Background of American Government Flashcards
Government
A social institution which controls the behavior of the people through managing conflicts and monetary rules and regulations
Functions of government
Provide security, serve the public good, offer services, and resolve conflicts
Public Good
Government policy or action directed towards benefitting society as a whole
Politics
Conflict, competition, and compromise which occurs within a political system
Democracy
Government system where people rule and exercise political power
Direct Democracy
Type of democracy where people can participate directly in the decision making. This can include a town meeting in a town to vote on certain issues.
Republic
People elect representatives to govern on their behalf
Representative Democracy
Representatives elected on behalf of the people to represent their interests
Constitution
Set of formal written rules which govern a country and states as well
Constitutional Democracy
Governmental authority stems from the Constitution. Characteristics include free elections with freedom to criticize, free press and media, protection of civil rights, and regular elections.
Rule of Law
Everyone is equal under the law irrespective of authority or standing
Natural Law
Principle of constitutional democracy where law comes from nature and is superior to statutory law. Focuses on system of right or justice coming from nature rather than societal rules.
Statutory Law
Laws or rules which are made by the legislatures
Natural Rights
Principle of constitutional democracy where rights are granted by birth which people are entitled to. These include life, liberty, and property.
Philosophies of Europe that inspired American Government
Classical Liberalism, Classical Republicanism, and Inegalitarianism
Classical Liberalism
Western European philosophy focused on freedom of the individual which must be protected by government
Classical Republicanism
Theory that believes that people should participate in government indirectly through the election of representatives
Inegalitarianism
Tradition which excludes large segments of the American population from participation in the political system
Social Contract
Created by British political philosopher Thomas Hobbes which believed that people would help in creating government through giving up some of their independence, safety, and peace.
Feudalism
Landholding system in Medieval Europe where portion of income would be given in exchange for protection
John Locke
English philosopher who created the idea of natural rights
Characteristics of liberalism
- Individuals should be left to work without government interference
- Individual freedom is important
- Government should protect rather than impede economic development
- Focus on things which can be proven
Most important phrase of the Declaration of Independence
“All men are created equal”
Liberal
Someone who believes that government plays a role in the lives of individuals and it can help find solutions to problems
Conservative
Someone who believes that government should play a limited role in the lives of the people and there should not be a dependence on government for solutions
CIvic Virtue
Individualism and self-interest are subordinated in favor for the interest of society
Classical Republicanism Characteristics
- Subordinate private interests for the public good
- Owning property makes one eligible for office
- People should elect representatives but also be kept far from power
- Power should be distributed rather than concentrated
- Rights of the individuals are protected
Separation of Power
Government power divided in multiple branches to avoid concentration in one branch
Republican Form of Government
Power is exercised by elected representatives who are responsible for the people they govern
Tradition of Exclusion
Groups are excluded from political system due to race, gender, religion, etc.
Coverture
Part of British Common Law which stated that woman’s legal identity merged with that of their husband when married
Who fell under tradition of exclusion
White women, Blacks, and American Indians
Social Construction of Race
Construction of a group of people based on various phenotypes, skin colors, and physical characteristics for political and social purposes such as enslavement and exclusion
Who was included under “We the People”
White males holding property
Naturalization Act of 1790
Focused on granting US citizenship by naturalization only towards free white people, and not American Indians, slaves, and free Blacks
Great Law of Peace
Constitution establishing democracy between five Iroquois speaking tribes - Seneca, Cayuga, Oneida, Onondaga, and Mohawk.
Sugar Act (1764)
Passed by the British Parliament that required colonists to pay tariffs on sugar and other raw materials such as coffee, tea, wine, etc.
Stamp Act (1765)
Passed by the British Parliament that anything written on paper or printed documents such as newspapers and pamphlets would be taxed
Quartering Act (1765)
Passed by the British Parliament requiring colonists to keep British soldiers armed and in their houses
Stamp Act Congress (1765)
Created in response to the Stamp Act where the colonists had cries against the British to repeal the Stamp Act
Taxation Without Representation
Cry of the colonists that they should not be taxed if they are not represented in the population
Declaratory Act (1766)
Passed by the British Parliament and declared that Parliament had supremacy above the colonies “in all cases whatsoever”
Townshend Revenue Acts (1767)
Passed by the British Parliament in which any manufactured goods entering the colonies such as glass, lead, paper, paint, tea, etc. would be taxed
Tea Act (1773)
Passed by the British Parliament in which any tea that would enter the colonies would be taxed
Boston Tea Party (1773)
Executed by the colonists where in an act of protest, they dumped 340 chests into the Boston Harbor
Coercive/Intolerable Act (1774)
Passed by the British Parliament to punish Massachusetts colony for the Boston Tea Party. It effectively closed the Boston Harbor, revoked self-governance in Massachusetts, housing of British soldiers, and British officials protected from colonial courts.
