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Unit 1 Flashcards

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1
Q

What is federalism?

A

A system of government that divides the power between the national and state governments

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2
Q

What did the Constitution establish?

A

Federalism

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3
Q

What are the three types of democracy?

A

Participatory, pluralist, and elite democracy

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4
Q

What is a participatory democracy?

A

Depends on direct participation of most of the society in both government and public life.
- People vote directly on laws and other matters instead of voting for people who represent them (bottom up rather than top down approach)

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5
Q

What is a pluralist democracy?

A

Nongovernmental groups organize to try and expert influence on political decision-making.
- Interest groups interact with government officials, raise and spend in elections, try to stop or share certain bills

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6
Q

What do pluralist idealists believe?

A

Believe that the viewpoints in the US are so scattered that no single view can control and shape government policy

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7
Q

What is an elite democracy?

A

Elected Representatives make decisions and act as trustees for those that elected them.

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8
Q

The Declaration of Independence ______ the break from Britain morally and legally.

A

justifies

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9
Q

Define the Articles of Confederation (AoC)

A

A series of statements that defined the initial national government and redefined the former colonies as states. Used to legislate during the Revolutionary war

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10
Q

What were the weaknesses of the AoC? (5)

A
  • At least 9 states had to agree to enact national law
  • All states must agree to amend the system
  • national gov. couldn’t raise taxes or maintain an army
  • No national currency
  • Congress couldn’t rly regulate commerce
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11
Q

What was the result of Shay’s rebellion?

A

Caused the government to understand that the government process needed to be revised

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12
Q

What did the Virginia plan do

A

Created a 3-branch system of government

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13
Q

What constitutional idea did the Virginia plan offer

A

Offered the idea of separation of powers

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14
Q

What was the New Jersey plan

A

Counter proposal to Virginia plan; states would retain sovereignty and proposed that the national legislature would only have limited and defined powers.

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15
Q

What was a key difference between the Virginia and New Jersey plan?

A

Whether representation would be appointed and whether the new government would be “federal” (a collection of sovereign states gathered to govern) or “national” (unified authority with absolute sovereignty over entire nation and states)

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16
Q

T or F: Representation has always been the biggest issue and debate

A

True

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17
Q

What was the Great Compromise

A

Created a 2-house Congress and a House of Reps and Senate. Satisfied the needs of the state: House of Reps gives seats based on population, while Senate had 2 reps for each state, regardless of population.

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18
Q

What was the 3/5 Compromise

A

Said that Congress would be unable to stop International Slave Trade for 20 years after ratification of the constitution

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19
Q

What does Article 1 of the Constitution say/do?

A
  1. Defines basic setup of Congress (ppl elect members every 2 years)
  2. Defined Congress’s enumerated powers
  3. Commerce clause
  4. Elastic clause
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20
Q

What were the enumerated powers

A

The powers explicitly given to Congress in the Constitution.
- To tax
- borrow money
- raise an army
- address privacy on seas
- define the immigration and naturalization process.

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21
Q

What was the commerce clause

A

Empowers Congress to regulate some state and national commerce

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22
Q

What is the elastic clause

A

Gives Congress the power of doing things to enforce their governing powers

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23
Q

What can Congress NOT do (according to Art 1 of the Constitution)

A

Cannot tax exported goods, take away habeas corpus rights, pass legislature declining someone guilty of a crime, grant titles of nobility.

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24
Q

What does Art 2 of the Constitution say?

A

Laid out the requirements for presidency and role: oversee and manage the US military, receive ambassadors, send US ambassador abroad.

