AP Gov Unit 1 Summative
McCulloch v. Maryland
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law
What is the 8th Amendment?
No cruel or unusual punishment, no excessive bail
What is the 20th Amendment?
No lame duck term. Moves the inauguration to January 20th.
Centralists
People who favor national action over action at the state and local levels.
Plurality
Candidate or party with the most votes cast in an election, not necessarily more than half.
Revenue Sharing
LBJ Administration "no strings attached" grants for any projects
What is the 3rd Amendment?
No quartering of soldiers
State's rights
Powers expressly or implicitly reserved to the states.
What is the 6th Amendment?
Right to a fair, speedy trial
What is the 5th Amendment?
Right to remain silent
What is the 7th Amendment?
Right to trial by jury
Formal amendment
A change in the actual wording of the Constitution. Proposed by Congress or national convention, and ratified by the states
What is the 11th Amendment?
A state can not be sued by a citizen of another state or country
What is the 23rd Amendment?
Allows Washington DC (District of Columbia) to have 3 electoral votes.
What was the Commerce Compromise?
Congress made a deal that the importation of slaves would be legal through 1807.
Executive order
Directive issued by a president or governor that has the force of law.
What is the 25th Amendment?
If President cannot complete his term, the V.P. becomes President
Fiscal federalism
Through different grant programs, slices up the marble cake into many different pieces, making it even more difficult to differentiate the functions of the levels of government.
Democratic consensus
Widespread agreement on fundamental principles of democratic governance and the values that undergird them.
Federal mandate
A requirement the federal government imposes as a condition for receiving federal funds.
Antitrust legislation
Federal laws (starting with the Sherman Act of 1890) that tried to prevent a monopoly from dominating an industry and restraining trade
Limited Government
Government is not all powerful; government only has the power given to it; derived from the doctrine of natural rights, it was adopted by Jefferson and restricts the power of government especially in the area of protecting the rights of the people.
Decentralists
People who favor state or local action rather than national action.
Concurrent powers
Powers that the Constitution gives to both the national and state governments, such as the power to levy taxes.
Express (Enumerated) powers
Powers the Constitution specifically grants to one of the branches of the national government.
Constitutionalism
The set of arrangements, including checks and balances, federalism, separation of powers, rule of law, due process, and a bill of rights, that requires our leaders to listen, think, bargain, and explain before they act or make laws. We then hold them politically and legally accountable for how they exercise their powers.
American Dream
The widespread belief that the United States is a land of opportunity and that individual initiative and hard work can bring economic success.
Elite Theory
few groups (wealthy) have the power
What is the 14th amendment?
ensured citizenship for African Americans (All people born or naturalized in the US are citizens)
Public Policy
exercise of government power in doing things necessary to maintain legitimate authority and control over society
Federalists
Supporters of ratification of the Constitution and of a strong central government.
What is the 13th Amendment?
abolished slavery
Federal System
division of power between national and state
Federalist 51
Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.
What is the 27th Amendment?
Congress cannot give itself a pay raise without an election first
Impeachment
Formal accusation by the lower house of legislature against a public official, the first step in removal from office.
What is the 19th Amendment?
Gave women the right to vote
Natural law
God's or nature's law that defines right from wrong and is higher than human law.
Majority rule...
Governance according to the expressed preferences of the majority.
What is the 4th Amendment?
No unreasonable search and seizure
Photo ops
Photo opportunities set up by the candidates. The media have been accused of simplifying complicated political issues by relying on photo ops to explain them to the public.
Implied powers...
Powers inferred from the express powers that allow Congress to carry out its functions - included under the Necessary and Proper Clause or Elastic Clause (stretch power). For example, the national government created the Air Force.
What is the 18th Amendment?
Prohibition of alcohol
Cooperative federalism/ Intergovernmental Relations
Stresses federalism as a system of intergovernmental relations in delivering governmental goods and services to the people and calls for cooperation among various levels of government.
