Unit 1 Terms

Question 1

Amendment process

Answer 1

Proposed by two thirds vote of each house of Congress and ratified by at least three fourths of the state legislatures. Proposed by two thirds vote of each house of Congress and ratified by specially called conventions in at least three fourths of the states. Proposed by a national Constitutional convention requested by at least two thirds of state legislators and ratified by at least three fourths of state legislatures. Proposed by a national Constitutional convention and ratified by specifically called convention in at least three force of the states

Question 2

Advisory commission on intergovernmental relations

Answer 2

Independent bipartisan body established by Congress in 1959 to study the operations of the federal system. Composed of 26 members representing national state and local governments as well as the general public. Concentrates on the impact of intergovernmental relations and the means by which they may be improved

Question 3

Anti-federalist

Answer 3

People who opposed adoption of the U.S. Constitution. Opposed the centralist tendencies of the Constitution and attacked the failure of the framers to include a Bill of Rights

Question 4

Checks and balances

Answer 4

Each department of the government exercises a check upon the actions of the others. Not only between the legislative executive and judicial branches but also between the two houses of the legislature and between the states and national government. Examples include presidential veto power judicial review and Congresses impeachment power

Question 5

Commerce clause

Answer 5

States that the US Congress shall have the power to regulate commerce with foreign nations the states and Indian tribes. Commerce includes the production and buying and selling of goods as well as the transportation of people or commodities

Question 6

Concurrent powers

Answer 6

Authorities that are possessed by both the national and state governments. Examples include the power to tax maintain courts and charter banks. States exercise concurrently with the national government any power that is not exclusively conferred on the national government by the Constitution and that does not conflict with national law

Question 7

Cooperative Federalism

Answer 7

A concept that views the states and the national government as cooperating partners in the performance of governmental functions. Rather than as antagonist competitors for power. The grants in aid programs typify this relationship between the national and State governments . I’on example of this would be how the United States Congress required states to raise the drinking age for alcohol from 18 to 21 in order for the individual states to continue to qualify for federal funds for the interstate highways located within each state governments

Question 8

Coyle vs Smith

Answer 8

Established the principle that all states are admitted to the union on equal footing. Congress may not enforce conditions that what undermine the equality of the state. The Supreme Court upheld the right of Oklahoma to change its capital city contrary to requirement in the Congressional enabling act that preceded statehood

Question 9

Delegated Powers

Answer 9

Powers granted to the national government under the Constitution. Enumerated powers. Powers given in the first three articles of the Constitution relative to the legislative executive and judicial branches. Article 1 section 8 contains the main compilation of these powers

Question 10

Faction

Answer 10

A political group or clique that functions within a larger group such as a government, party, or organization. Checks and balances are considered essential in democratic institutions to control the power Factions.

Question 11

Federal Aid Highway Act

Answer 11

Major example of a national state corporation for federal grant in aid to the states. States met national requirements regarding matching funds,maintenance of roads, location, engineering details, and speed limits so the national government would finance 90% of the costs.

Question 12

Federalism

Answer 12

A system of government in which a written Constitution divides power between a central government in regional or subdivisional governments. Both governments act directly upon the people through their officials and laws, both are supreme within their proper sphere of authority, and both must consent to constitutional change

Question 13

Federalist

Answer 13

First American political party which evolved during the later phases of George Washington’s presidency. Strongly supported the adoption of the new constitution and the creation of the federal union.

Question 14

Full Faith and Credit

Answer 14

Obligation of each state and its relation with other states. Article 4 section 1 of the Constitution provides that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. A judicial decision in one state will be honored and enforced in all states

Question 15

Graves vs New York ex rel. O’Keefe

Answer 15

Held that a state may tax the income of a federal employee and that such a tax does not impose an unconstitutional burden on the national government.

Question 16

Implied powers

Answer 16

Authority possessed by the national government by inference from those powers delegated to it in the Constitution. Example is the power to draft men into the Armed Forces may be deduced from the power delegated to raise armies and navies. Implied powers concept drives from the Elastic clause in article 1 section 8 which Empowers the national government to do all things necessary and proper to carry out It’s delegated powers

Question 17

Judicial Review (Marbury vs Madison)

Answer 17

Power of the courts to declare acts of legislative and executive branches unconstitutional. All courts both state and national may exercise this authority though final decision is usually made by highest state or federal court. Judicial review is based on the assumptions that the Constitution is the supreme law, that acts contrary to the Constitution are void, and the judiciary is the guardian of the Constitution

Question 17

Massachusetts vs Mellon

Answer 17

Massachusetts attacked Maternity Act, which provided federal grants to promote state infant and maternity care programs, charging that the law and it’s grants induced states to yield sovereign rights reserved and that the burden of taxation fell equally on its citizens. Held that the offer of grants did not force the states to do anything or to yield any rights except if they voluntarily chose to participate in the program. Found no burden other than that of taxation, which fell not on the states, but on their inhabitants, who, as citizens of the United States, are properly subject to federal taxes. Most important, the court held that a state could not institute judicial proceedings to protect its citizens from operation of otherwise valid federal laws.

Question 17

Natural rights

Answer 17

An underlying assumption of the American political Creed that persons are endowed by their Creator with certain rights that may not be abridged by government. Human beings had rights in a “state of nature” and created government to protect those rights. Life liberty and property.

Question 17

McCulluch vs Maryland

Answer 17

Upheld the power of the national government to establish a bank and denied the state of Maryland the power to tax a branch of the bank. Maryland could not tax a legitimate instrumentality of the national government because this would be an invasion of national supremacy. Established implied powers, Necessary and proper clause of Constitution, and national supremacy, Denies to the states any right to interfere in the constitutional operations of the national government.

Question 17

Necessary and proper clause

Answer 17

Elastic clause. Final paragraph of article 1 section 8 of the Constitution. Delegates legislative powers to Congress and authorizes all laws necessary and proper to carry out the enumerated powers. McCulloch v Maryland. Implied powers.

Question 17

Nullification

Answer 17

A theory that a state has the right to nullify any federal law which the state has deemed Unconstitutional. Came from Thomas Jefferson and James Madison in the Kentucky and Virginia resolutions in 1799 protesting the alien and sedition acts. Similar to interposition which is a concept that holds the state may place itself between its citizens and the national government so as to prevent the enforcement of a national law upon its citizens

Question 17

Republic

Answer 17

A form of government in which sovereign power resides in the electorate and is exercised by elected representatives who are responsible to the people. Stands in contradistinction to Monarchical or oligarchical government, In which the rulers have a vested right to office. Distinguished from pure democracy in which the people Govern directly

Question 17

Unfounded mandates

Answer 17

Obligations imposed by Congress on state and local governments or on private-sector entities without providing the funds to pay for them. Examples include environmental controls, special facilities for the disabled, and workplace safety and family leave requirements. Unfunded mandates of more than $50 million are subject to a point of order in either house that can be overcome only by majority vote

Question 17

US vs Lopez

Answer 17

Struck down a federal law that made it a crime to Carry a gun within 1000 feet of the school. Exceeding congressional authority under the commerce clause. Court declared that the law had nothing to do with commerce and intruded on the police power of states. Held that the Federal commerce power extends only to regulation of an activity that “substantially affects” and not merely affects commerce