FedGovCh1 Flashcards

1
Q

writ of habeas corpus

A

a petition that enables someone in custody to petition a judge to determine whether that person’s detention is legal

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2
Q

venue shopping

A

a strategy in which interest groups select the level and branch of government they calculate will be most receptive to their policy goals

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3
Q

unitary system

A

a centralized system of government in which the subnational government is dependent on the central government, where substantial authority is concentrated

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4
Q

unfunded mandates

A

federal laws and regulations that impose obligations on state and local governments without fully compensating them for the costs of implementation

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5
Q

race-to-the-bottom

A

a dynamic in which states compete to attract business by lowering taxes and regulations, often to workers’ detriment

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6
Q

privileges and immunities clause

C. LP, TR,

A

found in Article IV, Section 2, of the Constitution, this clause prohibits states from discriminating against out-of-staters by denying such guarantees as access to courts, legal protection, and property and travel rights

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7
Q

nullification

A

a doctrine promoted by John Calhoun of South Carolina in the 1830s, asserting that if a state deems a federal law unconstitutional, it can nullify it within its borders

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8
Q

new federalism

A

a style of federalism premised on the idea that the decentralization of policies enhances administrative efficiency, reduces overall public spending, and improves outcomes

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9
Q

immigration federalism

A

the gradual movement of states into the immigration policy domain traditionally handled by the federal government

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10
Q

general revenue sharing

A

a type of federal grant that places minimal restrictions on how state and local governments spend the money

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11
Q

full faith and credit clause

A

found in Article IV, Section 1, of the Constitution, this clause requires states to accept court decisions, public acts, and contracts of other states; also referred to as the comity provision

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12
Q

federalism

A

an institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on the people with authority granted by the national constitution

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13
Q

ex post facto law

A

a law that criminalizes an act retroactively; prohibited under the Constitution

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14
Q

elastic clause

A

the last clause of Article I, Section 8, which enables the national government “to make all Laws which shall be necessary and proper for carrying” out all its constitutional responsibilities

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15
Q

dual federalism

A

a style of federalism in which the states and national government exercise exclusive authority in distinctly delineated spheres of jurisdiction, creating a layer-cake view of federalism

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16
Q

devolution

A

a process in which powers from the central government in a unitary system are delegated to subnational units

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17
Q

creeping categorization

A

a process in which the national government attaches new administrative requirements to block grants or supplants them with new categorical grants

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18
Q

cooperative federalism

A

a style of federalism in which both levels of government coordinate their actions to solve national problems, leading to the blending of layers as in a marble cake

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19
Q

concurrent powers

A

shared state and federal powers that range from taxing, borrowing, and making and enforcing laws to establishing court systems

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20
Q

categorical grant

A

a federal transfer formulated to limit recipients’ discretion in the use of funds and subject them to strict administrative criteria

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21
Q

block grant

A

a type of grant that comes with less stringent federal administrative conditions and provide recipients more latitude over how to spend grant funds

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22
Q

bill of attainder

A

a legislative action declaring someone guilty without a trial; prohibited under the Constitution

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23
Q

What are the disadvantages of federalism?

A

The disadvantages are that it can set off a race to the bottom among states, cause cross-state economic and social disparities, and obstruct federal efforts to address national problems.

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24
Q

What are the advantages of federalism?

A

The benefits of federalism are that it can encourage political participation, give states an incentive to engage in policy innovation, and accommodate diverse viewpoints across the country. The

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25
Q

Which provisions of the U.S. Constitution govern how states behave toward each other?

A

Various constitutional provisions govern state-to-state relations. Article IV, Section 1, referred to as the full faith and credit clause or the comity clause, requires the states to accept court decisions, public acts, and contracts of other states.

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26
Q

According to the U.S. Constitution, which level of government takes preeminence, the
national level or the state level? What feature of the U.S. Constitution is the basis for
preeminence?

A

The supremacy clause in Article VI of the Constitution regulates relationships between the federal and state governments by declaring that the Constitution and federal law are the supreme law of the land. This means that if a state law clashes with a federal law found to be within the national government’s constitutional authority, the federal law prevails. The intent of the supremacy clause is not to subordinate the states to the federal government; rather, it affirms that one body of laws binds the country.

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27
Q

What are the powers shared by both the federal government and the state governments? Give
examples.

A

Shared and overlapping powers have become an integral part of contemporary U.S. federalism. These concurrent powers range from taxing, borrowing, and making and enforcing laws to establishing court systems

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28
Q

Which U.S. constitutional provision determines the powers of the states? What are the
reserved powers?

A

All powers not expressly given to the national government, however, were intended to be exercised by the states. These powers are known as reserved powers (Figure 2.10). Thus, states remained free to pass laws regarding such things as intrastate commerce (commerce within the borders of a state) and marriage. Some powers, such as the right to levy taxes, were given to both the state and federal governments. Both

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29
Q

What is the Necessary and Proper Clause? What are implied powers?

A

The last clause of Article I, Section 8, commonly referred to as the elastic clause or the necessary and proper clause, enables Congress “to make all Laws which shall be necessary and proper for carrying” out its constitutional responsibilities. While the enumerated powers define the policy areas in which the national government has authority, the elastic clause allows it to create the legal means to fulfill those responsibilities. \

the doctrine of implied powers, granting Congress a vast source of discretionary power to achieve its constitutional responsibilities. Under the supremacy clause of Article VI, legitimate national laws trump conflicting state laws. As the court observed, “the government of the Union, though limited in its powers, is supreme within its sphere of action and its laws, when made in pursuance of the constitution, form the supreme law of the land.”

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30
Q

What are the enumerated (delegated) powers? Give several examples. See Chapter 2.3 for
background.

