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unit 1 Flashcards

1
Q

A government is composed of the formal and informal institutions, people, and used to create and conduct public policy.
Public policy is the exercise doing those things necessary to maintain legitimate authority and control over society.

A

Definition of govt

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2
Q

lack of govt

A

anarchy

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3
Q

govt ruled by one person

A

autocracy

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4
Q

ruler gains power through inheritance; there are no restrictions on the ruler’s power

A

absolute monarchy autocracy

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5
Q

ruler gains power through inheritance; formal restrictions limit power, often restricting the
monarch to ceremonial status

A

constitutional monarchy autocracy

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6
Q

ruler seizes power, keeps power by force and restricts opposition to regime; no restrictions on
dictator’s power

A

dictatorship autocracy

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7
Q

rule by a few

A

oligarchy

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8
Q

rule by the elite, usually determined by social status or wealth

A

aristocracy autocracy

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9
Q

rule by religious leaders

A

theocracy autocracy

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10
Q

rule by the people

A

democracy

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11
Q

citizens meet and make decisions about public policy issues

A

direct democracy

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12
Q

citizens choose officials (representatives) who make decisions about public
policy

A

representative democracy

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13
Q

Government depends on the consent of the governed, which may be
given directly or through representatives; may include criteria for the measure of “how democratic.”

A

traditional democratic theory

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14
Q

Interest groups compete in the political arena, with each promoting its policy preferences through
organized efforts. Conflict among groups may result, requiring bargaining and compromise.

A

pluralist theory

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15
Q

A small number of powerful elite (corporate leaders, top military officers, government leaders) form an
upper class, which rules in its own self-interest (C. Wright Mills).

A

elite theory

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16
Q

The hierarchical structure and standardized procedures of modern governments allow
bureaucrats, who carry out the day-to-day workings of government, to hold the real power over public policy (Max
Weber).

A

bureaucratic theory

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17
Q

Democracy is a system of many groups having so much strength that government is often “pulled” in
numerous directions at the same time, causing gridlock and ineffectiveness.

A

hyperpluralism

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18
Q

The Articles of Confederation (1781-1789) became the first national constitution for governing the American states. The Articles created a confederation or “league of friendship” among the states. The Confederation would be composed of a
relatively weak national government with a unicameral legislature. Congress would have limited powers such as borrowing money, creating a national army and navy, declaring war, creating post offices, and signing treaties with foreign governments. Congress was not given the power to tax, draft soldiers for military service, or regulate commerce. There was no national executive or judicial branch under the Articles of Confederation. Each state was equal, with one vote, regardless of population or size. The votes of nine of the 13 states were required for legislation to pass the Confederation Congress; amending the Articles of Confederation required a unanimous vote.

A
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19
Q

weaknesses of the articles of confederation

A

The weaknesses evident in the Articles of Confederation allowed the states to focus on their own powers. With no central government to control them, the states taxed each other, printed their own money, made treaties with foreign governments, and often refused to uphold the laws of the Confederation government. The government under the Articles of Confederation, however, could not deal with the nation’s problems. Economic chaos and violence broke out, resulting in conferences at Mt. Vernon and Annapolis. These meetings proved to be unsuccessful, and eventually a rebellion of farmers in Massachusetts (Shays Rebellion) led to the calling of a Constitutional Convention.

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20
Q

convened in Philadelphia in May of 1787, for the purpose of revising the Articles of
Confederation.

A

constitutional convention

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21
Q

virginia plan

A

Bicameral legislature
♦ lower house elected by the people
♦ upper house chosen by lower house from nominees
submitted by state legislatures
- Representation in each house based on population and/or monetary contributions to the national government by the state
- Single executive chosen by legislative branch, limited to one term only, could veto legislative acts, removal by Congress
- judges chosen by legislative branch

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22
Q

new jersey plan

A

Unicameral legislature
♦ representatives chosen by state legislatures
♦ each state receives one vote
-Representation in house would be equal among the states
-Plural executive chosen by legislative branch, no veto
powers, removal by the states
-Judges appointed for life by the executive

