US Government Test Chapter 2,3,4
What conditions prompted the American colonists to declare independence from Britain?
The British government decided to make the American colonies pay a large share of the war debt from the French and Indian War. Through the Sugar Act, Stamp Act, and other taxes, the British tried to collect taxes that the American people considered harsh. Americans felt they deserved all the rights of Englishmen. The British, on the other hand, felt that the colonies were created to be used in the way that best suited the crown and parliament. This conflict is embodied in one of the rallying cries of the American Revolution: No Taxation Without Representation.
public policy
a plan of action adopted by government decision makers to solve a problem or reach a goal
nationalist position
a position that favors national action in dealing with problems
state's rights position
a position that favors state and local action in dealing with problems
probable cause
a reasonable basis to believe a person or premises is linked to a crime
limited government
a system in which the power of the government is limited, not absolute
representative government
a system of government in which people elect delegates to make laws and conduct government
tariff
a tax placed on imports to increase their price in the domestic market
bicameral
a two-chamber legislature
interstate compact
a written agreement between two or more states
How do states cooperate and resolve conflicts with one another?
They may enter into an interstate compact which is a written agreement approved by congress.
What is the structure of the national government?
(1)The legislative branch (Congress) makes the laws, (2) the executive branch (the president and administrative departments and agencies) carries out and enforces the laws, and (3) the judicial branch (the federal courts) interprets the laws. The Founders gave different powers to each branch to create a limited government and a way for each to check the powers of the others & in order to ensure no one person or small group gained too much power, the structure of the national government was divided into three branches to balance the power.
Why does federalism increase opportunities for political participation?
Allows a citizen to choose to run for local office to lobby the state government or campaign for candidate for national office.
How have amendments changed the Constitution?
Amendments have changed the Constitution by making structural modifications to the government, extending government powers, and extending individual rights.
Under federalism, what powers are held by state governments?
Any powers not delegated to the national government, as long as they are not also prohibited to the states: Regulating and promoting business, protect, life and property, promoting education, wealth and welfare, protecting environment, and freedom to each state in setting its own laws, regular taxes criminal codes, and budget priorities.
What is the process for amending the Constitution?
Article V of the Constitution explains amendment process. 2 steps: 1) proposed at national level & 2) ratified in a state-by-state process. To propose amendment 2/3 vote in house & senate must take place or 2/3 states ask congress to call convention to debate & vote on amendment. To ratify, 3/4 states legislatures must ratify OR states hold conventions & 3/4 conventions approve.
What role has the Supreme Court played in settling disputes between the federal and state governments?
Conflicts come up between the federal and state governments because federalism divides the powers of government between the two. The Supreme Court plays a critical role in these disputes, sometimes giving more power to the federal government, and other times giving more power to state governments. In 1819, the Supreme Court ruled in the case of McCulloch v Maryland, concluding that the federal government is supreme when a conflict arises between the federal and state governments. Over time, the Court's views have shifted from this absolute decision.
How were democratic ideals incorporated into colonial government?
Democratic ideals were incorporated by written constitutions, such as the Mayflower Compact for residents of the Massachusetts Bay Colony. Colonists in Connecticut drew up America's first formal constitution, which came to be known as a charter. Colonial legislatures were adopted as well. Eventually, other colonies began to draw up their own charters and legislatures in order to incorporate democratic ideals.
How did American independence come about, and what were its effects?
Independence was not even a thought amongst the soon-to-be founders until only a few months prior to the signing of the Declaration when a little pamphlet called Common Sense hit the shelves. Several prominent figures, except John Adams, seized on the idea, especially because the poor and working classes were beginning to get behind it. In short, Thomas Pain led American colonists to declare independence in 1776.
How has our understanding of the Constitution changed over time?
Interpretation of the Constitution has changed in the more than 200 years since its inception. For example, modern presidents are way more aggressive in the process and requesting of legislation from Congress. This makes the role of the president in governmental affairs much larger than what the Founders had envisioned.
What does the national government guarantee to the state governments? What obligations do the state governments have to the national government?
National government guarantees every state democratic for of government and will protect each state from invasion an against domestic violence. National government also will respect territorial integrity of each state.
What events led to the dismantling of the Articles of Confederation and the call for a Constitutional Convention?
Shays's Rebellion frightened American leaders, who saw it as a sign that the government was vulnerable to anarchy. A few months after Shays's Rebellion, the delegates called for a convention in Philadelphia, where they decided to eliminate the Articles of Confederation and replace them with a new guiding document, the Constitution.
How does the federal government influence state and local governments?
Since the federal government has grown and extended its power, Congress has established two main ways it influences state and local government politics--federal grants and mandates. Federal grants are funds given to state or local governments for specific purposes. With federal aid comes federal control and red tape. Money is giving only to those states willing to obey certain federal conditions. Mandates are laws that increase federal power by requiring states to take on activities or provide services to meet national minimum standards.
How is public policy created at different levels of government?
States will often pass a law and then other states will follow when public policy is created at national leveled, states follows it. Example: 1964 Voting Rights Act
What rights are guaranteed in the Bill of Rights?
