+ All Categories
Home > Documents > Necessary and Proper

Necessary and Proper

Date post: 02-Aug-2015
Category:
Upload: sami5895
View: 15 times
Download: 1 times
Share this document with a friend
Popular Tags:
40
"Necessary and proper" clause - Elastic Clause 10th Amendment - "the powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively or to the people" Absent at the Constitutional Convention - Thomas Jefferson (ambassador to France), John Adams (ambassador to England), Patrick Henry, and Samuel Adams ADA - Americans with Disabilities Act unfunded mandate AFDC - Aid to Families with Dependent Children - designed during Depression. Helped families where the main wage earner was disabled, dead, or had left the family. Alexander Hamilton - The leading proponent of a strong centralized government at the Constitutional Convention in May 1787 Alexander Hamilton - United States statesman and leader of the Federalists amendment - A change to the Constitution amendment - addition or provisions to the document amendment process - the way in which changes are added to the Constitution anti federalist - opponent of the constitution anti federalists - opposed to the constituion Anti-Federalists - They opposed the ratification of the Constitution because it gave more power to the federal government and less to the states, and because it did not ensure individual rights. Many wanted to keep the Articles of Confederation. The Antifederalists were instrumental in obtaining passage of the Bill of Rights as a prerequisite to ratification of the Constitution in several states. After the ratification of the Constitution, the Antifederalists regrouped as the Democratic-Republican (or simply Republican) party. Anti-Federalists - They opposed the ratification of the Constitution because it gave more power to the federal government and less to the states, and because it did not ensure individual rights. Many wanted to keep the Articles of Confederation. The Antifederalists were instrumental in obtaining passage of the Bill of Rights as a prerequisite to ratification of the Constitution in several states. After the ratification of the Constitution, the Antifederalists regrouped as the Democratic-Republican (or simply Republican) party. Antifederalists - Opposes the concept of Federalism...The central governing authority of a nation should be equal or inferior to, but not having more power than, its sub-national states (state government). States have the power. articles of confederation - the 1st constituion after independence. 1777
Transcript
Page 1: Necessary and Proper

"Necessary and proper" clause - Elastic Clause

10th Amendment - "the powers not delegated to the US by the Constitution, nor prohibited by it to the

states, are reserved to the states respectively or to the people"

Absent at the Constitutional Convention - Thomas Jefferson (ambassador to France), John Adams

(ambassador to England), Patrick Henry, and Samuel Adams

ADA - Americans with Disabilities Act unfunded mandate

AFDC - Aid to Families with Dependent Children - designed during Depression. Helped families where

the main wage earner was disabled, dead, or had left the family.

Alexander Hamilton - The leading proponent of a strong centralized government at the Constitutional

Convention in May 1787

Alexander Hamilton - United States statesman and leader of the Federalists

amendment - A change to the Constitution

amendment - addition or provisions to the document

amendment process - the way in which changes are added to the Constitution

anti federalist - opponent of the constitution

anti federalists - opposed to the constituion

Anti-Federalists - They opposed the ratification of the Constitution because it gave more power to the

federal government and less to the states, and because it did not ensure individual rights. Many wanted

to keep the Articles of Confederation. The Antifederalists were instrumental in obtaining passage of the

Bill of Rights as a prerequisite to ratification of the Constitution in several states. After the ratification of

the Constitution, the Antifederalists regrouped as the Democratic-Republican (or simply Republican)

party.

Anti-Federalists - They opposed the ratification of the Constitution because it gave more power to the

federal government and less to the states, and because it did not ensure individual rights. Many wanted

to keep the Articles of Confederation. The Antifederalists were instrumental in obtaining passage of the

Bill of Rights as a prerequisite to ratification of the Constitution in several states. After the ratification of

the Constitution, the Antifederalists regrouped as the Democratic-Republican (or simply Republican)

party.

Antifederalists - Opposes the concept of Federalism...The central governing authority of a nation should

be equal or inferior to, but not having more power than, its sub-national states (state government).

States have the power.

articles of confederation - the 1st constituion after independence. 1777

Page 2: Necessary and Proper

Articles of Confederation - The original constitution of the US, ratified in 1781, which was replaced by

the US Constitution in 1789. Very hard to pass laws, amend; no executive branch.

articles of confederation - this document, the nations first constitution, was adopted by the second

continental congress in 1781during the revolution. the document was limited because states held most

of the power, and congress lacked the power to tax, regulate trade, or control coinage

Authoritarian regimes - Rulers fully controlled the government and often held sway over economic and

social institutions as well

authority - the power or right to give orders or make decisions

Baron de Montesquieu - Famous for the idea of having three branches of government so that no one

branch may have too much power

Beard's criticism of the founders - The founders created a constitution that benefited their economic

interests. The major conflicts and compromises resulted from the clash of owners of land as property,

and owners of businesses or commercial interests.

Benjamin Franklin - The elderly delegate from PA who had also attended the Continental Congress in

1776

bicameral legislature - A law making body made of two houses (bi means 2). Example: Congress (our

legislature) is made of two house - The House of Representatives and The Senate.

Bicameral legislature - two-house legislature.

Bicameral legislature - Two-house legislature.

Bill of Rights - a statement of fundamental rights and privileges (especially the first ten amendments to

the United States Constitution)

bill of rights - first ten amendments in the constitution drafted in response to anti federalist concerns

they define the the basic liberty such as freedom of speech, religion

Bill of Rights - The first ten amendments to the US Constitution, ratified in 1791 and guaranteeing such

rights as the freedoms of speech, assembly, and worship. Very much to protect State rights.

Block grant - money granted by the federal government to the states for a broad purpose ( e.g.,

transportation) rather than for a narrow purpose (e.g., school lunch program).

Block grant - Money granted by the federal government to the states for a broad purpose (e.g.,

transportation) rather than for a narrow purpose (e.g., school lunch program).

Block grants - A grant from a central government that a local authority can allocate to a wide range of

services; No strings attached

Page 3: Necessary and Proper

block grants - federal grants given more of less automatically to states or communities to support broad

programs in areas such as community development and social services

block grants - Federal grants given more or less automatically to states or communities to support broad

programs in areas such as community development and social services

block grants - federal grants given more or less automatically to the states or communities to support

broader programs such as community developement

bureaucrats - government officials

Categorical grant - money granted by the federal government to the states for a narrow purpose ( e.g.,

school lunch program) rather than for a broad purpose (e.g., transportation).

Categorical Grant - Money granted by the federal government to the states for a narrow purpose (e.g.,

school lunch program) rather than for a broad purpose (e.g., transportation).

categorical grants - federal grants that are used only for specific purposes. Come with strings attatched.

Defined.

categorical grants - Federal grants that can be used only for specific purposes or "categories," of state

and local spending. They come with strings attached, such as nondiscrimination provisions. Compare to

block grants.

Categorical grants - Issued by the United States Congress, which may be spent only for narrowly-defined

purposes. Additionally, recipients are often required to match a portion of the federal funds. Strings

attached.

Centralists - Those who favor greater national authority rather than state authority.

Centralists - those who favor greater national authority rather than state authority.

Checks and balances - A political system in which branches of the government have some authority over

the actions of the others

checks and balances - A system that allows each branch of government to limit the powers of the other

branches in order to prevent abuse of power

Checks and Balances - A system that allows each branch of government to limit the powers of the other

branches in order to prevent abuse of power

checks and balances - feature of consitution that limits power by requiring that the power be balced by

the different institutions. these institutions constrain each others activities.

checks and balances - sets power against power; a feature of the constitution that requires each of the 3

branches of government to be relatively independent of the others so that one cannot control the

others

Page 4: Necessary and Proper

Checks and balances - System in which each branch of government can limit the power of the other two

branches, e.g., presidential veto of a congressional law.

