American Government unit 1

power

government is forcing people to do something and keeping people to do something

sovereignty

the power to rule

legitimacy

the right to rule

autocracy

rule by 1, constitutional- strict limit on government power

oligarchy

group, authoritarian- no formal limits but has non government that keeps it in check

Democracy

the people, totalitarian- no limit of any kind but on political power

condfederation

a system of government in which retain sovereign authority except for the powers expressly delegated to the national government

Virginia plan

plan provided for a system of representation in the national legislature based upon the population of each state f the proportion of each states revenue contribution to the national government, or both

Great compromise

the first chamber of congress, the house of representatives, the representatives would b apportioned according to the population in each state

New Jersey plan

called or equal state representation in the national legislature regardless of population

3/5 compromise

the seats in the house of representatives would be apportioned to a population in which 5 slaves would count for 3 free persons

bicameralism

having a legislative assembly composed of two chambers or houses

checks and balances

mechanisms through which each branch of government is able to participate in and influence the activities of the other branches

electoral college

presidential electors from each state who meet after the popular election cast ballots for president and vice president

bill of rights

the first 10 amendments to the constitution

separation of powers

the division of governmental power among several institutions that must cooperate in decision makeig

federalism

a system of government in which power is divided, by a constitution between a central gov and regional government

expressed powers

specific powers granted to congress in the constitution

elastic clause

signified that the enumerated powers were meant to be a source of strength to the national government, no a limitation on it

judicial review

the power of the courts to review and if necessary, declare actions of the legislative and executive branches invalid or unconstitutional

supreme clause

provided that national laws and treaties "shall be the supreme law of the land" and superior to all laws adopted by any state or any subdivision

Characteristics of a nation

land
culture
history
institutions
historical inevitability

4 clauses of colonization

religion
economics
imperialism
philosphy

continental congress

writes articles of confederation

problem of faction

divisions of society that wants power (ex. republican and democrats)

federalism

divisions of powers and functions between the national governments and the state governments

unitary system

the central government makes the important decisions and lower levels of government primarily implement decisions made by the central government

federal system

the central government shares powers or functions with lower levels of government

expressed powers

powers specifically granted to congress and the president in the constitution

implied powers

enable congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers

reserved powers

aims to reserve the powers of the states

police power

a states authority to regulate the health, safety and morals of its citizens

concurrent powers

authority possessed by both state and national government

home rule

powers delegated by the state to a local government to manage its own affairs

dual federalism

most fundamental governmental powers were shared between the federal and state government

commerce clause

regulate commerce with foreign nations and among the several states and with the indian tribes

states rights

the principle that states should oppose the increasing authority of the national government

grants in aid

programs through which congress provided money to state and local governments on the condition that the funds be employed for purposes defined by the federal government

categorical grants

grants given to states and localities by the national government

devotion

programs are removed from the level of government by delegating it for passing it down to a lower level of government

preemption

the principal that allows the national government to override state or local actions in certain policy areas

unfunded mandates

regulations or new conditions for receiving grants that impose costs on state and local governments for which they are not reimbersed by the national government

general revenue sharing

federal government provided money to local governments and counties with no strings attached

new federalism

returning power to the states through block grants

Ratification

each state needs to vote independently

federalists

people for the constitution

antifederalists

people against the constitution, stronger state and local gov.

unitary system

central government makes all important decisions

confederalism

state and local governments make all decisions (least common form)

benefits of federalism

limits every layer of government

civil liberties

individual rights and personal freedoms with which governments are constrained from interfering

civil rights

protections of citizen equality provided by the government

due process of law

right of every citizen to be protected against arbitrary action by national or state governments

selective incorporation

process by which different protections in the Bill of rights were incorporated or applied to the states using the 4th amendment

free exercise clause

protects the citizens right to believe and proactive whatever religion he chooses

strict scrutiny

places a heavy burden of proof on the government if it seeks to regulate or restrict speech

clear and present danger

test for when government intervention or censorship can be permitted

speech plus

speech accompanied by conduct or physical activity such as sit ins, picketing, and demonstrating

prior restraint

efforts by a governmental agency to block the publications of material if it deems libelous or harmful in some other way

libel

if a written statement is made in reckless disregard of the truth and is considered damaging to the victim because it is malicious, scandalous, and defamatory

slander

if an oral statement of libel is made

fighting words

expressive speech

exclusionary rule

ability of courts to exclude evidence obtained by violation of the 4th amendment

double jeopardy

a protection to prevent a person from being tried more than once for the same crime

eminent domain

power of any government to take private property for public use

4th amendment

guaranteeing equal protection and due process and states ratified in the after math of civil war

13th amendment

abolished slavery

10th amendment

guaranteed voting for black men

defacto

by fact where in races are till segregated even though the law does not require it

affirmative action

government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opp.

Amendment 1

limits congress

Amendment 2-4

limits executive

Amendment 5-8

limits judiciary

Amendments 9 and 10

limits whole national government