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national government is the sole power for example france and england |
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form of government that constituent units such as states, retain most of the power within a weak national government |
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Articles of Confederation |
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1st national government created by the former colonies after the victory over England |
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powers "reserved" to state government by the constitution meaning that if powers are not "delegated" to the national government or "implied" to it, then states can exercise a wide range of powers within their borders |
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The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the States respectively, or to the people |
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Describes the consideredable latitude given to state and local governments to protect the safety, health, welfare, and even the "morals" of their citizens... the term "police" in this context does not refer to uniform upholders to the law, although they do play a role. It means the reserved powers. |
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National Supremacy Clause |
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it shall be the superem law of the land...in effect, national law takes precedence over any state law...it was intended for the new government to be supreme over the states |
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Necessary and proper clause |
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Also known as the elastic clause & to make all Laws which shall be necessary and proper for carrying into execution the foregoing Powers..
(Congress does not have the power to create a national bank) |
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McColloch v. Maryland (1819) |
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The challenge in this case was whether Congress possessed the power to establish a national bank. The Court, through Chief Justice John Marshall, reasoned that even though creating a bank was not among the delegated powers of Congress |
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To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes... the 1st & 3rd part of this statement pose little controversy. The middle section describes "interstate commerce" that sharply divides liberals and conservatives |
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the fighrt for equality and social justice in America |
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the doctrine that an individual state of the U.S. may oppose any federal action it believes encroaches on its sovereignty.
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states that a state may place itself between the national government and the people pf a state to "nullilfy" unconstiutional acts of Congress
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Dual implies two separate spheres of influence for the national government and the states and this accurately describes this period of history.....it is sometimes called "layer cake" federalism to denote the seperation of levels of government |
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Describes the American federal system as it developed after the New Deal...the expansion of the national government into many areas of national life brought a radically changed environment from dual federalism that existed from the end of the civil war |
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Began era of massive federal assistance to states and local government-- caled "cooperative" or "marble cake" federalism...Roosevelt developed numerous governmental programs aimed at relieving the worst effects of the Great Depression...his deal was a mixed brew of new regualations of the stock market and the banks coupled with gov't jobs through the alphabet agencies |
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A legislative act that declares the guilt of an individual and metes out punishment without a judicial trial |
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a law that makes an act a crime that was not a crime when it was committed, that increase the penalty for a crime after its commission, or that changes of evidence so as to make coviction easier...the Constituition prohibits both the national and state gov't from passing the ex post facto laws. |
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Can't be done unless Congress approvess..
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An agreement b/t 2 states; requires such agreement to have the consent of Congress; however minor matters that pertain only to the 2 states are often made w/o congress
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Full Faith & Credit Clause |
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the laws of one state will be recognized in other states
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This prevents a person from crossing a state line to avoid debts or other obligations, a common practice before the Constitution went into effect
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One of the interstate relations provisions
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Privileges & immunities clause |
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The Citizend of each State shall be entitled to all Privileges & immunites of Citizens in the several States
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The intent was to break down the barriers that had plagued the states from the time of independece
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I.E. : A resident from SC cannot be discrimintated against the state of GA; however, states are allowed to "discriminate" in areas which are tax supported
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Return by one jurisdiction to another of a person accused of a crime
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According to the Constiution, a person that has fled, shall be delivered up to the requesting state.
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This jurisdiction was designed to break down barriers b/t states!
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designed to sell the constituition to the people of NY |
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The separating of legislative, executive and judicial power into three branches of government |
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describes what the founding fathers gave up another term for the separation of powers |
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This amendment did nothing less than create a "new construction" with its specific limitations on state governments. This amendment conferred citizenship on freed slaves. One clause said that states could not deny "equal protection" to "any person" |
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A major protection for citizens, along with "privileges and immunities" & "Equal protection"....its most crucial meaning involves the recognition that in a democracy all persons are entitled certain basic protections against arbitrary government power |
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- Critical period after the Civil War whose purpose was to abolish all vestiges of slavery and integrate former slaves into mainstream America
- Blacks voted, held office & began to enjoy freedom
- New state constitutions were written which were models of good government
- it ended in 1876 when the Ku Klux Klan can out of this period.
