question

Classical Republicanism

answer

Based on Rome, indirect democracy where elected representatives make decisions on behalf of the people

question

John Locke

answer

foundation for many Constitutional principle, wrote Two Treatises of Government, Whig politician (on Parliament's side against King), wrote during Enlightenment/Glorious Revolution

question

Enlightenment

answer

Renaissance humanism, reason/science, Hobbes' writings helped expose enlightenment ideas

question

State of Nature

answer

how man behaves in the absence of rule/society/government; people do most practical thing to survive; Locke says humans follow inherently moral laws, inherent power of reason, we are all equal. This reasons leads to labor, property, and self-preservation; Government resolves disagreements and protects natural rights

question

Locke's Natural Rights

answer

Life, Liberty, Property; Later adopted by Jefferson and adapted to "life, liberty, and the pursuit of happiness"

question

Social Contract

answer

Necessary to preserve position of government/order, give up rights to judge disagreements alone and enforce natural laws (agreement between people and government- "consent of the governed")

question

Popular Sovereignty

answer

governments originate as popular sovereignty, where people give government power and thus ultimately rule (not same as simple majority rule)

question

Right to Revolution

answer

The right of the sovereign people of any democratic state or regime to depose a government after it has attacked citizens' basic rights for a significant period of time.

question

Baron de Montesquieu

answer

developed idea of separation of powers and checks and balances

question

Separation of Powers

answer

division of government into three branches: Executive, Legislative, and Judicial

question

Supermajority

answer

A larger than fifty-one percent majority, required for extraordinary actions such as amending the Constitution or certain congressional actions. Required under Articles of Confederation

question

Articles of Confederation Requirements

answer

Supermajority for laws, unanimity for amendments, state power and sovereignty, no tax power, no executive, no judiciary, unicameral legislature

question

Shay's Rebellion

answer

A 1787 rebellion in which ex-Revolutionary War soldiers attempted to prevent foreclosures of farms as a result of high interest rates and taxes; exposed problems of Articles of Confederation

question

Philadelphia Convention

answer

1787--12 colonies send delegates to revise the Articles of Confederation; Delegates soon agree the United States needs a new Constitution

question

Virginia Plan

answer

Proposed Plenary power, Bicameralism, Proportional representation

question

New Jersey Plan

answer

A framework for the Constitution proposed by a group of small states; its key points were a one-house legislature with one vote for each state, the establishment of the acts of Congress as the "supreme law" of the land, and a supreme judiciary with limited power.

question

3/5th Compromise

answer

Agreement at Constitutional Convention, allowed slave states to count 3/5 of their slaves as extra population, for representation purposes.

question

Magna Carta

answer

"the Great Charter"; a written legal agreement signed in 1215 that limited the English monarch's power; influenced idea of supreme court/due process of law and led to supremacy clause in constitution

question

English Civil War

answer

Parliamentary government prevailed, English Declaration of Rights produced

question

Glorious Revolution

answer

William and Mary's possession of the throne after the Civil War

question

English Bill of Rights

answer

set framework for Const., requirement that King can't get rid of or suspend laws without Parliament's permission relates to clauses in US Const. saying President must faithfully execute laws enacted by Congress.

question

Colonial Governments

answer

oyally appointed governors, bicameral or unicameral, property-based suffrage

question

English Common Law

answer

The basis of a court system for justice. The essence of English common law is that it is made by judges sitting in courts, applying their common sense and knowledge of legal precedent to the facts before them.

question

Declaration of Independence

answer

set up statements of equality, classical liberalism and republican virtue

question

Jefferson/Locke Parallels

answer

natural rights, consent of the governed, people may rebel if government damages natural rights, natural equality

question

Non-Importation Clause

answer

Constitutional provision that importation of slaves would be banned after 1808

question

The Great Compromise

answer

A state's representation in the House of Representation would be based on population; Two senators for each state; all bills would originate in the house; direct taxes on states were to be assessed according to population

question

Federalist Papers

answer

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

question

Federalist X

answer

Written by James Madison, it supported the constitution. It stated, contrary to the belief of European enlightenment thinkers, that a large republic worked best because it does not allow a faction to gain too much power.

