Chapter 2
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Court Cases:
- US v Lopez(1995)-The first US Supreme Coupt case since the New Deal to set limits to Congress's power under the Commerce Clause of the United States Constution
- Marbury v Madison(1803)-Formation of Judicial review under Article III of the Constution
- McCulloch v Maryland(1819)-The Federal govenment can pass laws not expressly provided for in the constution's list of express powers, provided those laws are in useful futherance of the express powers of the Congress under the Constution
- Gibbons v Ogden(1824)-The power to regulate interstate commerce, granted to congress by the commerce clause of the United States Constution, encompassed the power to regulate navigation
Vocab Terms:
- Republic-a state in which supreme power is held by the people and their elected representatives, and which has an elected or nonomiated president rather than a monarch
- Federalism-the federal principle or system of government
- Limited Government-a political system in which legalized force is restriced through delegated and enumerated powers
- Unitary Government-a state government as one single power in which the central government is ultimately supreme and any administrative divisions(subnational units) exercise only powers that their central government chooses to delegate. The majority of states in the world have this system of government
- Articles of Confederation-the origional constution of the US ratified in 1781, which was replaced by the US constitution in 1789
- Dual Federalism-divided sovereighty, a political arrangement in which power is divided between the federal and state governments in clearly defined terms, with state government exercising those powers according to them without interference form the federal government
- Shay's Rebellion-an uprising led by a fromer militia officer, Daniel Shays, which broke out in western Massachusetts in 1786, Shays's followers protested the foreclousers of farms for debt and briefly succeeded in shutting down the court system
- Cooperative Federalism-(1930s-1970s) a cocept of federalism in which national, state, and local governments interact cooperatively and collectively to solve common problems, rather than making policies separetly but more or less equaly
- Commerce Clause-Article 1, Section 8, Clause 3 of the US Constution, in which gives congress the power "to regulate commerce with foreign nations, and among the several states, ad with the Indian tribes"
- Intergovernmental Relations-an interlacing network of instutions at national provincial, adn loval levels, created and refined to enable the various parts of government to cohere in a manner more or less apporate to our institutional arrangements
- Fractions-a small, organized, dissenting group within a larger one
- Supremacy Clause-the clause in the US Constution's Article IV, stating that all laws made furthing the constution and all treaties makde under the authority of the United States are the "supreme law of the land"
- New Jersey Plan-small state plan- a proposal for the structure of the US Covernment presented by William Paerson at the Constutional Convention, each state has an equal number of votes
- Enumerated Powers-the list of items found in Article 1, Section 8, of the US Constution that set forth the authority of Congress
- Virgina Plan-large state plan-bicameral legislative branch, the plan was drafted by James Madison, the number each state votes is porptional to the population of that state
- Implied Powers-these powers authoized by a document(form the US Constution) that, while not stated, seem to be implied by powers expressly stated
- Connecticut Compromise-the Great Compromise of 1787- 2 part leglastive system in the Congress- the House of Represntives based on the states population and Senate with 2 represnatives per state
- Elastic Clause-Article 1, Section 8, granting congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers
- Writ of Habeas Copus-to "produce the body" is a court order to a person (prision warden) or agency (instution) holding someone in custody to deliver the improsoned individual to the court issuing the order
- Full Faith and Credit-an obligation under the US Constution of one state to recognize and give effect to the public arts, records, and judicial proceedings of her sister states
- Jusical Review-review by the US Supreme Court of the Constutional valiclity of a leglastive act
- Privileges and Immunities-the 14th amendments clause has virtuallly no significance in civil rights law, the clause sates "no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States
- Federalist-an advocate or supporter of federalism
- Devolution-the transfer or delagation of power to a lower level, especially by central government to local or regional adminstration
- Anti-Federalist-a person who opposed the ratification of the constution in 1789 and there are allied with Thomas Jefferson's Anti Federal Party, which opposed extension of the powers of the Federal Government
- Fiscal Federalism-part of broader public finance discipline, deals with the division fo governmental functions and financial relations among levels of government
- The Madisonian System-structure of government in which the powers of the government are seprated into three branches: executive, judicial, and legislative
- Categorical Grants-spent only for nattowly defined purposed- main source of federal aid to state and local governments
- Block Grants-from a central government that a local authority can allocate to a wide range of services
- Formula Grants-including quantifiable elements, such as population, amount of tax, affort, porpotion of populatio unemployed or below poverty level, density of housing, or rate of infiant mortality
- Project Grants-type of categorical grant, given on the basis of merrit