Chapter 1-3 Quiz Flashcards

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0
Q

How many types of democracy are there, what are they, and describe them.

A
  1. 2 types of democracy
  2. Direct Democracy: people themselves
    Indirect democracy: representatives
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1
Q

What is democracy?

A

Rule by the people

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2
Q

Did the founders trust direct democracy? Why or why not?

A

The founders distrusted direct democracy because they thought it was dangerous; that the people would be prone to be swayed by a demagogue

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3
Q

What type of government did the founding fathers want?

A

Republic (indirect democracy)

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4
Q

What are the different views on the distribution of power? Describe them.

A

Majoritarian View: leader influenced by the views of the majority
Elite View: 1) Marxist- who controls the economy (Koch- rich bros)
2) C. Wright Mills- bringing together corporate, military,
And political elites (Eisenhower: “military industrial
Complex”)
3) Max Weber- bureaucracy
Pluralist View: no one really has the monopoly on power
Hyper pluralism: power is so fractured no one has enough power
to get anything done (current situation)

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5
Q

Where do the origins of the American republic extend from? Give examples of this.

A
  1. British traditions, customs, laws; colonial experiences; state constitutions
  2. Magna Carta- fair trial
    Petition of Right- taxation
    Bill of Rights- like ours (fair/speedy trial, humane treatment) “jury of innocent peers”
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6
Q

What was the founding fathers’ experience with the Articles of Confederation?

A
  • states were like countries
  • no trade regulations
  • no head leader
  • no money coining
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7
Q

Why do the Articles of Confederation get disbanded?

A

Because of Shay’s Rebellion

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8
Q

What was Shay’s Rebellion?

A

Farmers rebelling against repossession because do lack of pay

  • they burned record keeping facilities
  • occurred mostly in Western MA
  • no one there to deal with the rebellion, no president or head of army
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9
Q

What happened in the constitutional convention of 1786?

A

They tried to amend the Articles of Confederation, but the one vote per state policy didn’t work
Annapolis 1786

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10
Q

What kind of people were the state representatives?

A

Well fed, well read, well bred, and well wed

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11
Q

Who was Charles Beard?

A

He wrote a book exposing that the constitution was made for the upper class, a fact which was later refuted, the wealthy did have skin in the game

One of the inundates of the constitution

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12
Q

What were common goals of the Constitutional Convention of 1787?

A
  1. Get rid of the Articles of Confederation: they were supposed to just amend them, but they completely scrapped them (technically treason)
  2. Establish republican, constitutional government
    - there should be balance of power (modeled after political writings of Montesquieu)
  3. Stronger central government
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13
Q

What is the purpose of government?

A

The protection of property rights

Founding fathers believed that if property was taken, everything else would crumble

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14
Q

What were areas of disagreement in the Constitutional Convention of 1787?

A
  1. State representation
  2. Taxation
  3. Election of the president
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15
Q

Why was state representation an area of disagreement? How did they solve it?

A

Used to be one vote per state, big states like VA didn’t like

Randolph- Virginia Plan: votes should be based on population
Patterson- New Jersey Plan: all states should be equal (votes)
Sherman- Connecticut Compromise: combine them, bicameral
House: population
Senate: 2 reps per state

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16
Q

What was the problem with taxation in the convention of 1787

A

Whether or not to count slaves for population and taxation purposes

3/5 compromise: made the number of whites in the north = the number of whites in the south plus slaves

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17
Q

What were the problems of the election of the president in the convention of 1787?

A

Some wanted life term, some seven or eight years but only once, some direct election, some only reps vote…

Came up with electoral college compromise

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18
Q

How many colonies were needed to ratify the constitution?

A

9/13

19
Q

When was the constitution it into effect? What happened then?

A

1789, George Washington becomes president

20
Q

How were the federalists able to get the declaration ratified?

A

They were elite, they were better represented, more organized, and they controlled the press

21
Q

What convinced the antifederalists to ratify the constitution?

A

Feudalists agreed to add the bill of rights to the constitution
This happened 2 years after ratifying the constitution

22
Q

What are the principles of the Constitution?

A
  1. Separation of powers: excessive power leads to tyranny
  2. Checks and balances: 3 branches if gov, political parties
  3. Limited government: constitutional gov: limited by constitution
    and bill of rights
  4. Judicial review: ability to strike down laws/ actions
  5. Change the constitution informally
  6. Change the constitution formally
23
Q

How did the power of judicial review come about?

