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Flashcards in GOV: CH 1,2,3 Deck (92):
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Bureaucratic theory

Non elected officials carry out day to day functions of government
-large organized system with slow decision making ability
-agenda politics have added to its size and demand
-more concerned with following rules than peoples wishes

1

Elitist theory

Government is controlled by select few--rich, big business, military leaders
-they aren't in government but they control decisions

2

Marxist theory/class view

Government is dominated by capitalists and they want to overthrow the wealthy/elite to share wealth
-economic factors shape political outcomes
-tied to foreign and defense policy

3

Pluralist theory

No one group controls the government
Many influence it
-does not account for role of judicial branch
-most like us today

4

Why do politics exist

Because people differ about two issues: who governs, which will affect us. And to what end do they govern: which is how the government affects our lives, power

5

Political power

Power: someone getting another to do what they ask
Authority: right to yield power
Legitimacy: way using power is justifiable, struggle constitutes much political debate, in US it must be democratic

6

Direct democracy

People vote on laws
-example Greek city state, New England town meetings state governments, initiative (people can create laws, bypass state legislature)referendum (state legislature allows people to vote on issue), recall(to remove someone from office by people at state level)

7

Representative/indirect democracy

On the federal level
-elect represent testifies who on behalf vote on laws
-representatives make up congress
-bicameral legislature: 2 houses
-house of reps: 435 total
-senate: 2 per state, 100 total

8

The constitution and liberty

Influenced by the enlightened philosophers
-indifferent judges
-popular sovereignty: power of the people
-protection of life of liberty, property
-men were ambitious, greedy, and corrupt
-unalienable rights
-legitimacy of monarchy: no divine right theory)

9

Road to revolution

Colonists wanted to break away from England
-French and Indian war vs colonists and British
-British gov got increased debt so they raised the taxes on American colonists
-they wanted no taxation without representation
-declaration of independence: July 4,1776 was declared

10

The 1st government

Confederacy
-articles of confederation
-states rights, not strong fed gov, independent states with weak and loosely tied central government

11

Weaknesses of the articles of confederation

Central government was too weak
-couldn't tax, couldn't regulate commerce
-needed unanimous vote to amend
-army dependent on state militias
-state sovereignty: led to inflation and open hostilities, different forms of currency and all were printing money

12

Shays rebellion

-ex revolutionaries wanted to stop courts from foreclosing their homes
-highlighted extent of problems by the articles of the confederation
-they had no way to control the rebellion

13

To constitutional convention

-New Jersey plan, favors smaller states, 2 representatives overstate (equal)
-Virginia plan, population equals the representatives
-great compromise, equal representation in senate, population representatives in house

14

3/5 compromise

3/5 of slaves are counted for representation
-for purposes of taxation in north
-for number if population for reps in south

15

Plural vs singular executive

Plural: 3-5 president, decisions take too long
Singular: 1 president

16

Outline of constitution

Preamble: the purpose of
Article 1: legislative branches
2: executive
3: judicial
4: relations among states
5: amending the constitution
6: debts, national law, oaths
7: ratifying

17

The constitutions key principles

Popular sovereignty, limited government, separation of powers, checks and balances, federalism, judicial review

18

Debate over ratification of the constitution

Federalists: northerners, liked power of national gov,said central gov has too much power
Antifederalists: mostly southern farmers, want a bill of rights and religious freedom

19

Ratifying an amendment

Either house proposes the amendment, 2/3 vote required of each house of congress, then passed for a 3/4 vote of states
OR a national convention called by congress at request of 2/3 of state legislature then ratify by 3/4 of state convention delegates

20

Bill of rights

1st 10 amendments of the constitution
Needed as a compromise to ratify
Protects individual liberties

21

Constitutional reforms

-Separation of powers: before there was gridlock and it was vulnerable to special interests because lobbyists could pass to favor their interests, because it takes a long time to make decisions
-the president should be more powerful and hold accountable to voters, no electoral college
-gov should be more proactive
OR
-too democratic: gov does too much and gives too much to special interests, cut back on government activism

