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VOCAB!!! 10th Amendment - the constitutional amendment stating that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states or the people” 14th Amendment - states “no state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States” Americans with Disabilities Act - requires employers and public facilities to make “reasonable accommodations” for people with disabilities and prohibits discrimination Articles of Confederation - first constitution of the US, established a national legislature, the Continental Congress, but most authority rested with the state legislatures Block grants - grants given to support broad program areas Categorical grants - Grants that can only be used for certain purposes Checks and balances - A system in which the different parts of government have powers that affect and control the other parts so that one part does not have too much power Clean Air Act - United States federal law designed to control air pollution on a national level. It requires the Environmental Protection Agency (EPA) to develop and enforce regulations to protect the public from airborne contaminants known to be hazardous to human health Commerce clause - gives Congress the power to regulate commerce with foreign nations, and among the several states, and with the Indian tribes. Concurrent powers - powers given to both states and the Federal Government by the U.S. Constitution. Cooperative federalism - refers to a concept in which the state governments, local governments, and the federal government share responsibility in the governance of the people. Devolution - the transfer or delegation of power to a lower level, especially by central government to local or regional administration. Direct democracy - form of democracy in which people decide policy initiatives directly. Dual federalism - the concept that the national government and the state governments have sovereign power in their respective spheres of authority. Elastic clause - a statement in the U.S. Constitution granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers. Elitist Theory - a theory of the state which seeks to describe and explain the power relationships in contemporary society. Enumerated powers - list of items found in Article I, Section 8 of the U.S. Constitution that set forth the authoritative capacity of Congress. Establishment clause - the first of several pronouncements in the First Amendment to the United States Constitution, stating, Congress shall make no law respecting an establishment of religion. Federal mandates - order from the central government that all state and local government must comply with. Federalism - a system of government in which sovereignty is constitutionally divided between a central governing authority and its provinces or states. Pluralist Theory - indicates that power is distributed among many groups. These groups may include coalitions of like-minded people, unions, professional associations and business lobbyists. Reserved powers - a political power reserved by a constitution to the exclusive jurisdiction of a specified political authority. Rights of the accused - the due process guarantees of the Constitution guarantee that individuals accused of crimes will be given a fair trial. This includes the guarantee of a jury trial and the right against self-incrimination. Selective incorporation - a constitutional doctrine that ensures states cannot enact laws that take away the constitutional rights of American citizens that are enshrined in the Bill of Rights. Social contract theory - an agreement, entered into by individuals, that results in the formation of the state or of organized society, the prime motive being the desire for protection, which entails the surrender of some or all personal liberties Supremacy clause - establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. Unitary government - central government is supreme, and the administrative divisions exercise only powers that the central government has delegated to them. Welfare reform - changes in the operation of a given welfare system. Advantages and disadvantages of federalism Advantages: leads to political stability by removing the national government from some controversial issue areas, federalism allowed the early U.S. government to achieve maintain stability. Disadvantages: Prevents the creation of a national policy because the United States does not have a single policy on issues; instead, it has fifty-one policies, which often leads to confusion. Direct vs. Representative Democracy In a direct democracy, all citizens meet together and vote on decisions. In a representative democracy, citizens elect leaders to make decisions for them. Federalists vs. Anti-Federalists Federalists favored the Constitution establishing a strong, central government while the Anti-Federalists opposed it and believed the Bill of Rights was necessary. Formal vs. informal amendment process Formally amending the Constitution requires two steps. It begins by proposing an amendment, which can be done by either both chambers of Congress, passing it by a two-thirds vote or by two-thirds of the states requesting a convention be held to consider amendments. The informal process, used by all branches of government, doesn't actually amend the Constitution. Instead, it refers to changes in how we interpret and use it. How government comes from/answers to citizens Citizens are required to serve on juries, or give mandatory military or civilian national service for a period of time. How majority rule is limited president is not elected by national popular vote, but by the Electoral college How the balance of power between the states and federal government has changed over time, and by what means this has occurred Concurrent powers are the powers that are shared by both the State and the federal government, exercised simultaneously. Over time, concurrent powers have began to include regulating elections, taxing, borrowing money and establishing courts. How the Constitution may be amended The Constitution can be amended either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures Loose vs. strict constructionism Strict constructionists believe that Congress should be allowed to exercise very few implied powers so that government will remain small. Loose constructionists, however, believe that Congress should be allowed to exercise many implied powers so that government can take a greater role in shaping event Powers unique to the House or Senate The Constitution grants Senate to approve presidential appointments to key federal offices, confirm all federal judicial appointments, ratify treaties, and try impeached officials. Problems of the Articles of Confederation and how these were addressed in the Constitution Through the Articles of Confederation, Congress couldn't levy taxes or regulate commerce and every state had one vote in Congress. In the Constitution, however, Congress had the right to levy taxes on individuals and regulate trade between states. Why framers wanted a bicameral legislature The Framers wanted an upper house that would federally represent each state equally and a lower house that would federally represent each state based on population.