Federalism/constitution Flashcards

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0
Q

Natural law

A

An idea that society should be governed by certain ethical principles that are part of nature and can be understood by reason. Root of the American government

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1
Q

Natural rights

A

Rights inherent in human beings, not dependent on governments. Includes life, liberty, and property. This concept was central to john locked theories about government and was widely accepted by the framers.

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2
Q

Social contract theory

A

The belief that people are free and equal by god-given right and that this requires that all people must give consent to be governed by lock and influential in writing the declaration of indep

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3
Q

Direct democracy

A

Members of the polity meet to discuss all policy decisions then after to abide by majority rule; ex. New England town meeting

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4
Q

Indirect democracy

A

(Representative) gives citizens the opportunity to vote for representatives who will work on our behalf; ex. The US now

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5
Q

Republic

A

Government rooted in the consent of the governed

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6
Q

Oligarchy

A

Government in which the right to participate is always conditioned on the possession of wealth or position or achievements

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7
Q

Aristocracy

A

Government controlled by the tule of the highest

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8
Q

Elastic clause

A

Give congress the right to do what is necessary and proper to carry out the stayer powers or what is necessary for the changing times

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9
Q

Expressed powers

A

Congress has the power to tax, regulate commerce, lay duties, imposts and exercises to pay off the debts and provide for the defense of the general welfare of the US

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10
Q

Enumerated powers

A

Powers that belong to the national government such as printing money, making treaties and conducting foreign policy, regulating interstate and international trade

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11
Q

reserved powers

A

Powers that belong exclusively to states including the right to issue licenses, regulation of intrastate businesses, and responsibility to run and pay for federal elections

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12
Q

Concurrent powers

A

Some powers are shared by the federal and state governments such as collecting taxes? building roads, operating courts of, and borrowing money

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13
Q

Full faith and credit clause

A

States are required by the Constitution to accept the court judgments, licensing, contracts, and other civil acts of all other states

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14
Q

Privileges and immunities clause

A

States may not refuse police protectionist access to their courts to a US citizen just because he Lives in a different state

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15
Q

Extradition

A

States must return fugitives to the states from which they have fled

16
Q

Advantages of federalism

A

Mass participation
Regional Autonomy
Government at many levels
Innovative methods

17
Q

Disadvantages of Federalism

A

Lack of consistency
Inefficiency
Bureaucracy

18
Q

Formal amendments

A

A proposed amendment must be introduced to both houses of Congress and approved by two thirds majority in each
Then three fourths of state legislatures must ratify(approve)

19
Q

Federalism

A

equal powers of government between a strong national government and the individual states. government power derives from the people. relationship between both governments

20
Q

Dual Federalism

A

Layer cake; belief that having separate and equally powerful levels of government is the best arrangement. National government should not exceed enumerated powers

21
Q

Cooperative Federalism

A

Marble cake; intertwined powers of the state and national government. grants allocated federal funds to the states for a specific purpose (ex. Morril Land Grant Act)

22
Q

Supremacy Clause

A

declares that federal law takes precedence over all forms of state law (in article 6)

23
Q

Block Grant

A

sum of money that gives huge leeway (no strings attached); during devolution revolution

24
Q

Categorical Grant aka formula grant

A

ongress funds for a specific purpose after 1960’s, allocated federal money by a precise formula and are subjected to detail conditions imposed by a national government; aka formula grands, strings attached for specific programs; during existential times

25
Q

Grant-in-Aid

A

Project grant: states apply for grants for specific projects

26
Q

Revenue Sharing

A

general grant to money to states to spend as they pleased; during New Federalism

27
Q

Mandates (unfunded

A

barred congress from passing costly programs without debate on how to fund them; A requirement set forth by a governing agency that does not provide any type of funding to facilitate the requirement. For example, “In order to comply with the unfunded mandate on security upgrades, the business will have to incur out-of-pocket expenses

28
Q

Nullification

A

the failure or refusal of a US state to aid in enforcement of federal laws within its limits, especially on Constitutional grounds. To render or declare legally void or inoperative.

29
Q

Devolution

A

new federalism; campaign for more states rights(1994) but the federal government still has more power than the state government

30
Q

Tenth Amendment

A

if not stated to be given to the federal government in the Constitution or not explicitly said states cannot have it, it is still given to the state (ex. police powers, public health, safety, morals)

31
Q

Ex post facto law

A

inflicts punishment for act committed before it was legal

32
Q

Bill of Attainder

A

lay that inflicts punishment without a trial