers given to the government, not specifically expressed in the constitution but implied by the necessary and proper clause
reserved powers
Powers reserved for the states (any power not granted to the government in the constitution)
concurrent powers
Powers shared between the government and the states
commerce clause
gives Congress power to regulate interstate commerce and restricts states from impairing it
supremacy clause
the Constitution and federal laws take precedence over any conflicting state laws
full faith and credit clause
Full Faith and Credit- requires states to recognize the public acts, records, and civil court proceedings from another state (if something is legally established in one state it must be accepted as valid in other states)
extradition
requires a state to return a fugitive to the state where they are accused of committing a crime
privileges and immunities clause
prohibits states from discriminating against citizens of other states when it comes to basic rights
thirteenth amendment
banned slavery
fourteenth amendment
birthright citizenship
fifteenth amendment
all men have the right to vote
dual federalism
states and the gov operate independently (layer cake)
cooperative federalism
states and gov work together (gov sets standards and provides funds while states implement) (marble cake)
grants-in-aid
tool used by the federal government to achieve policy objectives within states
categorical grants
Provided to states with limits on how they spend the money
fiscal federalism
federal government gives grants-in-aid to the states, with conditions attached to the money (ex. highway and drinking age)
unfunded mandates
Government requires states to pay for programs without providing funds
devolution
returning more authority to the states
block grants
More broad limits give states more control over how they spend the money (ex. education)
united States v lopez
involves the tenth amendment. limits the federal govs ability to pass legislation under the commerce clause, gives more power to the states
mcculloch v maryland established _
established that Congress has the implied power to charter a bank under the necessary and proper clause, and states may not tax federal gov
Politics
process we use to solve conflict
government
enforces the social contracts
Inalienable rights
rights that cannot be taken away
Natural rights
rights that people are born with
Pluralism
The theory that political power is distributed among many groups in society so that no group dominates the gov
Elitism
The theory that a small group of wealthy and powerful people hold most of the political power, even if elections exist
Social contract
people agree to give the government the authority to govern
Social conflict
the idea that disagreements and struggles between different groups in society are unavoidable and natural in a democracy
traits of american political culture
Democracy, natural rights, popular sovereignty, liberty, freedom, pursuit of happiness
Civil Society
Groups outside of the govs control
Participatory democracy
A system where citizens are actively involved in making political decisions
importance of participatory democracy
helps ensure the government reflects the people's will and has legitimacy
purpose of the constitution
to solve the problems with the Articles of Confederation
Judicial
interprets laws (supreme court)
Executive
enforces laws (president)
Legislative
makes laws (congress--senate and house of reps)
Unicameral
one house legislature
Bicameral
two house legislature
Federalists
Supported strong central gov, Pro constitution
Anti federalists
Supported stronger state governments, Anti constitution (called for bill of rights)
Great Compromise
bicameral legislature--house of reps and senate
â…— Compromise
Slaves count as â…— of a person in a states representation
Electoral College
Each state gets a certain number of electoral votes based on its population, gives smaller states a bigger influence on elections
Compromise on Importation of Slaves
Slave trade restriction will not be brought up until 20 years has passed
Civil Liberties in the original document
habeas corpus, bills of attainder, ex post facto laws
Habeas corpus
the right to know what the charges were against you when detained
Bills of attainder
can't put people in jail without a trial
Ex post facto laws
can't arrest someone if they committed the crime when it was still legal
Separation of powers
distributes power to avoid too much power in one branch
Checks and balances
prevents abuse of power within branches by giving them power over each other
Enumerated (aka Expressed) powers
Authority specifically granted in the constitution
Necessary and proper clause
grants congress necessary powers to enforce enumerated powers
Implied powers
authority of the federal government not explicitly granted by the constitution
Supremacy Clause
Constitution is the supreme law of the land
fed papers 10
Madison, large constitutional republic, warning against factions
fed papers 51
Madison, separation of powers, people are too selfish to govern themselves
brutus 10
Suspicion of power, too much power for national gov would render states useless
Gibbons v Ogden established _
established that the U.S. Congress has broad authority under the Commerce Clause to regulate interstate commerce
Barron v Baltimore established _
established that the protections in the U.S. Bill of Rights only applied to the federal government, not to state and local governments
article 1; section 8
lists the enumerated powers granted to the federal government
state-to-state
the relationships/mutual obligations between the states
selective incorporation
The supreme court uses the due process clause to apply certain protections from the bill of rights to the states, case by case
due process clause
Guarantees that the government cannot deprive individuals of "life, liberty, or property" without fair legal procedures
funded mandates
Federal require something and provide funds to the states to help them complete it
Revenue Sharing
government provides funds to states with few restrictions and no strings attached (ended because it was too costly)