Government Unit 1
Providing for the Common Defense
Constitution calls for President to be commander in chief of armed forces, Congress has authority to raise an army
Supremely clause
Constitution is the Supreme law of the land. Overrides the state laws.
Prior Restraint
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment
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Theocracy
A government that recognizes God or a divine being as the ultimate authority.
Selective Incorporation
A judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment
personal liberty
A key characteristic of U.S. democracy. Initially meaning freedom from governmental interference, today it includes demands for freedom to engage in a variety of practices free from governmental interference or discrimination
Monarchy
A king or Queen. England. Freedoms depend on who is on the throne. Economic system and everything is depending on what the king or queen wants.
Monarchy
A king or queen who rules the country.
Gibbons v Ogden
A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity
A confederation can best be described as
A loose association of independent states
Hybrid Government
A mix or 2 or more types of government.
Dictator
A person who rules with complete and absolute power.
Enlightenment
A philosophical movement in eighteenth-century Europe that fostered the belief that one could reform society by discovering rational laws that governed social behavior and were just as scientific as the laws of physics., Leaders of this movement believed that humanity's problems could be corrected through the use of humanity's logic.
Scarcity
A resource that there is not a lot of
The assignment in the constitution of law making, law-enforcing, and law-interpreting functions to the legislative, executive, and judicial branches respectively is known as
A separation of powers
Thomas Hobbes ideal form of government was
A single ruler with unquestioned authority
Oligarchy
A small group of elects consisting or wealthy, powerful, military or other small groups who run the country. They give less rights to those not in the elect group. They want to keep the poor and others from taking over. Everything depends on what the small group of elects want; whatever protects their interests.
Oligarchy
A small group of people has all the power.
Oligarchy
A small group of people have all the power
Oligarchy
A small group of people having control of a country, organization, or institution.
Junta
A small group that rules a country after being taken over by force
Junta
A smalll group of military officers that take over.
A key component of the Virginia plan was
A strong national legislature
Autocracy
A system of government by one person with absolute power.
direct democracy
A system of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule
indirect (representative) democracy
A system of government that gives citizens the opportunity to vote for representatives who will work on their behalf
democracy
A system of government that gives power to the people, whether directly or through elected representatives
Theocracy
A system of governmentt in which priests rule in the name of God or a God
Totalitarian
A system of rule in which the government recognizes no formal limits on its power and seeks to absorb or eliminate other social institutions that might challenge it
The great compromise provided for
A two-chamber legislature with equal representation for all states in one chamber and a population based representation in the other
state of nature
"solitary, poor, nasty, brutish and short" without government people would live in a constant man vs. man war
Montesquieu
(1689-1755) wrote 'Spirit of the Laws', said that no single set of political laws was applicable to all - depended on relationship and variables, supported division of government, advocated the separation of executive and legislative and judicial powers (1689-1755)
Voltaire
(1694-1778) French philosopher. He believed that freedom of speech was the best weapon against bad government. He also spoke out against the corruption of the French government, and the intolerance of the Catholic Church., French, perhaps greatest Enlightenment thinker. Deist. Mixed glorification and reason with an appeal for better individuals and institutions. Wrote "Candide". Believed enlightened despot best form of government.
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Locke's social contract
1. every man's right to life, liberty, and property 2. The right to protect these is given to the government that men form. 3.If a government failed to protect these things, it was breaking its side of the contract and could be disbanded
The ___ amendment prohibited slavery
13th
Cooperative federalism 1913-1964
16th amendment(income tax) 17th amendment(senator election) WWII Federal grants-in-aid
Enumerated powers and Necessary and Proper clause/elastic clause
17 enumerated powers found in Article 1 section 8. 18th power in section 8. Interstate commerce, declare war, taxes.
The US Constitution was written in
1787
What were the dates of the era of dual federalism?
1789-1937
Fundamental Rights
1st amendment: speech, gathering, religion, press, ect.
articles of confederation
1st american government weak/loose form of government -lack of national sentiment -no power to tax -no power to regulate commerce -no executive or judicial branch
Including the bill of rights, ___ amendments have been added to the constitution
27
Before it could take effect, the constitution had to be ratified by ____ states
9
How many different governments are there in the US?
90,000
The us constitution contains about ___ words
4,300
Privileges and Immunities
A clause of the Constitution according to citizens of each state most of the privileges of citizens of other states
Fascism
A dictator or small centralized group. They rule with aggressive nationalism/racism. Typically totalitarian. RACISM. The government might take over things and property from groups they don't like. Example: Nazis
natural law
A doctrine that society should be governed by certain ethical principles that are part of nature and, as such, can be understood by reason
Direct Democracy
A form of government in which all the people meet together at one place and make laws and decide what actions to take.
Representative Democracy
A form of government in which people elect representatives to carry on work of government for them.
monarchy
A form of government in which power is vested in hereditary kings and queens who govern in the interests of all
totalitarianism
A form of government in which power resides in a leader who rules according to self-interest and without regard for individual rights and liberties
Republic
A form of government in which the people elect representatives to carry on the work for them.
Democracy
A form of government in which the people of a country either rule directly or through elected representatives.
oligarchy
A form of government in which the right to participate is conditioned on the possession of wealth, social status, military position, or achievement
Dictatorship
A form of government where one leader has absolute control over citizens lives.
republic
A government rooted in the consent of the governed; a representative or indirect democracy
United
A word that describes the relationship of the states in America
Which of the following statements is true of a representative democracy?
Citizens elect representatives to make government decisions on their behalf
Democracy
Citizens hold political power
Direct democracy
Citizens involved in day to day government
"general will"
According to Rousseau the general will is sacred and absolute, reacting the common interests of the people who have displaced the monarch as the holder of ultimate power. , one of the two concepts set forth in The Social Contract, favoring the collective desires of citizenry as opposed to individual interests
The Social Contract by Rousseau
According to Rousseau, or the principles of the political right. The best way to set up a political community. The Social Contract was a progressive work that helped inspire political reforms or revolutions in Europe. The Social Contract argued against the idea that monarchs were divinely empowered to legislate; as Rousseau asserts, only the people, in the form of the sovereign, have that all powerful right.
How did the traditional system of dual federalism establish a "commercial republic"?
All the functions were aimed at assisting commerce
Original sin
Adam and Eve's abuse of their human freedom in disobeying God's command. as a consequence, they lost the grace of original holiness and justice, and became subject to the law of death; sin became universally present in the world; every person is born into this condition. This sin separated mankind from God, darkened the human intellect, weakened the human will, and introduced into human nature an inclination toward sin.
Bill of rights
Added to the constitution to appease Anti-Federalists and ensure powers of people and states
three fifths compromise
Agreement reached at the Constitutional Convention stipulating that each slave was to be counted as three-fifths of a person for purposes of determining population for purposes of determining population for representation in the U.S. House of Representatives
Federalist papers
Alexander Hamilton James Madison John jay Explained how the constitution would work Pseudonym "publius"
The federalist papers were written by
Alexander Hamilton, John jay, and James Madison
Supremacy Clause
All national laws and treaties are the supreme law of the land
The text of the constitution deals with slavery by referring to slaves as
All other persons
Article V
Amending the constitution
American Dream
American ideal of a happy, successful life which often includes wealth, a house, better life for children; sometimes includes opportunity to be president
Putnam
Americans are divided because we do not gather for social reasons and have political deliberation, or discussions with people we disagree with
Supply
Amount of item or service that is available
McCulloch v Maryland
An 1819 Supreme Court decisions that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution
social contract
An agreement between the people and their government signifying their consent to be governed
mercantilism
An economic theory designed to increase a nation's wealth through the development of commercial industry and a favorable balance of trade
A referendum is best described as
An election on a policy issue
Philosophical dictionary
An encyclopedic dictionary published by Voltaire in 1764. The alphabetically arranged articles often criticize the Roman Catholic Church and other institutions. Voltaire is very concerned about the injustices of the Catholic Church, which he sees as intolerant and fanatical. At the same time, his work espouses deism, tolerance, and freedom of the press.
An organized group that seeks to influence government is called
An interest group
Government
An organization extending to the whole society that can legitimently use force to carry out decisions.
Press Conference
An unrestricted session between an elected official and the press
Aristocracy
Another form of monarchy; government by the few in the service of many
Anti-Federalists
Anti British, pro French Working class Wanted strong states
Hate Speech
Any communication that belittles a person or group on the basis of characteristics
Resources
Any supply skill or aid that meets a need
Executive checks on Judicial
Appoint federal judges. Refuse to implement decisions.
Polity
Aristotle called this for the rule of the many for the benefit of all citizens
Totalitarianism
Aristotle considered "rule by tyranny"; tyrants rule their countries to benefit themselves; leader exercises unlimited power and individuals have no personal rights or liberties ex: North Korea under Kim Jong Un
Shay's Rebellion
Army of 1500 disgruntled farmers led by Daniel Shays marched to Springfield, Massachusetts and forcibly restrained the state court from foreclosing mortgages on their farms
Full faith and Credit
Article 4. States must give full faith and credit to acts of the other states.
Regulations on who can be president and current issues.
Article 5 Section 1 Birther Movement. Must be born in the United states and have at least one parent who is a natural citizen. Ted Cruz running. From Canada, but mom is from america.
Articles of the Constitution
Article I: Legislative Branch; vests all legislative powers in Congress and establishes a bicameral legislature consisting of Senate and House of Representatives. Also sets out qualifications for holding office in each house, terms of office, methods of selection, and system of appointment. Includes enumerated powers, elastic clause, and implied powers. Article II: Executive Branch; vests the authority to execute laws of the nation in the President. Sets the president's term for 4 years and explains the Electoral College. Also states the qualifications for office and describes a mechanism to replace the president in case of death. Limits presidency to natural born citizens. Article III: Judicial Branch; establishes a Supreme Court and defines its jurisdiction Articles IV through VII: attempted to anticipate problems that might occur in the operation of the new national government; begins with full faith and credit clause, includes how amendments can be added to Constitution, Bill of Rights, Supremacy Clause, etc.
