Unit One Review

Formal Amendment Process

Article V; the (very difficult) process of adding or deleting words to the constitution (27 times since 1788); propose by 2/3 vote of Congress or Constitutional Convention (never used); ratify by 3/4 vote of state legislators or state convention (only used once)

Informal Amendment Process

Changing the meaning of the Constitution without changing the actual words (which requires a formal amendment through Article V process). Examples = Supreme Court opinions, laws, traditions.

Basic Functions of government

*establishing laws

*public safety

*maintaining order

*providing public services

*defense

*economic activity

*education

Linkage Institutions

The channels through which people's concerns become political issues on the government's policy agenda. In the United States, linkage institutions include elections, political parties, interest groups, and the media.

5 Elements of American Political Culture

1. Liberty.

2. Egalitarianism.

3. Individualism.

4. Laissez-faire.

5. Populism.

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.

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

checks and balances, separation of powers

constitutionally distributed power where the powers overlap so that no branch (legislative, executive or judicial) of government may dominate the other.

Rhode Island Force Act

laws that favor debtors over creditors such as Force acts requiring creditors to accept worthless paper money

Shay's Rebellion (1786)

Armed uprising of western Massachusetts debtors seeking lower taxes and an end to property foreclosures. Though quickly put down, the insurrection inspired fears of "mob rule" among leading Revolutionaries.

Connecticut 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.

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures.

Anti-Federalists

Anti-Federalists rose up as the opponents of the Constitution during the period of ratification. They opposed the Constitution's powerful centralized government, arguing that the Constitution gave too much political, economic, and military control. They instead advocated a decentralized governmental structure that granted most power to the states

formal amendment

change or addition that becomes part of the written language of the Constitution itself through one of four methods set forth in the Constitution

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.

Dual federalism (layer cake 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.

Cooperative Federalism

Cooperation among federal, state, &local govts; "marble cake" federalism

Fiscal Federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.

Article I, Section 8, Clause 18

To make all necessary laws.

(sometimes called the "elastic clause").

expressed powers

Those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the "enumerated powers"

implied powers

Powers inferred from the express powers that allow Congress to carry out its functions.

Tenth 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.

mandate

(n.) an authoritative command, formal order, authorization; (v.) to issue such an order

Funded Mandates

those regulations passed by Congress or issued by regulatory agencies to the states with federal funds to support them

unfunded mandates

Programs that the Federal government requires States to implement without Federal funding.

categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

formula grants

grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive

block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent

Devolution

Transferring responsibility for policies from the federal government to state and local governments.

Marbury vs. Madison

Case in which the supreme court first asserted th power of Judicial review in finding that the congressional statue expanding the Court's original jurisdiction was unconstitutional

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government

Brown v. Board of Education

court found that segregation was a violation of the Equal Protection clause "separate but equal" has no place

Shelby County v. Holder

2013 (5-4 decision) States and localities do not need federal approval to change voting laws.

Wickard v. Filburn

Farmer grew more wheat than allowed because he was being funded by congress. Congress said they could regulate that because even though it was for his personal consumption, it would effect interstate commerce. Expansion of power of the Commerce Clause

Obergefell v. Hodges

Upholds same sex marriage via 14th amendment equal protection clause

USA v Lopez 1995

The law is unconstitutional, is it goes beyond Congress's power under the Commerce Clause.

Exradition

Procedure for returing a person charged with a crime to state where the crime was committed