exam 1.1 Flashcards
is the US a direct or a representative democracy
representative
what did James Madison mean when he used the term ‘republic’
representative democracy
WHO SAID THIS
“But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.”
James Madison
main inspiration for the declaration of independence
john locke
key arguments of John Locke
individuals owned themselves
they own their labour and the property their labour produces
governments are instituted to protect property
What was the main outcome of the articles of confederation
it created a loose federation of the individual states (like the UN)
What are some fiscal limitations of congressional power?
they can’t tax the individual
they can’t regulate commerce
what is Shay’s Rebellion?
Shays’ Rebellion was an armed uprising in Western Massachusetts in opposition to a debt crisis among the citizenry and the state government’s increased efforts to collect taxes both on individuals and their trades; the fight took place mostly in and around Springfield during 1786 and 1787.
What did the Virginia plan call for and who liked the plan?
a bi-cameral (two chambers) legislature based on population
(aka the current plan)
States with large populations were big fans of this plan
What did the New Jersey plan entail and who liked the plan?
it wanted each state to be represented by one person in a uni-cameral legislature
federal government would rule and tax the states
states with smaller populations were big fans of this plan
How did the writers of the constitution treat slavery?
they used euphemisms to dance around the idea
“other persons”
what is the 3/5 compromise?
The compromise solution was to count three out of every five slaves as people for this purpose. Its effect was to give the Southern states a third more seats in Congress and a third more electoral votes than if slaves had been ignored, but fewer than if slaves and free people had been counted equally.
What is the Great (Connecticut) Compromise?
Bi-cameral legislature with representation equal to today
single executive removable by impeachment
life tenure appointment by judiciary
How did the articles of confederation treat the constitution
it was never ratified under the requirements for amendments set out in the articles of confederation. They say that any change requires unanimous consent, but Article VII of the Constitution requires only 9 states to ratify for it to go into effect.
what were the federalist papers
newspaper op-eds encouraging the states to ratify the US constitution
what is a faction
A political faction is a group of individuals within a larger entity, such as a political party, a trade union or other group, or simply a political climate, united by a particular common political purpose that differs in some respect to the rest of the entity.
What did Madison think of factions
the best way to deal with faction is to extend the sphere of interests and parties
What did Madison think about the separation of powers
the best way to separate powers is to give each branch the means to stop the other branches, and to allow the ambition of one branch to check the ambition of the other
why did the anti-federalists oppose the constitution
The anti-Federalists were chiefly concerned with too much power invested in the national government at the expense of states.
why did Alexander Hamilton oppose the idea of a bill of rights
because it had the potential to take away power from a government that was already lacking power.
what is the usual ratification procedure for a constitutional amendment
by passage of 2/3 of the US House and Senate and ¾ of the state legislature.
what are the first three articles of the US Constitution about?
I - the legislature
II - the executive
III - the judiciary
What’s longer: the constitution of the US or the constitution of Missouri
The Missouri Constitution (42,600 words) is much longer than the US Constitution (4,543). This is not unusual for state constitutions because states operate on a broader array of subjects than the national government (the police power). However, the length and difficulty of the language make it less likely citizens read their state constitution.
What’s one key difference between the ways that the US and the Missouri constitutions are written?
The Preamble of the Missouri constitution is much more explicitly religious than the US Constitution’s preamble.
What is the difference in passing amendments between the US and the Missouri constitutions
Amending the Missouri Constitution is much easier than amending the US Constitution. The usual way to amend the Missouri Constitution is majorities in both legislative chambers and voters support it as a ballot referendum.
What is the origin point of the state of Missouri
louisiana purchase (1803)
What happened in the Missouri Compromise of 1820
The Missouri Compromise of 1820 admitted Missouri to the Union as a slave state while at the same time it admitted Maine as a free state. As part of the compromise slavery was prohibited (excluding Missouri) north of the Southern Missouri border (36°30′).
Where did Missouri stand during the civil war?
Missouri supported the Union in the Civil War, even amending the state constitution in 1865 to demand a loyalty oath out of its voters. (Drake’s Constitution)
what is federalism
Federalism is a system of government in which entities such as states or provinces share power with a national government.
what is a unitary system of government
A unitary system of government, or unitary state, is a sovereign state governed as a single entity. The central government is supreme, and the administrative divisions exercise only powers that the central government has delegated to them.
what is meant by the term ‘police power’
the power to regulate the health, safety, and morals of citizens and it belongs to state governments.
what is Dillon’s rule
Dillon’s rule-states have authority over local governments.
what is Home Rule
Home rule-allows local governments to rule as they see fit, as long as it does not conflict with state laws.
What happened in the trial of McCulloch v Maryland
(1819),
involved the legality of the national bank and a tax that the state of Maryland imposed on it.
In its ruling, the Supreme Court established firstly that the “Necessary and Proper” Clause of the U.S. Constitution gives the U.S. federal government certain implied powers that are not explicitly listed in the Constitution,
that the American federal government is supreme over the states, and so states’ ability to interfere with the federal government is limited
What is the “necessary and proper” clause
“The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”
What is the “necessary and proper” clause also referred to as
the “elastic clause” because it stretches congressional power
What happened in the trial of Gibbons v Ogden
(1824),
held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation
what is the key differences between dual federalism and cooperative federalism
during the era of dual federalism, the national and state governments usually operated individually of one another. The two levels have often been compared to a layer cake. The shift to cooperative federalism led to more sharing of responsibilities. The result was a mingling of federal and state powers like the swirls of a marble cake
what is a grant in aid
Congress provides money to state and local government for particular purpose(New Deal, Example: Assistance to poor children.)
what are block grants
federal grants in aid that allow states considerable discretion e.g. New Federalism (New Federalism is a political philosophy of devolution, or the transfer of certain powers from the United States federal government back to the states.)
what does devolution mean
To remove a program from one level of government by delegating it or passing it down to a lower level
what is creative federalism
(usually associated with LBJ’s Great Society program) expanded partnership between national government and states with national government funding and regulating programs, including the national government using its spending power to by-pass state legislatures.
what are some variations of legislative powers in state governments
everyone is bicameral
but Nebraska who is unicameral and non-partisan
terms for politicians vary
some have professional legislators and some have citizen legislators
what are some variations of executive powers in state governments
- Generally 4 years terms, 2 term limit, but not always.
- Some states have multiple executives which divides power-Governor, Treasurer, Secy. of State, State Attorney General.
- Wide variations as to powers of Governors.
what are some variations of judicial powers in state governments
- Most states have a misdemeanor courts, trial courts and appellate courts.
- If there is a federal question, state court decisions can be appealed to the US Supreme Court.
- Wide variety of judicial selection-appointment, elections (partisan and non partisan, merit selection. Also some use retention elections.
3 main problems with the articles of confederation
no executive power
too much state power
only way to amend articles is to get all 13 states to agree
define demagoguery
obtaining power by means of impassioned appeals to the emotions or prejudices of the populace
