Unit 1 Test Flashcards
(22 cards)
Federalism
Government authority shared by national and local governments.
James Madison, Federalist 39
The constitution “is, in strictness, neither national nor a federal constitution, but a composition of both.”
How is power divided?
Between central and state or local governments. both the government and constituent governments act differently upon the citizens. both must agree to constitutional change.
What can a state do?
In general, a state can do anything that is not prohibited by the constitution or preempted by federal policy and that is consistent with its own constitution.
McCulloch v. Maryland (1819)
The Constitution’s “necessary and proper” clause permits Congress to take actions (in this case to create a national bank) when it is essential to a power that Congress has (in this case, managing the currency). McCulloch won.
Necessary and Proper Clause
Section of the Constitution allowing Congress to pass all laws “necessary and proper” to its duties, and which has permitted Congress to exercise powers not specifically given to it (enumerated) by the Constitution.
Nullification
The doctrine that a state can declare null and void a federal law that, in the state’s opinion, violates the Constitution.
Dual Federalism
Doctrine holding that the national government is supreme in its sphere, the states are supreme in theirs, and the two spheres should be kept separate.
Initiative
Process that permits voters to put legislative measures directly on the ballot
Referendum
Procedure enabling voters to reject a measure passed by the legislature
Recall
Procedure whereby voters can remove an elected official from office.
Grants-in-aid
Money given by the national government to the states.
Categorical grants
Federal grants for specific purposes, such as building an airport.
Conditions of Aid
Terms set by the national government that states must meet if they are to receive certain federal funds.
Mandates
Terms set by the national government that states must meet whether or not they accept federal grants.
Waiver
A decision by an administrative agency granting some other part permission to violate a law or rule that would otherwise apply to it.
Faction
A group with a distinct political interest.
“a number of citizens, whether amounting to a majority or minority of a whole, who are united or actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.”
How to remove causes of factions?
Destroying liberty necessary for its existence.
Give every citizen the same opinion.
Liberty is to faction as _____ is to ________.
air, fire
Why is liberty essential to political life?
It nourishes faction
Why is giving every citizen the same opinion impractible?
As long as the reason of man is fallible, and he is at liberty to exercise it, different opinions will be formed.
How to control a faction’s effects?
believed that factions could be better controlled in a large society with a representative government, compared to a small society with a popular republic.
-argued that representatives must be raised to a certain number in order to “guard against the cabals of a few” and that shouldn’t be too large so that you’re not confused by a multitude. The Constitution strikes a nice balance.
-“extend the sphere” so that you take in a greater variety of parties and interests
-no faction should be large enough to overthrow other factions
-a faction may kindle a flame within their particular states, but will be unable to spread a general conflagration through the other states