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Historic Supreme court decision which upheld the doctrine of "Separate but equal"....This decision is best remembered for the eloquent, lone dissent of Justice John Marshall Harlan who wrote, : the constitution is color blind and neither knows nor tolerates classes among citizens
The case involved separate railroad cars for blacks and whites in Louisiana. |
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Brown vs. Board of Education |
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- Occurred in 1954 which ruled that racial segregation in public schools was unconstitutional
- Most important case in American history b/c it laid the foundation for civil rights movement
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Sparked by the arrest of Rosa Parks on 1 December 1955, the Montgomery bus boycott was a 13-month mass protest that ended with the U.S. Supreme Court ruling that segregation on public buses is unconstitutional. |
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One of the most important pieces of legislation in the nation's history. It addressed one of the vexing problems in the fight for equality & social justice in America.... the 14th amendment altered this movement |
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Voting Rights Act of 1965 |
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- This legislation marked a revolution in American life. The 15th amendment could not be more specific on the requirement for states to allow the former slaves to vote ( at least black males)
- The heart of this act is a controversial provision to the states called (pre-clearance).. this means that before any changes can be made in voting methods, such as moving polling place, affected counties must clear such moves with the U.S. Department of Justice
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Label given to policies which favor previously disadvantaged groups, specifically blacks,, women, and other minorities, over the "majority" (women are the majority) The term is frequently used negatively to register protests that affirmative action has gone too far. |
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A plan or program to remedy the effects of past discrimination in employment, education, or other activity and to prevent its recurrence |
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Was seen as the beginning of the women's rights movement in America. A group of activist women and a few men, the best known being Elizabeth Cady Stanton and Lucretia Mott, met at Seneca Falls, NY & using the Declaration of Independence as their guide put forth a declaration of women's rights that served as a rallying point for female equality until the passage of the 19th amendment |
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This amendment forbade states from denying rights to vote to females... this is the women's suffrage amendment...South Carolina did not approve it until the 1990s!!! |
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As a fundamental right it is not mention in the Constitution; however, the weight of other individuals protections such as freedom of assembly, freedom of speech & freedom from unreasonable searches & seizures has persuaded many |
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- Widely known as the abortion case
- It effectively took the matter of abortion away from the states and made it a national issue
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- These districts are drawn by state legislatures in a highly partisan process involving gerrymandering which insures that one party or the other will dominate in congressional elections.
- State legislatures districts are drawn by the same way so that in effect, politicians are choosing their voters
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- Drawing of political boundaries to take acct. of changes in pop. This is done after ever decennial census
- It is a critically important task which unfortunately in most states is left up to the state legislative which inevitably turns out a most noxious result
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- Top leadership position in the House of Representative
- it actually presides over the House whereas the Senate Majority leader does more negotiation
- It is next in line to the presidency, after the Vice President
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- In the U.S. Senate, the top leadership position
- In the house, this leader is #2 after the Speaker; in both houses this is a partisan position
- If the Democrats were to lose the House in 2010, almost certainly the Republican Minority Leader would become Speaker...The Senate Majority Leaders would become the Minority Leader
- This leader works closely with the Minority Leader owing to the greater informality in that body
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- Top Leadership position of the minority party in a legislative body
- this leader works closely & informally with the Majority leader to insure that his party's interests were considered
- Faces difficult task in that the rules of the House are more formal and
- They do not see themselves as the "loyal opposition" but as "obstructionists" trying to derail all proposals from the majority party
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- Party positions within legislative bodies...
- Assist party leaders such as a speaker or a majority or minority leader
- There job is to count the votes & keep the leadership informed of when party members may be " straying" from the pack
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Permanent committees which handle most of the business of a legislative body
- In the House & Senate these committees recurring subjects such as taxation, appropriations, foreign policy, military affairs, agriculture, commersce
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a congressional committee appointed to perform a special function that is beyond the authority or capacity of astanding committee. A select committee is usually created by a resolution that outlines its duties and powers and the procedures for appointing members. Select and special committees are often investigative in nature, rather than legislative, though some select and special committees have the authority to draft and report legislation. |
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- A temporary (add hoc) committee consisting of members of both the House & the Senate.
- A conference is formed after the passage of a bill in different forms in the two bodies...the confrees merge the two versions into 1 bill which must be passed again by both houses.
- this committee exercise considerable power
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Senate has no time for discussion
Rule 22 is the fillbuster
unlimited debate
60% for cut off |
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Another name for the " folks back home" or those represented by an elected official.
- merely follow the will of the people
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usually used in a negative way, but it is used to describe lobbyist & other groups who play a major role in policy making at all levels of government |
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a term used to describe the President of the United State.
& has the veto power, a major tool in shaping or ultimately defeating bills passed by congress |
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The power of the executive- a president or a governor to negate actions of the legislature. This power is integral to the notion of separation of powers and "checks & balances."
Generally, the veto must be exercised within a certain time period and it can be overridden with an "extraordinary majority" of the legislature, usually 2/3 |
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Device within the constitution to keep the executive from being overwhelmed by congress actions near the end of a legislative session..
If the president receives a bill and the legislature adjourns within ten working days he can pocket the bill and i.e. do nothing, and it will be votoed. Controversely, if he does nothing and 10 days elapse, the bill automatically becomes law. Hence, there are protection on both sides. |
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two houses, two parties. members orient around one of the four groupings |
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A sharp division b/t two competing interest, often applied to political parties when their differences become extreme, or "polar" opposite to one another. |
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