Unit 1 Flashcards
Constitution Underpinnings
What is democracy?
Rule by the people.
What are the two types of democracy?
- Direct: rule by the people themselves.
- Indirect (representative): rule by elected representatives.
What concerns did the Founders have about direct democracy?
- Impracticalities.
- Fleeting passions of the people leading to influence by demagogues.
What is a Republic?
Same as Representative Democracy/Indirect Democracy; solves problems of direct democracy.
What does Democratic Theory encompass?
- Majoritarian politics view: leaders influenced by the will of the people.
- Elite politics views: minorities dominate policy making.
- Pluralist view: many groups compete for control over policy.
What is the Hyperpluralist View?
Pluralism gone sour; too many strong groups lead to government gridlock.
What are the fundamental democratic values?
- Popular sovereignty.
- Respect for the individual.
- Liberty.
- Equality (of opportunity more than result).
What are the fundamental democratic processes?
- Free and fair elections with competing political parties.
- Majority rule with minority rights.
- Freedom of expression.
- Right to assemble and protest.
What are the fundamental democratic structures?
- Federalism.
- Separation of powers.
- Checks and balances.
- Constitutionalism.
What are the sources of the Constitution?
- British Customs and Traditions (e.g., Magna Carta).
- European Philosophers (e.g., Locke, Hobbes).
- Colonial experiences (e.g., power of elected assembly).
- State constitutions.
What was the significance of the Constitutional Convention of 1787?
Addressed weaknesses of the Articles of Confederation and established a stronger national government.
What were the characteristics of the delegates at the Constitutional Convention?
“Well-read, well-bred, well-fed, and well-wed.”
Who is known as the ‘Father of the Constitution’?
James Madison.
What was the Virginia Plan?
Proposed representation based on population; favored by large states.
What was the New Jersey Plan?
Proposed equal representation for all states; favored by small states.
What was the Connecticut (Great) Compromise?
Established a bicameral legislature with a House based on population and a Senate with equal representation.
What was the 3/5 Compromise?
3/5 of the slaves would count for both representation and taxation.
What compromise was reached regarding the election of the President?
Compromise of a 4-year term and establishment of the Electoral College system.
Who were the Federalists?
- Supporters: property owners, creditors, merchants.
- Views: elites most fit to govern; favored strong central government.
Who were the Antifederalists?
- Supporters: small farmers, frontiersmen, debtors.
- Views: feared concentration of power; favored stronger state governments.
What were the Federalists’ advantages during ratification?
- Better representation in state legislatures.
- Controlled the press.
- Agreed to a Bill of Rights after ratification.
What is the significance of The Federalist Papers?
Written by Madison, Hamilton, and Jay to rally support for ratification of the Constitution.
What is the principle of separation of powers?
Division of power among legislative, executive, and judicial branches to prevent tyranny.
What is the purpose of checks and balances?
Each branch can check the other two to prevent abuse of power.
How did political parties affect checks and balances?
In theory, they should weaken checks and balances; in reality, parties are often weak.
What impact has the growth of federal bureaucracy had on checks and balances?
It has caused a weakening of checks and balances due to the broad authority granted to agencies.
What is limited government?
Government has only those powers listed in the Constitution.
What is judicial review?
Power of courts to strike down laws or governmental actions.
What case established judicial review?
Marbury v. Madison, 1803.
What was the decision in Marbury v. Madison?
Struck down section 13 of the Judiciary Act of 1789 as unconstitutional.
What effect does judicial review have on public policy?
Citizens can challenge the constitutionality of laws in court.
What is judicial review?
The power of citizens to challenge the constitutionality of laws in court by initiating lawsuits.
Who was Chief Justice during the establishment of judicial review?
John Marshall
What is an example of litigation influencing public policy?
Gideon v. Wainwright, 1963
What are informal ways to change the Constitution?
Acts of Congress, Judicial rulings, Presidential actions, Customs and traditions.
Fill in the blank: The Constitution serves as a _______.
framework
What is the significance of the phrase ‘Constitution belongs to the living, not the dead’?