Checks and balances - system in which each branch of government can limit the power of the other two

branches, e.g., presidential veto of a congressional law.

Checks and balances - The power of each of the three branches of government to limit the power of the

other two, aimed at making certain that neither the President nor the Congress nor the judges "rule."

Civil liberties - Rights and freedoms that protect an individual from the state. Civil liberties set limits on

the government so that its agents cannot abuse their power and interfere unduly with the lives of

private citizens

Civil rights - Those rights guaranteed to an individual as a member of society.

Coalition - A grouping of often disparate political elements into a major party, or of several nations into

an ad hoc alliance.

Commerce clause - gives Congress the power to regulate commerce among the states, with foreign

nations, and among Indian tribes. Granted through Article 1, section 8 of the Constitution.

Commerce clause - Gives Congress the power to regulate commerce among the states, with foreign

nations, and among Indian tribes. Granted through Article I, Section 8 of the Constitution.

Commerce clause - Says that the United States Congress shall have power "To regulate Commerce with

foreign Nations, and among the several States, and with the Indian Tribes."

competitive federalism - begun under Richard Nixon and known as the new federalism, this approach

stressed the downsizing of the federal government and more reliance on revenue sharing and grants.

concurrent powers - both national and state government. schools, tax, build roads, courts of law,

borrow money, military

Concurrent powers - Powers that are held by both the states and the federal government and may be

exercised simultaneously within the same territory and in relation to the same body of citizens.

concurrent powers - Powers that the Constitution gives to both the national and state governments,

such as the power to levy taxes.

concurrent powers - Powers that the Constitution gives to both the national and state governments,

such as the power to levy taxes.

Concurrent powers - those held by both Congress and the states, e.g., establishing law enforcement

agencies.

Concurrent powers - Those powers held by both Congress and the states, e.g., establishing law

enforcement agencies.

Page 5: Necessary and Proper

concurrent/reserved/inherant powers - powers that held by state and federal governent and may be

used simotantiously

condition of aid - Federal rules attached to the grants that states receive. States must agree to abide by

these rules in order to get the grants.

confederation - organization of states but no central power

Confederation - sovereign states are only loosely tied to a central government, e.g., the US under the

Articles of Confederation.

Confederation - System in which sovereign states are only loosely tied to a central government, e.g., the

U.S. under the Articles of Confederation.

confederation - the act of forming an alliance or confederation

Connecticut Compromise - 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

Connecticut Compromise/Great Compromise - An agreement that large and small states reached during

the Constitutional Convention of 1787 that in part defined the legislative structure and representation

that each state would have under the United States Constitution. It retained the bicameral legislature as

proposed by James Madison, along with proportional representation in the lower house, but required

the upper house to be weighted equally between the states.

consent of the governed - agreement by the people of a nation to subject themselves to the authority to

a government. Natural rights philosophers, such as John Locke, believe that any legitimate government

must draw its authority from the consent of the governed.

consent of the governed - idea that government derives its authority from the people

constitution - nations basic law.

Constitution - The basic written set of principles and precedents of federal government in the US, which

came into operation in 1789 and has since been modified by twenty-seven amendments.

Constitutional amendment - A change to the constitution of a nation or a state. In jurisdictions with

"rigid" or "entrenched" constitutions, amendments require a special procedure different from that used

for enacting ordinary laws.

Constitutional Convention - the convention of United States statesmen who drafted the United States

Constitution in 1787

Constitutional democracy - System of governance based on popular sovereignty in which the structures,

powers and limits of government are set forth in a constitution.

Page 6: Necessary and Proper

cooperative federalism - A system of government in which powers and policy assignments are shared

between states and the national government. They may also share costs, administration, and even

blame for programs that work poorly.

cooperative federalism - a system of government in which powers and policy assignments are shared

between the states and the national government (marble cake)

Cooperative Federalism - System in which both federal government and state governments cooperate in

solving problems.

Cooperative federalism - system in which both federal government and state governments cooperate in

solving problems.

cooperative federalism - system of government in which the powers and the policies are shared

between the states and the national government.

cooperative federalism - the spheres of government work together. marble cake

Cruel and unusual punishment - A phrase describing criminal punishment which is considered

unacceptable due to the suffering or humiliation it inflicts on the condemned person. (Prohibited in 8th

Amendment)

culture war - this war has been fought for years over matters such as: abortion, gay rights and drug use.

Will always be a war.

Decentralists - those who favor greater state authority rather than national authority.

Decentralists - Those who favor greater state authority rather than national authority.

Declaration of Independence - A document declaring the US to be independent of the British Crown,

signed on July 4, 1776, by the congressional representatives of the Thirteen Colonies, including Thomas

Jefferson, Benjamin Franklin, and John Adams.

declaration of independence - document approved by the colonies in 1776 that states their grievences

against the british. monarch, declares independence

Democracy - A form of government that places ultimate political authority in the hands of the people

democracy - a political system in which the supreme power lies in a body of citizens who can elect

people to represent them

democracy - the political orientation of those who favor government by the people or by their elected

representatives

democratic theory - ideal democratic process should have equality in voting

devolution - returning power from national gov to state gov but stopping short of a federal system

Page 7: Necessary and Proper

devolution - the process of declining from a higher to a lower level of effective power or vitality or

essential quality

devolution - the transfer of powers and responsibilities from the federal government to the states

Devolution - Transfer of power from a central government to a region or locality; giving power back to

States from Federal Government.

direct (participatory) democracy - a government in which all or most citizens participate directly

Direct democracy - Citizens debate and vote directly on laws

Direct democracy - System in which people rule themselves.

Direct democracy - system in which the people rule themselves.

divine right theory - a theory stating that a ruler holds power because he or she is a god or was chosen

by the gods to rule.

Double jeopardy - The prosecution of a defendant for a criminal offense for which he has already been

tried; forbids a defendant from being tried again on the same, or similar charges following a legitimate

acquittal or conviction; prohibited in the 5th amendment to the United States Constitution

dual federalism - A system of government in which both the states and the national government remain

supreme within their own spheres, each responsible for some policies.

dual federalism - A system of government in which both the states and the national government remain

supreme within their own spheres, each responsible for some policies.

dual federalism - a system of government in which state and national govs remain supreme within their

own spheres; their powers don't mix and each are responisble for their own policies (layered cake)

Dual federalism - system in which the national and state gov'ts are coequal, with each being dominant

within its respective sphere.

Dual Federalism - System in which the national government and state governments are coequal, with

each being dominant within in its respective sphere.

dual federalsim - the state and national government remained separate and independent. layer cake

Elastic clause - A statement in the U.S. Constitution granting Congress the power to pass all laws

necessary and proper for carrying out the enumerated list of powers (Article I, Section 8 ).

Elastic Clause - allows congress to pass all laws "necessary and proper" to carry out the enumerated

powers

elastic clause - clause in Article I, Section 8 of the Constitution that gives Congress the right to make all

laws "necessary and proper" to carry out the powers expressed in the other clauses of Article I

Page 8: Necessary and Proper

elastic clause - clause in Article I, Section 8 of the Constitution that gives Congress the right to make all

laws "necessary and proper" to carry out the powers expressed in the other clauses of Article I

Elastic clause - states that Congress can exercise those powers that are "necessary and proper" for

carrying out the enumerated powers, e.g., establishment of the first Bank of the United States.