Prohibitory Act (1775)
Passed by British Parliament which allowed the British to coerce the colonists into submission towards them
Lexington and Concord
The cities where the American Revolution began in April 1775 by the “shot heard around the world” by the British
Thomas Paine
British journalist and philosopher who wrote Common Sense
Common Sense
A pamphlet that argued for an immediate Declaration of Independence from the British
Second Continental Congress
Helped guide American forces during the American Revolution and had representatives unite to help devise a resolution in declaring the colonies from Great Britain
Declaration of Independence
Document written by Thomas Jefferson which helped in freeing the colonies from Great Britain saying that the most natural rights of the colonists were violated
Boston Massacre
Occurred in 1770 when the British shot into a crowd of colonists and killed 5 which turned the anger against the British even more violent
Unitary Form of Government
The central government exercises complete control over subunits of government. This means that the states and other governments do not have much power.
Confederation
States and other units band together to help organize a weak central government where the states get the bulk of the power
John Dickinson
Wrote the first draft of the Articles of Confederation
Articles of Confederation
First constitution of the United States where the power was designated towards the states and Congress had limited powers
Unicameral form of government
The legislative body only has one house
Duties of Congress under Articles of Confederation
Declare war, negotiate peace, coin and borrow money, make treaties and alliances, regulate trade, and appoint military officers
Shays Rebellion
Uprising led by Daniel Shays in Massachusetts where him and many farmers revolted and led to the closing of many courts due to their inability to pay taxes or debts. It also spread awareness of the weaknesses of the Articles of Confederation.
Weaknesses of the Articles
All states (13) had to agree for amendment change, limited power to raise funds, no national court, 1 vote per state irrespective of population, and inability to enforce laws
Concurrent Powers
Powers that would be shared between the national and state government such as borrowing and taxing money
National government
Power distributed between central and state governments
Framers
Creators of the Constitution that drew inspiration from the political philosophies of liberalism and republicanism
Virginia Plan
Drafted by James Madison which believed there should be a strong central government with three branches: executive, legislative, and judicial.
Bicameral Legislature
The legislative body would have two houses. Idea behind the Untied States Congress with a House of Representatives and Senate.
New Jersey Plan
Devised by William Paterson in response to the Virginia Plan. Looked to maintain the unicameral legislature under the Articles and each state would have equal representation with 1 representative/state.
Connecticut/Great Compromise
Devised by Roger Sherman where a bicameral legislature was established with a House and Senate in Congress. Senate would have 2 senators from each state and 435 representatives total.
Three-Fifths Compromise
A slave would equal three-fifths of a person to determine representation in the House of Representatives. Created after a debate between slave and nonslaveholding states and whether they should be counted or not.
Federalists
Group of people who were in favor of ratification of the Constitution and a strong central government. This included Alexander Hamilton, John Jay, and James Madison.
Antifederalists
Group of people that were opposed to the ratification of the Constitution and preferred a weaker central government and a unicameral legislature. This included Richard Henry Lee, Patrick Henry, and George Mason.
Federalist Papers
Written by the Federalists in which they advocated for the ratification of the Constitution as well as powers being shared between the federal and state government
Bill of Rights
First 10 amendments of the Constitution which went into effect in 1791 and focused on individual liberties and basic rights
Supremacy Clause
The Constitution and national laws are “supreme” to any state and local laws. Also, when state laws conflict with national laws, national laws will always be more influential.
Legislative Branch
The branch of government comprised of the Senate and House and outlined in Article I of the Constitution. Responsibilities include making laws, declaring war, regulate commerce, conduct impeachment, and more.
Enumerated Powers
Powers of the federal government which are explicitly stated in the Constitution and designated towards Congress
Examples of enumerated powers for Congress
Collect taxes, regulate commerce (interstate and foreign), borrow money, provide for general welfare, declare war, arm the militia, support armies, etc.