Amending the Constitution
Article V describes 2 different procedures to Procedure 1: Step 1: Proposing an Amendment: 2/3 Vote of House + Vote of Senators ---> Step 2: Ratifying an Amendment: 3/4 Vote of states' legislatures OR Procedure 2: (never been used, requires a special convention Step 1: Proposing an Amendment: 2/3 States' legislatures request a special convention (petition congress to consider amendment) ---> Step 2: Ratifying an Amendment: 3/4 Vote of special state conventions Framers wanted to ensure that wide spread deliberation among the American people would precede any and all changes in the written constitution. Thus, made it no easier to amend its written language
The compact among the thirteen original colonies that established the United States in 1777 was known as the
Articles of confederation
Concurrent power
Authority is possessed by both state and national governments
Conservatism
Belief in limited government and individual self-reliance; they would not want the government providing too much welfare assistance, for example
Fiscal Conservatism
Belief in limiting government spending and balancing the budget; these conservatives would agree with libertarians that the government should be less involved in the economy and lower taxes
Liberalism
Belief in the fullest exercise of individual liberty and the free market; the Founding Fathers used this to create our nation and stole much of it from the philosophical writings of John Locke
Social Conservatism
Belief in using government power to reinforce traditional social relations and morals; this means the government would ban gay marriage and abortion and things like that.
Great compromise
Bicameral legislature Executive branch -electoral college -four year term -impeachment
The Great Compromise and The 3/5ths Compromise
Bicameral legislature: house of representatives and the senate. House is based on population and states have 2 senators each. south wanted the slaves to be counted as people to gain more to their population counts. For every 5 slaves, they would be counted as 3 people.
Political Culture
Commonly shared attitudes, beliefs, and core values about how a government should operate
Concurrent Powers
Both the federal and state governments have the power to tax, borrow money, and make/enforce laws.
French and Indian war
Britain blamed colonists, taxed them to make them pay for war debts, begins "no taxation without representation" movement
David Hume
Building on Locke's teachings, he argued that the mind was just a bundle of impressions. These impressions originate only in sense experiences and our habits of joining these experiences together. Since out ideas ultimately reflect only our sense experiences, our reason can't tell us anything about questions that cannot be verified by sense experience (in the form of controlled experiments or math), such as the origin of the universe and the existence of God. These ideas undermined the Enlightenment's faith in the power of reason.
Roth
Bypasses your brain and goes south, thinking with your dick.
Cross Burning Case
Can be dangerous because when talking about the burning the cross, most times it means that they want to kill you.
New York Times v. Sullivan (1964)
Case in which the Supreme Court concluded that "actual malice" must be proven to support a finding of libel against a public figure Court made it harder for famous people to sue you for defamation. Famous people have to prove you meant to harm them, so it's a bit harder for them to win, but not impossible....if they can show you knew it was false and recklessly disregarded the truth. Example: Tom Cruise gets $100 million from porn star for saying he's gay in a tabloid.
Marbury vs. Madison
Case in which the Supreme Court said that it could check the other two branches by declaring their action unconstitutional. This power has been used over and over to strike down actions and laws that the Court thinks violate the Constitution
Majority Rule
Central premise of direct democracy in which only policies that collectively garner the support of a majority of voters will be made into law; 50% of total votes plus 1
Legislative checks on Judicial
Change the number and jurisdiction of federal courts. Impeach federal judges. Propose constitutional amendments to override judicial decisions.
The power of the president to veto laws is an example of
Checks and balances
Under separation of powers, the us system keeps power among branches balanced by enabling one branch to counter the actions of another by the use of
Checks and balances
Williams
Child Porn is completely a no go
Representative democracy
Citizens elect leaders to represent their rights and interest in government.
Transformative federalism 1863-1913
Civil war amendments Change in role of national government Interstate commerce act and anti trust legislation
Due Process Clause
Clause contained in the Fifth and Fourteenth Amendments; constructed to guarantee a variety of rights to individuals
Supremacy
Clause that says federal laws are superior to state laws.
political culture
Commonly shared attitudes, beliefs, and core values about how government should operate
Political Ideology
Coherent set of values and beliefs about the purpose and scope of government held by groups and individuals Four functions attributed to ideologies: 1. Explanation; offer reasons why they are that way 2. Evaluation; standards for evaluating conditions 3. Orientation; orientation toward issues around the world 4. Political Program; help make political choices
National Powers
Coin money Conduct foreign relations Regulate commerce with foreign nations and among state Provide for an army and navy Declare and conduct war Establish a national court system Make laws necessary and proper to carry out
Socialism
Collective government ownership of industries to provide equal results, not just equal opportunity for all
The following group values both equality and order more than freedom, and its members support both affirmative action and laws that restrict pornography
Communitarians
Articles of Confederation
Compact between 13 original colonies that created a loose league of friendship, with the national government drawing its powers from the states
Problems with the Articles of Confederation
Congress could not levy taxes States could restrict commerce among states States could issue their own currency Executive was not independent of Congress No national judicial system Amendments had to have states' unanimous approval
Regulated Federalism
Congress imposes legislation on states and localities, requiring them to meet national standards
The great compromise was also known as the ___ compromise because of the state delegation that initially proposed it
Connecticut
Clear and present danger
Conspiracy. Cannot threaten to kill someone while pointing a gun at their head. This test was often misused so the courts quit using it.
Under the constitution, the slave trade
Could be ended after 20 years
Lemon v. Kurtzman (1971)
Court carved out three part test (Lemon Test) for laws dealing with religious establishment issues
New York Times v. US (1971)
Court ruled that publication of the top-secret Pentagon Papers could not be blocked (though they could go after the government official who released them)
Abington School District v. Schempp (1963)
Court ruled that state mandated Bible reading or recitation of Lord's Prayer in public schools was unconstitutional
Engel v. Vitale (1962)
Court rules that recitation of prayer drafted by local school board in public school classrooms was unconstitutional
The 2007 European Reform Treaty did all but
Create a centralized debt-refinancing agency for indebted countries
Congress exercises a potential check in the judicial branch through its constitutional power to
Create or eliminate lower federal courts
Locke
Created of the idea that people have natural rights. Later he would be ripped off while the declaration was being written (mainly his ideas reworded)/ Jefferson was a big fan of his ideas. "Just being human, you have inalienable rights". "all men are created equal". "Life, Liberty and property".
Judicial checks on Executive
Declare executive branch actions unconstitutional. Chief justice presides over impeachment trial.
Capitalism
Democracy or not. Free market and competition.
Socialism
Democracy or not. Government owns businesses and controls the markets.
Ensuring Domestic Tranquility
Department of Homeland Security, police forces, national guards, armed services
The chief obstacle to ratification of the constitution by the states was
The omission of the bill of rights
Communism
Dictator or small elite oligarchy. Typically completely totalitarian. Socialism. Example: China
Form of government in which one person has absolute control over its citizens lives?
Dictatorship
Federalism
Divides power between states and national government
Separation of Powers
Dividing government power between Legislative, Executive, and Judicial branches for equality and independence
Natural Law
Doctrine that society should be governed by certain ethical principles that are part of nature and can be understood by reason
Constitution
Document establishing the structure, functions, and limitations of a government
Declaration of Independence
Drafted largely by Thomas Jefferson in 1776; proclaimed the right of the American colonies to separate from Great Britain
Mercantilism
Economic theory designed to increase a nation's wealth through the development of commercial industry and a favorable balance of trade
Dual vs Cooperative federalism
Dual: clear version of power from federal and state powers. Layered cake federalism. Cooperative: after the civil war. Less clear of who has power. Marbled cake federalism.
3/5 Compromise
Each slave counted as 3/5 of a person in determining population for representation in US House of Representatives
The text suggest that there are ___ forces that may be pushing authoritarian governments toward democratization
Economic
Examples of public goods are
Education, sanitation, and parks
Liberals are more likely to favor generous government support for
Education, wildlife protection, public transportation, and a whole range of social programs
The ____ protects against excessive bail, excessive fines, and cruel and unusual punishment
Eighth amendment
A constitutional clause that allows for a broad interpretation of implied powers is known as an ____ clause
Elastic
John Locke
English empiricist philosopher who believed that all knowledge is derived from sensory experience. Wrote Two Treatises on Government as justification of Glorious Revolution and end of absolutism in England. He argued that man is born good and has rights to life, liberty, and property. To protect these rights, people enter social contract to create government with limited powers. If a government did not protect these rights or exceeded its authority, Locke believed the people have the right to revolt. The ideas of consent of the governed, social contract, and right of revolution influenced the United States Declaration of Independence and the U.S. Constitution. He also laid the foundations for criticism of absolute monarchy in France.
Thomas Hobbes
English materialist and political philosopher who advocated absolute sovereignty as the only kind of government that could resolve problems caused by the selfishness of human beings; wrote "Leviathan" and believed people were naturally cruel, greedy, and selfish; he also believed only a powerful governemnt could keep an orderly society
Isaac Newton
English mathematician and scientist who invented differential calculus and formulated the theory of universal gravitation, a theory about the nature of light, and three laws of motion. His treatise on gravitation, presented in Principia Mathematica (1687), was supposedly inspired by the sight of a falling apple.
American colonists in the eighteenth century under Great Britain
Enjoyed freedoms denied most other people in the world at the time
Hobbes' social contract
Enlightenment idea that people must hand over power to a strong ruler, in exchange they gain law and order; Hobbes believed that this government should be an absolute monarchy in order to keep citizens under control
Full Faith and Credit Clause
Ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state
Government's "modern dilemma" is how best to balance
Equality and freedom
When one person has the same chance to succeed in life as another, this is called
Equality of opportunity
Social order is usually defined as
Established patterns of authority and traditional modes of behavior
Marbury vs. Madison
Establishes the judicial review
Direct Democracy
Everyone votes directly. Basic human rights. Free market capitalism with strong property rights. Socialist in some ares.
Article II
Executive
The law-enforcing branch of government is known as the
Executive branch
What is the difference between expressed powers and implied powers?
Expressed powers are specifically stated in the Constitution and implied powers aren't expressed but only implied through expansive interpretation
Libel
False written statement that defames a person's character
Shays rebellion consisted of
Farmers trying to prevent foreclosure on their property for debts and taxes owed
Conservatives strongly
Favor free enterprise, argue against government job programs, want to preserve traditional patterns of social relations
Enumerated powers
Federal government only
Supporters of the constitution named themselves
Federalists
Oligarchy
Few people rule in their own interest; wealth, social status, military position, or achievement dictates participation in government ex: China and Russia
Great Compromise
Final decision of the Constitutional Convention to create a two house legislature, lower house elected by people, powers divided between two houses, made national law supreme ex: Page 43 in book
Establishment Clause
First clause of the First Amendment; directs national government not to sanction an official religion
Virginia Plan
First general plan for the constitution offered in Philadelphia Key points: Bicameral legislature, Executive and Judiciary chosen by the national legislature
Unless they are impeached, federal judges serve
For life
Monarchy
Form of government in which power is vested in hereditary kings and queens who govern in the interest of all ex: the form of government in England from which the colonists fled
Muckraking
Form of journalism, in vogue in the early twentieth century, devoted to exposing misconduct by government, business, and individual politicians
Yellow Journalism
Form of newspaper publishing in vogue in the late nineteenth century that featured pictures, comics, color, and sensationalized news coverage; in order to get better sales
Necessary and Proper Clause
Gives Congress the authority to pass all laws "necessary and proper" to carry out the Enumerated Powers; also called the "Elastic Clause"
Checks and Balances
Gives each of the 3 branches some degree of oversight and control over the actions of the others ex: Page 47 in the book
The ____ amendment protects against unreasonable searches and seizures
Fourth
New Jersey Plan
Framework for constitution proposed by small states Key points: one house legislature, one vote for each state, Congress with ability to raise revenue, Supreme Court with members appointed for life
Where is a unitary government?