Elastic clause - States the Congress can exercise those powers that are "necessary and proper" for

carrying out enumerated powers, e.g., establishment of the First Bank of the United States.

elastic clause - the part of the Constitution that permits Congress to make any laws "necessary and

proper" to carrying out its powers

Electoral College - A body of people representing the states of the US, who formally cast votes for the

election of the president and vice president.

electoral college - group of persons chosen in each state and the district of columbia every four years

who make a formal selection of the president and vice president

Electoral college - People selected by each state legislature to formally cast their ballots for presidency

Electoral College - the body of electors who formally elect the United States president and vice-

president

elite & class theory - A theory of government and politics contending that societies are divided along

class lines and that an upper-class elite will rule, regardless of the formal niceties of governmental

organization.

elite - a group or class of persons enjoying superior intellectual or social or political status

elite and class theory - a theory of government and politics contending that societies are divided along

class lines and that an upper-class elite will rule, regardless of the formal niceties of governmental

organization; elites control policies because they control key institutions

elite or class theory - contends that an upper class holds the power and makes the policy regaurdless of

what organizations are out there

Elite theory - A representative democracy is not really based on the will of the people but that there is a

relatively small, cohesive elite class that makes almost all the important decisions for the nation

Enumerated powers - A list of items found in Article 1 Section 8 of the United States Constitution which

set forth the authoritative capacity of the United States Congress

enumerated powers - national government. printing money, regulating interstate and commercial trade,

declaring war, make treaties

enumerated powers - powers of the federal government specifically written in the constitiution

Page 9: Necessary and Proper

enumerated powers - Powers specifically given to Congress in the Constitution; including the power to

collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

enumerated powers - Powers specifically given to Congress in the Constitution; including the power to

collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

enumerated powers - powers that the federal government that are specifically expressed in the

constitution.

Enumerated powers - Those powers that are specifically granted to Congress in Article I, Section 8 of the

Constitution, e.g., the power to tax. Also known as expressed powers.

Enumerated powers - those that are specifically granted to Congress in Art 1, sect 8 of the Constitution,

e.g., the power to tax. Also known as expressed powers.

Equal protection clause - Part of the Fourteenth Amendment to the United States Constitution, provides

that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws".

equal rights amendment - constitutional amendment inctroducing congress in 1923, passed in 1972. did

not pass

Establishment clause - The clause in the First Amendment of the US Constitution that prohibits the

establishment of religion by Congress.

Ex post facto law - a law that makes an act criminal although the act was legal when it was committed

ex post facto laws - laws that punish people or increase the penalties for acts that were not illegal or not

as punishable when the act was committed (prohibits retro-active)

Exclusionary rule - A legal principle in the United States, under constitutional law, which holds that

evidence collected or analyzed in violation of the defendant's constitutional rights is sometimes

inadmissible for a criminal prosecution in a court of law.

Executive branch concerning informal amendments - Presidents may negotiate executive agreements

with other countries in order to circumvent the formal process,especially for routine matters that might

simply slow down the work of the Senate.

extradition - states must return crimingals to where they commited the crime

extradition - the legal procces where a state surrenders a person who commits a crime to another state

Faction - A small, organized, dissenting group within a larger one, esp. in politics

factions - Interest groups arising from the unequal distribution of property or wealth that James

Madison attacked in Federalist Paper No. 10.

Page 10: Necessary and Proper

factions - parties or interests groups that madison saw as arising from unequal wealth or property who

could have potential to cause instablity in the government

federalism (federal system of government) - a system in which power is divided between the national

and state governments

Federalism - constitutional sharing of power between a central government and state governments.

Different varieties:

Federalism - Constitutional sharing of power between a central government and state governments.

There are different varieties: dual, cooperative, and new.

federalism - division of power with some shared; a way of organizing a nation so that two or more levels

of government have formal authority over the same land and people

federalism - states and central government have shared responsabilites

Federalism - Strong central government. In control of power.

federalism - system in which the national gov. shares power w/local gov

Federalism - The division of governmental powers between a central government and the states

federalism - the way of organizing a nation so that two or more levels of government rule a country

Federalist #10 - Separation of powers and federalism check the growth of tyranny and Constitutional

principles guard against dangers of a direct democracy. Written by Alexander Hamilton, James Madison,

and John Jay

Federalist #51 - Explanation of why strong government is necessary, written by Alexander Hamilton,

James Madison, and John Jay

federalist - supporter of the constitution

Federalist No. 10 - An essay composed by James Madison which argues that liberty is safest in a large

republic because many interests (factions) exist. Such diversity makes tyranny by the majority more

difficult since ruling coalitions will always be unstable.

Federalist No. 10 - warns about factions; concerned about tyranny of majority; calls for a greater

number of factions to increase diversity.

Federalist No. 51 - Argues that separation of powers within the national government is the best way to

prevent the concentration of power in the hands of one person or a single group.

Federalist No. 51 - Calls for separation of powers; checks and balances; "ambitions must be made to

counteract ambition."

Page 11: Necessary and Proper

Federalist Papers - 85 essays written by Madison, Hamilton, and Jay to persuade the people of N. Y. to

adopt the Constitution.

Federalist Papers - a collection of about 85 articles written by Hamilton, Jay, and Madison under the

name "Publius" to defend the constitution in detail

Federalist Papers - A collection of essays written under the pseudonym "Publius" by Alexander

Hamilton, John Jay, and James Madison, addressed to "The People of the State of New York," first

published in New York City newspapers between October 1787 and August 1788. The purpose of The

Federalist was to persuade New Yorkers to ratify the Constitution adopted in Philadelphia in September

1787.

Federalist Papers - a series of 85 essays written by Hamilton, Madison, and Jay (using the name

"publius") published in NY newspapers and used to convice readers to adopt the new constitution

Federalist Papers - Group of 85 essays written by Madison, Hamilton, and Jay for the purpose of

persuading the people of New York to adopt the Constitution.

Federalist Papers - Series of essays that defended the Constitution and tried to reassure Americans that

the states would not be overpowered by the federal government.

federalist papers - these essays are the primary source for understanding the original intent of the

Framers

federalist papers - written by madison, hamilton, and john j. support of consitution

Federalists - An advocate or supporter of federalism; advocated for strong national government.

Federalists - supporters of the Constitution

Federalists - Supporters of the Constitution that were led by Alexander Hamilton and John Adams. They

firmly believed the national government should be strong. They didn't want the Bill of Rights because

they felt citizens' rights were already well protected by the Constitution.

Federalists - Supporters of the new government (the Great Compromise), supporting the greatly

increased powers of the central government and believing that the Constitution adequately protected

individual liberties

federalists - supportives of the consitution

fiscal federalism - elaborate assortment of federal grants and aid to states and localities. grants, block

grants, formula grants, categorical grants

fiscal federalism - how government finances programs

Formal amendment - A change in the actual wording of the Constitution. Proposed by Congress or

national convention, and ratified by the states.

Page 12: Necessary and Proper

Formal amendment - Change in the constitution proposed by Congress or national convention, and

ratified by the states.

formula grants - ...

