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Decleration of Independence

-a 1776 document stating that the 13 English colonies were a free and independent nation.

-outlines principles of natural rights & Social contract.

Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)

US Constitution

-The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

-contains the bill of rights and is deemed the law of the land.

-Can be ammended

Brutus I

written to discourage ratification of the Constitution, the document examines the major complaints of the Constitution which are: 1.) too much power to national government via implied 2.) specter of the standing army 3.) presidency is too powerful 4.) lack of Bill of Rights 5.) national government rules over too large a nation 6.) courts are too powerful

McCulloch vs. Maryland

Facts: Congress wanted to build a national bank in Maryland, and Maryland wanted to tax the bank.

Principle: Supremecy Clause

Ruling: Maryland Cannot tax the fed govt because of the Supremacy clause of article 6th, paragraph 2, of the united states constitution.

US vs. Lopez

Facts: lopez brought a gun to school; there was a federal law (Gun Free school zone act) and state law that prohibited guns on school property.

Principle: commerce clause (doesn't grant congress infinite pwr to pass anything---> more pwr to states)

-10th amend protects state pwr

Ruling: congress cant prevent carrying guns bc its not an economic activity

10th 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.

3/5ths Compromise

agreement providing that enslaved persons would count as three-fifths of other persons in determining representation in Congress

Amendment Process

step 1: amendment proposed by 2/3 vote of both houses of congress OR a constitutional convention called by congress on petition of 2/3 out of 50 states. THEN amendment ratified by 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states.

Anti-Federalists

people who opposed the Constitution

Block Grant

a large grant given to a state by the federal government with only general spending guidelines

Categorical Grant

Funds provided for a specific and clearly defined purpose.

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Concurrent Powers

powers shared by the national and state governments

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

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. Also known as the great compromise.

Constructionists

One who interprets the constitution literally

Cooperative Federalism

(marble cake) system in which both federal government and state governments cooperate in solving problems

Delegated Powers

Constitutional powers granted solely to the federal government.

Direct Democracy

Government in which citizens vote on laws and select officials directly.

Dual Federalism

(layer cake) both the states and the national government remain supreme within their own spheres, each responsible for some policies.

Devolution

the transfer of powers and responsibilities from the federal government to the states

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.

Elite theory

A theory of government and politics contending that societies are divided along class lines and that an upper-class elite will rule, regardless of the formal niceties of governmental organization.

Enumerated Powers

Powers given to the national government alone

Expressed Powers

powers directly stated in the constitution

Factions

Political groups that agree on objectives and policies; the origins of political parties.

Federalism

A system in which power is divided between the national and state governments

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Indirect Democracy

a system of government that gives citizens the opportunity to vote for representatives who work on their behalf

Mandates

terms set by the national government that states must meet whether or not they accept federal grants

Necessary & Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that 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

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.

Reserved Powers

Powers given to the state government alone

Shays' 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.

Supremacy Clause

Constitution is the supreme law of the land

Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

Fed 51

Checks and balances, separation of powers. "If all men were angels..."

Fed 70

Strong executive does not contradict republican government

Good government= energy (power, influence, flexibility, quick execution of powers- protect national security) in the executive branch

Energy needed to

-carry out laws

-protect property

-prevent anarchy

-national security

-protect liberty

-make quick decisions

-have secrecy

-take action

need energy= energy means unity= unity equals one person

Plurality in CONGRESS good- promotes deliberation

Plurality in executive would slow decision making

Fed 78

life terms (tenure) for judiciary:

-prevent legislative encroachment

-necessary if courts are going to be able to defend the constitution

-Judiciary is naturally weakest of branches

-Judiciary must be independent to rule laws that violate the constitution, unconstitutional

Baker vs Carr

The Supreme Court ruling that all state districts must be equal in population., required that voting district needed to be reapportioned. (one man, one vote)

Shaw vs Reno

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.

