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Gov > Unit 1 Test > Flashcards

Unit 1 Test Flashcards

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1
Q

Magne Carte

A

Established due process, limited royal authority, gov by consent, religious freedom

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2
Q

Due process

A

Fairness in legal matters for all

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3
Q

Which enlightenment prof inspired Thomas jefferson and the DOI

A

John Locke

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4
Q

What are the major components of the DOI

A

-the intro, the preamble, the body, and the conclusion
- expressed: equality, unalienable rights, consent of the governed, 3. The right to alter or abolish government

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5
Q

5 weaknesses of the AOC

A

-only a form league of friendship among states
-each state had 1 vote, regardless of population
-congress was powerless to levy taxes
-congress was powerless to regulate trade or commerce
-no executive power to enforce laws

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6
Q

What was Shay’s rebellion

A

Fall 1786, Daniel Shay’s lead an armed uprising that forced many state judges to close their courts, which highlighted the weakness of the AOC not permitting a federal/national army. (Debt was so overwhelming that many farmers were losing their land)

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7
Q

Framers

A

Constitution contributors and writers

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8
Q

Key framers

A

James Madison, Thomas Jefferson, John Adam’s, Alexander Hamilton, Sam Adam’s, George Madison

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9
Q

The chief architect of the US Constitutional

A

James Madison

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10
Q

Components of the Virginia plan

A

-favored by big states
-bicameral lawmaking body
-representation based on population
-created a stronger central government
-Congress can regulate trade and taxes
-3 branches of government
-plan to change AOC

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11
Q

New Jersey Plan

A

-proposed by small states
-unicameral lawmaking body
-representation based on equality
-similar to AOC
-congress can regulate trade and collect taxes
-3 branches of government
-plans to change AOC

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12
Q

What was the Connecticut compromise

A

-Authors: Roger Sherman & Oliver Ellsworth (Conn)
-combination of NJ & VA plans
-bicameral lawmaking body

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13
Q

Significance of CN compromise

A

The compromise provided for a bicameral legislature, with representation in the House of Representatives according to population and in the Senate by equal numbers for each state

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14
Q

Bicameral

A

2 chambers of congress/lawmaking bodies

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15
Q

3/5 compromise

A

-3/5 of the total # of slaves counted for population
-slaves made up 1/3 southern population
-southern states wanted slaves to count towards population, even though they could not vote

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16
Q

Commerce and Slave Trade Compromise

A

Made at the constitutional convention in 1787 to address the slave trade commerce. North got a $10 tax on each slave so that the south could keep the slave trade, and that there would not be a re-vote for another 20 years (imports would be taxed, exports would not)

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17
Q

Federalists

A

-supported a new const. Vs the AOC
-led by Madison, Hamilton, and Jay
-checks and balances would protect against abuse
-protection of property rights
-const is bill of rights with reserved powers for the states
People: George Washington, Ben Franklin, Alexander Hamilton, John Jay

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18
Q

Anti-Federalist

A

-opposed a new constitution
-feared that a strong gov would take away liberties, ignore the will of the people, and favor the rich
-fewer limits in popular participation
-wanted bill of rights
-wanted stronger state gov over stronger national government + strong exec
-favored by smaller states
Led by Patrick Henry, George Mason, Samuel Adam’s

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19
Q

What is the Bill of Rights

A

The first 10 amendments in the constitution, and guarantees civil rights and liberties. Came to be bc anti federalists wanted enumerated, guaranteed rights. Delegates wanted a way to amend the constitution to grow with the times/country. 3/5 of states ratified it.!

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20
Q

Popular sovereignty

A

Gov is based on the consent of the governed, and power is derived from the people. (Ex. People vote for their gov officials)

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21
Q

Limited government

A

Government bodies are prohibited from certain activities and only has powers delegated to it by law/constitution
(Ex the us)

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22
Q

Separation of powers

A

Basic principle of the American government system that the executive, legislative, judicial powers are divided among 3 co-equal branches of gov

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23
Q

Checks and balances

A

System of overlapping the powers of the 3 branches of government to permit each branch to check the actions of the others (ex judicial branch declares laws unconstitutional)

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24
Q

Judicial review

A

Gives the supreme and federal courts the authority to interpret the constitution and whether acts of other parts of the government are constitutional

