169352252 | Bill of Attaidner | Congress can regulate trade between nations, between states, and among Indian tribes. | |
169352253 | Contracts Clause | No state can interfere with the execution of contracts. For example, a state could not pass a law that declares all debts to be null and void. | |
169352254 | Due Process Clause 5th Amendment | The national government must observe fair procedures when it denies a person life, liberty, or property. | |
169352255 | Due Process Clause 14th Amendment | State governments must observe fair procedures when they deny a person life, liberty, or property. | |
169352256 | Elastic Clause | Congress can exercise powers not specifically mentioned in the Constitution if those powers are "necessary & proper" for carrying out its expressed powers that are specifically stated. | |
169352257 | Equal Protections Clause 14th Amendment | States cannot unreasonably discriminate against individuals. They must treat people "equally" | |
169352258 | Establishment Clause | Congress cannot establish an "official" religion. This is the reason why the U.S. has a separation of church and state. | |
169352259 | Ex Post Facto Clause | Congress cannot pass a law that punished a person for something that was not a crime when it was committed. | |
169352260 | Extradition Clause | An accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime. | |
169352261 | Free Exercise Clause | Congress cannot pass a law that bans the freedom of worship. | |
169352262 | Full Faith and Credit Clause | A state must recognize the validity of the public acts, records, and court decisions of other states. For example, a state must recognize the validity of a birth certificate issues in another state. | |
169352263 | Privileges and Immunities Clause | A state cannot unreasonably discriminate against citizens of other states | |
169352264 | Reserved Power Clause | Any power that is not granted to the national government, or denied to the states, automatically reverts to the states. | |
169352265 | Search & Seizure Clause | This protects citizens against unreasonable searches and seizures. | |
169352266 | Supremacy Clause | Federal law is supreme over state law | |
169352267 | Takings Clause | A government can take private property for a public purpose, but it must provide fair compensation to the owners of that property | |
169352268 | Bicameral Legislature | two-house legislature | |
169352269 | Block Grant | Money granted by the federal government to the states for a broad purpose rather than for a narrow purpose | |
169352270 | Categorical Grant | Money granted by the federal government to the states for a narrow purpose. These come with strings attached (ie. nondiscrimination provisions) | |
169352271 | Centralists | those who favor national authority over state authority | |
169352272 | Checks and Balances | system in which each branch of government can limit the power of the other two branches | |
169352273 | Concurrent Powers | those held by both Congress and the states | |
169352274 | Confederation | system in which sovereign states are only loosely tied to a central government | |
169352275 | Enumerated Powers | those that are specifically granted to Congress (also known as expressed powers) | |
169352276 | Federalism | constitutional sharing of power between a central government and state governments | |
169352277 | Dual Federalism | system in which the national government and state governments are coequal, with each being dominant within its respective sphere | |
169352278 | Cooperative Federalism | system in which both federal government and state government cooperate in solving problems | |
169352279 | New Federalism | system in which the national government restores greater authority back to the states | |
169352280 | Federalist Papers | anthology of 85 essay written by Madison, Hamilton, and Jay for the purpose of persuading the people of New York to adopt the Constitution | |
169352281 | Formal Amendment | a change in the actual wording of the constitution (proposed by 2/3 votes of Congress/national convention and ratified by 3/4 votes of state legislatures/conventions ) | |
169352282 | Implied Powers | those that are "necessary and proper" to carry out Congress enumerated powers and are granted to Congress through the Elastic Clause | |
169352283 | Indirect Democracy | system in which the people rule by their representatives | |
169352284 | Inherent Powers | foreign policy powers held by the national government by virtue of its being a national government | |
169352285 | Informal Amendment | a change in the meaning, but not the wording, of the Constitution through court decisions such as Brown v. Board | |
169352286 | Judicial Review | power of the courts to rule on the constitutionality of laws and government actions | |
169352287 | Mandates | requirements imposed by the national government upon the states (unfunded mandates are imposed by the national government but lack funding) | |
169352288 | Marbury v. Madison | the court case that established judicial review | |
169352289 | McCulloch v Maryland | the court cast that established the principle of national supremacy and the validity of implied powers. In this case, Maryland's state government tried to tax the national bank.) | |
169352290 | Police Powers | powers of the states to protect the public health, safety, morals, and welfare of the public | |
169352291 | Popular Sovereignty | principle in which ultimate political authority rests with the people | |
169352292 | Reserved Powers | powers held by the states through the 10th amendment. Any power not granted to the U.S. government is "reserved" for the states | |
169352293 | Separation of Powers | Principle in which the powers of government are separated among three branches | |
169352294 | Shay's Rebellion | 1786 revolt by Massachusetts farmers seeking relief from debt and foreclosure that was a factor in the calling of the Constitutional Convention | |
169352295 | Supermajority | a majority greater than a simple majority of one over half (ie. 3/5, 2/3) | |
169352296 | Uni-cameral Legislature | single-house legislature | |
169352297 | Majoritarian Theory | a democratic theory which satisfies the following: what the majority wants, the will of the people | |
169352298 | Elite Theory | a democratic theory in which followers believe that the power should rest with the 1%-5% of people with wealth | |
169352299 | Pluralist Theory | a democratic theory which believes in healthy competition, and that different groups all have power | |
169352300 | Hyperpluralist Theory | a democratic theory that is the opposite of the pluralist theory. Followers of this believe that good decisions cannot be made because there are too many strong, influential groups. |
APGov Unit 1: Constitutional Underpinnings
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