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Part 1: Constitution and Federalism
Chapters 2, 3 & 6
Terms in this set (57)
Americans With Disabilities Act of 1990
A law passed in 1990 that requires employers and public facilities to make "reasonable accommodations" for people with physical/mental disabilities and prohibits discrimination against these individuals in employment.
A convention held in September 1786 to consider problems of trade and navigation, attended by five states and important because it issued the call to Congress and the states for what became the Constitutional Convention.
Opponents of the American Constitution at the time when the states were contemplating its adoption. They argued that the Constitution was a class-based document, that it would erode fundamental liberties, and that it would weaken the power of the states and give too much power to the federal government and did not protect the political rights of the people . See also Federalists and U.S. Constitution.
Articles of Confederation
The first governing document of the confederated states drafted in 1777, ratified in 1781; it created a weak national government replaced in 1789 by the Constitution of the United States.
Bill of Attainder
a legislative act that inflicts punishment with a court trial.
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. Compare categorical grants.
Federal money for specific purposes. A more specific type of
Grants in Aid. I.E. build a specific airport. Usually requires some sort of "matching" funds.
Checks and balances
An important part of the Madisonian model designed to limit government's power by requiring that power be balanced among the different governmental institutions. These
institutions continually check one another's activities. This system reflects Madison's goal of setting
power against power. For example, the president may veto legislation passed by Congress; the
Senate must confirm major executive appointments; and the courts may declare acts of Congress
Clean Air Act of 1970
The law that charged the Department of Transportation (DOT) with the responsibility of reducing automobile emissions.
The clause in the Constitution (Article 1, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations. Which source of federal power did the Supreme Court's narrowly construct in its decision in United States v. Lopez.
Conditions of Aid
Federal government must tell the state governments what they want to do if they
want the federal government money.
a group of states or nations united for a common purpose; closely associated for a
common cause or by treaty usually referring to a system of government such as the Articles of
The compromise reached at the Constitutional
Convention that established two houses of Congress: the House of Representatives, in which
representation is based on a state's share of the U.S. population, and the Senate, in which each state
has two representatives. Compare New Jersey Plan and Virginia Plan.
The convention in Philadelphia, May 25 to September 17, 1787, that debated and agreed upon the Constitution of the United States.
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. Compare dual federalism.
Delegated Powers - powers expressly granted to the national government by the Constitution.
These powers, found in Article I, Section 8, include the authority to provide the common defense, to
coin money and to regulate commerce. Also known as expressed powers and/or enumerated powers
limitations on the powers of Congress and the national government. The national
government is a government of delegated powers. Expressly stated within the US Constitution,
Article I, Section 9.
The effort to slow the growth of the federal government by returning many functions to the states. The shifting of national government actions to that of the states. Examples include welfare and health care.
Government controlled directly by citizens as they vote on laws and select officials directly.. In some U.S. states, procedures such as the initiative, the referendum, and the recall give voters a direct impact on policymaking and the political process by means of the voting booth and can therefore be considered forms of direct democracy.
The national government is supreme, but the state
governments are equally supreme and thus are separate. Each remain supreme within their own
spheres, each responsible for some policies. The Supreme Court serves as the umpire between the
national government and the states in disputes over which level of government has responsibility for a particular activity. I.E. interstate commerce vs. intrastate commerce
The clause in the final paragraph Article I, Section 8 of the Constitution that gives Congress the right to make all laws, "necessary and proper" to carry out the enumerated powers expressed in the other clauses in Article I. The elastic or necessary and proper clause of the Constitution has been used by cooperative federalists to: Promote interaction between the levels of
government. See also implied powers.
Powers of the federal government that are specifically addressed in the
Constitution; for Congress, these powers are listed in Article I, Section 8, and include the power to
coin money, regulate its value, and impose taxes. Compare implied powers
Ex Post Facto Law
a law applied to an act committed before the law's passage.
powers directly stated in the Constitution; powers directly expressed or stated
in the Constitution by the founders. Also known as delegated and enumerated powers.
Interest groups arising from the unequal distribution of property or wealth that James Madison attacked in Federalist Paper No. 10. Today's parties or interest groups are what Madison had in mind when he warned of the instability in government caused by factions. Aa group, usually
a small part of a larger group, united around some cause; disagreement within an organization
A requirement the federal government imposes as a condition for receiving
a system in which power is divided between the national and state governments. A
form of political organization in which government power is divided between a central government
and territorial subdivisions. Power is distributed between a central government and subdivisional
governments, called states in the United States. The national and the subdivisional governments both
exercise direct authority over individuals.
