Constitutional Foundations: Chapters 1-3, Unit 1 Flashcards
CHAPTERS 1&2: cards (1-73)
democracy
ruled by the people
direct government
each individual votes on public policy issues
representative democracy
people elect officials (representatives) who make decisions about public policy.
participatory democracy
ensures citizens have the opportunity to participate in the decision-making process
pluralism theory
there are many groups competing for power, so no one group has all the power
elite theory
only a small number of powerful elites (lots of education, money or power) form an upper class, which rules in its own self-interest
bureaucratic theory
The hierarchical structure and standardized procedures of modern governments allow bureaucrats to hold the real power over public policy
hyperpluralism
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.
social contract
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
natural rights
rights given to every human,
life, liberty and property -Locke
limited government
Gov’s power is limited by rule of law, this means that government is not all-powerful
popular sovereignty
the legitimacy (how much power the government has) is decided by the people
republicanism
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.
Articles of Confederation
the first constitution of America.
-weak national gov
-more power to the states
-unicameral legislation
Shay’s Rebellion
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
Virginia Plan
strong central government with a legislature with two champers
-favored bigger states
New Jersey Plan
a single-house legislature
Great Compromise/ Connecticut Compromise
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)
Three-Fifths Compromise
3/5 of the slave population in states would be counted for determining taxation and representation in the house of representatives
Commerce and Slave Compromise
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)
electoral college
system used for electing presidents & vice presidents where voters vote for electors who pledge they will vote for a particular parties candadite
ratification
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
Federalist
supporters of the new government and ratification of the constitution
“Federalist Papers”
series of essays promoting the ratification of the constitution and defending the new government
Federalist No.10
-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
Anti-Federalist
opponents of the ratification id the constitution and a new stronger central government
Bill of Rights
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
Brutus No.1
- an anti-federalist paper
argues that we should have a small republic in order to protect our liberty, so everyone agrees on things
the US constitution
defines the fundamental law of the U.S. federal government, setting forth the three principal branches of the federal government and outlining their jurisdictions
separation of powers
the distribution of constitutional authority among the three branches of the national government
checks and balances
gives each branch constitutional powers to check the others, ensuring no branch can be dominant
Federalist No. 51
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
amendments
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.
judicial review
-established in Marbury v. Madison
power of the court to check if a law/ government regulation else is unconstitutional or not
anarchy
lack of government
autocracy
ruled by one
rule of law
everyone has to follow the law no matter the circumstances
legitimacy
the belief that the government has power
Examples of direct democracy:
1) Direct primary
where voters, rather than officials or party members select who may run for office
Examples of direct democracy:
2) Initiative
voters may, by petition, propose a law or amendment.
Examples of direct democracy:
3) referendum
a proposed law gets passed by popular vote and proposed to the state constitution
Examples of direct democracy:
4) recall
voters can remove state and local elected officials from office between elections
(before their term expires)
constitutional democracy
government where the authority of the majority is limited by legal and institutional means so that the rights of individuals and minorities are respected.
statism
when a nation belives their rights are supreme over the rights of individuals
majority rule
the candidate or party that wins more than half the votes wins
plurality rule
the candidate or party with the most votes wins, not necessarily more than half (?)
The Constitutional Convention
held in Philidelphia from May 25 to September 17 1787
-debated and agreed on the US Constitution
Three main compromises in the Constitutional Convention
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
Main conflict in the Constitutional Convention
representation in congress
- where the New Jersey and Virginia plans came from, and what lead to the Connecticut/ Great Compromise (kinda)
delegate
when a representative votes the way the people want them to.
trustee
when a representative votes against what the people think/ want and vote for what they think is right
politico
someone who is not consistently a delegate, but also not consistently a trustee
divided government
when one party controls presidency and the other controls congress
unified government
when one party controls both the presidency and congress
a “writ of mandamus”
court order directly to an official/ corporation to perform an official duty
How to propose an amendment
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)
How to ratify an amendment
(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
Checks on the Legislative branch by Executive branch (2) and Judicial branch (1)
Executive:
- veto legislation
- still the commander and chief even though congress declares war
Judicial:
- can declare legislative laws unconstitutional with judicial review
Checks on the Executive branch by Legislative branch (6) and Judicial branch (1)
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
Checks on the Judicial branch by the Executive branch (2) and Legislative branch (3)
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
the doctrine of state nullification
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
(?)
