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52 Cards in this Set

  • Front
  • Back
Federalism
Government that divides power between national and local governments
Enumerated powers
Powers listed in Article 1 section 8 for Congress
Supremacy Clause
Clause found in article VI says that the laws of the national government stand above conflicting state laws
Reserved Powers
Powers found in 10th Amendment that are for states only
Bill Of Atainder
Passing laws that declare an act illegal without benefit of a trial, DENIED
Ex Post Facto
Government passing laws that punish behavior that was legal when done, but is now against the law. DENIED
Establishment Clause
Constitution guarantees that citizens of one state are treated equally in other states. For example citizens of Iowa can buy property in Wisconsin
Necessary and Proper clause is also known as the ______
elastic clause
Full Faith and Credit Clause
Found in Article IV ensures that judicial decrees and contracts made in one state are enforceable in others
Interstate agreements
Constitution allows states to form binding agreements such as a provision to share water if it is approved by Congress
McCulloch v. Maryland
Decided via necessary and proper clause that states could create a national bank but could not tax it
Gibbons v. Ogden
Court upheld broad congressional power over interstate commerce and gave a broad definition to interstate commerce
Natural law
Doctrine that society should be governed by certain ethical principles that are a part of nature and, as such, can be understood by reason
Social Contract Theory
belief that people are free and equal by natural right, and that this in turn requires that all people give their consent to be governed; espoused by John Locke and influential in the writing of the Decleration of Independance
Republic
A government rooted in the consent of the governed; a representative or indirect democracy
Direct Democracy
System of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule
Adam Smith
Wrote Wealth of Nations
Mercantilism
An economic theory designed to increase a nation's wealth through the development of commercial industry and a favorable balance of trade;
Export more than you import
Socialism
Socialism is an economic and political theory advocating public or common ownership and cooperative management of the means of production and allocation of resources; big government
Capitalism
an economic and political system in which a country's trade and industry are controlled by private owners for profit, rather than by the state.
Popular Consent
idea that governments must draw their powers from the consent of the governed
Libertarianism
an extreme hands-off political philosophy advocating only minimal state intervention in the lives of citizens.
Common Sense
Written by Thomas Paine, arguing independence from Great Britain
Confederacy
Type of government where the national government derives its powers from the states; a league of independent states
5 goals of the Articles of Confederation
National government with a Congress
Each state can has complete independence to govern within its territories
One vote in Congress for each state
Vote of 9 states to pass measure (unanimous vote on any amedment)
Congress members are selected and paid by state legislatures
Problems under articles of Confederation
Congress rarely assembled
Congress couldn't tax
Currency was worthless
No executive branch
No judicial system
No Strong Central government
Ex post facto and Bill of atainder
were not denied
Decleration Of Independance
Breakup letter with King George
Montesquieu
Proposed separation of powers
Locke
Social Contract
Believed in democracy
Man need not be harmed in his "Life, liberty, health, property"
If someone produces something via labor, it is theirs
Optimistic view of man
Hobbes
Believed that man was evil
Man's only interest is himself
Surrendering some freedoms to an absolute sovereign
Rousseau
Man is born free and self interested
state of nature = state of indifference
Knowledge is to be experienced not taught
In favor of communes
Unnecessary rules deprive us of freedom and equality
Judicial Review
Supreme Court can throw out on law they deem unconstitutional
Decided that judicial review was constitutional in Marbury v. Madison
Commerce Clause
Congress has the enumerated power to regulate commerce. Definition of commerce varies
Privileges and Immunities Clause
Guarantees that citizens of each state are afforded the same rights as citizens of all other states
Anti-Federalists
Afraid that the government would get too powerful,opposed strong central government
Formal ways to propose amendments (2)
Proposed by 2/3 vote from members in both houses of Congress or 2/3 of statelegislature to call national convention
How to ratify an amendment
favorable vote in 3/4 of state legislatures or favorable vote ratifying conventions in 3/4 of states
Informal Amendments
Judicial Review
Cultural and Social Change (New Deal allowed for greater governmental power)
9th and 10th Amendments
gives power to the states
Denied Powers
Ex post facto
Bill of Atainder
Cooperative Federalism
Layer cake analogy; intertwined relationship between national, state, and local governments that began with New Deal
Concurrent Powers
Powers shared by national and state governments include:
Tax
Borrow Money
Establish Courts
Make & enforce laws
Spend money for the general welfare
Dual Federalism
Separate and equally powerful levels of gov. is the best arrangements
Unfunded Mandate
An law that congress orders states to implement without funding
Categorical grant
Grants that give federal funds to states for a specific purpose
Block Grant
Broad grant with little strings attached; given to states for general categories of activity like secondary education or health services
Intergovernmental Lobby
One branch of government lobbying another for $$$
Preemption
Derived from Supremacy Clause,
Allows national government to override state actions in certain areas
Devolution
giving states more power via block grants and less unfunded mandates
Interstate Compact
Contracts between states that carry the force of law
Articles
Legislative
Executive
Judicial
Relationship With States
Amendments
Supremacy Clause
Ratification
Extradition
Requires states to return criminals to states where they have been convicted or are to stand trial