Studied by 21 people
Amendment
The process by which changes may made to the Constitution (Article 5)
American Political Culture
A set of beliefs, customs, traditions, and values that Americans share
Americans with Disabilities Act
A federal mandate that imposed large costs upon states as they had to make "reasonable accommodations" for the disabled
Anti-Federalists
Those opposed to the proposed Constitution who favored stronger state governments over a stronger national government. They also fought for a Bill of Rights to be added to the Constitution
Articles of Confederation
Our 1st government that created a loose union of 13 sovereign states in which the states, not the national government, held the power
Bicameral
A two-house legislature
Bill of Rights
The 1st 10 amendments to the US Constitution. Anti-Federalists insisted this be added to the Constitution
Bills of Attainder
When the legislature declares someone guilty without a trial
Block grants
Grants-in-aid that support "general programs". States have more freedom with these types of grants
Brutus #1
Essay written by the Anti-Federalist Robert Yates arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government
Categorical grants
Grants-in-aid that have strings attached because they are for specific purposes. States have less freedom with these types of grants
Centralists
AKA: Federalists, nationalists, loose constructionists. Believe the Constitution is the supreme law of the land and it should be interpreted liberally/broadly
Checks and balances
A design of government in which each branch has powers that can provide accountability for the other branches when using their constitutional authority
Commerce Clause
Grants Congress the authority to regulate interstate business and commercial activity (Article 1, section 8, clause 3)
Concurrent powers
Powers granted to both states and the federal government in the Constitution
Confederal system
A system where the subnational governments (states) have most of the power
Constitutions
Document that sets out the fundamental principles of governance and establishes the institutions of a government
Constitutional Convention
A meeting attended by state delegates in 1787 to address the weaknesses of the Articles of Confederation
Constitutional Republic
A democratic system with elected representatives in which the Constitution is the supreme law of the land
Cooperative federalism
A form of American federalism in which the states and the national government work together to shape public policy
Decentralists
AKA: Anti-federalists, states righters, strict constructionists. Believe the national government is nothing more than an agent of the states and its powers should be narrowly defined
Democracy
A system of government where power is held by the people
Devolution
Shifting away more authority from the national government back to state or local governments
Direct Democracy
A political system in which citizens vote directly on public policies
Dual Federalism
A form of American federalism in which the states and the national government operate independently in their own areas of public policy
Electoral College
A constitutionally required process for selecting the president through slates of electors chosen in each state, who are pledged to vote a nominee in the presidential election
Elite Theory
A theory of democracy that the well-educated and/or wealthy have a disproportionate amount of influence in the policymaking process
Enumerated Powers
AKA "expressed" or "delegated" powers. They are the powers specifically state in the Constitution many of which are found in Article 1, section 8
Exclusive Powers
Powers granted ONLY to the national government
Ex Post Facto Laws
Laws punishing people for acts that were not crimes at the time they were committed
Extradition
If a person is charged in any state with a crime and flees from justice, he must be returned to that state to face charges
Faction
A group of self-interested people who use the government to get what they want, trampling the rights of others in the process. AKA interest groups
Federalism
The division or sharing of powers between the national government and the states. Each get their authority from the Constitution, not each other
Federal System
A system where power is divided between the central government and subnational (state) governments
Federalist Essays
A series of 85 essays written by Federalists Alexander Hamilton, James Madison, and John Jay advocating for the ratification of the proposed Constitution
Federalist #51
Essay written by James Madison where he argues that a system of checks and balances would prevent tyranny in the national government and that separation of powers and bicameralism in the legislature would prevent too many powers from accumulating in one branch
Federalists
Supporters of the proposed Constitution who called for a strong national government
Federalist #10
Essay written by James Madison that acknowledged the danger of "factions" by asserting that a large republic could ease the effects of these demons😈
Fiscal Federalism
The federal government's use of grants-in-aid to influence policies in the states (the carrot)
Formal Amendment
Written changes that are added to the Constitution. We currently have 27 of them
Full Faith and Credit Clause
Clause which requires each state court to accept civil judgments and public records of other state courts (Article IV, section 1)
Gibbons v. Ogden (1824)
Ruled that the US Constitution had a commerce clause that allowed the federal government to regulate commerce and believed that the US government had the "necessary and proper" or "elastic clause" to regulate interstate commerce
Government
The rules and institutions that make up the system of policymaking
Grand Committee
The group at the Constitutional Convention that worked out the compromise for representation in the Legislative Branch
Grants-in-aid
Federal money given to states to implement public policy objectives
Great (CT) Compromise
An agreement for a plan of government that settled the issue of representation in the Legislative Branch by calling for a bicameral legislature where the Senate would have equal representation and the House would be represented proportionally
Thomas Hobbes
His book "Leviathan" showcased his pessimistic view of mankind when in a "state of nature" we were all at war. He reasoned that to escape this, man entered into a social contract with the government
Implied Powers
Powers beyond those enumerated in the Constitution. Not states explicitly, but suggested implicitly. They must be grounded by an enumerated power
Informal Amendment
Changes to the Constitution that DO NOT involve actually changing the wording of the Constitution, rather it is done by presidential legislative, or judicial action, or by custom and usage
Inherent Powers
Powers not states explicitly, but held by the national government by virtue of its being a national government (i.e. immigration, acquiring territory...)
