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American Gov: Sessions 3-5
The Constitution and Federalism
59
Political Studies
Undergraduate 2
01/30/2011

Additional Political Studies Flashcards

 


 

Cards

Term
10th Amendment
Definition
Declares that "The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"
Term
Anti-Federalists
Definition
Opposed the ratification of the new Constitution because they thought it gave too much power to the national government. They raised the issue of a Bill of Rights in hopes of defeating the new Constitution and to force the convening of a new constitutional convention
Term
Articles of Confederation (1781)
Definition

  • the first constitution  of the U.S., specified how the Federal government was too operate, including adoption of an official name for the new nation, United States of America. 
  • Viewed by many as not strong enough:
    • could not collect taxes
    • could not raise an army
    • could not regulate commerce

Term
Bill of Rights
Definition

  • The first 10 amendments of the Constitution.
  • Key measure on ratifying the Constitution (Federalists vs. Antifederalists)
  • Initially meant to only apply to the national government but after the 14th Amendment (defining U.S. Citizenship) the Supreme Court interpreted the Due Process Clause of the 14th Amendment to apply most of the provisions of the B.O.R. to the states.

Term
bill of attainder
Definition
a law declaring a person or a group of persons guilty of a crime and providing for punishment without benefit of a judicial preceeding
Term
categorical grant program
Definition

a federal grant program that provides funds to state and local governments for a fairly narrow, specific purpose

 

(most federal grant funding is designated to Health, i.e. Medicare, Medicaid)

Term
block grant program
Definition
a federal grant program that provides money for a program in broad, general policy area
Term
checks and balances
Definition
the overlapping of the powers of the branches of government to ensure that public officials limit the authority of each other
Term
commerce clause
Definition
the constitutional provision giving Congress authority to regulate commerce among several states
Term
Connecticut Compromise
Definition
the resulting organization of America's bicameral Congress from an agreement between large-state and small-state forces
Term
Continental Congress
Definition
the one-house legislature in which the American colonies were loosely allied during the Revolutionary War
Term
delegated/enumerated powers
Definition
the powers explicitly granted to the national governmetby the Constitution
Term
due process
Definition
the constitutional principle holding that government must follow fair and regular procedures in actions that could lead to an individuals' suffer loss of life, liberty, or property
Term
ex post facto law 
Definition
a retroactive criminal statute that operates to the disadvantage of accused persons. It criminalizes past actions that were taken before the law was passed
Term
federal system
Definition
a political system that divides power between a central government, with authority over the whole nation, and a series of state governments
Term
Federalists
Definition

  • Supported the ratification of the Constitution.
  • Opposed the Bill of Rights because:
    • Alexander Hamilton feared that such an enumeration, once written down explicitly, would later be interpreted as a list of the only rights that people had.

Term
The Federalist Papers
Definition
a series of essay written by James Madison, Alexander Hamilton, and John Jay advocating the ratification of the Constitution
Term
formula grant program
Definition
a grant program that awards funding on the basis of a formula established by Congress
Term
Publius
Definition
the pseudonym under which the Federalist Papers were written
Term
James Madison
Definition

 

  • Pivotal in shaping America's system of separation of powers with checks & balances.
  • A writer of the Federalist Papers (thus also a Federalist)
  • Believed that a strong central government with diverse interests but with checks & balances
    • No overly-powerful government officials
  • Pivotal in the writing of the Constitution.
  • Drafted the Virginia Plan

 

Term
John Locke
Definition

  • An English philosopher whose work "Second Treatise on Government" heavily influenced that wrote the Constitution.
  • Believed that:
    • People in their natural state were born free & equal, and possessed certain natural rights which were: life, liberty, and property.
    • In order to protect their rights, people voluntarily join together to form governments
    • The power of government stems from the consent of the governed who entrust the government with responsibility for protecting their natural rights.
    • Should government fail in this task, the people have the right to revolt and institute a enw government

Term
judicial review
Definition
the power of courts to declare unconstitutional the actions of the other branches and units of government
Term
Marbury vs. Madison
Definition

  • A case that cause the Supreme Court to assume the power of judicial review through constitutional interpretation itself for the first time.
  • William Marbury was appointed to the judicial branch by President john Adams in his last day of office. Adams signed Marbury's commission but his Secretary of State neglected to deliver it that day. When new President Thomas Jefferson ordered his Secretary of State, James Madison, not to deliver his commission and Marbury sued. Marbury was entitled his position by the Supreme Court.

Term
matching funds requirement
Definition
the legislative provision that the national government will provide grant money for a particular activity only on the condition that the state or local government involved supplies a certain percentage of the total money required for the project or program
Term
McCulloch vs. Maryland
Definition

 

  •  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.
  • established the following two principles
    • Implied powers, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.
    • National over state (National Supremacy Clause), state action may not impede valid constitutional exercises of power by the Federal government.

