ap gov
block grants
Fixed amount of money given to states by the federal government for broader spending categories
structure of a pure democracy
Government becomes overwhelmed and unable to operate as country grows (small)
declaration of independence
Governments are created to provide and secure innate rights. Since the government gets its power from the governed, those under the rule have a right to alter or dismantle the government and create a new one to protect rights
U.S v Lopez ruling
Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.
federal preemption
The invalidation of a state law that conflicts with a federal law (Based on supremacy clause)
what was the main constitutional issue in United States v. Lopez?
The limits of Congress' ability to legislate with the commerce clause
enumerated powers
The powers explicitly given to Congress in the Constitution.
when federal and state law conflict, who wins
federal (constitution)
what do we lose/gain from the social contract
freedoms
madison's republic
government with representatives chosen to represent the rest of the citizens
marbury v madison established
judicial review
cons of confederate system
-Weak national government that can't respond to local crises -No authority to tax
cons of a federal system
-citizens are ignorant about their local governments -it can be confusing since there is no one policy on an issue
benefits of a federal system
-ensures separation among federal and state government -State governments can experiment with policies
benefits of unitary system
-every decision is made by a single governing body -single set of laws to follow so it's not confusing
cons of unitary system
-sometimes local needs or issues are overlooked -allows for an abuse of power
Which of the following scenarios would be considered an unconstitutional use of state power?
A state places a tax on textiles made in a foreign country.
federalism
A system in which power is divided between the national and state governments
Imagine that Congress has passed and the president has signed a law banning political speech in high schools. What principle would be the most likely to protect Americans from this law?
Checks and balances
necessary and proper clause (elastic)
Congress can create laws that allow them to carry out the enumerated powers.
commerce clause
Congress can make business transitions/ regulate commerce between states and other countries
benefits of confederate system
Cooperation between states to address common concerns -sovereignty of states
categorical grants
Federal grants that can be used only for specific purposes of state and local spending.
unitary system
Local and regional governments derive authority from national government
marbury v madison background
Marbury deserved the position and should be able to sue for it. But they realized that the law allowing Marbury to sue was unconstitutional because it gave the Supreme Court more power than the Constitution allowed
McCulloch v. Maryland ruling
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
federal system
National government and states derive authority from people
confederate system
National government derives authority from states
When the Anti-Federalist John Yates wrote Brutus No. 1, which of the following was his main goal?
Oppose the ratification of the U.S. Constitution.
what does madison say about government?
Passing them through the medium of a chosen body of citizens, whose wisdom may best discern the true interest of their country, and whose patriotism and love of justice will be least likely to sacrifice it to temporary or partial considerations
federal mandates
Policies or programs enacted by the federal government that make states do something.
reserved powers (10th amendment)
Powers not specifically granted to the federal government or denied to the states belong to the states and the people
structure of a republic
Representation grows as the country does (large)
federalist 51
Separation of powers & checks & balances protects against tyranny
interstate compacts
States are allowed to enter into pacts or agreements with other states on the condition that consent is given by Congress.
extradition
States have leeway to determine their criminal justice system, so it empowers states (federal has final say)
Based on its interpretation of the commerce clause, The Supreme Court has held what to be unconstitutional?
The 1990 Gun Free School Zones Act (U.S v. Lopez)
supremacy clause
The Federal government and the Constitution is supreme over everything. Federal trumps state
connection between social contract and DoI
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: Locke says that in nature we are born free and equal.
social contract
When people leave the state of nature to join society, members of a society cooperate for social benefits
federalist 10
argument to ratify the constitution, says republic is better because it protects against factions
articles of confederation failures
no authority to tax states, no language of enforcement, only had an legislative branch, had to be a unanimous decision to make amendments. gave states too much power
implied powers
powers granted to the federal government that aren't mentioned in the Constitution (because of N+P clause)
concurrent powers
powers shared by the national and state governments
exclusive powers
powers that can be exercised by the national government alone
McCulloch v. Maryland background
question about the coverage of the Necessary and Proper clause and how far those powers could be extended. The Supremacy Clause was also up for debate since McCulloch thought Maryland state law was overstepping its authority
brutus 1
response to federalist papers, says that the officials in the state government are closer to the people and are more likely to protect their rights.
Antifederalist view on government
small central gov, just want to protect natural rights
what is a pure democracy
small number of citizens who administer government in person
federalist view on government
strong central gov, very involved