Majority
The candidate or party that wins more than half the votes cast in an election.
Devolution revolution
The effort to slow the growth of the federal government by returning many functions to the states.
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
What is the 16th Amendment?
federal income tax
What is the 26th Amendment?
lowered the voting age to 18
Ratification
to pass or approve
Hyperpluralist Theory
too many groups fighting for direction and thus government lacks direction
Socialism
An economic and governmental system based on public ownership of the means of production and exchange.
Monopoly
Domination of an industry by a single company that fixes prices and discourages competition; also, the company that dominates the industry by these means.
Commerce and Slave Trade Compromise
During the Constitutional Convention, Congress agreed to not tax exports and to delay banning the slave trade for 20 years.
Creative Federalism
During the Great Society, the marble cake approach of intergovernmental relations.
Direct primary
Election in which voters choose party nominees.
How can Congress pass an amendment?
If the proposed amendment language is approved by a two-thirds vote of both houses. Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states).
Extradition
Legal process whereby an alleged criminal offender is surrendered by the officials of one states to officials of the state in which the crime is alleged to have been committed.
What is the 22nd Amendment?
Limits the president to two terms.
Social Contract
Locke idea - agreement between government and those governed. Government should support natural rights and people may change a government that fails to provide safeguards
Impoundment
Presidential refusal to allow an agency to spend funds that Congress authorized and appropriated.
What is the 2nd Amendment?
Right to bear arms
How did the Constitution remedy the problems brought by the Articles of Confederation?
The Constitution fixed the weaknesses by allowing the central government certain powers/rights. Constitution became the supreme law of the United States. Congress now has the right to levy taxes. Congress has the ability to regulate trade between states and other countries. Creation of a federal court system. Executive branch with power of checks and balance for legislature and judiciary. Amendments are easier by being ratified if 2/3 of congress and 3/4 of house pass it. Representation in house is based on population, while senate are equal to all other states
What is the 9th Amendment?
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Statism
The idea that the rights of the nation are supreme over the rights of the individuals who make up the nation.
Devolution...
Transferring responsibility for policies from the federal government to state and local governments.
Republic
a system based on consent of the governed; representatives of the public exercise power in government. Those in power are selected by the people and controlled through the law (Constitution).
What are the basic principles of government?
o Providing for a common defense o Establishing justice o Insuring domestic tranquility o Promoting the general welfare o Securing the blessings of liberty- individual freedoms
Democracy
system of government where the people rule
Single-Group Issues
groups so concerned with one particular issue that members cast their votes on the basis of that vote only
Reserved powers...
guaranteed by the 10th Amendment - powers not expressed for the federal government are reserved for the states
Pluralist Theory
interest group activity brings interest to all by competing and counterbalancing each other
Unfunded Mandates
requirements on state/ local governments by the federal government that come at state/ local government own expense.
Mandates
requirements that are imposed on state/ local government by the federal government. For example, Americans with Disabilities Act (1990) requires wheelchair access.
In The Federalist 10, which of the following did James Madison argue would best control the negative effects of factions? a) A law that prohibits factions b) A small direct democracy c) A large unitary government d) A large federal republic
A large federal republic
Checks and balances
Constitutional grant of powers that enables each of the three branches of government to check some acts of the others and therefore ensure that no branch can dominate.
Dual federalism (layer cake federalism)
Views the Constitution as giving a limited list of powers—primarily foreign policy and national defense—to the national government, leaving the rest to the sovereign states. Each level of government is dominant within its own sphere. The Supreme Court serves as the umpire between the national government and the states in disputes over which level of government has responsibility for a particular activity.
Competitive Federalism
Views the national government, 50 states, and thousands of local governments as competing with each other over ways to put together packages of services and taxes. Applies the analogy of the marketplace: we have some choice about which state and city we want to "use", just as we have choices about what kind of telephone service we use.
