foundations of american government Flashcards
definition of government
the institution through which a society makes and enforces it’s public policies
definition of public policy
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
what three powers does every government exercise?
• legislative power
• executive power
• judicial power
what are the four requirements of a state?
• population
• territory
• sovereignty
• government
definition of territory
land with recognized borders under the jurisdiction of a ruler or state
definition of sovereignty
supreme and absolute authority
force theory
theory that the state derived from a person or small group claiming control over an area and forcing others to submit
evolutionary theory
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
divine right theory
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
thomas hobbes social contract theory
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
john locke social contract theory
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
definition of democracy
form of government in which the people hold the sovereign power
definition of direct democracy
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
definition of recall
process in which the people can petition and vote to remove an elected official from office before the end of their term
definition of initiative
process in which the people can place laws and constitutional amendments on the ballot
definition of referendum
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
definition of representative democracy
elected representatives express the popular will
definition of dictatorship
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
definition of autocracy
form of government in which a single person holds unlimited power
definition of oligarchy
form of government in which a small elite hold unlimited power
definition of totalitarian
form of authoritarian government in which the state holds absolute power in virtually all aspects of life
• no personal freedom
definition of authoritarian
form of government in which the state holds absolute power over political aspects of life
• limited personal freedom
definition of unitary government
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
definition of federal government
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
definition of confederate government
governmental structure in which a confederation (alliance of states) assigns specific duties to a central government
• states hold the power
relationship between legislative and executive branches in a presidential government
the executive and legislative branches are separate, independent, and equal
• each branch holds powers to check the other
relationship between legislative and executive branches in a parliamentary government
the executive and legislative branches are made up of the same elected officials
define free enterprise
economic system in which private businesses operate in competition without government interference
mayflower compact
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
define charter
written grant of authority from the king
define royal colony
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
define proprietary colony
a colony granted by the crown to an individual or family, who then governed the colony as they saw fit
• 3 proprietary colonies
define charter colony
a colony governed by colonists
• virtually independent from the crown
• 2 charter colonies
what three concepts regarding government did english colonists bring to america?
• ordered government
• limited government
• representative government
britain’s colonial policies prior to king george III
parliament took little part in managing the colonies
• colonial legislatures assumed broad lawmaking power
britain’s colonial policies under king george III
dealt more firmly with the colonies
• introduced new taxes to pay for the 7 years war
• came to power in 1760
new england confederation
“league of friendship” formed by new england settlements for defense against native americans in 1643
the albany plan
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
stamp act congress
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
first continental congress
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
second continental congress
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
declaration of independence
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
articles of confederation
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
weaknesses of the articles of confederation
• 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
powers of congress under the articles of confederation
• 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
state obligations under the articles of confederation
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
mount vernon
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
annapolis convention
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)
philadelphia convention
“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
virginia plan
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
new jersey plan
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
connecticut compromise
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”
3/5 compromise
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
commerce and slave trade compromise
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
what did federalists think of the U.S. constitution
federalists praised the constitution
• believed difficulties could only be overcome by a strong central government
what did anti-federalists think of the U.S. constitution
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
what does the preamble of the constitution do
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
what is each article of the constitution?
• 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
what is the “necessary and proper” clause?
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
what is the “full faith and credit” clause?
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
what is the extradition clause?
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
what is the supremacy clause?
clause found in article VI, which established federal law as the supreme law of the land, taking precedence over state law and state constitutions
five basic principles of the constitution
• popular sovereignty
• limited government
• separation of powers
• checks and balances
• federalism
expressed powers of congress
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
implied powers of congress
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)
inherent powers of the national government
powers of the national government which are not in the constitution but are inherent to all sovereign states
• to control immigration
• to acquire territory
expressed powers of the executive
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
implied powers of the executive
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
powers of the states
• 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
concurrent powers
powers which are possessed by both the federal government and state governments
• to tax
• to define crimes
• to set punishments
• to utilize eminent domain
relations between nation and state
• 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
cooperative federalism
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
1st amendment
• freedom of religion
• freedom of speech
• freedom of the press
• freedom of assembly and petition
2nd amendment
right to bear arms
3rd amendment
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
4th amendment
protection against unreasonable searches and seizures
5th amendment
protects against
• trial without a jury
• self incrimination
• double jeopardy
• trial without indictment
6th amendment
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
7th amendment
right to trial by jury when a case exceeds $20
8th amendment
protects against
• excessive bail and fines
• cruel and unusual punishment
9th amendment
there are other rights not listed in the constitution
10th amendment
powers not listed in the constitution are reserved to the states or the people
