AP Government: Chapters 1, 2, 3

inherant powers

powers that the national government may excercise simply because it is the government, implied powers in constitution

pocket veto

president ignores a bill for more than 10 days and Congress is in adjournment

21st Amendment

repealed the 18th Amendment

Unfunded Mandates Reform Act

requires CBO to analyze impact of unfunded mandates on the states. requires separate congressional vote on bills that impose unfunded mandates

Pre emption

right of national law or regulation to preclude enforcement of state or local regulation

Privilege and Immunity

states cant discriminate against nonresidents of that state

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

Unfunded mandate reform act of 1995

tried to prohibit unfunded mandates; placed limits on congress passing laws that require states to preform reform without giving money to support it; pre calculate amount of money needed

Advantages of federalism

unity without uniformity; allows for experimentation; experience for low level politicians; prevents tyranny

Executive checks on legislative

veto power; VP is president of the senate; commander in chief; recess appointments; emergency call for Congress; force adjournment; compensation cannot be diminished

US v. Lopez

1994, Congress must defer punishment to states, because the gun-free school zone act exceeds Congress' authority to regulate interstate commerce.

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)

how many votes o fraction to end a filibusterer?

2/3

what fraction to approve treaties?

2/3

what fraction to convict someone for impeachment?

2/3

what fraction to override a veto?

2/3 in each house

procedure for amending the Constitution

2/3 of both chambers propose it or 2/3 of states propose it, then somebody writes it (by tradition it has to be Congress), ¾ of all states must ratify it.

what fraction to pass amendments?

3/4

ratification process

9 of 13 states have to ratify before Constitution can go into effect

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

democracy

A form of Government in which the supreme authority rests with the people.

direct democracy

A form of government in which citizens rule directly and not through representatives

New Jersey Plan

A framework for the Constitution proposed by a group of small states; its key points were a one-house legislature with one vote for each state, the establishment of the acts of Congress as the "supreme law" of the land, and a supreme judiciary with limited power.

unitary system

A government that gives all key powers to the national or central government

Revenue Sharing

A law providing for the distribution of a fixed amount or share of federal tax revenues to the states for spending on almost any government purpose.

project grants

Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications; colleges

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; Special Education

South Dakota v. Dole

Federal law withheld federal highway funds from states with a drinking age of less than 21 year

Constitutional Convention

GW= president of convention; James Madison took notes; John Adams and Thomas Jefferson were not able to attend; Patrick Henry, John Hancock, and Samuel Adams did not attend; VA plan and NJ plan

categorical-formula grants

Grants given that must be used for a specific purpose. Usually given based on population; social security or medicaid/care

congressional elaboration

Judiciary Act of 1789(outlined federal court system) grounds for impeachment filabuster

natural rights

Life, Liberty, and Property

McCulloch v. Maryland

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Constitutional structure for federalism

National gov has only their inherant powers; National gov is supreme; 10th amendment; some powers are denied from both levels

cross over requirements

National gov uses money as leverage; the money used in one area affects another policy

18th Amendment

Outlawed alcohol

expressed powers

Powers directly stated in the Constitution

reserved powers

Powers not specifically granted to the federal government or denied to the states belong to the states and the people

implied powers

Powers not specifically mentioned in the constitution

concurrent powers

Powers of government exercised independently by both the federal and state governments, such as the power to tax.

John Locke

State of nature; natural rights to life liberty and property; Social Contract(people entrust the government to protect their natural rights, and the government must protect them or be overthrown by the people.

Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

Gibbons v. Ogden

(1824) U.S. Supreme Court decision reinforcing the "commerce clause'' of the Constitution; Chief Justice John Marshall ruled against the State of New York's granting of steamboat monopolies.

Gonzales v. Raich

(2005) The regulation (ban on homegrown medical marijuana) is squarely within Congress' commerce power because production of the commodity meant for home consumption, be it wheat (Wickard) or marijuana, has a substantial effect on supply and demand in the national market for that commodity.