France
Interstate commerce clause and importance
Gives the states the power to allow things and makes them in control of some things. Weed/Drugs, education, gun control
Symbolic Speech
Giving a statement with out words.
During the 1990s, congress prohibited private businesses from discriminating in employment, public services, and public accommodations on the basis of physical or mental disabilities. This act creates a clash between
Freedom and equality
Securing Blessings of Liberty
Freedom to criticize and petition
Indirect (Representative) Democracy
Freedoms. Elections held to vote for representatives who then vote for the party. Usually 2 or more parties. Free market capitalism and strong property rights. Socialist in some respects depending on what the people want.
Bernard de Fontenelle
French man of letters; wrote the "Conversation on the Plurality of Worlds." In this book, a sophisticated man and an elegant woman, possibly his lover, are in a large park gazing at the stars and the man proceeds to give her an astronomy lesson. Here, ideas such as heliocentricity were expressed; He knew people wouldn't want to read a boring textbook, so he wrote a romantic novel of sorts in order to get his ideas across. Significant because his writing spread the ideas of the scientific revolution to a non scientific audience.
Which U.S. constitutional clause has been central in the debates about same-sex marriage?
Full Faith and Credit clause
Article IV
Full faith credit clause- each state must honor judicial proceedings of other states
Which of the following European nations was not debt-ridden and did not suffer questions from creditors during 2012?
Germany
Gitlow v. New York (1925)
Gitlow, a member of the Socialist Party, printed 16,000 copies of a manifesto in which he urged workers to overthrow the US government; convicted of violating a New York state law that prohibited such advocacy While his conviction was upheld, US Supreme Court noted that states were not completely free to limit forms of political expression
Which if the following statements is true of an autocracy?
Government in which one person has all the power
Dual Federalism
Government powers were shared between the federal and state governments
What are America's fundamental political values?
Governmental solutions to problems are inherently inferior to solutions offered by the private sector
By 2012, members of the EU agreed to greater central authority over their respective economies, with the exception of
Great Britain
Brandenburg Case
He was having people go out and do his murders but he was also charges with the murders because he suggested the ideas.
Promoting General Welfare
Health Care
Under the constitution, if no candidate wins a majority of the electoral votes, then the president will be selected by
House of Representatives
Bicameral Legislature
House of Representatives and the Senate. Each state has 2 Senators. The house of each state is based on the population. 435 people in the house and 100 senators.
Legislative checks on Executive
Impeach the president. Reject legislation/funding the president wants. Refuse to confirm nominees or approve treaties. Override the president's veto with a 2/3s vote.
The power of congress to charter a bank is an example of what type of power
Implied
First Amendment
Imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition; sets the boundaries of governmental action
What is a unitary system of government?
In a unitary system the central government makes the important decisions and the lower levels of government have little independent power.
Mandate v. unfunded mandate
In mandated the federal government pays for the work they are causing within a state but unfunded means that the local or state governments never get reimbursed
The Spirit of the Laws
In this 1748 work on political theory Montesquieu argued that a country's political institutions should be determined by its unique geographic and social characteristics -- He also argues for the separation of government power among separate branches
Coercive federalism 2001- present
Increase in national security Dept of homeland security Preemption of state power over education policy
Under the Articles of Confederation, who/what was responsible for executing the laws passed by congress
Individual states
Salons
Informal gatherings, usually sponsored by middle-class or aristocratic women, that provided a forum for new ideas and an opportunity to establish new intellectual contacts among supporters of the Enlightenment in the 18th century. These informal gatherings gave intellectual life an anchor outside the royal court and church-dominated universities and afforded an opportunity to test ideas or present unpublished works.
On the Record
Information provided to a journalist that can be released and attributed by name to the source
Deep Background
Information provided to a journalist that will not be attributed to ANY source
On Background
Information provided to a journalist that will not be attributed to a NAME source
Off the Record
Information provided to a journalist that will not be released to the public
During the era of dual federalism, what was the primary goal of the federal government's domestic policies?
Internal improvements, tariffs, public land disposal, patents, and currency
What impact does mistrust of government have on people's behavior?
It can result in public refusal to pay taxes adequate to support such widely approved public activities, make it difficult to attract talented and effective workers to public service, and it will harm their capacity to defend its national interest in the world economy and may jeopardize its national security.
Constitution and the purpose of one
It is the framework for the government. Sets citizens freedoms in writing. Provides legitimacy to the government. Gives the government specific power. Limits the power of the government by giving citizens rights.
According to the Declaration of Independence, when a government fails to secure the people's unalienable rights
It is the right of the people to alter or to abolish it
Virginia plan
James Madison Bicameral legislature Lower chamber elected by people upper chamber selected by lower Single executive Judicial branch
social contract theory
Jean Jacque Rousseau people are sovereign people maintain sovereignty as long as they abide by common good only legitimate authority comes from consent of the governed
Who defended the british soldiers involved in the Boston Massacre?
John Adams
In the Declaration of Independence, Thomas Jefferson statement that " all men are created equal" is similar to which theorist's belief that government is based on the "consent of the governed"
John Locke
Which political philosopher inspired the phrase "life, liberty, and the pursuit of happiness" in the Declaration of Independence
John Locke
Tabula rasa
John Locke's concept of the mind as a blank sheet ultimately bombarded by sense impressions that, aided by human reasoning, formulate ideas.
Marshall federalism 1789-1835
John Marshall Court cases
US vs Johnson
Johnson was burning the flag. Protesting peacefully without the use of words.
Article III
Judicial
Substantive Due Process
Judicial interpretation of the Fifth and Fourteenth Amendments' due process clauses that protects citizens from arbitrary or unjust state or federal laws
According to the text , "it is hard I imagine a government framework better suited (than the constitution) to ____"
The pluralist model
Personal Liberty
Key characteristic of US Democracy; changed from "freedom from" to "freedom to"; freedom to engage in practices without governmental interference or discrimination
Federealist No. 51
Madison explains how the Constitution's provision of both a operation of powers and a system of checks and balances would prevent the national government from usurping the powers of the states and also ensure that no one branch of the federal government would dominates the other two.
Who rules in a monarchy?
King or queen
Monarch
King or queen.
Which of the following is not a power granted to the president under the constitution
The power to declare war
One similarity between the Virginia plan and the New Jersey plan was that both plans
Left unspecified how many people the executive could have
Article I of the constitution refers to the
Legislative branch
Article I
Legislature
The broad, basic definition of government given by text is
Legitimate use of force within specified geographic boundaries to control human behavior
What is the difference between conservatives and liberals?
Liberals support social and political reforms and Conservatives support social and economic status quo
In american political culture, what defines "economic freedom"?
Liberty defines economic freedom and it is linked to capitalism, free markets, and the protection of private property
The "unalienable rights" identified by the Declaration of Independence are
Life, liberty, and the pursuit of happiness
Supremacy Clause
Mandates that national law is supreme to/supersedes all other laws passed by the states or by any other subdivision of government
SOPA/PIPA
Monitor all copyrighting
Vindication of the Rights of Women
Mary Wollstonecraft's treatise of 1792, in which she argued that reason was the basis of moral behavior in all human beings, not just in men. She concluded that women should have equal rights with men in education, politics, and economics
Social Contract Theory
The exchange of some freedoms for protection. Hobbes.
News Media
Media providing the public with new information about subjects of public interest
First Continental Congress
Meeting held in Philadelphia from September 5 to October 26, 1744; 56 delegates from every colony except Georgia adopted a resolution in opposition to the Coercive Acts
first continental congress
Meeting held in Philadelphia from September 5 to October 26, 1774, in which fifty-six delegates (from every colony except Georgia) adopted a resolution in opposition to Coercive Acts
Stamp Act Congress
Meeting of representatives of 9/13 colonies held in New York City in 1765; drafted a document to send to the king that listed violated rights
Second Continental Congress
Meeting that convened in Philadelphia on May 10, 1775; decided that an army be raised and George Washington be the commander in chief
citizen
Member of the political community to whom certain rights and obligations are attached.
Enumerated Powers
The powers of the national government specifically granted to Congress in Article I, Section 8 of the Constitution
Framing
The process by which a news organization defines a political issue and consequently affects opinion about the issue
Confederal
Type of government where the central government gets it power from the states.
Unitary
Type of government where the central government has all the power.
Unitary
National government is sovereign, highest power
Centralized federalism 1964-1980
National priorities- poverty, discrimination, consumer protection, pollution LBJ's "great society" Medicare, Medicaid, head start
Which U.S. constitutional clause is the source of implied powers?
Necessary and Proper Clause
Prohibited powers
Neither state nor federal government
Which president advocated for New federalism?
Nixon
Anarchism
No government at all. Comes about when governments are failing.
Elite theory is discredited as an explanation of American national politics because studies show that
No one identifiable group regularly prevails on different issues
Direct democracy
No representatives. Citizens are directly involved in the day to day work of governing the country.
Anarchists
Oppose all government; freedom is everything
Libertarians
Oppose government action except what is necessary to protect life and property; strongly believe in free markets & civil liberties; anti governmental interference
Santa Fe Case
No student led prayers before a game
How the President is elected
Not elected by popular vote, must go through the electoral college. The people vote for the state who votes for the president. -congress can override w/ a 2/3 vote
A form of government in which all power is vested in (given to) the hands of a few?
Oligarchy
Dictatorship
One leader has absolute control over citizens lives
Traditional economy
One system of method of work, people trade, hunt, do stuff for their own needs.
conservative
One thought to believe that a government is best that governs least and that big government can only infringe on individual, personal, and economic rights
Statist
One who believes in extensive government control of personal and economic liberties; pro governmental interference
social conservative
One who believes that traditional moral teachings should be supported and furthered by the government
According to Thomas Hobbes, author of Leviathan, the proper objective of government is to ensure
Order
committees of correspondence
Organizations in each of the American colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against the British
Committees of Correspondence
Organizations in each of the colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against British
Lee v. Weisman
Prayer at graduation was not okay
Moderate
Person who takes a relatively centrist view on most political issues; Aristotle favored moderate politics
A democracy is a form of government in which the supreme court lies with the?
