Gov. Review 3 (F) Flashcards
Anti-Federalists
those who favored more localized government in which citizens would protect the interests of each other; they were opposed to the new Constitution.
Articles of Confederation
The first constitution of what would become the United States in which sovereignty rested with the thirteen constituent states.
Bicameral
a legislature consisting of two houses.
Confederation
A system of government in which the constituent units are sovereign.
Connecticut Plan or “Great Compromise”
the creation of a bicameral system of representation which balanced the interests of the large and the small states.
Constitutionalism
The creation of a basic law which places limits on the power that can be exercised by government and establishes rights for those who are governed.
Declaration of Independence
The document in which the colonies formally declared their independence from Great Britain.
Federalists
those who advocated a nationalist vision of a strong central government that would be able to exert its influence westward and become a major global actor; they were in favor of the new Constitution.
Madisonian Model
Dividing government into three branches which must share power with each through a system of “checks and balances.”
Natural Rights
Rights which individuals have simply by virtue of being human. Subsequently, individuals cannot be separated from these rights; they are “unalienable.”
New Jersey Plan
a plan for representation which favored the smaller states.
Procedural constitution
a constitution which sets out the procedures government is to follow and not the substance of what government does.
Representative democracy
a system in which the people elect representatives to carry out the task of governing.
Republicanism
A system of governance in which political power rests with the people who exercise that power through representatives who govern on behalf of the masses and not the elites.
Social contract
When rational individuals agree to give up some of their liberties in order to form a government which will protect their natural rights.
Sovereignty
A government which has complete control over a state.
Spirit of ’76
The sense of Republicanism and equality that swept through the colonies following the Declaration of Independence.
Three-fifths compromise
A compromise in which each slave was counted as three-fifths of a person for the purposes of determining representation to the House of Representatives and for determining per-capita taxes paid by the states to the central government.
Virginia Plan
a plan for representation which favored the larger states.
Articles of Confederation
The government in effect from 1777 to 1787 in which there was weak national authority and strong state authority.
Block Grants
Grants-in-aid given to states and cities for broad purposes, allowing recipients considerable control over how the money is spent.
Categorical Grants
Grants-in-aid established by Congress to be used by recipients for specific purposes.
Centrifugal Forces
Propel objects outward from the center; here political factors that give power to the states.
Centripetal Forces
Propel objects toward the center; here political factors that give power to the central government in Washington.
Coercive Federalism
When Congress uses rules attached to grants-in-aid to force states and cities to take certain specified actions.
Confederation
A weak governmental system in which states have more authority than the central government.
Cooperative Federalism
View of the American federal system in which power is shared by the states and the national government.
Creative Federalism
A subset of cooperative federalism in which the national government often gave grants to cities to establish programs to attack social problems.
Dual Federalism
View of the American federalism system in which states and the national government are seen as exercising fixed power in separate spheres. It is a system marked by conflict.
European Union
Economic confederation of twenty-five nations with a total population of about 450 million people.
Exclusive Powers
Constitutional authority, such as control of interstate commerce, that can only be exercised by the national government.
Express Powers
Constitutional authority, such as the ability to declare war, that is specifically granted to Congress.
Federal Mandates
Congressional directives requiring states and cities to take certain actions; often without federal funding.
Federation
Governmental system in which there is a sharing of power between the national government and regional (state) governments, with national laws taking precedence over state laws.
Fiscal Federalism
When Congress uses federal grants-in-aid to compel states and cities to establish policy based on national values.
Formula Grants
Grants-in-aid that are awarded to states or cities that qualify based on meeting standards, such as population size.
Full Faith and Credit
Clause in the Constitution that requires states to recognize the validity of legal acts, such as divorce decrees, of other states.
General Revenue Sharing
Program adopted in 1972 to return money to states and cities with few strings attached. It was ended in 1986.
Grants-in-aid
Money given by the national government to states and cities with rules and regulations attached.
Implied Power
Authority not specifically mentioned in the Constitution that can be inferred from enumerated (express) constitutional authority.
Inherent Power
Authority of Congress or the President that is not expressly granted in the Constitution, but is thought to be fundamental to running the government.
National Supremacy
Governmental system in which the national constitution and laws take precedence over state constitutions and laws.
New Federalism
Program associated with presidents Nixon and Reagan that was designed to give more power to states to develop their own programs.
Patriot Act
Legislation supported by President Bush soon after 9/11 giving the national government more power to monitor terrorist activity in the United States.
Preemptions
Congressional actions that prohibit states, in full or in part, from regulating certain activities.
Project Grants
Grants-in-aid that are awarded by the national government to states and cities based on a competitive application process.
Unitary System
Arrangement in which nearly all power rests with the national government.
