FedGovCh1 Flashcards
writ of habeas corpus
a petition that enables someone in custody to petition a judge to determine whether that person’s detention is legal
venue shopping
a strategy in which interest groups select the level and branch of government they calculate will be most receptive to their policy goals
unitary system
a centralized system of government in which the subnational government is dependent on the central government, where substantial authority is concentrated
unfunded mandates
federal laws and regulations that impose obligations on state and local governments without fully compensating them for the costs of implementation
race-to-the-bottom
a dynamic in which states compete to attract business by lowering taxes and regulations, often to workers’ detriment
privileges and immunities clause
C. LP, TR,
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
nullification
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
new federalism
a style of federalism premised on the idea that the decentralization of policies enhances administrative efficiency, reduces overall public spending, and improves outcomes
immigration federalism
the gradual movement of states into the immigration policy domain traditionally handled by the federal government
general revenue sharing
a type of federal grant that places minimal restrictions on how state and local governments spend the money
full faith and credit clause
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
federalism
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
ex post facto law
a law that criminalizes an act retroactively; prohibited under the Constitution
elastic clause
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
dual federalism
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
devolution
a process in which powers from the central government in a unitary system are delegated to subnational units
creeping categorization
a process in which the national government attaches new administrative requirements to block grants or supplants them with new categorical grants
cooperative federalism
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
concurrent powers
shared state and federal powers that range from taxing, borrowing, and making and enforcing laws to establishing court systems
categorical grant
a federal transfer formulated to limit recipients’ discretion in the use of funds and subject them to strict administrative criteria
block grant
a type of grant that comes with less stringent federal administrative conditions and provide recipients more latitude over how to spend grant funds
bill of attainder
a legislative action declaring someone guilty without a trial; prohibited under the Constitution
What are the disadvantages of federalism?
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.
What are the advantages of federalism?
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
Which provisions of the U.S. Constitution govern how states behave toward each other?
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.
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?
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.
What are the powers shared by both the federal government and the state governments? Give
examples.
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
Which U.S. constitutional provision determines the powers of the states? What are the
reserved powers?
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
What is the Necessary and Proper Clause? What are implied powers?
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.”
What are the enumerated (delegated) powers? Give several examples. See Chapter 2.3 for
background.
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.
What are the characteristics of federal systems described in your text?
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.
How does American federalism balance the forces of centralization and decentralization?
What is a federal system? What are some other ways in which a government could be
organized? How does federalism divide power?
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.
What are the advantages and disadvantages of federalism?
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.
How have policy areas been redefined as a result of changes that states and the federal
government play in them?
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.
How does the federal government use grant programs to elicit cooperation from state and local
governments?
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.
How has the relationship between the national government and the states evolved over time?
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.
How does the federal system divide power between the national government and the states?
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.
What is the political system for the United States.?
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
What type of economic system does the United States have? What are its
characteristics?
Capitalism
* Characterized by
– private ownership of property
– free market economy
* laws of supply and demand set prices of
goods and drive production
. What is a direct democracy?
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
private goods
goods provided by private businesses that can be used only by those who pay for them
politics
the process by which we decide how resources will be allocated and which policies government will pursue
political power
influence over a government’s institutions, leadership, or policies
pluralist theory
claims political power rests in the hands of groups of people
majority rule
a fundamental principle of democracy; the majority should have the power to make decisions binding upon the whole
majority rule
a fundamental principle of democracy; the majority should have the power to make decisions binding upon the whole
latent preferences
beliefs and preferences people are not deeply committed to and that change over time
intense preferences
beliefs and preferences based on strong feelings regarding an issue that someone adheres to over time
ideology
the beliefs and ideals that help to shape political opinion and eventually policy
government
the means by which a society organizes itself and allocates authority in order to accomplish collective goals
elite theory
claims political power rests in the hands of a small, elite group of people
direct democracy
a form of government where people participate directly in making government decisions instead of choosing representatives to do this for them
democracy
a form of government where political power rests in the hands of the people
common good
goods that all people may use but that are of limited supply
How can civic and political engagement affect change in American society and government?
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.
- Does elite theory or pluralism best describe who governs in America?
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.
- What is government and how does it affect individuals and society as a whole?
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
How is the Constitution amended informally?
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
What are the formal procedures for amending the Constitution? How many times
has the Constitution been amended?
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.