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Vocab and Key Terms Sheet
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Anti-Federalists
Opponents of the U.S. Constitution at the time when the states were contemplating its adoption
fearing that the central government would gain too much power at the expense of individual liberties and state sovereignty
Bicameral Legislature
A legislature is divided into two houses.
The U.S. Congress and all state legislatures except Nebraska’s are bicameral.
Block Grant
Federal grants are given more or less automatically to states or communities to support broad programs in areas such as community development and social services
Categorical Grant
Federal Grants that can be used only for specific purposes, or categories, of state and local spending
Come with strings attached, such as nondiscrimination provisions
Checks and Balances
Features of the Constitution that require each branch of the federal government to obtain the consent of the others for its actions; they limit the power of each branch
Concurrent Powers
powers that both the national and state government has
When you work, you pay taxes to both the national and state governments
state and federal court systems
Cooperative Federalism
A system of government in which states and the national government share powers and policy assignments
Devolution
Transferring responsibility for policies from the federal government to state and local governments
Direct Democracy
People have direct effects on policy making
Dual Federalism
A system of government in which the states and the national government each remain supreme within their own spheres, each with different powers and policy responsibilities
Elite Democracy
the idea that the top 1% of the country control everything in our society and therefore the democracy is no longer a peoples democracy
some people might say this is a good thing since people don’t know whats good for them
Enumerated Power
Powers of the federal government that are listed explicitly in the Constitution
Factions
Groups such as interest groups that, according to James Madison, arise from the unequal distribution of property or wealth and have the potential to cause instability in government
Federalism
A way of organizing a nation so that two or more levels of government share formal authority over the same area and people
Federalist Papers
A set of 85 essays that advocates ratification of the Constitution and provides insightful commentary on the nature of the new system of government; James Madison, Alexander Hamilton, and John Jay
Federalists
Supporters of the U.S. Constitution at the time the states were contemplating its adoption
Federal Revenue Sharing
Federal Government sharing the money they get with the states
Fiscal Federalism
The pattern of spending, taxing, and providing grants in the federal system
it is the cornerstone of the national government’s relations ith state and local governments
Hyperpluralism
A theory of American democracy contending that interest groups are so strong that government, which gives in to the many different groups, is thereby weakened
Implied Powers
Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the statement in the Constitution that Congress has the power to “make all laws necessary and proper for carrying into execution” the powers enumerated in Article I
Inherent Powers
powers that the government might need to have just because it is a government (borders, immigration, etc)
Judicial Review
the power of the courts to determine whether acts of Congress and those of the executive branch are in accord with the U.S. Constitution
established by Marbury v. Madison
Limited Government
the idea that certain restrictions should be placed on government to protect the natural rights of citizens
Linkage Institution
the political channels through which people’s concerns become political issues on the government’s policy agenda
includes elections, political parties, interest groups, and the media
Mandates (and unfunded mandates)
a federal regulation or law that requires state and local governments to take specific actions or implement particular policies
sometimes states are asked to enforce these regulations without proper/extra funding
Natural Rights
rights inherent in human beings, not dependent on governments, including life, liberty, and property (John Locke)
Participatory Democracy
citizens are involved in policy-making through feedback, consultation, or specific citizen groups but do not hold final decision-making power
Pluralist Democracy
multiple issues/groups are competing for time on the political agenda, which creates compromises that help everybody (positive)
Police Powers
laws and regulations that promote health, safety, and morals
Policy Agenda
the issues that attract the serious attention of public officials and other people involved in politics at a point in time
Popular Sovereignty
The principle that the government's authority comes from its people, who hold ultimate power and give their consent to be governed
The government is only legitimate if the people let it be
Republic
a form of government in which the people select representatives to govern them and make laws
Reserved Powers
if a power isn’t delegated to the national government, or denied from the states, then the power is given to the states (10th amendment)
Separation of Powers
a feature of the Constitution that requires the three branches of government - executive, legislative, and judicial - to be relatively independent of each other so that one cannot control the others
power is shared
Shays’ Rebellion
A series of attacks on courthouses by a small band of farmers led by Revolutionary War captain Daniel Shays to block foreclosure proceedings
realized they needed a stronger national government
Social Contract
where people have to give up some power to the government in exchange for their rights to be protected, and society to stay ordered
Supermajority
a voting requirement where the majority of people have to vote for a certain bill to be passed (2/3 or 3/5 not just half)
Unicameral Legislature
when the government’s legislature has one chamber/house unlike a bicameral system
Unitary Government
a central government that holds supreme power in a nation
most national governments today are unitary governments
Marbury V. Madison (1803)
William Marbury vs. James Madison (Secretary of State)
Decided by the Marshall Court
Right before Thomas Jefferson became President, John Adams passed The Judiciary Act of 1801 to appoint more judges (16 new circuit judges and 42 new justices of peace) but they weren’t valid until their commissions were delivered by the Secretary of State. Madison refused to deliver them.
Conclusions: Madison’s act was illegal, but he was not ordered to hand it over. Instead, Marbury bringing the claim to the Supreme court through the Judiciary Act of 1789 was unconstitutional.
The Judiciary Act of 1789 was unconstitutional establishing the principle of judicial review.
