Unit 2 Flashcards
Declaration of Independence
Approved by representatives in 1776, states grievances against british monarchy and declared independence
US Constitution
set forth the institutional structure of US government and tasks these institutions perform. replaced AoC.
Consent of the governed
according to john Locke, required basis for government. reflected in declaration
Articles of confederation
first U.S. constitution, enacted in 1781, and established continental congress, national legislature, and power of states
Factions (federalist #10)
interest groups from unequal distribution of property and wealth
Virginia Plan
proposal at constitutional convention that called for representation for each state in congress in relation to state population
Three-fifths Compromise
amount a slave was worth for population counting
Separation of Powers (federalist #51)
required by Madison’s model that government is separated into three branches that are relatively independent. executive, legislative, judicial.
Bill of Rights
first ten amendments to US drafted in response to antifederalist concerns. define liberties and freedoms
Judicial Review
power of courts to determine whether acts of congress are in accord with the constitution. established with Marshall and associates in marbury v. Madison
Unitary government
way of organizing a nation so all power resides in central government and most national governments today are this like GB and Japan
property taxes
taxes on home and land. vary by state.
Tenth Amendment
amendment stating powers not delegated to US by the constitution or prohibited by it to the states are reserved for the states or the people
Enumerated powers
powers of federal government that are specifically addressed in constitution; for congress powers are listed in article 1, section 8, and include coining money, regulating value, and imposing taxes
Elastic Clause
final paragraph of 1.8 that authorizes congress to pass all “necessary and proper” laws to carry out enum. powers
full faith and credit clause
a clause in 4.1 requiring each state to recognize the judgements and documents of other states
privileges and immunities
clause in 4.2 according citizens of each state most privileges of citizens of other states
cooperative federalism
system of government in which powers and policy assignments are shared between states and national government
project grants
federal grants given for specific purposes and awarded on basis of merits of applications
block grants
federal grants given more or less automatically to states or communities to support broad programs like social services and community development.
Americans with disabilities act
law passed in 1990 requiring employers and public facilities to make reasonable accommodations for people with disabilities and prohibits discrimination
new federalism
mainly Nixon and regan. states got a little bit more power than they had had. often relies on block grants from federal government
amendment
article added to the U.S. constitution. 10 in the bill of rights
anti-federalism
opposing federalism and constitution at time states were contemplating its adoption arguing it was a class based document and would erode fundamental liberties and weaken states
bicameral legislature
legislature divided into two houses. us congress and every American state legislature except Nebraska
concurrent powers
shared by state and federal government
United States v. Lopez
student in Texas that brought a handgun to school and brought to issue just how far the commerce clause would stretch
devolution
transference of power to a lower level
natural rights
rights inherent in human beings not dependent on governments, life liberty property. central to john lockes theories and accepted among founding fathers and influential to DoI
limited government
idea that certain things are out of bounds for government because of natural rights. central to lockes philosophy
shays rebellion
series of attacks on courthouses by small band of farmers led by rev. war captain Daniel shays to block foreclosure proceedings
New Jersey plan
proposal at constitutional convention calling for equal representation of each state in congress regardless of population
Connecticut compromise
compromise reached at constitutional convention establishing two houses of congress: house of reps and senate
checks and balances
important part of madisonian model designed to limit governments power by requiring that power be balanced among different governmental institutions. continually check one another’s activities setting power against power
commerce clause
anything relating to commerce is national business
categorical grants
federal grants that can be used only for specific purposes of state and local spending coming with strings attached like no discrimination
federalist papers
collection of 85 articles written by Hamilton, john Jay, Madison, under name publius to defend constitution in detail.
mandates (funded v. unfounded)
Funded Mandates is when the federal government give the states money to help them do whatever they want them to do, that’s a funded mandate.An unfunded mandate is a statute or regulation that requires a state or local government to perform certain actions, yet provides no money for fulfilling the requirements.
social contract
what government and the people have.
confederation government
loosely tied group of smaller governments
supremacy clause
article 6 making constitution, national laws, and treaties supreme over state laws
McCulloch v Maryland
1819 Supreme Court decision establishing supremacy of national government over state. Chief Justice john marshal and colleagues held that congress had implied powers
implied powers
powers of federal government that go beyond enumerated in constitution. “make all laws necessary and proper for carrying into execution” and many policies justified by this
gibbons v Ogden
case in 1824 where Supreme Court interpreted 1.8 broadly to give congress power to regulate interstate commerce - COMMERCE CLAUSE
extradition
legal process where alleged criminal offender is surrendered by officials of one state to officials of state in which crime has been committed
dual federalism
system of government which both the states and national government remain supreme within their own spheres each responsible for some policies
formula grants
federal categorical grants distributed according to formal specified in legislation or in administrative regulations
no child left behind
act in schooling to catch up all kids to a certain minimum level
welfare reform act of 1996
personal responsibility and work opportunity reconciliation act pushed by Gingrich under president Clinton. meant to vastly rework system.
fiscal federalism
pattern or spending, racing, and providing grants in the federal system. cornerstone of national governments relations with state and local government
changing process for amendments
constitutional conventions or congress can propose an amendment.
federalists
supported of constitution
reserve powers
powers which are not written down or specified
