Section 1
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Cooperative Federalism
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Last updated
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Date created
Mar 14, 2020
Cards (53)
Section 1
(50 cards)
Cooperative Federalism
Cooperation among federal, state, &local govts; "marble cake" federalism
McCulloch v. Maryland
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
concurrent powers
Powers held jointly by the national and state governments.
eminent domain
Power of a government to take private property for public use.
Efficacy
the ability to produce a desired or intended result/ the citizens faith trust towards gov.
Articles of Confederation
1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)
Federalist 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. (gov solves or they wait for the factions to solve themselves)
Virginia Plan
Virginia delegate James Madison's plan of government, in which states got a number of representatives in Congress based on their population/ Also a strong national gov.
Democracy
A political system in which the supreme power lies in a body of citizens who can elect people to represent them
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.
Collective dilemmas
a situation in which there is conflict between group goals and individual goals or self-interest with in pols realm. happens in b/t the states
Miranda Rule
the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel
New Federalism
system in which the national government restores greater authority back to the states
Process to amend the US Constitution
2/3 vote in house of representatives/ state legislatures
Connecticut Compromise (Great Compromise)
Agreement during the Constitutional Convention that Congress should be composed of a Senate, in which States would be represented equally, and a House, in which representation would be based on a State's population.
Due Process Amendments
5th and 14th
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
double jeapordy clause
Part of the Fifth Amendment that protects individuals from being tried twice for the same offense.
Three-Fifths Compromise
Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment)
Necessary and Proper Clause
constitutional authorization for Congress to make any law required to carry out its powers
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion.
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.
Social contract theory
A voluntary agreement between the government and the governed
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. Also wanted weak national gov.
Commerce Clause
Clause stating that Congress can regulate interstate and international commerce.
Civil Liberties
Constitutional freedoms guaranteed to all citizens
Politics
Method of maintaining, managing, and gaining control of government (who gets what, when, and how)
Free Exersize Clause
national government may not interfere with a person's right to practice his or her religion
Government
the form or system of rule by which a state, community, etc., is governed:
Full faith and credit clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state
reserved powers
powers that the Constitution does not give to the national government that are kept by the states
Gibbons v. Ogden
Regulating interstate commerce is a power reserved to the federal government
Apportionment
Distribution of representatives among the states based on the population of each state
Natural Rights
the idea that all humans are born with rights, which include the right to life, liberty, and property
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. Layer Cake
Confederation
an organization that consists of a number of parties or groups united in an alliance or league. (independent states)
Locke
English empiricist philosopher who believed that all knowledge is derived from sensory experience (1632-1704) (Natural Rights)
Bill of Rights
First ten amendments to the Constitution, drafted by Madison, placed limitations of government and protects natural rights.
regulated federalism
a form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards
Popular Sovereignty
A government in which the people rule by their own consent.
Delegate vs. trustee representation
delegate- someone we elect to do what we would do if we were there trustee- someone we elect to go and make decisions on our behalf in our best interests
Liberal democracy
A political system that promotes participation, competition, and liberty and emphasizes individual freedom and civil rights.
Federalist 51 (Madison)
Separation of powers, checks and balances
super majority
a number that is much more than half of a total, especially in a vote. Or just more than half
Police powers
state power to effect laws promoting health, safety, and morals
Instituions
the rules and procedures that provide incentives for political behavior, thereby shaping politics/ organizations in which governmental power is exercised
Federalist 84
There is no need for a bill of rights. The constitution already contains 6 provisions that protect individual liberties. (all about governmental power)
Antifederalists
Opponents of ratification of the Constitution and of a strong central government, generally.
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)
Federalists
supporters of the Constitution
Section 2
(3 cards)