AP Gov Unit 4 – Flashcards
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Locke's Natural Rights
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Life, Liberty, Property; Later adopted by Jefferson and adapted to "life, liberty, and the pursuit of happiness"
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Social Contract
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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")
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Popular Sovereignty
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governments originate as popular sovereignty, where people give government power and thus ultimately rule (not same as simple majority rule)
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Right to Revolution
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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.
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Baron de Montesquieu
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developed idea of separation of powers and checks and balances
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Separation of Powers
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division of government into three branches: Executive, Legislative, and Judicial
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Supermajority
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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
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Articles of Confederation Requirements
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Supermajority for laws, unanimity for amendments, state power and sovereignty, no tax power, no executive, no judiciary, unicameral legislature
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Shay's Rebellion
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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
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Philadelphia Convention
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1787--12 colonies send delegates to revise the Articles of Confederation; Delegates soon agree the United States needs a new Constitution
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Virginia Plan
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Proposed Plenary power, Bicameralism, Proportional representation
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New Jersey Plan
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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.
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3/5th Compromise
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Agreement at Constitutional Convention, allowed slave states to count 3/5 of their slaves as extra population, for representation purposes.
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Magna Carta
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"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
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English Civil War
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Parliamentary government prevailed, English Declaration of Rights produced
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Glorious Revolution
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William and Mary's possession of the throne after the Civil War
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English Bill of Rights
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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.
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Colonial Governments
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oyally appointed governors, bicameral or unicameral, property-based suffrage
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English Common Law
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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.
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Declaration of Independence
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set up statements of equality, classical liberalism and republican virtue
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Jefferson/Locke Parallels
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natural rights, consent of the governed, people may rebel if government damages natural rights, natural equality
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Non-Importation Clause
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Constitutional provision that importation of slaves would be banned after 1808
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The Great Compromise
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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
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Federalist Papers
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A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.
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Federalist X
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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.
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Federalist 51
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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.
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Checks and Balances
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A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
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Federalism
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A system in which power is divided between the national and state governments
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Rule of Law
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Concept that holds that government and its officers are always subject to the law.
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Legislative Vesting
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Clause in the Constitution that gives all legislative authority to the Constitution and to Congressional acts
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Qualifications for Representatives and Senators
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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
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Special House Powers
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tax bills originate here, bring forth articles of impeachment
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Special Senate Powers
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convict impeachments, confirm appointees, ratify treaties
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Speaker of the House
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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.
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President Pro Tempore
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Officer of the Senate selected by the majority party to act as chair in the absence of the vice president
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Enumerated Powers
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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.
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Elastic Clause
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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.
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Denied Powers of Congress
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Cannot suspend Habeus Corpus, cannot pass Ex Post Facto laws, or Bills of Attainder
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Habeus Corpus
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A legal principle that requires authorities to show reasons why a person should be held in custody and to provide a speedy trial.
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Ex Post Facto
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A law that would allow a person to be punished for an action that was not against the law when it was committed
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Bill of Attainder
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A law that declares a person, without a trial, to be guilty of a crime (prohibited by the Constitution)
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Qualifications of the Presidency
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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
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Executive Powers
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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
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Veto
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President's check on Congress; , Chief executive's power to reject a bill passed by a legislature
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Pocket Veto
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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.
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State of the Union Address
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A yearly report by the President to Congress describing the nation's condition and recommending programs and policies.
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"Take Care" Clause
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part of the Constitution that gives president assertions of implicit authority to issue executive orders; "take Care that the Laws be faithfully executed"
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Oath of Office
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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
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Requirements for Judges
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Appointed by President, lifetime tenure, must be paid
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Jurisdiction (original jurisdiction in supreme court)
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actual controversies only, constitutional questions, national law, interstate, international, appellate
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Responsibilities of Judiciary
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Guarantee free trial, guarantee local trial venue, can define and limit treason
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Full Faith and Credit Clause
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Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state; stated in Article IV
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Privileges and Immunities
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A clause in Article IV, Section 2, of the Constitution according citizens of each state most of the privileges of citizens of other states.
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Republican guarantee clause
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United States shall guarantee to every State in this Union a Republican Form of Government
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Amendment Procedure
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Proposed by 2/3 Congress or 2/3 National Conventions; Ratified by 3/4 State Legislatures or 3/4 individual conventions in states
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Supremacy Clause
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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.