Four ways the Constitution can be formally amended - 1. Proposed by 2/3 vote of each house and

ratified by at least 3/4 of the state legislatures

2. Proposed by 2/3 vote of each house and ratified by specially called conventions in at least 3/4 of the

states

3. Proposed by a national constitutional convention requested by at least 2/3 of state legislatures and

ratified by at least 3/4 of the state legislatures

Free exercise clause - "Congress shall make no law respecting an establishment of religion, or prohibiting

the free exercise thereof..."

full faith and credit - requires each state to honor/recognize the official documents and civil judgements

rendered by the courts of other states

full faith and credit - requires states to respect the "public acts, records, and judicial proceedings" of all

the other states. except defence of marriage

full faith and credit clause - Clause in the Constitution (Article IV, Section 1) requiring each state to

recognize the civil judgments rendered by the courts of the other states and to accept their public

records and acts as valid

full faith and credit clause - the states are required to accept the court judgements, licenses, contracts,

and other civil acts of all the other states

George Washington - The chairman of the Constitutional Convention and the most prestigious member

who was a strong supporter of a centralized government

Gibbons v. Ogden - Regulating interstate commerce is a power reserved to the federal government

givvons v. ogden - set up intersate commerce act

Government - (government) the system or form by which a community or other political unit is

governed

government - the institutions and processes through which public policies are made

governor - a person whose duties to the state are similar to the presidents duties to the nation. direct

state executive agencies, which oversee areas such as education, roads, and policing

great compromise - established two houses of congress. rep of population. senate equal representation.

gross domestic product - the total value of all goods produced annually in the US

Page 13: Necessary and Proper

How are the functions of the

legislative, executive and the judicial

branches separated and checked in

the Constitution? - According to Article III of the Constitution,

Congress has the power to establish lower

courts. According to Article II, the Senate has

the power to confirm presidential appointment

of all federal and Supreme Court judges.

Marbury v. Madison (1803) established the

precedent of judicial review, giving the

Supreme Court the power to decide if state

and federal laws are constitutional

How are the functions of the executive

and legislative branches separate in

regard to lawmaking? - The executive sets the legislative agenda

through addresses to the people, dealings with

the party leaders in Congress, and introducing

new initiatives. Congress introduces new

legislation, passes it through the committee

systems and to the floors of both houses for

votes, and then to the president's desk. If

vetoed, Congress may pass the bill into law

with a two-thirds majority in both houses

How are vacancies in the Senate

filled? - If a senator dies or resigns while in office, the

Page 14: Necessary and Proper

governor of that senator's home state has the

power to appoint a replacement. This is

usually a political process, resulting in an

appointment from the political party of the

governor, regardless of the political party of

the senator who died or resigned.

How did Shays' Rebellion demonstrate

the weaknesses of the Articles of

Confederation? - Daniel Shays led an armed rebellion of debtors

in western Massachusetts that the state militia

was unable immediately to control. The event

forced state governments to acknowledge the

need for a stronger central government that

could exert stronger controls over its citizens.

How did the doctrine of dual federalism

develop? - The Supreme Court decision in Gibbons v.

Ogden (1824) reaffirmed the concept of

federal supremacy over interstate trade and

state supremacy over intrastate trade. This

created dual federalism. The national

government has subsequently intruded into

matters once reserved for the states, and dual

federalism can hardly be said to exist any

longer.

How did the Three-Fifths Compromise

Page 15: Necessary and Proper

balance the interests of the northern

and southern states? - The North wanted slaves counted for taxation

but not representation, and the south wanted

slaves counted for representation but not

taxation. The compromise resolved this issue

by stating that each state would count threefifths of its slave population for purposes of

determining both representation and taxation

How do the characteristics of a

totalitarian system differ from a

democratic system? - In a totalitarian system, government retains

unlimited powers for the benefit of elite rulers.

The government has total control over the

people and the economy. In a democracy the

government is limited by law, representatives

are chosen by the people, dissent is tolerated,

and citizen membership in autonomous groups

is allowed.

How do the characteristics of a

totalitarian system differ from a

democratic system? - In a totalitarian system, government retains

unlimited powers for the benefit of elite rulers.

The government has total control over the

people and the economy. In a democracy the

government is limited by law, representatives

are chosen by the people, dissent is tolerated,

Page 16: Necessary and Proper

and citizen membership in autonomous groups

is allowed.

How does Article VI of the Constitution

establish the supremacy of the federal

government? - Article VI states that the Constitution and the

laws of the United States are the supreme law

of the land. The Court ruled in McCulloch v.

Maryland (1918) that federal laws are supreme

over state laws, and when a state law comes

into conflict with a federal law, the federal law

prevails. This has come to be called the

supremacy clause.

How does the power of judicial review

act as a check on the legislative and

executive branches? - John Marshall expanded the Supreme Court's

power in the landmark 1803 Marbury v.

Madison decision by writing that it was the

duty of the Supreme Court to "say what the

law is" and declare laws passed by Congress,

and acts of the executive, invalid if they are in

contradiction with the Constitution.9o

How has the principle of separation of

powers prevented presidents from

successfully having their judicial

nominees confirmed? - The Constitution grants the president the

Page 17: Necessary and Proper

power to appoint federal judges and the

Senate the power to confirm the nominations.

The Senate uses a filibuster to delay or

prevent votes on judges. Since it takes sixty

votes to bring an issue to a vote and end

debate, the majority party needs sixty

members of out of one hundred to effectively

confirm the president's nominees.

hyper pluralism - A theory of government and polities contending that groups are so strong that

government is weakened. Hyerpluralism is an extreme, exaggerated, or perverted form of pluralism.

Compare elite and class theory, pluralist theory, and traditional democratic theory.

hyperpluralism - pluralism on steriods. groups are so strong that the government gives in and weakens

hyperpluralism - theory of government and politics contending that groups are so strong that the power

of the national government is weakened. It is an extreme, exaggerated, or perverted form of pluralism

Impeachment - Charge (a public official) with an offense or misdemeanor committed while in office;

impeached in House, tried in Senate while presided over by Chief Justice

impeachment - The political equivalent of an indictment in criminal law, prescribed by the Constitution.

The House of Representatives may ******* the president by a majority vote for "Treason, Bribery, or

other high Crimes and Misdemeanors."

Implied powers - "necessary and proper' to carry out Congress' enumerated powers, granted to

Congress through elastic clause.

implied powers - ...

Implied powers - Powers not explicitly stated in the Constitution but which are suggested or implied by

the "general welfare," "necessary & proper," and commerce clauses in the Constitution.

implied powers - powers not specifically mentioned in the constitution

EX:levy income taxes, conscript armies, and organize a national postal system.

implied powers - powers of the federal government that are not specifically written in the constitution;

includes Elastic Clause

Page 18: Necessary and Proper

Implied powers - Powers that are "necessary and proper" to carry out Congress' enumerated powers,

and are granted to Congress through the elastic clause

implied powers - powers that congress has that are not stated explicitly in the constitution

In his book, The Prince, Niccolo

Machiavelli gave what famous advice

to the prince of Florence, Italy? - n what has been called the theory behind the

practice of modern American politics,

Machiavelli advised the prince of Florence that

"it is better to be feared than to be loved," and

that the appearance of being an honest,

trustworthy ruler is more important than

actually being an honest, trustworthy leader.

indirect democracy - Form of democracy in which individuals are represented by appointed

representatives.

Indirect democracy - System in which the people are ruled by their representatives. Also known as

representative democracy, or republic.

Indirect democracy - system in which the people are ruled by their representatives. Also representative

democracy, or republic.

individualism - giving priority to one's own goals over group goals, and defining one's identity in terms of

personal attributes rather than group identifications

individualism - the belief that people and should get along on their own

Informal amendment - A change in the meaning, but not the wording, of the Constitution, e.g., through

a court decision such as Brown v. Board.

