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AP Gov Units 1-4
Terms in this set (72)
Social contract theory
the view that persons' moral and/or political obligations are dependent upon a contract or agreement among them to form the society in which they live
This document, signed by King John of Endland in 1215, is the cornerstone of English justice and law. It declared that the king and government were bound by the same laws as other citizens of England. It contained the antecedents of the ideas of due process and the right to a fair and speedy trial that are included in the protection offered by the U.S. Bill of Rights
English Bill of Rights
said that only Parliament can pass laws, freedom of speech and debate in Parliament Protection from excessive bail
the institutions through which public policy are made
separation of powers
a feature of Constitution that requires each of the 3 branches of government- executive, legislative, and judicial- to be relatively independent of the others so that one cannot control the others. POWER IS SHARED AMONG 3 INSTITUTIONS
checks and balances
features of the Constitution that limit the government's power by requiring each branch to obtain consent of the others for its actions, limiting and balancing power among branches
supporters of the U.S. Constitution at the time the states were contemplating its adoption
opponents of the U.S. Constitution at the time the states were contemplating its adoption
a collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail
Authority given the courts to review constitutionality of acts by the executive/state/legislature; est. in Marbury v. Madison
privileges and immunities
A constitutional clause which is designed to prevent states from discriminating against out of state citizens on matters of fundamental or essential rights and activities
The constitution mandates that citizens of each state shall be entitled to the privileges and immunities afforded in all states
composed of one legislative body
composed of two legislative bodies
New Jersey Plan
the proposal at the Constitutional Convention that called for equal representation of each state in Congress Regardless of the state's population. states got an equal number of representatives in Congress, Opposite of the Virginia Plan, it proposed a single-chamber congress in which each state had one vote. This created a conflict with representation between bigger states, who wanted control befitting their population, and smaller states, who didn't want to be bullied by larger states.
was presented to the Constitutional Convention and proposed the creation of a bicameral legislature with representation in both houses proportional to population. The Virginia Plan favored the large states, which would have a much greater voice. In opposition, the small states proposed the New Jersey Plan. In the end, the two sides found common ground through the Connecticut Compromise.
agreement that large and small states reached during the Constitutional Convention of 1787 that in part defined the legislative structure and representation that each state would have under the United States Constitution. Compromise agreement by states at the Constitutional Convention for a bicameral legislature; 2 houses of Congress: with a lower house, House of Representatives in which representation would be based on population and an upper house called the Senate in which each state would have two representatives
Three Fifths Compromise
Compromise agreement 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.
The Declaration of Independence
an act of the Second Continental Congress, adopted on July 4, 1776, which declared that the Thirteen Colonies in North America were "Free and Independent States" and it states the grievances against the British monarch and declared their independence
A structure of government proposed by James Madison in which the powers of the government are separated into three branches: executive, legislative, and judicial.
Articles of Confederation
the nations first constitution, was adopted by the second continental congress in 1781 during the revolution. the document was limited because states held most of the power, and congress lacked the power to tax, regulate trade, or control coinage. The articles established a national legislature, the Continental Congress, but most authority rested with states legislatures
powers of the federal government that are specifically addressed in the Constitution. National Powers, which include: Regulate trade, Coin Money, Provide an army and navy, Conduct foreign affairs, Set up federal courts
powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the Constitution that Congress has the power to "make all laws necessary and proper"
powers that are shared by both the federal and state governments. National and State Powers, which include: Enforce the laws, establish courts, collect taxes, Borrow money, provide for the general welfare
Powers that can only be executed by the federal government.
powers given to the state government alone. State Powers, which include: Regulate trade within the state, establish local government systems, conduct elections, establish public school systems
The powers of the national government in the field of affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government.
McCulloch v. Maryland
the "necessary and proper" clause of the Constitution allows Congress to take actions when it is essential to a power that Congress has. a supreme court decision that established the supremacy of the national governments over state governments. The court led by chief Justice John Marshall, held that Congress had certain implied powers in addition to the powers enumerated in the Constitution. Maryland tried to tax National Bank, McCulloch disagreed, Supreme Court established National Superiority over States.
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,
writ of habeas corpus
a court order requiring jailers to explain to a judge why they are holding a prisoner in custody, "innocent until proven guilty"
the channels through which people's concerns become political issues on the government's policy agenda. In the United States, linkage institutions include elections, political parties, interest groups, and the media.
a theory of American democracy emphasizing that the policymaking process is very open to participation of all groups with shared interests, with no single group usually dominating
a theory of government and politics contending that groups are so strong that government is weakened.
a theory of government and politics contending that societies are divided along class lines and that an upper-class elite will rule
a way of organizing a nation so that 2 or more levels of government have formal authority over the same land and people. it
a system of government in which both the states and the national government
A system of government in which powers and policy assignments are shared between states and the national government
Use of the federal budget- taxes, spending, and borrowing- to influence the economy; along with monetary policy, a main tool by which the government can attempt to tsteer the economy. Fiscal policy is almost entirely determined by Congress and the president.
