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Declares that "The powers not delegated to the U.S. by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people" |
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Opposed the ratification of the new Constitution because they thought it gave too much power to the national government. They raised the issue of a Bill of Rights in hopes of defeating the new Constitution and to force the convening of a new constitutional convention |
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Articles of Confederation (1781) |
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- the first constitution of the U.S., specified how the Federal government was too operate, including adoption of an official name for the new nation, United States of America.
- Viewed by many as not strong enough:
- could not collect taxes
- could not raise an army
- could not regulate commerce
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- The first 10 amendments of the Constitution.
- Key measure on ratifying the Constitution (Federalists vs. Antifederalists)
- Initially meant to only apply to the national government but after the 14th Amendment (defining U.S. Citizenship) the Supreme Court interpreted the Due Process Clause of the 14th Amendment to apply most of the provisions of the B.O.R. to the states.
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a law declaring a person or a group of persons guilty of a crime and providing for punishment without benefit of a judicial preceeding |
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categorical grant program |
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a federal grant program that provides funds to state and local governments for a fairly narrow, specific purpose
(most federal grant funding is designated to Health, i.e. Medicare, Medicaid) |
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a federal grant program that provides money for a program in broad, general policy area |
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the overlapping of the powers of the branches of government to ensure that public officials limit the authority of each other |
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the constitutional provision giving Congress authority to regulate commerce among several states |
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the resulting organization of America's bicameral Congress from an agreement between large-state and small-state forces |
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the one-house legislature in which the American colonies were loosely allied during the Revolutionary War |
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delegated/enumerated powers |
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the powers explicitly granted to the national governmetby the Constitution |
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the constitutional principle holding that government must follow fair and regular procedures in actions that could lead to an individuals' suffer loss of life, liberty, or property |
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a retroactive criminal statute that operates to the disadvantage of accused persons. It criminalizes past actions that were taken before the law was passed |
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a political system that divides power between a central government, with authority over the whole nation, and a series of state governments |
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- Supported the ratification of the Constitution.
- Opposed the Bill of Rights because:
- Alexander Hamilton feared that such an enumeration, once written down explicitly, would later be interpreted as a list of the only rights that people had.
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a series of essay written by James Madison, Alexander Hamilton, and John Jay advocating the ratification of the Constitution |
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a grant program that awards funding on the basis of a formula established by Congress |
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the pseudonym under which the Federalist Papers were written |
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- Pivotal in shaping America's system of separation of powers with checks & balances.
- A writer of the Federalist Papers (thus also a Federalist)
- Believed that a strong central government with diverse interests but with checks & balances
- No overly-powerful government officials
- Pivotal in the writing of the Constitution.
- Drafted the Virginia Plan
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- An English philosopher whose work "Second Treatise on Government" heavily influenced that wrote the Constitution.
- Believed that:
- People in their natural state were born free & equal, and possessed certain natural rights which were: life, liberty, and property.
- In order to protect their rights, people voluntarily join together to form governments
- The power of government stems from the consent of the governed who entrust the government with responsibility for protecting their natural rights.
- Should government fail in this task, the people have the right to revolt and institute a enw government
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the power of courts to declare unconstitutional the actions of the other branches and units of government |
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- A case that cause the Supreme Court to assume the power of judicial review through constitutional interpretation itself for the first time.
- William Marbury was appointed to the judicial branch by President john Adams in his last day of office. Adams signed Marbury's commission but his Secretary of State neglected to deliver it that day. When new President Thomas Jefferson ordered his Secretary of State, James Madison, not to deliver his commission and Marbury sued. Marbury was entitled his position by the Supreme Court.
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matching funds requirement |
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the legislative provision that the national government will provide grant money for a particular activity only on the condition that the state or local government involved supplies a certain percentage of the total money required for the project or program |
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- A landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though the law, by its language, was generally applicable to all banks not chartered in Maryland, the Second Bank of the United States was the only out-of-state bank then existing in Maryland, and the law was recognized in the court's opinion as having specifically targeted the U.S. Bank. The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution.
- established the following two principles
- Implied powers, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.
- National over state (National Supremacy Clause), state action may not impede valid constitutional exercises of power by the Federal government.
