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foundations of american government Flashcards

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1
Q

definition of government

A

the institution through which a society makes and enforces it’s public policies

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2
Q

definition of public policy

A

consists of institutional actions and procedures pursued by a government in carrying out it’s functions
• laws, actions of the government, funding priorities, and regulations that reflect given positions, attitudes, cultural ideals, or accepted rules

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3
Q

what three powers does every government exercise?

A

• legislative power
• executive power
• judicial power

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4
Q

what are the four requirements of a state?

A

• population
• territory
• sovereignty
• government

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5
Q

definition of territory

A

land with recognized borders under the jurisdiction of a ruler or state

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6
Q

definition of sovereignty

A

supreme and absolute authority

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7
Q

force theory

A

theory that the state derived from a person or small group claiming control over an area and forcing others to submit

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8
Q

evolutionary theory

A

theory that the state derived from the family
• over time, government emerged naturally as an association of families, clans, and tribes, to fill the needs of these groups
• calm and composed process which occurred over a long period of time, intimately shaping itself into the complex structure of a modern state
• once agriculture caused nomadic peoples to settle and claim land, the state was born

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9
Q

divine right theory

A

theory that the state derived from god and that rulers are descendents of god, or chosen by god
• god had given those of royal birth a “divine right” to rule

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10
Q

thomas hobbes social contract theory

A

theory that the state derived as a voluntary act by a free people
• natural state of man was “solitary, poor, nasty, brutish, and short”
• man empowered government to create order and prevent self-destruction
• government was sovereign and people could not rebel

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11
Q

john locke social contract theory

A

theory that the state derived as a voluntary act of a free people
• natural state of man based on equality and freedom
• man empowered government to be an impartial judge
• man could break social contract if government infringed on people’s rights

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12
Q

definition of democracy

A

form of government in which the people hold the sovereign power

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13
Q

definition of direct democracy

A

will of the people translated to public policy directly by the people
• people vote directly on public policy rather than elected representatives
• although the united states has an indirect democracy, direct democracy still exists in the united states in the form of recalls, initiatives, and referendums

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14
Q

definition of recall

A

process in which the people can petition and vote to remove an elected official from office before the end of their term

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15
Q

definition of initiative

A

process in which the people can place laws and constitutional amendments on the ballot

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16
Q

definition of referendum

A

process in which the people can petition to have a law previously passed by legislature placed on the ballot so voters can either approve or veto it

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17
Q

definition of representative democracy

A

elected representatives express the popular will

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18
Q

definition of dictatorship

A

form of government in which one person or group holds absolute power
• exists where those who rule cannot be held responsible to the will of the people
• all forms of dictatorship are authoritarian, some are also totalitarian

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19
Q

definition of autocracy

A

form of government in which a single person holds unlimited power

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20
Q

definition of oligarchy

A

form of government in which a small elite hold unlimited power

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21
Q

definition of totalitarian

A

form of authoritarian government in which the state holds absolute power in virtually all aspects of life
• no personal freedom

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22
Q

definition of authoritarian

A

form of government in which the state holds absolute power over political aspects of life
• limited personal freedom

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23
Q

definition of unitary government

A

governmental structure in which all power is held by the central / national government
• central government can create local units of government for its own convenience
• great britain has a unitary government

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24
Q

definition of federal government

A

governmental structure in which power is divided between a central government and several local governments
• power is divided by an authority superior to the central and local governments, such as the constitution

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25
Q

definition of confederate government

A

governmental structure in which a confederation (alliance of states) assigns specific duties to a central government
• states hold the power

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26
Q

relationship between legislative and executive branches in a presidential government

A

the executive and legislative branches are separate, independent, and equal
• each branch holds powers to check the other

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27
Q

relationship between legislative and executive branches in a parliamentary government

A

the executive and legislative branches are made up of the same elected officials

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28
Q

define free enterprise

A

economic system in which private businesses operate in competition without government interference

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29
Q

mayflower compact

A

first written law of the new world
• written and signed on the mayflower in 1620
• because the settlers were supposed to land in virginia, their charter was no longer valid when they landed in massachusetts, so they created the mayflower compact to maintain order

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30
Q

define charter

A

written grant of authority from the king

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31
Q

define royal colony

A

a colony governed by a governor and council appointed by the crown
• colonists elected legislatures, who controlled the salary of the governer, often using this to their advantage to keep the governer in line with what the colonists wanted
• 8 royal colonies

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32
Q

define proprietary colony

A

a colony granted by the crown to an individual or family, who then governed the colony as they saw fit
• 3 proprietary colonies

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33
Q

define charter colony

A

a colony governed by colonists
• virtually independent from the crown
• 2 charter colonies

34
Q

what three concepts regarding government did english colonists bring to america?