Traditional Democratic Theory
a theory about how a democratic government makes decisions. According to Robert Dahl, the cornerstones are equality voting, effective participation, enlightened understanding, final control over the agenda, and inclusion.
Unitary system
Constitutional arrangement that concentrates power in a central government. The central government may give out power to localized governments, but retains all authority.
What were the faults of the Articles of Confederation?
1. Congress could not regulate trade 2. No uniform system of currency 3. No power of taxation 4. No independent judiciary 5. No foreign affairs head
Anapolis Convention
1786, only five states showed up, discussed ways to improve commercial relations between the states and then just decided to meet again in Philadelphia to revise the Articles
How many articles are in the Constitution?
7
Liberalism
A belief that government can and should achieve justice and equality of opportunity.
Conservatism
A belief that limited government insures order competitive markets and personal opportunity.
Popular sovereignty
A belief that ultimate power resides in the people.
Informal amendment
A change in the meaning, but not the wording, of the Constitution, through congressional actions, presidential actions, court decisions, or traditional practice
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.
Unitary system of government..
A system of government where power is almost entirely centralized in a national government. Power is allowed to local governments only for the sake of convenience (such as garbage collection times or issuing parking tickets). Many countries (but not the U.S.) have this system of government.
Direct orders
A technique of Congress to establish federal regulations. Direct orders must be complied with under threat of criminal or civil sanction. An example is the Equal Employment Opportunity Act of 1972, barring job discrimination by state and local governments on the basis of race, color, religion, sex, and national origin.
Cross-cutting requirements
A technique of Congress to establish federal regulations. Federal grants may establish certain conditions that extend to all activities supported by federal funds, regardless of their source. The first and most famous of these is Title VI of the 1964 Civil Rights Act, which holds that in the use of federal funds, no person may be discriminated against on the basis of race, color, or national origin. More than 60 cross-cutting requirements concern such matters as the environment, historic preservation, contract wage rates, access to government information, the care of experimental animals, and the treatment of human subjects in research projects.
Crossover sanctions
A technique of Congress to establish federal regulations. These sanctions permit the use of federal money in one program to influence state and local policy in another. For example, a 1984 act reduced federal highway aid by up to 15 percent for any state that failed to adopt a minimum drinking age of 21.
Total and Partial Preemption
A technique of Congress to establish federal regulations. Total preemption rests on the national governments power under the supremacy and commerce clauses to preempt conflicting state and local activity. Building on this constitutional authority, federal law in certain areas entirely preempts state and local governments from the field. Sometimes federal law provides for partial preemption in establishing basic policies but requires states to administer them. Some programs give states an option not to participate, but if a state chooses not to do so, the national government steps in and runs the program. Even worse from the state's point of view is mandatory partial preemption, in which the national government requires states to act on peril of losing other funds but provides no funds to support state action.
Interstate compact
An agreement among two or more states. Congress must approve most such agreements.
Capitalism
An economic system characterized by private property, competitive markets, economic incentives, and limited government involvement in the production, distribution, and pricing of goods and services.
Federalist 10
An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.
Libertarianism
An ideology that cherishes individual liberty and insists on minimal government, promoting a free market economy, a noninterventionist foreign policy, and an absence of regulation in moral, economic, and social life.
Separation of powers
Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law.
National supremacy
Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the national government and those of a state or local government, the actions of the federal government will prevail.
Our federalism
Championed by Ronald Reagan, presumes that the power of the federal government is limited in favor of the broad powers reserved to the states.
Full Faith and Credit Clause
Clause in the Constitution (Article 4, Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public records and acts as valid.
Necessary and proper clause
Clause in the Constitution that states that "Congress should have the power to make all laws necessary and proper for carrying into execution the foregoing powers. . . ." This clause is also known as the elastic clause as is a major and significant power of Congress, granting Congress the ability to interpret its law making ability in a broad manner.
What was the Great Compromise/Connecticut Compromise?
Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.
What was the 3/5 compromise?
Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.
Marble cake federalism
Conceives of federalism as a marble cake in which all levels of government are involved in a variety of issues and programs, rather than a layer cake, or dual federalism, with fixed divisions between layers or levels of government. (cooperative federalism)
What was the Slave Trade Compromise?
Congress can control trade with two limitations. 1). Could not ban slaves for 20 years. 2). Northerners had to return fugitive slaves
Federalism...
Constitutional arrangement in which power is distributed between a central government and subdivisional governments, called states in the United States. The national and the subdivisional governments both exercise direct authority over individuals.
Confederation
Constitutional arrangement in which sovereign nations or states, by compact, create a central government but carefully limit its power and do not give it direct authority over individual
Social capital
Democratic and civic habits of discussion, compromise, and respect for differences, which grow out of participation in voluntary organizations.
What is the 17th Amendment?
Direct election of senators
Bill of Rights
First 10 Amendments to the Constitution ensuring fundamental freedoms from the government - took effect 1791
What is the 1st Amendment?
Freedom of Religion, Speech, Press, Assembly, and Petition
Divided government
Governance divided between the parties, especially when one holds the presidency and the other controls one or both houses of Congress.
Theocracy
Government by religious leaders, who claim divine guidance.
Permissive federalism
Implies that although federalism provides "a sharing of power and authority between the national and state governments, the state's share rests upon the permission and permissiveness of the national government."
Anti-Federalists
Opposed ratification of the Constitution without Bill of Rights. This group wanted strong state governments and feared strong Executive Branch
What is the 15th Amendment?
gave African American men the right to vote (all male citizens can vote)
Privleges and Immunities Clause
Privileges and Immunities Clause - states are prohibited from unreasonably discriminating against residents of other states. Non-residents may travel, buy and, hold property, and enter into contracts with residents of other states. ex.) Interstate travel, residency, buying/selling property. Some exceptions (voting or running for office and hunting and fishing licenses.)
Referendum
Procedure for submitting to popular vote measures passed by the legislature or proposed amendments to a state constitution.
Recall
Procedure for submitting to popular vote the removal of officials from office before the end of their term.
Initiative
Procedure whereby a certain number of voters may, by petition, propose a law or constitutional amendment and have it submitted to the voters.
What was the New Jersey Plan?
Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally.
Equal Rights Amendment (ERA)
Proposed amendment that failed. First introduced in 1921, the ERA stated "equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex." This amendment was sent to the states in 1972 for ratification and failed to received approval from 3/4 of the states.
Pros and Cons of Federalism
Pros: 1) state and local governments can create policies specific for their region 2) increased opportunities for citizen involvement in the political process 3) state and local governments serve as "laboratories of democracy," 4) states and communities compete to offer services at lower costs 5) state governments serve as training ground for future national leaders 6) citizens can "vote with their feet," 7) dispersal of political power. Cons: 1) states and local governments compete in "race to the bottom," 2) federalism does not bring people closer to the government 3) citizens suffer because of inequalities across states 4) policies in one state may undermine policies in another state 5) overlap of responsibilities among local, state, and national governments 6) state and local interests can block federal initiatives.
Shay's Rebellion
Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.
What is the 21st Amendment?
Repeal of Prohibition (18th Amendment)
What was the Virginia Plan?
Representation based on population
Public Goods
goods and services which individuals could not provide on their own (in most cases) and are shared by everyone and cannot be denied to anyone
Judicial Review
The power of a court to refuse to enforce a law or a government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution.
Executive privilege
The power to keep executive communications confidential, especially if they relate to national security.
What is the 10th Amendment?
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.
Commerce Clause
The clause in the Constitution (Article 1, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
What was the Constitutional Convention?
The convention in Philadelphia, May 25 to September 17, 1787, that debated and agreed upon the Constitution of the United States.
