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33 Cards in this Set

  • Front
  • Back
what makes a nation-state?
population, territory, soverignty and government
Direct Democracy
-everybody has their say, gets to participate,
-inefficient because to cumbersome
Representative Democracy
-election, decisions, with representatives
-efficient, less people
-representatives could be corrupt
Articles of Confederation
First constituition. Formed a confederation among the states, power belonged to the states
Shay's Rebellion
because of economic crisis in Massachusetts, many farmers and working men were thrown into prison for debts. Daniel Shay led an angry mob in order to seize the federal arsenal.
Constitutional Convention
called to make changes in the Articles of Confederation, however ended up having to create a new government + constitution
The Virginia Plan
(Big State Plan)
-a two house legislature with numerical representation. Popularly elected lower house elects upper house. bigger states=more representation
The New Jersey Plan
(Small State Plan)
A one house legislature, with equal representation. Plural executive, removable by legislature, on petition from majority of state governors. "supremacy clause"
Connecticut Compromise (The Great Compromise)
two-house legislature with numerical representation in popularly elected House and equal state representation in state-elected Senate. Broad legislative power.
The 3/5ths Compromise
Battle between northern and southern over the condition of human slavery. Slaves would be counted as 3/5ths of a person towards the population count. Repealed with the passage of the 13th amendment.
Federalists
favored ratification of the Constitution. Led by many framers. Stressed the weaknesses of the Articles of Confederation.
Federalist Papers
85 essays written by Hamilton, Madison trying to persuade the people to favor ratification
Anti-Federalists
Opposed ratification. Attacked the proposal on; powerful central government, loss of state sovereignty, and lacked bill of rights.
Basic principles of The Constitution
Popular Sovereignty
Limited Government
Separation of Powers
Checks and Balances
Judicial Review
Federalism
Judicial Review
the government and its officiers are always subject to the law. Authority to declare an act of government unconstitutional. (by the judiciary.)
Checks & Balances
Constitutional restraint. Government may do only those things that people have given power to do.
Expressed Powers
Spelled out in the Constitution. Most in Article 1, Seciton 8 Clauses 1-17.
Implied Powers
Implied powers are based on one of the Expressed powers. Necesarry and Proper Clause or Elastic Clause (stretches power)
Inherent Powers
Powers that belong to the National government because they existt. Exs: regulating territory, setting boundaries, etc.;
Federalism
System of government in which a written constitution divides the power of government on a territorial basis. Power is "shared" between the strong national government in D.C. and the 50 states . local matters dealt by state governments and national matters dealt by national government
Marbury V. Madison
establishes the principle of judicial review
authority of the courts to declare an act of government unconstitutional.
The Supreme Court first asserted its power of judicial review. Decision: declared that the Judiciary Act of 1789 is unconstitutional.
McCulloch V. maryland
Congress created national bang, one branch of bank was in Maryland. Maryland wanted to tax bank. U.S. has authority to create national bank under the necessarry and proper clause and cannot be taxed by a state.
Aggrandizement
increasing power of the National Government at the expense of states.
Necessarry and Proper or "Elastic Clause"
McCulloh v Maryland. Allows the expansion or stretching of the power of the National Government.
Nullification
States have the right to nullify a federal law that in states opinion violated the constitution.
block grants
money from the national government with guidelines for programs.
categorical grants
one with specific purpose defined by federal law
federal mandates
specific act or program that is required to the states by the national government.
faction
because of diverse interests, each of them could constitute something that would seek its own advantage
bill of attainder
a law that declares a person , without a trial to be guilty of a crime. State legislatures and Congress are forbidden to pass such acts by Article I of the Constitution
Writ of habeaus corpus
a court order directing a police officer, sheriff of warden who has a person in custody to bring the prisoner before a judge and who suffiecient cause for his or her detention. IN order to prevent illegal arrests and imprisonment.
ex post facto law
a law that makes criminal an act that was legal when it was committed that increases the penalty for a crime after it has been commited. Also forbidden.
Preamble
first part of of U.S. Constitution: addresses goals of public policy: strong union, establish justice, common defense, domestic tranquility, promoting general welfare, individual freedoms,