APGOPO Complete Study Set (redesign)

Limited Government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

Natural Rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

Social Contract

An agreement between the people and their government signifying their consent to be governed

Popular Sovereignty

A belief that ultimate power resides in the people.

Preamble

Introduction to the Constitution, beginning, "We the People of the United States..."

U.S. Constitution

"The supreme law of the land." Written in 1787 at Philadelphia Convention to replace Articles of Confederation and create stronger central government. Outlines structure & power of 3 branches of national government. Oldest written constitution still in use (but amended 27 times plus myriad informal amendments).

Representative Democracy

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

Participatory Democracy

a system of democracy in which all members of a group or community participate collectively in making major decisions

Pluralist Democracy

a model of democracy that stresses vigorous competition among various interests in a free society

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.

Hyperpluralism

a theory of government and politics contending that groups are so strong that government is weakened

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures.

Anti-Federalists

Anti-Federalists 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

Republic

A form of government in which citizens choose their leaders by voting

Factions

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

Shay's Rebellion

This conflict in Massachusetts caused many to criticize the Articles of Confederation and admit the weak central government was not working; uprising led by Daniel Shays in an effort to prevent courts from foreclosing on the farms of those who could not pay the taxes

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.

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. This plan favored small states.

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.

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.

Slave Trade Compromise

Prohibited Congress from making any law concerning the importation of slaves for 20 years.

Electoral College

A group of people named by each state legislature to select the president and vice president

Article IV

part of the constitution that outlines the relationship among the states and between the national government and the states

Amendment process

Proposal: 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. Ratification: amendment ratified by 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states THEN the new amendment!

Article VI

Supremacy Clause

Article VII

part of the constitution that describes Ratification of the Constitution

Article I

part of the constitution that Establishes the Legislative Branch

Article II

part of the constitution that Establishes the Executive Branch

Article III

part of the constitution that Establishes the Judicial Branch

Ratification

Formal approval

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

Tyranny of the Majority

The potential of a majority to monopolize power for its own gain to the detriment of minority rights and interests.

Federalism

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

Exclusive powers

Those powers that can be exercised by the National Government alone

Judicial power

the power to interpret laws, to determine their meaning, and to settle disputes that arise within the society

Legislative power

the power to make a law and to frame public policies

Executive power

the power to execute, enforce, and administer law

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.

cooperative federalism

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.

Layer Cake federalism

federalism characterized by a national government exercising its power independently from state governments.

Marble cake federalism

Conceives of federalism as a marble cake in which 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.

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.

Grants in aid

programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government

incentives

a positive or negative environmental stimulus that motivates behavior; the granting of funding to promote a federal objective

conditions of aid

terms set by the national government that states must meet if they are to receive certain federal funds

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.

mandates

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

categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

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

enumerated powers

The powers explicitly given to Congress in the Constitution.

inherent powers

The powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government.

statute

a written law passed by a legislative body

ordinance

a local law

initiative

A procedure by which voters can propose a law or a constitutional amendment (participatory democracy)

recall

procedure whereby voters can remove an elected official from office (participatory democracy)

referendum

a legislative act is referred for final approval to a popular vote by the electorate (participatory democracy)

McCulloch v. Maryland (1819)

Established national supremacy; established implied powers; use of elastic clause; state unable to tax fed. Institution; John Marshall; "the power to tax involves the power to destroy."

elastic clause (necessary and proper 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.

full faith and credit clause

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

privileges and immunities clause

prevents a state from treating citizens of other states in a discriminatory manner.

extradition clause

Part of Article IV of the Constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial.

John Locke

17th century English philosopher who opposed the Divine Right of Kings and who asserted that people have a natural right to life, liberty, and property.

