Constitutional Foundations: Chapters 1-3, Unit 1 Flashcards

1
Q

CHAPTERS 1&2: cards (1-73)

A
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2
Q

democracy

A

ruled by the people

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3
Q

direct government

A

each individual votes on public policy issues

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4
Q

representative democracy

A

people elect officials (representatives) who make decisions about public policy.

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5
Q

participatory democracy

A

ensures citizens have the opportunity to participate in the decision-making process

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6
Q

pluralism theory

A

there are many groups competing for power, so no one group has all the power

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7
Q

elite theory

A

only a small number of powerful elites (lots of education, money or power) form an upper class, which rules in its own self-interest

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8
Q

bureaucratic theory

A

The hierarchical structure and standardized procedures of modern governments allow bureaucrats to hold the real power over public policy

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9
Q

hyperpluralism

A

the theory that democracy is a system of many groups having so much strength that government is often “pulled” in numerous directions at the same time, causing gridlock and ineffectiveness.

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10
Q

social contract

A

a voluntary agreement between the government and the governed,
-the government protects the rights of the people, so in return the people follow the law

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11
Q

natural rights

A

rights given to every human,
life, liberty and property -Locke

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12
Q

limited government

A

Gov’s power is limited by rule of law, this means that government is not all-powerful

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13
Q

popular sovereignty

A

the legitimacy (how much power the government has) is decided by the people

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14
Q

republicanism

A

A system in which the people give authority to the government and exercise their power by delegating it to representatives chosen by them through the election process.

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15
Q

Articles of Confederation

A

the first constitution of America.
-weak national gov
-more power to the states
-unicameral legislation

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16
Q

Shay’s Rebellion

A

Background: Shays’ Rebellion was an armed uprising in Western Massachusetts and Worcester in response to a debt crisis among the citizenry and in opposition to the state government’s increased efforts to collect taxes both on individuals and their trades.
- helped people realize that the Articles of Confederation were not working and they needed a stronger national government

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17
Q

Virginia Plan

A

strong central government with a legislature with two champers
-favored bigger states

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18
Q

New Jersey Plan

A

a single-house legislature

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19
Q

Great Compromise/ Connecticut Compromise

A

a bicameral (two-chamber) legislature with a lower house whose representation is based on population (the house of representatives), and a larger house with equal representation (senate)

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20
Q

Three-Fifths Compromise

A

3/5 of the slave population in states would be counted for determining taxation and representation in the house of representatives

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21
Q

Commerce and Slave Compromise

A

resolved other differences between southern and northern states. Congress was prohibited from taxing exports from the states and from banning the slave trade for a period of 20 years
(don’t know if we need to know this compromise)

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22
Q

electoral college

A

system used for electing presidents & vice presidents where voters vote for electors who pledge they will vote for a particular parties candadite

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23
Q

ratification

A

the action of signing or giving formal consent to a treaty, contract, or agreement, making it officially valid.
-ex. states voting to ratify an amendment

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24
Q

Federalist

A

supporters of the new government and ratification of the constitution

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25
Q

“Federalist Papers”

A

series of essays promoting the ratification of the constitution and defending the new government

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26
Q

Federalist No.10

A

-response to Brutus 1.
we need one large republic with multiple factions (groups of people with similar interests), so that no one faction has the majority
-supports pluralism

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27
Q

Anti-Federalist

A

opponents of the ratification id the constitution and a new stronger central government

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28
Q

Bill of Rights

A

the first 10 Amendments to the Constitution. It spells out Americans’ rights in relation to their government
-wanted by the anti-federalist and not federalist, but it was part of the compromise between them with the constitution

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29
Q

Brutus No.1

A
  • an anti-federalist paper
    argues that we should have a small republic in order to protect our liberty, so everyone agrees on things
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30
Q

the US constitution

A

defines the fundamental law of the U.S. federal government, setting forth the three principal branches of the federal government and outlining their jurisdictions

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31
Q

separation of powers

A

the distribution of constitutional authority among the three branches of the national government

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32
Q

checks and balances

A

gives each branch constitutional powers to check the others, ensuring no branch can be dominant

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33
Q

Federalist No. 51

A

says…
each branch of the government is made and given certain powers in order to check the others. If one branch tries to step up, it will be taking away another power. -each branch needs to have independent decisions
-since no one will ever agree, the government needs to be created expecting conflicts

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34
Q

amendments

A

a modification of the constitution
- in order to be put into effect it has to be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.