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23
Q

weaknesses of the articles of confederation

A

♦ Articles created a “league of friendship” between the states
♦ Congress could not tax; it could only request contributions
from the states
♦ Congress could not regulate interstate trade or foreign
commerce.
♦ No separate executive to enforce the acts of Congress
♦ No national judiciary to handle state disputes
♦ States and the national government had the authority to coin
money
♦ Each state had one vote, regardless of size or population
♦ Nine of 13 states required to pass legislation
♦ Unanimous consent required to amend the Articles of
Confederation

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24
Q

how the constitutional convention fixed the weaknesses of the articles of confederation

A

♦ Constitution created a federal system of government between
the national and state levels
♦ National government was given the power to tax
♦ Congress was given the power to regulate commerce
between the states and with foreign nations
♦ Article II created a separate executive department whose job
is to enforce the laws of Congress
♦ Article III created a national judiciary with a Supreme Court
and lower courts as established by Congress
♦ Only the national government has the authority to coin
money
♦ States are represented based on population in the House of
Representatives and equality in the Senate
♦ Bills need a simple majority in both houses of Congress
♦ Two-thirds of Congress and three-fourths of the states are
necessary to amend the Constitution

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25
Q

Compromise. This compromise settled the disputes between the states over the structure of the legislative branch. Congress would be a bicameral legislature, with representation in the lower house based on the population of the state and equal representation of the states in the upper house.

A

conneticuit (great) convention

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26
Q

issue: each state would count three-fifths of its slave population for purposes of determining both representation and
taxation.

A

3/5ths compromise

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27
Q

resolved other differences between southern and northern states. Congress was prohibited from taxing exports from the states and from banning the slave trade for a period of 20 years.
♦ Numerous other compromises were made at the Constitutional Convention concerning the executive and judicial branches as well as the electoral process for choosing a chief executive.

A

commerce and slave trade compromise

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28
Q

Although the delegates at the convention signed the Constitution on September 17, 1787, it still had to be ratified by nine of
the 13 states before it could go into effect. In each state, special ratifying conventions would be held over the next two
years. Debate over ratification divided citizens into Federalist and Anti-Federalist positions.

A
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29
Q

federalists

A

♦ Favored Constitution
♦ Led by Madison, Hamilton, and Jay
♦ Stressed weaknesses of Articles; strong government
needed to protect nation and solve domestic problems
♦ Checks and balances would protect against abuses
♦ Protection of property rights
♦ Constitution is a bill of rights with limitations and
reserved powers for the states; state constitutions
already had protections in bills of rights

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30
Q

anti federalists

A

♦ Favored Constitution
♦ Led by Madison, Hamilton, and Jay
♦ Stressed weaknesses of Articles; strong government
needed to protect nation and solve domestic problems
♦ Checks and balances would protect against abuses
♦ Protection of property rights
♦ Constitution is a bill of rights with limitations and
reserved powers for the states; state constitutions
already had protections in bills of rights

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31
Q

anti federalists

A

Opposed Constitution
♦ Led by Henry, Mason, Samuel Adams
♦ Wanted strong state governments; feared a strong
national government
♦ Created a strong executive similar to monarchy
♦ Wanted fewer limits on popular participation
♦ Wanted a bill of rights to protect citizens against
government

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32
Q

belief that government is not all-powerful; government has only those powers given to it

A

limited govt

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33
Q

the people are the source of government’s authority

A

popular sovereignty

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34
Q

power is separated among three branches of government; each has its own powers and
duties and is independent of and equal to the other branches

A

separation of power

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35
Q

each branch is subject to restraints by the other two branches

A

checks and balances

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36
Q

a division of governmental powers between the national government and the states

A

federalism

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37
Q

May override president’s veto by two-thirds vote of
both houses
♦ May impeach and remove president from office
♦ Senate may refuse to confirm presidential
appointments or ratify treaties
♦ Creates executive agencies and programs
♦ Appropriates funds

A

legislative powers over executive

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38
Q

♦ Creates lower federal courts
♦ Sets salaries of federal judges
♦ May refuse to confirm judicial appointments
♦ May propose constitutional amendments which
overrule court decisions
♦ May impeach and remove federal judges

A

legislative power over judicial

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39
Q

President may veto acts of Congress
♦ President may call special sessions of Congress
♦ President may recommend legislation

A

executive power over legislative

40
Q

President appoints all federal judges (including U.S.
Supreme Court justices)
♦ President may grant reprieves and pardons to federal
offenders
♦ May refuse to enforce court decisions

A

executive power over judicial

41
Q

Judges are serve a life term (to be free from legislative
influence)
♦ May rule legislative acts unconstitutional
♦ Chief Justice presides over impeachment of president

A

judicial power over legislative

42
Q

♦ Judges are serve a life term (to be free from executive
influence)
♦ May rule executive actions unconstitutional

A

judicial power over executive

43
Q

what is required to ammend the constitution?

