U1: Constitution & Federalism

Flashcard deck · A.P. U.S. Government · Constitution & Federalism · History

Covers all 27 amendments, the Bill of Rights, Federalist and Anti-Federalist arguments, the Articles of Confederation, and grant types for AP U.S. Government.

Terms in this deck

11th Amendment (1795): The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.
12th Amendment (1804): Added the separation of the president and vice president onto two different ballots.
13th Amendment (1865): Abolished slavery.
14th Amendment (1868): This amendment declared that all persons born or naturalized in the United States were entitled equal rights regardless of their race, and that their rights were protected at both the state and national levels; Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues
15th Amendment (1870): Citizens cannot be denied the right to vote because of race, color, or previous condition of servitude.
16th Amendment (1913): Amendment to the United States Constitution (1913) gave Congress the power to tax income.
17th Amendment (1913): Direct election of senators
18th Amendment (1919): Prohibited the manufacture, sale, and distribution of alcoholic beverages
19th Amendment (1920): Gave women the right to vote.
1st Amendment (1791): Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
20th Amendment (1933): Changed the date the president takes office from March 4th to January 20th; changed start of Congress to January 3rd; ended the Lame Duck Congress.
21st Amendment (1933): Repeal of Prohibition.
22nd Amendment (1951): Limits the number of terms a president may be elected to serve.
23rd Amendment (1961): Washington D.C. receives 3 electoral votes and the residents are allowed to vote in the presidential election.
24th Amendment (1964): Amendment to the U.S. Constitution (1964) eliminated the poll tax as a prerequisite to vote in national elections.
25th Amendment (1967): clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities.
26th Amendment (1971): Lowered the voting age to 18.
27th Amendment (1992): Limits the power of Congress to increase its own salaries.
2nd Amendment (1791): A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear arms, shall not be infringed.
3rd Amendment (1791): No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.
4th Amendment (1791): The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
5th Amendment (1791): No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6th Amendment (1791): In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.
7th Amendment (1791): In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
8th Amendment (1791): Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
9th Amendment (1791): The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Advice and Consent: The Senate's constitutional power to approve presidential appointments and ratify treaties, illustrating checks and balances between branches.
Hamilton, Alexander: Founding Father who authored Federalist Nos. 70 and 78; argued for a strong executive and independent judiciary in debates over ratification.
Amendment: A change to the Constitution.
Amendment Process: The formal procedure for changing the Constitution requiring two-thirds congressional approval and three-fourths state ratification; it intentionally makes change difficult.
American Political Culture: A set of basic, foundational values and beliefs about government shared by most citizens; key elements include democracy, equality before the law, limited government, capitalism, and private property.
Anti-Federalists: People who opposed the Constitution.
Articles of Confederation: The first governing document of the United States, ratified in 1781. It created a weak central government with no power to tax or regulate commerce.
Bicameral: A legislature consisting of two parts, or houses.
Bicameralism: A legislature divided into two separate chambers. The U.S. Congress consists of the Senate and the House of Representatives.
Bill of Rights: The first ten amendments to the Constitution ratified in 1791. They protect individual liberties from government infringement.
Bills of Attainder Laws: Laws that dictated prison sentences for the accused who were not given a trial; such laws cannot be made.
Block Grants: Federal funds given to states with broad discretion on how to spend them; states prefer these over categorical grants because of their flexibility.
Brutus No. 1: An Anti-Federalist essay arguing the Constitution gave too much power to the national government and threatened states and individual liberties.
Categorical Grants: Federal grants that can be used only for specific purposes, or categories, of state and local spending; they come with strings attached, such as nondiscrimination provisions (e.g., to build a school or airport).
Checks and Balances: A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power.
Commander in Chief: The president's constitutional role as head of the U.S. military, granting executive authority over armed forces while Congress retains war-declaring power.
Commerce Clause: Grants Congress power to regulate trade among states, foreign nations, and Native American tribes; it has been used broadly to expand federal power.
