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55 terms

CONSTITUTION AND FEDERALISM

UNIT REVIEW: Chapters 1, 2 and 3
STUDY
PLAY
democracy
government by the people, both directly and indirectly, with free and frequent elections
popular sovereignty
belief that ultimate power resides with the people
majority
more than half
plurality
most (not necessarily more than half)
Articles of Confederation
first governing document of the confederated states, drafted 1777, ratified 1781, replaced by constitution in 1789
Shays Rebellion
led by Daniel Shay, of farmers in Western Mass inv1786-87, protested mortgage foreclosures, highlighted need for strong national government as call for constitutional convention went out
social contract
agreement where individuals voluntarily commit to establish a government that will protect the common interests of all
natural rights
inherent rights of all people to dignity and worth, aka human rights
Virginia Plan
initial proposal at the constitutional convention for a strong central govnt with bicameral legislature dominated by big states
New Jersey Plan
central govnt with single house legislature where each state would be represented equally
Connecticut Compromise/Great Compromise (bicameralism)
bicameral legisltaure with a lower house with population representation and an upper house with with 2 senators for each state
three-fifths compromise
3/5 of the slave population would be counted for determining direct taxation and representation in house of representatives
Electoral College
voters vote for lectors pledged to cast ballots for a particular party's candidate
Federalist Papers
essays promoting ratification of the constitution, published by john jay, alexander hamilton, and james madison
separation of powers
constitutional division of powers between executive, judicial, and legislative branches
checks and balances
constitutional grant of powers that allows each of the three branches to check the acts of the other so that no one branch can dominate
factions
political parties, interest or special interest groups
writ of habeas corpus
court order requiring explanation to judge of why prisoner is being held custody "having real body"
ex post facto law
retroactive criminal law that works to disadvantage of a person
divided government
governance divided between the parties, where one party holds the presidency and another holds both houses of congress
federalism
constitutional arrangement where power is distributed between central government and subdivisional governments, called states, both national and subdivisional govnts exercise authority over individuals
dual federalism
constitution lists limited powers of the government, the rest goes to the state, each level of government is in its own sphere
marble cake federalism (cooperative federalism)
mixed responsibilities, no layer, intergovernmental relationships, co-operation between various levels of government
fiscal federalism
the pattern of spending, taxing, and providing grants in the federal system.Through different grant programs, slices up the marble cake into many different pieces, making it even more difficult to differentiate the functions of the levels of government
unitary system
what the central government delegates, it may take away
confederation
states create centrral government but limits its powers, doesnt give it direct authority
reserved powers
all powers not specifically delegated to the national government by the constitution
10th amendment
The powers that are not reserved to the federal government and are not forbidden to the states are reserved to the states or the people.
implied powers
powers inferred from the express powers that allow congress to carry out its functions
inherent powers
powers of the national govent in foreign affairs that the supreme court has determined do not depend on constitutional grants but rather grow out of the very existence of the national government
elastic clause
the authority granted to congress "to make all laws which shall be necessary and proper" for the implementation of its enumerated powers
national supremacy clause
whenever conflict between the national and state government occurs, the actions of the national government prevail
commerce clause
gives congress power to regulate all business activities that cross state lines or affect more than one state or other nations
federal mandates
a requirement the national government imposes for receiving federal funds
concurrent powers
powers constitution gives to both the national and state governments, like power to levy taxes
full faith and credit
requires each state to recognize civil judgements rendered by the courts of other states and to accept their public records and acts as valid
extradition
the legal process where an alleged criminal offender is surrendered by the officials of the state in which the crime is alleged to have been committed
categorical-formula grants
distributed to states based on population, nat govnt provides grants for specific purposes, like homeland security and medicaid, tightly monitored, states often have to provide some funding
project grants
supports states for specific activities, generally restricted to certain amount of time and can only be spent within tight guidelines
block grants
broad grants with few requirements attached
cross-cutting requirements
A technique of Congress to establish federal regulations. Federal grants may establish certain conditions that extend to all activities supported by federal funds, regardless of their source. The first and most famous of these is Title VI of the 1964 Civil Rights Act, which holds that in the use of federal funds, no person may be discriminated against on the basis of race, color, or national origin. More than 60 cross-cutting requirements concern such matters as the environment, historic preservation, contract wage rates, access to government information, the care of experimental animals, and the treatment of human subjects in research projects.
crossover sanctions
A technique of Congress to establish federal regulations. These sanctions permit the use of federal money in one program to influence state and local policy in another. For example, a 1984 act reduced federal highway aid by up to 15 percent for any state that failed to adopt a minimum drinking age of 21.
Pre emption
right of national law or regulation to preclude enforcement of state or local regulation
Revenue Sharing
distribution of part of the federal tax income to states and municipalities
Unfunded Mandates Reform Act
requires congress to evaluate impact of unfunded mandates and imposes mild restraints on congress itself "newt federalism"
Judiciary Act of 1789
stablished the basic three-tiered structure of the federal court system.
equality of opportunity/equality of outcome
equal opportunity to participate vs equal results
why was the Bill of Rights added?
to get the smaller states to ratify the constitution
Federalists vs. Anti Federalists
supporters of ratification of constitution/strong central govnt vs opposition of that
Centralists vs. Decentralists
people who favor national action over action at the state and local levels vs people who favor state or local action
Devolution Revolution
effort to slow growth of national government by returning many functions to the states
How did Marbury v. Madison change the Constitution?
established judicial review
republic
A state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president
judicial review
Power of the courts to review acts of other branches of government and the states.
expressed powers
powers enumerated to congress in the constitution