A

Great or explicit powers, called enumerated powers, were granted to the federal government to declare war, impose taxes, coin and regulate currency, regulate foreign and interstate commerce, raise and maintain an army and a navy, maintain a post office, make treaties with foreign nations and with Native American tribes, and make laws regulating the naturalization of immigrants.

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31
Q

What are the characteristics of federal systems described in your text?

A

Federalism is an institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on behalf of the people with the authority granted to it by the national constitution.

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32
Q

How does American federalism balance the forces of centralization and decentralization?

A
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33
Q

What is a federal system? What are some other ways in which a government could be
organized? How does federalism divide power?

A

Federalism is an institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on behalf of the people with the authority granted to it by the national constitution.
Subnational, or state governments, are responsible for matters that lie within their regions, which include ensuring the well-being of their people by administering education, health care, public safety, and other public services. Division of power can also occur via a unitary structure or confederation

In contrast to federalism, a unitary system makes subnational governments dependent on the national government, where significant authority is concentrated. In a confederation, authority is decentralized, and the central government’s ability to act depends on the consent of the subnational governments.

The enumerated powers of the national legislature are found in Article I, Section 8. These powers define the jurisdictional boundaries within which the federal government has authorit. Shared and overlapping powers have become an integral part of contemporary U.S. federalism. These concurrent powers range from taxing, borrowing, and making and enforcing laws to establishing court systems

The consensus among the framers was that states would retain any powers not prohibited by the Constitution or delegated to the national government.

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34
Q

What are the advantages and disadvantages of federalism?

A

The benefits of federalism are that it can encourage political participation, give states an incentive to engage in policy innovation, and accommodate diverse viewpoints across the country. The disadvantages are that it can set off a race to the bottom among states, cause cross-state economic and social disparities, and obstruct federal efforts to address national problems.

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35
Q

How have policy areas been redefined as a result of changes that states and the federal
government play in them?

A

Some policy areas have been redefined as a result of changes in the roles that states and the federal government play in them. The constitutional disputes these changes often trigger have had to be sorted out by the Supreme Court. Contemporary federalism has also witnessed interest groups engaging in venue shopping. Aware of the multiple access points to our political system, such groups seek to access the level of government they deem will be most receptive to their policy views.

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36
Q

How does the federal government use grant programs to elicit cooperation from state and local
governments?

A

To accomplish its policy priorities, the federal government often needs to elicit the cooperation of states and local governments, using various strategies. Block and categorical grants provide money to lower government levels to subsidize the cost of implementing policy programs fashioned in part by the federal government. This strategy gives state and local authorities some degree of flexibility and discretion as they coordinate with the federal government. On the other hand, mandate compels state and local governments to abide by federal laws and regulations or face penalties.

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37
Q

How has the relationship between the national government and the states evolved over time?

A

Federalism in the United States has gone through several phases of evolution during which the relationship between the federal and state governments has varied. In the era of dual federalism, both levels of government stayed within their own jurisdictional spheres. During the era of cooperative federalism, the federal government became active in policy areas previously handled by the states. The 1970s ushered in an era of new federalism and attempts to decentralize policy management.

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38
Q

How does the federal system divide power between the national government and the states?

A

Federalism figures prominently in the U.S. political system. Specifically, the federal design spelled out in the Constitution divides powers between two levels of government—the states and the federal government—and creates a mechanism for them to check and balance one another. As an institutional design, federalism both safeguards state interests and creates a strong union led by a capable central government. Federalism is a system of government that creates two relatively autonomous levels of government, each possessing authority granted to them by the national constitution. Federal systems like the one in the United States are different from unitary systems, which concentrate authority in the national government, and from confederations, which concentrate authority in subnational governments.

The U.S. Constitution allocates powers to the states and federal government, structures the relationship between these two levels of government, and guides state-to-state relationships. Federal, state, and local governments rely on different sources of revenue to enable them to fulfill their public responsibilities.

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39
Q

What is the political system for the United States.?

A

Indirect (Representative)
Democracy
* A system of government that allows
citizens to vote for representatives who
will work on their behalf.
– Representative democracies commonly called
republics

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40
Q

What type of economic system does the United States have? What are its
characteristics?

A

Capitalism
* Characterized by
– private ownership of property
– free market economy
* laws of supply and demand set prices of
goods and drive production

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41
Q

. What is a direct democracy?

A

A system in which all come together
periodically to discuss policy and abide by
majority rule.
– E.g., New England town meeting
* Proved unworkable as colonies grew larger

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42
Q

private goods

A

goods provided by private businesses that can be used only by those who pay for them

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43
Q

politics

A

the process by which we decide how resources will be allocated and which policies government will pursue

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44
Q

political power

A

influence over a government’s institutions, leadership, or policies

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45
Q

pluralist theory

A

claims political power rests in the hands of groups of people

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46
Q

majority rule

A

a fundamental principle of democracy; the majority should have the power to make decisions binding upon the whole

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47
Q

majority rule

A

a fundamental principle of democracy; the majority should have the power to make decisions binding upon the whole

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48
Q

latent preferences

A

beliefs and preferences people are not deeply committed to and that change over time

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49
Q

intense preferences

A

beliefs and preferences based on strong feelings regarding an issue that someone adheres to over time

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50
Q

ideology

A

the beliefs and ideals that help to shape political opinion and eventually policy

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51
Q

government

A

the means by which a society organizes itself and allocates authority in order to accomplish collective goals

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52
Q

elite theory

A

claims political power rests in the hands of a small, elite group of people

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53
Q

direct democracy

A

a form of government where people participate directly in making government decisions instead of choosing representatives to do this for them

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54
Q

democracy

A

a form of government where political power rests in the hands of the people

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55
Q

common good

A

goods that all people may use but that are of limited supply

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56
Q

How can civic and political engagement affect change in American society and government?

