134 Terms for Mid-Term Flashcards
The Intolerable Acts of 1774
Boston Port Bill Massachusetts Government Act Administration of Justice Act Quartering Act Quebec Act
Tyranny
Taxes were seen as the opening and the dominance of what we would now call “special interests”
Pluralism
politics and decision making are located mostly in the framework of government but many NON-government groups use their resources to exert influence
Shays Rebellion
Farmers being arrested for not paying taxes on their land so they burnt down the courthouse
Commerce Clause
- Enumerated Power
- Article 1 Section 8 (Interstate Commerce and Foreign Nations)
3/5 Compromise
For representation in the House slaves would be counted as 3/5 of a person however the States would have to pay taxes on the people
Supremacy Clause
Above all state law, federal law, and the state constitutions is the Constitution of the United States
Anti-Federalist
strong state government with a weak central government
Federalist
favored strong central government, separate nations powers, strong states but no consensus on division of power in government
New Jersey Plan
- one state, one vote
- congress is the supreme law
- Congress will appoint an executive office
- Executive office will appoint judiciary
Virginia Plan
Created Bi-cameral legislature
- -Lower chamber based on population
- -Upper chamber based on population
- -The Legislature would pick the executive
- -The creation of the Judiciary appointed by the legislature
Dual Federalism
- Emphasized dividing the state and national spheres of power into entirely separate jurisdictions
- Part of the Supreme Court’s attempt to regain its powers after the Civil War
Case Establishing Judicial Review
- the idea, fundamental to the US system of government, that the actions of the executive and legislative branches of government are subject to review and possible invalidation by X branch
- allows the Supreme Court to take an active role in ensuring the other branches abide by the constitution
- Marbury v. Madison, 5 US 137 (1803)
The Great Compromise: The Executive
- elected by the electoral college
- vetoes legislation
- can make treaties, executive agreements, presidential statements
- controls the bureaucracy and implementation of laws
- presidential appointments
- creates the budget
The Great Compromise: The Legislative
Bicameral
- House is proportional representation based on pop.
- -ALL tax legislation must begin in House
- -holds impeachment hearings
- -if a tie occurs House determines President and Vice
- Senate is equal representation (2 reps selected by each state)
- -Senate must confirm Presidential appointments and treaties by 2/3 majority
- Congress can override a Presidential Veto by 2/3 in each chamber
- Controls the funding of the bureaucracy
The Great Compromise: The Judiciary
- the president will nominate members of the federal judicial branch
- the US Senate will approve or reject the nominee
- can declare congressional and presidential acts unconstitutional
- presides over impeachment trials
New Federalism
- the control goes back to the states, however, federal government consolidates federal grants like welfare
- states now have authority over programs
- Federal government gave power back to the states
- funded state programs through large block grants, so states could spend on the programs they needed
- funding was dramatically reduced
Cooperative Federalism
- emphasized an expanded role for the national government
- increased federal aid to help the states meet their own priorities
- increased federal assistance to deal with record levels of unemployment from the Great Depression
- Marbled cake is a representation of the States and Fed working together
Cases establishing Commerce Clause
-
Cases Establishing the Bill of Rights to the federal government
-
Cases involving the Supremacy Clause
-Gibbons v. Ogden (1824)
Factions
Federalists and Anti-federalists
Implied Powers
- can be found in article 1 section 8
- make all Laws which shall be necessary and proper
- the power to dictate how federal funds are spent and accounted for
- the draft (power to raise an army)
- Minimum Wage (power to regulate trade)
Necessary and Proper Clause
- congress has the power to make laws which shall be necessary and proper in executing power
- Article 1 Section 8
Picket Fence Federalism
- 1960’s to present day
- Roosevelt’s programs were funded by the federal government but administered by states and local government
- Policy makers work within a policy area across levels of government
Unitary system of government
- strong central government All Powerful
- subdivisions called “states” (weak)
- -at any time the government can give or take power from the states
Confederal system of government
- strong states with a week central government
- at anytime the states can give the government power or take it away if they don’t like the implementation of said power
Types of Grants in Aid
- categorical grants
- block grants
- federal mandates
- unfunded mandates
Categorical Grants
- strings attached
- federal formula
- specific purpose
- is a federal payment to a state or local government to carry out a specific activity
- -money for interstate 95 within a transportation bill
Block Grants
- Large federal grants provided to state government to spend on a policy area, states have control over spending
- is one that can be used for a wider variety of purposes and usually has fewer federal guidelines on how the programs are to be administered
Federal Mandates
- Congress forces states and local government to comply with certain rules that they pass
- Congress gives funding to the states to implement policies
Unfunded Mandates
congress forces states and local government to comply with certain rules and does not provide funding to implement to programs
Gibbons v. Ogden 1824
- this case was over a license to operate a steam-powered ferryboats NY<=>NJ
- NY passed a law Aaron Ogden + US Gov gave license to Thomas Gibbons (to operate the boats)
- Chief Justice John Marshall ruled it was a power reserved to and exercised by the Congress
- Justice William Johnson further said the national gov had exclusive power over interstate commerce, negating state laws
McCulloch v. Maryland (1819)
- -Congress built The Second Bank of the United States and then MD passed legislation to impose taxes on said bank to which the cashier, James W. McCullough, of the bank refused to pay the tax
- The Supreme Court ruled that Congress was carrying out its IMPLIED POWERS (to coin money, levy taxes and borrow money) therefore MD could not tax due to the necessary and proper clause and its enumerated powers
Marbury v. Madison (1803)
-This case established that the Constitution–the nation’s highest law– conflicts with an act of the legislature, that act is invalid
Federalism
-the central government shares responsibilities with subdivisional governments called states; both deriving power from the Constitution
Separation of Powers
-
Checks and Balances
-
Roles of the President
- Chief of State
- Chief Executive
- Commander and Chief of the Armed forces
- Chief Diplomat
- Chief Legislature
Presidents 3 Constituencies
1- General Public
2- Members of his party
3- Washington Community
The Case Act of 1972
- requires the president to inform congress when he mades an executive agreement
- power as chief legislator
Fast Track Authority
- first used in 1974, this allows the president to negotiate new trade agreements with other nations, which they then submit to congress for either approval or rejection
- power as chief legislator
White House Press Corps
-meant to provide the people daily information about the administration
Press Secretary
-the official spokesperson for the white house