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Articles of Confederation

The compact among the thirteen original states that established the first government of the United States. Was weak and the states had the power. (couldn't tax, too hard to amend, couldn't enforce laws)

Bills of Attainder Laws

Laws that dictated prison sentences for accused who were NOT given a trial. These laws cannot be made!

Writs of assistantance

a document giving a governmental authority the power to search and seize property without restrictions. Abolished in American law, the sue of such writs by the British government was a major issue during some phases of the Revolution

Philadelphia Convention

1787--12 colonies send delegates to revise the Articles of Confederation; Delegates soon agree the United States needs a new Constitution

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. Wanted the legislature to choose the president and the judiciary

NJ Plan

in favor of smaller states. didn't want central gov, unicameral equal representation. congress can regulate trade and tax proposed in opposition of the Virginia plan

Great (Connecticut) Compromise

1) A state's representation in the House of Representatives was to be based on population.
2) The states' representation in the Senate would be equal.

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

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

Faction

A group with a distinct political interest

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures. (large strong national government)

Anti-Federalists

Opponents of the American Constitution at the time when the states were contemplating its adoption. (small central government, state power, weak)

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.

Federalist 10

An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.

Federalist 51

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group. The separation will be clear and distinct since "not all men are angels" the branches will hold each other accountable so their powers aren't taken away or stepped on by another branch

Legitimacy

Political authority conferred by law or by a state or national constitution (a government with consent of the governed)

Democracy

A political system in which the supreme power lies in a body of citizens who can elect people to represent them

Direct Democracy

A form of government in which citizens rule directly and not through representatives

Representative Democracy

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.

equal opportunity

the right to equivalent opportunities for employment regardless of race or color or sex or national origin

Equal Condition

equality in all aspects of life, such as wealth, living standards, medical care, and working conditions

political socialization

the process by which people gain their political attitudes and opinions

political culture

commonly shared attitudes, beliefs, and core values about how government should operate

plurality system

an electoral system in which the winner is the person who gets the most votes

Republic

A form of government in which the people select representatives to govern them and make laws. (use the consent of the governed)

rule of law

No one is above the law

Elitism

A theory of government and politics contending that an upper-class elite will hold most of the power and thus in effect run the government. (what would happen in a small republic according to fed 10)

Pluralism

A theory of government that holds that open, multiple, and competing groups can check the asserted power by any one group. (what a large republic would do with factions according to fed 10)

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.

Liberal

favors extensive government involvement in the economy and the provision of social services and to take an activist role in protecting evolving rights and cultural change.

Conservative

a government is best when it governs least and big government can only infringe on individual, personal, and economic rights

Charles Beard, Economic Interpretation of the Constitution

argues that the structure of the Constitution is motivated by personal financial interests of the elite and that it would only benefit those on top, the little guys wouldn't be represented

Henry Steele Commager

argued that the Constitution was a fulfillment of the Enlightenment and that democracy needs dissent and varying ideas to not form a communistic society.

First Amendment

religion, speech, press, assembly, petition

Second Amendment

Right to bear arms

Fourth Amendment

Protects against unreasonable search and seizure

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Sixth Amendment

A constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.

Seventh Amendment

Right to trial by jury

Eigth Amendment

freedom from excessive bail. freedom from excessive fines and cruel and unusal punishment.

Ninth Amendment

states that people's rights are not limited to just those listed in the Constitution.

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.

Fourteenth Amendment

A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians. (Equal Protection and Due Process)

Fifteenth Amendment

The constitutional amendment adopted in 1870 to extend suffrage to African Americans.

Sixteenth Amendment

The constitutional amendment adopted in 1913 that explicitly permitted Congress to levy an income tax.

Seventeenth Amendment

1913 constitutional amendment allowing American voters to directly elect US senators

Nineteenth Amendment

Women's suffrage

Twenty-second Amendment

Passed in 1951, the amendment that limits presidents to two terms of office.

Twenty-fourth Amendment

The constitutional amendment passed in 1964 that declared poll taxes void in federal elections.

Twenty-fifth Amendment

A 1967 amendment to the Constitution that establishes procedures for filling presidential and vice presidential vacancies and makes provisions for presidential disability.

Twenty-sixth Amendment

lowered the voting age to 18

Twenty-seventh Amendment

banned congress from raising its members salaries right before the next election

Federalism (federal system)

system of government in which the national government and state governments share power and derive all authority from the people

Sovereignty

supreme power or authority

confederation/confederal system

A system in which the state governments are sovereign and the national government may do only what the states permit, states have the ability to leave a confederation whenever they want

unitary system

System of government in which all power is invested in a central government.