Inherent powers
The powers of the national government in foreign affairs that the Supreme Court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government. Said differently, powers for the national government because the government is sovereign.
Bicameralism
The principle of a two-house legislature.
Articles of Confederation
The first governing document of the confederated states drafted in 1777, ratified in 1781, and replaced by the present Constitution in 1789. The first form of government was filled with weaknesses corrected by the Constitution...for example, no Executive Branch was included.
Popular consent
The idea that a just government must derive its powers from the consent of the people it governs.
Preemption
The right of a federal law or a regulation to preclude enforcement of a state or local law or regulation.
Suffrage
The right to vote
Natural rights
The rights of all people to dignity and worth; also called human rights.
How did John Locke/Thomas Hobbes influence the American government?
They both were in favor of a social contract or constitution, which is where the people give the power to govern to their government.
Gibbons v. Ogden
This case involved New York trying to grant a monopoly on waterborne trade between New York and New Jersey. Judge Marshal, of the Supreme Court, sternly reminded the state of New York that the Constitution gives Congress alone the control of interstate commerce. Marshal's decision, in 1824, was a major blow on states' rights. Supreme Court ruling that defined "regulate commerce" to include all commercial activity. This decision, along with McCulloch v. Maryland which upheld implied powers, drastically expanded the power of the federal government.
While [opponents of the Constitution] admit that the government of the United States is destitute of energy, they contend against conferring upon it those powers which are requisite to supply that energy. They seem still to aim at things repugnant and irreconcilable; at an augmentation of federal authority, without a diminution of State authority; at sovereignty in the Union, and complete independence in the members. . . . This [requires that] a full display of the principal defects of the Confederation [is] necessary, in order to show that the evils we experience do not proceed from minute or partial imperfections, but from fundamental errors in the structure of the building, which cannot be amended otherwise than by an alteration in the first principles and main pillars of the fabric. . . . [T]he United States has an indefinite discretion to [plead for] for men and money; but they have no authority to raise either, by regulations extending to the individual citizens of America. The consequence of this is, that though in theory their resolutions concerning those objects are laws, constitutionally binding on the members of the Union, yet in practice they are mere recommendations which the States observe or disregard at their option. Alexander Hamilton, The Federalist 15 Which of the following excerpts from Article I of the United States Constitution resolves a problem described by the author? a) "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;" b) "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time." c) "The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States." d) "The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
a) "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;"
Which of the following is an accurate summary of James Madison's argument in The Federalist 10? a) A large republic presents more opportunities for groups to participate, compete, and limit each other. b) A large republic makes it possible to abolish factions and concentrate all power at the national level. c) A large republic allows the federal government to dominate the state governments through the necessary and proper clause. d) A large republic is a direct democracy where the people have a direct vote in policy matters, which controls factions.
a) A large republic presents more opportunities for groups to participate, compete, and limit each other.
The Declaration of Independence cites specific reasons for separating from British rule, including the British imposing taxes and maintaining a standing army without consent. Which of the following principles or ideas would these grievances be most related to? a) Natural rights such as life, liberty, and property b) The authority to create a centralized military among the colonies c) The incorporation of checks and balances among the branches of government d) Concurrent powers allowing the colonies to draft their own laws
a) Natural rights such as life, liberty, and property
The U.S. Supreme Court has ruled that the separation of powers is integral to the Constitution not to preserve the prerogatives of each branch of government but to divide governmental powers among the branches so as to keep power diffused—and thereby limited and protective of personal freedom. . . . Thus, even if one branch of government consented to ceding an essential power to another branch, such a giveaway would be unconstitutional. . . . Can the president legally use military force to attack a foreign land without a serious threat or legal obligation or a declaration of war from Congress? In a word: No. Here is the back story. . . . . . . [A] bipartisan group of senators offered legislation supported by the president that . . . would permit a president to strike whomever and wherever he pleases. The president would be restrained only by a vote of Congress—after hostilities have commenced. Such a statute would give the president far more powers than he has now, would directly violate Congress' war-making powers by ceding them away to the president, would defy the Supreme Court on the unconstitutionality of giving away core governmental functions, would commit the U.S. to foreign wars without congressional and thus popular support, and would invite dangerous mischief by any president wanting to attack any enemy—real or imagined, old or new—for foreign or domestic political purposes, whether American interests are at stake or not. Andrew Napolitano, "At War with the Separation of Powers," The Washington Times, 2018. Which of the following principles of government is most related to the author's argument in the passage? a) Separation of powers is necessary to our constitutional system to limit the power of the three branches and guarantee limited government. b) The president's power is constitutionally permitted to expand during times of crisis, which can lead to the use of force without permission from Congress. c) As the legislative branch, Congress is authorized to change the constitutional balance of power whenever it deems necessary. d) Separation of powers guarantees that each branch can focus on what it does best, but in some cases one branch may voluntarily cede power to another branch.
