AP Gov unit 2 Flashcards

Question

Marbury v. Madison (1803)

Answer 1

Establishes Judicial Review. Federal courts had the power to nullify acts of the nation’s government when the courts found such acts to conflict with the Constitution

Answer 2

The first major Supreme Court decision to define the relationship between the national and state governments. James McCulloch, the head cashier of the Baltimore branch of the Bank of the United States refused to pay the tax, and Maryland brought suit against him. Chief Justice John Marshall notes the Constitution specifically called for the national law to be supreme. "The power to tax involves the power to destroy," wrote the chief justice.5 Thus, the state tax violated the supremacy clause because individual states cannot interfere with the operations of the national gov-ernment, whose laws are supreme. The federal questions to be determined by the Supreme Court- Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? The Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank, using the Constitution's supremacy clause. The Court 's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.

Answer 3

involved a dispute that arose after the New York state legislature granted to Robert Fulton the exclusive right to operate steamboats on the Hudson River. The states argued that "commerce," as mentioned in Article I , should be interpreted narrowly to include only direct dealings in products. In Gibbons, however, the Supreme Court ruled that Congress's power to regulate interstate commerce included the power to regulate commercial activity as well, and that the commerce power had no limits except those specifically found in the Constitution. The federal question to be determined by the Supreme Court- Does the Commerce Clause give Congress authority over interstate navigation? The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad definition of commerce included all commercial activity that crossed state borders, which can be regulated by the national government. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers. a

Answer 4

the U.S. Supreme Court in 1989 upheld several provisions of a Missouri law that regulated the performance of abortions.

Answer 5

the Supreme Court established that restrictions on abortion are unconstitutional if they place an “undue burden” on a woman seeking an abortion before the fetus is viable

Answer 6

Supreme court established that gun possession is not an economic activity that has any impact on interstate commerce, whether direct or indirect, so the federal government cannot base a law prohibiting gun possession near schools on the Commerce Clause.

Answer 7

United States Supreme Court holding that states may not implement their own immigration laws.

Answer 8

The Court determined that the individual mandate was not valid under the Commerce Clause because Congress cannot use that power to require someone to buy health insurance. However, the Court did uphold it as a valid use of Congress' taxing power, treating the penalty for failure to purchase insurance as a tax.

Answer 9

a strong federal government can protect liberty because it guards against the dangers of control by a narrow interest. Madison also called it "faction."

Answer 10

addresses means by which appropriate checks and balances can be created in government and also advocates a separation of powers within the national government. The idea of checks and balances is a crucial part of the modern U.S. system of government.

Answer 11

believed that the Constitution and laws of every state would nullified and declared void if they were, or shall be inconsistent with the Constitution. Brutus argued that under the Necessary and Proper Clause, Congress would be able to repeal state fundraising laws.

Answer 12

No State can emit paper money, lay any duties or imposts, on imports, or exports, but by consent of the Congress; and then the net produce shall b for the benefit of the United States.

Answer 13

Robert Yates discusses the necessity of the Bill of Rights to ensure liberties for future generations. Yates compares the creation of the new government to building a strong foundation for a building.

Answer 14

A feature established by the US Constitution that requires the three branches of government- the legislative, branch, the executive branch, and the judicial branch to be relatively independent of each other so that one branch cannot control the other two branches. Power is shared between among these three institutions.

Answer 15

System of government in which power is derived from the people and divided between the national government and state governments.

Answer 16

Found in the US Constitution's final paragraph of Article I, section 8, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution. This clause is also called the elastic clause and has been used to expand the power of the legislative branch and the national government.

Answer 17

requiring the President to “take Care that the Laws be faithfully executed. (article 2 section 3)

Answer 18

In section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.

Answer 19

Article VI, Paragraph 2 of the U.S. Constitution. It establishes that the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions.

Answer 20

The powers of the national government specifically granted to Congress in Article I , Section 8 of the Constitution.

Answer 21

rights given to Congress to conduct governmental duties. Most of these powers are found in Article 1 Section 8 of the United States Constitution.

Answer 22

those powers granted to the national government under the United States Constitution. The most important delegated powers are found in Article I of the Constitution. Include the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office.

Answer 23

The powers of the national government derived from the enumerated powers and the necessary and proper clause.

Answer 24

powers which are shared by both the federal government and state governments. This includes the power to tax, build roads, and create lower courts.

Answer 25

Powers delegated, or reserved, to the states by the Tenth Amendment, which builds the foundation for states to create laws pertaining to issues, such as public health and welfare of its citizens.

Answer 26

Grant that appropriates federal funds to states for a specific purpose.

Answer 27

A large grant given to a state by the federal government with only general spending guidelines.

Answer 28

Federal funds designated for special projects within a state or congressional district.

Answer 29

Clauses in legislation that directs states and local government to comply with national law, policy, standards, etc. In general, mandates are requirements that direct states and local governments to provide services under threat of penalties or as a condition of receiving federal funds/a federal grant.

Answer 30

Federal programs that are not funded, or adequately funded, which are ultimately financed by the states.

Answer 31

Found in the US Constitution's final paragraph of Article I, section 8, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution. This clause is also called the elastic clause and has been used to expand the power of the legislative branch and the national government.

Answer 32

gives Congress the power “to regulate commerce with foreign nations, and among the several states, and with the Indian tribes.”

Answer 33

In section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.

Answer 34

In section of Article IV of the Constitution guaranteeing that the citizens of each stare are afforded the same rights as citizens of all other states.

Answer 35

provides for the return of persons charged with a crime in one state who fled to another state.

Answer 36

specifically granted to the federal government in Article I, Section 8 of the Constitution. This includes the power to coin money, to regulate commerce, to declare war, to raise and maintain armed forces, and to establish a Post Office.

Answer 37

The belief that having separate and equally powerful levels of government is the best arrangement, often referred to as layer-cake federalism.

Answer 38

The intertwined relationship between the national, state, and local governments that began with the New Deal, often referred to as marble-cake federalism.

Answer 39

Federal-state relationship proposed by Reagan administration during the 1980s, which focused on returning administrative powers to the state governments.

Answer 40

A pragmatic approach to federalism that views relations between national and state governments as both coercive and cooperative.

Answer 41

A concept that allows the national government to override state or local actions in certain policy areas.