The Bill of Rights guarantees basic, unalienable rights. 1. Freedom of religion, speech, press, assembly, and petition. 2. Right to bear arms. 3. No quartering of soldiers. 4. Freedom of unreasonable searches and seizures. 5. Right to the due process of the law, freedom from self-incrimination and double jeopardy. 6. Right to a speedy and public trial. 7. Right of a trial by jury. 8. Freedom from excessive bail and cruel and unusual punishment. 9. All other rights are retained by the people. 10. Powers reserved to the states.
How did the Constitutional Convention reflect compromises between the states' competing interests?
The Connecticut Compromise satisfied both the smaller and larger states. It created a House of Representatives, which would be based on each state's population and favor the larger states, and a Senate with two members from each state, which would protect the smaller states. Delegates compromised on how to elect the president by settling on the Electoral College system, still in use today. The president's four-year term was also a compromise, due to those who feared a longer term may give the president too much power.
Why does the Constitution divide power between the national and state governments?
The Constitution divides power between national and state governments as a way to create one nation with independent states in order to protect citizens' rights and liberties from an all-powerful central government like past monarchies. Federalism was created as a new form of government where two or more governments have power over the same territory and people.
How is the judiciary structured and what are its powers?
The Constitution establishes the Supreme Court, whose members serve for life unless they comment a crime. Congress has the authority to establish the lesser courts. The federal court system deals with cases about the U.S. Constitution, foreign treaties, federal laws, international law, and bankruptcies. The dual-court system allows each court to have authority to hear certain kinds of cases in its jurisdiction, meaning the courts' limits or territory in which it has authority. Most of the judicial branch's power is from the court's ability to interpret the Constitution and overrule laws that are unconstitutional.
How do the three branches share, check, and balance power?
The Constitution tried to ensure that the three branches of government would need to cooperate to take action on important issues, but this division of power and checks and balances on each other can and does create conflict. Congress and the president work closely together. Usually, the president suggests legislative agendas and works with Congress to enact it. Congress assigns funds for government function, while the executive branch disburses, or spends, the money. This relationship is meant to make sure the president doesn't become too powerful. For example, the president has the power to make treaties with other countries, but the Senate must approve the treaties become they become law. Congress' power is limited, too. When Congress passes a law, the president either signs or vetoes it. Then, the Supreme Court has the power to interpret the law and overturn it if it is found to be constitutional. This system of checks and balances was put in place to control and limit the powers of government, while also requiring the three branches to share powers.
How does the Constitution divide power between national and state governments?
The constitution has delegated powers (expressed & implied) giving powers to national gov & reserved powers for states (any powers not national or prohibited by state).
How did supporters and opponents of the Constitution argue for and against its adoption?
The Federalists, composed of many of the Founders, supported the Constitution. They claimed that only a strong national government could protect the nation from enemies abroad and solve the country's internal problems. They also pointed out that eight states already had bills of rights. The dissenters, known as Anti-Federalists, had many problems with the Constitution. They feared a strong national government, they criticized the Constitution for having been drafted in secret, they claimed the document was extralegal (not sanctioned by law) because Congress authorized the Convention only to revise the Articles of Confederation and not to form a new government, and they argued that the Constitution took important powers from the states. The strongest argument, however, was that the Constitution contained no bill of rights.
How is the U.S. Congress structured and what are its powers?
The U.S. Congress is the legislative branch of the government and is divided into two houses: the House of Representatives and the Senate. Representation in the House is based on each state's population and is the voice of the people, directly elected by popular vote. The Senate has the same number of representatives from each state. At first, senators were chosen by state legislatures, but in 1913 the Seventeenth Amendment called for direct election by popular vote like for the House. Congress' powers are limited and expressed powers, meaning they are directly stated in the Consitution. The enumerated powers are a list of items, found in Article I, Section 8 of the Constitution, that sets Congress' authoritative capacity. These include economic powers such as levying taxes, borrowing money, coining money, punishing counterfeiting, and regulating commerce. Also included are issues of national defense like declaring war, raising and supporting armed forces, and organizing militias. Congress also has the power to establish courts and post offices, as well as, naturalize citizens. The elastic clause was set up so Congress could deal with any situation the Founders could not anticipate and allows Congress to stretch its powers.
What is the structure of the U.S. Constitution?
The articles of the Constitution are the seven main divisions of the Constitution that cover different topics on the structure of government. -Article I establishes the legislative branch to make laws. -Article II establishes the executive branch to carry out the laws passed by Congress. -Article III established the judicial branch with the Supreme Court heading it. -Article IV describes the relationships among the states and national government. -Article V describes the amendment process, or how the Constitution can be changed. -Article VI explains how the Constitution, federal laws, and treaties are the "supreme Law of the Land." -Article VII addresses the ratification of the Constitution. The amendments are the changes to the original Constitution, which has been amended 27 times since ratification. These changes deal with modifying rules or governmental structure, individual rights, and the extension of the right to vote.
What complaints did colonists list in the Declaration of Independence, and what freedoms did they want guaranteed?
The colonists complained about the violation of their political, civil, and economic liberties. The colonists wanted the freedoms of life, liberty, and the pursuit of happiness, basic human rights, to be guaranteed.