Compromise on Importation: The slave trade could not end until at least 1808.
Concurrent Powers: Powers held jointly by the national and state governments.
Confederation: An alliance of independent states.
Connecticut Compromise: Another name for the Great Compromise; created the bicameral Congress with equal Senate representation and population-based House representation.
Constitution: A written plan of government.
Constitutional Convention of 1787: The Philadelphia convention where 55 delegates drafted the current U.S. Constitution to replace the failing Articles of Confederation.
Constitutional Republic: A form of government in which citizens choose their leaders by voting and are bound by a constitution.
Cooperative Federalism: A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.
Democracy: A political system in which supreme power lies in a body of citizens who can elect people to represent them.
Devolution: The transfer of powers and responsibilities from the federal government to the states.
Dual Federalism: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Electoral College: The body of electors who formally choose the president and vice president. Each state receives electors equal to its total congressional representation.
Elitist Theory: A theory that a few top leaders make the key decisions without reference to popular desires.
Enumerated Powers: Powers explicitly listed in the Constitution and granted to Congress; examples include coining money and declaring war.
Enumerated Rights: Rights specifically listed in the Constitution or Bill of Rights, distinct from unenumerated rights retained by the people under the 9th Amendment.
Ex Post Facto Law: A law that makes an act criminal although the act was legal when it was committed.
Exclusive Powers: Those powers that can be exercised by the national government alone.
Executive Branch: Enforces laws.
Expressed Powers: Powers directly stated in the Constitution.
Extradition: A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.
Factions: Groups of citizens united by a common interest that may conflict with the public good; Madison discussed them extensively in Federalist No. 10.
Federal System: A government that divides the powers of government between the national government and state or provincial governments.
Federalism: A system in which power is divided between the national and state governments.
Federalism (layer cake vs. marble cake): Metaphors describing dual federalism (layer cake: separate powers) and cooperative federalism (marble cake: intertwined powers) used in AP curriculum.
Federalist No. 10: Written by James Madison, it argues a large republic best controls factions; Madison believed competing interests would prevent tyranny.
Federalist No. 51: Written by James Madison, it explains how separation of powers and checks and balances prevent tyranny; ambition must counteract ambition.
Federalist No. 70: Written by Alexander Hamilton, it argues for a single energetic executive; a unified presidency ensures accountability and decisive action.
Federalist No. 78: Written by Alexander Hamilton, it defends judicial review and lifetime tenure for federal judges; it establishes the judiciary as the least dangerous branch.
Federalist Papers: A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the pen name Publius to defend the Constitution.
Federalists: Supporters of the Constitution.
Fiscal Federalism: The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.
Full Faith and Credit Clause: Requires states to recognize the public records, acts, and court decisions of other states. It promotes legal consistency across the nation.
Government: The institution through which a society makes and enforces its public policies.
Grants-in-Aid: Money given by the national government to the states.
Horizontal Federalism: The relationship and interactions among the fifty state governments themselves; it includes obligations states have toward one another.
Implied Powers: Powers not specifically mentioned in the Constitution.
Inalienable Rights: Found in the Declaration of Independence: life, liberty, and the pursuit of happiness.
Incorporation Doctrine: The legal process by which the Fourteenth Amendment applies Bill of Rights protections to state governments. Most rights have been selectively incorporated.
Interstate Compact: A formal agreement between two or more states, permitted by Congress, to cooperate on shared issues like water rights or transportation.
Madison, James: Primary author of the Constitution and Federalist Papers Nos. 10 and 51; often called the Father of the Constitution for his central role at the Convention.
Jay, John: Co-author of the Federalist Papers alongside Madison and Hamilton; wrote primarily on foreign affairs and the need for national unity.
Judicial Branch: Interprets the laws.
Judicial Review: The power of courts to declare laws or executive actions unconstitutional; established by the Supreme Court in Marbury v. Madison in 1803.
Liberty: Freedom.
