U.S. Government Exam #1

CH. Whenever a State law and a Federal law conflict, who wins? What is Supremacy Clause?

-Federal. -Supremacy Clause: Provision of Article VI stipulating that the Federal Government, in exercising any of the powers enumerated in the Constitution, must prevail over any conflicting or inconsistent state exercise of power.

Federation:

-Sovereignty is held by the federal government. In a Federation, the federal government will hold the ultimate authority and the member states will be subordinate to it. -Central Authority-The central authority of a Federation is a federal government which governs the member states. -Powers of the Central Authority: Determined by the constitution of the federation, but will generally have rights to exercise control over the diplomatic, military, economic, and legal spheres of the member states.

Confederation:

-Sovereignty is held by the member states. In a Confederation, the federal government is accountable to the member states, who are the ultimate authority. -Central Authority-The central authority of a confederation is usually a weak body appointed by the member states. -Powers of the Central Authority: Usually will focus on joint foreign policy and defense matters, but rarely will have the power to do much more than that.

CH.3 Under the U.S. Constitution, the federal government has their enumerated powers, what are these and which was a major issue in uniting the states?

-These are things that the federal government must do (Basically their job description). -One of these enumerated powers is the ability to coin money which was a major issue under the articles because we had different states with different currencies and this is why the federal government had to pick up this power.

CH.2 The core problem of The Articles of Confederation was what?

-This system of government was based on the idea that each state was a sovereign entity. That does not work for a country and these were states, NOT SOVEREIGN ENTITIES.

CH. Prior to the constitutional convention and our founding fathers creating federalism, what 2 systems of intergovernmental relations predominated throughout the land?

-Unitary and Confederated systems were the two models of intergovernmental relations that predominated throughout the world.

CH.1 What have recent studies on social mobility in the U.S. shown? Is it increasing, decreasing, or remaining stagnant?

-We rank 4th among organizations thirty-four member nations in income, inequality, and poverty. -U.S. scored lowest on inter-generational upward mobility. -Essentially, the U.S. is declining in regard to social mobility.

CH. What percentage of state legislators must approve a constitutional amendment for that amendment to be officially accepted?

It would need to be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures. -And THEN a proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States (38 of 50 States). This is extremely difficult to accomplish.

CH.2 The Supreme Court has ruled that states cannot discriminate against non-residents in regard to certain fundamental rights based on which provision of the constitution?

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CH.2 The colony of Massachusetts was founded to create a society based on puritan ideals where competing religious ideals would not be tolerated. (pg.17-18)

-1 year after the House of Burgesses was created, forty-one religious dissenters called Puritans established a permanent settlement in the area of modern-day Plymouth, Massachusetts. -Puritans rejected attempts by both the Catholic pope and the king of England to dictate religious doctrine or belief. -Because of this stance, they found themselves barred from many professional positions that required membership in the official Church of England. -Despairing of reform from within the church, they chose to establish foreign religious outposts of their own. En route to the New World, these dissenters entered into an agreement for self-government, known as the Mayflower Compact.

CH. What Amendment of the constitution banned suffrage restrictions based on race and allowed African-American MEN to vote?

-15th Amendment: Section 1. The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude—Section 2. The Congress shall have the power to enforce this article by appropriate legislation.

CH.1 People ages 18-24 are the lowest percentage of voters in the U.S. and the most commonly cited reasons cited by people in this age range consist of what? (pg.12)

-18% said they're too busy or have conflicting schedules. -14% illness or disability. -12% Other Reason. -6% Registration problems. -4% Transportation problems. -3% Inconvenient Polling Place.

CH.1 The constitution needed the approval of how many states in order to be ratified?

-9 out of the 13 states. -Virginia agreed after a promise of adding Bill of Rights by Madison. -New York agreed after a promise of Bill of Rights and some proposed amendments of its own. -Rhode Island and North Carolina refused to ratify without a bill of rights.

CH.3 What is the fundamental concept behind federalism?

-A brilliant concept that our founders came up with was the idea that the federal government and states governments were both necessary and they each had their own sphere of power. Some powers belonged to state governments and some to the federal government. -Huge worry amongst anti-federalist.

CH.1 What is a Popular Referendum?

-A device that allows citizens to approve or repeal measures already acted on by legislative bodies.

CH.3 What is devolution?

-A movement to grant states greater authority over the local operation of federal programs and local use of federal funds that gained momentum in the 1980's.

CH.3 What is an Unfunded Mandate?

