Unit 1: Foundations Flashcards

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1
Q

What it the social contract?

A

An agreement between people and government in which citizens consent to be governed as long as their natural rights are protected

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2
Q

What is a participatory democracy?

A

A democracy where citizens have the power to decide directly on policy and politicians enact these decisions

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3
Q

What is pluralism?

A

competition between multiple major social groups with interests that shape public policy

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4
Q

What is elitist democracy?

A

A small minority, consisting of the economic elite and policy-planning networks, that hold the power, separate from democratic elections

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5
Q

What is popular sovereignty?

A

The principle that a government derives its power from the consent of the people, primarily through elected representatives

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6
Q

What is limited government?

A

A political system in which the government’s power is restricted by laws or a written constitution

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7
Q

What are natural rights?

A

the right to life, liberty, and property, which no government can take away

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8
Q

What is republicanism?

A

The principle of governing through elected representatives

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9
Q

What were the major problems with the Articles of Confederation

A

-Fed. Gov. could not tax citizens or states
-States did not have to follow laws
-No executive branch so no military and protection from outside threats
-No court system so no enforcement of laws
-Nearly impossible to modify (13/13 votes to amend)

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10
Q

What was Shay’s Rebellion?

A

1786- Massachusetts
Farmers that fought in the Rev. War received little compensation and had to pay heavy taxes in Mass. so they fought back.
There was no standing army to fight the rebellion.

Displayed the weaknesses of the AoC

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11
Q

What is the structure of the constitution?

A
  1. Legislative Branch
  2. Executive Branch
  3. Judicial Branch
  4. Interactions between states
  5. Amendments
  6. Supreme Law of the Land
  7. Ratification
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12
Q

What are checks and balances?

A

A provision in government to ensure that any one branch of government cannot overtake the other branches or act in its own best interest.

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13
Q

What is Federalism?

A

the division of power among one national government and many state governments

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14
Q

What are reserved powers?

A

powers that only states have

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15
Q

What are concurrent powers?

A

powers shared between the federal and state governments

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16
Q

What is the 14th Amendment?

A

Defines citizenship and promises equal protection under the law

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17
Q

What are factions?

A

Small groups within a larger entity, often with competing interests

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18
Q

What is the full faith and credit clause?

A

States must respect each other’s rulings

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19
Q

What is the commerce clause?

A

Art. 1, Sec. 8: Allows congress to regulate interstate commerce

20
Q

What is dual federalism?

A

Everything is clearly divided among the national, state, and local governments

21
Q

What is cooperative federalism?

A

Programs and authorities mixing among the national, state, and local governments

22
Q

What is fiscal federalism?

A

The pattern of spending, taxing, and providing grants in the federal system as it is the cornerstone of the national government’s relations with state and local governments

23
Q

What are categorical grants?

A

Grants that can only be used for specific purposes
-Often come with strings attached

24
Q

What are block grants?

A

Grants given automatically to support broad programs
-Areas such as community development and social services

25
Q

What are exclusive powers?

A

Powers given exclusively to the federal government

26
Q

What is the 10th amendment?

A

All powers not delegated in the constitution go to the states
Established reserved powers

27
Q

What are Enumerated Powers?

A

Powers explicitly given to the federal government in the constitution

28
Q

What is the elastic clause?

A

Art. 1, Sec. 8, part that authorizes congress to pass all laws “necessary and proper” to carry out enumerated powers

Also dubbed the necessary and proper clause

29
Q

What are implied powers?

A

powers given to the federal government that are NOT explicitly stated in then constitution

30
Q

What is the amendment process?

A
  1. Proposed by 2/3 of both houses in congress, or 2/3 vote of the national convention
  2. Passed/ratified by 3/4 of state legislatures or 3/4 of special state conventions

There have been 27 amendments

31
Q

What is the separation of powers?

A

The division between the legislative, executive, and judicial branches as laid out in the constitution

32
Q

What are checks and balances?