Informal amendment - chge in meaning, not the wording, of the Constitution, e.g., through court

decisions like Brown v. Board.

Inherent powers - foreign policy powers (e.g., acquiring territory) held by the national gov't because it's

a national government.

Inherent powers - Foreign policy powers (e.g., acquiring territory) held by the national government by

virtue of its being a national government.

Page 19: Necessary and Proper

inherent powers - The powers of the national government in foreign affairs that the Supreme Court has

declared do not depend on constitutional grants but rather grow out of the very existence of the

national government

Inherent powers - Those powers that a sovereign state holds. In the United States, the President derives

these powers from the loosely worded statements in the Constitution that "the executive Power shall be

vested in a President" and that the President should "take Care that the Laws be faithfully executed";

defined through practice rather than through constitutional or statutory law.

intergovernmental relations - ...

James Madison - 4th President of the United States

James Madison - A young, well-read delegate from Virginia who is usually credited with writing large

parts of the Constitution

John Locke - an English philosopher and physician regarded as one of the most influential of

Enlightenment thinkers. Considered one of the first of the British empiricists, following the tradition of

Francis Bacon, he is equally important to social contract theory (individuals unite into political societies

by a process of mutual consent, agreeing to abide by common rules and accept corresponding duties to

protect themselves and one another from violence and other kinds of harm).

John Locke - English philosopher who advocated the idea of a "social contract" in which government

powers are derived from the consent of the governed and in which the government serves the people;

also said people have natural rights to life, liberty and property.

John Locke - Seventeenth century English thinker, believer in the state of nature

Judicial branch concerning informal amendments - Judicial review-the power of the courts to declare

statutes unconstitutional and interpret the Constitution when disputes arise (established in Madison v.

Marbury)

Judicial review - courts' power to rule on the constitutionality of laws & gov't actions. Established by

Marbury v. Madison, 1803.

Judicial Review - Power of the courts to rule on the constitutionality of laws and government actions.

Established by Marbury v. Madison, 1803.

Judicial review - Review by the US Supreme Court of the constitutional validity of a legislative act

judicial review - the power of courts to determine if laws and acts are in accord with the US Constitution

judicial review - the power of the courts to determine wheater acts of congress and by implication the

executive are in according with the consitution. Established marbury v madison

judicial review - the power of the Supreme Court to declare laws and actions of local, state, or national

governments unconstitutional

Page 20: Necessary and Proper

judicial review - the power of the Supreme Court to declare laws and actions of local, state, or national

governments unconstitutional

Layer cake federalism - Layer cake federalism is the relationship between the central government of a

nation and that of its states, where the powers and policy assignments of the government hierarchy

("layers" of government) are clearly spelled out and distinct from one another.

Legislature concerning informal amendments - Congress has passed laws that reinterpret and expand

Constitutional provisions (ex: the Commerce Clause)

legitimacy - undisputed credibility

Limited government - A government where anymore than minimal governmental intervention in

personal liberties and the economy is not usually allowed by law, usually in a written Constitution.

limited government - basic principle of American government which states that government is restricted

in what it may do, and each individual has rights that government cannot take away

limited government - In this type of government everyone, including all authority figures, must obey

laws. Constitutions, statements of rights, or other laws define the limits of those in power so they

cannot take advantage of the elected, appointed, or inherited positions.

limited government - restictions should be placed on the government to protect natural rights

Limited government - The basic principle that government is not all-powerful and that it does only those

things that citizens allow it to do

line item veto - reject only parts of the bill which is only granted to govenors

Line-item veto - An executive's ability to block a particular provision in a bill passed by the legislature.

linkage institution - the channels or access points through which issues and people's policy preferences

get on the government's policy agenda (elections, political parties, IGs, and mass media)

linkage institutions - elections, political parites, interest groups, media

linkage institutions - The channels through which people's concerns become political issues on the

government's policy agenda. In the United States, they include elections, political parties, interest

groups, and the media.

List at least three methods of

informally amending the Constitution. - Legislative actions are those in which

Congress passes laws that alter or clarify the

meaning of the Constitution. Executive actions

Page 21: Necessary and Proper

entail the use of presidential power and that

can change the meaning of the Constitution.

Judicial review or interpretation occurs when

the judiciary interprets the Constitution and

rules on cases that then become law

Locke's viewpoints - influenced founding fathers

a) natural rights to life liberty property

b) consent of the governed

c) limited gov.

Majoritarianism - The tendency for the government to do what the majority of people want

majority rule - the belief that policies should reflect the view of over half the voters

majority rule - the doctrine that the numerical majority of an organized group can make decisions

binding on the whole group

mandate - ...

Mandate - An official order or commission to do something; may be funded or unfunded

Mandates - Requirements imposed by the national government upon the states. Some are unfunded

mandates, i.e., they are imposed by the national government but lack funding.

Mandates - requirements imposed by the national government upon the states. Some are unfunded

mandates, i.e., they are imposed by the national government, but lack funding.

mandates - terms set by the national government that states must meet whether or not they accept

federal grants

mandates - Terms set by the national government that states must meet whether or not they accept

federal grants.

Marble cake federalism - Mixing of powers, resources, and programs between and among the national,

state, and local governments.

marbury v madison - This case establishes the Supreme Court's power of Judicial Review

Marbury v. Madison - (1803) Established the power of judicial review.

Page 22: Necessary and Proper

Marbury v. Madison - an 1803 case in which Chief Justice John Marshall and his associates first asserted

the right of the Supreme Court to determine the meaning of the US Constitution (established judicial

review)

Marbury v. Madison - The 1803 case in which Chief Justice John Marshall and his associates first

asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision

established the Court's power of judicial review over acts of Congress, (the Judiciary Act of 1789).

Marbury v. Madison, 1803 - established the power of judicial review.

Marxists - People who believe that those who control the economic system also control the political

one.

mcColloch v Maryland - SCOTUS decision that stated federal government could have Bank of America to

facilitate their state commerce

McCulloch v. Maryland - (1819) Established principle of national supremacy and the validity of implied

powers.

mcculloch v. maryland - ...

McCulloch v. Maryland - An 1819 Supreme Court decision that established the supremacy of the

national government over state governments. In deciding this case, Chief Justice John Marshall and his

colleagues held that Congress had certain implied powers in addition to the enumerated powers found

in the Constitution.

McCulloch v. Maryland, 1819 - established principle of national supremacy and validity of implied

powers.

minority rights - a principle of traditional democratic theory that guarantees rights to those who do not

belong to majorities and allows that they might join majorities through persuasion and reasoned

argument

minority rights - rights of the minorities including freedom of assembly and freedom of speech

Monarchy - an autocracy governed by a monarch who usually inherits the authority

national Supremacy clause - the constitutional provision that declares that the Constitution and laws of

the United States take precedence over the constitutions and laws of the states

natural rights - life, liberty property

Natural rights - Rights people have from the state of nature including the right to life, liberty, and

property

natural rights - the idea that all humans are born with rights, which include the right to life, liberty, and

property

Page 23: Necessary and Proper

natural rights philosophy - life liberty, property

NCLB - No Child Left Behind - 2001 Pres. Bush designed to promote "standards-based education reform"

via assessments that measure progress; results often determine funding

necessary & proper clause - Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the

implied powers of Congress. It states that Congress, in addition to its express powers, has the right to

make all laws necessary and proper to carry out all powers the Constitution vests in the national

government

Necessary and Proper Clause - Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the

implied powers of Congress. It states that Congress, in addition to its express powers, has the right to

make all laws necessary and proper to carry out all powers the Constitution vests in the national

government

necessary and proper clause - federal government can make laws necesary and proper to carrying out

the enumerated powers of the national government aka elastic clause

New Federalism - system in which the national government restores greater authority back to the

states.