-A program that requires state governments to spend their own money in order to meet standards imposed on them by the federal government. -Requirements imposed on state and local governments for which the federal government provides no funds for compliance.

Another defining characteristic of federalism is that rather than being held exclusively or primarily by one body, governing authority is divided at various levels amongst several bodies; why is this so important?

-Again, this was a huge recognition as to how important state governments were. Anti-Federalism, again, were very worried about this and this again acknowledges that look, federalism requires that there is divided authority at various levels because we need various levels of government to address different issues.

CH.2 The decision of the colonist to declare their independence.

-Colonists did not have same rights as British citizens. -Colonies were not allowed to send representatives to Parliament. -Colonies couldn't vote on issues and taxes that affected them. -Colonies had asked to govern themselves, but Britain had refused.

CH.2 Under the Articles of Confederation, our first attempt at a constitution, we had many different problems such as what?

-Different currencies used by different states, each state was able to tax the goods of other states (No federal system that was dealing with taxes and commerce issues). Under the Articles, which was supposed to create a UNITED states, actually turned into each state acting as its own country.

CH.3 What is a Block Grant?

-Federal programs that provide funds for broad categories of assistance such as health care or law enforcement.

CH.1 What is Direct Democracy?

-Form of government in which decisions about public policy extend to the entire citizenry.

CH. What is Representative Democracy?

-Form of government in which popular decision-making is restricted to electing or appointing the public officials who make public policy.

CH.1 Which is the fastest growing minority group in the U.S.?

-Hispanic Americans which are currently making up over 16% of the population. -African Americans are 2nd with 13% -Asian Americans are about 5%

CH.3 What was established in the Dred Scott v. Sandford case? This decision is best characterized as dual-federalism. (Pg.43)

-In Dred Scott v. Sandford (argued 1856 -- decided 1857), the Supreme Court ruled that Americans of African descent, whether free or slave, were not American citizens and could not sue in federal court. The Court also ruled that Congress lacked power to ban slavery in the U.S. territories. -In 1857, inflamed abolitionist sentiment in the North. -Applying the perspective of Dual Federalism to bolster the power of the states, Chief Justice Rodger B. Taney rejected the authority of Congress to outlaw slavery in the states and accelerated the momentum toward civil war.

What is the difference between the American federal system and a confederation?

-In a confederation, state governments, get to retain their full sovereignty. -Membership of the member states in a confederation is voluntary, while the membership in a federation is not. - The United States of America was a confederation before it became a federation with the ratification of the current U.S. constitution in 1788.

CH.1 According to John Locke, if the government oppresses its citizens, those citizens have a right to do what? (pg.8)

-In his Second Treatise of Government, he articulated the underlying philosophy of liberal democracy. -If government becomes a threat to citizens' rights, the social contract fails, and the people have the option of dissolving it and beginning anew.

What system is intended to prevent the arbitrary use of power and give leaders sufficient time to forge consensus on divisive issues? (Page 25, Paragraph 2)

-In the U.S., this is our checks and balances system. -Locke proposed separating government into a legislative branch that made law and an executive branch charged with implementing law. -Montesquieu added an independent judiciary to settle disputes that might arise between the two. -Dividing the functions of government ensured that no one branch could consolidate power in its own hands.

CH.3 How did FDR respond to the Supreme Court challenges to his New Deal program?

-Introduced Constitutional Amendment to enlarge the size of the court. This is referred to as his "Court packing" scheme. -Congress did not pass the amendment. It is regarded as a dark spot on FDR's record because it represented an attempt to subvert the process and alter the system of checks and balances.

CH.2 In the case Marbury v. Madison where the Supreme Court claimed judicial review, what does that allow the Supreme Court to do? (pg.32)

-It allows the courts to judge the constitutionality of laws among other acts of government.

CH. Which founding father would you say was most responsible for developing the political theory known as doctrine of nullification?

-John C. Calhoun. -The Doctrine of Nullification suggested that states residing within the Union have the unilateral, inherent (natural, undocumented) right to void any law created by the federal government that could be deemed unconstitutional. The United States was formed on the basis of a general consensus among its individual states.

Who was the first person to sign the Declaration of Independence in 1776?

-John Hancock

CH.3 What is Marble Cake Federalism? What's another name for it? (Pg.46)

-Marble Cake Federalism: the form of federalism where there is mixing of powers, resources, and programs between and among the national, state, and local governments. -Cooperative Federalism: another name for it and it refers to the federal-state relationship characteristic of the post-New Deal era that stressed state and federal partnership in addressing social problems.