A

• ordered government
• limited government
• representative government

35
Q

britain’s colonial policies prior to king george III

A

parliament took little part in managing the colonies
• colonial legislatures assumed broad lawmaking power

36
Q

britain’s colonial policies under king george III

A

dealt more firmly with the colonies
• introduced new taxes to pay for the 7 years war
• came to power in 1760

37
Q

new england confederation

A

“league of friendship” formed by new england settlements for defense against native americans in 1643

38
Q

the albany plan

A

rejected plan suggested by benjamin franklin in 1754 to have an annual congress of delegates (representatives) from each of the 13 colonies
• would have power to raise military forces, collect customs and duties, and regulate trade with native americans
• rejected by the crown

39
Q

stamp act congress

A

meeting in which representatives from nine colonies prepared a “declaration of rights and grievances” to protest taxation without representation
• new york, 1765
• first time a significant number of colonies joined to oppose the british government
• stamp act was repealed in 1766

40
Q

first continental congress

A

meeting of delegates from 12 colonies in response to the intolerable acts
• philadelphia, 1774
• sent a “declaration of rights” to the king
• urged colonists to boycott trade with britain

41
Q

second continental congress

A

nations first government, lasting from 1775 to 1781
• met after the revolution had already begun, with the battle of lexington and concord having been fought 3 weeks prior
• unicameral (one house) congress with each state having one vote
• raised armies and a navy, borrowed funds, bought supplies, created money system, made treaties
• condemned by the british as a den of traitors, but praised by the colonists

42
Q

declaration of independence

A

largely written by thomas jefferson
• approved july 4th, 1776
• ratified and signed august 2nd, 1776
• the document first announces the independence of the U.S., then outlines why

43
Q

articles of confederation

A

established a “firm league of friendship” with each state keeping it’s sovereignty
• approved november 15th, 1777
• ratified and declared effective march 1st, 1781
• took 4 years because ratification from all 13 states was required
• served as the first constitution of the U.S.
• weak central government, strong state governments
• central government consisted of unicameral (one house) legislature (congress) made up of delegates chosen yearly by state legislature

44
Q

weaknesses of the articles of confederation

A

• each state received one vote regardless of population and wealth
• lacked executive and judicial branches
• congress (central government) had no power to tax, regulate foreign and interstate trade, enforce laws, or raise an army - congress could ask states for money and troops, but they were not required to comply
• 9/13 vote required to pass laws
• 13/13 vote required to amend the articles of confederation
• economic chaos as states taxed each other’s goods and printed their own money, prices soared, and credit vanished as public and private debts went unpaid

45
Q

powers of congress under the articles of confederation

A

• declare war and sign treaties
• form alliances
• borrow money and establish a system of credit
• ask states for money
• establish post offices
• build a navy and raise an army by asking states for troops
• fix uniform standards of weights and measures
• settle disputes among states

46
Q

state obligations under the articles of confederation

A

though states had certain obligations, they often did not comply because the central government had no power to enforce
under the articles of confederation, states must:
• obey the articles of confederation and all acts of congress
• provide troops and funds when requested
• treat citizens of other states equally (privileges and immunities clause)
• give “full faith and credit” to acts of other states
• surrender fugitives
• settle disputes with other states in congress
• allow open trade and travel between states

47
Q

mount vernon

A

meeting of delegates from virginia and maryland held in 1785 to discuss trad and navigational rights in their common waterways
• made “mount vernon compact”
• became a model of interstate cooperation outside the framework of the articles of confederation, especially when it came to regulating interstate trade

48
Q

annapolis convention

A

held in 1786 in attempt to resolve issues with interstate trade
• failed attempt, only 5 states attended
• issued a call for a meeting with all 13 states in philadelphia in 1787 (philadelphia convention)

49
Q

philadelphia convention

A

“assembly of demigods” who met in 1787 to address weaknesses of the articles of confederation
• commonly referred to as the constitutional convention
• resulted in the creation of the U.S. constitution
• result of the annapolis convention the previous year

50
Q

virginia plan

A

proposal at the constitutional convention which would benefit large states
• supreme central government
• 3 separate branches with checks and balances
• bicameral legislature (congress) divided into the senate and the house of representatives with representation based on population (or amount of money given to central government)
• congress given additional powers to force compliance
• congress could admit new states with republican forms of government

51
Q

new jersey plan

A

proposal at the constitutional convention which would benefit small states
• unicameral congress with equal representation
• congress given powers to tax and to regulate national and interstate trade
• congress given power to elect executives, who would then appoint a supreme tribunal to represent the federal judiciary

52
Q

connecticut compromise

A

agreement reached during the constitutional convention which was a compromise between the virginia and new jersey plans
• bicameral legislature split into the senate (equal representation) and the house of representatives (representation based on population)
• also called “the great compromise”

53
Q

3/5 compromise

A

compromise reached during the constitutional convention
• each slave counted as 3/5 a person when it came to counting state population for tax purposes and for determining the states number of representatives

54
Q

commerce and slave trade compromise

A

compromise reached during the constitutional convention
• congress forbidden power to tax exports from any state
• congress forbidden to act in the slave trade for 20 years

55
Q

what did federalists think of the U.S. constitution

A

federalists praised the constitution
• believed difficulties could only be overcome by a strong central government

56
Q

what did anti-federalists think of the U.S. constitution

A

anti-federalists criticized the U.S. constitution for giving the central government increased powers
• criticized the lack of bill of rights to ensure limited government

57
Q

what does the preamble of the constitution do

A

states the purpose of the constitution
• form a more perfect union
• establish justice
• insure domestic tranquility
• provide for common defense
• promote general welfare
• secure the blessings of liberty

58
Q

what is each article of the constitution?