How did the Articles of Confederation reflect colonists' experiences with government?
The colonists were reluctant to give the new government too much power after their experiences under British rule.
How did the Constitutional Convention deal with slavery, one of the most divisive issues of the period?
The delegates did nothing on the subject of abolishing slavery. They instituted the Three-Fifths Compromise, which said that for purposes of taxes and representation, enslaved people were considered three-fifths of a person.The Northern states wanted the federal government to have complete control over trade with other nations, but the South feared that would interfere with the slave trade. They compromised by giving Congress the power to regulate both interstate commerce and commerce with foreign countries and Congress could not ban the slave trade until 1808.
What historical events, documents, and philosophers influenced American colonists' ideas about government?
The passing of the English Bill of Rights, the signing of the Magna Carta by King George III, and the philosophies of John Locke, Thomas Hobbes, and William Blackstone, all contributed significantly to the colonists' ideas about government.
How is the executive branch structured and what are its powers?
The president heads the executive branch, which is made up of several executive departments. The leaders of these departments report to and advise the president. Some of these departments include the Department of Justice, the Department of the Treasury, and the Department of Education. Several federal agencies, boards, government corporations, commissions, and advisory boards are part of the executive branch, including the EPA and NASA. Article II, Sections 2 and 3 of the Constitution grants the president with the power to give pardons, make treaties and appoint ambassadors, Supreme Court justices, and other government officials. The president also has the authority to fire executive branch officials, take emergency actions to save the nation, and make agreements with other nations.
What principles are reflected in the U.S. Constitution?
The principles of the U.S. Constitution reflect the Founders' strong beliefs on the purpose of government, the rights to govern, and their experiences with Britain, the American Revolution, and the Articles of Confederation. These principles are popular sovereignty and republicanism, limited government, federalism, separation of powers, checks and balances, and individual rights.
How has the work of the three branches of government changed over time?
The three branches of government are significantly different today than when our Founders structured them. Early presidents were not as actively involved as today's presidents. For example, George Washington had very little to do on some days and put advertisements in the newspapers for times he was available to entertain guests. He had very few advisors and staff. The executive branch also had far fewer departments and agencies. Today's presidents' schedules are highly detailed and nearly every minute is planned. There are hundreds of White House staff members, millions in the military, and vast numbers of federal bureaucratic employees. Members of Congress were part-time legislatures with many holding other jobs in the early days. The first Congress introduced only 24 bills in the Senate, and 143 in the House. In contrast, today's members of Congress live and work pretty much year-round in Washington, D.C. and introduce about 10,000 bills a year. In the first three years of the Supreme Court, almost no cases were heard. The Justices, with little to do, were assigned to travel to various district courts when the Court was not in session. In 1891, Congress established the modern federal court system.
What were the strengths and weaknesses of our nation's first government?
The weaknesses were that it was difficult to get laws passed, there was no national court system, and the country looked weak, as it had no standing army or power to regulate trade. The strengths were that it signed a peace treaty with Britain and passed important laws such as the Land Ordinance of 1785 and the Northwest Ordinance of 1787.
What are different political parties' views on the proper balance of power between national and state governments?
Two different views of political parties are states rights position and national position.
treaty
a formal agreement between the governments of two or more countries
mandate
a formal order given by a higher authority; an authorization to act given to a representative
enumerated powers
a list of items, found in Article I, Section 8 of the Constitution, that set forth the authoritative capacity of Congress
currency
a medium of exchange, a common example being paper money or coins
convention
a meeting held for the purpose of proposing and voting on amendments; a meeting where political party members who have been chosen as delegates from each state vote for the candidate supported by their state's voters
embargo
an agreement prohibiting trade
amendment
changes to the Constitution
elastic clause
clause in Article I, Section 8 of the Constitution that gives Congress the right to "make all laws necessary and proper" to carry out the powers expressed in the other clauses of Article I.
article
one of seven main divisions of the body of the Constitution
creditor
one to whom a debt is owed
expressed powers
powers directly stated in the Constitution
reserved powers
powers that belong strictly to the states
concurrent powers
powers that both the national government and the states have
delegated powers
powers the Constitution grants or delegates to the national government
implied powers
powers the government requires to carry out its expressed constitutional powers
unicameral
relative to a single-chamber legislature
human rights
rights regarded as belonging fundamentally to all persons
supremacy clause
statement in Article VI of the Constitution establishing that the Constitution, laws passed by Congress, and treaties of the United States "shall be the supreme Law of the Land"
federal grant
sums of money given to state or local governments for specific purposes
federalism
the federal principle or system of government.
jurisdiction
the limits or territory within which authority may be exercised
revenue
the money a government collects from taxes or other sources
eminent domain
the power of government to take private property for public use
judicial review
the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional
incorporation doctrine
the process by which the Bill of Rights was extended to the states and localities
impeach
to accuse a public official of misconduct in office
boycott
to refuse to have dealings with in order to express disapproval or to force acceptance of certain conditions
extradite
to return a fugitive who flees across state lines back to the original state
repeal
to revoke by legislative enactment
interstate commerce
trade among states