CH.2 Looking at the powers of the President, can the president formally propose constitutional amendments?

-No, an Amendment may be proposed by Congress by a 2/3s Vote in Both Houses. -An Amendment may be proposed by a National Convention, called by Congress when requested by 2/3s (34) of the state legislatures.

CH.3 Reserved Powers:

-Powers constitutionally allocated to the states.

CH.3 What are Implied Powers?

-Powers necessary to carry out constitutionally enumerated functions of government.

CH.3 What is an Enumerated Power?

-Powers specifically allocated to the national government alone by the Constitution.

CH.1 What is a Recall?

-Procedure whereby citizens can remove and replace a public official before the end of a term.

CH.2 What is the definition of Elastic Clause?

-Provision of Article I of the Constitution authorizing Congress to make those laws necessary and proper for carrying out the other laws it passes. -Allowed the federal government to assume additional powers as needed in order to accomplish the functions established for it by the constitution.

CH.2 What are the federalist papers which were written by John J., Alexander Hamilton, and James Madison?

-Series of eighty-five essays urging the citizens of New York to ratify the new United States Constitution. -Written by Alexander Hamilton, James Madison, and John Jay. -The essays originally appeared anonymously in New York newspapers in 1787 and 1788 under the pen name "Publius." -The Federalist Papers are considered one of the most important sources for interpreting and understanding the original intent of the Constitution.

CH.2 What does the Full-Faith and Credit Provision of the Constitution require?

-State governments are supposed to recognize and uphold the legal judgements of other states. (If you're married in one state, you're married in all states.)

CH. One of the requirements set-up to appease the anti-federalist by the federalist and a demand by the anti-federalist was what?

-The Bill of Rights which contains explicit expressions of the right to express one's beliefs.

CH.2 Under the 10th Amendment, any powers that were not given to the federal government by the constitution, go to who?

-The Tenth Amendment was included in the Bill of Rights to further define the balance of power between the federal government and the states. -The amendment says that the federal government has only those powers specifically granted by the Constitution. These powers include the power to declare war, to collect taxes, to regulate interstate business activities and others that are listed in the articles. -Any power not listed, says the Tenth Amendment, is left to the STATES or the PEOPLE. Although the Tenth Amendment does not specify what these "powers" may be. -The U.S. Supreme Court has ruled that laws affecting family relations (such as marriage, divorce, and adoption), commerce that occurs within a state's own borders, and local law enforcement activities, are among those specifically reserved to the states or the people.

CH.1 The defining characteristic of pluralism was what?

-The belief that different groups and coalitions could constantly vie for government favor and the ability to exercise political party but none would enjoy long term dominance.

What risks were the colonists taking by drafting and signing the Declaration of Independence?

-The colonists risked ware with Britain, a powerful nation. They risked losing their homes and lives.

CH.2 The Philadelphia Convention which drafted the Constitution, included delegates from every state except for one, which state was not included? (pg.21)

-The fifty-five delegates represented every state except for Rhode Island, which refused to send a delegation for fear that the assembly would ignore the plight of debtors who made up a substantial portion of the state's population.

CH.2 What were the MAJOR occurrences that ultimately set the colonists on the path to independence?

-The patriot Thomas Paine wrote Common Sense in 1776 which argued that people should have the right to govern themselves rather than be ruled by a king. -The Declaration of Independence was signed (Main Author -Thomas Jefferson) which explained why the colonists wanted freedom from Britain. Colonists thought the British had abused their rights. It gave colonist a reason to fight for independence.

CH.2 What Amendment allowed women the right to vote? Which amendment banned suffrage restrictions based on sex?

-The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex. Congress shall have the power to enforce this article by appropriate legislation. -For much of American history, certain groups of people, including African Americans and women, did not have the right to vote. The struggle for women's voting rights—also known as the women's suffrage movement—lasted through much of the nineteenth and early twentieth centuries. -Although some states permitted women to vote and to hold office prior to the adoption of the Nineteenth Amendment, the ratification of Amendment XIX on August 18, 1920, extended voting rights to all women. Since ratification, women's right to vote has become commonly accepted by Americans.

CH.2 What is the Mayflower Compact?