Implied Powers
Powers not explicitly stated in the Constitution but can be inferred from those enumerated in the Constitution
Necessary and Proper Clause
An example of an implied power which is outlined in Article I, Section 8 and gives Congress the authority to make whatever laws are necessary to carry out its enumerated responsibilities.
Example of Necessary and Proper Clause
Congress is given the enumerated responsibility to collect taxes so to do so an agency, Internal Revenue System (IRS) is created to execute its power
McCulloch v Maryland (1819)
Supreme Court case in which John Marshall ruled that Congress could create a national bank as it helps carry out its enumerated responsibility of collecting tax. This was protected by the Necessary and Proper Clause and states could not tax the federal government.
Executive Branch
Branch of government outlined in Article II which consists of the President and Vice President along with the Cabinet.
Responsibilities of the Executive Branch
Commander in Chief of the army, veto and sign laws, appoint judges, grant pardons, negotiate and sign treaties, and more
Judicial Branch
Branch of government outlined in Article III which consists of the Supreme court and other inferior (state and local) courts
1st Amendment
Freedom of speech, press, assembly, petition, and religion
2nd Amendment
Right to bear arms
3rd Amendment
No quartering of soldiers in one’s house without their permission
4th Amendment
Person cannot be subject to unreasonable search or seizure and there needs to be probable cause for a warrant
5th Amendment
Right to grand jury for crimes, no double jeopardy (tried twice for same crime), cannot be self-incriminated, due process, and compensation by government for the use of private property
6th Amendment
Right to speedy public trial and impartial jury, one should be aware of the nature of their crime, confronting a witness, be able to call their witness, and counsel should assist
7th Amendment
Any case where the value is above $20, right to grand jury is present and facts of the jury can only be examined in accordance of common law
8th Amendment
Prohibits cruel or unusual punishment as well as excessive bail
9th Amendment
Any rights not explicitly stated in the Constitution are protected along with the eight amendments
10th Amendment
Known as reserved powers, any power not delegated to federal government or Constitution nor prohibited to the states, are reserved specifically for the states
Separation of Powers
Power divided among the three branches of government rather than being concentrated in one
Term Duration
House: 2 year term
Senate: 6 year term
President: 4 year term and can be elected maximum twice (no more than 10 years)
Judges: Unlimited terms when serving on national courts
Electoral College
The process through which the President and Vice President are elected where there are a total of 538 electors from 50 states and DC
Requirements for being a Representative
At least 25 years old, US citizenship for at least 7 years, and resident of state elected to
Requirements for being a Senator
At least 30 years of age, minimum 9 years US citizenship, and resident of state elected to
Requirements to be President
Natural-born citizen, at least 35 years old, and resident of United States for no less than 14 years
Checks and Balances
The idea that each branch of government has power to limit the actions of other branches to ensure there is not a breach of power
Example of Checks and Balances
Congress can impeach, convict, and remove executive and judicial officials. Supreme Court can review acts of Congress and declare their legislation unconstitutional. President can veto any legislation that passes through Congress.
Article I
Outlines the Legislative Branch and its functions
Article II
Outlines the Executive Branch and its functions
Article III
Outlines the Judicial Branch and its functions
Article IV
Outlines the relationship between states such as the Full Faith and Credit Clause
Article V
Outlines how the Constitution gets amended. Starts with 2/3 proposals in both Houses of Congress or 2/3 of states calling convention to propose. Then, 3/4 of states legislatures must agree or have conventions to ratify amendments.
