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Advice and consent
Formal approval on presidential appointments
Anti-federalist
Argued for a truly federal government, feared strong executive and Congress' power to tax
Articles of Confederation
Series of statements that defined the initial national government and redefined the former colonies as states
Bicameral
Two house legislature
Bill of Rights
Includes many essential rights, most of which were violated under the oppressive British regime
Checks and balances
Limiting powers each branch can use on others
Commerce clause
Empowers Congress to regulate commerce with other nations and among the several states
Declaration of Independence
Official statement to summarize the colonists' views that justified the break from Britain and proclaimed reasons for independence
Electoral College
Each state would have same number of electors as representatives and people who vote for electors to choose the president
Elite democracy
Elected representatives to make decisions and acts as trustees for the people who elected them. Elites, people with power and money, dominate.
Enumerated powers
Power to tax, borrow money, raise an army, create a postal system, address piracy on the seas, and define the immigration and naturalization process and a few others
Extradition
Return fugitives to states where they had committed crimes and runaway slaves to states they had fled
Federalist Papers
Authors writing to assure citizens that they had created a federal system and that states had not lost their importance. Allay fears that the Constitution would subject people in the states to abuses by new government
Federalism
Balance of power among a central/national authority/government and state/regional authority. Assures a limited government.
Federalist
Endorsed the Constitution
Full faith and credit clause
Requires states to be open about their laws and encourages states to respect one another's laws. States cannot favor their citizens over others
Grand Committee
The matter of representation was referred to a committee made up of one delegate from each state at the convention
Great Compromise
Created a two-house composed of a House of Representatives and a SEnate
House of Representatives
From Congress, seats awarded based on population and those wanting equal representation
Impeachment
Accusation, an indictment of wrongdoing
James Madison
Influenced the creation of the Constitution, strong supporter of Constitution, wrote Federalist Papers, nickname is Father of the Constitution
Judicial Review
Courts can deem an act of legislature unconstitutional when deciding a case
National supremacy/supremacy clause
Makes certain all states must adhere to the Constitution
Natural law
Law of God and acknowledge through human sense and reason. People were born free and equal. Right to rebel when rulers did not respect consent of governed
Necessary and proper (elastic) clause
Congress shall have power to make all laws which shall be necessary and proper for carrying into execution for foregoing powers
New Jersey Plan
States would retain sovereignty, national legislature would have only limited and defined powers, no national courts
Participatory democracy
Direct participation of many. People vote directly for laws and other matters that affect them
Pluralist democracy
Nongovernmental groups organize to try to exert influence on political decision making in interest groups
Pocket veto
When a president refuses to sign a bill at the end of a legislative session
Popular sovereignty
The people as ultimate ruling authority
Preamble
Constitution's mission statement that starts with "we the people" and outlines the purpose of the new government including "establishing justice" and providing for a "common defense"
Representative republic
A collection of sovereign states gathered for the national interest, national needs, and national defense
Republicanism
People elect representatives who are responsible to make and carry out laws
Reserved powers
Not specifically listed and thus any powers not mentioned remain with the states
Senate
Two senators from each state regardless of state's size
Separation of powers
Defining the distinct responsibilities and limits of each branch to keep any one branch from becoming too powerful
Social contract
Contact between democratic government and the people. If a government violated the contract, people take that power back
Three-Fifths Compromise
Northern and southern delegates agreed to count only three of evert five slaves to determine representation in the House
Two-thirds override
If a president vetoes a bill, Congress, each house acting separately, can reverse the veto with two-thirds super majority vote in each house
USA PATRIOT Act
Law covered intelligence gathering and sharing by executive branch agencies, points of criminal procedure and border protection after 9/11 attacks
Veto
Presidential power to reject a bill
Virginia Plan
Created a three-branch system of government by 15 resolves, becomes blueprint for the Constitution
Block grants
Congress offers larger sums of money to states to take care of large purpose without any strings
Categorical grants
Federal government offers money as long as states follow federal guidelines
Compact theory
The states created the national government and could judge whether federal authorities broke the compact(contract) by overstepping their limited authority
Concurrent powers
Powers held both by state and federal
Conditions of aid/strings
Specific requirements attached to categorical grants
Cooperative federalism/ Fiscal federalism/ Revenue sharing
Congress distributes federal tax revenues to states to take care of particular national concerns
Delegated powers
Expressed powers in the Constitution
Devolution
Devolving some responsibilities assumed by the federal government back to the states
Dual federalism
National government is supreme in its sphere and the states are equally supreme in their own sphere
Federal income tax
Expanded Congress’ reach of regulation in order to tax
Grants-in-aid
Federal funds given to states to address basic needs but come in different forms with different requirements
Implied powers
Powers not specifically listed in the Constitution but deriving from the elastic clause
Mandates
Require states to comply with a federal directive, sometimes with reward of funds and sometimes without
Marble cake federalism
Federal, state, local governments, and even private groups share federal money with interrelated goals
McCulloch v. Maryland
Banking is part of the federal government’s business and appropriate under the necessary and proper clause
New Federalism
Transferring certain powers from the federal government back to the states
Nullification
Gave states the right to declare null and void and federal law states thought violated the Constitution
Police powers
States have powers to create and enforce laws on health, safety, and morals
Privileges and immunities clause
Protects rights of individual citizens and restricts states from discriminating against out of state citizens
Selective exclusiveness
Doctrine asserting that Congress may regulate when a commodity requires national uniformity
Strict constructionist
Someone who believes the Constitution should be interpreted literally
Strings
Specific requirements attached
Unitary government
Single governing authority in a central capital uniform law throughout the land
United States v. Lopez
A gun near school property does not have an impact on interstate commerce and is not covered by the commerce clause
Whiskey Rebellion
Controversy over federal tax on whiskey distillers that required military force to end. Questioned growing federal power
Article I
Legislative branch, Congress, make laws
Article II
Executive branch, President, enforce laws
Article III
Judicial branch, Supreme court, interpret laws
Article IV
States and their relationship with national government
Article V
How to add amendments
Article VI
Constitution is the supreme law of the land
Article VII
How to ratify the constitution
1st
5 freedoms: Speech, Petition, Religion, Assembly, Press
2nd
Right to bear arms
3rd
Against quartering troops
4th
Against unlawful search and seizure
5th
Rights of accused: formal charges, against double jeopardy and self-incrimination
6th
Right to speedy, fair trail and lawyer
7th
Right to civil suits (suing but not criminal)
8th
Against unreasonable bail or punishment
9th
Any other rights reserved to the people
10th
Powers reserved to the states
11th
States sued in own courts
12th
President and Vice President on separate ballots
13th
Abolished slavery
14th
Defines citizens, right to due process for all, equal protection for all
15th
No racial discrimination for voting
16th
Income tax allowed
17th
Direct vote for senators
18th
Alcohol prohibited
19th
Women can vote
20th
“Lame duck amendment” and changes date for presidential term
21st
Alcohol allowed
22nd
President is limited to two terms
23rd
Citizens of Washington, D.C. can vote for president
24th
No poll tax
25th
Presidential succession and disability
26th
18-year-olds may vote