Unit 2 exam Flashcards

1
Q

3 branches of government

A

Legislative, Executive, Judicial

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2
Q

Function of Legislative branch

A

Makes laws

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3
Q

Function of Executive branch

A

Enforces laws

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4
Q

Function of Judicial branch

A

Interprets laws

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5
Q

Form of government with strong central government & weak local governments

A

Unitary government

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6
Q

Form of government which balances authority between a central government and smaller regional governments

A

Federal government

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7
Q

What made the Articles Government unable to react to Shays’ Rebellion

A

No Executive & Virtually No Judiciary

No strong central authority to enforce laws/respond to crises like rebellions.

Without executive branch, federal government lacked leadership to take action

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8
Q

Presidential system

A

Branches of gov each use power to check power of others

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9
Q

Parliamentary system

A

No automatic separation of powers between legislative & executive

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10
Q

Main process of amending the Constitution

A

Proposed by 2/3 of Congress

Ratified by 3/4 of State Legislatures

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11
Q

How did the Connecticut Compromise allocate representation in congress

A

Created bicameral legislature.

  • Senate had equal representation
  • House of Representatives based on population
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12
Q

Which faction insisted on adding the Bill of Rights to the U.S. Constitution? Why?

A

Anti-federalists, because they feared that the Constitution didn’t do enough to protect individual liberties.

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13
Q

The power of judicial review was claimed for the federal courts by the Supreme Court in the case of

A

Marbury v. Madison (1803)

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14
Q

When it came to federal power, Anti-Federalists consistently favored

A

Strict interpretation of Constitution with explicit limits on government & explicit guarantees of individual rights (Bill of Rights)

More in favor Direct Democracy

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15
Q

2 key cleavages in the framing of the U.S. Constitution? Why were these important?

A

Large states v small states:
- Led to the Connecticut Compromise (creating bicameral legislature)

North v south
- Led to 3/5ths Compromise

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16
Q

Under the US Constitution, a citizen cannot be imprisoned or detained without being charged, brought before a judge, and given access to counsel. This protection is:

A

Writ of Habeas corpus (Article I, Section 9, Clause 2)

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17
Q

Where exactly is the Writ of Habeas Corpus mentioned in the U.S. Constitution?

A

Article I, Section 9, Clause 2

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18
Q

How does Federalism encourage experimentation?

A

By allowing state/local governments to try new policies & ideas on a smaller level

Helps find creative solutions to problems w/o risking entire country

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19
Q

What is the Supremacy Clause?

A

Federal laws & U.S. Constitution take precedence over state laws

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20
Q

How does the Supremacy Clause affect state and national laws?

A

If conflict between state & federal law —-> federal law wins.

States cannot pass laws that go against Constitution/federal laws.

21
Q

Dual federalism

A

“Layer-cake federalism”

Views federalism in which the federal and state governments have separate spheres of power & don’t overlap.

Supreme Court serves as umpire in disputes over responsibilities

22
Q

Identify three enumerated powers of the federal government

A
  • Declare war
  • Coin money
  • Regulate commerce with states, other nations, and Native American tribes.
23
Q

Identify three reserved powers

A
  • Conduct elections
  • Establish and maintain schools
  • Establish local governments
24
Q

What part of the Constitution describes reserved powers?

A

10th Amendment

25
Identify three concurrent powers
- Collecting taxes - Making and enforcing laws - Establishing courts of law
26
What clause in the Constitution gives Congress the power to regulate all business activities that cross state lines or affect more than one state?
Commerce Clause
27
What is the process by which an accused individual is captured by officials of one state and returned to the state in which the crime is alleged to have been committed?
Extradition (Extradition Clause) Article IV, Section 2, Clause 2
28
Where exactly is the Extradition Clause mentioned in the U.S. Constitution?
Article IV, Section 2, Clause 2
29
The fact many presidents served as state governors before taking national office shows which role of federalism?
Provides training and develops leaders
30
Which clause in Constitution requires state courts to accept the public records and laws of other states as valid?
Full Faith and Credit Clause, Article IV
31
Where exactly is the Full Faith and Credit Clause mentioned in the U.S. Constitution?
Article IV
32
What is the main source in the Constitution of State Power?
10th Amendment
33
What is Preemption?
When higher forms of government freeze/block an activity a lower form of government is doing
34
Recalls
Public removes official from office
35
Initiatives
Public writes and approves law
36
Referendums
State writes law, public approves of it
37
Facts and Precedent of McCulloch v. Maryland (1819)
- A National Bank lent $$ to Federal Government and maintained stable currency through lending - Maryland passed a tax on the Banks “not chartered in Maryland” ... but National Bank was the only subject. - McCulloch (cashier at bank), refused to pay the tax. Maryland sued him. Questions at play: - Did Congress had power to establish the bank? - Did the Maryland law unconstitutionally interfere with congressional powers?
38
Powers found in McCulloch v Maryland which could be inferred from the specific powers listed in Article I?
- Reinforced Elastic Clause (Necessary and Proper), granting implied powers to Congress so they can carry out express powers. - Gives Congress power to create a national bank Supreme Court ruling: - States cannot tax the federal government (court in this case) - Confirmed that Judicial Review applied to state laws as well—federal courts CAN deem state laws unconstitutional.
39
Facts of US v Lopez (1995)
- Student brought concealed gun to school - He was charged under Gun-Free School Zones Act of 1990, federal law that made it illegal to have a gun in a school zone - His lawyers argued federal government didn’t have authority to enforce this law bc carrying gun in school zone not related to interstate commerce.
40
Precedent of US v Lopez (1995)
- Supreme Court ruled law unconstitutional bc carrying a gun in a school zone doesn't affect interstate commerce - Limited Congress's power under the Commerce Clause...reinforced reserved state powers - Not all activities can be regulated by Congress just bc they might affect commerce
41
Facts of Marbury v Madison (1803)
- James Madison refused to deliver William Marbury's judicial commission - Marbury sued Madison, asking Court to force Madison to deliver the commission
42
Precedent of Marbury v Madison (1803)
- Established principle of judicial review (court power to declare laws unconstitutional) - Gave Supreme Court power to check power of other branches of gov - Judiciary primary interpreter of the Constitution
43
Layer-cake (dual) federalism vs. Marble cake (cooperative) federalism
Dual Federalism: - Programs and authority are clearly divided among the Federal, State, and Local level Cooperative Federalism: - Programs and authority are mixed among the Federal, State, and Local level
44
What 3 clauses in the Constitution have allowed the federal government to expand its power?
Commerce Clause, Necessary and Proper (elastic) Clause, Supremacy Clause
45
How do modern day Liberals & Conservatives line up with the views on federal and state power?
Liberals favor more federal power Conservatives favor more state/local power
46
Grants from the Federal government to states for broad activities with very few strings attached
Block Grants
47
Funds given to states by Federal government for specific projects like school lunches/building of highways/airports
Categorical Grants
48