22

Federalist paper no 10

Madison's response
-fear of antifederalists: violence or discord between different political parties/factions
-response: resolve by having strict gov to think the same way (problem communistic), destroys liberty(not a solution), OR control the effects by a large republic/representative government with 3 branches and a system of checks and balances, use of representatives to discuss and debate

23

Federalist paper no 51

Fear: the central government will be too strong, specifically executive
Response: separation of powers/checks and balances

24

Federalism

The federal and state governments share power (federal, central, state)

25

Exclusive Powers of the national government

Expressed, implied, inherent

26

Expressed powers of gov

Those explicitly written in the constitution

27

Implied powers of gov

Derived from the elastic clause, looks at constitution and allows for greater power than what is directly written in the constitution and is vaguely given

28

Inherent powers of fed gov

Aren't written or implied in constitution (ie immigration, nothing states on it but the scope and magnitude of it allows the def gov to control it)

29

Powers denied to the national gov

Explicitly denied: bill of rights
Not mentioned: not expressed, implied, inherent (ie creating public schools), becomes reserved powers of states

30

The states reserved powers

-powers not given to the federal gov
-only one actually expressed in the constitution: power to regulate the manufacture,sale, and consumption of alcohol

31

Exclusive powers

Only national government

32

Concurrent powers

Exercised by the national and state government, but run separately from one another
(Ie taxes, if you pay the state not the federal gov you're in trouble with fed gov, not state and vice versa)

33

Supreme law of the land

Supremacy clause: supreme law of US constitution itself
-us constitution--act of congress--state constitution--state statutes--city/county/charters/ordinances

34

What the constitution says about federalism

-requires that gov guarantees certain things to states
-republican form of government
-protect against invasion (internal disorder)
-recognize legal existence of states and their physical boundaries
-national government to do certain things for the states

35

Types of federalism

-Dual/layered cake
-cooperative/marbled cake
-regulated federalism
-new federalism

36

Dual federalism/layered cake

Federal government/state government completely separate

37

Cooperative federalism/ marbled

-state/fed gov intertwine, fed helps state
-ie grants and aid or revenue sharing

38

Regulated federalism

Central government has a little more power
-ie federal money for states with strings attached
-mandates: states must comply, funded/unfounded

39

New federalism

Devolution: return fed gov power back to states
-ie welfare reform act--run by gov but states determine how to create their own welfare system
-block grants: allows for greater leeway in what to use funds vs categorical grant: very specific grant

40

Interstate relations

How states deal with one another
-full faith and credit clause: ie marriage, when you get married in ones Tate it is recognized in all
-extradition: return a fugitive from one state to the state where they committed the crime
-privileges and immunities: no state can make a distinction between citizens of their own state vs other states

41

Making a constitution argument

Madison proposed it by arguing that the fed gov needed its own power of taxation, and collections of revenue while it's overall powers would remain few and defined and be used sparingly

42

The governments financial questions

-either spend or borrow less, or tax more, or both
BUT: spend or borrow less for what? Raise taxes on whom, when, how, and by how much?
-the questions are really political, not financial

43

bicameral legislature

a law making body made up of 2 chambers/parts

44

Politics existence

Exist because people differ about two things: who should govern(the personalities and beliefs will affect what they do to and for us) and the ends toward which they should work(tells how gov affects our lives, what difference it makes who governs)

45

block grant

a grant devoted for some general purpose w/ fewer restrictions on its use

46

cooperative federalism

where national, state, and local govs interact cooperatively to solve common problems

47

centralization

-1 body makes all the important decisions for the nation of state and handles all responsibilities
- best for smaller nations that don't have much land to control, therefore must keep things tight and concentrated

