gov test 1 Flashcards
Americans with Disabilities Act
Prohibits discrimination against people with disabilities in a real such as employment, transportation, and access to government programs or services.
Who were Federalists?
Supporters of the proposed constitution, who called for a strong national government.
Who were Antifederalists
Opposed the proposed constitution and favored stronger state government.
Fed 10
An essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government.
Weaknesses of the Articles of Confederation
Each state had one vote in congress, regardless of size.
Supremacy Clause
Constitutional provision declaring that the Constitution and all national laws and treaties are the supreme law of the land.
Concurrent Powers
Powers granted to both states and the federal government in the Constitution.
Reserved Powers
Powers not given to the national government, which are retained by the states and the people.
Expressed Powers
Powers explicitly granted to the national government through the Constitution.
Great Compromise
Bicameral Legislature with a House of Representatives apportioned proportionately.
Federalism Definition
The sharing of power between the national and state governments.
Popular Sovereignty, Limited Government
The idea that the government’s right to rule comes from the people.
Checks and Balances Examples
A design of government in which each branch has powers that can prevent the other branches from making policy.
Natural Rights
The right to life, liberty, and property, which government cannot take away.
Republicanism
A system in which the government’s authority comes from the people.
Elastic Clause or Necessary and Proper Clause
Article 1 section 8, grants congress powers to carry out enumerated powers.
Devolution of Federalism
Returning more authority to state or local governments.
Models of Democracy
participatory (Political participation is essential for a democratic GOV.)
Gibbons v Ogden (Question Decision and Reason)
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.
McCulloch v Maryland (Question Decision and Reasoning)
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.”
U.S. v Lopez (Question Decision and Reasoning)
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.
Gonzales v Raich (Question Decision and Reasoning)
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.
Obergefell v Hodges (Question Decision and Reasoning)
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
U.S. v Windsor (Question Decision and Reasoning)
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.