25
Q

Marburry v Madison (1803)

A

Established judicial review and set up the Supreme Court as the chief interpreter of the constitution

26
Q

Federalism

A

Power is divided between central and regional gov (national and state gov)

27
Q

How is the constitution formally Ammended

A
  1. Propose the amendment
    -2/3 of the house and senate must vote in an amendment
    -2/3 of state legislature can request congress to call for a national convention to propose amendments
  2. Ratify the amendment
    -3/4 of state legislature of ratifying conventions in each state must approve it
  3. Announce the ammendment
28
Q

Basic legislation

A

Passages of laws that refine or define the constitution
(Ex amendment restrictions)

29
Q

Executive action

A

Using the president’s power to act independently of congress (executive orders used to declare war)

30
Q

Court decisions

A

Using court cases to interpret the constitution (ex roe v wade gave access to abortion)

31
Q

Party practices

A

Party practices are the methods, rules and policy preferences of the parties in a political system or using practices of political parties to change the political process. (Ex nominating presidential candidates at national conventions)

32
Q

Custom and usage

A

Upholding long-held customs as constitutional necessity ( ex making executive department heads for presidents cabinet)

33
Q

Expressed powers (federal)

A

Powers see out expressly in the constitution (A1,S8)
Ex 18 clauses giving congress 27 powers (declaring war ect)

34
Q

Implied powers (federal)

A

“Elastic clause” or necessary and proper powers within reason. A1,S8,C18
Ex. Congress has power to gather an army & navy, so therefore, an air force as well

35
Q

Inherent powers (federal)

A

Powers that exist bc the country exists (the country’s birthright powers)
Ex. Regulate immigration

36
Q

What is the significance or the elastic/necessary and proper clause

A

It allows congress to use powers that are implied in the constitution but not directly stated, as long as it is within reason.

37
Q

McCulloch vs Maryland (1819)

A

Congress established a national bank, states did not like that so Maryland imposed a tax on it, manager McCulloch refused to pay.
Ruling: states do not have the power to impose taxes on the federal government

38
Q

Supremacy clause

A

Constitution is the supreme law, and must be followed over all other laws

39
Q

Reserved powers (state)

A

Powers that are ✨not delegated✨ to the federal government and are ✨reserved✨ to the states (10th amendment)

40
Q

Concurrent powers (states)

A

-shared powers “cooperative federalism”
-defines crimes and punishments, also imminent domain.

41
Q

Exclusive powers

A

Powers that are EITHER reserved to the FEDERAL gov or to the STATE gov

42
Q

What is the enabling act

A

-territory must apply
-congress directs people of territory to draft a constitution
-✨Congress admits or denies the territory (act of admission)

43
Q

Interstate compacts

A

An agreement between 2+ states of the US that is approved by those states legislatures, and if required based on the subject matter, consented to by the federal government (A4,S1,C1)

44
Q

Full faith and credit

A

Justice in 1 state is justice in all

45
Q

Extratradition

A

The removal of a fugitive from one jurisdiction to another

46
Q

Privileges and immunities

A

All Americans have the same basic rights, no matter what state they travel to/are in

47
Q

Block grants

A

(Favored by states) $ given to be used for a wide range service

48
Q

Categorical grant

A

$ is to be spent for narrowly defined purposes

49
Q

Project grant

A

Grants based on merit

50
Q

As const and Us const both have

A

-2 legislative chambers
-separation of powers
-bill of rights (declaration of rights)

51
Q

Referendum

A

-Az voters veto a law

52
Q

Initiative

A

-Az voters propose a new law with signatures
- Az voters amend a law already in place

53
Q

Proposal (states fav, allows them to kinda bypass feds)

A

As legislature places bill on ballot and voters choose (usually used for controversial votes)

54
Q

Referendum and initiative

A

Az voters start process with signatures

55
Q

Referendum, initiative, proposal

A

Az voters decide

56
Q

Executive branch checks (president)

A

To leg branch: veto legislation
To jud branch: nominate judges

57
Q

Legislative branch (Congress) checks

A

To exec branch: impeach the president
To jud branch: impeach judges

58
Q

Judicial branch (supreme and federal courts)

A

To exec branch: declare presidential acts unconstitutional
To leg branch: declare laws unconstitutional

Gov (6 decks)

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