Types of government:
unitary gov
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
Types of government:
confederate gov
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
Types of government”:
federal gov
two levels (states and national), powers given by the constitution
-dual sovereignty: (?)
federal supremacy
the federal government & constitution are supreme over state and local govs & constitutions
enumerated powers
the powers given to congress in the constitution
necessary and proper clause/ elastic clause
federal government can do anything to carry out their enumerated powers
supremacy clause
federal constitutions and laws genarlly take precedence over state laws and constitutions
(federal supremacy)
commerce clause
congress can regulate interstate commerce
- Gibbons v Odgen: expanded congressional power to regulate commerce, and this clause
the power to tax and spend
congress can tax and spend money for general wellfare
CHAPTER 3: FEDERALISM - cards (72-106 )
dual federalism
views the constitution as fiving a limited list of powers to the national government and leaving the rest to sovereign states
cooperative federalism
stresses federalism as a system of inter governmental relationships
marble cake federalism
stresses federalism as a mixed set of responsibilities in which levels of government are engaged
permissive federalism
views the national gov and local gov as competitive entities
the new federalism
favors the power of the federal gov to be limited in favor of broad powers reserved for the states
(reserach all the types of federalism more)
federalism
divides power between states and national government
advantages of federalism (4)
- allows unity without uniformity
-encourages political extermination
-provides training for national officials
-keeps government closer to the peopwl
disadvantages of federalism (4)
-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
delegated powers/ enumerated powers
given explicitly to the national government and listed in the constitution
implied powers
inferred from the express powers that allow congress to carry out its functions
inherit powers
the national government has the ability to be dealt with as a unitary body for foreign affairs (? i think this is wrong)
express powers
listed in constitution
Powers reserved for national government (5)
-coin money
-regulate the economy and foreign + interstate commerce
-declare war
-manage national military
-direct foreign relations
Powers reserved for state governments (2)
-create local level government
-regulate intrastate commerce
intERstate commerce
transporting goods across state lines
intRAstate commerce
transporting goods only within a single state whose final destination is within the state from which it originated.
Powers shared by national and state government (6)
-conduct social policy-making
-propose amendments
-make and enforce law
-collect taxes
-allocate money for public needs
-hold courts and elections
reserved powers
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.
concurrent powers
Those that are held simultaneously by both state and federal governments
full faith and credit clause
requires state courts to enforce the civil judgments of the courts of other states and accept their public records and acts as valid
preemption
the right of the federal law or regulation to produce enforcement of a state or local law or regulation (?)
centralist
people who favor national action ver action at the state/ local level
decentralist
people who favor action at the state/ local level over action at the national level
-avocate for state right
Purposes of federal grants (4)
- 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
Types of Federal Grants:
1) categorical and formula grants
represent funds for specific purposes like schools or highways
Types of Federal Grants:
2) project grants
represent funds for projects that are applies for nu mom governmental agencies, like scientific research
Types of Federal Grants:
3) block grants
broad grants to states for prescribed activities with only a few strings attached, like health services, education or childcare
shared cost
to receive federal aid, states must pay for a part of the program
federal guidelines
to receive funding, states must follow federal rules and guidelines
shared administration
though programs must follow federal guidelines, they are administrated according to the state
unfunded mandates
mandates that require financial obligations from the states, but Congress doesn’t provide funding for them
mandates
Requirements that are imposed by the national government on the state and local governments
extradition
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.