New Federalism - System in which the national government restores greater authority back to the

states.

New Jersey Plan - Presented by William Paterson, did not argue with the need for a strong central

government, gave Congress the right to tax, regulate and coerce states, legislature would be unicameral

and each state would have the same vote

new jersey plan - proposed by william patterson. called for equal representation. each sate regaurdless

of population

New Jersey Plan - the proposal at the constitutional convention that called for equal representation of

each state in Congress regardless of population

New Jersey Plan - The proposal at the Constitutional Convention that called for equal representation of

each state in Congress regardless of the state's population

Northwest Ordinance - Enacted in 1787, it is considered one of the most significant achievements of the

Articles of Confederation. It established a system for setting up governments in the western territories

so they could eventually join the Union on an equal footing with the original 13 states

northwest ordinance - ways in which new states could enter union

Of all of the articles, which Federalist

Paper was the most famous and

Page 24: Necessary and Proper

significant? - Federalist No. 10. In this article, James

Madison explained how a republic would

minimize the effect of divisive political factions

by dividing power among several different

parties. This action would negate the effect of

a single faction operating alone.

Oligarchy - a political system governed by a few people

Original Jurisdiction - The jurisdiction of courts that hear a case first, usually in a trial. These are the

courts that determine the facts about a case.

orthodox(social) - people who believe that moral rules are derived from God, are unchanging and are

more important than individual choice

Pluralism - The argument that representative democracies are based on group interests that protect the

individual's interests by representing him or her to the government

pluralist theory - A theory of government and politics emphasizing that politics is mainly a competition

among groups, each one pressing for its own preferred policies.

pluralist theory - theory of government emphasizing that politics is mainly a competition among many

groups, each one stressing their own policies

pluralist theory - theory that says policy making process is very open to the participation of all groups

with shared interests with no single group usually dominating. Tends to result in everyone getting

SOMETHING that they want from the government as opposed to one group dominating.

Police powers - powers of the states to protect the public health, safety, morals, and welfare of the

public.

Police powers - Powers of the states to protect the public health, safety, morals, and welfare of the

public.

policy agenda - issues that attract serious attention of public officials and others involved in politics

policy agenda - The issues that attract the serious attention of public officials and other people actively

involved in politics at the time.

policy gridlock - a condition that occurs when no coalition is strong enough to form a majority and

establish policy. The result is nothing gets done

Page 25: Necessary and Proper

policy gridlock - A condition when no coalition is strong enough to form a majority and establish policy.

The result is that nothing may get done

policy making system - the procces in which policies evolves. peoples interests and concerns can be

expressed

policymaking institutions - The branches of government charged with taking action on political issues.

The U.S. Constitution established three policymaking institutions-the congress, the presidency, and the

courts. Today, the power of the bureaucracy is so great that most political scientist consider it a fourth

policy making institution

policymaking system - The process by which policy comes into being and evolves over time. People's

interests, problems, and concerns create political issues for government policymakers. These issues

shape policy, which in turn impacts people, generating more interests, problems, and concerns.

political culture - The widely shared beliefs, values, and norms concerning the relationship of citizens to

government and to one another.

political gridlock - interests conflict and no collition that is strong enough to form a majority

political ideology - A more or less consistent set of beliefs about what policies government ought to

pursue

Political issue - a result of people disagreeing on an issue and must be voted on

political participation - all the activies in which citizens attempt to influence of selection of political

leaders and policies they pursue

political socialization - Complex process by which people get their sense of political identity, beliefs, and

values (family, school, media, religion, national events-all help to socialize)

politics - the process by which we select our government leaders and what policies these leaders pursue

Popular sovereignty - Principle in which the ultimate political authority rests with the people.

Popular sovereignty - principle in which ultimate political authority rests with the people.

Popular sovereignty - The basic principle that the power to govern belongs to the people and that

government must be based on the consent of the governed

popular sovereignty - The concept that political power rests with the people who can create, alter, and

abolish government. People express themselves through voting and free participation in government

popular sovereignty - The concept that political power rests with the people who can create, alter, and

abolish government. People express themselves through voting and free participation in government

power - one possessing or exercising power or influence or authority

Page 26: Necessary and Proper

Prior restraint - Judicial suppression of material that would be published or broadcast, on the grounds

that it is libelous or harmful. In US law, the first amendment severely limits the ability of the government

to do this

privileges and immunities - clause that says that citizens must be given the same rights in each state

privileges and immunities - provisons of the constitution according citizens of each state the privalages

of citizens of other states. if you're in illinois, they're required to protect you. There are expections to

the rule.

privileges and immunities clause - states may not refuse police protection or access to their courts to a

US citizen just because he lives in a different state

Procedural due process - Due process is the principle that the government must respect all of the legal

rights that are owed to a person according to the law. Due process holds the government subservient to

the law of the land, protecting individual persons from the state.

project grants - federal categorical grants given for specific purposes and awarded on the basis of the

merits of applications

project grants - federal grants given for a specific purpose and awarded on the basis of merits of

applications; must be applied for

project grants - grants federal government categorical grants that are given for a specific purpose and

are based off the merits of application. these are common

public common good - goods that everyone must share. ex) clean water, clean air, roads, such services

can only be provided by the government

public policy - A choice that government makes in response to a political issue. A policy is a course of

action taken with regard to some problem.

public policy - the course of action the government takes in response to an issue or problem

Purpose of the Articles of Confederation - To provide unity for the separate states that loosely formed

the new country

Ratification - The formal approval of the Constitution by the states

representation - relationship between the few leaders and many followers

Representative (indirect) democracy - People elect representatives to govern them and to make laws

and set policies

representative democracy - a government in which leaders make decisions by winning a competitive

struggle for the popular vote

Page 27: Necessary and Proper

representative democracy - A system of government in which citizens elect representatives, or leaders,

to make decisions about the laws for all the people.

representative democracy - same thing as republic

Republic - a political system in which the supreme power lies in a body of citizens who can elect people

to represent them

Republic - A state in which supreme power is held by the people and their elected representatives, and

which has an elected or nominated president rather than a monarch

republic - voting for a representative, not a direct democracy.

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.

Reserved powers - powers held by the states through the 10th Amendment. Any power not granted to

the US government is "reserved" for the states.

reserved powers - Powers not specifically granted to the federal government or denied to the states

belong to the states and the people

reserved powers - state government. issue licenses, regulate intrastate commerce, do elections

revenue sharing - Under this policy, Congress gave an annual amount of federal tax revenue to the

states and their cities, counties and townships. Revenue sharing was extremely popular with state

officials, but it lost federal support during the Reagan Administration. In 1987, revenue sharing was

replaced with block grants in smaller amounts to reduce the federal deficit

Second Treatise of Government by John Locke - People form governments to protect the natural rights,

giving up their freedom to govern themselves through a social contract between the government and

the governed

Separation of church and state - Concept that religion and government should be separate; basis for the

establishment clause of the First Amendment.

