Constitutional Underpinnings
Terms
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- Recall
- Voters can remove an elected official from office if enough of signatures are gathered on a petition and then it is brought to a vote.
- Federal Republic
- Derives its powers directly from the people in which both levels of government would have certain powers, but neither would have supreme authority .
- Bill of Rights
- First 10 Amendments to the Constitution in which basic rights are guaranteed. Was added to the Constitution before ratification in order to appease the Antifederalists.
- Categorical grants
- Federal money for specific purposes. A more specific type of Grants in Aid. I.E. build a specific airport. Usually requires some sort of "matching" funds.
- Mill's power elite
- Government is dominated by a few top leaders, most of whom are outside of the government. Originally included corporate leaders, top military officials, and a few government officials.
- Block Grants
- Money from the national government for programs in certain general ares that the states can use at their discretion within broad guidelines set by Congress.
- Coalition
- An alliance - As referenced by Federalist 51 - A group of factions that comes together to rule. In a large republic more interests are represented.
- United States v. Morrison
- Said that attacks against women are not, and do not substantially affect, interstate commerce. Thus voided the Violence Against Women Act.
- Weber's bureaucratic view
- The government is dominated by appointed officials within the bureaucracy. They decide how to translate public laws into administrative actions.
- Republic
- a government in which a system of representation operates through competitive elections.
- Antifederalists
- Argues that the nation needed a loose confederation of states with most powers of government going to the state legislatures and state courts.
- Police Power
- Laws and regulations, not otherwise unconstitutional, that promote health, safety, and morals that can be undertaken by the states.
- Bill of Attainder
- A law that declare a person, without a trial, to be guilty of a crime.
- Judicial Review
- The power of the Supreme Court to declare an act of Congress unconstitutional. It is used to limit the power of popular majorities.
- Devolution
- The shifting of national government actions to that of the states. Examples include welfare and health care.
- Authority
- The right to use power. "Formal" means that the right to exercise power is vested in government office.
- Direct democracy
- Aristotle's Greece in which a all or most citizens participated in government directly.
- 11th Amendment
- Protects states from lawsuits by citizens of other states or foreign nations.
- 14th Amendment
- Guaranteed the extension of the Bill of Rights to include state actions and not just federal.
- Elastic Clause
- Congress shall have the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers.
- Ex Post Facto Law
- A law that makes criminal an act that was legal when it was committed.
- New Jersey Plan
- Plan to amend the Articles in which each state would have one vote in the national legislature.
- Shays' Rebellion
- Ex-Revolutionary War soldiers attempt to prevent foreclosures of farms as a result of high interest rates and taxes. This demonstrated the realization that the state governments could collapse under the Articles, due to internal dissension.
- Pluralist view
- Competition shapes public policy. Therefore, what government does is affected to varying derees not only by competing groups of elites inside or outside government, but by mass public opinion as well.
- Conditions of Aid
- Federal government must tell the state governments what they want to do if they want the federal government money.
- Dual Federalism
- The national government is supreme, but the state governments are equally supreme and thus are separate. I.E. interstate commerce vs. intrastate commerce
- Writ of Habeas Corpus
- Must bring an accused person in custody before a judge to show sufficient cause for the detention.
- Legitimacy
- Political authority given by law or by written constitution.
- Nullification
- The right to declare a federal law unconstitutional by a state. No longer allowed after the Civil War.
- majoritarian politics
- Political leaders are constrained by what most people want and therefore these politicians will closely follow the preferences of citizens.
- Referendum
- Enables voters to reject a measure adopted by the legislature.
- Separation of Powers
- Split of power between the three branches of government to prevent one branch from becoming too powerful. Also a split of power between federal and state governments for the same reason.
- Intergovernmental Lobby
- Made up os mayors, governors, police chiefs, etc. who tend to count on federal funds.
- Articles of Confederation
- Weak constitution governing America starting in 1781 that was unable to levy taxes or regulate commerce. However, Congress could make peace, coin money, appoint key military officers, and run the post office.
- Power
- Ability of one person to get another person to act in accordance with the first person's intentions.
- Grants in Aid
- Federal funds provided to states for services such as airports , highways, and education.
- Virginia Plan
- Proposal to create a strong national government in which representation was based on state population and power was separated into three branches, including a bicameral legislature. The national government was to have supreme powers on all matters on which the states were not competent to act separately.
- John Locke
- English philosopher that believed all men cherish and seek to protect their life, liberty, and property.
- Revenue Sharing
- No requirement as to matching funds and freedom to spend on almost any governmental purpose. Distribution of money determined by a specific formula. This program was ended in 1986.
- Printz v. U.S.
- Invalidated a federal law that required local police to conduct background checks on all gun purchases. A violation of the 10th Amendment.
- Declaration of Independence
- Addressed the British violations of political liberties that were said to be unalienable.
- Alden v. Maine
- State employees could not sue to force state compliance with federal fair-labor laws.
- Initiative
- Allows voters to place legislative measures directly on the ballot by getting enough signatures.
- Line Item Veto Act
- Declare unconstitutional in Clinton et al. V. New York - Does not allow the president to veto specific items in tax and spending legislation.
- Federalism
- Shared separation of powers between a federal government and state governments.
- McCulloch v. Maryland
- Expanded the powers of Congress and confirmed the supremacy of the federal government in the exercise of those powers. Allowed the U.S. to establish a bank and disallowed the taxing of that bank by the states.
- Marxist view of political power
- Government is dominated by capitalists and is merely a reflection of underlying economic forces.
- Representative democracy
- Leaders make decisions by winning a competitive struggle for the popular vote.
- United States v. Lopez
- Held that Congress had exceeded its commerce clause power by prohibiting guns on school property.
- Mandates
- Federal rules that tell state governments what they must do with or without federal government funding. Mostly civil rights and environmental issues.
- Federalist 10
- Madison's response to controlling factions through the creation of a large republic.