AP Government Unit 3 - The Constitution and its Underpinnings

natural rights - the right to life, liberty, and property, which government cannot take away

social contract - people allow their governments to rule over them to ensure an orderly and functioning society

popular sovereignty - the idea that the government’s right to rule comes from the people

democracy - a system of government where the power is held by the people

American political culture - the set of beliefs, customs, traditions, and values, that Americans share

sovereignty - right of a government to rule

republicanism - the authority of the government comes from the people through their representatives

House - 2 year terms

Senate - 6 year terms

Inalienable rights - rights the government cannot take away

liberty - social, political, and economic freedoms

political institutions - the structure of government, including the executive, legislature, and judiciary

constitutional republic - a democratic system with elected representatives in which the Constitution is the supreme law

republic - government ruled by representatives of the people

Articles of Confederation - a governing document that created a union of 13 sovereign states in which states, not the national government, were supreme

unicameral - a one-house legislature

Annapolis Convention (1786) - addressed trade and navigation disputes among states (5/13 states sent delegates)

Shay’s Rebellion (1786) - a popular uprising against the government of Massachusetts

Riot Act - an act to prevent routs, riots and tumultuous assemblies

Constitutional Convention - a meeting attended by state delegates in 1787 to fix the Articles of Confederation (Rhode Island did not show)

Writ of habeas corpus - the right of people detained by the government to know the charges against them

Bill of attainder - when the legislature declares someone guilty without a trial

ex post facto laws - laws punishing people for acts that were not crimes at the time they were committed (forbidden)

right to a trial by jury

Virginia Plan - a plan of government calling for a three-branch government with a bicameral legislature, where more populous states would have more representation in Congress

New Jersey Plan (Paterson) - a plan of government that provided for a unicameral legislature with equal votes for each state

Grand Committee - a committee at the Constitutional Convention that worked out the compromise on representation

Great (Connecticut) Compromise - an agreement for a plan of government that drew on both the Virginia and New Jersey plans

3/5ths Compromise - an agreement reached by delegates at the Constitutional Convention that a slave would count as 3/5ths of a person in calculating a state’s representation

Compromise on Importation - Congress could not restrict the slave trade until 1808

separation of powers - a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own

checks and balances - a design of government in which each branch has powers that can prevent the other branches from making policy

federalism - the sharing of power between the national government and the states

expressed or enumerated powers - authority specifically granted to a branch of the government in the Constitution

Necessary and proper clause - language in Article 1 Section 8 granting Congress the powers necessary to carry out its enumerated powers

Implied powers - the authority of the federal government that goes beyond its expressed powers

supremacy clause - constitutional provision declaring that the Constitution and all national laws and treaties are the supreme law of the land

judicial review - set by Marbury v. Madison

federalists - supporters of the proposed Constitution who called for a strong national government

Antifederalists - those opposed to the proposed Constitution, favored stronger state government

Federalist 51 - essay in which Madison argues that separation of powers and federalism will prevent tyranny

faction - group of self-interested people who use the government to get what they want, trampling the rights of others in the process

Federalist 10 - an essay in which Madison argues that the dangers of factions can be mitigated by a large republic and republican government

Brutus 1 - an antifederalist paper 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

Compassionate Use Act of 1996 - use and cultivation of marijuana legal for medical purposes if undertaken under the supervision of a licensed physician and in accordance with state regulations

Controlled Substances Act of 1970 - use, cultivation, or possession of marijuana is illegal

unitary systems - a system where the central government has all of the power over subnational governments

confederal systems - a system where the subnational governments have most of the power

federal systems - a system where power is divided between the national and state governments

exclusive powers - powers only the national government can use

10th Amendment - reserves powers not delegated to the national government to the states and the people

reserved powers - powers not given to the national government, which are retained by the states and the people

concurrent powers - powers granted to both states and the federal government in the Constitution

full faith and credit clause - constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state

extradition - the requirement that officials in one state return a defendant to another state where a crime was committed

privileges and immunities clause - constitutional clause that prevents states from discriminating against people from out of state

dual sovereignty - where a central and regional government are sovereign in different areas

interstate compacts - national popular vote, drivers licenses

doctrine of preemption - federal laws preempt state law, even when the laws conflict

Gibbon v. Odgen (1824) - only Congress has authority to regulate anything that affects interstate commerce

General Welfare Clause - Congress can use taxes to do things that support general welfare

McCulloch v. Maryland - Congress can establish a national bank

Due Process Clause - prevents states from denying persons due process under the law

Plessy v. Ferguson (1896) - upheld the constitutionality of legalized racial segregation

dual federalism - a form of American federalism in which the states and the national government operate independently in their own areas of public policy

selective incorporation - the process through which the Supreme Court applies fundamental rights in the Bill of Rights to the states on a case-by-case basis

cooperative federalism - the form of American federalism in which the states and the national government work together to shape public policy

grants-in-aid - federal money provided to states to implement public policy objectives

fiscal federalism - the federal government’s use of grants-in-aid to influence policies in the states

categorical grants - grants-in-aid provided to states with specific provisions on their use

unfunded mandate - federal requirements that states must follow without being provided funding

block grant - a type of grant-in-aid that gives state officials more authority in the disbursement of federal funds

revenue sharing - when the federal government apportions tax money to states with no strings attached

devolution - returning more authority to state or local governments