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Block Grant
Money granted by the federal government to the states for a broad purpose (e.g., transportation) rather than for a narrow purpose (e.g., school lunch program)
Categorical Grant
Money granted by the federal government to the states for a narrow purpose (e.g., school lunch program) rather than for a narrow purpose (e.g.,transportation)
Commerce Clause
gives Congress the power to regulate commerce among the states, with foreign nations, and among Indian tribes. Granted through Article 1, section 8 of the Constitution.
Concurrent Powers
those held by both Congress and the states, e.g., establishing law enforcement agencies.
Cooperative Federalism
national and state governments work together on complicated projects AKA Fiscal federalism
Elastic Clause
states that Congress can exercise those powers that are "necessary and proper" for carrying out the enumerated powers, e.g., establishment of the first Bank of the United States.
Enumerated Powers
those that are specifically granted to Congress in Article 1, Section 8 of the Constitution, e.g., power to tax. AKA expressed powers
Federalism
constitutional sharing of power between a central government and state governments
Dual Federalism
System in which the national government and state government are coequal, with each being dominant within its respective sphere.
Cooperative Federalism
System in which both federal and state governments cooperate in solving problems
New Federalism
system in which the national government restores greater authority back to the states
Implied Powers
those that are "necessary and proper" to carry out Congress' enumerated powers, and are granted to Congress through the elastic clause
Inherent Powers
foreign policy powers (acquiring territory) held by the national government by virtue of its being a national government
Mandates
Requirements imposed by the national government upon the states. Some are unfunded mandates i.e., they imposed by the national government, but lack funding
Reserved Powers
powers held by the states through the 10th Amendment. Any power not granted to the US government is "reserved" for the states.
Bicameral Legislature
Two house legislature
Checks and Balances
System in which each branch of government can limit the power of the other two branches, e.g., presidential veto of a congressional law
Confederation
system in which sovereign states are only loosely tied to a central government, e.g., the US under the Articles of Confederation.
Direct Democracy
system in which the people rule themselves
Federalist Papers
group of 85 essays written by Madison, Hamilton, and Jay for the purpose of persuading the people of New York to adopt the Constitution
Formal Amendment
a change in the actual wording of the Constitution. Proposed by Congress or national convention, and ratified by the states.
Indirect Democracy
system in which the people are rule by their representatives. Also known as representative democracy, or republic.
Informal Amendment
a change in the meaning, but not the wording, of the Constitution, e.g., through a court decisions such as Brown v. Board.
Judicial Review
power of the courts to rule on the constitutionality of laws and government actions. Established by Marbury v. Madison, 1803.
majority rule
fundamental democratic principle. the majority's view must be respected
Popular Sovereignty
principle in which ultimate political authority rests with the people
Separation of Powers
principle in which the powers of government are separated among three branches: legislative, executive, judicial.
Shay's Rebellion
1786 revolt by Massachusetts farmers seeking relief from debt and foreclosure that was a factor in the calling of the Constitutional Convention
Supermajority
a majority greater than a simple majority of one over half, e.g., 3/5, 2/3.
Unicameral Legislature
One-house legislature
Unitary System
System of government in which all power is invested in a central government.
Marbury v. Madison
1803: established the power of judicial review
MuCulloch v. Maryland
1819: established principle of national supremacy and validity of implied powers
Commerce Clause
Article 1, Section 8, Clause 3
Congress shall have power . . . to regulate commerce with foreign Nations, and among the several States, and with the Indian Tribes.
Translations: Congress can regulate trade between nations, between states, and among Indian tribes.
Elastic clause
Article 1, Section 8, Clause 18
The Congress shall have Power ... To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers ...
Translation: Congress can exercise powers not specifically stated in the Constitution if those powers are "necessary proper" for carrying out its expressed powers that are specifically stated.
Ex Post Facto Clause
Article 1, Section 9, Clause 3
No... ex post facto law shall be passed.
Trnslation: Congress cannot pass a law that punishes a person retroactively, i.e., after the fact. In other words, a preson canont be punished for something he/she did that was not a crime when committed.
Extradition Clause
Article 4, Section 2, Clause 2
A person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.
Trnslation: An accused person who flees to another state must be returned to the state in which he/she allgedly committed the crime
Full Faith and Credit Clause
Article 4, Section 1
Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof.
Translation: A state must recognize the validity of the public acts, records, and the court decisions of other states. For example, a state must recognize as valid the birth certificate issued by another state.