A

Participation in government matters. Although people may not get all that they want, they can achieve many goals and improve their lives through civic engagement. According to the pluralist theory, government cannot function without active participation by at least some citizens. Even if we believe the elite make political decisions, participation in government through the act of voting can change who the members of the elite are. Civic engagement can increase the power of ordinary people to influence government actions. Even those without money or connections to important people can influence the policies that affect their lives and change the direction taken by government.

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57
Q
  1. Does elite theory or pluralism best describe who governs in America?
A

Many Americans fear that a set of elite citizens is really in charge of government in the United States and that others have no influence. This belief is called the elite theory of government. In contrast to that perspective is the pluralist theory of government, which says that political power rests with competing interest groups who share influence in government. Pluralist theorists assume that citizens who want to get involved in the system do so because of the great number of access points to government. That is, the U.S. system, with several levels and branches, has many places where people and groups can engage the government. Pluralist theory rejects this approach, arguing that although there are elite members of society they do not control government. Instead, pluralists argue, political power is distributed throughout society. Rather than resting in the hands of individuals, a variety of organized groups hold power, with some groups having more influence on certain issues than others.

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58
Q
  1. What is government and how does it affect individuals and society as a whole?
A

The term government describes the means by which a society organizes itself and how it allocates authority in order to accomplish collective goals and provide benefits that the society as a whole needs. Among the goals that governments around the world seek to accomplish are economic prosperity, secure national borders, and the safety and well-being of citizens. In theory, a democratic government promotes individualism and the freedom to act as one chooses instead of being controlled, for good or bad, by government. Besides providing stability and goods and services for all, government also creates a structure by which goods and services can be made available to the people. Local, state, and national governments also make laws to maintain order and to ensure the efficient functioning of society, including the fair operation of the business marketplace. government is the means by which a society organizes itself and allocates authority in order to accomplish collective goals

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59
Q

How is the Constitution amended informally?

A

A second method of proposal of an amendment allows for the petitioning of Congress by the states: Upon receiving such petitions from two-thirds of the states, Congress must call a convention for the purpose of proposing amendments, which would then be forwarded to the states for ratification by the required three-quarters. All the current constitutional amendments were created using the first method of proposal (via

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60
Q

What are the formal procedures for amending the Constitution? How many times
has the Constitution been amended?

A

Since ratification in 1789, the Constitution has been amended only twenty-seven times. Madison followed the procedure outlined in Article V that says amendments can originate from one of two sources. First, they can be proposed by Congress. Then, they must be approved by a two-thirds majority in both the House and the Senate before being sent to the states for potential ratification. States have two ways to ratify or defeat a proposed amendment. First, if three-quarters of state legislatures vote to approve an amendment, it becomes part of the Constitution. Second, if three-quarters of state-ratifying conventions support the amendment, it is ratified.

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61
Q

What were the
Federalist Papers? Who authored them?

A

Facing considerable opposition to the Constitution in that state, Alexander Hamilton, James Madison, and John Jay wrote a series of essays, beginning in 1787, arguing for a strong federal government and support of the Constitution (Figure 2.13). Later compiled as The Federalist and now known as The Federalist Papers, these eighty-five essays were originally published in newspapers in New York and other states under the name of Publius, a supporter of the Roman Republic.

62
Q

Who were the Federalists? Who were the Anti-Federalists?

A

On the question of ratification, citizens quickly separated into two groups: Federalists and Anti-Federalists. The Federalists supported it. They tended to be among the elite members of society—wealthy and well-educated landowners, businessmen, and former military commanders who believed a strong government would be better for both national defense and economic growth. A national currency, which the federal government had the power to create, would ease business transactions. The ability of the federal government to regulate trade and place tariffs on imports would protect merchants from foreign competition. Furthermore, the power to collect taxes would allow the national government to fund internal improvements like roads, which would also help businessmen. Support for the Federalists was especially strong in New England. Opponents of ratification were called Anti-Federalists. Anti-Federalists feared the power of the national government and believed state legislatures, with which they had more contact, could better protect their freedoms. Although some Anti-Federalists,Related to these concerns were fears that the strong central government Federalists advocated for would levy taxes on farmers and planters, who lacked the hard currency needed to pay them. Many also believed Congress would impose tariffs on foreign imports that would make American agricultural products less welcome in Europe and in European colonies in the western hemisphere. For these reasons, Anti-Federalist sentiment was especially strong in the South.

63
Q

What were the criticisms of the new Constitution? What was the greatest source

A

Perhaps the greatest source of dissatisfaction with the Constitution was that it did not guarantee protection of individual liberties. State governments had given jury trials to residents charged with violating the law and allowed their residents to possess weapons for their protection. Some had practiced religious tolerance as well. The Constitution, however, did not contain reassurances that the federal government would do so. Although it provided for habeas corpus and prohibited both a religious test for holding office and granting noble titles, some citizens feared the loss of their traditional rights and the violation of their liberties. This led many of the Constitution’s opponents to call for a bill of rights and the refusal to ratify the document without one. The lack of a bill of rights was especially problematic in Virginia, as the Virginia Declaration of Rights was the most extensive rights-granting document among the states. The promise that a bill of rights would be drafted for the Constitution persuaded delegates in many states to support ratification.

64
Q

What was the significance of Marbury v. Madison?

A

Marbury v. Madison
the 1803 Supreme Court case that established the courts’ power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional. Thus, Congress can pass laws, but its power to do so can be checked by the president, who can veto potential legislation so that it cannot become a law. Later, in the 1803 case of Marbury v. Madison, the U.S. Supreme Court established its own authority to rule on the constitutionality of laws, a process called judicial review.