48

concurrent powers

powers shared by both the national and state gov
-ex. power to levy taxes and borrow money

49

categorical grant

fed grants got specific purposes (building an airport)
-bad b/c their purposes were often so narrow that it was impossible for a state to adapt fed grants to its local needs

50

confederation

A system in which states are sovereign and the nat gov is allowed to do only that which the states permit

51

commerce clause

describes an enumerated powers listed
-states that the US Congress shall have the power to "regulate commerce w/ foregut nations, and among the several states, and with Indian Tribes

52

checks and balances

under this system, no one branch of gov can make laws w/o the approval of the other

53

decentralization

gov that spreads responsibilities out to different bodies such as provinces or gov agencies
-best for countries that reign over a lot of territory and can't effectively control it w/ just one body

54

devolution

the transfer (delegation) of power to a lower level, especially by central gov to local or regional administration
-used with federal grants: resulted in more government rules and regulations because with states given more power, they enacted more rules but also prompted washington to issue new rules and regulations on environmental protection

55

direct democracy

a gov in which all or most citizens participate directly

56

enumerated powers

powers given to the national gov alone

57

Federalism

gov authority shared by national and local govs

58

Federalist papers

collection of 85 articles written by Alex Hamilton, John Jay, and James Madison promoting the ratification of the Constitution
-most famous: No. 10, No. 51 written by Madison

59

formal amendment

an addition or alteration made to a constitution, statute, or legislature bill or resolution
-process: each house can propose amendment, approve w/ 2/3 vote, sent to states for 3/4 vote

60

fiscal federalism

understanding which functions and instruments are best placed in the sphere of decentralized levels of gov

61

indirect democracy

a gov in which leaders make decisions by winning a competitive struggle for the popular vote

62

Inherent Powers

powers held by a president that implied powers (not in const.)
-ex. power to control borders, give/refuse diplomatic recognition to other countries, acquire new territory

63

informal amendment

process by which over time many changes have been made in the const which haven't involved any changes in its written words
Ex. Supreme Ct. decision Marbury v Madison

64

judicial review

power of courts to declare laws unconstitutional

65

Mandates

terms set by national gov that states must meet whether or not they accept federal grants

66

popular sovereignty

the concept that ultimate political authority is created and sustained by the consent of its ppl (through their elected reps who are the source of all political power

67

reserved powers

powers given to the state gov alone

68

separation of powers

constitutional authority shared by 3 different branches of gov

69

Supermajority

requirement for a proposal to gain more than 50% simple majority
-ex. 3/5, 2/3

70

Shay's Rebellion

1787 rebellion where ex-revolutionary war soldiers attempted to prevent foreclosures of farmers as a result of increasing interest rates and taxes

71

theories of demo gov

traditional: gov depends on consent of governed
pluralist: politics is mainly a completion among groups, each one pressing for its preferred policies
elite: societies divide along class lines and an elite class will rule, regardless of formal gov organization
bureaucratic: bureaucrats hold real power over public policy

72

unicameral legislature

legislature w/ one legislative body
-ex. Nebraska is the only stats in union w/ this

74

look at constitution deck for each bill of right

select edit to get to quickly

75

democracy/framers goals in

regimes that come as close to aristotles definition "rule of many".
-direct: all or most citizens participate in
-representative: leaders make decisions by winning a competitive struggle for the popular vote
-hoped to create a moderate regime that would safeguard people and leave them alone

76

thomas hobbes w john locke and democracy

-TH: thought democracy was impossible because of the self interest of people required an all powerful government
-JL: believed that the people, although self interested, can get along with one another if they consent to the government and it is ruled by the majority

77

constitutional convention

-convention personnel were all white men, not chosen by popular election
-met at Philadelphia in 1787 convention to remedy the AOC but wrote the constitution
-must be ratified, not by state legislature, but by popular conventions in at least 9 states
-the problem was that the confederacies were too weak and tended to collapse from internal dissension, while all stronger forms were so powerful as to trample the liberties of citizens

