unit 1 test Flashcards
Federalist 10
The main point is that a strong federal government can protect liberty because it guards against the dangers of control by a narrow interest. Madison also called it “faction.”
Federalist 51
explains how separation of powers with checks and balances protects liberty.
Brutus 1
argued that federal power was bad and that the Constitution gives too much power to the federal government.
New Jersey Plan
called for each state to have one vote in Congress instead of the number of votes being based on population.
Virginia Plan
outlined a strong national government with three branches: legislative, executive, and judicial. The plan called for a legislature divided into two bodies (the Senate and the House of Representatives) with proportional representation.
10th Amendment
the Federal Government only has those powers delegated in the Constitution.
Separation of Powers
Government should be divided into 3 distinct and separate branches. The system ensures that ALL of the branches maintain equal power by giving each of them a check against one another.
Direct Democracy
all voters come together in one place to make laws and decisions
Republic
A form of government in which a state is ruled by representatives of the citizen body
Plurality
a society in which many different groups with many different opinions and viewpoints all have to coexist and work with each other in the political sphere
Majority Tyranny
a situation in which a group of people treated unfairly because their situation is different from the situation of most of the people in a democratic country.
Expressed/Enumerated/delegated Powers
the powers of the national government explicitly listed in the Constitution.
Implied Powers
powers granted to the United States government that aren’t explicitly stated in the Constitution.
Concurrent Powers
powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.
Reserved Powers
powers are only given to the state
Full faith and credit clause
the obligation that every state has to recognize and accept other states’ public records, judicial proceedings, and legislative acts. (married in California then still married in Florida)
Bicameral
a system of government in which the legislature comprises two houses.
Unicameral
having or consisting of a single legislative chamber.
Electoral College
The people in each state vote for the president. The results in a state determine which electors are selected for that state. All the electoral votes for that state go for the candidate that gets the most votes in that state. The electoral votes for all 50 states are added and the candidate with the majority of the votes wins
Checks and Balances
a system that allows each branch of a government to amend or veto acts of another branch so as to prevent any one branch from exerting too much power.
Autocracy
A political system in which all power is invested in a single individual such as a king.
Oligarchy
A political system in which a small group of landowners, military officers, or wealthy merchants controls most of the governing decisions.
16th Amendment
Allows the federal government to collect an income tax from all Americans.
Shay’s Rebellion
a series of violent attacks on courthouses and other government properties in Massachusetts
Declaration of Independence
a document that officially records the proclamation that the United States is an independent country from Great Britain.
Natural Rights
freedoms of religion, speech, assembly, privacy, and equality under the law
Social Contract Theory
an unofficial agreement shared by everyone in a society in which they give up some freedom for security.
Articles of Confederation
the written document that established the functions of the national government of the United States after it declared independence from Great Britain.
Supremacy Clause
establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.
3/5 Compromise
every enslaved American would be counted as three-fifths of a person for taxation and representation purposes. This agreement gave the Southern states more electoral power than they would have had if the enslaved population had been ignored entirely
Great Compromise / CT Plan
a solution where both large and small states would be fairly represented by creating two houses of Congress.
Rule of Law
to ensure accountability, stability, equality and access to justice for all.
Popular Sovereignty
the authority of a state and its government are created and sustained by the consent of its people, who are the source of all political power.
Limited Government
a government that has limitations on what it can and cannot do
17th Amendment
the United States Senate should be made up of two Senators from each state.
Block Grant
a grant from the federal government that a local/state government can allocate to a wide range of services. It is generally broad with what it can be used for, have few strings attached.
Categorical Grant
federal grants given to state and local governments to encourage their cooperation in implementing specific purposes and programs. These grants give less flexibility to state governments than block grants.
Commerce Clause
Congress shall have the power to regulate interstate and foreign commerce.
Confederation
a group of people, countries, organizations, etc. that are joined together in some activity or effort.
Cooperative Federalism
a flexible relationship between the federal and state governments in which both work together on a variety of issues and programs. (Marble cake)
Dual Federalism
a political arrangement in which power is divided between the federal and state governments in clearly defined terms (tiered cake)
New Federalism (Devolution)
an attempt by Nixon (and later, Reagan) to return power to the states with block grants
Federal Mandate
demands on states to carry out certain policies as a condition to receiving grant money.
Federal System
diff states make their own laws and decisions
Privileges & Immunities Clause
the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.
(Article IV)
outlines the relationship between the various states, as well as the relationship between each state and the United States federal government.
Interstate Compact
a contract between two or more states.
Unitary System
one central government system (branch)
Progressive Federalism
a concept that allows the national government to override state or local actions in certain areas
Necessary and Proper Clause
an implied power that gives Congress the power to write laws beyond what is written in the Constitution.
McCulloch v. Maryland
upheld the power of Congress to charter the Bank of the United States and ruled that states could not tax agencies of the federal government.
Gibbons v. Ogden
The Supreme Court decided that the federal government had key powers over state governments.
US v. Lopez
federal Gun-Free School Zones Act of 1990 was unconstitutional because the U.S. Congress, in enacting the legislation, had exceeded its authority under the commerce clause of the Constitution.
Marbury v. Madison
established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional
Griswold v. Connecticut
the Supreme Court invalidated a Connecticut law that made it a crime to use birth control devices or to advise anyone about their use.
Fletcher v. Peck
The Supreme Court ruled that a grant to a private land could not be taken away
Wickard v. Fillburn
an activity does not need to have a direct effect on interstate commerce to fall within the commerce power, as long as the effect is substantial and economic.
Gonzales v. Reich
State laws permitting the medical use of marijuana do not prevent Congress from prohibiting its use for any purpose in those states under the Commerce Clause
Heart of Atlanta Motel v. U.S.
The Supreme Court held that the government could enjoin private businesses from discriminating on the basis of race under the Commerce Clause.
Extradition Clause
if a person is charged with a crime in one state and flees to another, the harboring state must return the individual to the charging state.
Formula Grant
a type of mandatory grant that is awarded based on statistical criteria for specific types of work.
Grants-in-aid
federal money granted to a recipient to fund a project or program.
Project Grant
money given by the federal government to state and local governments or to an individual. State and local governments and even individuals submit their applications to the federal government asking for government help.
Majority Rule
the principle that the greater number should exercise greater power.
National Supremacy
allowed the Supreme Court to help establish a strong federal government
State’s Rights
give individual states the right to pass and enforce laws and operate independently of and with minimal interference by the federal government. This means each state has the right and the power to operate independently from the federal government as long there is no violation of the U.S. Constitution.
Unfunded Mandate
a statute or regulation that requires a state or local government to perform certain actions, with no money provided for fulfilling the requirements.
Dillon’s Rule
local governments possess only those powers specifically delegated to them by state law, or fairly implied from expressly granted powers.
General welfare clause
The Congress shall have the Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defense and general Welfare of the United States
Full Faith and credit Clause
the recognition and enforcement of the public acts, records, and judicial proceedings of one state by another
Privileges Immunities Clause
prevents a state from treating citizens of other states in a discriminatory manner.