Unit 1 Flashcards
Natural Rights Theory
The theory that people are born with certain “natural rights.” No government can deny these rights.
Limited Government
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.
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
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
Consent of the governed
Agreement by citizens to obey the laws and the government they create. Consent is the foundation of government’s legitimacy.
Judicial Review
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
Marbury v. Madison
This case establishes the Supreme Court’s power of Judicial Review
Articles of Confederation
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade
Shay’s Rebellion
A 1787 rebellion in which ex-Revolutionary War soldiers attempted to prevent foreclosures of farms as a result of high interest rates and taxes
New Jersey Plan
A constitutional proposal that would have given each state one vote in a new congress
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.
Great (Connecticut) Comprimise
Plan to have a popularly elected House based on State population and a state selected Senate, with two members for each State
Writ of Habeas Corpus
A court order that requires police to bring a prisoner to court to explain why they are holding the person
Bill of Attainder
A legislative act finding a person guilty of treason or felony without a trial
Ex Post Facto Law
A law that makes an act criminal although the act was legal when it was committed
Federalists
A term used to describe supporters of the Constitution during ratification debates in state legislatures.
Anti-Federalists
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 the people select representatives to govern them and make laws.
Ratify
Sign or give formal consent to (a treaty, contract, or agreement), making it officially valid.
Amendment
A new provision in the Constitution that has been ratified by the states.
unitary system
A government that gives all key powers to the national or central government
confederate system
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.
federal system
A government that divides the powers of government between the national government and state or provincial governments
intergovernmental relations
The workings of the federal system- the entire set of interactions among national, state, and local governments
diversity of policy
Representation at the state level; difficult for national government to pass laws that work for everyone
decentralization of policy
power is spread of power away from the center to local branches of governments
supremacy clause
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.
full faith and credit clause
Constitution’s requirement that each State accept the public acts, records, and judicial proceedings of every other State.
tenth amendment
Amendment stating that the powers not delegated to the federal government are reserved to the states
McCulloch v. Maryland
(JMon) McCulloch, Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
expressed powers
Powers directly stated in the Constitution
concurrent powers
Powers of government exercised independently by both the federal and state governments, such as the power to tax.
implied powers
Powers not specifically mentioned in the constitution
elastic 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.
Gibbons v. Ogden
(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.
commerce power
Exclusive power of Congress to regulate interstate and foreign trade
extradition
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.
priviliges and immunities
Special rights and exceptions provided by law. States may not discriminate against one another’s citizens.
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.
creative federalism
During the Great Society, the marble cake approach of intergovernmental relations.
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.
devolution
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
funded mandate
Those regulations passed by Congress or issued by regulatory agencies to the states with federal funds to support them.
unfunded mandate
Federal laws that require the states to do things without providing the money to do so. Examples: ADA (wheelchair ramps), NCLB (testing)
preemption
A doctrine under which certain federal laws preempt, or take precedence over, conflicting state or local laws.
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.
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
categorical grants
Federal grants for specific purposes, such as building an airport
project grants
Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications
formula grants
Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.
intergovernmental lobby
An interest group made up of mayors, governors, and other state and local officials who depend on federal funds
motor voter act of 1993
Signed into law by President Clinton, it enables people to register to vote at motor vehicle departments.
no child left behind act
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.
