Final Exam Flashcards
Weaknesses of the Articles of Confederation
- A confederation is established under the Articles of Confederation; a permanent union of sovereign states in which they delegate power to a central government for specific purposes.
- It created a limited and weak government; Congress had no power to tax (borrowed money from states to pay off war debt), it couldn’t force states to honor agreements with foreign nations, couldn’t make laws about interstate trading, couldn’t make laws that directly regulated citizens’ behavior (governed by state),
Shay’s Rebellion
- The weaknesses of the AOC were shown in Shay’s Rebellion.
- A group of several hundred farmers in Massachusetts gathered under the leadership of Daniel Shay (a former captain in the Rev. war) and prevented the courts from selling the property of those who could not pay debts.
- Called themselves the Regulators because they wanted to regulate the power of the state government.
- Farmers had serious economic problems. Former soldiers could not pay their debts because they weren’t given wages. They lost their homes and farms.
- The farmers captured the arsenal at Springfield where arms were kept for state militia.
- Crowd action was a longstanding response to the perceived injustice.
- The fear generated from such conflicts and the difficulties of raising revenues and regulating foreign trade convinced many that the government needed to be strengthened.
Federalism
The division of power between the state and federal governments.
Enumerated/Reserved/Concurrent powers
- Enumerated: Powers specifically granted to the federal government in the Constitution, mostly found in Article I, Section 8. (Coin money, declare war, regulate commerce, raise and maintain armed forces, establish a Post office)
- Reserved: Powers of the government that are neither prohibited or explicitly stated in law; exercised by the states. (Regulate education, grant licenses, police/fire protection, speed limits)
- Concurrent: Powers shared by the federal and state governments. (Maintain law and order, levy taxes, borrow money, take land for public use, provide for the public welfare)
Implied/Inherent powers
- Implied: Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the necessary and proper clause: Congress has the power to “make all laws necessary and proper for carrying into execution” the powers enumerated in Article I. (make tax evasion a crime, draft men into the army, minimum wage and maximum work hours)
- Inherent: Not explicitly stated in the Constitution that allows the government to take actions, which are needed to efficiently perform essential duties. (Regulate immigration, acquire territory, grant diplomatic recognition to other nations, and protect US against rebellion/conflict)
Cooperative federalism
Also called “marble cake federalism.” A system of government in which powers and policy assignments are shared between states and the national government.
Dual federalism
Also called “layer-cake federalism.” A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Block grant
A grant from the federal government which can be allocated to multiple services (no specific use).
Categorical grant
Funds the federal government gives to state and local governments to spend on specific activities.
Federal mandates
A requirement or an order from the central government that all state and local government must comply with.
Selective incorporation
A constitutional doctrine that ensures that states cannot create laws that infringe or take away the constitutional rights of citizens. The part of the constitution that provides for selective incorporation is the 14th Amendment.
Speaker of the House
- Most important leader in the House. They hold the only legislative office mandated by the Constitution.
- The Majority party selected the Speaker; before new Congress begins, majority presents its candidate; typically a senior member of the party; two steps away from presidency (second in line to succeed an absent president).
- Powers: presides over the House when in session, large role in making committee assignments, appoints the party’s legislative leaders and party leadership staff, control over which bills get assigned to which committees, national spokesperson for the party, their principle partisan ally is the majority leader.
- Currently Nancy Pelosi.
President Pro Tempore
Officer of the Senate elected by the majority party to act as chair in the absence of the vice president.
Majority/Minority leaders
Majority leader: The principal partisan ally of the Speaker of the House, or the party’s manager in the Senate. The majority leader is responsible for scheduling bills, influencing committee assignments, and rounding up votes on behalf of the party’s legislative positions.
Minority leader: The principal leader of the minority party in the House of Representatives or in the Senate.
Majority/Minority whips
Key member of the minority/majority party who keeps close contact with all of the members of his/her party and takes nose counts on key votes, prepares summaries of bills and in general acts as communications link within a party.
Congressional Checks on Executive/Judicial Branches
- (E) impeachment; power to impeach the president, members of the executive branch, or federal judges (J). Only the House can bring the charges and the Senate holds the trial. If convicted by ⅔ of the senate, the official is removed.
- (E) War power; even though the president is the commander in chief, Congress has the power to declare war and controls the money to do so.
- (E) Power of the Purse: Congress, in particular, has the power to tax and spend public money for the national government.
- (E) No Ex Post Facto Laws or Bill of Attainder Laws
- (E)“Necessary and Proper”: Congress has the ability to make all laws that are “necessary and proper” to carry out the powers delegated to it by the Constitution.
- (E) Ratifies treaties
- (J) lower federal courts
- (J) Propose amendments to override a SCOTUS decision
- (J) Approves nominations for federal judges
Overriding a veto
2/3 supermajority from both houses can override a presidential veto.
Budget process (Mandatory vs. discretionary spending)
Discretionary: a spending category through which governments can spend through an appropriations bill.
Mandatory: spending on certain programs that are required by existing law, such as entitlement programs.
Pork-barrel legislation
An appropriation of government spending for federal projects, grants, and contracts available to state and local governments, businesses, colleges, and other institutions. Congress Members take credit for things like new highways or research institutions.
Logrolling
“vote trading”; legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return
Congressional oversight
Congressional review of the activities of an agency, department, or office.
Trustee/Delegate Model of representation
Quasi-legislative/Quasi-judicial functions
Bureaucratic discretion (rule-making)
Patronage/Merit principle
Pendleton Act
Hatch Act
Executive Formal/Informal powers
Executive privilege
Signing statements
Line-item veto
Executive orders
Executive agreements
Veto/Veto message/Pocket Veto
Veto: President rejects a bill and it is not turned into law.
Veto message:
Pocket veto:
Honeymoon period
Stare decisis
District/Appellate courts
Original/Appellate jurisdiction
Writ of Certiorari
Census
Redistricting/Gerrymandering
Electoral College
Super PACs