78

purpose of the constitution relating to british

-sought liberty
-right to bring their legal cases before truly independent judges rather than subordinate of the king, free of british troops quartered, engage in trade without restrictions, pay no taxes voted by british parliament without any direct representation

79

natural rights

-rights ordained by god, discoverable in nature and history, an essential to human progress.
-included life, liberty, and property
-ie unalienable rights: right not based on whims or preferences of people

80

the real revolution

-"radical change in the principles, opinions, sentiments, and affections of the people"
-thought that the legislative branch, where people were directly represented, should be superior to the executive branch--a radical idea

81

key men at the constitutional convention

george washington, james madison, benjamin franklin, alexander hamilton

82

the constitution and slavery

failure of it to address the question of slavery was a great betrayal of the promise of the declaration of independence that "all men are created equal"
-if the constitution made an effort to end slavery, that would mean an end to the constitution, the southern states would have never signed it
-led to the civil war

83

what branch has the greatest power

congress

84

why the civil war was fought

-over the issue of national supremacy vs states rights, but it settled on one main point: the national government is supreme, its sovereignty derived directly from the people, and thus the states could no lawfully secede from the union

85

the supreme courts debate on federalism

-question whether congress could set up a bank/corporation (elastic clause)
-question whether bank could be taxed by a state (states may not tax any federal instrument)
-the supreme court can decide a case without settling the issue through nullification

86

dual federalsim

the national government is supreme in its sphere, the states are supreme in theirs, and the two spheres should be kept separate
-ie interstate--congress vs intrastate trade--states

87

state power

-the state can do anything that is not prohibited by the const., and that is consistent with its own constitution
-can take initiative to place legislative measures directly on the ballot by getting enough signatures
-referendum: enables voters to reject a measure adopted by the legislature
-recall: voters can remove an elected official from office
-cities, towns, and counties exist at the pleasure of the states

88

grants in aid

-federal money put into the states hands
-when washington wants to send money to one state, it must send money to most states
-skews funding toward states and cities with low populations (because if small states receive = $ as a large state, they receive more $ per capita)

89

Gonzales v raich

-California believes that the compassionate use act allows people to use medicinal marijuana
-The fed gov does not allow for any legalization of marijuana--the controlled substance act
-Californians argued that if it's grown in California and distributed in California, the fed gov has no authority over it (intrastate commerce)
-fed gov was looking at drug industry as a whole, unable to determine where the drug came from
-fed gov won, no matter what states say it is against federal law

90

McCulloch v. Maryland .ma

McCulloch was the appointed manager of the Federal Bank located in Baltimore, Maryland. McCulloch refused to pay the state tax imposed by Maryland; he believed that federal banks were not subject to state taxation.
decision: U.S. Supreme Ct in McCulloch ruled in favor of the defendant cuz the Necessary and Proper Clause of the U.S. Constitution stated that the Fed. Gov. was permitted to operate banks within individual states without paying taxes .
Y.
I lk.

91

Gibbons v. Ogden

Ogden had a monopoly to operate steamboats in a certain area in New York and New Jersey. Gibbons operated steamboats there as well, so Ogden sought injunctive relief against Gibbons
Decision: the constitutions commerce clause gives the nat. gov exclusive power to regulate interstate commerce (Gibb won, clause prohibits states from charging other states for using their waterways)

92

Maurbury v Madison

William Marbury had been appointed a justice of the peace for the District of Columbia in the final hours of the Adams administration. When James Madison, Thomas Jefferson’s secretary of state, refused to deliver Marbury’s commission, Marbury, joined by three other similarly situated appointees, petitioned for a writ of mandamus compelling delivery of the commissions.
decision: power of supreme ct case upheld judicial review of congressional acts (Madison won, Sup Ct. Denied Maur.'s petition, the statue this the based his claim was unconstitutional)