It implies that each generation may need a new Constitution, but informal changes have allowed adaptation.
What is required for a formal amendment to the Constitution?
Proposal by 2/3 vote in both houses of Congress or a convention called by 2/3 of states.
What are the two methods of ratification for amendments?
3/4 of state legislatures or ratifying conventions in 3/4 of states.
What does federalism refer to?
The constitutional division of power between the national government and state governments.
What are reasons for establishing a federal system in the U.S.?
Avoidance of unitary and confederate systems, unity without uniformity, suitable for large and diverse populations.
What does the 10th Amendment state?
Powers not granted to the national government are reserved for the states.
What is dual federalism?
A system where state and national governments remain supreme within their own spheres.
What characterizes cooperative federalism?
Mingling of responsibilities between state and national governments.
What is new federalism?
The shifting of some authority back to the states.
What are the categories of delegated powers of the national government?
Expressed, Implied, Inherent.
What does the full faith and credit clause require?
Each state must honor the public acts, records, and legal proceedings of other states.
What does the privileges and immunities clause ensure?
Each state must grant citizens of other states the same rights as its own citizens.
What is the role of the federal government in state obligations?
Guarantee a republican form of government, protect against invasion, grant new states equal rights.
What is the significance of McCulloch v. Maryland, 1819?
Established the necessity for a flexible interpretation of the Constitution and affirmed national supremacy.
What is the elastic clause?
Allows Congress to pass laws ‘necessary and proper’ to carry out expressed powers.
What are the recent developments in federalism?
Evolution towards greater federal control, Nixon’s New Federalism, and the devolution of power back to states.
What was the Unfunded Mandates Reform Act of 1995?
Restricted future unfunded mandates imposed on states.
What are federal grants used for?
To reduce federal bureaucracy, supply revenue to state and local governments, and establish minimum federal standards.
True or False: States have the authority to regulate marriage without federal intervention.
True
What is an example of a federal mandate?
Federal guidelines attached to funding, such as education requirements.
What has been the trend in federal grants to state and local governments over the last several decades?
Dollar amounts have consistently risen, though there has been variation in grants as a percentage of federal expenditures.
What are the purposes of federal grants?
- Reduces growth of federal bureaucracy
- Supplies state and local governments with needed revenue
- Establishes minimum federal standards in important areas
- Equalizes resources among rich and poor states
What are categorical grants?
Grants for specific programs, such as roads and housing, where the national government pays a portion of the costs.
What are project grants?
Grants for specific projects that states apply for, leading to competition in ‘grant writing.’
What are block grants?
Grants granted to support a collection of general programs, allowing more state leeway in spending.
How do Democrats and Republicans differ in their approach to federal grants?
Democrats favor greater funding with more strings attached, while Republicans favor less funding with fewer strings.
What significant change did the Personal Responsibility and Work Opportunity Reconciliation Act (Welfare Reform Act of 1996) bring?
It replaced welfare categorical grants with welfare block grants.
What are the conditions imposed by the Welfare Reform Act on block grants?
- No federal funds for recipients who have not worked within 2 years
- No federal funds for recipients who have received federal money for more than 5 years
- States must spend at least 75% of what they previously spent on welfare
What is a federal mandate?
A federal order imposed upon states, such as the Americans with Disabilities Act.
What are unfunded mandates?
Mandates that impose financial burdens on states without providing federal funding.
What was the Unfunded Mandates Reform Act of 1995?
It restricted future unfunded mandates and required analysis of their impact on states.
What are some nonconstitutional reasons for the triumph of the nationalist approach in American federalism?
- Growth of U.S. in size and population
- Problems tend to be more national in scope
- Improved communication and transportation
- Historical developments that supported a strong federal government
What was the general consensus in the late 1970s regarding the power of government?
That the power of government had gone too far.
What is the significance of the phrase ‘the era of big government is over’ declared by Clinton in 1996?
It signified a shift towards welfare reform and reduced government intervention.
