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Thomas Hobbes
John Locke
expanded Hobbes’ social contract
Baron de Montesquieu
seperation of powers
Great Compromise
combined Virginia + New Jersey plan
reserved powers
state powers
Magna Carta
limited royal power (even king is subjected to law)
Virginia’s House of Burgesses
representative democracy
US v Lopez
pulled back Congress’s power by using Commerce Clause powers
Dual (layer-cake) federalism
powers do NOT overlap
Cooperative (marble-cake) federalism
Funded / Unfunded Mandates
rules of what states MUST do regardless of getting money or not
Revenue sharing
federal money to the states with NO strings attached
Devolution
attempt to give some power back to the states
Pluralist theory
power rests in the hands of people
Toll good
good that is available but is only used by those who can afford it
ex: private schooling
Supremacy Clause
federal law is superior to state law
Crosscutting mandate
failure to comply w these mandates results in criminal + civil penalties like reduction of federal grants, prosecution of officers
ex: racial discrimination laws
Unfunded Mandates Reform Act (UMRA)
restrain federal gov’s use of mandate
placed greater scrunity on Unfunded Mandates by the federal gov