question

Federalist 51

answer

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.

question

Checks and Balances

answer

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

question

Federalism

answer

A system in which power is divided between the national and state governments

question

Rule of Law

answer

Concept that holds that government and its officers are always subject to the law.

question

Legislative Vesting

answer

Clause in the Constitution that gives all legislative authority to the Constitution and to Congressional acts

question

Qualifications for Representatives and Senators

answer

Representatives: must be at least 25, have been a citizen for 7 years, and live in the state they are elected; House elected every two years Senators: must be at least 30, a citizen for 9 years, must live in state, one third of senate elected every six years (originally elected by state legislatures) Both houses make own rules of proceedings

question

Special House Powers

answer

tax bills originate here, bring forth articles of impeachment

question

Special Senate Powers

answer

convict impeachments, confirm appointees, ratify treaties

question

Speaker of the House

answer

An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant.

question

President Pro Tempore

answer

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president

question

Enumerated Powers

answer

Listed in Article I, Section 8 of the Constitution; , Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

question

Elastic Clause

answer

Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.

question

Denied Powers of Congress

answer

Cannot suspend Habeus Corpus, cannot pass Ex Post Facto laws, or Bills of Attainder

question

Habeus Corpus

answer

A legal principle that requires authorities to show reasons why a person should be held in custody and to provide a speedy trial.

question

Ex Post Facto

answer

A law that would allow a person to be punished for an action that was not against the law when it was committed

question

Bill of Attainder

answer

A law that declares a person, without a trial, to be guilty of a crime (prohibited by the Constitution)

question

Qualifications of the Presidency

answer

Must be at least 35 years old, natural born citizen, and US resident for at least 14 years; President elected by people and electoral college

question

Executive Powers

answer

Listed in Article II of the Constitution; includes President as Commander in Chief, power of pardon/reprieve, power to make treaties, appointment powers (or ambassadors, judges, cabinet), recess Congress

question

Veto

answer

President's check on Congress; , Chief executive's power to reject a bill passed by a legislature

question

Pocket Veto

answer

A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.

question

State of the Union Address

answer

A yearly report by the President to Congress describing the nation's condition and recommending programs and policies.

question

"Take Care" Clause

answer

part of the Constitution that gives president assertions of implicit authority to issue executive orders; "take Care that the Laws be faithfully executed"

question

Oath of Office

answer

Oath taken by the president on the day he takes office, pledging to "faithfully execute" the office and "preserve, protect, and defend" the constitution; NOTE: given to the people of the United States, unlike other governments which is given to the nation's title

question

Requirements for Judges

answer

Appointed by President, lifetime tenure, must be paid

question

Jurisdiction (original jurisdiction in supreme court)

answer

actual controversies only, constitutional questions, national law, interstate, international, appellate

question

Responsibilities of Judiciary

answer

Guarantee free trial, guarantee local trial venue, can define and limit treason

question

Full Faith and Credit Clause

answer

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state; stated in Article IV

question

Privileges and Immunities

answer

A clause in Article IV, Section 2, of the Constitution according citizens of each state most of the privileges of citizens of other states.

question

Republican guarantee clause

answer

United States shall guarantee to every State in this Union a Republican Form of Government

question

Amendment Procedure

answer

Proposed by 2/3 Congress or 2/3 National Conventions; Ratified by 3/4 State Legislatures or 3/4 individual conventions in states

question

Supremacy Clause

answer

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.