65
Q

What is separation of powers? What are some examples of checks and balances?
How does Richard Neustadt describe checks and balances?

A

The framers resolved this problem through a separation of powers, dividing the national government into three separate branches and assigning different responsibilities to each one, as shown in Figure 2.9. They also created a system of checks and balances by giving each of three branches of government the power to restrict the actions of the others, thus requiring them to work together. According to political scientist Richard Neustadt, the system of separation of powers and checks and balances does not so much allow one part of government to control another as it encourages the branches to cooperate.

66
Q

What was the Three Fifths Compromise? How did the Constitution deal with the
slave trade and fugitive slaves?

A

The Three-Fifths Compromise, illustrated in Figure 2.8, resolved the impasse, although not in a manner that truly satisfied anyone. For purposes of Congressional apportionment, slaveholding states were allowed to count all their free population, including free African Americans and 60 percent (three-fifths) of their enslaved population. To mollify the north, the compromise also allowed counting 60 percent of a state’s enslaved population for federal taxation, although no such taxes were ever collected. Indeed, the Constitution contained two protections for slavery. Article I postponed the abolition of the foreign slave trade until 1808, and in the interim, those in slaveholding states were allowed to import as many enslaved people as they wished.8 Furthermore, the Constitution placed no restrictions on the domestic slave trade, so residents of one state could still sell enslaved people to other states. Article IV of the Constitution—which, among other things, required states to return freedom seekers to the states where they had been charged with crimes—also prevented the enslaved from gaining their freedom by escaping to states where slavery had been abolished.

67
Q

What was the Great Compromise?

A

After debating at length over whether the Virginia Plan or the New Jersey Plan provided the best model for the nation’s legislature, the framers of the Constitution had ultimately arrived at what is called the Great Compromise, suggested by Roger Sherman of Connecticut. Congress, it was decided, would consist of two chambers: the Senate and the House of Representatives.

68
Q

What was the New Jersey Plan? Who supported it and why?

A

Another proposal, the New Jersey Plan, called for a unicameral legislature with one house, in which each state would have one vote. Thus, smaller states would have the same power in the national legislature as larger states. However, the larger states argued that because they had more residents, they should be allotted more legislators to represent their interests

69
Q

What was the Virginia Plan? Who supported it and why?

A

One of the first differences among the delegates to become clear was between those from large states, such as New York and Virginia, and those who represented small states, like Delaware. When discussing the structure of the government under the new constitution, the delegates from Virginia called for a bicameral legislature consisting of two houses. The number of a state’s representatives in each house was to be based on the state’s population. In each state, representatives in the lower house would be elected by popular vote. These representatives would then select their state’s representatives in the upper house from among candidates proposed by the state’s legislature. Once a representative’s term in the legislature had ended, the representative could not be reelected until an unspecified amount of time had passed.

70
Q

What was Shays’ Rebellion and why was it important to the eventual replacement
of the Articles of Confederation?

A

In the summer of 1786, farmers in western Massachusetts were heavily in debt, facing imprisonment and the loss of their lands. They owed taxes that had gone unpaid while they were away fighting the British during the Revolution. The Continental Congress had promised to pay them for their service, but the national government did not have sufficient money. Moreover, the farmers were unable to meet the onerous new tax burden Massachusetts imposed in order to pay its own debts from the Revolution.

Led by Daniel Shays (Figure 2.6), the heavily indebted farmers marched to a local courthouse demanding relief. Faced with the refusal of many Massachusetts militiamen to arrest the rebels, with whom they sympathized, Governor James Bowdoin called upon the national government for aid, but none was available. The uprising was finally brought to an end the following year by a privately funded militia after the protestors’ unsuccessful attempt to raid the Springfield Armory.

with no power to raise an army, the government had no troops at its disposal. After several months, Massachusetts crushed the uprising with the help of local militias and privately funded armies, but wealthy people were frightened by this display of unrest on the part of poor men and by similar incidents taking place in other states.6 To find a solution and resolve problems related to commerce, members of Congress called for a revision of the Articles of Confederation.

71
Q

What went wrong with the Articles of Confederation?

A

The national government could not impose taxes on citizens. It could only request money from the states.
The national government could not regulate foreign trade or interstate commerce.
The national government could not raise an army. I State governments could choose not to honor Congress’s request for troops.
Each state had only one vote in Congress regardless of its size.
The Articles could not be changed without a unanimous vote to do so.

72
Q

What were the powers of the Confederation Congress under the Articles of
Confederation?
EA. TFG. DW. CC, BM . SDBS

A

The Confederation Congress, formerly the Continental Congress, had the authority to exchange ambassadors and make treaties with foreign governments and Indian tribes, declare war, coin currency and borrow money, and settle disputes between states. Each state legislature appointed delegates to the Congress; these men could be recalled at any time. Regardless of its size or the number of delegates it chose to send, each state would have only one vote. Delegates could serve for no more than three consecutive years, lest a class of elite professional politicians develop. The nation would have no independent chief executive or judiciary. Nine votes were required before the central government could act, and the Articles of Confederation could be changed only by unanimous approval of all thirteen states.

73
Q

Why did the American colonists choose a confederation as the form of their first
government?

A

Fearful of creating a system so powerful that it might abuse its citizens, the men who drafted the Articles of Confederation deliberately sought to limit the powers of the national government. The states maintained the right to govern their residents, while the national government could declare war, coin money, and conduct foreign affairs but little else. Its inability to impose taxes, regulate commerce, or raise an army hindered its ability to defend the nation or pay its debts.