Preamble
We the people of the United States, in order to forma more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare and secure the blessings of liberty to ourselves and our prosperity, do ordain and establish this Constitution for the United States of America
Translation: THis introduction to the Constitution identifies its broad purposes
Privileges & Immunities Clause
Article 4 Section 2 Clause 1
The citizens of each state shall be entitled to all privileges and immunities of citizens in the several states
Translation: A state cannot unreasonably discriminate against citizens of other states
Reserved Power Clause
10th Amendment
The powers are not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
Translation: Any power that is not granted to the national government or denied to the states automatically revers to the state
Supremacy Clause
Article 6 Clause 2
This constitution, and the laws of the United States shall be made in pursuance thereof
Translation: federal law is supreme over state law
Appropriations
money that Congress has allocated to be spent
Appropriations Committee
congressional committee that deals with federal spending
Casework
personal work done by a member of Congress for his constituents
Closed rule
Rules Committee rule that bans amendments to a bill
Cloture
Senate motion to end a filibuster that requires a 3/5 vote
Conference committee
works out a compromise between differing House-Senate versions of a bill
Constituents
the people who are represented by elected officials
Discharge petition
a motion to force a bill to the House floor that has been bottled up in committee
Filibuster
nonstop Senate debate that prevents a bill from coming to a vote
Finance Committee
Senate committee that handles tax bills
Gerrymandering
redrawing district lines to favor one party at the expense of the other
Impeachment
House action that formally changes an official with wrongdoing. Conviction requires 2/3 vote from the Senate
Incumbent
an officeholder seeking reelection. the single most important factor in the congressional election
Legislative oversight
ongoing process of congressional monitoring of the executive branch to ensure that the latter complies with the law
Logrolling (aka reciprocity)
when two members of Congress agree to vote for each other's bill
Mark up
committee action to amend a proposed bill
Open rule
House Rules Committee rule that allows amendments to a bill
Oversight
Congressional review of the activities of an executive agency, department, or office
Packet veto
presidential killing of a bill by inaction after Congress adjourns
Pork barrel
wasteful congressional spending, e.g. funding for a Lawrence Welk museum in North Dakota. Often accomplished with earmarks (by designating within legislation that money is to go to a particular state or district)
Reapportionment
reallocation of House seats to the states on the basis of the changes in state populations, as determined by the census
Redistricting
redrawing of congressional district boundaries by the party in power of the state legislature
Rider or Earmark
amendment to a bill that has little to do with that bill. Also known as a nongermane amendment. Legislation filled with multiple is known as a "Christmas tree bill"
Rules Committee
the "traffic cop" of the House that sets the legislative calendar and issues rules for debate on a bill
senatorial courtesy
tradition in which the President consults with the senators within a state in which an appointment is to be made
Seniority system
tradition in which the Senator from the majority party with the most years of service on a committee becomes the chairman of that committee
Standing committees
the permanent congressional committees that handle legislation
Baker v. Carr (1962)
"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.
Shaw v. Reno (1993)
No racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts
27th Amendment
Congressional Pay (may not take effect immediately)
Bureaucracy
departments, agencies, bureaus, and commissions in the executive branch of government
Constituents
the people who are represented by elected officials
Cabinet
formal body of presidential advisers who head the fifteen executive departments
divided government
government in which one party controls the presidency while another party controls the Congress
Executive agreement
an agreement between the President and another head of state that, unlike a treaty, does not require Senate consent
Executive Order
presidential rule or regulation that has the force of law
Executive privilege
the privilege of a President and his staff to withhold their "privileged" conversations from Congress or the courts, usually for reasons of national security
Iron triangle
an informal association of federal agency, congressional committee, and interest group that is said to have heavy influence over policy making.
Merit system
system of hiring federal workers based upon competitive exams
Patronage
power to appoint loyal party members to federal positions
political appointees
those who have received presidential appointments to office. Contrast with Civil Service employees, who receive federal jobs by competitive exams
Red tape
complex rules and procedures required by bureaucratic agencies
Whistleblower
an employee who exposes unethical or illegal conduct within the federal government or one of its contractors
Pendleton Act
Created the civil service commission to administer a partial merit system in the bureaucracy. classified federal service by grades (appointment to grade made based on results of competitive examination). Made it illegal for appointee to be required to contribute to a particular party (bringing an end to the spoils system)
War Powers Act, 1973
President could send troops overseas to an area where hostilities were imminent only if:
- he notified Congress within 48 hours
- he withdrew troops within 60-90 days
- he consulted with Congress if troops were to engage in combat.
Congress can pass resolution to have troops withdrawn at any time.
U.S. v. Nixon (1974)
Allowed for executive privilege, but not in criminal cases; "Even the President is not above the law;" Watergate.
12th Amendment
Electors receive one ballot for President and one ballot for VP
20th Amendment
"Lame Duck" - Moved inauguration date (and start of Congress) from March to January
22nd Amendment
Term limits - President is limited to two terms of office
25th Amendment
Presidential Disability - Defined replacement procedure for President and Vice President
Appellate jurisdiction
authority of a court to hear an appeal from a lower court
Civil law
concerns non-criminal disputes between private parties; codes of behavior for business and contractual relationships between groups and individuals
concuring opinion
written by a Supreme Court Justice who voted with the majority, but for different reasons
criminal law
Codes of behavior related to the protection of property and individual safety
Dissenting opinion
written by a Supreme Court Justice (or Justices) who express a minority viewpoint in a case
Judicial activitism
philosophy that the courts should take an active role in solving problems
judicial restraint
Philosophy that the court should defer to elected lawmakers in setting policy, and should instead focus on interpreting law rather than making law
Jurisdiction
authority of a court to hear a case