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1st Amendment
Freedom of religion, petition, speech, press, and assembly
2nd Amendment
Right to bear arms (it's just the 2 of us in this world, me and my gun)
3rd Amendment
Permission needed to quarter troops in private homes (wife, husband, and soldier in a single house)
4th Amendment
Freedom from unreasonable searches and seizures (police are such squares trying to look for illegal items)
5th Amendment
(1) No Self-Incrimination
(2) No Double Jeopardy
(3) "due process of law" (fair treatment)
6th Amendment
7th Amendment
8th Amendment
cruel and unusual punishment
9th Amendment
ensures that the listing of specific rights in the Constitution does not mean that other, unlisted rights can be denied (9 is a square number, so the dot in the middle is being protected like unlisted rights are being protected)
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 (50 states, 10 is a factor of 50)
14th Amendment
All persons born in the U.S. are citizens
15th Amendment
States cannot deny any person the right to vote because of race.
16th Amendment
Power of Congress to tax income
17th Amendment
Established the direct election of senators by state citizens (instead of being chosen by state legislatures)
22nd Amendment
Limits the president to two terms or 10 years (22, as in 2 terms and two years because a term is 4 years and there can be up to 10 years in office, meaning there is the possibility of another 2 years in office in addition to the 2 terms spanning 8 years)
24th Amendment
Abolishes poll taxes
26th Amendment
States cannot deny the right to vote based on age (18+) (18x2 = 36, which is kind of like 26)
expressed/delegated powers
power explicitly granted in the constitution
reserved powers
powers not explicitly granted to federal government passed to states
concurrent powers
powers federal and state governments share
"necessary and proper" clause (elastic)
Ability to make laws beyond constitution deemed necessary to protect other laws
"supremacy" clause
Federal law is more important than state/local law
"full faith and credit" clause
States must respect fellow state laws
inherent powers
powers not written but naturally granted as a sovereign nation
implied powers
unwritten powers related to written ones
forbidden powers
Powers specifically denied to the government by the constitution
nullification
States invalidating "unconstitutional" federal laws.
dual federalism
Doctrine holding that the national government is supreme in its sphere, the states are supreme in theirs, and the two spheres should be kept separate
cooperative federalism
Cooperation among federal, state, & local governments
vertical federalism
The hierarchical distribution of power between the national government and state governments.
horizontal federalism
Cooperative relationship between national and state governments.
Permissive federalism
although federalism is a share of power, the state's share of it rests upon the permission of the national government
fiscal federalism
Federal government using money (grants) to influence & control states.
New Federalism (Devolution)
The process of giving power back to the states
regulation
a rule or directive made and maintained by the government
initiative
A procedure by which voters can propose a law or a constitutional amendment on state ballots
referendum
second step of initiative, voters can approve or deny legislation/amendments on state ballot
recall
procedure whereby people vote to remove an elected official from office
grants-in-aid
money given by the national government to the states (umbrella term for categorical aid and block grants)
categorical aid
federal funding to states for specific programs
block grants
federal funding to states for general programs
mandate
an authoritative command to a lower government
9th amendment
protection of unwritten/implied rights
10th amendment
The powers not delegated to the federal government by the Constitution, nor prohibited by it to the States, are reserved to the States respectively
11th amendment
One State cannot be sued by another state
Marbury v. Madison background
William Marbury and others were commissioned as judges by Federalist president John Adams during his last days in office. This act angered the New Democratic-Republican president, Thomas Jefferson. Jefferson ordered his secretary of state, James Madison, not to deliver the commissions. Marbury took advantage of a section in the Judiciary Act of 1789 that allowed him to take his case directly to the Supreme Court. He sued Madison, demanding the commission and the judgeship.
Marbury v. Madison result
Marbury has a right to his commission but the court can't force him to be seated since that power is unconstitutional, established judicial review
McCulloch v. Maryland
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
Chislom v. Georgia
states can sue each other, overwritten by 11th amendment
charter
Document of legitimacy for institution
Dillon's Rule
local governments can exercise only the powers granted to them by state government
judicial review
Allows the court to determine the constitutionality of laws
political culture
commonly shared attitudes, beliefs, and core values about how government should operate
political efficacy
The belief that one's political participation makes a difference.
orthodox
adhering to the traditional and established, especially in religion
progressive
seeking reform and an escape from corruption, more concerned about social issues than religion
New York Times Co. v. US Background
The NYT leaked the Pentagon Papers and Nixon brought the issue to court to try and stop them and protect national security.
New York Times Co. v. US Result
The court decided, through freedom of press, that NYT could keep the Pentagon Papers public since it didn't actually pose any concrete danger for national security. Case set a precedent of putting a limit on the government's ability to use censorship.
Unitary Government
centralized single power over all
Confederation Government
weak central power, strong states
Federal Government
Powers are divided between a central government and several local governments
evolutionary origins of the state/nation theory
government based on traditional family structure
force origins of the state/nation theory
small group coerces to take power with force
divine right origins of the state/nation theory
ruler chosen by higher power
social contract origins of the state/nation theory
freedom exchanged for protection/order (ex. America because of representatives)
politics
the effort to control or influence the conduct and policies of government
authority
the right to use power
political agenda
a list of issues that need government attention
Popular Sovereignty
Rule by the people through voting
monarchy
single royal person holds all power
autocracy
single person holds all power
oligarchy
wealthy small group holds all power
anarchy
absence of government and chaos
democracy
people hold decision-making power
direct democracy
citizens rule directly and not through representatives
indirect democracy
gives citizens the opportunity to vote for representatives who work on their behalf
representative democracy (form of representative democracy)
will of people through representatives
participatory democracy (form of representative democracy)
representatives and people vote directly on issues
pluralist democracy (form of representative democracy)
multiple groups influence representatives
elite democracy (form of representative democracy)
privileged groups of people influence representatives
class theory of government influence view
power dominated by wealthy elites
power elite theory of government influence view
power dominated by government workers
bureaucratic theory of government influence view
power dominated through negotiations within government
pluralist theory of government influence view
multiple groups compete for power
creedal theory of government influence view
decisions made from morally passionate elites
bureaucrat
career government employee who enforces laws
plurality
the candidate who receives the most votes win, doesn't matter if they didn't get the majority vote (ex. some registered voters might have ignored the election)
John Locke
people have natural rights to life, liberty and property, and a social contract should be followed (representatives for the people)
Charles Montesquieu
governments should be divided into three separate branches
John Adams "Real Revolution"
colonists shifting their ideologies towards independence
Declaration of Independence
proclamation of the second Continental Congress (4 July 1776) asserting the independence of the 13 colonies from Great Britain
First and Second Continental Congress
First: Response to the Intolerable acts, agreed to an economic boycott of Great Britain, sent a petition to the king. Second: Met after the Revolutionary war had begun. Established the Continental Army, coordinated the war, issued the Declaration of Independence, and designed the Articles of Confederation.
Annapolis Convention
Only 5 states attended. Originally planning to discuss the promotion of interstate commerce, and ended up suggesting a convention to amend the weak Articles of Confederation
Weakness of Articles of Confederation
Lacked power to enforce laws 2. Lacked power to levy taxes 3. Lacked power to regulate trade among the states 4. Required all 13 states to approve changes to the Articles
U.S. "Critical Period"
time between the end of the Revolutionary War (1783) and the adoption of the Constitution (1789) in which government was unstable/weak under Articles of Confederation