74
Q

In the Declaration of Independence, what rights did Thomas Jefferson state that
the British monarchy had denied to the American colonists?

TWR. IT. DJT. RSG

A

Jefferson then proceeded to list the many ways in which the British monarch had abused his power and failed in his duties to his subjects. The king, Jefferson charged, had taxed the colonists without the consent of their elected representatives, interfered with their trade, denied them the right to trial by jury, and deprived them of their right to self-government. Such intrusions on their rights could not be tolerated. With their signing of the Declaration of Independence (Figure 2.5), the founders of the United States committed themselves to the creation of a new kind of government.

75
Q

How did it lead to the
Declaration of Independence?

A

delegates met again in the Second Continental Congress. By this time, war with Great Britain had already begun, following skirmishes between colonial militiamen and British troops at Lexington and Concord, Massachusetts. Congress drafted a Declaration of Causes explaining the colonies’ reasons for rebellion. On July 2, 1776, Congress declared American independence from Britain and two days later signed the Declaration of Independence.

76
Q

What was the purpose of the First Continental Congress?

A

delegates from all the colonies except Georgia formed the First Continental Congress to create a unified opposition to Great Britain. Among other things, members of the institution developed a declaration of rights and grievances.

77
Q

What was the intent of the Coercive Acts?

A

In the early months of 1774, Parliament responded to this latest act of colonial defiance by passing a series of laws called the Coercive Acts, intended to punish Boston for leading resistance to British rule and to restore order in the colonies. These acts virtually abolished town meetings in Massachusetts and otherwise interfered with the colony’s ability to govern itself. This

78
Q

What led to the Boston Massacre?

A

The taxes imposed by the Townshend Acts were as poorly received by the colonists as the Stamp Act had been. The Massachusetts legislature sent a petition to the king asking for relief from the taxes and requested that other colonies join in a boycott of British manufactured goods. British officials threatened to suspend the legislatures of colonies that engaged in a boycott and, in response to a request for help from Boston’s customs collector, sent a warship to the city in 1768. A few months later, British troops arrived, and on the evening of March 5, 1770, an altercation erupted outside the customs house.

79
Q

What did the Stamp Act do? the Townshend Act?

A

The first such tax to draw the ire of colonists was the Stamp Act, passed in 1765, which required that almost all paper goods, such as diplomas, land deeds, contracts, and newspapers, have revenue stamps placed on them. The outcry was so great that the new tax was quickly withdrawn, but its repeal was soon followed by a series of other tax acts, such as the Townshend Acts (1767), which imposed taxes on many everyday objects such as glass, tea, and paint.

80
Q

Why did the American colonists feel like direct taxation was an affront to their
status as free men?

A

Because the colonists had not consented to direct taxation, their primary objection was that it reduced their status as free men. The right of the people or their representatives to consent to taxation was enshrined in both Magna Carta and the English Bill of Rights.

81
Q

What was the social contract?

A

People sacrificed a small portion of their freedom and consented to be ruled in exchange for the government’s protection of their lives, liberty, and property. Locke called this implicit agreement between a people and their government the social contract

82
Q

How did the
Magna Carta influence the U.S. Bill of Rights?

A

Magna Carta’s many provisions are protections for life, liberty, and property. For example, one of the document’s most famous clauses promises, “No freemen shall be taken, imprisoned . . . or in any way destroyed . . . except by the lawful judgment of his peers or by the law of the land.” Although it took a long time for modern ideas regarding due process to form, this clause lays the foundation for the Fifth and Sixth Amendments to the U.S. Constitution. While

83
Q

What was the English Bill of Rights?

A

Parliament passed the English Bill of Rights in 1689. A bill of rights is a list of the liberties and protections possessed by a nation’s citizens. The English Bill of Rights, heavily influenced by Locke’s ideas, enumerated the rights of English citizens and explicitly guaranteed rights to life, liberty, and property. This document would profoundly influence the U.S. Constitution and Bill of Rights.

84
Q

What was the Magna Carta?

A

Magna Carta—a promise to his subjects that he and future monarchs would refrain from certain actions that harmed, or had the potential to harm, the people of England. Prominent in Magna Carta’s many provisions are protections for life, liberty, and property. For

85
Q

According to Locke, what was the source of the people’s rights to
life, liberty, and property?

A

The most significant contributions of Locke, a seventeenth-century English philosopher, were his ideas regarding the relationship between government and natural rights, which were believed to be God-given rights to life, liberty, and property.

86
Q

What did John Locke believe about the relationship between government and
natural rights?

A

rule. Locke, however, theorized that human beings, not God, had created government. People sacrificed a small portion of their freedom and consented to be ruled in exchange for the government’s protection of their lives, liberty, and property. Locke called this implicit agreement between a people and their government the social contract.

87
Q
  1. What process did the Constitution create for proposing and ratifying amendments and what
    amendments have been adopted over the years?
A

Madison followed the procedure outlined in Article V that says amendments can originate from one of two sources. First, they can be proposed by Congress. Then, they must be approved by a two-thirds majority in both the House and the Senate before being sent to the states for potential ratification. States have two ways to ratify or defeat a proposed amendment. First, if three-quarters of state legislatures vote to approve an amendment, it becomes part of the Constitution. Second, if three-quarters of state-ratifying conventions support the amendment, it is ratified. A second method of proposal of an amendment allows for the petitioning of Congress by the states: Upon receiving such petitions from two-thirds of the states, Congress must call a convention for the purpose of proposing amendments, which would then be forwarded to the states for ratification by the required three-quarters. All the current constitutional amendments were created using the first method of proposal (via Congress).
Since ratification in 1789, the Constitution has been amended only twenty-seven times. The first ten amendments were added in 1791. Responding to charges by Anti-Federalists that the Constitution made the national government too powerful and provided no protections for the rights of individuals, the newly elected federal government tackled the issue of guaranteeing liberties for American citizens. James Madison, a member of Congress from Virginia, took the lead in drafting nineteen potential changes to the Constitution.

