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AP U.S. Government > Unit One: Constitutional Underpinnings > Flashcards

Unit One: Constitutional Underpinnings Flashcards

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1
Q

citizens meet and vote directly on government decisions

A

Direct Democracy

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2
Q

citizens choose officials who make decisions on government policy

A

Representative Democracy (Republic)

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3
Q

the first ever attempt to limit the power of the British King, guaranteed all people certain rights

A

Magna Carta

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4
Q

Believed in a representative democracy (republic)

A

Locke

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5
Q

Believed in direct democracy

A

Rousseau

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6
Q

principle that people enter into a social contract with the government and allow to be ruled

A

Social Contract Theory

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7
Q

principle that there are no supreme rulers, all rulers depend on the approval of the people, when governments fail to protect rights the people have the right to change the government

A

Consent of the Governed

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8
Q

principle that all people are born with certain rights: life, liberty, and property (Jefferson changes property into pursuit of happiness)

A

Natural Rights

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9
Q

Thomas Jefferson’s document built on principles of “life, liberty, and the pursuit of happiness” consent of the governed, and social contract theory. It also justified American revolution against England

A

Declaration of Independence

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10
Q

Belief in doing what’s best for the nation overall

A

Common Good

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11
Q

Belief that the ultimate authority rests with the people

A

Popular Sovereignty

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12
Q

Belief that government is run based on the will of the majority

A

Majority Rule

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13
Q
  • Weak association of states (states very independent)
  • No central executive power
  • No federal power to tax citizens directly
  • Federal government could raise an army, (but not pay for it), print money, declare war, and run the post office
  • 9 out of 13 states were required to vote to pass a law
  • With no strong central government supervision, states could get away with taxing and printing money, and making foreign treaties
A

Articles of Confederation

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14
Q

Farmer rebellion in Massachusetts 1786 1787 protesting mortgage foreclosures and terrible economy. Rebellion represented how weak the central government was, and terrified many Americans

A

Shays’ Rebellion

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15
Q
  • Delegates meet in Philadelphia in 1787 to write a new constitution to replace Articles of Confederation–supported republic w/ 3 branches (executive, legislative, judicial)
  • Serious debates b/w federalists vs. antifederalists, North vs. South, big states vs. small states over new gov’t
  • Lead to compromises b/w these groups
A

Constitutional Convention

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16
Q

Compromise between North and South that counted slaves as 3/5 of a person to give the south more representatives

A

3/5 Compromise

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17
Q

Established two equal bodies (House of Representatives and Senate–bicameral legislature) one based on population, one giving all states equal representation. This was a compromise between big states (Virginia Plan) and small states (New Jersey Plan) over the format of the Congress

A

Connecticut Compromise (Great Compromise)

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18
Q

supported the Constitution because it gave power to a strong central government

A

Federalists

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19
Q

opposed the constitution because they thought the national government would become tyrannical and take power away from the states

A

Antifederalists

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20
Q

articles written by Madison, Hamilton, and Jay arguing for the constitution

A

Federalist Papers

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21
Q

written by Madison, discusses importance of factions, factions are inevitable, but factions are best handled by a large republic.

A

Federalist 10

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22
Q

written by Madison, discusses importance of checks and balances and the separation of powers in the constitution

A

Federalist 51

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23
Q
  • Congress could not tax, it relied on contributions from states
  • Congress couldn’t regulate interstate trade
  • No chief executive to enforce the law
  • No national judiciary to handle state fights
  • Each state was given only one vote
A

Articles of Confederation Weaknesses

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24
Q
  • National government had power to tax directly
  • Interstate Commerce Clause gives Congress interstate regulatory power
  • Article II creates president who enforces the law
  • Article III creates Supreme Court
  • Bicameral legislature represents states both by population, and equality
A

Constitution Strengths

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25
Q

Each of the three branches has its own power and independence

A

Separation of Powers

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26
Q

passes laws

A

Legislative Branch

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27
Q

executes laws

A

Executive Branch

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28
Q

Interprets laws (this power comes from Supreme Court Case Marbury vs. Madison – set dogma of judicial review, where the Supreme Court may rule an act of the President or Congress unconstitutional)

A

Judicial Branch

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29
Q

Each branch has some power over the others, but retains independence

A

Checks and Balances

30
Q
  • Approves budget
  • Passes laws
  • Can override veto
  • Can impeach president, judges
  • Approves appointments and treaties
  • Confirms judges and cabinet appointments
A

Legislative Checks

31
Q
  • Can propose laws
  • Can veto laws
  • Can call special sessions of congress
  • Can appeal to public
  • Appoints officials and judges
  • Can pardon convicted felons
A