a) Separation of powers is necessary to our constitutional system to limit the power of the three branches and guarantee limited government.
What is the 24th Amendment?
abolished poll tax
Supremacy Clause
according to the Constitution, the national government is supreme. Article VI of the Constitution. Supremacy is granted to 1. the Constitution 2. laws of the national government and 3. treaties
Direct Democracy
all people directly participate in government
Consent of the Governed
all powers is derived from the permission of the people; in other words, the people give permission for government to exist (e.g., voting). This is best exemplified by the words "We the People" in the Constitution Preamble
At the Constitutional Convention of 1787, delegates from larger states argued that each state's representation in the legislature should be proportional to its population. Smaller states argued that each state should have equal representation, regardless of population. The disagreement over representation threatened to derail the ratification of the United States Constitution. Which statement accurately describes the compromise that led to both sides reaching agreement? a) A bicameral legislature with an upper house selected by the lower house and the lower house representation proportional to each state's population b) A bicameral legislature with an upper house representing each state equally and a lower house with representation proportional to each state's population c) A unicameral legislature with equal representation for every state d) A unicameral legislature with representation proportional to each state's population.
b) A bicameral legislature with an upper house representing each state equally and a lower house with representation proportional to each state's population
As a compromise, the framers agreed on a bicameral legislature, with the House of Representatives elected by popular vote within states and the Senate selected by state legislatures. The direct election method conforms most to which of the following democratic ideals? a) The social contract is an agreement between citizens and government. b) Government should be based on the consent of the governed. c) Policy makers should be the most well-informed elites in society. d) State power should be respected in a federal constitution.
b) Government should be based on the consent of the governed.
Which of the following cases expanded the powers of Congress by defining the necessary and proper clause more broadly? a) United States v. Lopez (1995) b) McCulloch v. Maryland (1819) c) Marbury v. Madison (1803) d) Brown v. Board of Education of Topeka (1954)
b) McCulloch v. Maryland (1819)
"In every free government, the people must give their assent to the laws by which they are governed. This is the true criterion between a free government and an arbitrary one. The former are ruled by the will of the whole, expressed in any manner they may agree upon; the latter by the will of one, or a few. If the people are to give their assent to the laws, by persons chosen and appointed by them, the manner of the choice and the number chosen, must be such, as to possess, be disposed, and consequently qualified to declare the sentiments of the people; for if they do not know, or are not disposed to speak the sentiments of the people, the people do not govern, but the sovereignty is in a few. Now, in a large extended country, it is impossible to have a representation, possessing the sentiments, and of integrity, to declare the minds of the people, without having it so numerous and unwieldy, as to be subject in great measure to the inconveniency of a democratic government...." Brutus 1 Which of the following statements would the author of the passage most likely agree with? a) Average citizens cannot be trusted to vote because of low levels of education. b) Nations with extended territory cannot fairly represent their citizens in a republican form of government. c) The federal government should have greater authority than state legislatures. d) A small federal legislature is the best way to represent the will of the people in a large country.
b) Nations with extended territory cannot fairly represent their citizens in a republican form of government.