A

requires proposal, a national function, and ratification, a state function.

44
Q

proposed by two-thirds vote of each house of Congress and ratified by three-quarters of the state legislatures
(used 26 times)

♦ proposed by two-thirds vote of each house of Congress and ratified by special conventions in at least three-
quarters of the states (used once, to ratify the Twenty-first Amendment)

♦ proposed by a national convention called by Congress at the request of two-thirds of the state legislatures and
ratified by three-quarters of the state legislatures (never used)
♦ proposed by a national convention called by Congress at the request of two-thirds of the state legislatures and
ratified by special conventions in at least three-quarters of the states (never used)

A

ammendment process

45
Q

Formal amendments are written changes to the Constitution. They add to, change the wording of, or delete language from the Constitution. Only 27 formal amendments have been added to the Constitution since its adoption. The first ten amendments, the Bill of Rights, were added in 1791.

A
46
Q

Although the United States Constitution has been formally changed only 27 times, there have been many changes in
the way in which the American government operates. Most of those changes have come about through the informal
amendment process and do not involve actually changing the wording of the Constitution.

A

informal ammendment process

47
Q

legislative work to informally ammend

A

Congress has passed various acts that have altered or made clear the meaning of the
Constitution. For example, under Article III Congress is given the authority to create lower courts, which they did
through the Judiciary Act of 1789.

48
Q

executive work to informally ammend

A

The manner in which presidents use their powers can create informal amendments and expand
presidential authority. The use of executive agreements rather than treaties allows the president to bypass the Senate.

49
Q

judicial work to informally ammend

A

The people who serve as judges and the times in which they serve affect
how courts interpret laws. The concept of judicial review resulted from Marbury v. Madison (1803); it is not mentioned
in the Constitution.

50
Q

custom and usage: Traditions that have been incorporated into the political system and which have lasted over time
have changed the meaning of the Constitution. Senatorial courtesy in the Senate and the “no-third-term” tradition in the
Presidency (until the Twenty-second Amendment made it part of the Constitution) are examples.

A
51
Q

expressed, or enumerated powers, those specifically given to the national gov’t (Articles I-V)

A

delegated govt

52
Q

although not expressed, powers that may be reasonably inferred from the Constitution (Article I,
Section 8, Clause 18 - the Necessary and Proper or Elastic Clause)

A

implied powers

53
Q

powers that exist for the national government because the government is sovereign

A

inherent powers

54
Q

powers that belong to both the national and state governments

A

concurrent powers

55
Q

powers belonging specifically to the state because they were neither delegated to the national
government nor denied to the states (Article IV; Amendment 10)

A

reserved powers

56
Q

National Powers
(Expressed, Implied,
Inherent)

A

♦ Regulate interstate commerce
♦ Coin and print money
♦ Declare war
♦ Establish federal courts below the
Supreme Court
♦ Conduct foreign relations
♦ Make all laws “necessary and proper”
♦ Acquire and govern U.S. territories
and admit new states
♦ Regulate immigration and
naturalization

57
Q

National and State Powers
(Concurrent)

A

Levy taxes
♦ Borrow money
♦ Spend for general welfare
♦ Establish courts
♦ Enact and enforce laws
♦ Charter banks

58
Q

state (reserved) powers

A

♦ Regulate intrastate commerce
♦ Establish local governments
♦ Establish public school systems
♦ Administer elections
♦ Protect the public’s health, welfare
and morals
♦ Regulate corporations
♦ Establish licensing requirements
for certain regulated professions

59
Q

powers that are denied to the national government, state governments, or both (Article I, Sections 9
and 10; Amendments); For example, neither the national government nor state governments may pass an ex post facto law
or a bill of attainder.

A

prohibited powers

60
Q

States are required to recognize the laws and legal documents of other states, such as
birth certificates, marriage licenses, drivers’ licenses, wills.