People
Anarchy
People are not subject to any nation or government
Indirect Democracy
People vote for representatives who work on their behalf; ancient Greeks thought it was undemocratic
Atheists
People who belive that no god exists
Demand
People's desire to buy the item
Jean Jacques Rousseau
Philosphe who published the "Social Contract." he posited that people are born good but are corrupted e education, laws, and society. He advocated a government based on popular sovereignty and was distrustful of other philosophes' suffocating conformity to "reason.", He was committed to individual freedom, but thought that rationalism and civilization corrupt man. Spontaneous feeling was to replace the coldness of intellectualism. Man is born good and needs protection from society. This influenced the Romantic Movement of the nineteenth century. His book, The Social Contract tells how social inequalities develop when people sign a social contract agreeing to surrender to the general will in order to be free. This creates a government as a necessary evil to carry out general will. If general will fails, people can replace it. This has justified actions in the French revolution and in Hitler's regime. He also wrote Emile that attacked society and proposed a new theory of education. He called for focus on logical thinking, reason, love, tenderness, and understanding toward children. He wanted children to be raised naturally and spontaneously in order to raise their emotional awareness.
The text suggests that the United States fulfills the ___ model quite well
Pluralist
Case: Mormons in 1800s
Practiced polygamy; while government cannot interfere with their religion, they can with practices
Classic Liberalism
Political ideology that values the freedom of individuals — including the freedom of religion, speech, press, assembly, and markets — as well as limited government. It developed in 18th-century Europe and drew on the economic writings of Adam Smith and the growing notion of social progress.
Federalism
Power divided between states and national government
Judicial Review
Power of the court to render invalid any legislative act or executive act that conflicts with the constitution.
Implied Powers
Powers of the national government derived from the Enumerated Powers and the Necessary and Proper Clause
Concurrent Powers
Powers shared by the national and state governments: Tax Borrow money Establish courts Make and enforce laws Charter banks and corporations Spend money for the general welfare Take private property for public purposes with comp.
Expressed
Powers that are actually stated in the constitution
Implied
Powers that are not actually stated in the Constitution.
Political Equality
Principle that all citizens are the same in the eyes of the law
Popular Consent
Principle that governments must draw their powers from the consent of the governed; central to Declaration of Independence, derived from John Locke's social contract theory
Federalists
Pro British, anti French Elites Wanted strong central government
Establishing Justice
Provide laws for citizens to abide by; federal judicial system dispenses justice, Bill of Rights entitles people
Necessary and Proper clause
Provides congress with the authority to make all laws necessary and proper to carry out its expressed powers
Full Faith and credit clause
Provision from Article IV Section 1 of the constitution requiring that the states normally honor the public acts and judicial decisions that take place in another state
Capitalism
Pure capitalism is free enterprise without governmental regulation, where innovation occurs because everyone is competing to sell more than their competitors
Polarized Parties
Putnam's idea that our political parties have become segregated based on ideology
Stromberg
Putting the communist flag in his apartment window.
Constitution
The federal government gets all of its power from this.
Article VII
Ratification
The broad, basic definition of politics given by text is
The authoritative allocation of values for a society
Devolving federalism 1980-2001
Reagan revolution- roll back powers of federal government Block grants More power to states
Theocracy
Recognizes God as the ultimate authority in government and law
An alleged weakness of the majoritarian democratic model is its
Reliance on the American public to be knowledgeable and participatory
The United States had which type of government?
Representative democracy
Constitutional principles
Republicanism Federalism Separation of powers Checks and balances
In 2010 congress passed the affordable health care act that
Required nearly all americans to buy health coverage or pay a penalty
Republicanism is a form of government in which power
Resides in the people and is exercised by the elected representatives
A republic is a government
Resting on the consent of the governed through their representatives
Originally the constitutional conventions purpose was to
Revise the articles Of confederation
Which of the following states was not present at the second continental congress' vote for Independence
Rhode Island
Natural rights
Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept of natural rights was central to English philosopher John Locke's theories about government and was widely accepted among America's Founders.
Émile
Rousseau's novel about the education of a young man; argued that children, when born, were perfect and perfectly designed, but then they meet society and society corrupts them. It urges educators to allow children to pursue their natural interests and to learn from their experiences rather than confine them in a disciplined classroom environment
Dual federalism 1835-1863
Roger Taney Dred Scott Nullification Separate and equal levels of government
Who presided over the New Deal?
Roosevelt
Judicial checks on Legislative
Rule federal and state laws unconstitutional.
Democracy
Rule of the many to benefit themselves; any system of government that gives power to the people, either directly or indirectly, through elected representatives; people were afraid of "mob rule" ex: most governments worldwide
Monarchy
Ruled by a king or queen
Autocracy
Ruled by one
Miller
SLAPS Test. if it doesn't have Serious, Literary, Artistic, Political, or Scientific value
Adam Smith
Scottish political economist and philosopher. His Wealth of Nations (1776) laid the foundations of classical free-market economic theory, government should not interfere with economics. Advocates Laissez Faire and founder of "invisible hand"
Free Exercise Clause
Second clause of the First Amendment; prohibits the US government from interfering with a citizen's right to practice his or her religion
State Powers
Set time, place, and manner of elections Ratify amendments to the federal Constitution Take measure for public health, safety, morals Exert powers Constitution does not delegate Establish local governments Regulate commerce within a state
Example of a Conservative
Senator Chuck Grassley
Example of a liberal
Senator Elizabeth Warren
The Federalist Papers
Series of 85 political essays by Alexander Hamilton, James Madison, and John Jay in support of ratifying the US Constitution
enumerated powers
Seventeen specific powers granted to Congress under Article I, section 8, of the U.S. Constitution; these powers include taxation, coinage of money, regulation of commerce, and the authority to provide for a national defense
The idea that the people agree to establish rulers for certain purposes, but they had the right to resist or remove rulers who violate those purposes, is also known as
Social contract theory
A person who favors government ownership of some basic industries and a strong government role in directing the economy, but also some private ownership of productive capacity, would best be labeled as a
Socialist
civil society
Society created when citizens are allowed to organize and express their views publicly as they engage in an open debate about public policy
Pentagon Papers case
Someone released classified information from the pentagon which was then published by the press. The man who released the information was pushed not the publishing company.
Federalism
Special name for power that both the states and federal government share.
State of nature
The basis of natural rights philosophy; a state of nature is the condition of people living in a situation without man-made government, rules, or laws.
Which level of government writes the majority of criminal laws?
State
Concurrent powers
State and federal government
Confederation
States are sovereign, highest power
Reserved powers
States only
Tinker v. Des Moines
Student wore black armbands to school protesting the Vietnam War; Supreme Court allowed this
The bill of rights is at the core of our
Substantive theories of democracy
Article VI
Supremacy clause- constitution is supreme law
Where is a federal government?
Switzerland and Canada
Symbolic Speech
Symbols, signs, and other methods of expression generally considered to be protected by the First Amendment
Direct Democracy
System of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule
Republic
System of government in which the interests of the people were represented by more educated or wealthier citizens who were responsible to those who elected them; consent of the governed
Unitary System
System of government in which the local and regional governments derive all authority from a strong national government ex: found in Great Britain
Federal System
System of government in which the national government and state governments share power and derive all authority from the people
Capitalism is best described as a(n)
System of government that favors privately owned businesses
Narrowcasting
Targeting media programming at specific population within society ex: MSNBC, Fox News; divide audiences by ideology ex: Fox is conservative, MSNBC is more liberal
The bill of rights consist of the first ___ amendments to the constitution
Ten
What amendment defines the rights of states?
Tenth
Direct Incitement Test
Test articulated by the Supreme Court in Brandenburg v. Ohio (1969) holding that the First Amendment protects advocacy of illegal action unless imminent lawless action is intended and likely to occur
Clear and Present Danger Test
Test articulated by the Supreme Court in Schenck v. US (1919) to draw the line between protected and unprotected speech; looks to whether "words used" could "create a clear and present danger" that Congress seeks "to prevent"
What events led to the revolutionary war?
The American Revolution was caused by the threatening the interests of New England merchants and southern planters, British tax and trade policies split the colonial elite, and permitting radical forces to expand their political influence
What was the first U.S. constitution called?
The Articles of Confederation
Which document proclaimed, "we hold these truths to be self-evident, that all men are created equal, that they are endowed by their creator with certain unalienable rights"
The Declaration of Independence
Obscenity
The Supreme Court has often made clear that obscenity is not protected speech. They have used a Community Standard test to determine what is and is not obscene. What does the community think is obscene? Roth case (1957): there is no redeeming social value, appeals only to the prurient interest Miller case (1973): patently offensive sexual conduct that lacks serious literary, artistic, political or scientific value (SLAP test). Community standards are local and not national.
A result of the second continental congress was
The adoption of the Declaration of Independence
social contract theory
The belief that people are free and equal by God-given right and that this in turn requires that all people give their consent to be governed; espoused by John Locke and influential in the writing of the Declaration of Independence
A greater percentage of the United States population died or was wounded during the revolution than in any other US conflict except
The civil war
Britain
The country that ruled the American colonies before the revolutionary war.
Federalism
The division of power between a central government and state governments.
What has been the historical relationship between state governments and the federal government?
The federal government has tried to overrule the state government and be in places in the community that they shouldn't be until the tenth amendment which gave the states their rights
Bill of Rights
The first ten amendments to the US Constitution which largely guarantee specific rights and liberties
Government
The formal vehicle through which policies are made and affairs of state are conducted; can legitimately use force to carry out decisions
What is the goal of politics
The goal of politics is to have a share or a say in the composition of the government's leadership, how the government is organized, or what its policies are going to be.
Time, Place, Manner restrictions
The government can restrict how you talk, when you talk and where you talk.
Limits on free speech: Time, Place, Manner
The government can usually restrict when, where and how you speak if it does not discriminate on WHAT you are saying. In other words, they must remain content neutral. Example: you cannot joke about bombs in the security line at the airport. It's not the right time or place!
What is the main benefit of a constitutional government?
The government is limited by the rule of law
Media Effects
The influence of news sources on public opinion
What are some things that nations that adopt a federal arrangement have in common?
The lower levels of government have significant individual power to set policy in some areas and to impose taxes
"noble savage"
The notion, often associated with Rousseau, that non-Western or "primitive" people are actually happier and more virtuous than Westerners. Based on the idea that humans are free and equal in "a state of nature" but that social institutions deprive them of that freedom and equality.
Compared with majoritarian thought, the pluralist model of democracy shifts the focus of democratic decision making from __ to __
The mass electorate to organized groups
Elastic
The necessary and proper clause is also known as the _______ clause
Which Key event was instrumental in the rise of a more active national government?