"In every free government, the people must give their assent to the laws by which they are governed. This is the true criterion between a free government and an arbitrary one. The former are ruled by the will of the whole, expressed in any manner they may agree upon; the latter by the will of one, or a few. If the people are to give their assent to the laws, by persons chosen and appointed by them, the manner of the choice and the number chosen, must be such, as to possess, be disposed, and consequently qualified to declare the sentiments of the people; for if they do not know, or are not disposed to speak the sentiments of the people, the people do not govern, but the sovereignty is in a few. Now, in a large extended country, it is impossible to have a representation, possessing the sentiments, and of integrity, to declare the minds of the people, without having it so numerous and unwieldy, as to be subject in great measure to the inconveniency of a democratic government...." Brutus 1 In the passage, Brutus is most concerned with the conflict between which of the following political ideas? a) Civil rights and national security b) Participatory democracy and elite democracy c) Political parties and special interest groups d) Religious liberty and the separation of church and state
b) Participatory democracy and elite democracy
While [opponents of the Constitution] admit that the government of the United States is destitute of energy, they contend against conferring upon it those powers which are requisite to supply that energy. They seem still to aim at things repugnant and irreconcilable; at an augmentation of federal authority, without a diminution of State authority; at sovereignty in the Union, and complete independence in the members. . . . This [requires that] a full display of the principal defects of the Confederation [is] necessary, in order to show that the evils we experience do not proceed from minute or partial imperfections, but from fundamental errors in the structure of the building, which cannot be amended otherwise than by an alteration in the first principles and main pillars of the fabric. . . . [T]he United States has an indefinite discretion to [plead for] for men and money; but they have no authority to raise either, by regulations extending to the individual citizens of America. The consequence of this is, that though in theory their resolutions concerning those objects are laws, constitutionally binding on the members of the Union, yet in practice they are mere recommendations which the States observe or disregard at their option. Alexander Hamilton, The Federalist 15 Which of the following is a difference between the Articles of Confederation and the United States Constitution that is a response to a problem expressed in the passage? a) The Articles of Confederation lacked federal executive and judicial branches, whereas the United States Constitution did not. b) The Articles of Confederation allowed for the federal government to request revenues from states but did not permit it to tax citizens directly, whereas under the United States Constitution the federal government could tax citizens directly. c) Under the Articles of Confederation, members of the national legislature were paid by the state governments, whereas under the United States Constitution they were paid by the federal government. d) Under the Articles of Confederation, members of the national legislature were not able to regulate currency, whereas under the United States Constitution the federal government regulates currency.
b) The Articles of Confederation allowed for the federal government to request revenues from states but did not permit it to tax citizens directly, whereas under the United States Constitution the federal government could tax citizens directly.
While [opponents of the Constitution] admit that the government of the United States is destitute of energy, they contend against conferring upon it those powers which are requisite to supply that energy. They seem still to aim at things repugnant and irreconcilable; at an augmentation of federal authority, without a diminution of State authority; at sovereignty in the Union, and complete independence in the members. . . . This [requires that] a full display of the principal defects of the Confederation [is] necessary, in order to show that the evils we experience do not proceed from minute or partial imperfections, but from fundamental errors in the structure of the building, which cannot be amended otherwise than by an alteration in the first principles and main pillars of the fabric. . . . [T]he United States has an indefinite discretion to [plead for] for men and money; but they have no authority to raise either, by regulations extending to the individual citizens of America. The consequence of this is, that though in theory their resolutions concerning those objects are laws, constitutionally binding on the members of the Union, yet in practice they are mere recommendations which the States observe or disregard at their option. Alexander Hamilton, The Federalist 15 Which of the following experiences most likely influenced the perspective conveyed in the passage? a) The increased centralization of power in the national legislature under the Articles of Confederation b) The debt crisis of the 1780s which the national government was unable to address due to lack of authority c) The tension between states relying on commerce and those relying on agriculture d) Passage of the Stamp Act and other taxes during the revolutionary period
b) The debt crisis of the 1780s which the national government was unable to address due to lack of authority
Hyperpluralism
democracy is a system of many groups having so much strength that government is often pulled in numerous directions at the same time, causing gridlock and ineffectiveness
Which of the following best characterizes the general argument made in Brutus 1? a) A large republic would be preferable to a small one because more people could participate. b) A small republic would pose more danger to individual liberty than a large republic. c) A large republic is dangerous to personal liberty and undermines the states. d) A small republic is more susceptible to corruption than a large republic.
