gov test 1 Flashcards

1
Q

Americans with Disabilities Act

A

Prohibits discrimination against people with disabilities in a real such as employment, transportation, and access to government programs or services.

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2
Q

Who were Federalists?

A

Supporters of the proposed constitution, who called for a strong national government.

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3
Q

Who were Antifederalists

A

Opposed the proposed constitution and favored stronger state government.

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4
Q

Fed 10

A

An essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government.

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5
Q

Weaknesses of the Articles of Confederation

A

Each state had one vote in congress, regardless of size.

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6
Q

Supremacy Clause

A

Constitutional provision declaring that the Constitution and all national laws and treaties are the supreme law of the land.

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7
Q

Concurrent Powers

A

Powers granted to both states and the federal government in the Constitution.

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8
Q

Reserved Powers

A

Powers not given to the national government, which are retained by the states and the people.

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9
Q

Expressed Powers

A

Powers explicitly granted to the national government through the Constitution.

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10
Q

Great Compromise

A

Bicameral Legislature with a House of Representatives apportioned proportionately.

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11
Q

Federalism Definition

A

The sharing of power between the national and state governments.

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12
Q

Popular Sovereignty, Limited Government

A

The idea that the government’s right to rule comes from the people.

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13
Q

Checks and Balances Examples

A

A design of government in which each branch has powers that can prevent the other branches from making policy.

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14
Q

Natural Rights

A

The right to life, liberty, and property, which government cannot take away.

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15
Q

Republicanism

A

A system in which the government’s authority comes from the people.

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16
Q

Elastic Clause or Necessary and Proper Clause

A

Article 1 section 8, grants congress powers to carry out enumerated powers.

17
Q

Devolution of Federalism

A

Returning more authority to state or local governments.

18
Q

Models of Democracy

A

participatory (Political participation is essential for a democratic GOV.)

19
Q

Gibbons v Ogden (Question Decision and Reason)

A

Q: Whether New York had the right to grant monopoly on interstate waterways.
D: Supreme Court forbid states from enacting legislation to interfere with Congress regulating commerce.
R:GOV asserted that Congress regulated commerce.

20
Q

McCulloch v Maryland (Question Decision and Reasoning)

A

Q: Did Congress have authority to establish the bank under the Constitution?
D: Federal Gov had the right to set up a bank and the states could not tax the federal gov.
R: “The power to tax involves the power to destroy.”

21
Q

U.S. v Lopez (Question Decision and Reasoning)

A

Q: Was gun free school zones act unconstitutional use of Congress’s power?
D: It does not impact any interstate commerce. Act forbids any individual to possess a firearm in a school zone.
R: Federal government cannot create laws prohibiting gun possessions near schools on the commerce clause.

22
Q

Gonzales v Raich (Question Decision and Reasoning)

A

Q: Does the Controlled Substance Act exceed Congress’ power to the cultivation and possession of marijuana?
D: No. Congress has authority to prohibit the use and cultivation despite state law.
R: Congress firm commerce clause power to regulate activities.

23
Q

Obergefell v Hodges (Question Decision and Reasoning)

A

Q: Does the 14th amendment require a state to license a marriage between 2 people of the same sex?
D:Yes
R: Due Process Clause guarantees the right to marry, and it applies to same sex as opposite sex. Equal protection clause

24
Q

U.S. v Windsor (Question Decision and Reasoning)

A

Q: Does the executive branch agreement with the lower court that something is unconstitutional deprive the Supreme Court of jurisdiction of the case.
D:No, unanswered, yes.
R: he Supreme Court despite the executives branch agreement regarding DOMA (Defense of Marriage) unconstitutional, there is a significant enough stake in the issue to support the Supreme Courts jurisdiction.