The new deal
Popular Sovereignty
The notion that the ultimate authority in society rests with the people
popular sovereignty
The notion that the ultimate authority in society rests with the people
when selecting the president, each state has a number of electors equal to
The number of representatives in congress
Agenda Setting
The process of forming the list of issues to be addressed by government
Deism
The religion of the Enlightenment (1700s). Followers believed that God existed and had created the world, but that afterwards He left it to run by its own natural laws. Denied that God communicated to man or in any way influenced his life.
Equal Time Rule
The rule that requires broadcast stations to sell air time equally to all candidates in a political campaign if they choose to sell it to any EXCEPTION: political debate; stations may exclude from this event less well known and minor party candidates
The primary goal of federalist No. 51 was to argue for
The separation of powers and checks and balances
Separation of powers
The structure of the government provided for in the Constitution where authority is divided between the executive, legislative, and judicial branches; idea comes from Montesquieu's Spirit of the Laws.
Politics
The study of who gets what, when, and how; how policy decisions are made
politics
The study of who gets what, when, and how—or how policy decisions are made.
Precedents
The supreme court tries to follow their previous cases.
Tinker vs Des Moines
The wearing of black armbands which symbolizes that the students don't agree with the war.
Saudi Arabia is led by a king. There are no elections, rather the king chooses people to assist him. Saudi Arabia's Baeic Law states that the country's constitution is the Islamic holy book, the Qur'an and other religions traditions. Which TWO types of government does Saudi Arabia have?
Theocracy, Monarchy
According to the New Jersey plan , how was representation to be structured in the congress
There would be one house , and all states would have equal representation in it
Why are block grants popular among states?
They allow the states considerable leeway in spending federal money
Where do people primarily acquire their political beliefs?
They come from deep-rooted goals, aspirations and ideals that shape an individual's perceptions
The articles of confederation failed because
They didn't provide an effective means for the government to raise money, include an independent leader to direct the government, give the government the power o regulate commerce
What key ideas did John Locke and John Stuart Mill espouse?
They evolved ideas about liberty and political rights
What must one possess to be a good citizen?
They must be politically engaged and have the knowledge needed to participate in political debate
Who represented in the New Jersey plan?
They wanted equal representation
Who represented in the Virginia plan?
They wanted it by poulation
Philosophes
Thinkers of the Enlightenment; Wanted to educate the socially elite, but not the masses; were not allowed to openly criticize church or state, so used satire and double-meaning in their writings to avoid being banned; Salons held by wealthy women also kept philosophes safe; They considered themselves part of an intellectual community, and wrote back and forth to each other to share ideas.
Principia Mathematica
This 1687 work by Isaac Newton is considered perhaps the most important scientific book ever published -- It contained his three laws of motion and his law of universal gravitation, explaining the movement of all bodies in the universe and ending all doubts about heliocentrism
Texas v. Johnson
This Supreme Court case is a good example of symbolic speech that is highly offensive to many people. Burning the flag, the Court said, is political speech because it is done in protest of something.
Candide
This is the book written by Voltaire, who was a Deist. It put forth the idea that people believing that everything happens for the best is ludicrous. Protagonist must choose between being flogged thirty-six times by every soldier in a regiment and having twelve bullets in his brain,
Encyclopedia
This was the first publication of different essays about the culture and society of France which was put on the Index of Forbidden Books because it dealt with controversial issues assembled by: Denis Diderot and Jean le Rond d'Alembert; consisted of 100 plus authors and most advancd ideas of the day; plea for freedom of expression included ideas in religion, gov't and philosophy; focused on antiquity,
The Declaration of Independence was based on input from many people, but it's primary author was
Thomas Jefferson
Federalists
Those who favored a stronger national government and supported the proposed US Constitution; later became the first US political party
Anti Federalists
Those who favored strong state governments and a weak national government; opposed ratification of the US Constitution
Lemon Test
Three part test created by Supreme Court for examining the constitutionality of religious establishment issues; a practice or policy was constitutional if: 1) had a legitimate secular purpose 2) neither advanced nor inhibited religion 3) did not foster an excessive government entanglement with religion
Communism
Totalitarian government + Socialist economy
True or false. In a direct democracy, the citizens meet and vote on government issues.
True
Representative democracy
Type of democracy where citizens elect leaders to represent them in government
Confederation
Type of government in which the national government derives its powers from the states; league of independent states
Federal
Type of government where states and a central government share power.
To amend the articles of confederation required a
Unanimous vote
Three principles
Unanimously endorsed by the Second Continental Congress on July 4, 1776, Jefferson's Declaration of Independence drew from the work of John Locke, and Jean-Jacques Rousseau: 1. natural rights 2. proposed all governments must be based on the consent of the people they govern. 3. If a government is not protecting the rights of the people, then the people have the duty to abolish it and to create a new government - radical principles at the time -declaration provided a rallying point by promising a new government that would be based on the consent of the people, with liberty and equality as its central goals
Totalitarian Systems
Unlimited power to the government. Citizens don't have any freedom. Government controls the citizens whole life. Examples: North Korea, China, Iraq
According to Madison in Federalist No. 10, the most common and durable source of factions has been
Unequal distribution of property
Federalism, or the division of power between a national government and regional units, stands in contrast to
Unitary government
Slander
Untrue spoken statements that defame the character of a person
Shays' Rebellion indicated the
Urgent need to maintain domestic order
Compared to citizens in other nations, Americans
Value freedom of speech more than order
Slander
Verbal defamation
Executive checks on Legislative
Veto legislation. Call congress into special session. Implement (or fail to implement) laws passed by congress.
early forms of democratic participation
Virginia house of burgesses (1st) New England town hall meetings minimal royal interference direct taxation (taxed themselves)
A group of delegates to the constitutional convention proposed a powerful national government to replace the weak confederation of states. This was known as the
Virginia plan
Representative Democracy
a system of government in which the populace selects representatives, who play a significant role in governmental decision making
Democracy
Were citizens hold the political power.
Anarchy
Were nobody is in control. Every man for themselves.
Watchdogs
What journalists think of themselves as to keep the public informed about corruption or illegal activity by public officials
Needs
What people need to survive
Consumption
What we buy or consume
Wants
What we enjoy having
Production
What we make
Failed States
When a country is unstable, unwilling/unable to protect their citizens. Example: Somalia
Transitional Government
When a government is changing. Very unstable during this period.
Government
When america was born, each state already had one of these.
Layer Cake/Dual Federalism
When separation between state and federal powers was clear
Dissent
When someone is opposed to the government and they voice that opinion
Imminent Lawless Action Test
When someone talks about having plans to commit something dangerous.
Marble Cake/Cooperative Federalism
When the federal government got more involved in providing basic services, making it less clear which level of government was supposed to do what
Defamation
When you publish something false about someone who is harmed by your words. Libel means its written, while slander means it is spoken.
Community Standards
Where the line is in a region. Where the media begins to cross the line of what is acceptable.
New Jersey plan
William Paterson Unicameral legislature Congress had power of tax trade and security Supreme Court
Fighting Words
Words that "by their very utterance inflict injury or tend to incite an immediate breach of peace" Not subject to the restrictions of the First Amendment
categories of reserved powers
police, taxing, proprietary, and eminent domain
The primary goal of federalist No. 10 was to demonstrate that the new government
Would not fall under the dominance of any one faction
The Wealth of Nations
Written by Adam Smith. Promoted laissez-faire, free-market economy, and supply-and-demand economics. This criticized mercantilism and proposed a free market economy in which the "invisible hand" determined prices.
Leviathan
Written by English philosopher Thomas Hobbes, maintained that sovereignty is ultimately derived from the people, who transfer it to the monarchy by implicit contract. It argues that a strong central government is necessary to protect man from the chaos and violence of the state of nature
Libel
Written defamation
Mary Astell
Wrote A Serious Proposal to the Ladies, book addressed that lack of educational opprotunities for women; tried to improve the status of women, skeptic woman; "if all men are born free, why are women slaves?"; why don't all populations receive natural rights
Mary Wallstonecraft
Wrote A Vindication of the Rights of Women, in which she called for equal education for girls and boys. She felt that a woman should be able to decide what was in her own interest without depending on her husband.
Hobbes and The State of Nature
Wrote a book, Leviathan: a monster. Grew up in england during the blood wars. Anarchy: the state of nature. Humans are greedy and always try to get what others have. Solution: have everyone agree to be governed by a strong leader.
shay's rebellion
a 1786 rebellion in which an army of 1,500 disgruntled and angry farmers led by Daniel Shays marched to Springfield, Massachusetts, and forcibly restrained the state court from foreclosing mortgages on their farms
supremacy clause
a clause in Article VI of the Constitution that states that the Constitution and the treaties and laws created by the national gov. in compliance with the Constitution are the supreme law of the land - the lack of a list of individual liberties to limit the power of the national government, bill of rights such as each state constitution had, was a major concern for citizens afraid of a strong central government.
Full Faith and Credit
a clause of the Constitution requiring each state to recognize the official documents and civil judgments rendered by the courts of other states
Political Ideology
a cohesive set of beliefs that forms a general philosophy about the role of government
preemption
a concept derived from the Constitution's supremacy clause that allows the national government to override or preempt state or local actions in certain areas
great compromise
a decision made during the Constitutional Convention to give each state the same number of representatives in the Senate regardless of size; representation in the House was determined by population
constitution
a document establishing the structure, functions, and limitations of a government.
muckraking
a form of journalism, in vogue in the early twentieth century, concerned with reforming government and business conduct
yellow journalism
a form of newspaper publishing in vogue in the late nineteenth century that featured pictures, comics, color, and sensationalized, oversimplified news coverage
new jersey plan
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.
checks and balances
a governmental structure that gives each of the three branches of government some degree of oversight and control over the actions of the others
bill of attainder
a law declaring an act illegal without a judicial trial
Extradition
a legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed
unicameral legislature
a legislative body with a single chamber
sampling error or margin of error
a measure of the accuracy of a public opinion poll.