A

It arose out of a lawsuit: Marbury v. Madison (1803)

  • came out of election of 1800
  • midnight appointments ( swearing in Federalist judges to protect against new incoming democratic republican appointees)
  • Marbury (one of those appointees who never got the official paper declaring him a judge) sues new Secretary of State James Madison for a writ of mandamus (forcing to turn paper over)
  • Madison says judiciary act of 1789 is wrong, and strikes down writ of mandamus
  • establishes precedent no judicial review
24
Q

How can you change the constitution informally?

A

-acts of congress (judiciary act 1789)
-judicial ruling (Plessy v. ferguson separate but equal)
-presidential actions
-customs and traditions
“The constitution belongs to the living, not the dead” Thomas Jefferson

25
Q

How can you change the constitution formally?

A
  • amendments
    Propose: Ratify:
    -2/3 both houses of congress. - 3/4 of state legislatures (38 sts)
    -2/3 constitutional convention. - 3/4 ratifying convention (only21)

Happened 27 times

26
Q

Is federalism the same as federal?

A

No

27
Q

What is federalism?

A

Constitutional division of power (power comes from constitution)

28
Q

Why do we have federalism?

A
  • unitary system (1 section of power) was undesirable
  • confederate power (power in states) also undesirable
  • allows for unity but not uniformity (differences in states)
  • it works well with large geographic area with diverse people
  • check to tyranny (can’t spread trough the states)
  • federal can focus on international, states on local
  • keeps government closer to the people
  • allows for experimentation “states are laboratories of democracy”
29
Q

How many stages of historic federal development are there? What are they?

A
  1. 3
    Dual federalism: 1937 (layer cake federalism)
    Marble cake federalism : 1937
    New federalism: 70s (Ronald Reagan, 104th congress)
30
Q

Describe dual federalism

A

State has its sphere, gov has its sphere

Ex: states control education, national guard controlled by federal gov

31
Q

Describe marble cake federalism

A

Mix of state and federal spheres
Ex: education and national guard controlled by both
Beginning of interpretation of federal powers in a broad way

32
Q

Describe new federalism

A
1971- Nixon
1980-1988- Reagan
1994- Republican majority under newt Gingrich 104th congress
Shift of power back to states
"Devolution Revolution"
33
Q

What are the federal powers in American federalism?

A
  • explicit powers: specifically stated in constitution
  • implied powers: not specifically stated
  • inherent powers: not stated, but known (eg. Defend itself)

Necessary and proper (elastic) clause

34
Q

What are state powers in American federalism?

A

Amendment 10 states that any powers not specifically given to the national government are given to the states

  • concurrent powers: granted to congress, but not stated (held by federal and state gov simultaneously) (eg. Courts, tax)
    - article 6: national supremacy clause: federal trumps state
35
Q

What a the obligations of the national government?

A

Every state has a democratic representative gov.
Protect states from domestic and foreign violence
Give all new states same powers as old ones

36
Q

What are the obligations of the state government?

A

Each state must honor the legal proceedings of other states (full faith and credit clause article 4)

  • privileges and immunities: states can’t discriminate against newcomers
  • extradition: have to turn over wanted felon to the integrity state
37
Q

What are the two competing views of federalism?

A

Decentralize vs. centralist

38
Q

Describe the decentralist view

A

‘State’s rights’

  • constitution limits federal gov to delegated powers
  • broad powers to states
  • constitution is subservient to states
  • strict constructionism
  • ’ fed too big and to impersonal’
  • followers include southern conservatives, Ronald Reagan
39
Q

Describe the centralist viewpoint

A

‘Federal rights’

  • power to the Feds
  • powers only to state if surrendered by central gov
  • spirit of the law, not letter
  • loose constructionalism
  • power hasn’t grown in 4 decades
  • key protectors of citizens rights
  • supporters include Lincoln and FDR
40
Q

Which Supreme Court case established national supremecy?

A

John Marshall: McCullouch v. Maryland
Maryland tried to tax bank, McCullough was teller who refused
- solidified necessary and proper clause

41
Q

What happened when power started to move back to states in new federalism?

A

Newt Gingrich 104th congress

  • unfounded mandates (grants) act
  • end of welfare
  • repealed nationwide speed limit law
  • recent court cases go with devolution revolution (95 gun free school act struck down)
42
Q

What are grants?

A

Money from the federal government to the state

43
Q

What are the two types of mandates and how do they differ?

A

Unfounded mandates: no money

Funded mandates: gov gives grants

44
Q

What are the types of grants? Describe them

A

Categorical grant: broad category like transportation
Project grants: specific project within the category, more specific
Block grants: less specific, chunk of money that you divide (decentralists like)
Revenue sharing: general grant money given to states to spend as they please (no longer in use because of budget cuts) basically a state money transfer