A

full faith and credit clause

61
Q

privileges and immunities clause

A

States are prohibited from unreasonably discriminating against residents of other
states. Nonresidents may travel through other states; buy, sell, and hold property; and enter into contracts (does not extend to political rights such as the right to vote or run for political office, or to the right to practice certain regulated professions such as teaching).

62
Q

extradition

A

States may return fugitives to a state from which they have fled to avoid criminal prosecution at the
request of the governor of the state.

63
Q

interstate compacts

A

States may make agreements, sometimes requiring congressional approval, to work together to
solve regional problems. Some examples are “hot-pursuit agreements,” parole and probation agreements, the Port Authority of New York and New Jersey, and regulating the common use of shared natural resources.

64
Q

article IV

A

♦ republican form of government
♦ protections against foreign invasion
♦ protections against domestic violence
♦ respect for the geographic integrity of states

65
Q

advantages to federalism

A

Ideally suited to large geographic area because it
encourages diversity in local government
♦ Avoids concentration of political power
♦ Accommodated already existing state governments
♦ States serve as training grounds for national leaders
♦ Keeps government close to the people

66
Q

disadvantages of federalism

A

♦ Inflexibility inherent in a written constitution
♦ Complex, with many governments to deal with
♦ Duplication of offices and functions
♦ Conflicts of authority may arise

67
Q

contained in article IV, which helps to resolve conflicts between national and state laws. Because two levels of government are operating within the same territory and over the same people, conflicts are bound to arise.
- states that the Constitution, its laws and treaties shall be the “supreme law of the land.” The Supreme Court upheld this supremacy in McCulloch v. Maryland (1819). The Supreme Court
continued to expand the powers of Congress over interstate commerce in Gibbons v. Ogden (1824).

A

the Supremacy Clause

68
Q

The Supreme Court dealt with the issues of the necessary and proper clause and the supremacy clause when Maryland imposed a tax on the Baltimore branch of the Second National Bank of the United States. Chief cashier James McCulloch refused to pay the tax, Maryland state courts ruled in the state’s favor, and the United States government appealed to the Supreme Court. The Marshall court ruled that although no provision of the Constitution grants the national government the expressed power to create a national bank, the authority to do so can be implied by the necessary and proper clause (Article I, Section 8, Clause 18). This ruling established the implied powers of the national government and national supremacy, the basis used to strengthen the power of the national government.

A

1989 mccollough vs maryland

69
Q

At issue was the definition of commerce and whether the national government had exclusive power to regulate interstate
commerce. The New York legislature gave Robert Livingston and Robert Fulton exclusive rights to operate steamboats in
New York waters and Aaron Ogden the right to operate a ferry between New York and New Jersey. Thomas Gibbons had
received a national government license to operate boats in interstate waters. Ogden sued Gibbons and won in the New York
courts; Gibbons appealed to the Supreme Court. The Marshall court defined commerce as including all business dealings,

A

1824 gibbons vs ogden

70
Q

dual federalism

A

The earliest (1789-1932) interpretation of federalism is the concept of dual federalism, which views the national and state governments each remaining supreme within their own sphere of influence. This form of federalism is often referred to as
“layer cake federalism,” because each level of government is seen as separate from the other, with the national government having authority over national matters and state governments having authority over state matters. The early beliefs that
states had the sole responsibility for educating their citizens and the national government had the sole responsibility for foreign policy issues are examples of dual federalism.

71
Q

cooperative federalism

A

In the 1930s the interpretation of federalism shifted to that of the national and state governments sharing policymaking and cooperating in solving problems. Cooperative federalism or “marble cake federalism” as it came to be known, grew from the policies of the New Deal era and the need for the national government to increase government spending and public assistance programs during the Great Depression. The cooperation of the national and state governments to build the national interstate highway system is an example of cooperative federalism. The expansion of cooperative federalism during (President Lyndon B. Johnson’s) Great Society required even greater cooperation from the states in return for federal grants.

72
Q

new federalism

A

During the administrations of Richard Nixon, Ronald Reagan, and George H. W. Bush the national government attempted to implement a reversal of cooperative federalism and place more responsibility on the states about how grant money would be
spent. The term devolution-a transfer of power to political subunits-has been used to describe the goals of new federalism. An example of new federalism is welfare reform legislation, which has returned more authority over welfare programs to the
states.