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. (Article I, Section 8)

Delegated Powers

Powers specifically given to the federal government by the US Constitution, for example, the authority to print money. (Powers of the national government limited by the 10th Amendment)

Reserved Powers

Powers not specifically granted to the federal government or denied to the states belong to the states and the people

inherent powers

Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community

Necessary and Proper Clause (Elastic Clause)

A clause in Article I, section 8, of the Constitution that gives Congress the power to do whatever it deems necessary and constitutional to meet its enumerated obligations; the basis for the implied powers.

"mischiefs of faction"

A phrase used by James Madison in the Federalist Papers to refer to the threat to the nation's stability that factions could pose.

Devolution

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

Full Faith and Credit Clause

Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.

block grants

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

categorical grants

Federal grants for specific purposes, such as building an airport

Federal mandates

Demands on states to carry out certain policies as a condition of receiving grant money

Unfunded mandates

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

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law (supremacy clause/necessary and proper clause)

Gibbons v. Ogden

Commerce clause case (1824). Decision greatly enlarged Congress' interstate commerce clause power by broadly defining the meaning of "commerce" to include virtually all types of economic activity. (paved the way for many interstate commerce cases)

How does the formal and informal amendment process represent federalism?

The formal amendment process needs majority approval of the states after going through Congressional approval (both aspects of federalism (state and national) play a large role in the confirmation process) and the informal amendments represent people, political or cultural change, allows all citizens to make an impact by influencing acceptance of a social role in society, or by influencing the court to a large decision or by influencing congress to pass a bill

bicameral

A legislature consisting of two parts, or houses

unicameral

One-house legislature (NJ Plan)

Polarization

the presence of increasingly conflicting and divided viewpoints between the Democratic and Republican Parties (makes us more divided and we are moving to the farther end of the spectrums leaving people in the middle or on both sides excluded from the parties)

Congressional redistricting

*Redrawing congressional districts by state legislatures after each census
*Baker v. Carr held that state's districts must be equal in population
*Thus, districts must be redrawn even if no change in number of representatives apportioned to state

Reapportionment

The process of reallocating seats in the House of Representatives every 10 years on the basis of the results of the census.

Malapportionment

drawing the boundaries of legislative districts so that they are unequal in population

Gerrymandering

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

majority-minority districts

In the context of determining representative districts, the process by which a majority of the population is from the minority.

Implied powers

Powers inferred from the express powers that allow Congress to carry out its functions. (necessary and proper clause contributes)

advice and consent

Terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments.

Revenue bills

Tax bills (must originate in the House) to raise money for the government

appropriations bill

a bill that sets money aside for specific spending

Riders

Amendments to bills, often in the form of appropriations, that sometimes have nothing to do with the intent of the bill itself and many times are considered to be pork barrel legislation

Earmarks

Special spending projects that are set aside on behalf of individual members of Congress for their constituents. (funds that an appropriations bill designates for a particular purpose within a state or Congressional district)

pork-barrel legislation

Legislation giving benefits to constituents through sometimes unnecessary of unwise projects within a state or district, to enhance a memeber's chance of reelection

log rolling

a legislator supports a proposal favored by another in return for support of his or hers

junkets

Seemingly unnecessary trips made by members of Congress at the taxpayers expense.

Filibuster

A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.

Cloture rule

Prevents filibustering and ends debate in the Senate, by a 3/5s vote of the Senate

Confirmation hearing

A hearing held by the US Senate to gather information on whether to approve or reject candidates for high federal office who are nominated by the president

Gridlock

An inability to enact legislation because of partisan conflict within Congress or between Congress and the president.

impeachment

An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing "Treason, Bribery, or other high Crimes and Misdemeanors."

legislative oversight

Congress's monitoring of the bureaucracy and its administration of policy, performed mainly through hearings.

franking privilege

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

caucus (party)

A meeting of party members to select delegates backing one or another primary candidate; Iowa was the first, more active party members determine delegates

Whips

Party leaders who work with the majority leader or minority leader to count votes beforehand and lean on waverers whose votes are crucial to a bill favored by the party. (will sometimes threaten to get favor for a bill)

standing committee

A permanent committee established in a legislature, usually focusing on a policy area

Seniority rule

unwritten rule in both houses of Congress reserving the top posts in each chamber, particularly committee chairmanships, for members with the longest records of service

select committee

A temporary legislative committee established for a limited time period and for a special purpose.