McCulloch v. Maryland (1819)
Decided by the Marshall Court
In 1816 Congress chartered the Second Bank of the US, in which Maryland tried to tax it. McCulloch (the cashier of the Baltimore branch) refused to pay the tax. Maryland argued that the bank was unconstitutional since the constitution didn’t directly say the federal government could charter a bank.
Conclusion: Congress can charter a bank and Maryland can’t tax it. Laws made in pursuance of the Constitution (Elastic Clause) are supreme and can’t be controlled by the states.
Gibbons vs. Ogden (1824)
Thomas Gibbons (steamboat owner that did business across New York and New Jersey under a federal coast license) and Aaron Ogden (Gibbons and Ogden formed a partnership)
Decided by the Marshall Court
Fell apart when Gibbons operated another steamboat on a route belonging to the Ogden.
Constitution: The power to control the routes are reserved for Congress, therefore New York and Ogden can’t interfere.
United States v. Lopez
Decided by the Rehnquist Court'
Lopez carried a concealed weapon into his high school and was charged under Texas law. The next day the charged were dropped and he war charged with a federal criminal statute (Gun-Free School Zones Act of 1990). He was found guilty.
Conclusion: The Gun-Free School Zones Act of 1990 was an overreach of the Federal Governments power to monitor interstate commerce.
United States v. Morrison (2000)
Decided by the Rehnquist Court
At Virginia Polytechnic Institute Christy Brzonkala said that Antonio Morrison and James Crawford raped her. She filed a complaint under the schools sexual assault policy and Morrison was found guilty/punished. An appeal through the universities administrative system was appealed and Brzonkala dropped out and sued them on the lines of the Violence Against Women Act of 1994 (VAWA) section 13981. Morrison and Crawford said that 13981 was unconstitutional under the Commerce Clause.
Conclusion: Determined that Congress overstepped its authority under the Commerce Clause by trying to create a federal civil remedy for Gender-Motivated Violence. Victims of gender-motivated violence can’t sue.
Civil Rights Act of 1964
Ended Segregation in Public Places
Banned employment discrimination on the basis of race, color, religion, sex, or national origin.
National Minimum Drinking Age Act of 1984
Doesn’t allow anyone under 21 years of age to purchase or publicly posses alcoholic beverages as a condition of receiving state highway funds.
Americans with Disabilities Act (1990)
Prohibits discrimination against individuals with disabilities in areas of public life like jobs, schools, and transportation.
Unfunded Mandates Reform Act of 1995
Wanted to avoid imposing unfunded mandates on state, local, and tribal governments, or the private sector.
Aimed to prevent the government from imposing mandates without providing the necessary funds
Personal Responsibility and Work Opportunity Reconciliation Act (Welfare Reform Act of 1996)
Gave more Block Grants to the States, giving States more control and more responsibilities
Aimed to move families from welfare to work
Imposed time limits on benefits, requiring work for recipients, strengthening child support enforcement, and increasing funding on childcare
Limited access to other public benefits for immigrants
No Child Left Behind (2002)
Required states to develop assessments for basic skills in order to receive funding
Each State develops their own standards
Expanded the federal role in education through annual testing/academic progress, report cards, and teacher qualifications
Significant changes in education funding
Every Student Succeeds Act (2015)
Replaced the No Child Left Behind Act
Retained the standardized testing requirement but moved the federal accountability aspect to the states, by the making them submit an accountability plan to the education department.
Violence Against Women Act of 1994
Provides resources and implements comprehensive strategies to combat domestic violence, sexual assault, stalking, and dating violence
Also includes protections for victims of sexual assault and domestic violence in public housing and establishes requirements to ensure the safety of battered immigrant women.
Commerce Clause
Grants congress the power to regulate commerce with foreign nations, among the states, and with Native American Tribes
Elastic Clause (Necessary and Proper Clause)
Gives Congress the power to make laws that are necessary and proper for carrying out its enumerated powers.
Writ of Habeas Corpus
Demands that a prisoner is brought before a judge to determine if their detention is lawful.
Bill of Attainder Clause
Prohibits Federal and State governments from passing laws that legislatively guilt/punish specific individuals or groups without a judicial trial.
Ex Post Facto Clause
Doesn’t allow the government to punish actions that were legal when committed, increase punishment for past crimes, or alter rules of evidence to disadvantage the accused after the fact.
Contracts Clause
States can’t enter a treaty, alliance, or confederation with another state
Can’t have letters of marque and reprisal (legal documents that authorize private citizens to attack/seize the property of a foreign state or its citizens
Can’t coin money/generate a large amount of money; issue paper currency
Can’t grant a title of nobility
Can’t pass any Bill of Attainder, Ex Post Facto Law, or Law impairing the obligation of contracts
Full Faith and Credit Clause
Requires states to respect the legal processes of other states
Privileges and Immunities Clause
Citizens are entitled to a set of privileges regardless of which state they are in
Extradition Clause
A person charged with a crime in one state who fled to another state has to be delivered back to the state they fled from
Supremacy Clause
The Constitution is the supreme law of the land
Reserved Power Clause
Any powers not specifically delegated to the federal government nor prohibited to the states are reserved to the states or to the people at large
Preambles Six Principles
Form a More Perfect Union
Establish Justice
Ensure Domestic Tranquility (peace and quiet within a country's borders)
Provide for the Common Defense (responsibility to protect the entire nation and all its citizens from external threats)
Promote the General Welfare
Secure the Blessings of Liberty for Current and Future Generations