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50 terms

Unit 1: Constitutional Underpinnings

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Articles of Confederation
first government of the United States, weak government but some pros were northwest ordinance, Revolutionary war victory. provided legal symbol of 13 states' union by giving the central government no coercive power over the states or their citizens. Government could not generate revenue, regulate trade, create national currency, draft soldiers
Northwest Ordinance
1787, territories of state were reorganized
Shay's Rebellion
six-months in which more than 1,000 armed farmers attacked a federal arsenal to protest the foreclosure of farms in Massachusetts...US saw necessity for a stronger central government
New Jersey Plan
Equal representation plan advocated at constitutional convention. favored small states
Virginia Plan
Proportional representation plan advocated by Edmund Randolph at constitutional convention
Constitutional Convention
meeting in Philadelphia in 1787, to address conflict created by Articles of Confederation..give central government more power
Great Compromise is also known as...
Connecticut Compromise
Great Compromise
solution that merged the Virginia and NJ plan: a bicameral legislature with a HOR based on population and a Senate with equal representation...presented by Roger Sherman from Connecticut
3/5 Compromise
slaves would count as 3/5 of a person when apportioning electoral votes...Northerners felt that slaves should not be counted for electoral votes, South disagreed
Federalism
system of government under which the national government and state governments share powers...in which power is divided between a central authority and a number of regions with delimited self-governing authority
Dual Federalism
belief that state and national governments are separate and independent...view of federalism that considers the national and state governments equal, but independent partners, with distinct responsibilities
Federalists
supported the creation of a strong national government, less power to states
Anti-Federalists
opposed the creation of a strong national government, more power to states...argued that he constitution would threaten citizens' personal liberties and would make the president a king-tyrannical government like England
Federalist papers
series of newspaper articles written by Alexander Hamilton, James Madison and John Jay supporting the constitution..primary source of understanding the original intent of the Framers...persuade wisdom of a central government and autonomous political power retained by states
Federalist paper 10
written by James Madison, advocated for a large republic...dangers of democracy
Bill of Rights
to protect rights of individuals from government infringement...added immediately after ratification, opposition to the Constitution diminished because of this....interestingly enough, federalists opposed this b/c they feared it would explicitly be seen as the ONLY rights people had-Hamilton opposed, thought that states' (blank) were sufficient
Necessary and Proper Clause
allowed congress to make all laws that appear "necessary and proper" to implement its delegated powers...also called Elastic Clause
Judicial Review
principle established by Chief Justice John Marhsall in 1803 in the ruling of Marbury vs. Madison...legislative and executive action is subject to invalidation by the judiciary
Representative Democracy
the principle of elected individuals representing the people, as opposed to either autocracy or direct democracy
State powers
reserved powers
National powers
Delegated (enumerated, expressed)
Shared Powers
Concurrent
Examples of Delegated powers
Printing money, regulating interstate and international trade, making treating and conducting Foreign Policy, Declaring war
Examples of Reserved Powers
Issuing licenses, regulation of intrastate business(within the state), responsibility to pay for federal elections...conduct state elections, ratify amendments to the constitution, provide for health/safety of its citizens
Examples of Concurrent Powers
Collect taxes, build roads, operate courts of law, borrow money
Full faith and credit clause
states are required by the constitution to accept the court judgments, licenses, contracts and other civil acts of all other states
privileges and immunities clause
states may not refuse police protection or access to their courts to a U.S. citizen just because he lives in a different state
extradition
states must return fugitives to the states from which they have fled
supremacy clause
federal>state, conflicts between federal law and state law to be resolved in favor of federal law
Categorical grants
aid with strict provisions on how it may be spent, nationalists like these
Block Grants
aid where it is permitted for the state to experiment and use the money as they see fit, states' rightists like these
Crossover sanction
requires a state to do something before a grant will be awarded. ex. raise drinking age to 21 before federal highway money to build state roads is released
Separation of Powers
different but equally important tasks to three branches of government, prevents a person from serving in more than on branch of government at the same time
Checks and balances
constitutional safeguard to prevent any one branch of government from becoming dominant-requires branches to share power and cooperate with one another to accomplish anything of importance
Executive branch checks Leg/Jud
the president may veto a bill passed by both houses of congress, or pocket veto, and may initiate/recommend legislature. President is responsible for appointing Supreme Court Justices (to be approved by the senate)
Legislative branch checks Exec/Jud
congress can refuse to pass bills favored by president, can override a presidential veto by a 2/3 vote in both houses. HOR can impeach president, to be tried by Senate, Senate has power to approve/reject Supreme Court justices nominated by the president
veto
official term for rejection of legislation
override
can be done by congress by passing hte same law that was veto-ed by the president with a 2/3 majority in both houses of congress..if successful, the legislation becomes law regardless of the president's position
amendment
official term for the addition of provisions to the constitution
ratify
official term- to approve
establishment clause
in the 1st amendment, forbidding congress from establishing a state religion. prevents the passage of any law that gives preference or forces belief in any one religion. paired with a clause that prohibits limiting the free expression of religion
Selective incorporation
process of incorporating some of the bill of rights protections to state law, certain guarantees expressed in the BOR become applicable to the states through the fourteenth amendment
Cabinet
group of advisors made up of the heads of various executive departments of the government
Governor
leads the executive branch in a state, duties to the state are similar to the president's duties to the nation
Pardons and Reprieves
governor may grant this to relieve a person of any punishment for crime or temporarily postpone punishments
criminal cases
individual is accused of a crime
civil cases
in which disputing parties can sue to receive compensation
line-item veto
power to veto individual parts of a bill...only given to governor, in terms of federal veto, 1996, constitutionality was challenged in the Supreme Court, Clinton vs. NYC, unconstitutional delegation of legislative authority to the president, gives to much power to president takes away from congress
Revenue sharing
distribution of a portion of federal tax revenues to state and municipal courts, scheme for balancing taxing and spending between tiers of government
confederation
an association of sovereign member states