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35
Q

judicial review

A

-established in Marbury v. Madison
power of the court to check if a law/ government regulation else is unconstitutional or not

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36
Q

anarchy

A

lack of government

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37
Q

autocracy

A

ruled by one

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38
Q

rule of law

A

everyone has to follow the law no matter the circumstances

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39
Q

legitimacy

A

the belief that the government has power

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40
Q

Examples of direct democracy:
1) Direct primary

A

where voters, rather than officials or party members select who may run for office

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41
Q

Examples of direct democracy:
2) Initiative

A

voters may, by petition, propose a law or amendment.

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42
Q

Examples of direct democracy:
3) referendum

A

a proposed law gets passed by popular vote and proposed to the state constitution

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43
Q

Examples of direct democracy:
4) recall

A

voters can remove state and local elected officials from office between elections
(before their term expires)

44
Q

constitutional democracy

A

government where the authority of the majority is limited by legal and institutional means so that the rights of individuals and minorities are respected.

45
Q

statism

A

when a nation belives their rights are supreme over the rights of individuals

46
Q

majority rule

A

the candidate or party that wins more than half the votes wins

47
Q

plurality rule

A

the candidate or party with the most votes wins, not necessarily more than half (?)

48
Q

The Constitutional Convention

A

held in Philidelphia from May 25 to September 17 1787
-debated and agreed on the US Constitution

49
Q

Three main compromises in the Constitutional Convention

A

1) Compromise between large and small state’s representation in congress
2) North and South over the regulation and taxation of foreign commerce
3) North and South over how to count slaves for taxation and representation

50
Q

Main conflict in the Constitutional Convention

A

representation in congress
- where the New Jersey and Virginia plans came from, and what lead to the Connecticut/ Great Compromise (kinda)

51
Q

delegate

A

when a representative votes the way the people want them to.

52
Q

trustee

A

when a representative votes against what the people think/ want and vote for what they think is right

53
Q

politico

A

someone who is not consistently a delegate, but also not consistently a trustee

54
Q

divided government

A

when one party controls presidency and the other controls congress

55
Q

unified government

A

when one party controls both the presidency and congress

56
Q

a “writ of mandamus”

A

court order directly to an official/ corporation to perform an official duty

57
Q

How to propose an amendment

A

1) by a 2/3 vote of both the house and congress OR
2) a convention called by congress (at the request of the legislature and 2/3 of the senate)

58
Q

How to ratify an amendment

A

(after an amendment has been proposed, it still has to be ratified before it takes effect)
1) approval by legislatures in 3/4 of the states OR
2) approval by special ratifying conventions in 3/4 of the states

59
Q

Checks on the Legislative branch by Executive branch (2) and Judicial branch (1)

A

Executive:
- veto legislation
- still the commander and chief even though congress declares war
Judicial:
- can declare legislative laws unconstitutional with judicial review

60
Q

Checks on the Executive branch by Legislative branch (6) and Judicial branch (1)

A

Legislative:
-can override a veto
-can impeach and remove a president from office
-can declare war
-can confirm & reject presidential appointees
- can ratify (approve) or reject treaties the president has negotiated
-controls appropriations (money) for government programs

Judicial:
- it can declare an executive action unconstitutional with judicial review

61
Q

Checks on the Judicial branch by the Executive branch (2) and Legislative branch (3)

A

Executive:
-nominates members of the Supreme Court and all federal judges
-can issue pardons to people convicted of federal crimes

Legislative:
-can impeach/ remove judges from office
-can approve or reject presidential nominations for the court
-can participate/ propose amending the constitution

62
Q

the doctrine of state nullification

A

gave states the power to declare a law unconditional.
- states do not have the right to the doctrine of state nullification, only the judicial branch does
(?)

63
Q

Types of government:
unitary gov

A

one central government with authority over a nation, no levels of gov or shared powers

-central government sovereignty: the government that is a controlling power over a unitary state

64
Q

Types of government:
confederate gov

A

an association of states with some authority delegated to a natural gov. states have more power
- state sovereignty: to the legal authority and responsibility of an independent state to govern and regulate its political affairs

65
Q

Types of government”:
federal gov

A

two levels (states and national), powers given by the constitution
-dual sovereignty: (?)

