Constitutional Underpinnings Vocab

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Anarchy

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lack of government

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Autocracy

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Rule by one

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Oligarchy

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Rule by a few

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Absolute Monarchy

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ruler gains power through inheritance. Also there are no restrictions on the ruler's power

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Constitutional Monarchy

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ruler gains power through inheritance.

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Dictatorship

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ruler seizes power.

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Aristocracy

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rule by the elite, usually determined by social status or wealth

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Theocracy

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rule by religious leaders

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Theocracy

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rule by religious leaders

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Direct democracy

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citizens meet and make decisions about public policy issues

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Representative Democracy

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citizens choose officials (representatives) who make decisions about public policy

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traditional democratic theory

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Government depends on the consent of the governed, which may be given directly or through representatives

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pluralist theory

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Interest groups compete in the political arena, with each promoting its policy preferences through organized efforts. Conflict among groups may result, requiring bargaining and compromise.

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elite theory

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A small number of powerful elite (corporate leaders, top military officers, government leaders) form an upper class, which rules in its own self-interest.

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bureaucratic theory

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The hierarchical structure and standardized procedures of modern governments allow bureaucrats, who carry out the day-to-day workings of government, to hold the real power over public policy.

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hyperpluralism

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Democracy is a system of many groups having so much strength that government is often "pulled" in numerous directions at the same time, causing gridlock and ineffectiveness.

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Articles of Confederation

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The Articles of Confederation (1781-1789) became the first national constitution for governing the American states.

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Constitutional Convention

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The Constitutional Convention was convened in Philadelphia in May of 1787, for the purpose of revising the Articles of Confederation.

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Virginia Plan

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Initial proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature dominated by the big states.

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New Jersey Plan

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Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally.

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Connecticut (Great)Compromise

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Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.

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Three-fifths Compromise

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Compromise 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.

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Commerce and Slave Trade Compromise

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Congress was prohibited from taxing exports from the states and from banning the slave trade for a period of 20 years.

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Federalists

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Supporters of ratification of the Constitution and of a strong central government.

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Antifederalists

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Opponents of ratification of the Constitution and of a strong central government, generally.

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limited government

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belief that government is not all-powerful; government has only those powers given to it.

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Popular sovereignty

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the people are the source of government's authority

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separation of powers

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power is separated among three branches of government; each has its own powers and duties and is independent of and equal to the other branches

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checks and balances

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each branch is subject to restraints by the other two branches.

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federalism

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a division of governmental powers between the national government and the states.

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Formal Amendment Process

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One major weakness of the Articles of Confederation was the amendment process, which required unanimous approval for amendments to become effective.

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Formal Amendments

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Formal amendments are written changes to the Constitution. They add to, change the wording of, or delete language from the Constitution.

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Informal Amendment Process

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do not involve actually changing the wording of the Constitution.

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legislative actions

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Congress has passed various acts that have altered or made clear the meaning of the Constitution. For example, under Article III Congress is given the authority to create lower courts, which they did through the Judiciary Act of 1789.

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executive actions

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The manner in which presidents use their powers can create informal amendments and expand presidential authority. The use of executive agreements rather than treaties allows the president to bypass the Senate.

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judicial interpretation/judicial review

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The people who serve as judges and the times in which they serve affect how courts interpret laws. The concept of judicial review resulted from Marbury v. Madison (1803); it is not mentioned in the Constitution.

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custom and usage

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Traditions that have been incorporated into the political system and which have lasted over time have changed the meaning of the Constitution. Senatorial courtesy in the Senate and the "no-third-term" tradition in the Presidency (until the Twenty-second Amendment made it part of the Constitution) are examples.

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delegated powers

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expressed, or enumerated powers, those specifically given to the national gov’t (Articles I-V).

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implied powers

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although not expressed, powers that may be reasonably inferred from the Constitution (Article I, Section 8, Clause 18 - the Necessary and Proper or Elastic Clause)

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inherent powers

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powers that belong to both the national and state governments.