A collection of 85 articles written by Alexander Hamilton, John Jay, and James
Madison under the name "Publius" to defend the Constitution in detail. Collectively, these papers are
second only to the U.S. Constitution in characterizing the framers' intents.
supporters of a stronger central government who advocated ratification of the
Constitution. After ratification, they founded a political party supporting a strong executive and
Alexander Hamilton's economic policies.
Federal categorical grants distributed according to a formula specified in
legislation or in administrative regulations.
Full Faith and Credit Clause
Clause in the Constitution (Article 4, Section 1) requiring each state to
recognize official documents and civil judgments rendered by the courts of the other states and to
accept their public records and acts as valid.
Gibbons v. Ogden
A landmark case decided in 1824 in which the Supreme Court interpreted very
broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate
interstate commerce, encompassing virtually every form of commercial activity. The commerce
clause has been the constitutional basis for much of Congress's regulation of the economy.
Federal funds provided to states for services such as airports , highways,
Powers of the federal government that go beyond those enumerated in the
Constitution. In Article I, The Constitution states that Congress has the power to "make all laws
necessary and proper" to carry out enumerated powers Many federal policies are justified on the
basis of implied powers. See also McCulloch v. Maryland, elastic clause, and enumerated powers.
The powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the
Any trade consisting of 1. Between a place in
a State and a place outside of such State (including a place outside off the United States); 2. Between
two places in a State through another State or a place outside of the United States; 3. Between two
An agreement among two or more states. Congress must approve most such
means any trade, traffic, or transportation in any State which is not
described in the term "interstate commerce."
the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional; the power of the courts to determine the constitutionality of
the actions of the legislative and executive branches of government. The power of the courts to
determine whether acts of Congress, and by implication the executive, are in accord with the U.S.
Constitution. Judicial review was established in the 1803 case by John Marshall and his associates in
Marbury v. Madison. See also judicial interpretation.
a higher law such as a constitution which declares it necessary to limit the powers of government in order to protect individual civil liberties, political, and economic freedoms.
In a limited government everyone must obey the laws. Limited government was central to John
Locke's philosophy in the seventeenth century, and it contrasted sharply with the prevailing view of
the divine rights of monarchs.
Regulations or policies formulated by the federal governments for states to implement, often without federal funding.
Marble cake federalism
Conceives of federalism as a marble cake in which all levels of government are involved in a variety of issues and programs, rather than a layer cake, or dual federalism, with fixed divisions between layers or levels of government.
Marbury v. Madison
The 1803 case in which Chief Justice John Marshall and his associates first
asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court's power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.
McCulloch v. Maryland
An 1819 Supreme Court decision that established the supremacy of the
national government over state governments. In deciding this case, Chief Justice John Marshall and
his colleagues held that Congress had certain implied powers in addition to the enumerated powers
found in the Constitution.
Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local
government, the actions of the federal government will prevail.
Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to English philosopher John Locke's theories about government, and was widely accepted among America's founding fathers.
Thomas Jefferson echoed Locke's language in drafting the Declaration of Independence.
Necessary and proper clause
Clause of the Constitution (Article 1, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the
national government. The elastic or necessary and proper clause of the Constitution has been used by
cooperative federalists to: Promote interaction between the levels of government
New Jersey Plan
Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally in Congress regardless of the state's population. Compare Virginia Plan and Connecticut Compromise.
Federal grants given for specific purposes and awarded on the basis of the merits of
applications. A type of the categorical grants available to states and localities.
A form of government that derives its power, directly or indirectly, from the people. Those chosen to govern are accountable to those whom they govern. In contrast to a direct democracy, in which people themselves make laws, in a republic the people select representatives
who make the laws.
those powers that the Constitution does not grant to the national government and
does not, at the same time, deny to the states.
this theory believes a nation exists due to the will of the people and that the power stays with the people, which the nation protects. Concepts that have arisen with social contract include popular sovereignty, limited government, and individual rights.
Powers expressly or implicitly reserved to the states.
Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.
Initial proposal at the Constitutional Convention made by the Virginia delegation for
a strong central government with a bicameral legislature dominated by the big states. Called for
representation of each state in Congress in proportion to that state's share of the U.S. population.
Compare Connecticut Compromise and New Jersey Plan.
A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.
Powers that the Constitution gives to both the national and state governments,
such as the power to levy taxes.
THIS SET IS OFTEN IN FOLDERS WITH...
Part 2: Civil Liberties and Civil Rights ***=most…
Part 3: Public Opinion and Political Participation
Part 4: Political Parties
Part 5: The Mass Media
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