Judiciary Act of 1789

A law that established the federal court system and the number of Supreme Court justices and that provided for the appeal of certain state court decisions to the federal courts

ex post facto law

A law that makes an act criminal although the act was legal when it was committed

federal mandates

A requirement in federal legislation that forces states and muicipalities to comply with certain rules

federalism

A system in which power is divided between the national and state governments

fiscal federalism

A system in which the national government provides grants-in-aid to states using conditions to elicit control.

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.

cooperative federalism

A system of government in which powers and policy assignments are shared between states and the national government; MARBLE CAKE FEDERALISM

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

cross-cutting requirements

A technique of Congress to establish federal regulations. Federal grants may establish certain conditions that extend to all activities supported by federal funds, regardless of their source. The first and most famous of these is Title VI of the 1964 Civil Rights Act, which holds that in the use of federal funds, no person may be discriminated against on the basis of race, color, or national origin. More than 60 cross-cutting requirements concern such matters as the environment, historic preservation, contract wage rates, access to government information, the care of experimental animals, and the treatment of human subjects in research projects.

crossover sanctions

A technique of Congress to establish federal regulations. These sanctions permit the use of federal money in one program to influence state and local policy in another. For example, a 1984 act reduced federal highway aid by up to 15 percent for any state that failed to adopt a minimum drinking age of 21.

Wickard v. Fillburn

Activities local in character that have an economic effect on interstate commerce can be regulated by Congress under the Commerce Clause. Even if Filburn's activity is local and although it may not be regarded as commerce, it may still be reached by Congress if it exerts a substantial economic effect on commerce, without regard for whether the effect is "direct" or "indirect."

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; BICAMERALISM

16th Amendment

Allows the Congress to levy an income tax

social contract

An agreement between the people and their government signifying their consent to be governed

elastic clause

Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.

10th amendment

Asserts that powers not delegated to the national government or denied to the states are reserved to the states.

judicial review

Authority given the courts to review constitutionality of acts by the executive/state/legislature; est. in Marbury v. Madison

14th Amendment

Citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves

commerce clause

Clause stating that Congress can regulate interstate and international commerce.

full faith and credit

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

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

17th Amendment

Direct election of senators

US v. Morrison

a United States Supreme Court decision which held that parts of the Violence Against Women Act of 1994 were unconstitutional because they exceeded congressional power under the Commerce Clause and under section 5 of the Fourteenth Amendment to the Constitution

cross cutting requirements

applies to all federal money; further social and economic such as non discrimination and environmental protection

Executive checks on judiciary

appoint judges; pardon power

Legislative checks on judiciary

approval of federal judges; impeachment power(house) impeachment trial (senate); set up courts inferior to Supreme Court; jurisdiction of courts; alter size of the Supreme Court

Full Faith and Credit

asserts that States must recognize th epublic recors, acts and judicial proceedings of every other state

Legislative checks on itself

bills must be passed in BOTH houses; House must originate revenue bills; can't adjourn for more than three days without consent from the other; publish journals; impeachment process

how the federal government gained more power over the years

dual federalism; Civil War; 14th Amendment (due process); 16th Amendment (income tax to hold over states); 17th Amendment (direct election of senators, states loose their representation); Great depression/ New Deal FDR

Marbury v. Madison

established concept of judicial review, first time supreme court declared something 'unconstitutional'

Clinton and Welfare Reform

gave states back welfare power, which gives them more flexibility; it was a formula grant, now its a block grant

disadvantages of federalism

hard to coordinate; confusing; expensive; overlapping authority; unequal distribution of power

Legislative checks on executive

impeachment; override presidential vetoes; approval of dept. appointments; approves treaties; declare war; tax; president must address the "State of the Union"

direct democracy at the state level

initiative; referendum; recall

judiciary interpretation

judicial review (Marbury vs. Madison) separate but equal is not constitutional (Brown vs. Board of Edu.) right to privacy (Griswold vs. Connecticut)

Judicial checks on executive

judicial review; chief justice sits as president of the senate during impeachment

Judicial checks on legislative

judicial review; seats are held on good behavior; compensation cannot be diminished

what fraction to approve appointments

majority

what fraction to impeach?

majority