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APGov Unit 1: Constitutional Underpinnings

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169352252Bill of AttaidnerCongress can regulate trade between nations, between states, and among Indian tribes.
169352253Contracts ClauseNo 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.
169352254Due Process Clause 5th AmendmentThe national government must observe fair procedures when it denies a person life, liberty, or property.
169352255Due Process Clause 14th AmendmentState governments must observe fair procedures when they deny a person life, liberty, or property.
169352256Elastic ClauseCongress 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.
169352257Equal Protections Clause 14th AmendmentStates cannot unreasonably discriminate against individuals. They must treat people "equally"
169352258Establishment ClauseCongress cannot establish an "official" religion. This is the reason why the U.S. has a separation of church and state.
169352259Ex Post Facto ClauseCongress cannot pass a law that punished a person for something that was not a crime when it was committed.
169352260Extradition ClauseAn accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime.
169352261Free Exercise ClauseCongress cannot pass a law that bans the freedom of worship.
169352262Full Faith and Credit ClauseA 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.
169352263Privileges and Immunities ClauseA state cannot unreasonably discriminate against citizens of other states
169352264Reserved Power ClauseAny power that is not granted to the national government, or denied to the states, automatically reverts to the states.
169352265Search & Seizure ClauseThis protects citizens against unreasonable searches and seizures.
169352266Supremacy ClauseFederal law is supreme over state law
169352267Takings ClauseA government can take private property for a public purpose, but it must provide fair compensation to the owners of that property
169352268Bicameral Legislaturetwo-house legislature
169352269Block GrantMoney granted by the federal government to the states for a broad purpose rather than for a narrow purpose
169352270Categorical GrantMoney granted by the federal government to the states for a narrow purpose. These come with strings attached (ie. nondiscrimination provisions)
169352271Centraliststhose who favor national authority over state authority
169352272Checks and Balancessystem in which each branch of government can limit the power of the other two branches
169352273Concurrent Powersthose held by both Congress and the states
169352274Confederationsystem in which sovereign states are only loosely tied to a central government
169352275Enumerated Powersthose that are specifically granted to Congress (also known as expressed powers)
169352276Federalismconstitutional sharing of power between a central government and state governments
169352277Dual Federalismsystem in which the national government and state governments are coequal, with each being dominant within its respective sphere
169352278Cooperative Federalismsystem in which both federal government and state government cooperate in solving problems
169352279New Federalismsystem in which the national government restores greater authority back to the states
169352280Federalist Papersanthology of 85 essay written by Madison, Hamilton, and Jay for the purpose of persuading the people of New York to adopt the Constitution
169352281Formal Amendmenta 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 )
169352282Implied Powersthose that are "necessary and proper" to carry out Congress enumerated powers and are granted to Congress through the Elastic Clause
169352283Indirect Democracysystem in which the people rule by their representatives
169352284Inherent Powersforeign policy powers held by the national government by virtue of its being a national government
169352285Informal Amendmenta change in the meaning, but not the wording, of the Constitution through court decisions such as Brown v. Board
169352286Judicial Reviewpower of the courts to rule on the constitutionality of laws and government actions
169352287Mandatesrequirements imposed by the national government upon the states (unfunded mandates are imposed by the national government but lack funding)
169352288Marbury v. Madisonthe court case that established judicial review
169352289McCulloch v Marylandthe 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.)
169352290Police Powerspowers of the states to protect the public health, safety, morals, and welfare of the public
169352291Popular Sovereigntyprinciple in which ultimate political authority rests with the people
169352292Reserved Powerspowers held by the states through the 10th amendment. Any power not granted to the U.S. government is "reserved" for the states
169352293Separation of PowersPrinciple in which the powers of government are separated among three branches
169352294Shay's Rebellion1786 revolt by Massachusetts farmers seeking relief from debt and foreclosure that was a factor in the calling of the Constitutional Convention
169352295Supermajoritya majority greater than a simple majority of one over half (ie. 3/5, 2/3)
169352296Uni-cameral Legislaturesingle-house legislature
169352297Majoritarian Theorya democratic theory which satisfies the following: what the majority wants, the will of the people
169352298Elite Theorya democratic theory in which followers believe that the power should rest with the 1%-5% of people with wealth
169352299Pluralist Theorya democratic theory which believes in healthy competition, and that different groups all have power
169352300Hyperpluralist Theorya 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.

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