Federalism/constitution Flashcards
(33 cards)
Natural law
An idea that society should be governed by certain ethical principles that are part of nature and can be understood by reason. Root of the American government
Natural rights
Rights inherent in human beings, not dependent on governments. Includes life, liberty, and property. This concept was central to john locked theories about government and was widely accepted by the framers.
Social contract theory
The belief that people are free and equal by god-given right and that this requires that all people must give consent to be governed by lock and influential in writing the declaration of indep
Direct democracy
Members of the polity meet to discuss all policy decisions then after to abide by majority rule; ex. New England town meeting
Indirect democracy
(Representative) gives citizens the opportunity to vote for representatives who will work on our behalf; ex. The US now
Republic
Government rooted in the consent of the governed
Oligarchy
Government in which the right to participate is always conditioned on the possession of wealth or position or achievements
Aristocracy
Government controlled by the tule of the highest
Elastic clause
Give congress the right to do what is necessary and proper to carry out the stayer powers or what is necessary for the changing times
Expressed powers
Congress has the power to tax, regulate commerce, lay duties, imposts and exercises to pay off the debts and provide for the defense of the general welfare of the US
Enumerated powers
Powers that belong to the national government such as printing money, making treaties and conducting foreign policy, regulating interstate and international trade
reserved powers
Powers that belong exclusively to states including the right to issue licenses, regulation of intrastate businesses, and responsibility to run and pay for federal elections
Concurrent powers
Some powers are shared by the federal and state governments such as collecting taxes? building roads, operating courts of, and borrowing money
Full faith and credit clause
States are required by the Constitution to accept the court judgments, licensing, contracts, and other civil acts of all other states
Privileges and immunities clause
States may not refuse police protectionist access to their courts to a US citizen just because he Lives in a different state
Extradition
States must return fugitives to the states from which they have fled
Advantages of federalism
Mass participation
Regional Autonomy
Government at many levels
Innovative methods
Disadvantages of Federalism
Lack of consistency
Inefficiency
Bureaucracy
Formal amendments
A proposed amendment must be introduced to both houses of Congress and approved by two thirds majority in each
Then three fourths of state legislatures must ratify(approve)
Federalism
equal powers of government between a strong national government and the individual states. government power derives from the people. relationship between both governments
Dual Federalism
Layer cake; belief that having separate and equally powerful levels of government is the best arrangement. National government should not exceed enumerated powers
Cooperative Federalism
Marble cake; intertwined powers of the state and national government. grants allocated federal funds to the states for a specific purpose (ex. Morril Land Grant Act)
Supremacy Clause
declares that federal law takes precedence over all forms of state law (in article 6)
Block Grant
sum of money that gives huge leeway (no strings attached); during devolution revolution