88
Q
  1. What were the arguments for and against the ratification of the Constitution and why did the
    Federalists ultimately prevail?
A

On the question of ratification, citizens quickly separated into two groups: Federalists and Anti-Federalists. The Federalists supported it. They tended to be among the elite members of society—wealthy and well-educated landowners, businessmen, and former military commanders who believed a strong government would be better for both national defense and economic growth. A national currency, which the federal government had the power to create, would ease business transactions. The ability of the federal government to regulate trade and place tariffs on imports would protect merchants from foreign competition. Furthermore, the power to collect taxes would allow the national government to fund internal improvements like roads, which would also help businessmen.
Opponents of ratification were called Anti-Federalists. Anti-Federalists feared the power of the national government and believed state legislatures, with which they had more contact, could better protect their freedoms. they feared that the centralization of power would lead to the creation of a political aristocracy, to the detriment of state sovereignty and individual liberty. Related to these concerns were fears that the strong central government Federalists advocated for would levy taxes on farmers and planters, Some Anti-Federalists also believed that the large federal republic that the Constitution would create could not work as intended. Americans had long believed that virtue was necessary in a nation where people governed themselves. The federal system, in which power was divided between the national and state governments, and the division of authority within the federal government into separate branches would prevent any one part of the government from becoming too strong. Furthermore, tyranny could not arise in a government in which “the legislature necessarily predominates.”

89
Q
  1. What sort of government did the Framers of the Constitution of 1787 create?
A

Fifty-five delegates arrived in Philadelphia in May 1787 for the meeting that became known as the Constitutional Convention. Many wanted to strengthen the role and authority of the national government but feared creating a central government that was too powerful. They wished to preserve state autonomy, although not to a degree that prevented the states from working together collectively or made them entirely independent of the will of the national government. While seeking to protect the rights of individuals from government abuse, they nevertheless wished to create a society in which concerns for law and order did not give way in the face of demands for individual liberty.

document. The United States that emerged from the Constitutional Convention in September was not a confederation, but it was a republic whose national government had been strengthened greatly. Congress had been transformed into a bicameral legislature with additional powers, and a national judicial system had been created. Most importantly, a federal system had been established with the power to govern the new country.

90
Q
  1. What were the Articles of Confederation and why did they prove inadequate for governing the
    new country?
A

the Articles of Confederation, which formed the basis of the new nation’s government, was accepted by Congress in November 1777 and submitted to the states for ratification. It would not become the law of the land until all thirteen states had approved it. Americans wished their new government to be a republic, a regime in which the people, not a monarch, held power and elected representatives to govern according to the rule of law. The framers of the Articles of Confederation created an alliance of sovereign states held together by a weak central government. The Articles of Confederation satisfied the desire of those in the new nation who wanted a weak central government with limited power. Ironically, however, their very success led to their undoing. It soon became apparent that, while they protected the sovereignty of the states, the Articles had created a central government too weak to function effectively.

91
Q
  1. How and why did the attitudes of the American colonists toward British rule change after 1763.
A

All this began to change in 1763 when the Seven Years War between Great Britain and France came to an end, and Great Britain gained control of most of the French territory in North America. The colonists had fought on behalf of Britain, and many colonists expected that after the war they would be allowed to settle on land west of the Appalachian Mountains that had been taken from France. However, their hopes were not realized. Hoping to prevent conflict with Indian tribes in the Ohio Valley, Parliament passed the Proclamation of 1763, which forbade the colonists to purchase land or settle west of the Appalachian Mountains.

92
Q

. What is partisanship? Are younger voters likely to be more or less partisan than older

A

partisanship, which is the tendency to identify with and to support (often blindly) a particular political party, Young Americans are particularly likely to be put off by partisan politics. Many Americans under the age of
thirty now identify themselves as Independents instead of Democrats or Republicans (Figure 1.13). Instead of
identifying with a particular political party, young Americans are increasingly concerned about specific issues

93
Q
  1. Why are younger Americans less likely to become involved in some form of
    traditional political organization?
A

One answer
may be that as American politics become more partisan in nature, young people turn away. Committed
partisanship, which is the tendency to identify with and to support (often blindly) a particular political party,
alienates some Americans who feel that elected representatives should vote in support of the nation’s best
interests instead of voting in the way their party wishes them to.

94
Q
  1. What is civil disobedience? What are some examples from your text
A

Some people prefer even more active and direct forms of engagement such as protest marches and
demonstrations, including civil disobedience. Such tactics were used successfully in the African American
civil rights movement of the 1950s and 1960s and remain effective today.

95
Q
  1. What forms does civic engagement take?
A

Civic and political engagement allows politicians to know how the people feel. It also improves people’s lives
and helps them to build connections with others. Individuals can educate themselves on important issues and
events, write to their senator or representative, file a complaint at city hall, attend a political rally, or vote.
People can also work in groups to campaign or raise funds for a candidate, volunteer in the community, or
protest a social injustice or an unpopular government policy.

96
Q

What provision of the Constitution protects freedom of speech?

A

The First Amendment of the
Constitution gives Americans the right to express their opinions on matters of concern to them; the federal
government cannot interfere with this right. Because of the Fourteenth Amendment, state governments must
protect this right also.

97
Q

. What is the tradeoffs perspective? What are some examples of tradeoffs in American
government? Why are tradeoffs common in the U.S. Congress?