Separation of powers - A constitutional structure of government where legal authority is divided

between various institutions. In the United States, the Constitution divides federal authority between

the President, Congress and the Supreme Court, all of which have delimited powers and responsibilities.

separation of powers - Constitutional division of powers among the legislative, executive, and judicial

branches, with the legislative branch making law, the executive applying and enforcing the law, and the

judiciary interpreting the law

separation of powers - Constitutional division of powers among the legislative, executive, and judicial

branches, with the legislative branch making law, the executive applying and enforcing the law, and the

judiciary interpreting the law

Page 28: Necessary and Proper

separation of powers - feature of constition that requires each of the three branches of government to

be realitivly independent so that no one branch can control the other branch

Separation of powers - powers of government are separated among three branches: legislative,

executive, judicial.

Separation of powers - Principle in which the powers of government are separated among three

branches: legislative, executive, judicial.

Separation of powers - The division of government's powers into three separate branches: executive,

legislative, and judicial

Shared powers - Powers which are held and exercised by more than one level of government.

shay's rebellion - 6 month rebellion in which more than 1000 armed farmers attacked a federal arsenal

to protest the foreclosure of farms in the western part of the state

shay's rebellion - a series of attacts on courthouses by farmers led by daniel shays about forecloses.

issues on articles of confederation. reviled economic problems

Shay's rebellion - Farmers in western Massachusetts, in debt and unable to pay taxes, rebelled against

foreclosures, forcing judges out of court and freeing debtors from jails,turning point for Articles of

Confederation and encouraged leaders to seek a stronger central government

Shay's Rebellion - this conflict in Massachusetts caused many to criticize the Articles of Confederation

and admit the weak central government was not working; uprising led by Daniel Shays in an effort to

prevent courts from foreclosing on the farms of those who could not pay the taxes

Shays' Rebellion - 1786 revolt by Massachusetts farmers seeking relief from debt and foreclosure that

was a factor in the calling of the Constitutional Convention.

Shays' Rebellion - 1786 revolt by Massachusetts farmers seeking relief from debt and foreclosure that

was a factor in the calling of the Constitutional Convention.

Shays' Rebellion - Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787,

protesting mortgage foreclosures. It highlighted the need for a strong national government just as the

call for the Constitutional Convention went out.

single issue groups/voters - groups that are concerned by one issue, doesn't care about polititions view

on other things

Social contract - An agreement between rulers and citizens that the consent of the governed obligates

both sides to honor, people can dissolve government if the government breaks the contract

social contract - an implicit agreement among people that results in the organization of society

Page 29: Necessary and Proper

social contract theory - The 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 declaration of independence.

State of Nature - a wild primitive state untouched by civilization

State of nature - People are naturally free and equal but that freedom led inevitably to inequality and

eventually to chaos

Substantive due process - Substantive due process (SDP for short) is an aspect of American

jurisprudence under the Due Process Clause, involving substantive unenumerated rights. SDP is to be

distinguished from procedural due process, which involves procedural unenumerated rights.

Supermajority - a majority greater than a simple majority of one over half, e.g.,3/5, 2/3.

Supermajority - A majority greater than a simple majority of one over half. e.g., 3/5, 2/3.

Supremacy clause - "This Constitution, and the Laws of the United States which shall be made in

pursuance thereof; and all treaties made, or which shall be made, under the authority of the United

States, shall be the supreme law of the land; and the judges in every state shall be bound thereby,

anything in the constitution or laws of any state to the contrary notwithstanding."

supremacy clause - Article VI of the Constitution, which makes the Constitution, national laws, and

treaties supreme over state laws when the national government is acting within its constitutional limits.

supremacy clause - clause in article six that states that constitution national laws and treaties are

supreme over state laws

Supremacy Clause - national laws are superior to state laws; article 6 of the constitution which makes

the constitution, national laws, and treaties supreme over state laws when the national government is

acting within its constitutional limits

TANF - Temporary Assistance for Needy Families. A 1996 national act that abolished the longtime

welfare policy, AFDC (Aid for Families with Dependent Children) TANF gives the states much more

control over welfare policy

tenth amendment - powers not delegated by the consitution. if not listed in the constitution, its a state

law

Tenth Amendment - Protect state rights/power; "The powers not delegated to the United States by the

Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the

people."

The Anti-Federalists - Against the new government of the Great Compromise, believed that the

proposed government would be oppressive and that more individual freedoms and rights should be

explicitly guaranteed

Page 30: Necessary and Proper

The Articles of Confederation-Central government's limitations - Central government consisted only of a

Congress in which each state was represented equally, no executive or judiciary branches were created,

the central government couldn't levy taxes (only could request money from the states), central

government couldn't regulate commerce between states, no law enforcing powers granted to Congress,

no process for amending the Articles, states retained all powers not granted to Congress

The Bill of Rights - Compromise between Federalists and Ant-Federalists by agreeing to add ten

amendments that guaranteed individual freedoms and rights, added in 1791

The Great (or Connecticut) Compromise - Roger Sherman created it, Bicameral congress, any law had to

be passed by both Houses of Congress; census every 10 years to reapportion

The Great Compromise - One house in which each state would have an equal vote (the Senate) and state

legislatures would choose the members and a second house (the House of Representatives) in which

representation would be based on population and all voters would directly elect the members

Thomas Hobbes - English materialist and political philosopher who advocated absolute sovereignty as

the only kind of government that could resolve problems caused by the selfishness of human beings

(1588-1679)

Three-fifths Compromise - Allowed southern states to count a slave as three-fifths of a person

Three-Fifths Compromise - Between Southern and Northern states reached during the Philadelphia

Convention of 1787 in which three-fifths of the enumerated population of slaves would be counted for

representation purposes regarding both the distribution of taxes and the apportionment of the

members of the United States House of Representatives.

Treason - a crime that undermines the offender's government

unalienable rights - These rights are fundamental or natural rights guaranteed to people naturally

instead of by the law. They include life, liberty, and the pursuit of happiness.

Unfunded mandates - In United States law and politics, unfunded mandates are regulations or

conditions for receiving grants that impose costs on state or local governments or private entities for

which they are not reimbursed by the federal government.

unicameral legislature - one-house legislature

Unicameral legislature - one-house legislature.

Unicameral legislature - One-house legislature.

unitary government - a centralized government in which all government powers belong to a single

central agency

unitary government - a way of organizing a nation so that all power is located at the central level

Page 31: Necessary and Proper

unitary government - a way of organizing a nation so that all power resides in a national government

Veto - vote against

virginia plan - proposed by edmond randolf. called for state rep and congress based on state population.

wanted rep on a big sate

Virginia Plan - Strong central government, proposed by Edmund Randolph and the work of James

Madison, bicameral legislature: the larger house with members elected by popular vote and the smaller,

more aristocratic house selected by the larger house from nominees from state legislatures,

representation in both houses based on wealth or numbers

Virginia Plan - Virginia delegate James Madison's plan of government, in which states got a number of

representatives in Congress based on their population

Weakness of the Articles of the Confederation - a. could not levy taxes or regulate commerce

b. one vote in congress for each state

c. territorial disputes between states

What are examples of checks and

balances between the legislative and

executive branches? - The president appoints cabinet members, but

the Senate has the authority to confirm

appointments. The president sends troops

into combat, but Congress declares war. The

president can negotiate treaties, but only the

Senate can ratify a treaty. The House of

Representatives can bring impeachment

charges against the president, and the Senate

holds impeachment trials and votes on

removal.

