Unit 3

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Unit 3
2012-10-01 19:20:26

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  1. Federalism
    A system of government in which sovereignty is constitutionally divided between a central governing authority and constituent political units. Democratic rules and institutions is shared between national and provincial/state governments.
  2. Concurrent Powers
    Powers in nations with a federalism/federal system of government that are shared by both the State and the federal government. They are contrasted with reserved powers.
  3. Elastic Clause
    A statement in the U.S. constitution (Article I, Section 8) grantingCongress the power to pass all laws necessary and proper forcarrying out the enumerated list of powers.
  4. Missouri Compromise 
    An agreement passed in 1820 between the pro-slavery and anti-slavery factions in the United States Congress, involving primarily the regulation of slavery in the western territories. It prohibited slavery in the former Louisiana Territory except within the boundaries of the proposed state of Missouri.
  5. Sherman Anti-Trust Act
     It prohibits certain business activities that reduce competition in the marketplace, and requires the United States federal government to investigate and pursue trusts, companies, and organizations suspected of being in violation.
  6. Medicaid
    Health program for certain people and families with low incomes and resources.
  7. Block Grants
    A large sum of money granted by the national government to a regional government with only general provisions as to the way it is to be spent. This can be contrasted with a categorical grant.
  8. Nullification
    A legal theory that a state has the right to nullify, or invalidate, any federal law which that state has deemed unconstitutional.
  9. Implied Powers
    Powers authorized by a legal document (from the Constitution) which, while not stated, seem to be implied by powers expressly stated.
  10. Dual Federalism
    Governmental power is divided into two separate spheres. One sphere of power belongs to thefederal government of the United States while the other severally belongs to each constituent state. Each sphere is mutually equal, exclusive, and limiting upon the other sphere, and each entity is supreme within its own sphere.
  11. Separate but Equal
    A legal doctrine in United States constitutional law that justified systems of segregation. Under this doctrine, services, facilities and public accommodations were allowed to be separated by race, on the condition that the quality of each group's public facilities was to remain equal. 
  12. FDIC
    A United States government corporation operating as an independent agency created by theGlass–Steagall Act of 1933. It provides deposit insurance, but does not provide deposit insurance for credit unions, which are insured by the National Credit Union Administration (NCUA).
  13. Grants-In-Aid
    Money coming from central government for a specific project.
  14. Devolution
    The passing down of authority from the national gov't to states and localities.
  15. Habeas Corpus
     "You must present the person in court." Requires a person under arrest to be brought before a judge or into court. Right to be released from custody if you're not charged. (Suspended during war)
  16. Enumerated Powers
    Items found in Article I, Section 8 of the U.S. Constitution that set forth the authoritative capacity of Congress. Congress may exercise the powers that the Constitution grants it, subject to explicit restrictions in the Bill of Rights and other protections in the Constitution.
  17. InterState Commerce
    A board, consisting of seven members, that supervises andregulates all carriers, except airplanes, engaged in interstatecommerce.
  18. Cooperative Federalism
    A concept of federalism in which national, state, and local governments 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.
  19. Fiscal Federalism
    A term referring to the expenditure funds on programs run in part through states and localities.
  20. TANF
    Provides temporary financial assistance while aiming to get people off of that assistance, primarily through employment.
  21. Ex Post Facto
    Also called a retroactive law, is a law that retroactively changes the legal consequences of actions that were committed, or relationships that existed, before the enactment of the law.
  22. Supremacy Clause
    Establishes the U.S. Constitution, U.S. Treaties, and laws made pursuant to the U.S. Constitution, shall be "the supreme law of the land." 
  23. IntraState Commerce
    The buying and selling of products and services within a single state.
  24. Commerce Clause
    An enumerated power listed in the United States Constitution (Article I, Section 8, Clause 3). The clause states that the United States Congress shall have power "To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes."
  25. Medicare
    National social insurance program, administered by the U.S. federal government that guarantees access to health insurance for Americans ages 65 and older and younger people with disabilities as well as people with end stage renal disease.
  26. Categorical Grant
    Main source of federal aid to state and local government, can only be used for specific purposes and for helping education, or categories of state and local spending.
  27. No Child Left Behind Act
    A United States Act of Congress that is a reauthorization of the Elementary and Secondary Education Act, which included Title I, the government's flagship aid program for disadvantaged students.
  28. Rule of Law
    A legal maxim whereby governmental decisions are made by applying known legal principles. Such a government can be called anomocracy
  29. Seperation of Powers
    The state is divided into branches, each with separate and independent powers and areas of responsibility so that no branch has more power than the other branches. The normal division of branches is into an executive, a legislature, and a judiciary.
  30. Popular Sovereignty
    A doctrine in political theory that government is created by and subject to the will of the people
  31. Checks and Balances.
    Limits imposed on all branches of a government by vesting in eachbranch the right to amend or void those acts of another that fallwithin its purview.
  32. Representaion
    The responsibility of a legislature to represent various interest in society.
  33. Due Process of Law
    Tthe administration of justice according to established rules and principles; based on the principle that a person cannot be deprived of life or liberty or property without appropriate legal procedures and safeguards
  34. Civilian Control of Gov't
     "The proper subordination of a competent, professional military to the ends of policy as determined by civilian authority"
  35. What was the purpose of the Constitution (Preamble)?
    • To generally define the reasons behind the Constitution, establish what justifies a government, and explain how its citizens have come to create one.