 

Term
National Supremacy Clause (Article VI)
Definition

the constitutional provision that declares that the Constitution and laws of the U.S. take precedence over the constitution and laws of the states

Term
natural rights
Definition

  • a principle holding that all human beings are created equal and 8, these principles do not change over time, and political institutions can be created to reflect natural equality and human dignity

Term
positivism:
Definition
holds that constitutions and laws should reflect prevailing social convention and thought
Term
limited government
Definition
the constitutional principle that government has restricted authority over individuals
Term
Necessary and Proper Clause or Elastic Clause (Art. 1, Section 8)
Definition
the Constitutional provision that declares that “[Congress shall have the power] to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the U.S., or in an department or office thereof.” It is the basis for much of the legislation passed by Congress because it gives Congress the means to exercise its delegated authority.
Term
Parliamentary system
Definition
a system of government in which political power is concentrated in a legislative body and a cabinet headed by a prime minister
Term
Power of the purse
Definition
the government’s authority to raise and spend money
Term
presidential system 
Definition
a system of government where an executive branch exists and presides (hence the name) separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it.
Term
Representative democracy vs. direct democracy
Definition

 

Representative democracy is a political system in which citizens elect representatives to make policy decisions on their behalf while in a direct democracy citizens vote directly on matters of public concern.

 

Term
Rule of law
Definition
the constitutional principle that holds that the discretion of public officials in dealing with individuals is limited by the law
Term
Separation of powers
Definition
the division of political power among executive legislative and judicial branches
Term
Shared/concurrent powers
Definition

 

those powers of government that are jointly exercised by the national government and state governments

 

Term

 

Shay’s Rebellion (1786-87)

 

Definition

  • A rebellion raised by small farmers in Massachusetts against the government over debt and taxes, led by Daniel Shay.
  • Led to the public embracing a stronger national government than the one provided by the Articles of Confederation

 

Term
Sovereignty
Definition

 

the authority of a state to exercise its legitimate power within its boundaries, free from external interference

 

Term
Tyranny of majority
Definition

  • the abuse of the minority by the majority
  • feared the effect of direct democracy

Term
Unicameralism vs. bicameralism
Definition
one house vs. two houses
Term
Writ of habeas corpus
Definition

 

a court order requiring that government authorities either release a person held in custody or demonstrate that the person is detained in accordance with law

 

Term
How does the Constitution affect present-day policymaking
Definition

 

  • Very generalized and vague, allowing for open interpretation
  • Changed through practice and experience
    • various powers of the government have grown, diminished, or been in place despite to not being explicitly mentioned in the Constitution (i.e. federal bureaucracy, committee system in Congress)
    • changed through use of  “implied powers”
  • Constitutional change through amendment
    •  
  • Constitutional change through judicial interpretation
    • Judicial interpretation of the Constitution is inevitable because of the document’s generalized nature, requiring reinterpretation and adaption.
    • judicial review which is an instrument of constitutional change because the process involves constitutional interpretation

 

 

Term
Advantages of federalism
Definition
  • Supports diversity of American society by citizens being subject to both their federal system and state, allowing individual's states customs and demographics to be considered in politics
  • Brings government closer to people
  • checks & balances
  • states are a laboratory for potential national policies

 

Term
Virginia Plan
Definition

  • A proposition by Virginia delegates, drafted by James Madison, in 1787.
  • It set the agenda for debate at the 1787 Congress Confederation meeting.
  • Proposed a bicameral legislation.
  • Proposed that each state be represented by their population in Congress.
    • Beneficial for VA who had the most populous state at the time.

Term
Kelo vs. New London (2005)
Definition

  • Stretched the concept of eminent domain
  • a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development.

Term
eminent domain
Definition
an action of the state to seize a citizen's private propertyexpropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent. The property is taken either for government use or by delegation to third parties who will devote it to public or civic use or, in some cases, economic development (i.e military use, for highways)
Term
Montesquieu
Definition
a French political thinker during the Enlightenment who inspired the idea of checks & balances
Term
Whiskey Rebellion (1790's)
Definition

  • A resistance movement in Massachusetts that was rooted in western dissatisfaction with various policies of the eastern-based national government. Members were angry about the tax on whisky.
  • Led to the formation of political parties (a process already underay

Term
Pros of Federalism
Definition

  • Checks & Balances
  • An individual state's customs and  demographics can be considered in policies
  • Brings government closer to people
  • States are laboratory for policies (can try dif. ones)

Term
Cons of Federalism
Definition

 

  • Equality issue, different states have different laws which can interfere with the laws of other states
  • expensive system --> not as efficient

 

Term
Versluis
Definition

 

  • Secession is not really plausible
    • too much inter-state conmmerce
    • states have a lot of financial support from the federal government.

 

Term
common law
Definition
That which derives its force and authority from the universal consent and immemorial practice of the people. The system of jurisprudence that originated in England and which was latter adopted in the U.S. that is based on precedent instead of statutory laws (those written down).
Term

 

cons of direct democracy

 

Definition

 

 

  • doesn't allow diversity of ideas, good for homogenous populations
  • voters would need to be educated in politics and current events

 

 

Term

 

micro level

 

Definition

 

individuals (i.e. President, Congressman)

 

Term
messo level
Definition

 

groups/institutions (i.e. representative democracy)

 

Term
macro level
Definition

 

system (i.e. Constitution & Federalism)

 

Term
Examples of Big State vs. Small State
Definition

  • Connecticut Compromise
  • electoral college
  • 3/5 Compromise

Term
Main Principles Behind the Constitution
Definition

  • Representative democracy
  • Limited Government
  • Rule of Law
  • Bill of Rights

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