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GOPO Unit 1 Constitu
Gopo Unit 1 Constitutional Underpinnings
| Question | Answer |
|---|---|
| democracy | Government by the people, both directly and indirectly, with free and frequent elections. |
| direct democracy | Government in which citizens vote on laws and select officials directly. |
| representative democracy aka republic | Government in which people elect those who govern and pass laws; also called a republic |
| popular consent | Idea that government must derive its powers from the consent of the people it governs. |
| majority rule | Governance according to the expressed preferences of the majority |
| majority | The candidate or party that wins more than half the votes cast in an election |
| ideology | A consistent pattern of beliefs about political values and the role of government |
| Articles of Confederation | The first governing document of the confederated states drafted in 1777, ratified in 1781, and replaced by the present Constitution in 1789 |
| 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 |
| bicameralism | Principle of a two-house legislature |
| Virginia Plan | Initial proposal at the Constitutional Convention made by the Virginia delegation for a strong central government with a bicameral legislature dominated by the big states |
| New Jersey Plan | Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally. |
| Connecticut Compromise | Compromise 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 (also known as the Great Compromise) |
| three-fifths compromise | Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining taxation and representation in the House of Representatives |
| Federalists | Supporters of ratification of the Constitution and of a strong central government |
| Antifederalists | Opponents of ratification of the Constitution and a strong central government, generally |
| The Federalist Papers | Essays promoting ratification of the Constitution, published anonymously by Alexander Hamilton, John Jay and James Madison in 1787 and 1778 |
| natural law | God's or nature's law that defines right from wrong and is higher than human law |
| separation of powers | Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive branch applying and enforcing the law, and the judiciary interpreting the law |
| checks and balances | Constitutional grant of powers that enables each of the three branches of government to check some acts of the others and therefore ensure that no one branch can dominate |
| divided government | Governance divided between the parties, especially when one holds the presidency and the other controls one or both houses of Congress |
| judicial review | The power of the court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution |
| impeachment | Formal accusation by the lower house of legislature against a public official, the first step in removal from office. (The trial of an official, not the removal of an official) |
| executive order | Directive issued by a president or governor that has the force of law |
| devolution | The effort to slow the growth of the federal government by returning many functions to the states |
| federalism | Constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the United States. The national and subdivisional governments both exercise authority over individuals. |
| unitary system | Constitutional arrangement that concentrates power in a central government |
| confederation | Constitutional agreement in which sovereign nations or states, by compact, create a central government but carefully limit its power and do not give it direct authority over individuals |
| expressed powers | Powers the Constitution specifically grants to one of the branches of the national government |
| implied powers | Powers inferred from the expressed powers that allow Congress to carry out its functions. |
| necessary and proper clause | Clause setting forth the implied powers of Congress. It states that, Congress, in addition to its expressed powers has the right to all laws necessary and proper to carry out all powers the Constitution vests in the national government |
| inherent power | Powers of the national government in foreign affairs that the Supreme Court has declared not to depend on constitutional grants but rather grow out of the very existence of the national government |
| commerce clause | Clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state over other nations |
| federal mandate | Requirement the federal government imposes as a condition for receiving federal funds |
| concurrent powers | Powers that the Constitution gives to both the national and state governments, such as the power to levy taxes |
| full faith and credit clause | Clause in the Constitution (Article 4, 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 |
| extradition | Legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed |
| national supremacy | Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government |
| states rights | Powers expressly or implicitly reserved to the states |
| cooperative federalism | national, state, and local government interact cooperatively and collectively to solve common problems, rather than making policies separately but more or less equally or clashing over a policy in a system dominated by the national government |
| Federalist 10 | Madison's response to controlling factions through the creation of a large republic |
| power | Ability of one person to get another person to act in accordance with the first person's intentions |
| authority | Right to use power. "Formal" means that the right to exercise power is vested in government office |
| legitimacy | Political authority given by law or by written constitution |
| pluralist | Competition shapes public policy. Therefore, what government does is affected to varying degrees not only by competing groups of elites inside or outside government, but by mass public media as well |
| Declaration of Independence | Addressed the British violations of political liberties that were said to be unalienable |
| John Locke | English philosopher that believed all men cherish and seek to protect their life, liberty and property |
| republic | A government in which a system of representation operates through competitive elections |
| Bill of Rights | First 10 Amendments in the Constitution in which basic rights are guaranteed. Was added to the Constitution before ratification in order to appease the Antifederalists |
| writ of habeas corpus | Must bring an accused person in custody before a judge to show sufficient cause for the detention |
| bill of attainder | A law that declares a person, without a trial, to be guilty of a crime |
| ex post facto law | A law that makes criminal an act that was legal when it was committed |
| block grants | Money from the national government for programs in certain general areas that the states can use at their discretion within broad guidelines set by Congress |
| elastic clause | Congress shall have the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers." |
| Federalist 45 | The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite |
| 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 |
| nullification | The right to declare a federal law unconstitutional by a state. No longer allowed after the Civil War |
| dual federalism | The national government is supreme, but the state governments are equally supreme and thus are separate, i.e. interstate commerce v. intrastate commerce |
| 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 |
Created by:
rockcastle