two house legislature
people who favor national action over action at the state and local levels
powers that the Constitution gives to both the national and the state governments, such as the power to levy taxes
government in which citizens vote on laws and select officials directly
constitutional agreement in which power is distributed between central govt and sub-divisional govts, called states in the U.S. The national and the state govt's both exercise direct authority over individuals.
a plan, announced in 1969, to turn over the control of some federal programs to state and local governments and institute block grants, revenue sharing, etc.
powers inferred from the express powers that allow congress to carry out its functions
a change to the meaning or interpretation of the Constitution of the United States.
Marbury v. Madison
(1803) is a landmark case in United States law and in the history of law worldwide. It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. It was also the first time in Western history a court invalidated a law by declaring it "unconstitutional", a process called judicial review. The landmark decision helped define the "checks and balances" of the American form of government.
The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed by President John Adams as Justice of the Peace in the District of Columbia but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force Secretary of State James Madison to deliver the documents, but the Court, with John Marshall as Chief Justice, denied Marbury's petition without reaching its merits. The Court instead held that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was unconstitutional, because it purported to extend the Court's original jurisdiction beyond that which Article III established.
a doctrine in political theory that government is created by and subject to the will of the people
an armed uprising in central and western Massachusetts (mainly Springfield) from 1786 to 1787. The rebellion is named after Daniel Shays, a veteran of the American Revolutionary War.
The rebellion started on August 21, 1786, over financial difficulties and by January 1787, over one thousand Shaysites had been arrested. A militia that had been raised as a private army defeated an attack on the federal Springfield Armory by the main Shaysite force on February 3, 1787, and five rebels were killed in the action.
In the aftermath, fear spread that the American Revolution's democratic impulse had gotten out of hand. This fear, combined with the lack of institutional response to the uprising, energized calls to reevaluate the Articles of Confederation and gave strong impetus to the Philadelphia Convention which began on May 17, 1787, which created the United States Constitution.
a large sum of money granted by the national government to a regional government with only general provisions as to the way it is to be spent.
An advantage of block grants is that they allow regional governments to experiment with different ways of spending money with the same goal in mind, though it is very difficult to compare the results of such spending and reach a conclusion. A disadvantage is that the regional governments might be able to use the money if they collected it through their own taxation systems and spend it without any restrictions from above.
Checks & Balances
divided into branches, each with separate and independent powers and areas of responsibility so that no one branch has more power than the other branches. The normal division of branches is into an executive, a legislature, and a judiciary.
a permanent union of political units for common action in relation to other units.
a statement in the U.S. constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
a legal theory which has prevailed in the United States since 1787, is the belief that the United States consists of two separate and co-sovereign branches of government.
A series of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay in the late 1780s to persuade the voters of New York to adopt the Constitution. The essays are considered a classic defense of the American system of government, as well as a classic practical application of political principles.
a form of government in which people elect representatives to rule in their interest
the doctrine under which legislative and executive actions are subject to review (and possible invalidation) by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority (such as the terms of a written constitution). Judicial review is an example of the separation of powers in a modern governmental system (where the judiciary is one of three branches of government).
McCoulloch v. Maryland
(1819), was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though the law, by its language, was generally applicable to all banks not chartered in Maryland, the Second Bank of the United States was the only out-of-state bank then existing in Maryland, and the law was recognized in the court's opinion as having specifically targeted the U.S. Bank. The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution.
This fundamental case established the following two principles:
The Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.
State action may not impede valid constitutional exercises of power by the Federal government.
a power that may be exercised by the head of state without the approval of another branch of the government. Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the legislature, and most reserve powers are usable only in certain exceptional circumstances.
a majority (as two-thirds or three-fifths) greater than a simple majority
issued by the United States Congress, which may be spent only for narrowly-defined purposes. Additionally, recipients of categorical grants are often required to match a portion of the federal funds.
an enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes." Courts[who?] and commentators[who?] have tended to discuss each of these three areas of commerce as a separate power granted to Congress.
the dispersion or distribution of functions and powers; specifically : the delegation of power from a central authority to regional and local authorities.
a list of items found in Article I, section 8 of the US Constitution that set forth the authoritative capacity of the United States Congress. In summary, Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of Rights and other protections in the Constitutional text.
(1930s-1970s) is a concept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally (such as the nineteenth century's dual federalism) or clashing over a policy in a system dominated by the national government.
Process for making changes to the actual words of the constitution that is voted in.
are those powers that a sovereign state holds. The President derives these powers from the loosely worded statements in the Constitution that "the executive Power shall be vested in a President" and that the President should "take Care that the Laws be faithfully executed"; defined through practice rather than through constitutional or statutory law.---- Contrasted with Article 1, section 1 of the Constitution which states "herein granted," the statement in Article 2, section 1 ("shall be vested") has led to the development of the theory that the President has inherent powers.
the authority granted by a constituency to act as its representative.
the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants. Under the 10th Amendment to the United States Constitution, the powers prohibited from or not delegated to the Federal Government are reserved to the states respectively, or to the people. This implies that the states do not possess all possible powers, since some of these are reserved to the people.
Separation of Powers
the state is divided into branches, each with separate and independent powers and areas of responsibility so that no one branch has more power than the other branches.
the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house.