random sampling
a method of poll selection that gives each person in a group that same chance of being selected
"invisible hand"
a phrase coined by Adam Smith to describe the process that turns self-directed gain into social and economic benefits for all, the tendency of firms and resource suppliers that seek to further their own self-interests in competitive markets to also promote the interest of society
Devolution
a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local government
the federalist papers
a series of 85 political papers written by John Jay, Alexander Hamilton,a nd James madison in support of ratification of the U.S. Constitution
Federalist papers
a series of essays, written by James Madison, Alexander Hamilton, and John Jay, that argued for the ratification of the Constitution. -They knew that achieving ratification depend on convincing the public and state legislators that the Constitution would empower the new nation to succeed. - Also understaiid many of the Anti-federalist concern centered on how much power the national government would have under the Constitution and how that authority would affect the states and individual freedoms
ideology
a set or system of beliefs that shapes the thinking of individuals and how they view the world
Privileges and Immunities Clause
a state can't discriminate against someone from another state of give its own residents special privileges
Dual Federalism
a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies
Federalism
a system of government in which power is divided, by a constitution, between a central government and regional governments
Cooperative Federalism
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
dual sovereignty
a system of government in which ultimate governing authority is divided between two levels of government, a central government and regional government, with each level having ultimate authority over different policy matters
Direct Democracy
a system of government that permits citizens to vote directly on laws and policies
Authoritarian Government
a system of rule in which the government recognizes no formal limits but may nevertheless be restrained by the power of other social institutions
Democracy
a system of rule the permits citizens to play a significant part in the governmental process, usually through the election of key public officials
Constitutional Government
a system of rule which formal and effective limits are placed on the powers of the government
stratified sampling
a variation of random sampling; census data are used to divide the country into four sampling regions. Sets of counties and standard metropolitan statistical areas are then randomly selected in proportion to the total national population
Emilie du Châtelet
a woman who was fortunate enough to receive an education in the sciences; aristocrat trained as a mathematician and scientist; helped stimulate interest in science in France by translating Newton's work from Latin into French
Consent of the governed
agreement by the people of a nation to subject themselves to the authority to a government. Natural rights philosophers, such as John Locke, believe that any legitimate government must draw its authority from the consent of the governed.
order freedom and equality
all governments must balance these when deciding how to rule
american dream
an American ideal of a happy, successful life, which often includes wealth, a house, a better life for ones children, and, for some, the ability to grow up to be president
network
an association of broadcast stations (radio or television) that share programming through a financial arrangement
wire service
an electronic delivery of news gathered by the news service's correspondents and sent to all member news media organizations
expressed powers
article 1 section 8 of u.s. constitution. powers listed to federal government
implied powers are granted by what clause
article 1 section of u.s. constitution: necessary and proper clause
New federalism
attempt to return power to the states through block grants
concurrent powers
authority possessed by both the state and national governments that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law
16th amendment
authorized Congress to enact a national income tax
political ideology
the coherent set of values and beliefs about the purpose and scope of government held by groups and individuals
reserved powers
belongs to states
Who can borrow money?
both the federal government and state government
Who can build roads?
both the federal government and state government
Who can collect taxes?
both the federal government and state government
Who can establish courts?
both the federal government and state government
Who can make and enforce laws?
both the federal government and state government
Who can protect public health and safety?
both the federal government and state government
block grant
broad grant with few strings attached; given to states by the federal government for specified activities, such as secondary education or health services
Obergefell v. Hodges
case legalized gay marriage across the u.s.
indirect democracy
citizens vote for representatives who make decisions on their behalf representative democracy United States
Public Opinion
citizens' attitudes about political issues, leaders, institutions, and events
full faith and credit clause
civil judgements of courts on 1 state must be recognized and enforced by civil courts in other states and that most government actions must be officially recognized by public officials in all states i.e. getting married in tx and moving to ohio- u still married
martial law
civilians are all under military power
expressed powers examples
collect taxes, regulate interstate commerce, coin money, and declare war
Special name for powers that both the states and federal government share
concurrent
Type of government where the central government gets its power from the states
confederal
confederation
congress drafted/submitted tot he states the Articles of Confederation in 1777. Established by the Articles: a union of independent states in which each state retains its sovereignty - that is, its ultimate power to govern-and agrees to work collaboratively on matters the states expressly agree to delegate to a central governing body
tracking polls
continuous surveys that enable a campaign to chart its daily rise or fall in support
interstate compacts
contracts between states that carry the force of law; generally now used as a tool to address multistate policy concerns
reserved power examples
control over property and contract law, licensing, criminal law, marriage/divorce, provision of education, run elections, regulate intrastate commerce
Since the 1960's America's trust in government has increased, decreased or stayed the same?
decreased
What value was the Bill of Rights designed to protect?
designed to preserve individual liberties and rights
declaration of independence
document drafted by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain
The necessary and proper clause is also known as what?
elastic clause
oligarchy
elite few who rule in self interest (council of elite)
aristocracy
elite few who rule in the public interest (council of elite)
Mass Media
entire array of organizations through which information is collected and disseminated to the general public
What broad concepts were discussed as a purpose of government in the Constitution's preamble?
establish justice, provide domestic tranquility, provide for the common defense, promote general welfare and liberty
What are powers that are not actually stated in the Constitution?
implied powers
Powers that are actually stated in the constitution
expressed
Shay's rebellion
farmers (poor) rose up to combat wealthy elite when they began taxing them and foreclosing on farms of veterans shut down government
Type of government where states and a central government share power
federal
categorical grants
federal aid to state or local gov for specific purposes under resitrcted conditions i.e. medicaid. money for specific things
Formula Grants
federal categorical grants distributed according to a formula specified in legislation or in administrative regulations
Project Grants
federal categorical grants given for specific purposes and awarded on the basis of the merits of applications
Block Grants
federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services
Categorical Grants
federal grants that can be used only for specific purposes, or "categories," of state and local spending. they come with strings attaches, such as nondiscrimination provisions
new federalism
federal/state relationship proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to the state governments
government
formal vehicle which allows for the legitimate use of force to implement policy and control human behavior
public opinion polls
interviews or surveys with samples of citizens that are used to estimate the feelings and beliefs of the entire populations
When America was born, each state already had one of what?
government
content regulation
government attempts to regulate the substance of the mass media.
Second Treatise of Government
government based on consent of governed; individuals had natural rights (life, liberty, property); people had right to overthrow government, Written by John Locke, it contains the blueprint principles found in the Declaration of Independence.
Weber
government is the monopoly on the use of force
categorical grant
grant for which Congress appropriates funds for a specific purpose.
What grant has the biggest influence on states?
grant in aid (a kind of project grant)
Bicameral
having a legislative assembly composed of two chambers or houses
mercantilism
increase national wealth by promoting domestic industry through favorable trade balance
enlightenment
intellectual and philosophical movement human reason
ex post facto law
law passed after the fact, thereby making previously legal activity illegal and subject to current penalty; prohibited by the U.S. Constitution
natural rights
life liberty and property
Locke
life, liberty and property
affiliates
local television stations that carry the programming of a national network
17th amendment
made senators directly elected by the people; removed their selection from state legislatures
purposes of government`
maintaining order carrying out constitution
What is it called when someone is elected by the majority?
mandate
polity
many rule in public interest
democracy
many rule in self interest
news media
media providing the public with new information about subjects of public interest
stamp act congress
meeting of representatives of nine of the thirteen colonies held in New York City in 1765, during which representatives drafted a document to send to the king listing how their rights had been violated
second continental congress
meeting that convened in Philadelphia on May 10, 1775, at which it was decided that an army should be raised and George Washington of Virginia was named commander in chief
direct democracy
members of polity met to discuss all policy decisions, abides by majority rule early colonial governments
What is meant by saying the "federal government has devolved"?
more and more power has been given back to the states
Denis Diderot
multifacted leader of French Enlightenment; worked on Encyclopedia which included scientific and social knowledge; wrote widely on philosophy, mathematics, and psychology on deaf-mutes
which entity has implied powers
national government
unfunded mandates
national laws that direct states or local governments to comply with federal rules or regulations (such as clean air or water standards) but contain little or no federal funding to defray the cost of meeting these requirements
Thomas Hobbes
negative view on society government is necessary to restrain human tendencies "state of nature"
How is a state a "laboratory of democracy"?
new ways of doing things are tested in state governments and if they work, they are sometimes used in federal government, but if they don't, they are scrapped
anarchism
no government
sovereign
not controlled by outside forces
maintaining order
oldest purpose of all governments
liberal
one considered to favor governmental involvement in the economy and in the provision of social services and to take an activist role in protecting the rights of women, the elderly, minorities, and the environment
libertarian
one who favors a free market economy and no governmental interference in personal liberties
privileges and immunities clause
part of Article IV of the Constitution guaranteeing that the citiyens of each state are afforded the same rights as citizens of all other states.
extradition clause
part of Article IV that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial.
"critical period" 1781-1789
period between the end of the revolutionary war and the time before the constitution was enacted
federal system
plan of government created in the U.S. constitution in which power is divided between the national government and the state governments and in which independent states are bound together under one national government
The term "one man, one vote" reflects what principle?
political equality
Aristotle
polity is better than democracy
exit polls
polls conducted at selected polling places on Election Day.
push polls
polls taken for the purpose of providing information on an opponent that would lead respondents to vote against that candidate
supremacy clause
portion of Article VI of the U.S. Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other subdivision of government.
John Locke
positive view on society natural rights right to replace government
Examples of Concurrent powers
power to levy taxes, charter banks, grant or deny corporate charters, grant or deny licenses to engage in a business or practical trade, and to regulate the quality of products of the conditions of labor
police power
power to protect health, morals, safety, and well being of citizens and provide for general welfare i.e. education, roads, police
implied powers
powers derived from the enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers
Enumerated Powers
powers of the federal government that are specifically addressed in the Constitution
reserve (or police) powers
powers reserved to the states by the 10th Amendment that lie at the foundation of a state's right to legislate for the public health and welfare of its citizens
implied powers
powers that are assumed to exist in order for federal government to perform functions that are expressly delegated
block grants
preferred federal grants to state/local gov for more general purposes and w fewer restrictions than categorical i.e. TANF, block of money. state do what they want w it
politics
process by which we choose government officials, and what those officials choose, or do not choose, to do
articles of confederation
the compact among the thirteen original states that was the basis of their government. Written in 1776, the Articles were not ratified by all the states until 1781
taxing power
raising revenue to pay for government costs i.e. taxing
reformation
religious movement began self governments
fairness doctrine
rule in effect from 1949 to 1985 requiring broadcasters to cover events adequately and to present contrasting views on important public issues
Connecticut Compromise
the compromise between the Virginia Plan and the New Jersey Plan that created a bicameral legislature with one chamber's representation based on population and the other chamber having two members for each state (also known as the Great Compromise)
full faith and credit clause
section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
concurrent powers
shared by national government and states
Autocracy
single individual rules
totalitarian
single ruler who rules in self interest (dictator)
monarchy
single ruler who rules in the public interest (king/queen)
Oligarchy
small group like landowners, military officers of wealthy merchants control most of the governing decisions
What is an example of a unitary government in the US?
state governments
federalism
state of government where power is divided and shared between national and state
US v Lopez
suit against the federal government after a law was passed to restrict hand guns on college campuses under the commerce clause; court decided to limit congressional power under the commerce clause
What clause says federal laws are superior to state laws?
supremacy clause
unitary system
system of government where the local and regional governments derive all authority from a strong national government
federal system
system of government where the national government and state governments share some powers, derive all authority from the people, and the powers of the national government are specified in the U.S. Constitution
unitary ssytem
system where national government has all the power. all local governments are subordinate to central government
narrowcasting
targeting media programming at specific populations within society
new media
technologies, such as the Internet, that blur the line between media sources and create new opportunities for dissemination of news and other information.
broadcast media
television, radio, cable, and satellite services
new york times co v sullivan 1964
the Supreme Court concluded that "actual malice" must be proved to support a finding of libel against a public figure
gibbons v ogden 1824
the Supreme Court upheld broad congressional power to regulate interstate congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers
mcculloch v maryland 1819
the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
dual federalism
the belief that having separate and equally powerful levels of government is the best arrangement
majority rule
the central premise of direct democracy in which only policies that collectively garner the support of a majority of voters will be made into law
separation of powers
the constitution's delegation of authority for the primary governing functions among 3 branches of gov. so that no one group of government officials controls all the governing functions - borrowed from the states - each branch of gov. has specific powers and responsibilities that allow it to operate independently of the other branches: legislative branch has authority to formulate policy; the executive branch has authority to implement policy; and the judicial branch has authority to resolve conflicts over the law.