New Federalism is a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states. The primary objective of New Federalism, unlike that of the eighteenth-century political philosophy of Federalism, is the restoration to the states of some of the autonomy and power which they lost to the federal government as a consequence of President Franklin Roosevelt's New Deal.
(As a policy theme, New Federalism typically involves the federal government providing block grants to the states to resolve a social issue. The federal government then monitors outcomes but provides broad discretion to the states for how the programs are implemented. Advocates of this approach sometimes cite a quotation from a dissent by Louis Brandeis in New State Ice Co. v. Liebmann.)
Transferring responsibility for policies from the federal government to state and local goverments.
conditions of aid
Terms set by the national government that states must meet if they are to receive certain federal funds.
Requirements that direct states and local governments to provide additional services under the threat of penalties or as a condition of the the receipt of federal grant money. For example the drinking age within states.
A mandate issued by the national government in which federal funds are not provided. This was seen with the Americans with Disabilities Act.
parliamentarian government (Parliamentary Government?)
a form of government in which the chief exec is the leader of the majority party in the leg. Elect the prime minister from the parliament itself --> prime minister = more influential because he controls both exec and legislative branches.
Federal grants that can be used only for specific purposes, or "categories", of state and local spending. They come with strings attached, such as non-discrimination provision.
Federal grants given more or less automatically to states or communities to support vroad programs in areas such as community development and social services.
Federal categorical grant given for specific purposes and awarded on the basis o the merit of applications.
Public grants are a type of grant where funding is received from the public through tax dollars.
A proposed form of representative democracy where each representative's vote is weighted in proportion to the number of citizens who have chosen that candidate to represent them.
A type of democracy founded on the principle of elected officials representing a group of people, as opposed to direct democracy (opposite from direct representation).
rule of law
A system in which all individuals and groups, including those in government, are subject to the law, irrespective of their power and authority.
The idea that certain restrictions should be placed on government to protect the natural rights of citizens.
A form of government in which the people select representatives to govern them and make laws.
The principle of democracy that the people are the ultimate source of government authority and of the policies that the leaders make.
Full Faith and Credit
A clause in Article IV of the Constitution requiring each state to recognize the public acts, records, and judicial proceedings of all other states.
The pinnacle of the American judicial system. The Court ensures uniformity in interpreting national laws, resolves conglicts aomng states, and maintains national supremacy in law. It has both origianl jurisdiction and appellate jurisdiciton.
Introduction that discusses the goals of the Constitution.
bills of attainder
A legislative act finding a person guilty of treason or felony without a trial, A law that declares a person, without trial, to be guilty of a crime. The state legislatures and Congress are forbidden to pass such acts, Article 1, Sections 9 and 10, of the Constitution.
ex post facto laws
Punishing someone for something that is now illegal but was legal when it was committed . Congress is prohibited from enacting this type of legislation. (ex: if Bob picked flowers from a forest preserve two months ago but the forest preserve only announced that picking flowers was illegal a month ago, Bob cannot be persectued for his 'crime')
Gibbons v. Ogden
A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clasue in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce as encompassing virtually every form of commercial activity.
necessary and proper clause (elastic clause)
The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated powers.
The issues that attract the serious attention of public officials and other people actively involved in politics at the time.
A system of selection policymakers and of orgaizing government so that policy represents and responds to the public's preferences.
A fundamental principle of traditional democratic theory. In a democracy, choosing among alternatives requires that the majority's desire be respected.
The process determining the leaders we select and the policies they pursue. Politics produces authoritative decisions about public issues.
Bill of Rights
The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and gurantee defendants' rights.
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 aomng America's Founders.
A way of organizing a nation so that all power resides in the central government. Most national governments today are unitar governments.
A legal process whereby a state surrenders a person charged with a vrime to the state in which the crime is alleged to have been committed.
The branches of government charged with taking action on political issues. The U.S. Constitution established three policymaking institutions- Congress, the presidency, and the courts. Today, the power of the bureaucracy is so great the most political scientists consider it a fourth policymaking institution.
A series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to tblock foreclosure preceedings.
"purpose of government"
The sole purpose of government, according to John Locke, was to protect natural rights.
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