A

• article I - legislative branch (includes “necessary and proper” clause)
• article II - executive branch
• article III - judicial branch
• article IV - relations among the states (includes “full faith and credit” clause and extradition clause)
• article V - amending the constitution
• article VI - national debts and the supremacy clause
• article VII - ratifying the constitution

59
Q

what is the “necessary and proper” clause?

A

clause found in article I of the constitution, which gives congress power to pass any laws that are not expressly stated in the constitution but are necessary and proper in carrying out it’s functions
• also called elasticity clause or implied powers

60
Q

what is the “full faith and credit” clause?

A

clause found in article IV of the constitution, which provides that states must recognize all acts of other states
• must put “full faith and credit” in acts of other states

61
Q

what is the extradition clause?

A

clause found in article IV of the constitution, which provides that fugitives which enter a new state in an attempt to flee must be returned to the state in which they fled

62
Q

what is the supremacy clause?

A

clause found in article VI, which established federal law as the supreme law of the land, taking precedence over state law and state constitutions

63
Q

five basic principles of the constitution

A

• popular sovereignty
• limited government
• separation of powers
• checks and balances
• federalism

64
Q

expressed powers of congress

A

powers of congress which are expressly stated in the constitution
• to lay and collect taxes
• to borrow money on credit of the U.S.
• to coin money
• to regulate commerce
• to declare war
• to raise and support an army
• to make all laws which are “necessary and proper” to the execution of it’s powers

65
Q

implied powers of congress

A

powers of congress which are not expressly stated in the constitution, but are “necessary and proper” to carry out it’s expressed powers
• income tax (to carry out expressed power to lay and collect taxes)
• air force (to carry out expressed power to raise armies)
• tobacco and alcohol regulations (to carry out expressed power to regulate commerce)
• minimum wage (to carry out expressed power to regulate commerce)
• firearm regulations (to carry out expressed power to regulate commerce)
• miltary draft (to carry out expressed power to raise armies)

66
Q

inherent powers of the national government

A

powers of the national government which are not in the constitution but are inherent to all sovereign states
• to control immigration
• to acquire territory

67
Q

expressed powers of the executive

A

powers of the executive which are expressly stated in the constitution
• to execute laws
• to sign or veto legislation
• to command armed forces
• to grant pardons
• to convene or adjourn congress
• to receive ambassadors
• to ask for the written opinion of their cabinet

68
Q

implied powers of the executive

A

powers of the executive which are not expressly stated in the constitution, but are “necessary and proper” to carry out its expressed powers
• to establish federal offices (to carry out expressed power to execute laws)
• to make executive orders (to carry out expressed power to execute laws)
• to exercise executive privilege / withhold information from other branches
• to enter executive agreements with foreign nations

69
Q

powers of the states

A

• states have reserved powers - powers which are neither granted to the federal government nor denied to the states in the constitution are reserved to the states
• states also have policing power - power of the state to protect and promote public health, public morals, public safety, and general welfare
• only one power expressed to the states - the 21st amendment gives states the expressed power to regulate alcohol
• powers denied to the states include: entering treaties and alliances, coining money, and maintaining troops in a time of peace

70
Q

concurrent powers

A

powers which are possessed by both the federal government and state governments
• to tax
• to define crimes
• to set punishments
• to utilize eminent domain

71
Q

relations between nation and state

A

• U.S. constitution requires every state to have a republic form of government
• the nation protects against domestic violence, such as natural disasters and riots
• new states cannot be created from existing state land without consent of that state
• interstate compacts must be approved by congress

72
Q

cooperative federalism

A

a flexible relationship between federal, state, and local governments in which they work together on a variety of programs to achieve their goals
• “marble-cake federalism”
• the federal government giving tax revenue to the states to fund interstate highways

73
Q

1st amendment

A

• freedom of religion
• freedom of speech
• freedom of the press
• freedom of assembly and petition

74
Q

2nd amendment

A

right to bear arms

75
Q

3rd amendment

A

forbids the forcible housing of military personnel in a citizen’s home during peacetime and requires the process to be “prescribed by law” in times of war

76
Q

4th amendment

A

protection against unreasonable searches and seizures

77
Q

5th amendment

A

protects against
• trial without a jury
• self incrimination
• double jeopardy
• trial without indictment

78
Q

6th amendment

A

right to
• speedy and public trial
• impartial jury in the state which the crime was committed
• legal council (lawyer)
• be informed of charges
• call witnesses
• be confronted by witnesses

79
Q

7th amendment

A

right to trial by jury when a case exceeds $20

80
Q

8th amendment

A

protects against
• excessive bail and fines
• cruel and unusual punishment

81
Q

9th amendment

A

there are other rights not listed in the constitution

82
Q

10th amendment

A

powers not listed in the constitution are reserved to the states or the people

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