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25
What does Art 3 of the Constitution say?
1. Created federal courts, which have jurisdiction over cases involving federal law, disputes between states, and concerns involving government officials 2. Create the Supreme Court
26
What does Art 4 of the Constitution say?
1. Defines relations among the states 2. Full faith and credit clause 3. Citizens of state are entitled to all privileges and immunities they would have in their home state (ex: driver's license) 4. Each state will have a Republican form of government
27
What is the Full Faith and credit clause?
Requires states to be open about their laws and encourages respect for each other's laws
28
What does Art 5 of the Constitution say?
1. Defines amendment process
29
How can Amendment's be proposed?
2/3 vote in each house of Congress, or state legislatures can vote to have a national convention and propose an amendment
30
What does Art 6 of the Constitution say?
1. Supremacy clause
31
What is the Supremacy Clause?
Makes it so that all states must adhere to the Constitution and the fed gov
32
What were the goals of the Federalist Papers?
Wanted to stop fears about the national government abusing its power, and to reassure states they would still have their rights
33
What did the Federalist Paper No. 10 talk about
Talks about how the Constitution creates not a pure, participatory democracy at the national level, but rather a representative and pluralist republic.
34
What was the Bill of Rights
A list of rights belonging to the individual that was added to the Constitution after critics of the Constitution became afraid they would lose their personal rights
35
What are the 10 parts of the Bill of Rights?
1. Freedom of religion, speech, press, assembly and protest 2. Right to bear arms 3. No quartering of troops 4. No unreasonable searches/seizures 5. Protection against self-incrimination and due process 6. Speedy, public trial by jury of peers; right to defense council 7. Lawsuits and juries 8. No cruel or unusual punishments, no excessive fines 9. Listing rights in the Constitution doesn't define others 10. Delegated and reserved powers
36
What does the legislative branch include?
Congress (House of Reps and Senate)
37
What does the executive branch include?
President, VP, administrations under the president
38
What does the Judicial branch include?
Supreme Court, inferior courts
39
What is the process of checks and balances
When the three branches of gov check and balance each other's power
40
What are the 5 basic forms of checks and balances between the branches?
1. Impeachment 2. President vetoing 3. President pocket vetoing 4. President appoints the cabinet 5. Judicial review
41
What is judicial review?
Courts can deem an act of the legislature as unconstitutional when deciding on a case
42
What is a unitary government
A government with a single governing authority in a central capital with uniform law throughout the land
43
What does the privileges and immunities clause (Bill of Rights) do?
Declares that citizens are entitled to all privileges and immunities in any states
44
What is the extradition clause?
Obligates states to deliver captured fugitive criminals back to the state where they committed the crime
45
What was the Constitutional question and decision in McCulloch v. Maryland?
Does the gov have the implied powers and supremacy under the necessary and proper clause and supremacy clause? - Yes
46
Describe the facts of the McCulloch v. Maryland case
State of Maryland questioned the legality of a congressionally created Bank in Baltimore, where McCulloch was the chief cashier. Constitution doesn't explicitly mention that Congress can create banks, so they imposed a tax to try and get the bank out of their state
47
Describe the reasoning of the McCulloch v. Maryland case
The Constitution doesn't explicitly say that Congress can create a bank, but banking is the federal government's business. The Elastic Clause also allows the federal government to stretch its powers to carry out a given purpose.
48
What was the Gibbons v. Odgen case (1824)?
A dispute between the NY and Hudson River over navigation rights. Court looked at the commerce clause to certify Congress's authority over most commercial activity
49
What is dual federalism and what caused it
Dual federalism - the national government is supreme in its sphere, and the states are equally supreme in their own sphere Caused by Gibbons v. Odgen decision.
50
What is selective inclusiveness
A doctrine asserting that only Congress may regulate when the commodity requires a national uniform rule
51
When did dual federalism halt
With the Industrial Revolution, since Congress became more and more interested in delegating business matters
52
T or F: Even though the Constitution gave Congress the direct power to legislate, its regulatory power did not reach national goals of decreasing crime, making workplace safer, and ensuring citizen equality.
FALSE: Since the Constitution gave Congress the direct power to legislate, its regulatory power DID reach national goals of decreasing crime, making workplace safer, and ensuring citizen equality.
53
How did Roosevelt's New Deal program influence the national legislature?
It allowed it to assume broad powers under the interstate commerce authority
54
Revenue sharing, cooperative federalism, and fiscal federalism are all named for ______
collecting federal tax dollars and distributing them to states to take care of stuff
55
How is federal money usually distributed to states
Through grants-in-aid programs
56
What are grants-in-aid
Giving $ to states for certain requirements, like education for ex
57
What are categorical grants
Grants with particular congressional guidelines/requirements
58
How did the 1964 Civil Rights Act affect grant giving to states
The act withheld federal $ from states that didn't fully desegregate their schools
59
What are block grants
Some states felt grants had too many requirements, so these grants give states large amounts of money to complete some large, overarching purpose w/o the strings and categorical grants
60
What were the 2 major block grants passed
1. Training Act (1973) 2. Community Development Block Grant (1974)
61
What was Reagan's New Federalism?
Wanting to limit gov intervention
62
What was the South Dakota v. Dole case and ruling?
Congress offered large sums of money to states under the condition that they increase their drinking age to 21. South Dakota challenged. - Court ruled that Congress did have the power to set conditions so that states received money for certain things. But, Congress cannot use a conditional grant to induce states to engage in unconstitutional activities
63
What do federal mandates do
Require states to comply with a federal directive without/with funds. Mandates often address civil rights, environmental concerns, and societal needs
64
What did the Clean Air Act do?
Set requirements and timetables for dealing with urban smog, acid rain, and toxic pollutants (fed mandate)
65
What did the Americans with Disabilities Act do?
made public buildings and transport available for disabled people through a federal mandate
66
What does the Republican term devolution mean
Devolving some of federal gov's assumed responsibilities
67
What did the Unfunded Mandates Act do
Denied Congress the ability to issue unfunded mandates
68
What did the Work Opportunity Reconciliation Act do
Restructured the welfare system to return much authority and distribution of welfare dollars (ex: medicaid) back to the states
69
What was the constitutional question and decision in US v. Lopez?
Does the US have the authority through the commerce clause to outlaw guns near schools - No
70
What was the reasoning of the US v. Lopez decision/
Court argued that Congress was taking the commerce clause too far. Most states have regulations on guns and where you can carry them, and that that should be recognized here
71
What was the impact of US v. Lopez?
It ushered a new phase of federalism that recognized the importance of state sovereignty and local control
72
What was the No Child Left Behind policy
States held accountable for student learning; pushed for classroom lesson with proven results; great emphasis on annual testing. Under performed schools could be reconstituted.
73
What does the National Environmental Policy Act do
Requires any federal/state gov agency to file an environmental impact statement w/ federal government every time the agency plans a policy that might harm the environment, dams, roads, or existing construction
74
Describe a superfurnd
The industry pays into the superfund as insurance so taxpayers don't have to pay the bill for waste cleanup
75
What was Republicanism (enlightenment)
The idea of the 3 branches of government
76
What did the Declaration of Independence do
Outlined the official reasons for separation between the British and American colonies
77
The Constitution was a blueprint for ________
Separation of powers and republicanism
78
What was the purpose of the Declaration of Independence (beyond stating a separation)
To rally the troops to fight and to secure foreign allies to help the US win
79
What did the Brutus document argue, and what were its main arguments?
Argued that a Confederate government is better than one under the Constitution. Arguments were: - Necessary and Proper Clause and Supremacy Clause would create a central government that could pass any law under these clauses, and state governments with shrivel up and die
80
Unlike the Articles of Confederation, the Constitution created a _____ form of government
republican

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