question

Article I of the Constitution

answer

Deals with powers of Congress and Legislative Branch

question

Article II of the Constitution

answer

Deals with powers and restrictions of the Executive Branch

question

Article III of the Constitution

answer

Deals with the powers and restrictions of the Judicial Branch

question

Article IV of the Constitution

answer

Deals with State Powers and Interstate Obligations

question

Article V of the Constitution

answer

Deals with process of Amending the Constitution

question

Article VI of the Constitution

answer

Deals with Supremacy of the Constitution

question

Article VII of the Constitution

answer

Deals with how the Constitution will be ratified

question

Commerce Clause

answer

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.

question

11th Amendment

answer

Prohibits citizens of one state or foreign country from suing another state.

question

12th Amendment

answer

Added the seperation of the president and vice president onto two different ballots

question

13th Amendment

answer

Gave Congress the power to abolish slavery

question

14th Amendment

answer

1) Citizenship for African Americans, 2) Repeal of 3/5 Compromise, 3) Denial of former confederate officials from holding national or state office, 4) Repudiate (reject) confederate debts

question

16th Amendment

answer

Amendment to the United States Constitution (1913) gave Congress the power to tax income.

question

17th Amendment

answer

1913- allowed for the voters in each state to elect their US senators directly. Previously, senators had been chosen by state legislatures. Progressive reform to expand democracy.

question

18th Amendment

answer

Ban on sale, manufacture, and transport of alcoholic beverages. Repealed by 21st amendment

question

20th Amendment

answer

1932; moves inaugural date to Jan. 20th; get rid of lame duck period

question

21st Amendment

answer

Amendment which ended the Prohibition of alcohol in the US, repealing the 18th amendment

question

22nd Amendment

answer

An amendment to the Constitution stating that no president can be elected to said office more than twice, and no person who inherits the presidency due to death can be elected more than once

question

25th Amendment

answer

Clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities.

question

27th Amendment

answer

Amendment that made Congressional pay raises ineffective until the next term.

question

Dual Sovereignty

answer

A doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law.

question

Unitary Government

answer

a centralized government in which all government powers belong to a single central agency

question

Confederation

answer

A form of an international organization that brings several autonomous states together for a common purpose. (Example: EU)

question

Pre-Emption Doctrine

answer

when both state and feds lay claim on something, fed supremacy clause is supreme

question

Field pre-emption

answer

Scope of federal regulation so pervasive as to make reasonable inference that Congress left no room for state to supplement it. Particularly relevant in cases involving foreign policy, immigration issues, drugs

question

Conflict pre-emption

answer

compliance between both federal and state law is impossible; state law stands as an obstacle to federal law

question

Reserved powers

answer

Powers not specifically granted to the federal government or denied to the states belong to the states and the people (allowed by 10th Amendment)

question

Shared powers

answer

Those powers that are concurrent between the federal and state governments

question

Vertical Federalism

answer

The relationship between the national government and the state governments

question

Horizontal Federalism

answer

The state-to-state relationships created by the U.S. Constitution.

question

Dual Federalism

answer

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. (Layer Cake Federalism)

question

Cooperative Federalism

answer

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly. (Marble Cake Federalism)

question

New Federalism

answer

A policy in 1969, that turned over powers and responsibilities of some U.S. federal programs to state and local governments and reduced the role of national government in domestic affairs (states are closer to the people and problems) (Cookie Federalism)

question

Devolution

answer

An effort to shirft responsibility of domestic programs to the states in order to decrease the size &activites of the fed. govt; some states have attempted to shift responsibilities further to local govts

question

Labs of Democracy

answer

reference to the ability of states to experiment and innovate in public policy before they are tried out at the national level

question

Regulatory Federalism

answer

A system in which the national government sets requirements that are then implemented by state and local governments.

question

Federal Mandate

answer

A requirement the federal government imposes as a condition for receiving federal funds.

question

Grants

answer

Money that is distributed to lower-level governments with the purpose of funding special projects

question

Project Grant

answer

Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications

question

Matching Grant

answer

A grant of money given by the federal government to a state government for which the federal government provides matching funds, usually between one and two dollars, for every dollar the state spends in some area.

question

Formula Grant

answer

Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.

