reversed unit 1 terms Flashcards

1
Q

Proposed by two thirds vote of each house of Congress and ratified by at least three fourths of the state legislatures. Proposed by two thirds vote of each house of Congress and ratified by specially called conventions in at least three fourths of the states. Proposed by a national Constitutional convention requested by at least two thirds of state legislators and ratified by at least three fourths of state legislatures. Proposed by a national Constitutional convention and ratified by specifically called convention in at least three force of the states

A

Amendment process

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2
Q

Independent bipartisan body established by Congress in 1959 to study the operations of the federal system. Composed of 26 members representing national state and local governments as well as the general public. Concentrates on the impact of intergovernmental relations and the means by which they may be improved

A

Advisory commission on intergovernmental relations

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3
Q

People who opposed adoption of the U.S. Constitution. Opposed the centralist tendencies of the Constitution and attacked the failure of the framers to include a Bill of Rights

A

Anti-federalist

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4
Q

Each department of the government exercises a check upon the actions of the others. Not only between the legislative executive and judicial branches but also between the two houses of the legislature and between the states and national government. Examples include presidential veto power judicial review and Congresses impeachment power

A

Checks and balances

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5
Q

States that the US Congress shall have the power to regulate commerce with foreign nations the states and Indian tribes. Commerce includes the production and buying and selling of goods as well as the transportation of people or commodities

A

Commerce clause

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6
Q

Authorities that are possessed by both the national and state governments. Examples include the power to tax maintain courts and charter banks. States exercise concurrently with the national government any power that is not exclusively conferred on the national government by the Constitution and that does not conflict with national law

A

Concurrent powers

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7
Q

A concept that views the states and the national government as cooperating partners in the performance of governmental functions. Rather than as antagonist competitors for power. The grants in aid programs typify this relationship between the national and State governments . I’on example of this would be how the United States Congress required states to raise the drinking age for alcohol from 18 to 21 in order for the individual states to continue to qualify for federal funds for the interstate highways located within each state governments

A

Cooperative Federalism

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8
Q

Established the principle that all states are admitted to the union on equal footing. Congress may not enforce conditions that what undermine the equality of the state. The Supreme Court upheld the right of Oklahoma to change its capital city contrary to requirement in the Congressional enabling act that preceded statehood

A

Coyle vs Smith

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9
Q

Powers granted to the national government under the Constitution. Enumerated powers. Powers given in the first three articles of the Constitution relative to the legislative executive and judicial branches. Article 1 section 8 contains the main compilation of these powers

A

Delegated Powers

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10
Q

A political group or clique that functions within a larger group such as a government, party, or organization. Checks and balances are considered essential in democratic institutions to control the power Factions.

A

Faction

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11
Q

Major example of a national state corporation for federal grant in aid to the states. States met national requirements regarding matching funds,maintenance of roads, location, engineering details, and speed limits so the national government would finance 90% of the costs.

A

Federal Aid Highway Act

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12
Q

A system of government in which a written Constitution divides power between a central government in regional or subdivisional governments. Both governments act directly upon the people through their officials and laws, both are supreme within their proper sphere of authority, and both must consent to constitutional change

A

Federalism

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13
Q

First American political party which evolved during the later phases of George Washington’s presidency. Strongly supported the adoption of the new constitution and the creation of the federal union.

A

Federalist

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14
Q

Obligation of each state and its relation with other states. Article 4 section 1 of the Constitution provides that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. A judicial decision in one state will be honored and enforced in all states

A

Full Faith and Credit

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15
Q

Held that a state may tax the income of a federal employee and that such a tax does not impose an unconstitutional burden on the national government.

A

Graves vs New York ex rel. O’Keefe

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16
Q

Authority possessed by the national government by inference from those powers delegated to it in the Constitution. Example is the power to draft men into the Armed Forces may be deduced from the power delegated to raise armies and navies. Implied powers concept drives from the Elastic clause in article 1 section 8 which Empowers the national government to do all things necessary and proper to carry out It’s delegated powers

A

Implied powers

17
Q

Power of the courts to declare acts of legislative and executive branches unconstitutional. All courts both state and national may exercise this authority though final decision is usually made by highest state or federal court. Judicial review is based on the assumptions that the Constitution is the supreme law, that acts contrary to the Constitution are void, and the judiciary is the guardian of the Constitution

A

Judicial Review (Marbury vs Madison)

18
Q

Massachusetts attacked Maternity Act, which provided federal grants to promote state infant and maternity care programs, charging that the law and it’s grants induced states to yield sovereign rights reserved and that the burden of taxation fell equally on its citizens. Held that the offer of grants did not force the states to do anything or to yield any rights except if they voluntarily chose to participate in the program. Found no burden other than that of taxation, which fell not on the states, but on their inhabitants, who, as citizens of the United States, are properly subject to federal taxes. Most important, the court held that a state could not institute judicial proceedings to protect its citizens from operation of otherwise valid federal laws.

A

Massachusetts vs Mellon

19
Q

An underlying assumption of the American political Creed that persons are endowed by their Creator with certain rights that may not be abridged by government. Human beings had rights in a “state of nature” and created government to protect those rights. Life liberty and property.

A

Natural rights

20
Q

Upheld the power of the national government to establish a bank and denied the state of Maryland the power to tax a branch of the bank. Maryland could not tax a legitimate instrumentality of the national government because this would be an invasion of national supremacy. Established implied powers, Necessary and proper clause of Constitution, and national supremacy, Denies to the states any right to interfere in the constitutional operations of the national government.

A

McCulluch vs Maryland

21
Q

Elastic clause. Final paragraph of article 1 section 8 of the Constitution. Delegates legislative powers to Congress and authorizes all laws necessary and proper to carry out the enumerated powers. McCulloch v Maryland. Implied powers.

A

Necessary and proper clause

22
Q

A theory that a state has the right to nullify any federal law which the state has deemed Unconstitutional. Came from Thomas Jefferson and James Madison in the Kentucky and Virginia resolutions in 1799 protesting the alien and sedition acts. Similar to interposition which is a concept that holds the state may place itself between its citizens and the national government so as to prevent the enforcement of a national law upon its citizens

A

Nullification

23
Q

A form of government in which sovereign power resides in the electorate and is exercised by elected representatives who are responsible to the people. Stands in contradistinction to Monarchical or oligarchical government, In which the rulers have a vested right to office. Distinguished from pure democracy in which the people Govern directly

A

Republic

24
Q

Obligations imposed by Congress on state and local governments or on private-sector entities without providing the funds to pay for them. Examples include environmental controls, special facilities for the disabled, and workplace safety and family leave requirements. Unfunded mandates of more than $50 million are subject to a point of order in either house that can be overcome only by majority vote

A

Unfounded mandates

25
Q

Struck down a federal law that made it a crime to Carry a gun within 1000 feet of the school. Exceeding congressional authority under the commerce clause. Court declared that the law had nothing to do with commerce and intruded on the police power of states. Held that the Federal commerce power extends only to regulation of an activity that “substantially affects” and not merely affects commerce

A

US vs Lopez