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National Supremacy Clause (Article VI) |
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the constitutional provision that declares that the Constitution and laws of the U.S. take precedence over the constitution and laws of the states
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- a principle holding that all human beings are created equal and 8, these principles do not change over time, and political institutions can be created to reflect natural equality and human dignity
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holds that constitutions and laws should reflect prevailing social convention and thought |
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the constitutional principle that government has restricted authority over individuals |
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Necessary and Proper Clause or Elastic Clause (Art. 1, Section 8) |
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the Constitutional provision that declares that “[Congress shall have the power] to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the U.S., or in an department or office thereof.” It is the basis for much of the legislation passed by Congress because it gives Congress the means to exercise its delegated authority. |
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a system of government in which political power is concentrated in a legislative body and a cabinet headed by a prime minister |
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the government’s authority to raise and spend money |
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a system of government where an executive branch exists and presides (hence the name) separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it. |
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Representative democracy vs. direct democracy |
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Representative democracy is a political system in which citizens elect representatives to make policy decisions on their behalf while in a direct democracy citizens vote directly on matters of public concern.
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the constitutional principle that holds that the discretion of public officials in dealing with individuals is limited by the law |
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the division of political power among executive legislative and judicial branches |
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those powers of government that are jointly exercised by the national government and state governments
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Shay’s Rebellion (1786-87)
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- A rebellion raised by small farmers in Massachusetts against the government over debt and taxes, led by Daniel Shay.
- Led to the public embracing a stronger national government than the one provided by the Articles of Confederation
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the authority of a state to exercise its legitimate power within its boundaries, free from external interference
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- the abuse of the minority by the majority
- feared the effect of direct democracy
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Unicameralism vs. bicameralism |
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a court order requiring that government authorities either release a person held in custody or demonstrate that the person is detained in accordance with law
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How does the Constitution affect present-day policymaking |
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- Very generalized and vague, allowing for open interpretation
- Changed through practice and experience
- various powers of the government have grown, diminished, or been in place despite to not being explicitly mentioned in the Constitution (i.e. federal bureaucracy, committee system in Congress)
- changed through use of “implied powers”
- Constitutional change through amendment
- Constitutional change through judicial interpretation
- Judicial interpretation of the Constitution is inevitable because of the document’s generalized nature, requiring reinterpretation and adaption.
- judicial review which is an instrument of constitutional change because the process involves constitutional interpretation
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- Supports diversity of American society by citizens being subject to both their federal system and state, allowing individual's states customs and demographics to be considered in politics
- Brings government closer to people
- checks & balances
- states are a laboratory for potential national policies
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- A proposition by Virginia delegates, drafted by James Madison, in 1787.
- It set the agenda for debate at the 1787 Congress Confederation meeting.
- Proposed a bicameral legislation.
- Proposed that each state be represented by their population in Congress.
- Beneficial for VA who had the most populous state at the time.
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Kelo vs. New London (2005) |
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- Stretched the concept of eminent domain
- a case decided by the Supreme Court of the United States involving the use of eminent domain to transfer land from one private owner to another to further economic development.
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an action of the state to seize a citizen's private property, expropriate property, or seize a citizen's rights in property with due monetary compensation, but without the owner's consent. The property is taken either for government use or by delegation to third parties who will devote it to public or civic use or, in some cases, economic development (i.e military use, for highways) |
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a French political thinker during the Enlightenment who inspired the idea of checks & balances |
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Whiskey Rebellion (1790's) |
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- A resistance movement in Massachusetts that was rooted in western dissatisfaction with various policies of the eastern-based national government. Members were angry about the tax on whisky.
- Led to the formation of political parties (a process already underay
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- Checks & Balances
- An individual state's customs and demographics can be considered in policies
- Brings government closer to people
- States are laboratory for policies (can try dif. ones)
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- Equality issue, different states have different laws which can interfere with the laws of other states
- expensive system --> not as efficient
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- Secession is not really plausible
- too much inter-state conmmerce
- states have a lot of financial support from the federal government.
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That which derives its force and authority from the universal consent and immemorial practice of the people. The system of jurisprudence that originated in England and which was latter adopted in the U.S. that is based on precedent instead of statutory laws (those written down). |
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- doesn't allow diversity of ideas, good for homogenous populations
- voters would need to be educated in politics and current events
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individuals (i.e. President, Congressman)
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groups/institutions (i.e. representative democracy)
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system (i.e. Constitution & Federalism)
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Examples of Big State vs. Small State |
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- Connecticut Compromise
- electoral college
- 3/5 Compromise
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Main Principles Behind the Constitution |
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- Representative democracy
- Limited Government
- Rule of Law
- Bill of Rights
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