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Articles of Confederation
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.
Shays' Rebellion
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.
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
A way of dividing the power of government among the legislative, executive, and judicial branch to prevent tyranny.
Popular sovereignty
A government in which the people rule by their own consent.
Bicameral
A legislature consisting of two parts, or houses with separate rules
Federalists
Those who favored a stronger national government and weaker state governments. Supported the ratification of the Constitution.
Anti-Federalist
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.
Federalism
A system of government in which power and responsibilty is divided between the federal and state governments
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.
(ex. McCulloch v. Maryland)
Virginia Plan
Initial proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature dominated by the big states.
New Jersey Plan
Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally.
Connecticut or Great Compromise
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.
Republican Democracy (Republic)
Format chosen by Founding Fathers. People vote for representatives who then make laws. People do not vote directly on legislation.
Three Fifths Clause / Compromise
slave counted as 3/5 of a person for population counts to determine how many representatives.
Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.
Bill of Rights
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.
Elastic clause
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.
Commerce 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- including the regulation of the environment and civil rights.
Concurrent powers
Powers held jointly by the national and state governments. For example, the powers to tax, pass laws and borrow funds
Cooperative Federalism
A system of government in which powers and policy assignments are shared between states and the national government. Often referred to as "marble cake"
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.
Expressed Powers/Enumerated powers
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.
Implied 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
Inherent powers
powers that exist for the national government because the government is sovereign. Ex: The Louisiana Purchase
Reserved Powers
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.
Unitary System
A government that gives all key powers to the national or central government
Block grants
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.
Categorical 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.
Devolution Revolution
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
The 10th Amendment
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.
Federal mandate
An order given by the federal government that states must follow and pay for
Interstate commerce
Commerce between different states, can be regulated by Congress.
Full Faith and Credit Clause
requires state courts to enforce that civil judgments of the courts of other states and accept their public records and acts as valid.
Tyranny of the majority
Madison was most concerned with this aspect of the new government
fiscal federalism
project grants, formula grants, block grants are all examples of
formal amendment process
proposal by two-thirds vote of national convention called by Congress at the request of two-thirds of state legislatures followed by passage by three-quarters of special state conventions.
extradition
process of returning a fugitive from justice to the state in which the crime occured
exclusive powers
Powers that only the national government have
privileges and immunities clause
prevents a state from treating citizens of other states in a discriminatory manner.
project grant
type of categorical grant which requires a competitive application process
Federalist Paper #10
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.
McCulloch v. Maryland (1819)
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
Brutus I
-an Antifederalist series of essays designed to encourage New Yorkers to reject the proposed Constitution
-the immense power of the federal government requires the people to sacrifice their liberties
-a bill of rights was necessary to protect the people from the government
-Congress possesses far too much power: taxation, standing army, taxes, Elastic Clause
-a free republic cannot exist in such a large territory as the United States
-Judicial authority will broaden federal gov't's power (thus, tyranny)
Federalist #51
•Written by James Madison
•Defines the relationship among the three branches of government as independent.
•To stay independent, no branch should have total power to choose members of the other branches
•By creating a bicameral legislature, it protects the people from legislative tyranny
•Explains that each branch of government should be selected in different ways
Federalist #10
An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.
Federalist #70
states that it is easier and more effective to have a singular "energetic" executive rather than a plural one
Federalist #78
argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches
Enumerated powers
Powers given to the national government alone
Implied Powers
powers that congress has that are not stated explicitly in the constitution from Necessary and Proper Clause
10th Amendment
The powers 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.
U.S. v Lopez
Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.
popular sovereignty
A belief that ultimate power resides in the people.
republicanism
A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of the governed.
limited government
A principle of constitutional government; a government whose powers are defined and limited by a constitution.
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
inalienable rights
Found in the Declaration of Independence. Life, Liberty, and the Pursuit of Happiness.
social contract
A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.
Articles of Confederation
A weak constitution that governed America during the Revolutionary War.
"ambition must be made to counteract ambition"
Federalist 51
"energetic executive"
Ability to act quickly when necessary- Federalist 70
Elite Democracy
a theory of democracy that limits the citizens' role to choosing among competing leaders
Pluralist Democracy
a theory of democracy that holds that citizen membership in groups is the key to political power
Participatory Democracy
a theory of democracy that holds that citizens should actively and directly control all aspects of their lives
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.
Defense of Marriage Act
(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage
Fiscal Federalism
Federal government using money (grants) to influence & control states.
block grants
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services
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.
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.
unfunded mandates
Programs that the Federal government requires States to implement without Federal funding.
categorical grants
Federal grants for specific purposes, such as building an airport