A

Although elitists and pluralists present political influence as a tug-of-war with people at opposite ends of a
rope trying to gain control of government, in reality government action and public policy are influenced by an
ongoing series of tradeoffs or compromises. tradeoffs have been made between those who favor the supremacy
of the central government and those who believe that state governments should be more powerful. policy. In reality, government policy usually is the result of a series of tradeoffs as groups and elites fight with one another for influence and politicians attempt to balance the demands of competing interests, including the interests of the constituents who elected them to office.

98
Q

What evidence suggests that elites control American politics?

A

Many Americans fear that a set of elite citizens is really in charge of government in the United States and that
others have no influence. This belief is called the elite theory of government.wealth allows the elite to secure for themselves important positions in politics. They then use this power
to make decisions and allocate resources in ways that benefit them.

99
Q

Who is C. Wright Mills? For Mills, who controls the government?

A

The foremost supporter of elite theory was C. Wright Mills. In his book,
The Power Elite, Mills argued that
government was controlled by a combination of business, military, and political elites.6 Most are highly
educated, often graduating from prestigious universities (Figure 1.6). According to elite theory, the wealthy use
their power to control the nation’s economy in such a way that those below them cannot advance economically

100
Q
  1. What is socialism?
A

Socialism is an alternative economic system. In socialist societies, the means of generating wealth, such as
factories, large farms, and banks, are owned by the government and not by private individuals. The
government accumulates wealth and then redistributes it to citizens,

101
Q

. What concept is most closely associated with Adam Smith? What is the primary idea

A

Similarly, Adam Smith, a Scottish philosopher who was born nineteen years after Locke’s death, believed that
all people should be free to acquire property in any way that they wished. Instead of being controlled by
government, business, and industry, Smith argued, people should be allowed to operate as they wish and keep
the proceeds of their work. Competition would ensure that prices remained low and faulty goods disappeared
from the market. In this way, businesses would reap profits, consumers would have their needs satisfied, and
society as a whole would prosper. Smith discussed these ideas, which formed the basis for industrial
capitalism

102
Q

. What political concepts are associated with John Locke?

A

. According to John Locke, an English political philosopher of
the seventeenth century, all people have natural rights to life, liberty, and property. From this came the idea
that people should be free to consent to being governed. In the eighteenth century, in Great Britain’s North
American colonies, and later in France, this developed into the idea that people should govern themselves
through elected representatives and not a king;

103
Q
  1. What economic system is often associated with democracy?
A

the economic system of capitalism in Western Europe and North America developed at
roughly the same time as ideas about democratic republics, self-government, and natural rights. At this time,
the idea of liberty became an important concept. Representative government and capitalism developed together in the United States, and many Americans
tend to equate democracy, a political system in which people govern themselves, with capitalism. In theory, a
democratic government promotes individualism and the freedom to act as one chooses instead of being
controlled, for good or bad, by government. Capitalism, in turn, relies on individualism.

104
Q

. In what ways might capitalism be bad for democracy?

A

Democracy and capitalism do not have to go hand in hand, however. Indeed, one might argue that a capitalist
economic system might be bad for democracy in some respects. Although Smith theorized that capitalism
would lead to prosperity for all, this has not necessarily been the case. Great gaps in wealth between the
owners of major businesses, industries, and financial institutions and those who work for others in exchange
for wages exist in many capitalist nations. In turn, great wealth may give a very small minority great influence
over the government—a greater influence than that held by the majority of the population

105
Q
  1. What are the goals of government?
A

The term government describes the means by which a society organizes itself and how it allocates authority in
order to accomplish collective goals and provide benefits that the society as a whole needs. Among the goals
that governments around the world seek to accomplish are economic prosperity, secure national borders, and
the safety and well-being of citizens

106
Q
  1. What forms does civic engagement take?
A

Civic and political engagement allows politicians to know how the people feel. It also improves people’s lives
and helps them to build connections with others. Individuals can educate themselves on important issues and
events, write to their senator or representative, file a complaint at city hall, attend a political rally, or vote.
People can also work in groups to campaign or raise funds for a candidate, volunteer in the community, or
protest a social injustice or an unpopular government policy.

107
Q

. In what ways might capitalism be bad for democracy?

A

Democracy and capitalism do not have to go hand in hand, however. Indeed, one might argue that a capitalist
economic system might be bad for democracy in some respects. Although Smith theorized that capitalism
would lead to prosperity for all, this has not necessarily been the case. Great gaps in wealth between the

owners of major businesses, industries, and financial institutions and those who work for others in exchange
for wages exist in many capitalist nations. In turn, great wealth may give a very small minority great influence
over the government—a greater influence than that held by the majority of the population

108
Q

partisanship

A

strong support, or even blind allegiance, for a particular political party

109
Q

oligarchy

A

a form of government where a handful of elite society members hold political power

110
Q

monarchy

A

a form of government where one ruler, usually a hereditary one, holds political power

111
Q

minority rights

A

protections for those who are not part of the majority

112
Q
  1. What sort of government did the Framers of the Constitution of 1787 create?
A

document. The United States that emerged from the Constitutional Convention in September was not a confederation, but it was a republic whose national government had been strengthened greatly. Congress had been transformed into a bicameral legislature with additional powers, and a national judicial system had been created. Most importantly, a federal system had been established with the power to govern the new country.