What are John Locke's arguments in

the Second Treatise on Civil

Page 32: Necessary and Proper

Government? - Locke argued that humans, in the state of

nature, were born equal and that they

possessed natural rights that no king had the

power to void. The consent of the governed is

the only true basis of a king or sovereign's

right to rule. Therefore, a chief executive,

according to Locke, is limited by this social

contract with the governed

What are legislative vetoes? Are they

constitutional? - Legislative vetoes are a method by which

Congress, in either one or both houses, blocks

a proposed executive action. Vetoes are

frequently used for presidential reorganization

plans of the executive branch. These vetoes

were declared unconstitutional in INS v.

Chadha (1983), when the Supreme Court

decided that they violated the doctrine of

separation of powers.

What are the criticisms of unfunded

mandates? - Unfunded mandates are where states are

forced to pay for programs that are required by

federal law yet not funded by federal dollars.

This forces states to either raise taxes or cut

services to citizens. The decision regarding

how citizens are taxed or supported is taken

Page 33: Necessary and Proper

out of the states' hands by the federal

government.

What are the differences among

categorical grants, block grants, and

revenue sharing? - Categorical grants are for specific purposes

and often require local matching funds. Block

grants are devoted to general purposes with

few restrictions. Revenue sharing requires o

matching funds and allows much greater

freedom in spending decisions.

What are the differences among

power, authority and legitimacy? - Power is the ability of one person to get

another person to act in accordance with the

first person's intentions. Authority is the right

to use power. People accept decisions made

by people with the authority to make those

decisions, which is the legitimate use of power,

or legitimacy

What are the differences between

categorical grants and block grants? - Categorical grants, including project grants

and formula grants, are federal aid that meets

the criteria of a specific category and have

strings attached, such as requirements to

obtain the funds. Block grants go to states

and local communities for more general

Page 34: Necessary and Proper

purposes, with fewer strings attached. States

have greater control over block grants

What are the four principal parts of the

Declaration of Independence, and to

whom is it addressed? - The Declaration of Independence is addressed

to King George III of Great Britain, and has

four parts. The first part is the preamble of

introduction, the second is the theory of

republican government, the third is the list of

grievances (a collection of 27 complaints) and

the fourth is the formal declaration of

independence.

What are the full faith and credit and

privileges and immunities clauses of

Article IV of the Constitution? - Article IV of the Constitution requires that

states must recognize each other's laws and

legal proceedings, or grant each other full faith

and credit. The privileges and immunities

clause refers to the fact that states may not

discriminate against citizens of other states

What are the provisions of the New

Jersey Plan? - The plan proposed a unicameral legislature

with one vote for each state, a weak executive

elected by Congress, and a national judiciary

appointed by the executive. The New Jersey

Page 35: Necessary and Proper

Plan represented the interest of the smaller

states.

What are Thomas Hobbes' arguments

in Leviathan? - Hobbes believed that humans are basically

selfish, individualistic, and constantly at war

with each other. Therefore, people need an

institution to govern them and to maintain

order. Hobbes argued for a single ruler, even

a strong monarch, to protect the rights of the

weak against the wishes of the stro

What are three examples of concurrent

powers? - Both federal and state governments make

laws for their citizens. Both federal and state

governments have the power to tax, to

maintain courts, to define crimes, and to

appropriate private property for public use

(eminent domain). The states may also

exercise any power that the Constitution does

not reserve for the national government.

What is hyper-pluralism? - Hyper-pluralism is the idea that the U.S.

contains so many groups that represent so

many different interests that there is a virtual

deadlock of government action

What is pluralist theory? - In the U.S., which has a political system of

widely scattered resources, government is

Page 36: Necessary and Proper

mainly concerned with a competition among

groups. Policy results when the group with the

dominant interest prevails.

What is the constitutional basis of

implied powers? - The necessary and proper clause of Article I,

Section 8 of the Constitution, also known as

the elastic clause, stretches Congress's

powers to make laws that help it carry out its

enumerated powers

What is the constitutional basis of

separation of powers? - It can be found in several principles, such as

the separation of government into three

branches, the conception that each branch

performs unique and identifiable functions, and

the limitation of personnel to a specific branch

What is the intergovernmental lobby? - State and local governments act as any other

groups in the policymaking process when it

comes to hiring lobbyists to try to advance

their interests and gain access to federal

policymakers. School districts, cities, states,

police chiefs and hospitals also hire lobbyists

to represent and advance their interests.

What is the Lame Duck Amendment? - This term refers to the Twentieth Amendment,

which sets the end of the president and vice

president's term on January 20, and the end of

Page 37: Necessary and Proper

senators' and representatives' terms on

January 3. Officials who will not be assuming

office in the new term and would therefore by

ineffectual proposing legislation are known as

lame ducks.

What is the most common method of

amending the Constitution? - The most common way to amend the

Constitution is for a bill to pass by a two-thirds

majority vote of each house of Congress and

then be ratified by three-fourths of the state

legislatures. This method has been used

What is the social contract theory of

government? - The social contract theory is one of the basic

principles of constitutional government in the

U.S. It is based on the philosophies of

Thomas Hobbes, John Locke and JeanJacques Rousseau. It holds that people are

free and equal and posses natural rights, and

that they give up some of their natural

freedoms in exchange for protection and

services from the government

What is the theory of democratic

centralism? - Several leaders at the top of government

solicit public opinion on a general policy

question, consider the options, and then make

a decision (in accordance with or against the

Page 38: Necessary and Proper

wishes of the public) that is in the best

interests of that public. In this way, the policy

choice of this leadership is implemented, and

the façade of democracy is preserved.

What major issue divided large and

small states at the Constitutional

Convention? How was it resolved? - Equitable representation for large and small

states in the legislature. Large states pushed

for representation determined by population;

small states wanted equal representation for

every state. The Great Compromise (also

known as the Connecticut Compromise)

created a bicameral national legislature.

What powers are denied to the

government by the Constitution? - The powers denied to the federal government

are contained in Article I, Section 9 of the

Constitution. They include suspending the writ

of habeas corpus, passing a bill of attainder or

ex post facto law, levying taxes on exports and

granting titles of nobility

What were the achievements under

the Articles of Confederation? - The Treaty of Paris, signed with Great Britain

in 1783, formally recognized the independence

of the United States. The second accomplish

was the Northwest Ordinance of 1787, which

Page 39: Necessary and Proper

established the principle that the territories

could enter the union as states on an equal

basis with the older states

What were the provisions of the

Virginia Plan offered at the

Constitutional Convention? - The Virginia Plan was based on three

principles. These included a strong national

legislature with two chambers, one to be

chosen by the people and one chosen by the

lower house; a strong national executive to be

chosen by the national legislature; and a

national judiciary to be appointed by the

legislature. This plan appealed primarily to the

larger states, as it benefited their interests

most

What were the three central arguments

against ratification of the Constitution

put forth by the Anti-Federalists? - First, the Anti-Federalists supported states

rights and feared a strong central government.

Second, they believed that the Constitution

would create an elite economic class that

would abuse individual rights. Finally, they

wanted fewer limits on popular participation in

the political process.

Which theory of government claims

Page 40: Necessary and Proper

that small groups of individuals and/or

businesses dominate the policy

making process in their own interests. - Elitism is the theory of government that claims

that small groups of individuals dominate

policy making

writ of habeas corpus - a court order requiring jailers to explain to a judge why they are holding a

prisoner in custody

writ of habeas corpus - court order stating you must have a reason for jailtime

writ of habeas corpus - Latin for "that you have the body." It's used to bring a prisoner or other detainee

(e.g. institutionalized mental patient) before the court to determine if the person's imprisonment or

detention is lawful.


Recommended