A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment. Example of an unfunded mandate (fiscal federalism)
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Anti-Federalists
This group 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
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Bicameral legislature
A law making body made of two houses (bi means 2). Example: Congress (our legislature) is made of two house - The House of Representatives and The Senate.
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Bill of attainder
a law that punishes a person accused of a crime without a trial or a fair hearing in court. Congress is prevented from doing this
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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. Reagan used this as part of devolution/new federalism to give more power to the states.
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Categorical grants
Money with strings attached. These grants are funds the federal government gives to state and local governments to spend on specific activities within specific programs. The federal government usually requires localities and states to apply for categorical grants for specific purposes.
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Central government
a form of government in which the national government has most of the power, while the states have little power
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Checks and balance
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
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Clean Air Act (1970)
The law aimed at combating air pollution, by charging the EPA(Environmental Protection Agency) with protecting and improving the quality of the nation's air.
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Commerce Clause
The section of the Constitution in which Congress is given the power to regulate trade among the states and with foreign countries.
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Concurrent powers
powers shared by the state and federal government Ex: power to tax citizens
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Conditions-of-aid
terms set by the national government that states must meet if they are to receive certain federal funds. Part of categorical grants.
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Cooperative federalism
system in which both federal government and state governments cooperate in solving problems. "Marble cake federalism". More recent/modern system. Rose around the time of the great depression, i.e. social security, WPA, helped address state problems with cooperative federalism.
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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. "Layer cake federalism". For much of American history dual federalism was how the governments operated.
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Elastic 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. This is the one which gives Congress power to draft.
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Electoral College
a body of people representing the states of the US, who formally cast votes for the election of the president and vice president.
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Elite democracy
A political system in which the privileged classes acquire the power to decide by a competition for the people's votes and have substantial freedom between elections to rule as they see fit.
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Enumerated powers
Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.
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Ex post facto law
law that makes an act punishable as a crime even if the action was legal at the time it was committed
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Exclusive powers
Those powers that can be exercised by the National Government alone. "Exclusive" to federal government.
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Factions
Political groups that agree on objectives and policies; the origins of political parties. Precursor to modern political parties.
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Federalism/Federal System
system of government in which the national government and state governments share power and derive all authority from the people
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Federalists
Supporters of the U.S. Constitution at the time the states were contemplating its adoption. Supports a strong government.
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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. Carrot and stick for states. For example, national drinking age was technically decided by states but Reagan wanted to reduce teen drunk driving deaths so he withheld 5% of transportation/highway funds from states if they didn't make drinking age 21.
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Formal amendment
a change in the actual wording of the Constitution. Proposed by Congress or national convention, and ratified by the states.
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Full Faith and Credit Clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state. For example if you get married in Virginia and go to Maine, Maine still has to consider you married.
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Grants
money given by the national government to the states
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Great (Connecticut) Compromise
Plan to have a popularly elected House based on state population and a state-selected Senate, with two members for each state. Compromise between the Virginia (good for big states, population = more votes, bicameral legislature) and the New Jersey (good for small states, 1 vote per state, unicameral legislature) plans.
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Implied powers
Powers inferred from the express powers that allow Congress to carry out its functions.
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Incentives
These are often created through laws, regulations, financial subsidies, or tax provisions. They are used as a tool to encourage desired behaviors and to achieve public policy goals.
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Indirect Democracy
a system of government that gives citizens the opportunity to vote for representatives who work on their behalf
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Direct Democracy
A form of government in which citizens rule directly and not through representatives
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Informal amendment
the process by which over time many changes have been made in the Constitution which have not involved any changes in its written words
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Inherent powers
This type of power is not specifically listed in the Constitution, but they grow out of the very existence of the national government. For example, the United States has the power to acquire territory by exploration and/or occupancy. This is primarily because most governments in general claim that right.
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Judicial Review
review by the US Supreme Court of the constitutional validity of a legislative act.
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"Layer Cake" federalism
A type of federalism characterized by a national government exercising its power independently from state governments.
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Limited government
The idea that certain restrictions should be placed on government to protect the natural rights of citizens.
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Mandates
terms set by the national government that states must meet whether or not they accept federal grants
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"Marble Cake" federalism
All levels of government are involved in a variety of issues and programs, rather than a layer cake, or dual federalism, with fixed divisions between layers or levels of government.
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Natural rights
the idea that all humans are born with rights, which include the right to life, liberty, and property
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Necessary and Proper Clause
Constitutional clause that gives congress the power to make all laws "necessary and proper" for executing its powers
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New Federalism/Devolution
The process of giving power back to the states; Reagan (block grants) & Nixon (revenue sharing). Revenue sharing ended with Nixon.
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New Jersey Plan
A constitutional proposal that would have given each state one vote in a new congress. Unicameral Legislature
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Participatory democracy
a theory of democracy that holds that citizens should actively and directly control all aspects of their lives
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Pluralist democracy
This type of system in the American political system is the role that interest groups play in political decisions today. Interest groups are groups of people who attempt to influence policymakers to support their position on a particular common interest or concern.
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Popular sovereignty
A belief that ultimate power resides in the people.
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Privileges and Immunities Clause
Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.
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Ratification
Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty. The constitution needed 9/13 states to ratify it
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Representative democracy
A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.
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Republic
A form of government in which the people select representatives to govern them and make laws.
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Reserved powers
powers that the Constitution does not give to the national government that are kept by the states
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Revenue sharing
A law providing for the distribution of a fixed amount or share of federal tax revenues to the states for spending on almost any government purpose.
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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
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Shay's Rebellion
Rebellion led by Daniel Shays of 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.
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Slave Trade Compromise
The Compromised that congress could not outlaw slave trade for at least 20 years (until 1808). Northerners agreed that no state could stop a fugitive slave from being returned to someone who claimed that slave
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Social contract
A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.
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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.
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Supermajority
any majority that is larger than a simple majority, such as three-fifths, two-thirds, or three-fourths
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Three-Fifths Compromise
Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.
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Unicameral legislature
A legislature with only one legislative chamber, as opposed to a bicameral (two-chamber) legislature, such as the U.S. Congress. Today, Nebraska is the only state in the Union with a unicameral legislature.
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Virginia Plan
James Madison's plan of government, in which states got a number of representatives in Congress based on their population. Bicameral legislature.