Article VI
Outlines the Supremacy Clause saying that the Constitution is the “supreme law of the land” and federal laws always are superior to state laws
Article VII
States that the Constitution being ratified declares it official
Federalism
The balance of power between the state and federal government
Sovereignty
Complete political power and authority
Voting Rights Act (1965)
Landmark legislation which outlawed any form of discrimination against racial and ethnic minorities for voting
Redistricting
Done following a census every ten years to account for population shifts and draw districts accordingly from the growth
Gerrymandering
A group such as a political party redraws districts in such a way that could benefit their chances in winning an election
Majority-Minority Districts
Districts in which more than 50% of the population is comprised of a racial or ethnic minority
Governors
State executives similar to President who are responsible for handling issues concerning the state
Line-item veto
Power invested in governors in which they can reject specific expenditures or taxes of a bill while leaving the rest stand
Critical Race Theory
Theoretical framework which states that racism is embedded within American social and political systems
Merit System
Method used in some state courts in which a nonpartisan commission provides a short list of potential candidates for judge to the governor and the governor picks one
Retention Election
Once candidate is picked from merit system, voters will decide whether to keep the judge in office or not (no opposing candidate)
Dillon’s Rule
Created in 1868 by Judge John Dillon in which municipal and local governments lacked independent authority and be given power and authority from the states
Home Rule
Changed Dillon’s Rule in the 20th century and stated that local government could govern independent of state governments
County Commissions
Governments for counties which create policies applying to the county such as sewage treatment, waste management, neighborhood maintenance, and more
Municipalities
Incorporated districts such as cities and towns that exist within counties and comprise local government
School Districts
Local governments for schools which create policies for them
Commerce Clause
Outlined in Article I, Section 8 which assigns Congress the duty of regulating commerce between states, foreign nations, and tribes
Extradition Clause
States that if a person commits a crime in one state and flees to another state, they must be sent back to the first state
Full Faith and Credit Clause
In Article IV, it states that any documents and records from one state will be recognized in another state. This includes things such as driver license and citizenship.
Privileges and Immunities Clause
Citizens from one state cannot be discriminated in another
Fugitive Slave Clause
Established during slavery that any slave that fled their slave state for a free state must return to the slave state
Interstate Compact Clause
Outlined in Article I, Section 10 that if states plan to enter into an official agreement with one another, congress must approve
Bill of Attainder
A law passed by legislative body which punishes people without a proper judicial trial or conviction in court. What states are prohibited from passing.
Ex Post Facto Laws
Laws that states are prohibited from passing which state that the government could charge people who a crime they committed before it was outlawed
13th Amendment
Abolished slavery in the United States
14th Amendment
Citizenship could not be denied on the basis of race
Due Process Clause
Provision of 14th amendment in which citizens are promised normal criminal and judicial proceedings and there is no deprivation of life, liberty, or property
Equal Protection Clause
Provision of the 14th amendment stating that states cannot pass laws that treat citizens differently on the basis of race or ethnicity
19th Amendment
Granted women the right to vote and prohibited denying voting on the basis of sex
Poll taxes
A method used where states charged citizens to vote which disenfranchised the poor and minority citizens the most
15th Amendment
Voting could not prohibited on the basis of race or ethnicity
Police Powers
A general, unwritten power to help regulate health, safety, and morals
Gibbons V. Ogden
Supreme Court case in which a broad definition was given to the Commerce Clause and that Congress has authority of all stages of commerce extending across state lines
Dual Federalism
National government could govern through strict interpretation of the Constitution and states had broad influence and power within their territory
Monopolies
One company controls an entire industry
Sherman Antitrust Act (1890)
National governments could break up monopolies into different companies as monopolies would leave workers and consumers to suffer due to no competition
Grant-in-aid
National government provides money or property to the states to accomplish a policy goal
Morrill Act (1862)
Act that gave national government the right to donate federally owned property to states in which states would sell land to be able to establish universities
Separate but equal
A principle established by Plessy v. Ferguson (1896) which declared that segregation could exist as long as both races were provided facilities
Cooperative Federalism
Started in the 1930s where national government expands its authority and simultaneously blurs the lines between national and state authority
Incorporation
The application of the Bill of Rights into state and local governments. Has gone into effect after the 1937 Supreme Court case Palko v. Connecticut.
Categorical Grants
Grants-in-aid provided by the federal government which contain multiple detailed provisions on how the state and local governments must use the money provided to them
Unfunded Mandates
Directives issued by the national government to the state and local governments but the governments are not compensated for complying
Civil Rights Act (1964)
Landmark legislation whihc declared that it was unlawful to discriminate and mistreat racial or ethnic minorities in public or private settings
Devolution
Principle being followed since the 1970s in which the national government has partially returned power to the local and state governments
Block Grants
Grants-in-aid provided by the national government towards the state and local governments which contain minimal regulations in how they are supposed to be used and is up to the discretion of the state and local governments on how to use
Preemption
The national government can overturn state and local laws that conflict with national policies