66
Q

federal supremacy

A

the federal government & constitution are supreme over state and local govs & constitutions

67
Q

enumerated powers

A

the powers given to congress in the constitution

68
Q

necessary and proper clause/ elastic clause

A

federal government can do anything to carry out their enumerated powers

69
Q

supremacy clause

A

federal constitutions and laws genarlly take precedence over state laws and constitutions
(federal supremacy)

70
Q

commerce clause

A

congress can regulate interstate commerce
- Gibbons v Odgen: expanded congressional power to regulate commerce, and this clause

71
Q

the power to tax and spend

A

congress can tax and spend money for general wellfare

72
Q

CHAPTER 3: FEDERALISM - cards (72-106 )

A
73
Q

dual federalism

A

views the constitution as fiving a limited list of powers to the national government and leaving the rest to sovereign states

74
Q

cooperative federalism

A

stresses federalism as a system of inter governmental relationships

75
Q

marble cake federalism

A

stresses federalism as a mixed set of responsibilities in which levels of government are engaged

76
Q

permissive federalism

A

views the national gov and local gov as competitive entities

77
Q

the new federalism

A

favors the power of the federal gov to be limited in favor of broad powers reserved for the states

78
Q

(reserach all the types of federalism more)

A
79
Q

federalism

A

divides power between states and national government

80
Q

advantages of federalism (4)

A
  • allows unity without uniformity
    -encourages political extermination
    -provides training for national officials
    -keeps government closer to the peopwl
81
Q

disadvantages of federalism (4)

A

-dividing power makes it more difficult for the government to respond quickly to national problems
-division of power makes it harder to hold elected officials accountable
-lack of uniformity can lead to conflict
-variation in policies creates redundancies and inefficiencies

82
Q

delegated powers/ enumerated powers

A

given explicitly to the national government and listed in the constitution

83
Q

implied powers

A

inferred from the express powers that allow congress to carry out its functions

84
Q

inherit powers

A

the national government has the ability to be dealt with as a unitary body for foreign affairs (? i think this is wrong)

85
Q

express powers

A

listed in constitution

86
Q

Powers reserved for national government (5)

A

-coin money
-regulate the economy and foreign + interstate commerce
-declare war
-manage national military
-direct foreign relations

87
Q

Powers reserved for state governments (2)

A

-create local level government
-regulate intrastate commerce

88
Q

intERstate commerce

A

transporting goods across state lines

89
Q

intRAstate commerce

A

transporting goods only within a single state whose final destination is within the state from which it originated.

90
Q

Powers shared by national and state government (6)

A

-conduct social policy-making
-propose amendments
-make and enforce law
-collect taxes
-allocate money for public needs
-hold courts and elections

91
Q

reserved powers

A

Those that are not expressly delegated to the federal government nor expressly prohibited to the states and are therefore left to the states under the 10th Amendment to the U.S. Constitution.

92
Q

concurrent powers

A

Those that are held simultaneously by both state and federal governments

93
Q

full faith and credit clause

A

requires state courts to enforce the civil judgments of the courts of other states and accept their public records and acts as valid

94
Q

preemption

A

the right of the federal law or regulation to produce enforcement of a state or local law or regulation (?)

95
Q

centralist

A

people who favor national action ver action at the state/ local level

96
Q

decentralist

A

people who favor action at the state/ local level over action at the national level
-avocate for state right

97
Q

Purposes of federal grants (4)

A
  • supply state and local government with revenue
    -establish minimum national standards (for things like highways or clean air)
    -equalize resources among states
    -attack national problems, yet minimize the growth of federal agencies
98
Q

Types of Federal Grants:
1) categorical and formula grants

A

represent funds for specific purposes like schools or highways

99
Q

Types of Federal Grants:
2) project grants

A

represent funds for projects that are applies for nu mom governmental agencies, like scientific research

100
Q

Types of Federal Grants:
3) block grants

A

broad grants to states for prescribed activities with only a few strings attached, like health services, education or childcare

101
Q

shared cost

A

to receive federal aid, states must pay for a part of the program

102
Q

federal guidelines

A

to receive funding, states must follow federal rules and guidelines

103
Q

shared administration

A

though programs must follow federal guidelines, they are administrated according to the state

104
Q

unfunded mandates

A

mandates that require financial obligations from the states, but Congress doesn’t provide funding for them

105
Q

mandates

A

Requirements that are imposed by the national government on the state and local governments

106
Q

extradition

A

States may return fugitives to a state from which they have fled to avoid criminal prosecution at the request of the governor of the state.