Tenth Amendment
the constitutional amendment stating that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people"
mass media
the entire array of organizations through which information is collected and disseminated to the general public
Who can decide what units of measurement we use?
the federal government
Who can declare war?
the federal government
Who can establish a post office?
the federal government
Who can make copyright laws to protect author's writings?
the federal government
Who can make laws that are necessary and proper to carry out its powers?
the federal government
Who can make rules about trade between states and nations?
the federal government
Who can provide an army and navy?
the federal government
Who can spend money for the general welfare?
the federal government
necessary and proper clause
the final paragraph of Article I, section 8, of the U.S. Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution; also called the elastic clause
10th amendment
the final part of the Bill of Rights that defines the basic principle of American federalism in stating: "The powers not delegated to the United States by the Constitution. Nor prohibited by it to the States, are reserved to the States respectively, or to the people."
bill of rights
the first 10 amendments to the U.S. Constitution
virginia plan
the first general plan for the Constitution, proposed by James Madison and Edmund Randolph. Its key points were a bicameral legislature, an executive chosen by the legistlature, and a judiciary also named by the legislature
government
the formal vehicle through which policies are made and affairs of state are conducted
popular consent
the idea that governments must draw their powers from the consent of the governed
Fiscal Federation
the pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments
veto
the president's rejection of a bill, which is sent back to Congress with the president's objections noted
political equality
the principle that all citizens are equal in the political process that is implied by the phrase "one person, one vote."
Preemption
the principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy
framing
the process by which a news organization defines a political issue and consequently affects opinion about the issue
political socialization
the process through which individuals acquire their political beliefs and values
cooperative federalism
the relationship between the national and state governments that began with the New Deal
sovereign immunity
the right of a state to be free form lawsuit unless it gives permission to the suit. Under the 11th Amendment, all states are considered sovereign
equal time rule
the rule that requires broadcast stations to sell air time equally to all candidates in a political campaign if candidates in a political campaign if they choose to sell it to any
Who can charter banks and corporations?
the state government
Who can conduct elections?
the state government
Who can establish local governments?
the state government
Who can issue driver's and marriage licenses?
the state government
Who can make rules about a business in a state (intrastate commerce)?
the state government
Who can provide police and emergency services?
the state government
Who can run public schools?
the state government
Who can use any power of the constitution that doesn't give the federal government or deny it to the states?
the state government
print media
the traditional form of mass media, comprising newspapers, magazines, newsletters, and journals
federalists
those who favored a stronger national government and supported the proposed U.S. Constitution; later became the first U.S. political party.
anti federalists
those who favored strong state governments and a weak national government; opposed the ratification of the U.S. Constitution
how does federal gov get involved in policymaking at ALL levels of gov
through issuing grants aka free money
Purpose of the Annapolis convention?
to improve and reform the Articles of Confederation
What was the primary goal of the articles of Confederation?
to limit the powers of the central government
navigation acts
trade restrictions on colonies to promote mercantilism, difficult to enforce, hated by colonists, ignored
confederation
type of government where the national government derives its powers form the states; a league of independent states
Type of government where the central government has all the power
unitary
What is a word that describes the relationship of the states in America?
united
Newtonian synthesis
united the experimental and theoretical-mathematical sides of modern science to explain the forces behind the movement of the plants and objects on Earth, law of universal gravitation
straw polls
unscientific surveys used to gauge public opinion on a variety of issues and policies
separation of powers
way of dividing power among three branches of government in which members of the House of Representatives, members of the Senate, the president, and the federal courts are selected by and responsible to different constituencies
blog
web-based journal entries that provide an editorial and news outlet for citizens.
public opinion
what the public thinks about a particular issue or set of issues at any point in time.
What is Shay's rebellion and what impact did it have on the Articles of Confederation?
when Daniel Shay led a mob of farmers in a rebellion against the Massachusetts government. It showed the government what they needed and they pushed the Annapolis resolution through.
Cooperative Federalism
when grants-in-aid are used strategically to encourage states and localities to pursue nationally defined goals
Explain the Connecticut Compromise
when in the House of Representatives the representatives would be apportioned according to the population of each state and in the senate each state would have equal representation
What is unfunded mandate?
when the federal government requires a state to do something without giving said state money to do it
Hobbes
without government, humans would live an a state of nature that is filled with war
Persian Letters
written by Montesquieu; described a Persian in France writing to another back in the middle east and compared Louis XIV to the Persian ruler; made people upset
Letters on the English
written by Voltaire after his return to France following his exile in England (1733), it was his book based on his experiences while living there; it praised virtues of the English, especially that of religious liberty and freedom, and indirectly criticized the French society's abuses. Was later condemned by the Parliament of Paris.
Pierre Bayle
wrote Historical and Critical Dictionary examining religious beliefs and persecutions of the past. He found that human beliefs were very varied and often wrong. He concluded that nothing can ever be known beyond all doubt, and that one's best hope was open-minded toleration. This skepticism was very influential. His Dictionary was the most popular book in private French libraries at that time.
What does the federal government get all of its power?
Constitution
Federalist No. 84
Hamilton argues that because " the people surrender nothing, and as they retain everything" by the way of the constitution, there was no danger that the new government would usurp individual rights and liberties.
what amendment grants states reserved powers
10th: power not given to national is reserved for the states
Amendments that relate to the selection of government officials or the operation of the branches of government
11 - 1795: limited federal court jurisdiction by barring citizens of one state from suing another state in federal court 12 - 1804: Required the electors in the Electoral College to vote twice once for president and once for vice president 17 - 1913: Mandated the direct election of senators by citizens 20 - 1933: Set a date for the convening of congress and the inauguration of the president 22 - 1951: limited two the number of terms the president can serve 24 - 1967: Established the procedure for presidential succession in the event of the disability or death of the president; established the procedure for vice-presidential replacement when the position becomes vacant before the end of the term 27 - 1992: Required that there be an intervening election between the time when Congress votes itself a raise and when that raise can be implemented
Amendments that protect civil liberties and civil rights
13 - 1865: banned slavery 14 - 1868: Established that all people have the right to equal protection and due process before the law, and that all citizens are guaranteed the same privileges and immunities 15 - 1870: Guaranteed that the right to vote could not be abridged on the basis of sex 19 - 1920: Guaranteed that the right to vote could not be abridged on the basis of sex 23 - 1961: Defined how the District of Columbia would be represented in the Electoral College 24 - 1964: Outlawed the use of a poll tax. which prevented poor people from exercising their right to vote 26 - 1971: Lowered the voting age to 18 years
Amendments that address specific public policies
16 - 1913: Empowered congress to establish an income tax 18 - 1919: Banned the manufacture, sale, and transportation of liquor 21 - 1933: Repealed the ban on manufacture, sale, and transportation of liquor
denied power examples
can't coin money, can't enter into treaties with other nations, can't interfere with "obligations of contracts", can't levy taxes on imports/exports, can't engage in war
judicial Review
court authority to determine that an action taken by any government official or governing body violates the constitution; established by the Supreme Court in the 1803 Marbury v. Madison case
Shay's Rebellion
farmer and veteran Daniel Shay led an uprising, of those debt-burdened farmers. The rebels first broke into county courthouses and burned all records of their debts, then proceeded to the federal arsenal. Massachusetts asked Congress for assistance in putting down the rebellion, Congress appealed to each state for money to fulfill that request, but only Virginia complied.
What is the division of power between a central government and state governments?
federalism
Kelo v. City of New london
greatly increased power of government at all levels to use power of eminent domain even when property is seized for private entities paved way for Dallas Cowboys
Anti-federalists
individual who opposed ratification of the constitution because they were deeply suspicious of the powers it gave to the national government and of the impact those powers would have on states' authority and individual freedoms. - which was left undefined in the document, and endanger individual freedoms because it was not limited by a bill of rights. -Critics of the Articles of who called for the Constitutional convention called for remedying the "defects of the federal government" -Pennsylvania debate between the Federalists and the Anti-Federalists that the public call for the inclusion of a bill of rights to limit the powers of the federal government.
federalists
individuals who supported the new constitution as presented by the constitutional convention in 1787 - those who supported ratification of the constitution called themselves Federalists in an effort to persuade citizens that the states treatained considerable powers under the constitution and that the federal government was limited government (as it was under the Articles of confederation)
article 4 of u.s. constitution deals w
interstate relations states should work with eachother
bicameral legislatures
legislature comprising two parts, called chambers -normal in states. - state legislators, who were elected directly by voters in most states, were delegated more governing powers than members of the other two branches, who were not typically elected by voters. -- legislators offered best prospects for representative gov. that would ensure popular sovereignty
which entities have concurrent powers
national and state government
which entity has delegated powers
national government- legislative branch
Anti federalist papers
penned letter, speeches, and essays warning of the dangers of the new government and urging American to reject it. That the constitution ceded too much power to the national government, at the expense of the states and people. Without a bill of rights, they reasoned there was no way of truly limiting the actions of the new government might take to achieve its goals. - Thomas Jefferson (author of the declaration of Independence): insisted that the inclusion of a bill of rights in the Constitution was essential to protecting citizens' rights/ - Federalist Alexander Hamilton: argued listing those rights might endanger the very kind of individual freedoms and rights they sought to safeguard. Reasoned that the list would be incomplete and that at some future time people might legitimately argue that because a given right was not specifically enumerated, it did not exist. - Jefferson countered that "hold a loaf is better than no bread" and that "if we cannot secure all out rights, let us secure what we can"
privileges and immunities clause
protection of laws, access to courts, right to leave and enter any state i.e. longhorns fan in ok
extradition
provides for criminals in one state to be delivered to the state where they committed the crime/s i.e. robbing Targets in TX and fled to Louisiana, they'll send ya back to tx
proprietary power
public ownership of property like airports, energy producing utilities and parks i.e. government owned property
Article VII: The constitutional ratification process
ratification of the constitution required the affirmative vote of special conventions in 9 of the 13 original states. After delegates signed the Constitution, the standing Congress forwarded it to the states, directing them to hold ratification conventions.
