Unit 1 exam Flashcards
Declaration of independence
provides the foundation for popular sovereignty; establishes natural rights and social contract; establishes limited government and republicanism
Articles of confederation
first constitution; gave all the power to the states and established a very weak central government
Article 1 of the constitution (sections 1-3)
congress= bicameral legislature; people in house were appointed according to state population; people in senate were represented by 2 senators per state; house chosen by people in the state, senate chosen by state legislatures.
Article 1 section 8
powers of congress (to lay and collect taxes, borrow money, regulate commerce, coin money, declare war, raise armies and navy, make laws that are necessary and proper)
Article 1 section 9
Lists the restrictions and rules that must be followed regarding certain powers of congress (no preference given, no money taken from treasury)
Article 1 section 10
Limitations on state governments ( cant make treaties, coin money, lay imposts on im/exports)
Article 2
executive power vested in the president, who will also be commander in chief of the army and navy.
Article 3
judicial power vested in the supreme court
Article 6
supremacy clause
According to federalist 10 Madison believes factions are problematic to the government bc…
they create division and can disrupt the government when they are in opposition
ACTF10, madison believes factions cant be destroyed bc…
that would destroy liberty
ACTF10 madison believes the best way to control factions is..
to control their effects, and this can be done through a republican government.
ACTF10(madison) as the nation grows…
parties and interests do as well, factions will be diluted, factions forced to compromise their interests in order to pass legislation that considers the common good of society.
Which is better according to Brutus 1 (antifederalist) a confederacy of state governments or a strong central government?
a confederacy of state governments
Brutus 1 is concerned that…
because a central authority can pass any law imaginable (necessary and proper clause) and crush any state laws through their own(supremacy clause), state governments would become inferior.
(Federalist 51 Madison) The separation of powers/ checks and balances…
create a government that can effectively rule over the people while also protecting them from governmental abuse.
(F51, Madison) Each branch of government needs…
as much power independent of the others as possible, and that such power must be equally distributed
(F51-Madison) Due to their immense amount of power, the legislative branch is…
divided into 2 different branches (bicameral legislature) w/ different modes of election and principles of action.
(F51-Madison) Federalism:
state and national governments; liberty will be upheld (double security)
Legislative branch:
makes laws, can tax people/control money, can declare war
Executive branch:
enforce laws, make treaties, lead military, grand pardons
Judicial branch:
interprets laws, reviews decisions of state and lower federal courts.
Checks and balances:
Each branch can check each other (legislative can impeach the president, executive can veto laws, judicial can rule out constitutionality of laws.)
Republican gov:
authority delegated to elected representatives to make decisions on behalf of the citizens.
Limited gov:
a governing body whose power is within limits set by the constitution, upholding natural rights, popular sovereignty, republicanism, and social contract
Bicameralism:
Having 2 branches in one legislative branch; the house represents individual districts of states determined by state population, the senate represents the entire state regardless of population
Bill of rights (first 10 amendments)
protects basic rights and establishes rights the government can not abolish; prevents tyrannical government with safeguards
Amendment 1
speech, religion, press, assembly, protest
Amendment 2
right to bear firearms
Amendment 3
not subject to quarter soliders
Amendment 4
belongings/property can not be searched with out a warrant
Amendment 5
citizens have a right to grand jury, and cant be accused of the same crime twice.
Amendment 6
citizens have right to public trial and information
Amendment 7
jury decision is final
Amendment 8
no citizen subject to excessive bail/fines; no cruel and unusual punishment
Amendment 9
just because a right has not been specifically defined does not mean the right shall be denied for the people.
Amendment 10
Any powers not delegated to the federal government are reserved to the states
Judicial review
supreme court can review other branches of government and declare their actions/laws unconstitutional.
Natural rights
All peoples right of life, liberty and property
The great compromise
established bicameral legislature, house seats based on population, senate=2 per state
Impeachment
formal accusation against the president, first step in removal from office.
Elite theory
wealthy members of an American society hold a degree of power that is heavily disproportionate.
Participatory democracy
citizens are provided power to make political decisions
Enumerated powers
powers of the federal government that are specifically addressed in the constitution
Natural law
doctrine that society should be governed by certain ethical principles that are part of nature
Majoritarianism
asserts that a majority of the population is entitled to a certain degree of primacy in society, and has the right o make decisions that affect the society
3/5 Compromise
a slave is counted as 3/5ths of a person when it comes to the population of the state
Anti Federalists
wanted to keep state governments strong and central government weak, opposed ratification of new constitution
Federalists
wanted strong central/national government; believed in the need for a strong executive branch
Popular sovereignty
The principle that the authority of the government is created and sustained by the consent of its people through their elected representatives.
Social Contract
people create a government to protect the rights of the people
Pluralist theory
citizen relationship in groups is key to political power, no single elite has monopoly on power, results in negotiation, and compromise.
Shays Rebellion
series of protests in 1786-87 by American farmers against state and local enforcement on tax collection and judgements for debt; showed the weakness of the Articles when the central government couldn’t help the state to shut down the rebellion.
Clean Air Act (1970)
required EPA to develop and enforce regulations to protect the public from airborne containments
Clean Water Act (1972)
requires industries to use pollution control tech and obtain EPA permits to discharge waste into waters
Civil Rights Act (1964)
made racial, religious, and sex discriminations by employers/businesses illegal and gave the government power to enforce all laws regarding civil rights
American Disabilities Act
prohibits discrimination against individuals with disabilities in all areas of public life.
Commerce Clause
congress had the power to regulate interstate commerce (trade between states)
Full faith and credit clause
adresses the duties that states have to respect the public acts, records, and judicial proceedings of every other state
Supremacy clause
federal law is supreme over all other governments
Elastic clause
allows congress to make all laws that are “necessary and proper” (implied power)
Extradition
legal process where a criminal offender is surrendered by the officials of one state to the officials of the state in which the crime is alleged to have been committed.
Exclusive powers
powers that are specifically given to the state or federal governments
Reserved powers
given to state governments only (incenses, marriages)
Concurrent powers
given to federal and state governments (taxes, borrow money, establish banks)
Dual Federalism
Federal and state governments do not overlap (layer cake federalism)
Cooperative federalism
Federal and state governments share responsibilities (marble cake federalism)
Privileges and immunities clause
Article 4 section 2, a state cannot unreasonably discriminate against citizens of another state
Implied powers
not directly stated in the constitution (regulating immigration)
Categorial grants
federal money given to states for a specific purpose; give more power to federal gov; states must meet a specific criteria (food stamps)
Block Grants
federal money given to states for a broad purpose; more freedom for state to use the money, fewer criteria (public health, edu)
Power to tax
power given to congress to “provide for the common defense and general welfare”
Doctrine of nullification
a state can declare null and void federal law that, in the states opinion, violates the constitution