    • "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
  36. The Structure of the Articles of the Constitution:
    The basic structure of the Constitution is: The Preamble - states the purpose and the goals of the Constitution. The Articles - lay out the specifics for separation of power and rights of each branch of Gov. The Amendments - additions to the Constitution.
  37. Article 1-7:
    • Article I. The Legislative Branch
    • Article II. The Executive Branch
    • Article III. The Judicial Branch
    • Article IV. The States
    • Article V. Amendment
    • Article VI. The United States
    • Article VII. Ratification
  38. Examples of Grants of Power:
    The method of limiting the US Gov't by confining its scope of authority to those powers expressly granted in the Constitution. Ex: The power to tax, establish an army/navy, to declare war, regulate commerce among states, to create a national currency and to borrow money.
  39. Examples of Denial of Power:
    A constitutional means of limiting gov't by listing those powers that expressly prohibited from using. Ex: US Constitution prohibiting Congress and the states from paasing ex post facto laws. Imprisioning a subject without a charge.
  40. Functions of Legislative, Executive and Judicial Branch.
    • Legislative: Makes Laws
    • Executive: Enforces Laws
    • Judicial: Interperts Laws
  41. Shared Legislative Powers; Executive Powers; Judicial Powers:
    • Prez can veto acts of Congress, recommend legislation, call special sessions of Congress and has power to execute. Supreme Court has power to interpret acts of Congress that are disputed in legal cases and power of judicial review.
    • Senate must approve Prez's decisions and has power to impeach/remove Prez from office. Judicial checks Prez's power to declare an action unlawful.
    • Congress is empowered to establish size of federal court system, restrict SC's appellate jurisdiction, impeach/remove federal judges from office and rewrite legislations that the courts have reinterperted. Prez has power to appoint federal judges w/ consent of Senate, to pardon persons convicted in the courts and is responsible for executing court decisions.
  42. Purpose of Bill of Rights, Civil War Amendments and Progressive Era Amendments?
    • -Ensure that personal liberties would not be infringed upon by the new federal government.
    • -Grant slaves freedom and outlaw slavery.
    • - Improve the United States by making it a more pluralistic, popular democracy--where a great number of its citizens could participate in politics and have economic and social protection.
  43. The Importance of Marbury vs. Madison?
    It formed the basis for the exercise of judicial review in the United States under Article III of the Constitution.
  44. What is the Electoral College?
    The way the U.S. President is elected, as set forth by Article II Section 1 and the 12th and 23rd Amendments of the Constitution. The candidate who receives the most votes in your state wins all of that state's electoral votes. In order to win the election, a candidate must receive 270 electoral votes out of a possible 538 (Unit Rule: Grants all of a state's electoral votes to the candidate who recieves most of the popular votes in that state.)
  45. Federalist No.10
    A essay written by James Madison and the tenth of the Federalist Papers, a series arguing for the ratification of the United States Constitution. No. 10 addresses the question of how to guard against "factions"/groups of citizens, with interests contrary to the rights of others or the interests of the whole community. Madison argued that a strong, big republic would be a better guard against those dangers than smaller republics—for instance, the individual states.
  46. Reserved Powers
    The powers granted to the state under the 10th amendment to the Consitituion.
  47. Restricted Powers
    To prevent any single government agency from becoming overly powerful and abusing the rights of the people.
  48.  Bill of Attainer
    States you're passing a law declaring a person guilty of a crime and passing punishment w/out a trail
  49. Nationalist View
    Political ideology that involves a strong identification of a group of individuals with a nation.
  50. McCulloch v. Maryland
    Chief Justice John Marshall wrote the opinion for this landmark case defining the powers of a state over the federal government.
  51. Gibbons V. Ogden
    One of the most important decision of the early Supreme Court. Led by Chief Justice John Marshall, the Court said that the federal commerce clause, in effect, outranked a state law that had granted a monopoly to one group of people.
  52. State's Rights
    The rights and powers generally conceded to the states, or all those powers claimed for the states under some interpretations of the Constitution
  53. Scott v Sandford
    Slaves are not citizens under the United States Constitution.
  54. 14th Amendment
    Gave blacks the right of citizenship in America
  55. Plessy v. Ferguson
    Decision by the US Supreme Court that confirmed the principle of "Separate but Equal" and minority segregation. 
  56. Laissez Faire Capitalism
    Based on Adam Smith's Invisible hand, that the market self-regulates itself without the need of government regulations since consumers and producers are rational maximizers, and will take measures to maximize profit or save money and/or capital.
  57. Lochner v. New York
     A New York labor law required employees to work no more than sixty hours in one week.
  58. Hammer v. Dagenhart
    The Child Labor Act (the Act) prohibited the interstate transportation of goods produced with child labor. The father of two children sought an injunction against the enforcement of the Act on the grounds that the law was unconstitutional.
  59. Unfunded Mandates
    A statute or regulation that requires a state or local government, or private individuals or organizations, to perform certain actions, yet provides no money for fulfilling the requirements.
  60. The New Deal and Its Impact on Federalism
    A series of economic programs enacted in the United States between 1933 and 1936.  It made the federal gov'y more controlling over businesses, banks and the stock market; it gave it more power.
  61. New Federalism (Devolution)
    Transfer of certain powers from the United States federal government back to the states.
  62. Schecter v. United States
     Congress is not permitted to abdicate or transfer to others the essential legislative functions with which it is vested by Article I of the Constitution of the United States.