coercive federalism
relationship between national and states gov where former directs the states on policies they must undertake i.e. free money with strings attached
which entity has reserved powers
states
guarantees to states in u.s. constitution
states can't divide or join other states w/o consent guaranteed republican form of gov (democracy representative form of gov) each state has senators and at least one member in house of rep states play a role in pres elections through electoral college states play role in amending process of u.s. constitution states are protected by gov
confederal system
system where government's member state/regional government have all authority, and any central government has only the power that state government chose to give. started with this
concurrent powers examples
taxing citizens and businesses, spending money, establishing courts, protecting civil liberties, passing and enforcing laws
Marbury v. Madison
the 1803 Supreme Court case that established the power of judicial review, which allows court to determine that an acton taken by any government official or governing body violates the Constitution
advice and consent
the Senate's authority to approve or reject the president's appointments and negotiated treaties
Who can make treaties and deal with foreign countries?
the federal government
Who can print money?
the federal government
war for independence
(The American Revolutionary War) -began at Lexington and Concord in 1775 - 8 year war, and ends with treaty in Paris in 1783 - encouraged legislative assemblies of other colonies to write a constitution establishing gov. independent of Great Britain - by 1777, the Second Continental Congress draft/submitted to states a constitution, the Articles of Confederation, which designed a collaborative governing alliance among the states
Articles of Confederation Structure and Authority
*Structure:* • created only 1 governing body, a Congress (*unicameral legislature*) - every state had 2-7 delegates in congress, but only 1 vote - each state determined how its congressional delegates would be selected - approving policies and ratifying treaties required affirmative votes from 9 of the state delegations in Congress - did not create a judicial branch, an executive branch or a president - Congressional delegates would select one of their members to serve as president, to preside over the meetings of Congress. - State courts would resolve legal conflicts, unless the dispute was between states, in which case the Congress resolved it. - State governments would implement and pay for congressionally approved policies. -* Amending the Articles of Confederation required unanimous agreement among all 13 state congressional delegations * *Authority:* - Congress had limited authority --could approved policies relevant to foreign affairs, defense, and the coining of money, it was not authorized to raise revenue through taxation. - State gov.s could only levy and collect taxes -- to pay national gov. bills, congress had to request money from each state
John Locke's Theories: Two Treatise of Government 1689
- All people are born free and equal - All people are born into a "state of nature" and choose to enter into government for protection against being harmed - Every person has the right to "life, liberty and property," and government may not interfere with this right -- 1/2 writings: rejected the commonly held notion that the rationale for the divine right of kings to rule was based on scripture -- 2/2 writing: rights men have precede the establishment of government, and that are superior to the rule of kings and government
Jean Jacques Rousseau's Theories: The Social Contract 1762
- All power ultimately resides in the people - People enter into a "social contract" with the government to ensure protection of their lives, liberties, and a property - If government abuses its powers and interferes with the people's exercise of their civil liberties, then the people have both the right and the duty to create a new government -- Took Locke's theories further, stating that government is created by the people and depends on the people for the authority to rule and that governments must rely on popular sovereignty
Weakness of the Articles of Confederation
- Emphasized the sovereignty of individual, independent states at the expense of a powerful national government and national identity -Citizen's allegiance was to their states; there was no mass national conscience - states retained ultimate authority in matters of commerce and currency, no centralized economy policy -- other nations were not willing to negotiate trade policies with Congress - each state taxed all goods coming into the state for foreign nations and from other states - states issued their own money and required the use of that currency for all business within the state -- Cumulative effect of each state's having its own economic policies was that interstate and international commerce was hampered, putting nation's economic health in jeopardy. Poor economy and its effect on citizens led to uprisings. Led to Shay's Rebellion, which highlighted the weaknesses of the National confederacy- including its lack of authority to develop national economic policies and its inability to defend against domestic uprising
reasons why we have federalism
-checks growth of tyranny -allows for unity without conformity (i.e. weed) -encourage experimentation without public policy -keeps government closer to people
New state constitutions were revolutionary
1. They were each a single, written document that specified the principles, structures, and operating procedures of the government established by the consent of the people 2. They were adopted at a specific moment in time, unlike constitutions before them, which were accumulations of disparate laws written over time or read by judges through the years, based on customs and traditions. They were the first written constitutions in the world. 3. They transformed "subjects" under the rule of a king into citizens sharing in popular sovereignty.
additional limits on state power in constitution examples
19th amendment: can't deny right to vote based on gender 26th amendment: lowered voting age to 18 14th amendment: states provide "equal protection of the laws" and can't deprive person of life liberty and property with *due process* (prodcedure cops use)
state constitutions
8 colonies ratified state constitutions by end of 1776. NY, Georgia, and Vermont followed suit in 1777. Massachusetts adopted a state constitution in 1780. Connecticut and Rhode Island continued to operate under revised royal charters (governing documents from the British government with references to the king removed) until enacted new constitutions in 1818 and 1843 Mission: to ensure natural rights, evident in their bill of rights
The country that ruled the American colonies before the Revolutionary war
Britain
Federalist No. 10
Regards individual rights: Madison reassuringly details how the republican government created by the Constitution would ensure that many views would be heard and that a majority of the population would not be permitted to trample the rights of numerical minority.
Article VI: Supremacy of the Constitution
The articles states that the constitution, and laws and treaties made in compliance with it ny the national government, are the supreme law of the land. All national and state government officials must uphold the constitution of the us
republic
a government that derived its authority from the people and in which citizens elect government officials to represent them in the processes by which laws are made; a representative democracy -- state governments included 3 governing bodies - the legislative, executive, and judicial branches
checks and balances
a system in which each branch of government can monitor and limit the functions of the other branches
State bill of rights
affirmed that all government's power derives from the people; endorsed rights such as trial by jury and religious freedom; and included protections for free speech and free, protection from excessive fines and bail, and protection from unreasonable search and seizure -authors wrote into them limits to prevent state gov. from infringing on individuals' liberties and pursuit of happiness, infringements the colonists experienced under British rule.
articles of confederation
because of their experience under British Crown, people and their delegates to the Second Continental Congress distrusted a strong, distant central government; they preferred limited local government, which they established in their state constitutions, but they recognized the need for a unified authority to engage in international trade, foreign affairs, and defense -states created an alliance for mutual well-being in the international realm yet continued to pursue independently their own self-interests within their own borders - in 1781, 13 states ratified it, went into effect, as the War for independence continued for another 2 years. • created only 1 governing body, a Congress (*unicameral legislature*) - every state had 2-7 delegates in congress, but only 1 vote - each state determined how its congressional delegates would be selected - approving policies and ratifying treaties required affirmative votes from 9 of the state delegations in Congress
bill of rights
the first 10 amendments of the Constitution, which were ratified in 1791, constituting an enumeration of the individual liberties with which the government is forbidden to interfere. - James Madison introduced a bill of rights of the newly constituted Congress in March 1789. Congress passed all 12 proposed amendments and sent them to the states for approval. By 1791, the required number of states had quickly ratified 10 of the 12 amendments -First 8 amendments establish the governments legal obligation to protect several specific liberties to which the Declaration of Independence referred when it stated that men were "endowed by their creator with certain unalienable rights." These natural rights became gov. protected liberties, civil liberties, through the ratification process. -9th Amendment: indicated that the list of liberties in the first 8 amendments is not exhaustive and therefore "shall not be construed to deny or disparage others retained by the people" - 10th and last amendment: preserves the states' rights. States that the powers not delegated to the national government by the constitution "nor prohibited by it to the states, are reserved to the states repressively, or to the people"
constitution
the fundamental principles of a government and the basic structures and procedures by which the government operates to fulfill those principles; may be written or unwritten.
Electoral College
the name given to the body of representatives elected by voters in each state to elect the president and the vice president
three-fifths compromise
the negotiated agreement by the delegates to the constitutional convention to count each place as three-fifths of a free man for the purpose of representation and taxes
Virginia Plan
the new governmental structure proposed by the Virginia delegation to the Constitutional Convention, which consisted of a bicameral legislature (Congress), and executive elected by the legislature, and a separate national judiciary; state representation in Congress would be proportional, based on state population; the people would elect members to the lower house, and members of the lower house would elect the members of the upper house
New Jersey Plan
the proposal presented in response to the Virginia Plan by the less populous states at the Constitutional Convention, which called for a unicameral national legislature in which all states would have an equal voice (equal representation), an executive office composed of several people elected by Congress, and a Supreme Court wise members would be appointed by the executive office.
natural rights
the rights possessed by all humans as a gift from nature, or God, including the rights to life, liberty, and the pursuit of happiness ( also called unalienable rights) - Jefferson's Declaration of Independence drew from the work of John Locke, and Jean-Jacques Rousseau
supremacy clause
u.s constitution as well as treaties created in accordance with u.s. constitution, supersedes state and local laws federal laws supercedes state
eminent domain
when government takes private property for public use i.e. building retails/highway
Separation of Powers with Checks and Balances
•Executive (president) Powers: -Making foreign treaties -Enforcement of federal laws and court orders - Service as commander in chief -- Executive Check on Judiciary: -Appointment of judges -Power to pardon --Executive checks on Legislature: - Veto Power -Vice president as president of Senate -Calling of emergency sessions of both houses -Authority to force adjournment when both houses cannot agree on adjournment •Legislative Congress: -Passage of federal legislation -Establishment of federal courts lower than the Supreme Court --Legislative Checks on Executive: -Impeachment (House); trials for impeachment (Senate) -Overriding of vetoes -Approval of appointments, treaties, and ambassadors (Senate) --Legislative checks on Judiciary: -Approval of federal judges (Senate) -Impeachment of federal judges (House) and impeachment trials (Senate) -Initiation of constitutional amendments -Creation of inferior courts -Determination of jurisdiction of federal courts •Judicial Powers: -Interpretation of U.S. Constitution and federal laws -Trying of federal lawsuits --Judicial checks on Legislature: -Judicial review of statues --Judicial checks on Executive: -Judicial review of executive orders administrative regulations, and the implementation of laws