James Madison

"Father of the Constitution," Federalist leader, and fourth President of the United States.

formula grants

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

conservative

A person who believes government power, particularly in the economy, should be limited in order to maximize individual freedom.

liberal

A person who believes government power, particularly in the social/political realm, should be limited in order to maximize individual freedom.

authoritarian

A style of government characterized by submission to authority. It tends to opposed individualism and democracy. In its most extreme cases it is one in which political power is concentrated in a leader or leaders, who possess exclusive, unaccountable, and arbitrary power.

libertarian

Person who believes the government should be as small and interfere with people's life as little as possible.

Democratic Party

Liberal political party in the United States

Republican Party

Conservative political party in the United States

public policy

A choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem.

government

The institution through which a society makes and enforces its public policies

policy agenda

The issues that attract the serious attention of public officials and other people actively involved in politics at the time.

consent of the governed

The idea that government derives its authority by sanction of the people.

unitary system

A government that gives all key powers to the national or central government

federal system

A government that divides the powers of government between the national government and state or provincial governments

confederation

an alliance of independent states

devolution

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

project grants

Federal categorical grant given for specific purposes and awarded on the basis of the merits of applications.

Expressed Powers

Powers that are specifically listed in the Constitution as belonging to the national government. These are found in Articles I-III of the Constitution.

Implied Powers

Powers which are not directly stated in the Constitution, but are inferred from other language, or directly through the necessary and proper clause of the Constitution. An example would be the power to institute the draft in order to raise a military.

Delegated Powers

A way of defining power based on which branch of government holds that power. For example, executive power is given to the President and Vice President. Legislative power is given to the Congress.

Reserved Powers

Power that is not mentioned in the Constitution is understood to belong to the states. It is mentioned in the 10th Amendment to the Constitution specifically using this term.

Denied Powers

Some powers are specifically forbidden to the government in the Constitution. For example, the power to grant titles of nobility.

Concurrent Powers

Powers that are held by more than one level of government. For example, the power to tax.

Federalist 10

Federalist Paper by James Madison analyzing Montesquieu's theory of the appropriate size of state. Madison believes a large state is suitable because factions are diluted over a large geographic area, allowing for the plurality of opinions and frustration of tyranny of the majority. Largest source of faction is unequal distribution of property.

Federalist 51

Federalist paper by James Madison analyzing the addition of checks and balances to Montesquieu's call for separation of powers. Rests predominantly on states having inserted checks and balances as a way to frustrate the ambition of one branch (or man) by requiring the action of another branch (or man) to accomplish core actions of the office.

Federalist 70

Federalist paper by Alexander Hamilton supporting the idea of the presidency as a branch united in one individual (unitary theory of the presidency) so that the presidency can execute the law quickly and without hesitation while remaining constrained by their sole responsibility for action to the people through elections. The president's energy is essential to good governance, as a multiplicity of executives is inherently weak.

Federalist 78

Federalist paper by Alexander Hamilton alluding to the idea of judicial review as an outgrowth of the court's judicial independence, established through terms of good behavior and set compensation. This is not a threat to the states, as the courts lack the ability to implement their own decisions, instead relying on actions taken by Congress (power of the purse or will) and the Presidency (power of the sword or force). It argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency. Hamilton viewed this as a protection against abuse of power by Congress.

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

Article V

part of the constitution that describes the Amendment process in two steps with two options at each step: Proposal requires 2/3rds acceptance at national level, either in Congress or national convention. Ratification requires 3/4ths acceptance at state level either in state legislature or state conventions.

Amendment I

part of the constitution that describes Freedom of religion, expression, association, and petition

Amendment 2

part of the constitution that describes Right to bear arms for the purpose of a militia

Amendment 3

part of the constitution that describes Ban against quartering of troops

Amendment 4

part of the constitution that describes Ban against unreasonable searches and seizures

Amendment 5

part of the constitution that describes Grand jury guarantee, double jeopardy, ban on being compelled to witness against self, due process, eminent domain

Amendment 6

part of the constitution that describes Right to jury trial

Amendment 8

part of the constitution that describes No excessive bail or cruel and unusual punishment

Amendment 9

part of the constitution that describes Rights retained to the people that are yet to be enumerated or written down