AP Gov midterm - Unit 1 vocabulary Flashcards
What is the Necessary and Proper Clause*
Clause that states that Congress has the right to make laws that are necessary and proper for carrying out enumerated powers; even if it doesn’t say it in the constitution specifically (implied)
What is the 10th Amendment?
Powers that are not strictly given to the Federal Government or not strictly granted to the states are reserved for the states (reserved powers); this directly confronts the Necessary and Proper Clause
What is popular sovereignty?
The concept that political power derives from the people; people choose representatives they want in government through free, fair, and competitive voting (Sunshine Laws - allow for transparency of those powers to the people –> trust)
What is devolution?
Idea that is the opposite of nationalization; the transfer of power from the FG to the states (Welfare Reform Act went from a categorical grant to a block grant which caused diversity in qualifications to receive welfare)
What is federalism (dual vs. cooperative)
Government power is shared between national and state levels of government: dual = state and federal activities are defined like a layered cake (listed and distinct), cooperative = state and federal activities are not clearly defined like a marbled cake (mixed and indistinct) –> this doesn’t mean they’re working together, just that they are overlapping (FG has slowly gotten more powerful)
What did Brutus I state?*
The Constitution serves powers to the states –> not good enough because the NAPC and implied powers gives the FG too much power; the Supremacy Clause gives the Constitution too much power
- A single Republic can’t govern this large of a country because public interest doesn’t work with effective representation
- A free Republic shouldn’t need to enforce laws; people should just want to follow them if they know who’s governing them (standing arms)
What are Enumerated vs. Reserved vs. Concurrent powers?
Enumerated = powers that are specifically listed [in the Constitution] (coin $, taxes, war), Reserved = powers that aren’t specifically listed [in the Constitution] for the FG and are given to the states, Concurrent = powers that are given to both the FG and the states
What is the 3/5 Compromise?
Because House representation was based on population, the South wanted slaves to count in the state census but not participate in politics. The North said, if the slaves can’t participate, they shouldn’t be counted in the census. The compromise stated that slaves would count as 3/5 of a person in the state census for House representation.
What is Shay’s Rebellion?*
A popular revolt caused by a large civil unrest –> The Articles of Confederation didn’t do much to stabilize and control the country which scared the public; the rebellion spurred the Convention to revise or scrap the Articles
What are mandates (+ unfunded mandates)?
Federal laws requiring states action/compliance; they are enforced via fines, withheld funds, lawsuits, etc. –> people who support devolution do not like mandates
- “unfunded mandates” are mandates without fully compensating States for the costs they incur such as the Civil Rights Act, Americans with Disabilities Act, and the drinking age
What is Elite vs. Pluralist vs. Participatory Theory
Models of Representative Democracy - who should hold power?: Participatory = people should be as close to and participatory in the government as possible (Anti-Federalists; in the Constitution –> House), Elite = the elite/wealthy should have the power (Federalists; in the Constitution? –> Supreme Court), Pluralist = competition among interest groups for power; each pushing their own policies (also Federalists; in the Constitution? –> Republicanism)
What is the Interstate Commerce Clause?*
The buying/selling/trade between multiple states which the FG can regulate; the fact that it’s an enumerated power and makes up the meat of Congress power challenges Federalism –> is something can be connected to this clause, Congress can control it or take power away from the states
What is the Supremacy Clause?
If there are conflicting federal and state laws and the federal law is constitutional, then the federal law trumps the state law because the Constitution is supreme (McCullough v. Maryland)
What is nationalization?*
The trend of the transfer of power from the states to the FG; It is the opposite of devolution, why’s it happening?: nations’s desire to slowly take control of private companies and state powers
What are checks and balances?
Powers each branch of government possesses stated in the Constitution; they balance each other out by restricting the other branch’s powers (REFER TO CHART)
What does Federalist 51 state?*
Why do we need good design for government?: we’ll not always have virtuous politicians/ “no angels” —> incentivize branches of government and office holders to hold each other accountable (separation of powers AND checks and balances)
- popular election is the basis of legitimacy in a Republican government but we still have checks and balances to protect from popular passions (bicameralism, legislative veto, and federalism)
What are natural rights and the social contract?
inherent, born rights that are not given to you by the government; given rights as human beings, including rights of minority groups
- John Locke’s idea of a “social contract” means we have to live in ordered liberty and if the government fails to do its job, we have the right to overthrow and change authority
What does Federalist 10 state?*
People have an innate tendency toward factions –> get rid of them by controlling the effects, not the factions: minority factions can easily be managed via democratic processes, majority factions are harder –> control? Representation through pluralism (competition of interest): representation + large country = more pluralism –> Madison argues a larger country will lead to more factions and those factions will cause so much conflicting interest that one won’t be able to trump the rest and take over
What is limited government?
aka Republicanism: the idea that there should be certain restrictions on the government to protect the people’s natural rights (the government’s power is not absolute)
- written Constitution
- Separation of powers
- checks and balances
- federalism
What is the Great Compromise?
During the Constitutional Convention: North and South debating over legislation
1) Basic structure: bicameralism (Virginia Plan = House + Senate, population based representation –> South) VS unicameralism (New Jersey Plan = 1 House, equal based representation –> North), Compromise = bicameral system –> House: population and Senate: equal (2 per state)
2) Power to congress: enumerated, pass laws (NAPC); implied powers worried Federalists (too much left for interpretation)
3) Potential for executive to have too much power –> single, limited and selected by Electoral College (not enumerated –> interpretation)
4) Judiciary: Supreme Court is the highest, Congress creates other courts
What is Direct Democracy?
instead of the people voting for representatives, the people voted directly on legislature: no modern examples because it causes instability and mob rule
- the people pass or don’t pass law affirmed by the legislature (referendums)
- the people propose a law, a legislature confirms/denies (initiatives)
- the people vote directly to remove someone in office (recalls)
- framers were critical because it gave too much power to the people and they were afraid of popular passions and mob rule*
What is Representative Democracy?
Representatives in government are voted for by the people –> representatives make legislature, not the people (but still get a say); all modern democracies are representative
- US is a Republic - RD + constraints on majority via institutional checks, procedural rules, and constitutional guarantees
- Framers chose RD because they valued popular sovereignty and checks and balances –> protects against mob rule and popular passions
What is tyranny of the majority?
When a major power interest group takes control and strives for interests of their own group –> Madison said these are harder to deal with and therefore require pluralism and representation
What are block vs categorical grants?
financial inducements - as nationalization increases –> government uses grants to control legislature among states (carrot + stick methods)
- Block grants = Federal money is given to states for specific purposes, but states have latitude on hoe it is spent (preferred by those who want more state control)
- categorical grants = Federal money is given to states with many restrictions