Judicial Review
The authority of SCOTUS to strike down a law or executive action if it conflicts with the Constitution
Liberty
Social, political, and economic freedoms
Limited Government
A governing body whose power exists within limits that are set by a constitution. The US upholds principles of natural rights, popular sovereignty, republicanism, and social contract
John Locke
In his book, "Second Treatise of Government", man's state of nature was peaceful and each had their natural rights. He believed in "consent of the governed" and the people's right to overthrow an unjust government
Madisonian Model
Precautions in the Constitution set up to prevent majority/minority factions from threatening the government: separation of powers, checks and balances, and federalism
Mandate
Federal requirements that states must follow. They can be funded, partially funded, or unfunded
Marbury v. Madison (1803)
Adams midnight appointments that Jefferson did not issue commissions on. It established the concept of judicial review for the Supreme Court
McCulloch v. Maryland (1819)
Declared that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the US Constitution and federal laws over state laws
Mobocracy
Fear of "mob rule" which could come from direct democracy
Montesquieu
In his book "The Spirit of the Laws", he advocated for a democratic republic based on popular sovereignty. He advocated for a limited government and rule of law while saying the people would further be protected from tyranny through separation of powers and checks and balances
Natural Rights
Attributed to John Locke: the rights you are born with cannot be taken away (i.e. life, liberty, and property). Thomas Jefferson would use the term "inalienable rights" in the Declaration of Independence
Necessary and Proper Clause
AKA the elastic clause: Article 1, section 8 of the Constitution that gives Congress the powers necessary to carry out its enumerated powers. Greatly expands the power of the national government
New Jersey Plan
Proposal for a new government with a unicameral legislature with equal votes for each state
Participatory Theory
The theory that widespread political participation is essential for a democratic government
Pluralist Theory
A theory of democracy that emphasizes the role of groups in the policymaking process
Politics
The process of influencing the actions and politics of government
Popular Sovereignty
The idea that the government's right to rule comes from the people
Preemption
Federal laws take precedence over state and local laws
Privileges and Immunities Clause
States must extend to citizens of other states the privileges and immunities granted to their own citizens. Article IV, section 2, clause 1
Regulatory Federalism
The federal government assuring regulation and compliance with federal mandates in order for states to receive, or continue to receive grants-in-aid (the stick)
Republicanism
A system in which the government's authority comes from the people through their representatives
Reserved Powers
Powers not given to the national government, which are retained by the states and the people. (9th and 10th amendments)
Rousseau
Philosopher who believed in a direct democracy over a republic. He believed in majority rule, but also said they must protect minority rights
Separation of Powers
A design of government that distributes power across the 3 branches in order to avoid making any one branch too powerful on its own
Shay's Rebellion
Popular uprising in Massachusetts that laid the foundation for the Constitutional Convention and the change from a confederation to a federal system of government
Social Contract
People willingly give up some of their freedoms to the government to ensure an orderly society
Supremacy Clause
Clause in the Constitution (Article 6) that states federal law takes precedence over state law when the laws conflict
Three-Fifths Compromise
An agreement reached at the Constitutional Convention that an enslaved person would count as three-fifths of a person in calculation of a state's representation
Unicameral
A one-house legislature
Unitary System
A system where the central government has all of the power over subnational (state) governments
US v. Lopez (1995)
Ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control
Virginia Plan
Proposal for a new government with a bicameral legislative branch where more populous states would have more representation in Congress
Writ of Habeas Corpus
The right of people detained by the government to know the charges against them
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