113
Q

What were the criticisms of the new Constitution? What was the greatest source

A
114
Q

Federalists

A

those who supported ratification of the Constitution

115
Q

federal system

A

a form of government in which power is divided between state governments and a national government

116
Q

enumerated powers

A

the powers given explicitly to the federal government by the Constitution (Article I, Section 8); power to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs

117
Q

Declaration of Independence

A

a document written in 1776 in which the American colonists proclaimed their independence from Great Britain and listed their grievances against the British king

118
Q

confederation

A

a highly decentralized form of government; sovereign states form a union for purposes such as mutual defense

119
Q

checks and balances

A

a system that allows one branch of government to limit the exercise of power by another branch; requires the different parts of government to work together

120
Q

Bill of Rights

A

the first ten amendments to the U.S. Constitution; most were designed to protect fundamental rights and liberties

121
Q

bicameral legislature

A

a legislature with two houses, such as the U.S. Congress

122
Q

Articles of Confederation

A

the first basis for the new nation’s government; adopted in 1781; created an alliance of sovereign states held together by a weak central government

123
Q

Anti-Federalists

A

those who did not support ratification of the Constitution

124
Q

totalitarianism

A

a form of government where government is all-powerful and citizens have no rights

125
Q

toll good

A

a good that is available to many people but is used only by those who can pay the price to do so

126
Q

social capital

A

connections with others and the willingness to interact and aid them

127
Q

representative democracy

A

a form of government where voters elect representatives to make decisions and pass laws on behalf of all the people instead of allowing people to vote directly on laws

128
Q

public goods

A

goods provided by government that anyone can use and that are available to all without charge

129
Q

majority rule

A

a fundamental principle of democracy; the majority should have the power to make decisions binding upon the whole

130
Q

What is social contract theory? Compare and contrast the theories of John Locke and
Thomas Hobbes.

A

Social Contract Theorists
– Thomas Hobbes (1588-1679)
* Man’s natural state is a state
of war
* Government, especially
monarchy, is necessary to
restrain man’s bestial
tendencies
– Life would be “solitary,
poor, nasty, brutish and
short”
* No matter how evil, a single
ruler is necessary to guarantee
the rights of the weak against
the strong

Social Contract Theorists
– John Locke (1632-1704)
* Government’s major responsibility is
the preservation of private property
* All men are born equal, with natural
rights: NO divine right of kings
* Consent of the governed is the only
true basis of a sovereign’s right to rule
* People form government to preserve
life, liberty, and property, and to assure
justice
– Thomas Jefferson highly influenced
by John Locke

Social Contract Theory?
– All individuals were free and equal by natural
right, even before the God-ordained
government theorized by Aquinas
– Innate freedom requires men and women to
give their consent to be governed
– If governments act improperly, they break their
contract with the people

131
Q

What was the Reformation? What was the Enlightenment? How did the
Enlightenment affect the development of American political culture?

A

Reformation (early 16th century)
– A religious movement to reform the doctrine
and institutions of the Roman Catholic Church.
– Promoted the belief that people could talk
directly to God without the intervention of a
priest.
– Resulted in the founding of Protestant churches
separate from their Catholic source.

Enlightenment Period
– Philosophers and scientists
such as Sir Isaac Newton
(1642-1727) worked further
to affect peoples’ views of
government. The world could be
improved through the use
of human reason, science,
and religious toleration.
* Further challenge to idea
of divine right of kings

132
Q

Which philosophers and traditions influenced the American political system?

A

Aristotle is often said
to be the father of
“natural law”

Thomas Aquinas
(1225-1274)
– Gave the idea of natural law
a new, Christian framework
* God created natural law
that established individual
rights to life and liberty

  • Reformation (early 16th century)
    – A religious movement to reform the doctrine
    and institutions of the Roman Catholic Church.
    – Promoted the belief that people could talk
    directly to God without the intervention of a
    priest.

Enlightenment Period
– Philosophers and scientists
such as Sir Isaac Newton
(1642-1727) worked further
to affect peoples’ views of
government.

133
Q

Virginia Plan

A

a plan for a two-house legislature; representatives would be elected to the lower house based on each state’s population; representatives for the upper house would be chosen by the lower house

134
Q

veto

A

the power of the president to reject a law proposed by Congress

135
Q

unicameral legislature

A

a legislature with only one house, like the Confederation Congress or the legislature proposed by the New Jersey Plan

136
Q

Three-Fifths Compromise

A

a compromise between northern and southern states that called for counting of all a state’s free population and 60 percent of its enslaved population for both federal taxation and representation in Congress

137
Q

The Federalist Papers

A

a collection of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay in support of ratification of the Constitution

138
Q

supremacy clause

A

the statement in Article VI of the Constitution that federal law is superior to laws passed by state legislatures

139
Q

social contract

A

an agreement between people and government in which citizens consent to be governed so long as the government protects their natural rights

140
Q

separation of powers

A

the sharing of powers among three separate branches of government

141
Q

reserved powers

A

any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government

142
Q

republic

A

a form of government in which political power rests in the hands of the people, not a monarch, and is exercised by elected representatives

143
Q

New Jersey Plan

A

a plan that called for a one-house national legislature; each state would receive one vote

144
Q

natural rights

A

the right to life, liberty, and property; believed to be given by God; no government may take away

145
Q

Great Compromise

A

a compromise between the Virginia Plan and the New Jersey Plan that created a two-house Congress; representation based on population in the House of Representatives and equal representation of states in the Senate

146
Q

pluralist theory

A

claims political power rests in the hands of groups of people

147
Q

private goods

A

goods provided by private businesses that can be used only by those who pay for them

148
Q

Federalists

A

those who supported ratification of the Constitution

149
Q

new federalism

A

a style of federalism premised on the idea that the decentralization of policies enhances administrative efficiency, reduces overall public spending, and improves outcomes

150
Q

race-to-the-bottom

A

a dynamic in which states compete to attract business by lowering taxes and regulations, often to workers’ detriment