Unit 1

Question 1

Natural Rights Theory

Answer 1

The theory that people are born with certain “natural rights.” No government can deny these rights.

Question 2

Limited Government

Answer 2

In this type of government everyone, including all authority figures, must obey laws. Constitutions, statements of rights, or other laws define the limits of those in power so they cannot take advantage of the elected, appointed, or inherited positions.

Question 3

Separation of Powers

Answer 3

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

Question 4

Checks and Balances

Answer 4

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

Question 5

Consent of the governed

Answer 5

Agreement by citizens to obey the laws and the government they create. Consent is the foundation of government’s legitimacy.

Question 6

Judicial Review

Answer 6

Review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court

Question 7

Marbury v. Madison

Answer 7

This case establishes the Supreme Court’s power of Judicial Review

Question 8

Articles of Confederation

Answer 8

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

Question 9

Shay’s Rebellion

Answer 9

A 1787 rebellion in which ex-Revolutionary War soldiers attempted to prevent foreclosures of farms as a result of high interest rates and taxes

Question 10

New Jersey Plan

Answer 10

A constitutional proposal that would have given each state one vote in a new congress

Question 11

Virginia Plan

Answer 11

“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.

Question 12

Great (Connecticut) Comprimise

Answer 12

Plan to have a popularly elected House based on State population and a state selected Senate, with two members for each State

Question 13

Writ of Habeas Corpus

Answer 13

A court order that requires police to bring a prisoner to court to explain why they are holding the person

Question 14

Bill of Attainder

Answer 14

A legislative act finding a person guilty of treason or felony without a trial

Question 15

Ex Post Facto Law

Answer 15

A law that makes an act criminal although the act was legal when it was committed

Question 16

Federalists

Answer 16

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

Question 17

Anti-Federalists

Answer 17

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

Question 18

Republic

Answer 18

A form of government in which the people select representatives to govern them and make laws.

Question 19

Ratify

Answer 19

Sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.

Question 20

Amendment

Answer 20

A new provision in the Constitution that has been ratified by the states.

Question 21

unitary system

Answer 21

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

Question 22

confederate system

Answer 22

system of government in which nations or states agree to join together under a central government, to which the nations or states grant certain powers. The United States had a confederate system of government under the Articles of Confederation, from 1781 to 1789.

Question 23

federal system

Answer 23

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

Question 24

intergovernmental relations

Answer 24

The workings of the federal system- the entire set of interactions among national, state, and local governments

Question 25

diversity of policy

Answer 25

Representation at the state level; difficult for national government to pass laws that work for everyone

Question 26

decentralization of policy

Answer 26

power is spread of power away from the center to local branches of governments

Question 27

supremacy clause

Answer 27

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

Question 28

full faith and credit clause

Answer 28

Constitution’s requirement that each State accept the public acts, records, and judicial proceedings of every other State.

Question 29

tenth amendment

Answer 29

Amendment stating that the powers not delegated to the federal government are reserved to the states

Question 30

McCulloch v. Maryland

Answer 30

(JMon) McCulloch, Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Question 31

expressed powers

Answer 31

Powers directly stated in the Constitution

Question 32

concurrent powers

Answer 32

Powers of government exercised independently by both the federal and state governments, such as the power to tax.

Question 33

implied powers

Answer 33

Powers not specifically mentioned in the constitution

Question 34

elastic clause

Answer 34

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.

Question 35

Gibbons v. Ogden

Answer 35

(JMon) interstate commerce, In this Marshall Court case, the U.S. Supreme Court invalidated a state monopoly and reaffirmed Congress’ power to oversee commerce between states. Of all the cases that have interpreted the scope of congressional power under the commerce clause, none has been more important than this “steamboat case.” The case established a basic precedent because it paved the way for later federal regulation of transportation, communication, buying and selling, and manufacturing. Today, little economic activity remains outside the regulatory power of Congress.
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Question 36

commerce power

Answer 36

Exclusive power of Congress to regulate interstate and foreign trade

Question 37

extradition

Answer 37

the legal process by which a fugitive from justice in one State is returned to that state, A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

Question 38

priviliges and immunities

Answer 38

Special rights and exceptions provided by law. States may not discriminate against one another’s citizens.

Question 39

dual federalism

Answer 39

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

Question 40

cooperative federalism

Answer 40

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.

Question 41

creative federalism

Answer 41

During the Great Society, the marble cake approach of intergovernmental relations.

Question 42

fiscal federalism

Answer 42

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.

Question 43

devolution

Answer 43

An effort to shirft responsibility of domestic programs to the states in order to decrease the size &activites of the fed. govt; some states have attempted to shift responsibilities further to local govts

Question 44

funded mandate

Answer 44

Those regulations passed by Congress or issued by regulatory agencies to the states with federal funds to support them.

Question 45

unfunded mandate

Answer 45

Federal laws that require the states to do things without providing the money to do so. Examples: ADA (wheelchair ramps), NCLB (testing)

Question 46

preemption

Answer 46

A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.

Question 47

revenue sharing

Answer 47

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.

Question 48

block grants

Answer 48

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

Question 49

categorical grants

Answer 49

Federal grants for specific purposes, such as building an airport

Question 50

project grants

Answer 50

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

Question 51

formula grants

Answer 51

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

Question 52

intergovernmental lobby

Answer 52

An interest group made up of mayors, governors, and other state and local officials who depend on federal funds

Question 53

motor voter act of 1993

Answer 53

Signed into law by President Clinton, it enables people to register to vote at motor vehicle departments.

Question 54

no child left behind act

Answer 54

Federal law enacted in January 2002 that introduced new accountability measures for elementary and secondary schools in all states that wish to receive federal aid.