Ap Government Unit 1

Written by James Madison to convince people to support the ratification of the constitution. Argued that factions were inevitable but were best controlled by a large republic that employed a Federalist structure. Argued that competition among factions would limit their negative impacts.

Federalist Paper #10

A formal statement of the fundamental rights of the people of the United States, incorporated in the Constitution as Amendments 1-10. Satisfied Anti-federalist concerns.

Bill of Rights

AKA the "Necessary and Proper Clause" Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution. Has allowed the federal government to expand its power over time.

Elastic clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations. Has helped the Federal government expand its power over time.

Commerce clause

Powers held jointly by the national and state governments. For example, the powers to tax, pass laws and borrow funds

Concurrent powers

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade) Each state retained sovereignty, the ability to act independently of the Confederation. Each state had equal representation in a unicameral (single house) legislature.

the Articles of Confederation

3 MULTIPLE CHOICE OPTIONS

Rebellion led by farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.

Shays' rebellion

3 MULTIPLE CHOICE OPTIONS

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

Checks and Balances

3 MULTIPLE CHOICE OPTIONS

A government in which the people rule by their own consent.

Popular sovereignty

3 MULTIPLE CHOICE OPTIONS

A legislature consisting of two parts, or houses with separate rules

Bicameral

3 MULTIPLE CHOICE OPTIONS

Those who favored a stronger national government and weaker state governments. Supported the ratification of the Constitution.

Federalists

3 MULTIPLE CHOICE OPTIONS

Those who favored strong state governments and a weaker national government. Advocated for a bill of rights to formally address individual and state rights. Concerned about the concentration of power in a central government under the Constitution.

Anti-Federalist

3 MULTIPLE CHOICE OPTIONS

A system of government in which power and responsibility is divided between a national government and state governments

Federalism

2 MULTIPLE CHOICE OPTIONS

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

(ex. McCulloch v. Maryland)

Supremacy clause

3 MULTIPLE CHOICE OPTIONS

Initial proposal at the Constitutional Convention made by the delegation advocating for a central government with a bicameral legislature based on proportional representation

Virginia Plan

3 MULTIPLE CHOICE OPTIONS

Proposal at the Constitutional Convention made by William Paterson for a central government with a single-house legislature in which each state would be represented equally.

New Jersey Plan

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.

Connecticut or Great Compromise

3 MULTIPLE CHOICE OPTIONS

Format chosen by Founding Fathers. People vote for representatives who then make laws. People do not vote directly on legislation.

Republic

3 MULTIPLE CHOICE OPTIONS

slaves counted as a fraction of a person for population counts to determine Congressional representation

3/5 Compromise

3 MULTIPLE CHOICE OPTIONS

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

Federalist Papers

A system of government in which powers and policy assignments are shared between states and the national government.

cooperative 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.

Dual Federalism

Powers the Constitution specifically granted to one of the branches of the national government. Listed explicitly in the Constitution. Ex: right to coin money, declare war, regulate foreign and interstate trade, tax, etc.

Expressed Powers/Enumerated powers

Powers not specifically mentioned in the constitution;

Powers inferred from the express powers that allow Congress to carry out its functions. Has Constitutional basis in Necessary and Proper/Elastic Clause

Implied powers

powers that exist for the national government because the government is sovereign. Ex: The Louisiana Purchase

Inherent powers

The court ruled that the states did not have the power to tax the national bank. Used the backing of the Supremacy Clause to argue that states could not interfere with legitimate federal laws

McCulloch v. Maryland (1819)

belong to the states and the people;

Powers not specifically granted to the federal government or denied to the states. Granted by the 10th Amendment. For example, regulating voting and administering elections at the state level.

Reserved Powers

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

Unitary System

Federal money given to the states with limited spending guidelines. Allows the states power to decide how to spend funds within relatively loose guidelines. Ex: funds for transportation and state chooses how to allocate.

Block grants

Federal money given to the states with specific spending guidelines. Gives the federal government the power to decide how funds are spent within the state. Ex: funds for highway repairs, cannot be used for other purposes.

Categorical Grants

The transfer of power from a high level political office to a lower level; central government to regional, state, or local governments. Example-Welfare Reform Act of 1996

Devolution

Commerce clause case (1824). Decision greatly enlarged Congress' interstate commerce clause power by broadly defining the meaning of "commerce" to include virtually all types of economic activity.

Gibbons v. Ogden

Reserves powers to the states. Has been used successfully by the states to get the federal courts to strike down federal laws that violate this principle.

The 10th Amendment

Guarantees many individual rights including the right to expression and freedom of the press, freedom of religion, the right to petition the government, and the right to peaceful assembly.

1st Amendment

An example of an unfunded mandate, an order given by the federal government that states must follow and pay for

The Americans with Disabilities Act

The Constitutional process by which the states must approve amendments to the Constitution. Three-quarters of the states must approve an amendment before it is ratified and officially becomes part of the Constitution. Another example of federalism in the Constitution's structure.

Ratification

Federal rules attached to the grants that states receive. States must agree to abide by these rules in order to receive the grants.

Conditions of Aid

Meeting held in 1787, originally meant to revise the Articles of Confederation but created a new plan of government instead

Constitutional Convention

Commerce WITHIN A STATE; commercial activity regulated at the state level

Intrastate commerce

Commerce between different states, can be regulated by Congress.

Interstate commerce

An example of devolution, giving states the authority to determine how to implement Welfare Programs and determine eligibility locally. Still use federal money.