The Madisonian System
System who’s most important element is to focus upon compromise and consensus typified the method by which the constitution was developed, and augt to remain an intergral part of the government
Ratification Process
first 6 states approved consitution within a two montn period. An additional four months New Hampshire became the ninth state to approve it. Perusant to article seven, the consitutin now became the highest law of the land. The 13 states support of the consitution became importat. Rhode Island, finally became the 13 and last state to approve the constitution
Limitations on Democracy
Elitism–A small group of people with power control the power and decision making for the government, therby limiting, or perhaps negating any pretense toward fulfilling the hopes of the rule of the majority.
Pluralism–Groups, now mostly referred to as interest grouops, dominate the decision making process in the U.S., e.i., the rule of the polyarchy (the many). THis may motivate people to take an interest in the sytem, but that interst confines itself to the limited agendas of the organizations.
Hyper-pluralism–example of how the affilitation of group politics may limit the practice of the Mdisonian system, of limiting conflict through consensus.
Tyranny–occurs when a person or group takes over the state with the requisite authority, but through suspect, nondemocratic means. Demagogy could lead to tyranny as they are elected through a pretense of democarcy, but as power is gained, they care less for what is legitimate and being to practice arbitrary rule without democracy.
Methods of Changing the consitution
Formal Process is t he proposal and approval process of ammendment; the informal is the changing of interpretation based on values and needs
Proposal process
Methods of proposing an ammendment:
1) two-thirds votre in both the House and Senate
2) A national convention called for by Congress at the request of the legislatures of two-thirds of the states
The Approval Process
Methods of approving amendments:
1) legislatures of three-quarters of states approve
2) by specially convened conventions in three-quarters of the states
Custom, time and usage
As it pertains to the constitution the customs of a particular time allow for a change in the usuage
Judicial review
The ability of the Judicial branch to remove a statutory or administratice law if, in the opinion of a court, it conflicts with the Constitution. No mention of Judicial Review in the constitution, but a product of the Marbury v. Madison, a supreme court decision in which CHief Justice John Marshall reaffirmed the court’s ability to strike down a segment of the Judicary Act of 1789 as uncosntituional since it violated the COnsittuions juridctional authorization of the Surpeme Court.
The Role of the Vice President in Presidential Succession
If the president dies, resins or is otherwise removed from office, the vice-president then takes over thanks to the 25th ammendment, but this was being done before this ammendment as it wa assumed and the ammendment only legitimized it
Importance of Political Parties
Political Parties have turned the decision making process of government into a partisan debate, and organized the sturcture and function of the legislative branch along partisan lines. Major elections were decided on partisan basis, as noted by the transformation of the Electoral College
Three Forms of Governmen
Federalism: the power o the national government is supreme. Both the national government and the states receive and exercise power directly in relationshiop to the people.
Confederation: The power of the state is supreme. The national government exercises power indirectly through the states.
Unitary: THe naitonal government is the only constitutionally empoweredd government of society. Regional government exist at the discretion of the national government
Deleated Powers
These are powes given to the national government and inclucde enumerated or experessedpwoers, as well as, those implied and inherent.
Expressed or Enumerated powers
these are powers specifially listend in the Constution, in Article One, section eight
Implied powers
powers are inferred from the “elastic clause” of the Constitution. This Clause grants the government powers, howeer “necessary and propwer” to carry forth the enumerated powers.
Inherent Powers
Power, based based on time, custom and usage, stems according to the supreme court in U.S. v. Curtiss-Wrtight, from theright of government to exercise power in certain domains, simply because it is a government.
Reserved Powers
These are powers granted to the states based onthese words from the tenth Amendment to the constituion: “Powes not delegated to the Unied States by the Constution, nor prohibited by it to the states, are reseved to the states respectively, or to the people” THis grants the state a number of powers, including those of education and police.
Concurrent Powers
These are powers available to the states that are shared with the national government. They include the power to tax aned the power to establish courts of law.
Denied Powers
Constructinal barriers to power. There are powers denied to the naitonal government, powers denied to the states and powers denied concurrently to both.
Horizontal Fedrealism
type of federalism pertains to the constituional powers mandating responsbilities between and among the states.
Full Faith and Credit
In the practice of full aight and credit, each state must approve the civil decisions , the official records and the judicial judegements of the other states.
Privileges and immunities
in the practice of privleges and immunities, other states grant a citizen of one state the full protection of the law so long as the state grants those rights to its own residents.
Extradition
Means that a state returns a fugitive of justice from naother state upon that states request. Governors are not mandate to comply, but they tend to comply, but if denied they could go to the federal courts, and if it is a federal crime then the federal government will intervene when a fugitive crosses state lines to avoid prosecution, this could happen even if not a federal crime
Interstate compacts
compacts are coordinated efforts to resolve problems specific to the needs of states. The product becomes a joing venture between and among states.