What are the two types of democracy?
- Direct democracy
- Indirect (representative) democracy
What is a republic?
Same as Representative Democracy/Indirect Democracy, solving problems of direct democracy.
What is the majoritarian politics view?
Leaders are heavily influenced by the will of the people.
What does the elite politics view suggest?
Minorities dominate policy making.
What is the pluralist view of democracy?
Political resources are so scattered that no single elite has a monopoly on them.
What is the hyperpluralist view?
There are so many strong groups that government becomes gridlocked and unable to act.
What are some fundamental democratic values?
- Popular sovereignty
- Respect for the individual
- Liberty
- Equality
What are some fundamental democratic processes?
- Free and fair elections
- Majority rule with minority rights
- Freedom of expression
- Right to assemble and protest
What are the fundamental democratic structures?
- Federalism
- Separation of powers
- Checks and balances
- Constitutionalism
What were the sources of the Constitution?
- British customs and traditions
- European philosophers
- Colonial experiences
- State constitutions
What was the significance of Shays’ Rebellion in 1786?
It highlighted the necessity of a stronger national government.
Who is known as the ‘Father of the Constitution’?
James Madison
What was the Great Compromise?
A bicameral legislature with a House based on population and a Senate with equal representation.
What was the compromise regarding the election of the President?
The establishment of the Electoral College system.
Who were the Federalists?
Supporters of the Constitution, mainly property owners and elites who favored a strong central government.
Who were the Antifederalists?
Opponents of the Constitution, primarily small farmers and those fearing a strong central government.
What advantages did the Federalists have during ratification?
- Better representation in state legislatures
- Control of the press
- Initiated ratification procedures
What did the Antifederalists fear regarding government power?
Concentration of power in hands of elites
Antifederalists believed that government should be closer to the people and feared a strong central government.
Who were key leaders of the Antifederalist movement?
Henry, Mason, Gerry
These leaders voiced concerns about the Constitution and the need for a Bill of Rights.
What advantages did Federalists have during the ratification process?
- Better representation in state legislatures
- Controlled the press
- Initiated ratification procedures quickly
- Agreed to a Bill of Rights post-ratification
These factors helped them secure support for the Constitution.
What are The Federalist Papers?
Essays written by Madison, Hamilton, and Jay to rally support for ratification of the Constitution
They played a crucial role in influencing public opinion.
What is the principle of separation of powers?
Division of power among the legislative, executive, and judicial branches
This principle was established to prevent tyranny and diffuse governmental power.
What is the purpose of checks and balances?
To prevent any one branch of government from becoming too powerful
Each branch can check the others to maintain a balance of power.
What are some examples of checks and balances?
- Veto
- Veto override
- Appointment and confirmation
- Treaty-making and ratification
- Defense funding and Commander-In-Chief
These mechanisms ensure accountability among branches.
True or False: Political parties strengthen checks and balances.
False
In theory, parties should weaken checks and balances by bringing branches together, but in practice, they are often weak.
What impact have changes in voting methods had on checks and balances?
Weakened checks and balances in theory
Senators and Congress members are now chosen by the same electorate, leading to potential conflicts.
How has the growth of federal bureaucracy affected checks and balances?
Weakened checks and balances
Agencies are granted broad authority, which can reduce the effectiveness of checks on government power.
What role has technology played in checks and balances?
Can both strengthen and weaken checks and balances
New technologies have allowed the President, Congress, and others to enhance their power.
How did the emergence of the U.S. as a world power affect checks and balances?
Concentrated power in the executive branch
The need for strong and efficient responses to global crises has led to an ‘imperial presidency.’
What is limited government?
Government has only those powers listed in the Constitution
This concept aims to prevent tyranny by restricting governmental authority.
What is judicial review?
The power of courts to strike down laws or governmental actions
Established by Marbury v. Madison in 1803.
What was the outcome of Marbury v. Madison?
Established judicial review by striking down part of the Judiciary Act of 1789
This case increased the power of the Supreme Court.
What are some informal methods of changing the Constitution?
