Pols ch.1

Supremacy Clause

the statement in Article VI of the Constitution that federal law is superior to laws passed by state legislatures

Devolution

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

Anti-Federalists

those who did not support ratification of the Constitution

Federalism

those who supported ratification of the Constitution

Equal Rights Amendment

constitutional amendment passed by Congress but never ratified that would have banned discrimination on the basis of gender

First Amendment

5 freedoms: speech, press, religion, assembly, petition

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.

fifth amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Fourteenth Amendment

A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.

writ of habeas corpus

A court order requiring explanation to a judge why a prisoner is being held in custody.

Constitution

A document which spells out the principles by which a government runs and the fundamental laws that govern a society

Judicial Review

Allows the court to determine the constitutionality of laws

McCulloch v. Maryland

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

Monarchy

a form of government where one ruler, usually a hereditary one, holds political power

unitary system

a centralized system of government in which the subnational government is dependent on the central government, where substantial authority is concentrated

Connecticut Compromise

a compromise between the Virginia Plan and the New Jersey Plan that created a two-house Congress; representation based on population in the House of Representatives and equal representation of states in the Senate

Declaration of Independence

a document written in 1776 in which the American colonists proclaimed their independence from Great Britain and listed their grievances against the British king

categorical grants

a federal transfer formulated to limit recipients' discretion in the use of funds and subject them to strict administrative criteria

republic

a form of government in which political power rests in the hands of the people, not a monarch, and is exercised by elected representatives

prior restraint

a government action that stops someone from doing something before they are able to do it (e.g., forbidding someone to publish a book he or she plans to release)

ex post facto law

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

search warrant

a legal document, signed by a judge, allowing police to search and/or seize persons or property

Virginia Plan

a plan for a two-house legislature; representatives would be elected to the lower house based on each state's population; representatives for the upper house would be chosen by the lower house

New Jersey Plan

a plan that called for a one-house national legislature; each state would receive one vote

exclusionary rule

a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

Cooperative Federalism

a style of federalism in which both levels of government coordinate their actions to solve national problems, leading to the blending of layers as in a marble cake

checks an balances

a system that allows one branch of government to limit the exercise of power by another branch; requires the different parts of government to work together

Shays Rbellion

an uprising led by a farmer

Elite Theory

claims political power rests in the hands of a small, elite group of people

pluralism

claims political power rests in the hands of groups of people

Full Faith and Credit Clause

found in Article IV, Section 1, of the Constitution, this clause requires states to accept court decisions, public acts, and contracts of other states; also referred to as the comity provision

public goods

goods provided by government that anyone can use and that are available to all without charge

Civil Liberties

limitations on the power of government, designed to ensure personal freedoms

Articles of Confederation

the first basis for the new nation's government; adopted in 1781; created an alliance of sovereign states held together by a weak central government

Bill of Rights

the first ten amendments to the U.S. Constitution; most were designed to protect fundamental rights and liberties

Elastic Clause

the last clause of Article I, Section 8, which enables the national government "to make all Laws which shall be necessary and proper for carrying" out all its constitutional responsibilities

veto

the power of the president to reject a law proposed by congress

Establishment Clause

the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

Natural Rights

the right to life, liberty, and property; believed to be given by God; no government may take away