Limited Government: The idea that government power is restricted by law; no branch or official can act beyond constitutional boundaries.
Majority Rule: The democratic principle that decisions reflect the preference of more than half the participants, balanced by minority rights protections in the Constitution.
Marbury v. Madison: The 1803 Supreme Court case establishing judicial review. Chief Justice Marshall declared a federal law unconstitutional for the first time.
McCulloch v. Maryland: An 1819 Supreme Court ruling upholding federal supremacy and implied powers. The Court confirmed Congress could create a national bank.
Natural Rights: The idea that all humans are born with rights, which include the right to life, liberty, and property.
Necessary and Proper Clause: Also called the Elastic Clause, it grants Congress power to make laws needed to carry out its enumerated powers. It greatly expands federal authority.
New Federalism: A political philosophy seeking to return power to state governments; associated with Presidents Nixon and Reagan through block grants and devolution.
New Jersey Plan: A constitutional proposal that would have given each state one vote in a new Congress.
Override: When two-thirds of both houses of Congress vote to pass a bill despite a presidential veto, nullifying the executive's rejection.
Participatory Democracy: A system of government where rank-and-file citizens rule themselves rather than electing representatives to govern on their behalf.
Pluralist Theory: A theory of government and politics emphasizing that politics is mainly a competition among groups, each pressing for its own preferred policies.
Political Institutions: Structures of a political system that carry out the work of governing.
Politics: The study of who gets what, when, and how — or how policy decisions are made.
Popular Sovereignty: The principle that government authority comes from the people; citizens hold ultimate political power and consent to be governed.
Preamble: The introductory statement of the Constitution listing its six purposes, including establishing justice, ensuring domestic tranquility, and promoting general welfare.
Preemption: The principle that federal law supersedes conflicting state law under the Supremacy Clause, limiting state authority in areas Congress has regulated.
Privileges and Immunities Clause: Prevents a state from treating citizens of other states in a discriminatory manner.
Publius: The collective pen name used by Hamilton, Madison, and Jay when writing the Federalist Papers to argue for ratification of the Constitution.
Ratification: The formal approval of the Constitution or an amendment by states; the Constitution required nine of thirteen states to ratify to take effect.
Republic: A form of government in which citizens choose their leaders by voting.
Republicanism: A philosophy of limited government with elected representatives serving at the will of the people; the government is based on consent of the governed.
Reserved Powers: Powers given to the state government alone.
Separation of Powers: The division of the federal government into three branches — legislative, executive, and judicial — each with distinct responsibilities to prevent power concentration.
Shays' Rebellion: A 1786 armed uprising by Massachusetts farmers protesting debt and taxes; it revealed the weakness of the national government under the Articles.
Social Contract: The idea that people give up some freedoms in exchange for government protection of their rights; it forms the philosophical basis of American democracy.
Supremacy Clause: The Constitution is the supreme law of the land.
Tenth Amendment: Reserves all powers not granted to the federal government to the states or the people; it is the constitutional foundation of states' rights arguments.
Three-Fifths Compromise: A compromise counting enslaved people as three-fifths of a person for representation and taxation purposes; it inflated Southern states' political power.
Tyranny of the Majority: The danger that majority rule could oppress minority groups; the Constitution includes protections to prevent this outcome.
Unfunded Mandate Reform Act: 1995 law requiring Congress to identify costs of unfunded mandates on states before passing legislation, limiting federal mandates.
Unfunded Mandates: Programs that the federal government requires states to implement without federal funding.
Unicameral: A one-house legislature.
Unitary System: A government that gives all key powers to the national or central government.
Vertical Federalism: The relationship and division of power between the national government and state governments; it describes how these levels interact and share authority.
Veto: The president's power to reject legislation passed by Congress; Congress can override with a two-thirds vote in both chambers.
Virginia Plan: A large-state proposal for the new Constitution calling for proportional representation in both houses of a bicameral Congress; it favored larger states and prompted smaller states to propose their own plan.
Writ of Habeas Corpus: A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

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