Welfare Reform Act

a set of attitudes and practices held by a people that shapes their political behavior. It includes moral judgments, political myths, beliefs, and ideas about what makes for a good society.

Political Culture

people vote on laws and make decisions for the community as a group (no representatives)

Direct democracy

rule by the few, done in their own interest and not for the collective good of a community

Oligarchy

One who generally favors limited government intervention, particularly in economic affairs.

Conservative

One who favors greater government intervention, particularly in economic affairs and in providing social services

Liberal

one who believes in limited government interference in the economy and personal liberties

Libertarian

Allowed the federal government to collect income taxes from individuals. This greatly enhanced the power of the federal government by making it possible for them to spend more funds on policies of their choosing.

16th Amendment

Direct election of Senators. This amendment took the power to appoint senators away from state governments and gave it to the people of the state.

17th Amendment

The Supreme Court ruled that Congress had exceeded its constitutional authority under the Commerce Clause when it passed a law prohibiting gun possession in local school zones. This increased state powers to regulate such matters while decreasing federal power

United States v Lopez

Court case that established the Supreme Court's power to strike down federal laws that violated the constitution. This has allowed for continuous interpretation of the Constitution by the Supreme Court (informal amendment)

Marbury v Madison

government by the people, either directly or indirectly, with free and frequent elections

Democracy

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

Representative Democracy

The idea that a just government must derive its powers from the consent of the people it governs.

popular consent

A fundamental principle of traditional democratic theory. In a democracy, choosing among alternatives requires that the majority's desire be respected.

majority rule

A consistent pattern of beliefs about political values and the role of government.

ideology

Allows the court to determine the constitutionality of laws

judicial review

Formal accusation against a president or other public official, the first step in removal from office.

impeachment

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

Separation of Powers

Transferring responsibility for policies from the federal government to state and local governments.

devolution

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

unitary system

constitutional arrangement in which states create a central government and limit its power

confederation

powers granted directly to the national government by the Constitution; another name for expressed powers

enumerated powers (expressed powers)

powers that congress has that are not stated explicitly in the constitution; come from the Necessary & Proper Clause

implied powers

A clause in Article I, section 8, of the Constitution that gives Congress the power to do whatever it deems necessary and constitutional to meet its enumerated obligations; the basis for the implied powers.

Necessary and Proper Clause (Elastic Clause)

A requirement the federal government imposes as a condition for receiving federal funds.

Federal Mandate

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

Full Faith and Credit Clause

The legal process by which a fugitive from justice in one state is returned to that state

Extradition

also known as cooperative federalism, it developed during the New Deal and is characterized by the federal government's becoming more intrusive in what was traditionally states' powers

Marble Cake Federalism

a way of describing the system of dual federalism in which there is a division of responsibilities between the state and the national governments

Layer Cake Federalism

powers of the states to protect the public health, safety, morals, and welfare of the public

police powers

Unicameral

No judicial or executive branch

No army

Congress could not tax or regulate trade

Each state had only one vote regardless of size

All 13 state required to approve amendments

Problems with Articles of Confederation

A change in, or addition to, a constitution or law

Amendment

Exec. Appoints federal judges

Leg. can impeach judges

Check on judicial branch

Exec. can propose laws to congress

Exec. can veto laws passed by congress

check on legislative branch

Leg. branch can override president's veto

Jud. can declare actions unconstitutional

Check on Executive Branch

a change in the meaning, but not the wording, of the Constitution, e.g., through a court decisions such as Brown v. Board.; laws, custom, etc.

Informal Amendment

The institution through which a society makes and enforces its public policies

government

Groups such as parties or interest groups, which according to James Madison arose from the unequal distribution of property or wealth and had the potential to cause instability in government.

factions

a commodity or service that is provided without profit to all members of a society, often by the government

public goods

the study of who gets what, when, and how - or how policy decisions are made

politics

Policies, generally favored by Democratic politicians, in which taxation is used to attempt to create greater social equality, i.e. higher taxation of the rich to provide programs for the poor.

redistributive tax policy

A situation in which the members of a group would benefit by working together to produce some outcome, but each individual is better off refusing to cooperate and reaping benefits from those who do the work.

Collective Action problem

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

participatory democracy

freedom

liberty

government structure in which government actions are limited by law

Limited Government

A government ruled by a king or queen

Monarchy

A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of the governed.

republicanism

the idea that all humans are born with rights, which include the right to life, liberty, and property

natural rights

An agreement between the people and their government signifying their consent to be governed

Social Contract

government in which the executive is chosen by the legislature from among its members and the two branches are merged

Parliamentary System

the supreme power of an independent state to regulate its internal affairs without foreign interference

sovereign power

Programs that the Federal government requires States to implement without Federal funding.

unfunded mandates

Held that Congress could use the Commerce Clause to outlaw the use of medical marijuana

Gonzales v. Raich

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.

Federalist 51

believed that people are born selfish and need a strong central authority

Thomas Hobbes

The effort to reduce the size & power of the federal government by returning (devolving) power to the states. Associated with economic conservatives, President Reagan & the Tea Party.

Devolution Revolution

English philosopher who advocated the idea of a "social contract" in which government powers are derived from the consent of the governed and in which the government serves the people; also said people have natural rights to life, liberty and property.

John Locke

a principle asserting the supremacy of federal legislation over state legislation when both pertain to the same matter

federal preemption

A model of federalism in which specific programs and policies (depicted as vertical pickets in a picket fence) involve all levels of government—national, state, and local (depicted by the horizontal boards in a picket fence).

picket fence federalism