Test 1 Flashcards
Power
The ability to get others to do what you want
Sovereignty
Has the final say/the final authority
Articles of Confederation
An agreement among the states; the original constitution of the US, ratified in 1781, which was replaced by the US Constitution in 1789
Monarchy
Rule by one
Tyranny
Unrestrained rule
Democracy
Majority rule
Constitutional Government
Limited rule
Federalism
Government authority shared by national and local governments
Nullification
The doctrine that a state can declare null and void a federal law that, in the state’s opinion, violates the Constitution
Mandates
Terms set by the national government that states must meet whether or not they accept federal grants
Culture
Any learned social behavior comprising one’s way of life
Bill of Attainder
A law that declares a person, without a trial, to be guilty of a crime
Writ of Habeas Corpus
An order to produce an arrested person before a judge
If you are detained, they must provide the evidence and tell you the reason
Ex Post Facto Laws
A law that makes an act criminal even though the act was legal when it was committed
Anti-Federalist
Opposed to the Constitution
Confederation
A confederation is a type of government made up of a league of independent nations or states. Each state is independent and has its own authority and autonomy, but they come together for some sort of shared government
Secession
The withdrawal in 1860–61 of 11 Southern states from the Union to form the Confederacy, precipitating the American Civil War
(In the end, the national government was supreme, and thus the states could not lawfully secede from the Union
Unitary System
A system of government where sovereignty is fully vested in the national government, not the states
The Great Compromise (Connecticut Compromise)
House of Representatives: Based on population
Senate: Equal representation; 2 senators per state
New Jersey Plan
Every state has equal representation
Virginia Plan
Legislature represented by population
Federalist Papers
Written by James Madison, Alexander Hamilton, and John Jay; A collection of “Letters to the Editor” that promoted the ratification of the Constitution of the United States
Democracy in America
Written by Alexis de Tocqueville (Frenchman, 1805-1859)
Highlights the contrast between aristocratic Europe and democratic America; examines liberties like freedom of speech; exposes dangers like the tyranny of the majority; and analyzes the impacts of individualism, decentralization, and slavery on American society.
State Dependence on Federal Money
Conditions of aid, which are terms set by the national government that states must meet if they are to receive certain federal funds, put the states in a difficult position. In theory, accepting these conditions is voluntary—if you don’t want the strings, don’t take the money. But when the typical state depends for a quarter or more of its budget on federal grants, many of which it has received for years and on which many of its citizens depend for their livelihoods, it is not clear exactly how “voluntary” such acceptance is.
The Compromise on Slavery
A slave would count as 60% (3/5) of a person when counting a state’s population
Runaway slaves would be returned to their owner
The importation of slaves would be banned after 1808
Shay’s Rebellion
A 1787 rebellion in which ex-Revolutionary War soldiers attempted to prevent foreclosures of farms as a result of high interest rates and taxes
America’s Political Values
Freedom of Choice
Equality
The Constitutional Convention
Triggered by Shay’s Rebellion
Originally to amend the Articles of Confederation; Instead, the new Constitution was written
Benjamin Franklin, George Washington, James Madison, and Alexander Hamilton were in attendance
How did amendments become part of the Constitution?
Congress: 2/3 of both houses
State Legislature: approval by 3/4 of all state legislatures
OR
Constitutional Convention: called by 2/3 of the states
State Conventions: approval by 3/4 of the state conventions
What are the branches of government?
Legislative, Executive, and Judicial
What is the function of the legislative branch?
Writes the laws; Congress
What is the function of the executive branch?
Executes the laws; President
What is the function of the judicial branch?
Interprets the laws; The courts
McCulloch v. Maryland
McCulloch v. Maryland (1819) is one of the first and most important Supreme Court cases on federal power. In this case, the Supreme Court held that Congress has implied powers
Commerce clause: Congress can regulate commerce
“Necessary & Proper” clause: Stretches the powers of the national government, giving them implied powers of sovereignty
“Federal Supremacy” clause: when the national government is sovereign, the states don’t have the right to interfere
Anti-Federalist Criticisms
But if a stronger national government was to be created, it should be hedged about with many more restrictions than those in the constitution that was under consideration. They proposed:
Narrowing the jurisdiction of the Supreme Court
Checking the president’s power by creating a council that would review his actions
Leaving military affairs in the hands of the state militias
Increasing the size of the House of Representatives so that it would reflect a greater variety of popular interests
Reducing or eliminating the power of Congress to levy taxes
Adding a bill of rights to the Constitution
Federalist Responses (to the Anti-Federalist Criticisms)
It was argued that liberty is safest in large (extended) republics. In small communities, there are few differences in opinion or interest which can lead to the isolation of those with individual interests and opinions. But a large republic will include people with many opinions and interests; as a result, it will be hard for a tyrannical majority to form or organize, and anyone with an unpopular view will find it easier to acquire allies
What did the evolution of federalism look like?
The Framers of the Constitution created a federal system of government because they wanted to balance the power of the central government with states. Since the Founding, the balance of power between the national government and the states has shifted over time. Overall, the federal government’s power and responsibilities have increased, particularly with the expansion of programs in the 20th and 21st centuries.
What types of grants-in-aid are there? What are the reasons for them?
Grants-in-aid are money given by the national government to the states. A federal grant in aid allows the government to publicly fund a project and still operate independently from the state. The funds come with standards and requirements.
Categorical Grants: has to be used for a specific purpose; there are strict limitations on how it can be spent
Block Grants: block of money given for a general/broad purpose
General Revenue Sharing: can be spent on anything; federal government no longer gives this type of grant out, however, states provide them to local government
Federalist
In support of the Constitution
America’s Economic Values
Freedom of Choice
Inequality
Political Culture
A patterned and sustained way of thinking about how political and economic life ought to be carried out
