AP Review - Constitution & Federalism

Confederal System

A system consisting of a league of independent states, each having essentially sovereign powers. The central government created by such a league has only limited powers over the states.

Federal System

A government that divides the powers of government between the national government and state or provincial governments

Unitary System

A government that gives all key powers to the national or central government

Fiscal Federalism

Federal government using money (grants) to influence & control states.

Categorical Grant

Funds provided for a specific and clearly defined purpose.

Block Grant

a large grant given to a state by the federal government with only general spending guidelines

Federal Mandate

A requirement in federal legislation that forces states and municipalities to comply with certain rules.

Americans with Disabilities Act

Passed by Congress in 1991, this act banned discrimination against the disabled in employment and mandated easy access to all public and commercial buildings.

Gibbons v. Ogden

Regulating interstate commerce is a power reserved to the federal government

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Article I

part of the constitution that establishes the legislative branch and its powers

Commerce Clause

The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries.

Necessary and Proper Clause

constitutional authorization for Congress to make any law required to carry out its powers

Article II

part of the constitution that establishes the executive branch and its powers

Article III

part of the constitution that establishes the judicial branch

Article IV

part of the constitution that deals with the relationships among the states

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Article V

part of the constitution outlining the amendment process

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.

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

2nd Amendment

establishes the right to bear arms

3rd Amendment

prohibits government from quartering troops in citizens' homes

4th Amendment

Protection against Unreasonable Search and Seizure

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

Right to a trial by jury in civil cases

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th Amendment

Citizens entitled to rights not listed in the Constitution

10th Amendment

Powers not given to federal government go to people and States

11th Amendment

Prohibits citizens of one state or foreign country from suing another state.

12th Amendment

separation of votes for President and Vice President

13th Amendment

abolished slavery

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws and requires states to give due process to citizens

15th Amendment

Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude

16th Amendment

Allows the federal government to collect income tax

17th Amendment

Direct election of senators

18th Amendment

Prohibited the manufacture, sale, and distribution of alcoholic beverages

19th Amendment

Gave women the right to vote

20th Amendment

Commencement of Terms; Sessions of Congress; Death or Disqualification of President-Elect

21st Amendment

Repeal of Prohibition

22nd Amendment

Limits the president to two terms.

23rd Amendment

gave residents of Washington DC electoral college votes

24th Amendment

Abolishes poll taxes

25th Amendment

Presidential Succession; Vice Presidential Vacancy; Presidential Inability

26th Amendment

Lowered the voting age from 21 to 18

27th Amendment

congressional pay raises are not begun until the next election

Bill of Rights

The first ten amendments to the Constitution

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Due Process Clause

Clause in the Fifth Amendment limiting the power of the national government; similar clause in the Fourteenth Amendment prohibiting state governments from depriving any person of life, liberty, or property without due process of law.

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. Also known as marble cake federalism

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. Also known as layer cake federalism.

Devolution

the transfer of powers and responsibilities from the federal government to the states

US v. Lopez

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

General Welfare Clause

Gives Congress the power to tax to provide for the general welfare

Grants in Aid

programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government

Great Compromise (Connecticut Compromise)

Plan to have a popularly elected House based on state population and a state-selected Senate, with two members for each state

enumerated powers

Powers given to the national government alone

reserved powers

Powers given to the state government alone

concurrent powers

Powers held jointly by the national and state governments.

checks and balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

separation of powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures.

Anti-Federalists

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

Habeas Corpus

An order to produce an arrested person before a judge.

Ex Post Facto law

a law that makes an act criminal although the act was legal when it was committed

bill of attainder

a law that punishes a person accused of a crime without a trial or a fair hearing in court

Nullification

A state's refusal to recognize an act of Congress that it considers unconstitutional

conditions of aid

terms set by the national government that states must meet if they are to receive certain federal funds

participatory democracy (direct/pure democracy)

a system of democracy in which all members of a group or community participate collectively in making major decisions

representative democracy (republic)

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.