Unit 1: Foundations of American Democracy * Flashcards
representative republic
a collection of sovereign states gathered for the national interest, needs, and defense
* framers thought it was key to rep citizens without popular+ineffective policy / overbearing gov
legislative branch
comprised of Senate (2 reps ea) and the House of Representatives (proportional rep)
holds power to:
* tax / reg gov spending
* regulate commerce,
* declare war,
* impeach prez (check)
* approve prez appts (check)
* ratify treaties propd by prez (check)
executive branch
enforcers of law: includes prez, vp, bureaucracy, cabinet, and exec dpts (e.g. doj, dod)
has pwr to:
* veto laws passed by Congress (check).
* make treaties with other countries if ratified by 2/3 of senate
* make judicial / ambass / exec official appts
judicial branch
interprets laws in context of Constitution. comprised of SCOTUS + fed inferior courts
has the power to:
* hear cases of disputes between states
* hear cases brought against FG
* judicial review (declare legis or exec acts unconstutional - CHECK)
* serve for life on court (until voluntary retirement or death)
checks and balances
the restrictions every branch places on each other to prevent any one branch from becoming too powerful
examples can be found when recalling exec, legis and judicial branches and their powers
impeachment
process by which president / exec official is accused of misconduct: high crimes, treason, or bribery
house must pass accusation by simple majority
senate holds trial headed by chief justice of scotus, must formally convict by 2/3 majority
if convicted, prez/official is removed from office
federalism
the sharing and division of power between a central (national) government and sovereign regional (state) governments
national supremacy
the idea that the federal government has the power to decide the supreme law of the land - they have the final say in a disagreement
What is the main argument of Fed 51?
separation of powers key to prevent departments from interfering in each other’s affairs.
checks and balances key to preserve order + and protect against power encroachment.
both guard against a concentration of all power in one department by giving each department the means to preserve their supremely distinct power
“[i]f men were angels, no government would be necessary” = nature of people is to constantly make a grab at power, so gov sys necess to guard vs
Amendment 10
establishes concept of delegated vs reserved vs concurrent powers
delegated: those granted to FG (Article I Section 8), president (article II), and courts (article III)
* declare war
* coin money
* control interstate commerce
* borrow money
* establish post office
* necessary + proper clause
reserved: any powers not explicitly granted 2 FG reserved to the states
power to reg laws involving
* schools
* marriage
* safety (e.g. driving)
* health
enumerated: those held by both state and federal authorities -
* taxing
* law enforcement
* run court systems
* public welfare
grants
categorical grant: money granted to states for a specific purpose with STRINGS ATTACHED (conditions of aid) - congressional requirements they must adhere to
* formula grant = noncompetitive awards based on specific math calc
* project grant = competitve awards - states compete for limited pool of resources
block grant: large sums of money given to states for a broader purpose, allowing them to spend the money however they choose (without the strings of categorical grants)
mandates
direct order by FG for state/local gov to do something
can be funded or unfunded
typically address civil rights, environmental concerns, and other societal needs.
ex: ADA
devolution
process of devolving some of the responsibilities assumed by FG back to the states
happened under Reagan’s New Federalism