Executive Checks

32
Q
  • Interprets laws
  • Can declare executive acts and legislative laws unconstitutional
A

Judicial Checks

33
Q

Separation between powers of the Federal, State, and Local governments

A

Federalism

34
Q

System of government in which the central government is very weak, and most of the true power lies in individual states

A

Confederacy

35
Q

System of government in which the central government is extremely powerful, and individual states have few powers

A

Unitary System

36
Q

Belief that the state and national governments are supreme within their own sphere of influence

A

Dual Federalism aka “Layer Cake”

37
Q

sharing powers between state and federal governments

A

Cooperative Federalism aka “Marble Cake”

38
Q

government’s patterns of spending, taxing, and providing grants to influence state and local governments

A

Fiscal Federalism

39
Q

money given from the federal government to the states

A

Grants-in-aid

40
Q

federal grants for specific purposes (building an airport)

A

Categorical grants

41
Q

broad grants from the federal government that give local/state governments a lot of freedom to spend money as they please without many strings attached

A

Block grants

42
Q

federal sharing of a fixed percentage of its revenue with the states

A

Revenue Sharing

43
Q

terms set by the federal government that states must meet if they accept federal grants

A

Mandates

44
Q

process of returning power to the states, this began during New Federalism under presidents Nixon, Reagan, and Bush

A

Devolution

45
Q

Express, Implied, and Inherent powers

A

Federal Powers

46
Q

powers listed (enumerated) in the constitution for the Federal government: go to war, raise an army, regulate interstate and foreign commerce, establish post offices

A

Expressed Powers

47
Q

Based on necessary and proper clause (elastic clause) – gives congress flexibility to make laws necessary and proper for carrying out express powers, upheld in McCulloch v. Maryland

A

Implied Powers

48
Q

powers dealing with foreign policy not in constitution, but given to federal government

A

Inherent Powers

49
Q
  • Regulate interstate commerce
  • Coin/print money
  • Provide army
  • Declare war
  • Establish federal courts
  • Set foreign policy
  • Make all laws “necessary and proper”
A

Federal Powers (Expressed, Implied, Inherent)

50
Q
  • Levy taxes
  • Spend for general welfare
  • Enact and enforce laws
A

Federal and State Powers (Concurrent)

51
Q
  • Regulate intrastate commerce
  • Establish local governments
  • Establish public schools
  • Administer elections
  • Establish licensing requirements
A

State Powers (Reserved)

52
Q

Powers explicitly denied to government:
- suspending writ of habeas corpus
- passing bills of attainder
- ex post facto laws

A

Denied Powers

53
Q

being imprisoned without formal accusation

A

Habeas Corpus

54
Q

laws that declare a person to be guilty

A

Bills of Attainder

55
Q

“after the fact,” laws that make an act illegal after it was performed

A

Ex Post Facto Laws

56
Q

power to tax and spend, establish courts, make laws

A

Concurrent Powers

57
Q

Federal law is superior to state law. This came out of the court case McCulloch vs. Maryland, in which there was debate as to whether or not the Bank of the United States had to pay Maryland state taxes. The Supreme Court ruled that because the Bank of the US was NATIONAL it did not have to follow Maryland STATE law. This ruling overturned the idea of nullification by which states could override federal law

A

Supremacy Clause

58
Q

Gives Federal Government authority to regulate all of interstate commerce. This clause gives the federal government authority to regulate businesses that go between state lines, and justifies many federal laws (Civil Rights Act)

A

Interstate Commerce Clause

59
Q

president must enforce ALL laws passed by congress

A

Take Care Clause

60
Q

states must honor laws and court rulings of other states

A

Full Faith and Credit

61
Q

requires states to extend same privileges and immunities to all citizens (even of other states)

A

Privileges and Immunities

62
Q

First 10 amendments to the Constitution that guarantees individual and states’ rights. This was a concession the federalists made to the anti-federalists to ensure constitution would be ratified

A

Bill of Rights

63
Q

freedom of speech, assembly, petition, religion, press

A

1st Amendment

64
Q

right to bear arms

A

2nd Amendment

65
Q

no unreasonable searches and seizures

A

4th Amendment

66
Q

right to a trial, no double jeopardy, individuals are not required to testify against themselves

A

5th Amendment

67
Q

right to a speedy, public, and impartial trial with lawyer

A

6th Amendment

68
Q

no excessive bails or fines, no cruel and unusual policies

A

8th Amendment

69
Q

powers not given to the federal government or denied of the states are reserved to the states (states rights)

A

10th Amendment

70
Q
  1. 2/3 of congress propose amendment & 3/4 of states ratify it
  2. State convention called by 2/3 of states propose amendments & 3/4 of states ratify (this method has only been used once, 21st amendment)
A

How to Amend the Constitution

AP U.S. Government (9 decks)

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