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Article I of the Constitution
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Deals with powers of Congress and Legislative Branch
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Article II of the Constitution
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Deals with powers and restrictions of the Executive Branch
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Article III of the Constitution
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Deals with the powers and restrictions of the Judicial Branch
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Article IV of the Constitution
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Deals with State Powers and Interstate Obligations
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Article V of the Constitution
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Deals with process of Amending the Constitution
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Article VI of the Constitution
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Deals with Supremacy of the Constitution
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Article VII of the Constitution
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Deals with how the Constitution will be ratified
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Commerce Clause
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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.
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11th Amendment
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Prohibits citizens of one state or foreign country from suing another state.
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12th Amendment
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Added the seperation of the president and vice president onto two different ballots
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13th Amendment
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Gave Congress the power to abolish slavery
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14th Amendment
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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
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16th Amendment
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Amendment to the United States Constitution (1913) gave Congress the power to tax income.
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17th Amendment
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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.
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18th Amendment
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Ban on sale, manufacture, and transport of alcoholic beverages. Repealed by 21st amendment
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20th Amendment
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1932; moves inaugural date to Jan. 20th; get rid of lame duck period
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21st Amendment
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Amendment which ended the Prohibition of alcohol in the US, repealing the 18th amendment
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22nd Amendment
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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
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25th Amendment
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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.
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27th Amendment
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Amendment that made Congressional pay raises ineffective until the next term.
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Dual Sovereignty
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A doctrine holding that state and federal authorities can prosecute the same person for the same conduct, each authority prosecuting under its own law.
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Unitary Government
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a centralized government in which all government powers belong to a single central agency
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Confederation
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A form of an international organization that brings several autonomous states together for a common purpose. (Example: EU)
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Pre-Emption Doctrine
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when both state and feds lay claim on something, fed supremacy clause is supreme
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Field pre-emption
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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
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Conflict pre-emption
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compliance between both federal and state law is impossible; state law stands as an obstacle to federal law
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Reserved powers
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Powers not specifically granted to the federal government or denied to the states belong to the states and the people (allowed by 10th Amendment)
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Shared powers
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Those powers that are concurrent between the federal and state governments
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Vertical Federalism
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The relationship between the national government and the state governments
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Horizontal Federalism
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The state-to-state relationships created by the U.S. Constitution.
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Dual Federalism
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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)
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Cooperative Federalism
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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)
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New Federalism
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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)
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Devolution
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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
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Labs of Democracy
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reference to the ability of states to experiment and innovate in public policy before they are tried out at the national level
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Regulatory Federalism
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A system in which the national government sets requirements that are then implemented by state and local governments.
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Federal Mandate
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A requirement the federal government imposes as a condition for receiving federal funds.
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Grants
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Money that is distributed to lower-level governments with the purpose of funding special projects
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Project Grant
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Federal categorical grants given for specific purposes and awarded on the basis of the merits of applications
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Matching Grant
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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.
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Formula Grant
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Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.
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Block Grant
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Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services
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Cross-Cutting Requirement
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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.
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Crossover Sanction
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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.
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Marbury v. Madison (1801)
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Supreme Court case that deemed the Judiciary Act of 1789 unconstitutional, thereby establishing judicial review.
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McCullough v. Maryland
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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
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Gibbons v. Ogden
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(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"
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Wickard v. Filburn
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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
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Katzenback v. McClung
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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.
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South Dakota v. Dole
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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)
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US v. Lopez
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1994, Congress must defer punishment to states, because the gun-free school zone act exceeds Congress' authority to regulate interstate commerce.
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Gonzalez v. Raich
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Case where the Commerce clause gave Congress authority to prohibit marijuana growth despite state laws to the contrary; national power trumps state
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NFIB v. Sibelius
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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
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Fletcher v. Peck
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Supreme Court case which protected property rights and asserted the right to invalidate state laws in conflict with the Constitution
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Martin v. Hunter's Lessee
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Article III of the constitution grants the U.S. Supreme Court jurisdiction and authority over state courts on matters involving federal law.
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United States v. Darby Lumber Co.
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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
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NLRB v. Jones and L. Steel Co.
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National Labor Standards Act allowing Supreme Court to determine labor management disputes is constitutional under interstate commerce clause
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Cooper v. Aaron
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Arizona officials resist Brown v. Board of Education; Supreme Court declares that their decision is the supreme law and they must follow it
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Garcia v. San Antonia Metro Authority
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All business and government functions (including buses) are subject to acts of congress and laws
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NY v. US
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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
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Printz v. US
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Congress can't require local law enforcement officials to make criminal background checks of people seeking to buy handguns
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US v. Morrison
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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
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Arizona v. United States
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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.
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