question

Block Grant

answer

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

question

Cross-Cutting Requirement

answer

A technique of Congress to establish federal regulations. Federal grants may establish certain conditions that extend to all activities supported by federal funds, regardless of their source. The first and most famous of these is Title VI of the 1964 Civil Rights Act, which holds that in the use of federal funds, no person may be discriminated against on the basis of race, color, or national origin.

question

Crossover Sanction

answer

A technique of Congress to establish federal regulations. These sanctions permit the use of federal money in one program to influence state and local policy in another. For example, a 1984 act reduced federal highway aid by up to 15 percent for any state that failed to adopt a minimum drinking age of 21.

question

Marbury v. Madison (1801)

answer

Supreme Court case that deemed the Judiciary Act of 1789 unconstitutional, thereby establishing judicial review.

question

McCullough v. Maryland

answer

1819 ruling by the Supreme Court stating that Maryland could not tax the local office of the Bank of the United States because it was the property of the National Gov't

question

Gibbons v. Ogden

answer

(1824) U.S. Supreme Court decision reinforcing the "commerce clause'' (the federal government's right to regulate interstate commerce) of the Constitution; Chief Justice John Marshall ruled against the State of New York's granting of steamboat monopolies; established a broader definition of "commerce"

question

Wickard v. Filburn

answer

Held that Congress had the power to set quotas on the production of crops even when the crop was destined for a farmer's private consumption; idea of an indirect effect on interstate commerce

question

Katzenback v. McClung

answer

Ollie's BBQ refused seating to African American in its dining room. Government stated that since Ollie could've bought their supply of meat from out-of-state, they are affecting interstate commerce.

question

South Dakota v. Dole

answer

Federal government allowed to use spending power to influence state policy for the public welfare (drinking age went up in the states in order to get federal funding)

question

US v. Lopez

answer

1994, Congress must defer punishment to states, because the gun-free school zone act exceeds Congress' authority to regulate interstate commerce.

question

Gonzalez v. Raich

answer

Case where the Commerce clause gave Congress authority to prohibit marijuana growth despite state laws to the contrary; national power trumps state

question

NFIB v. Sibelius

answer

Affordable Care Act upheld by a 5-4 vote under the taxing and spending power to intervene to protect restraints on the right to vote

question

Fletcher v. Peck

answer

Supreme Court case which protected property rights and asserted the right to invalidate state laws in conflict with the Constitution

question

Martin v. Hunter's Lessee

answer

Article III of the constitution grants the U.S. Supreme Court jurisdiction and authority over state courts on matters involving federal law.

question

United States v. Darby Lumber Co.

answer

Prohibited the shipment in interstate commerce of certain products manufactured by employees who earned less than minimum wage or worked more hours than the specified max

question

NLRB v. Jones and L. Steel Co.

answer

National Labor Standards Act allowing Supreme Court to determine labor management disputes is constitutional under interstate commerce clause

question

Cooper v. Aaron

answer

Arizona officials resist Brown v. Board of Education; Supreme Court declares that their decision is the supreme law and they must follow it

question

Garcia v. San Antonia Metro Authority

answer

All business and government functions (including buses) are subject to acts of congress and laws

question

NY v. US

answer

Act makes states dispose of radioactive waste in their own state, NY protests; act wins bc commerce clause, reasonable financial stipulations and incentives to the act

question

Printz v. US

answer

Congress can't require local law enforcement officials to make criminal background checks of people seeking to buy handguns

question

US v. Morrison

answer

Violence Against Women Act is not constitutional because it does not regulate commerce nor redress harm caused by state criminal offense of gender-motivated violence is state offense

question

Arizona v. United States

answer

Do federal immigration laws deny Arizona's law attempting to remove aliens from the state? Yes on most parts, however legally detained individuals may be checked for citizenship.

AP Gov Unit 4 – Flashcards

Unlock all answers in this set

Haven't found what you were looking for?

Search for samples, answers to your questions and flashcards