-The significance of the Mayflower Compact is that it contains extremely important concepts that helped to shape the History of America. -The Mayflower Compact document established a social contract within the community of colonists and formed a government based upon the consent of the people. -The significance of the Mayflower Compact can be determined and assessed through the consideration of the following facts: -Fact 1: The significance of the Mayflower Compact is illustrated as it was based on the concept of majority rule -Fact 2: The significance of the Mayflower Compact is illustrated as it was the first known document that provided self-government in America -Fact 3: The significance of the Mayflower Compact is illustrated as it was the first democratic government to be established in the colonies - The colonists agreed to choose their leaders and make their own laws which they agreed to follow -Fact 4: The significance of the Mayflower Compact is illustrated because it stated that the adult males, not including servants, who settled at Plymouth, would have the right to vote on issues -Fact 5: The significance of the Mayflower Compact is illustrated by its democratic concept of law made by and for the people -Fact 6: The significance of the Mayflower Compact is illustrated as it expressed mutual regard for one another as equals in the sight of God -Fact 7: The significance of the Mayflower Compact is because it is often cited as one of the foundations of the US Constitution setting a precedent as the foundational document for the Plymouth Colony

Make sure to know the "U.S. V. Windsor case" that was decided in 2013; what did the Supreme Court hold in this case?

-United States v. Windsor, 570 U.S. ___ (2013) (Docket No. 12-307), is a landmark civil rights case in which the United States Supreme Court held that restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to opposite-sex unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment; Justice Kennedy wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity."

How did the Supreme Court respond to New Deal legislation?

1. Schecter Poultry Corp. Vs The United States (The Sick Chicken Case) a) Schecter Poultry was alleged to have sold unfit chicken to a butcher. Schecter and the butcher are both based in Brooklyn New York. Schecter did no out of state business. Schecter Poultry Co. was charged by the federal government which argued that under the National Industrial Recovery Act Schecter Poultry can be regulated by the federal government which under the NRA set up codes in cooperation with various industries that: (1) set prices ranges. (2) set up minimum wages and maximum hours. (3) abolished child labor (4) recognized the rights of unions to organize b) Schecter Poultry argued that the NIRA was unconstitutional because the federal government had no right to regulate intrastate trade. c) The Supreme Court citing Gibbons v Ogden as the precedent reversed the lower courts decision in Schecter and struck down the NIRA as unconstitutional. The Supreme Court thus said reaffirmed the fact that the federal government may not regulate intrastate trade only interstate trade. d) NIRA replaced with National Labor Relations Act, NLRA, which created the NLRB, set fair work standards and with the Fair Labor Standards Act, passing the first minimum wage per hour, 20 cents, maximum work week, 44 then 40 hours, and banned 16 year olds and younger from factory jobs.

CH.1 During which presidential election did we see turnout by young voters at its peak?

2008-Obama and for many reasons including one's feelings towards him, there was a different voice coming out of Obama that resonated with many young people.

CH.3 What is Dual-Federalism?

Approach to federal-state relationships that envisions each level of government as distinct and authoritative within its own sphere of action.

Our elderly population is very important and the book talks about the percentage of the American population that will be over 65 in 2050, what is this percentage? (pg.10)

Expected to double with a projected 1 in 5 American's being 65 or older. 91 million elderly American's by 2050. ABOUT 20%

CH.1 One of the brilliant parts of America's democracy is characterized by what?

Our philosophy of majority rule and protections for minority rights.

What were challenges faced by the New Deal?

What were some of the reasons the New Deal was challenged? 1. Created a very powerful president that led Congress, this was a violation of checks and balances. 2. It was a radical departure from Laissez Faire ideals. Created "big government" - bureaucracy. 3. Some acts appeared interfering and at worst unconstitutional. 4. Heavy debt burden - the United States was engaged in defiict spending and this was unhealthy for the economy in the long run.

United States v. Butler

a) Suit is brought in attempt to have the Agricultural Adjustment Act declared unconstitutional. The federal government, which had done little in the 1920s to help farmers, initiated remedial programs with the passage of the Agricultural Adjustment Act of 1933 which provided payments to farmers in return for agreements to curtail their acreage or their production of wheat, cotton, rice, tobacco, corn, hogs, and dairy products. Payments were financed from taxes imposed on processors and these taxes were then sent directly to farmers as reimbursement NOT to grow food. Butler, a processor, refused to pay the tax and the Federal government brought suit against him. In his defense Butler claimed that tax may not be used to transfer wealth directly from one person to another. b) The Supreme Court agreed with Butler and struck down the Agricultural Adjustment Act of 1933. The next year Congress passed the Agricultural Adjustment Act of 1934 which taxed processors and then placed the money into the governments general fund. Then farmers were paid out of the general fund not to grow food. The laws had the same effect, its just that the later version was done legally.