Marbury vs Madison

Established judicial review

17th Amendment

Direct election of senators

Apportionment

Distribution of representatives among the states based on the population of each state

Advise and Consent

the power of the senate to approve or disapprove of any of the president's appointments or treaties

Census

the official count of a population

Congress

the legislature of the United States government

Conference Committee

Committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form.

Cloture

A procedure for terminating debate, especially filibusters, in the Senate.

Delegate

A person appointed or elected to represent others

Discharge Petition

Petition that, if signed by majority of the House of Representatives' members, will pry a bill from committee and bring it to the floor for consideration.

divided government

one party controls the White House and another party controls one or both houses of Congress

12th ammendment

Separate elections for President and Vice President.

20th amendment

Congress begins on January 30th; President starts on January 20th

"Lame-duck" Amendment

22nd ammendment

President can only serve two terms.

23rd ammendment

people in D.C have the right to vote

25th amendment

(1) Succession of VP if president dies or become incapable to do his job.(2) if there is no VP, president must appoint one, and congress must approve

1973 War Powers Act

required the president to report to Congress any commitment of American troops

Administrative Adjudication

the application of rules and precedents to specific cases to settle disputes with regulated parties

Administrative discretion

Authority given by Congress to the Federal bureaucracy to use reasonable judgment in implementing the laws.

Appointment Power

The authority vested in the president to fill a government office or position.

Cabinet

A group of advisors to the president.

Amicus Curiae briefs

Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court's decision.

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts

Chief Justice

the highest-ranking justice on the Supreme Court

judicial activism

Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values.

Judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

Earmark

Funds that an appropriations bill designates for a particular purpose within a state or congressional district

Filibuster

A lengthy speech designed to delay or kill the vote on a bill; used only in the Senate

Franking Privilege

Benefit allowing members of Congress to mail letters and other materials postage-free

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

Gridlock

the inability of the government to act because rival parties control different parts of the government

Impeachment

A formal document charging a public official with misconduct in office

joint committee

legislative committee composed of members of both houses

legislative veto

ability of congress to override a presidential decision

oversight

Congressional review of the activities of an executive agency, department, or office.

pork barrel legislation

laws passed by Congress that appropriate money for local federal projects

elctoral college

group of electors from every state for the vote for the president and vice president of the united states

Executive agencies

Federal agencies that are part of the executive branch but outside the structure of cabinet departments. Their heads typically serve at the pleasure of the president and can be removed at the president's discretion.

Executive Agreement

A formal agreement between the U.S. president and the leaders of other nations that does not require Senate approval.

Executive order

A rule issued by the president that has the force of law

Executive Privilege

The power to keep executive communications confidential.

Government Organization

Federal, state, and local government agencies

Implied Powers

Powers not specifically mentioned in the constitution

Regulatory Commission

independent agency created by Congress that can make rules concerning certain activities and bring violators to court

Iron Triangle

The three-way alliance among legislators, bureaucrats, and interest groups to make or preserve policies that benefit their respective interests.

Issue Network

webs of influence between interest groups, policymakers, and policy advocates

Judicial Review

Allows the court to determine the constitutionality of laws

Original Jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

Precedence

rulings of a prior case that pertains to a current case

Rule of Four

At least four additional justices (5 total) of the Supreme Court must vote to consider a case before it can be heard

Senatorial Courtesy

Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work.

President Pro-Tempore

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

Rider

A provision attached to a bill - to which it may or may not be related (germane) - in order to secure its passage or defeat.

Rules Committee

A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the house.

Senate

The Senate is one of the two chambers of the United States Congress, composed of 100 members, with each state represented by two senators. It plays a crucial role in the legislative process, as well as in checks and balances within the federal government, impacting policy decisions and the functioning of democracy.

Speaker of the house

the leader of the majority party who serves as the presiding officer of the House of Representatives

Standing committees

Separate subject-matter committees in each house of Congress that handle bills in different policy areas.