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Federalist No. 70
Written by Alexander Hamilton; addresses the necessity of a strong executive branch to lead the government
Selective Incorporation
Supreme Court established this to limit state regulations of civil rights and liberties, holding that many protections of the Bill of Rights apply to every level of government, not just the federal level
Eighth Amendment
Prohibits the federal government from imposing unduly harsh penalties on criminal defendants, either as the price for obtaining pretrial release or as punishment for crime after conviction
Pluralist Democracy
Model of democracy in which no single group dominates politics and organized groups compete with each other to influence policy
Elite Democracy
Model of democracy in which a small number of people, usually those who are wealthy and well-educated, influence political decision making.
Participatory Democracy
Model of democracy in which citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions
The United States Constitution
Established America's national government and fundamental laws and guaranteed certain basic rights for its citizens
Federalist No. 51
Addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government
Articles of Confederation
Created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments
Virginia Plan
An attempt by the large states to guarantee that large states had political power equal to their large population
Expressed Powers
Powers explicitly named in the Constitution and granted to the federal government
U.S. v. Lopez
Determined Gun-Free School Zones Act of 1990 was unconstitutional because the U.S. Congress, in enacting the legislation, had exceeded its authority under the commerce clause
Extradition
Process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed
Judicial Review
Power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S. Constitution
Full Faith and Credit Clause
Addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings of every other state."
Preemption
The right of a federal law or regulation to preclude enforcement of a state or local law or regulation
National Supremacy
Concept that when conflict occurs between the national government and those of a state or local government, the actions of the federal government prevail
Federalism
Distribution of power in an organization between a central authority and the constituent units
Double Jeopardy
Trial or punishment for the same crime by the same government; forbidden
Eminent Domain
The power of the government to take private property for public use; the U.S. Constitution gives national and state governments this power and requires them to provide just compensation for property so taken
Concurrent Powers
Powers that the Constitution grants to both state and federal governments. These powers may be exercised simultaneously within the same territory and in relation to the same body of citizens. Example: taxes
Necessary and Proper Clause
Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
Commerce Clause
Gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nation
Autocracy
System of government by one person with absolute power
Popular Sovereignty
A belief that ultimate power resides in the people (rule by the people)