- Acts of Congress
- Judicial rulings
- Presidential actions
- Customs and traditions
These methods allow adaptation without formal amendments.
What are the two methods of proposing amendments to the Constitution?
- 2/3 vote from both houses of Congress
- Constitutional convention called by 2/3 of states
The first method is commonly used.
What is federalism?
Constitutional division of power between national and state governments
Both levels derive their powers from the Constitution.
What are the three categories of delegated powers for the national government?
- Expressed (enumerated)
- Implied
- Inherent
These powers define the scope of national authority.
What does Amendment 10 state?
Powers not granted to the national government are reserved for the states
This amendment emphasizes state sovereignty.
What are concurrent powers?
Powers held by both national and state governments
Examples include taxing and establishing courts.
What is the significance of Article VI regarding national supremacy?
National government is supreme in case of conflict between state and federal law
This clause ensures federal authority prevails.
What obligations does the national government have to the states?
- Guarantee republican form of government
- Protect against invasion or domestic violence
- Grant new states equal rights
These obligations support state integrity.
What is the full faith and credit clause?
Each state must honor the public acts, records, and legal proceedings of other states
This clause promotes legal consistency across states.
What is the first obligation of the national government to the states?
Guarantee each state a republican form of government.
What does the Full Faith and Credit Clause require?
Each state must honor the public acts, records, and legal proceedings of other states.
What is an example of the Full Faith and Credit Clause?
Birth certificates, marriages, debts.
What does the Privileges and Immunities Clause state?
Each state must grant to citizens of other states the same rights and privileges that they grant to their own citizens.
What is the requirement of extradition between states?
Governors must return suspects to the states in which they allegedly committed their crimes.
What do interstate compacts require?
Consent of Congress.
What does the Decentralist (states’ rights) approach imply about national authority?
The Constitution carefully limits national authority to delegated powers.
Which amendment gives broad powers to states?
10th Amendment.
Who are some followers of the Decentralist approach?
- Calhoun
- Goldwater
- Reagan
- Southern conservatives
- Western conservatives
- Christian fundamentalists
- Newt Gingrich
- Bush 43
What does the Centralist (nationalist) approach argue regarding the Constitution?
It was created by the people, not the states.
What powers do the Elastic, Commerce, and Taxing/Spending clauses grant to the national government?
Great power to the national government.
What was established in McCulloch v. Maryland (1819)?
The need for a more flexible interpretation of the Constitution and the establishment of national supremacy.
What does the Elastic Clause allow Congress to do?
Pass laws ‘necessary and proper’ to carry out expressed powers.
What is the impact of the Commerce Clause?
Congress can regulate virtually anything as interstate or foreign commerce.
What can happen if states do not comply with federal guidelines when accepting federal funds?
Federal funds can be denied.
What is the purpose of federal grants?
- Reduces growth of federal bureaucracy
- Supplies state and local governments with needed revenue
- Establishes minimum federal standards
- Equalizes resources among rich and poor states.
What are categorical grants?
Grants for specific programs where the national government agrees to pay a portion of the costs.
What is a block grant?
Granted to support a collection of general programs with more state leeway in spending.
What was the outcome of the Unfunded Mandates Reform Act of 1995?
Restricted future unfunded mandates.
What are federal mandates?
Federal orders imposed upon states.
What is one example of a federal mandate?
Americans with Disabilities Act.
What did the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 change about welfare?
Ended welfare as a federal entitlement.
What is the general Republican stance on federal grants?
Favor less funding with fewer ‘strings’ associated with block grants.
What is an exception to the Republican approach regarding federal grants?
Support of the No Child Left Behind Act of 2002.
What was a significant effect of the economic crisis of 2008-2009 on federal spending?
Massive federal spending bills to stimulate the economy.
What did Clinton declare in 1996 regarding the role of government?
‘The era of big government is over.’
True or False: The era of big government has ended.
False.
What was the impact of wars in Afghanistan and Iraq on government spending?
Led to huge military spending increases.