73
Q

fiscal federalism

A

The national government’s patterns of spending, taxation, and providing grants to influence state and local governments is known today as fiscal federalism. The national government uses fiscal policy to influence the states through granting or
withholding money to pay for programs.

74
Q

grant in aid programs (fiscal federalism)

A

money and resources provided by the federal government to the state and local
governments to be used for specific projects or programs. The earliest grants often covered public works projects such as building canals, roads, and railroads, and land grants for state colleges.

75
Q

categoral grants (fiscal federalism)

A

grants that have a specific purpose defined by law, such as sewage treatment facilities or school
lunch programs; may even require “matching funds” from the state or local governments; categorical grants may be in the form of project grants (awarded on the basis of a competitive application, such as university research grants) or formula grants (awarded on the basis of an established formula, such as Medicaid).

76
Q

block grants (fiscal federalism)

A

general grants that can be used for a variety of purposes within a broad category, such as education,
health care, or public services; fewer strings attached so state and local governments have greater freedom in how the money is spent; preferred by states over categorical grants.

77
Q

revenue sharing (fiscal federalism)

A

proposed under the Johnson administration and popular under the Nixon administration, a “no
strings attached” form of aid to state and local governments; could be used for virtually any project but never exceeded more than two percent of revenues; eliminated during the Reagan administration.

78
Q

mandates (fiscal federalism)

A

requirements that are imposed by the national government on the state and local governments; for
example, the Americans with Disabilities Act (1990) mandates that all public buildings be accessible to persons with disabilities. Mandates often require state or local governments to meet the requirement at their own expense (unfunded mandates). After the mid-term elections of 1994, the Republican-controlled Congress passed the Unfunded Mandate
Reform Act, which imposed limitations on Congress’s ability to pass unfunded mandate legislation.

79
Q

A government that enforces recognized limits on those who govern and allows the
voice of the people to be heard through free, fair, and relatively frequent elections.

A

constitutional democracy

80
Q

The set of arrangements, including checks and balances, federalism, separation of powers, rule
of law, due process, and a bill of rights, that requires our leaders to listen, think, bargain, and explain before they act or make laws. We then hold them politically and legally accountable for how they exercise their
powers.

A

constitutionalism

81
Q

The idea that the rights of the nation are supreme over the rights of the individuals who make up the
nation.

A

statism

82
Q

The idea that a just government must derive its powers from the consent of the people it
governs

A

popular consent

83
Q

Governance according to the expressed preferences of the majority

A

majority rule

84
Q

The candidate or party that wins more than half the votes cast in an election.

A

majority

85
Q

A convention held in September 1786 to consider problems of trade and navigation,
attended by five states and important because it issued the call to Congress and the states for what became the Constitutional Convention.

A

annapolis convention

86
Q

Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting
mortgage foreclosures. It highlighted the need for a strong national government just as the call for the
Constitutional Convention went out.

A

shay’s rebellion

87
Q

The principle of a two-house legislature.

A

bicameralism

88
Q

God’s or nature’s law that defines right from wrong and is higher than human law

A

natural law

89
Q

Stresses federalism as a system of intergovernmental relations in
delivering governmental goods and services to the people and calls for cooperation among various levels of government.

A

cooperative/marble cake federalism

90
Q

Constitutional arrangement in which sovereign nations or states, by compact, create a central
government but carefully limit its power and do not give it direct authority over individuals.

A

confederation

91
Q

necessary and proper clause

A

Clause of the Constitution (Article 1, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government.

92
Q

– The clause in the Constitution (Article 1, Section 8, Clause 1) that gives Congress the power to
regulate all business activities that cross state lines or affect more than one state or other nations.

A

commerce clause

93
Q

A requirement the federal government imposes as a condition for receiving federal funds.

A

federal mandate

94
Q

Legal process whereby an alleged criminal offender is surrendered by the officials of one states to
officials of the state in which the crime is alleged to have been committed.

A

extradition

95
Q

An agreement among two or more states. Congress must approve most such agreements.

A

interstate compact

96
Q

The right of a federal law or a regulation to preclude enforcement of a state or local law or
regulation.

A

preemption

govt! (4 decks)

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