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implied powers

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although not expressed, powers that may be reasonably inferred from the Constitution (Article I, Section 8, Clause 18 - the Necessary and Proper or Elastic Clause)

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inherent powers

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powers that belong to both the national and state governments.

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reserved powers

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powers belonging specifically to the state because they were neither delegated to the national government nor denied to the states (Article IV; Amendment 10).

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full faith and credit clause

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States are required to recognize the laws and legal documents of other states, such as birth certificates, marriage licenses, drivers' licenses, wills.

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privileges and immunities clause

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States are prohibited from unreasonably discriminating against residents of other states.

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extradition

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States may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state.

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extradition

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States may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state.

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interstate compacts

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States may make agreements, sometimes requiring congressional approval, to work together to solve regional problems.

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extradition

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States may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state.

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interstate compacts

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States may make agreements, sometimes requiring congressional approval, to work together to solve regional problems.

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Supremacy Clause

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Helps to resolve conflicts between national and state laws.

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McCulloch v. Maryland (1819)

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The Supreme Court dealt with the issues of the necessary and proper clause and the supremacy clause when Maryland imposed a tax on the Baltimore branch of the Second National Bank of the United States. The Marshall court ruled that although no provision of the Constitution grants the national government the expressed power to create a national bank, the authority to do so can be implied by the necessary and proper clause (Article I, Section 8, Clause 18). This ruling established the implied powers of the national government and national supremacy, the basis used to strengthen the power of the national government.

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Gibbons v. Ogden (1824)

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At issue was the definition of commerce and whether the national government had exclusive power to regulate interstate commerce.

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Dual Federalism

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Views the national and state governments each remaining supreme within their own sphere of influence. The national government having authority over national matters and state governments having authority over state matters.

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Cooperative Federalism

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In the 1930s the interpretation of federalism shifted to that of the national and state governments sharing policymaking and cooperating in solving problems.

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New Federalism

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During the administrations of Richard Nixon, Ronald Reagan, and George H. W. Bush the national government attempted to implement a reversal of cooperative federalism and place more responsibility on the states about how grant money would be spent.

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grants-in-aid programs

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money and resources provided by the federal government to the state and local governments to be used for specific projects or programs. The earliest grants often covered public works projects such as building canals, roads, and railroads, and land grants for state colleges.

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categorical grants

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grants that have a specific purpose defined by law, such as sewage treatment facilities or school lunch programs; may even require "matching funds" from the state or local governments; categorical grants may be in the form of project grants.

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categorical grants

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grants that have a specific purpose defined by law, such as sewage treatment facilities or school lunch programs; may even require "matching funds" from the state or local governments; categorical grants may be in the form of project grants.

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block grants

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general grants that can be used for a variety of purposes within a broad category, such as education, health care, or public services; fewer strings attached so state and local governments have greater freedom in how the money is spent; preferred by states over categorical grants.

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revenue sharing

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proposed under the Johnson administration and popular under the Nixon administration, a "no strings attached" form of aid to state and local governments; could be used for virtually any project but never exceeded more than two percent of revenues

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categorical grants

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grants that have a specific purpose defined by law, such as sewage treatment facilities or school lunch programs; may even require "matching funds" from the state or local governments; categorical grants may be in the form of project grants.

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block grants

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general grants that can be used for a variety of purposes within a broad category, such as education, health care, or public services; fewer strings attached so state and local governments have greater freedom in how the money is spent; preferred by states over categorical grants.

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revenue sharing

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proposed under the Johnson administration and popular under the Nixon administration, a "no strings attached" form of aid to state and local governments; could be used for virtually any project but never exceeded more than two percent of revenues

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mandates

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requirements that are imposed by the national government on the state and local governments.

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Democracy

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Government by the people, both directly or indirectly, with free and frequent elections.