A

The ability of one branch of the government to check another

-President can veto
-Judiciary can rule a law unconstitutional
-Legislative can veto a veto

33
Q

What is Fed 10?

A

Madison, Federalist argument:

Arguing for a republican form of governemnt
-Large republics can fight political interest groups and factions because it is harder for them to rise up against the people
-protects democracy

34
Q

What is Brutus 1?

A

Antifederalist argument:

arguing against a large republic
-believes a confederacy is better
-argues using the necessary and proper clause
-argues using the supremacy clause
-believes that there is no use for state governments under these clauses
-uses philosophers’ arguments to display his opinion that a republic cannot last in large territories because representatives cannot adequately represent the people

35
Q

What is Fed 51?

A

Argument for seperation of powers and checks and balances

argues for the division of government between 3 branches of government
-claims that men are not angels and need to be prevented from corruption
-divides the legislative branch into a bicameral legislature
-references the necessity for checks and balances

36
Q

What is McCulloch v Maryland?

A

Established the supremacy of national law over state law
Solidified the idea of implied powers under the supremacy clause

  • The U.S. chartered the national bank and Maryland taxed the bank in “protest”. James McCulloch refused to pay the tax and the case went to the supreme court
    -Maryland argued that the bank was unconstitutional because the constitution did not state that congress had the power to charter the bank
    -McCulloch’s lawyers argued that the bank was constitution under the art 1, sec 8, necessary and proper clause
    -Court ruled in favor of McCulloch
37
Q

What is United States v Lopez?

A

Federalism and the balance of power being shifted more to the states

-A student brought a gun to his school and was arrested and sent to jail
-In addition to the Texas law, there was a federal law called the gun free schools act of 1990 which Lopez was found guilty of and sentenced to 6 months in prison
-Congress passed this law under the commerce clause which gives them the authority to regulate commerce “among the several states”
-Lopez’s lawyers argued that gun regulation on school property is a power specifically reserved for the states
-The court sided with Lopez because they found that if congress could regulate guns on school property with the commerce clause, what couldn’t they do with the clause?

38
Q

What is the Great Compromise?

A

Combination of the Virginia Plan (state votes by pop.) and New Jersey plan (each state gets 1 vote)
Split congress into a Bicameral legislature:
-House of Representatives- reps. by population
-Senate- 2 senators per state

39
Q

What is the 3/5s compromise?

A

Debate over how slaves should be counted in the house pop. count
North: Didn’t want slaves to count
South: Wanted slaves to count

Compromise: count 3/5 of the enslaved population for purposes of representation

Also delt with the issue of the importation of slaves:
The slave trade would not be touched for another 20 years which it then would be abolished

40
Q

What are the two types of grants?

A

Categorical and Block grants

41
Q

What are examples of block grants?

A

community development block grants (gives states money and they can choose what to do with it ex. sewage plants or redevlop homes)

42
Q

What are examples of reserved powers?

A

o Conduct elections
o Establish local governments
o Regulate intrastate commerce
o Ratify constitutional amendments

43
Q

What are examples of concurrent powers?

A

o Taxation
o Lawmaking
o Law enforcement
o Chartering banks
o Eminent domain
o Establishing courts
o Borrowing money

44
Q

What are examples of exclusive powers?

A

o Coining money
o Declaring war
o Raising armies
o Conducting foreign affairs
o Rules of naturalization
o Regulating interstate and foreign commerce

45
Q

What are mandates?

A

Te federal government requires states to follow federal directives and gives money toward the carrying out of the mandate

46
Q

What are unfunded mandates?

A

Mandates that are not funded by the federal government.
Ex. no child left behind act (standardized testing) (schools had to pay for their own improvements to meet standards)

47
Q

What is fiscal federalism?

A

The pattern of spending, taxing, and providing grants in the federal system as it is the cornerstone of the national government’s relations with state and local governments