c) A large republic is dangerous to personal liberty and undermines the states.
The U.S. Supreme Court has ruled that the separation of powers is integral to the Constitution not to preserve the prerogatives of each branch of government but to divide governmental powers among the branches so as to keep power diffused—and thereby limited and protective of personal freedom. . . . Thus, even if one branch of government consented to ceding an essential power to another branch, such a giveaway would be unconstitutional. . . . Can the president legally use military force to attack a foreign land without a serious threat or legal obligation or a declaration of war from Congress? In a word: No. Here is the back story. . . . . . . [A] bipartisan group of senators offered legislation supported by the president that . . . would permit a president to strike whomever and wherever he pleases. The president would be restrained only by a vote of Congress—after hostilities have commenced. Such a statute would give the president far more powers than he has now, would directly violate Congress' war-making powers by ceding them away to the president, would defy the Supreme Court on the unconstitutionality of giving away core governmental functions, would commit the U.S. to foreign wars without congressional and thus popular support, and would invite dangerous mischief by any president wanting to attack any enemy—real or imagined, old or new—for foreign or domestic political purposes, whether American interests are at stake or not. Andrew Napolitano, "At War with the Separation of Powers," The Washington Times, 2018. Which of the following political processes would best solve the problem regarding the system of checks and balances, as articulated by the author in the passage? a) The president agrees to lift sanctions and signs a peace treaty with another country without waiting for the approval from Congress. b) Congress cuts the budget from the Armed Forces without getting presidential approval to prevent the president from sending troops abroad. c) The Supreme Court rules on a suit brought by an interest group that legislation permitting the president to launch military strikes without congressional approval is unconstitutional. d) The Supreme Court refuses to take a case on legislation that permits the president to launch military strikes without congressional approval.
c) The Supreme Court rules on a suit brought by an interest group that legislation permitting the president to launch military strikes without congressional approval is unconstitutional.
In order to appease both Federalists and Anti-Federalists, it was agreed at the Constitutional Convention that a group of delegates would be charged with selecting the president. This would ensure that a) the process would be controlled directly by the citizens b) the winner of the national popular vote would be the president c) the most capable individuals would decide which candidate would be president d) Congress would select the electors who would cast the official vote for president
c) the most capable individuals would decide which candidate would be president
Representative Democracy
citizens choose officials (representatives) who make decisions about public policy...used in most democratic nations
Government
composed of formal and informal institutions created to conduct public policy (exercise of government power to control society)
"In every free government, the people must give their assent to the laws by which they are governed. This is the true criterion between a free government and an arbitrary one. The former are ruled by the will of the whole, expressed in any manner they may agree upon; the latter by the will of one, or a few. If the people are to give their assent to the laws, by persons chosen and appointed by them, the manner of the choice and the number chosen, must be such, as to possess, be disposed, and consequently qualified to declare the sentiments of the people; for if they do not know, or are not disposed to speak the sentiments of the people, the people do not govern, but the sovereignty is in a few. Now, in a large extended country, it is impossible to have a representation, possessing the sentiments, and of integrity, to declare the minds of the people, without having it so numerous and unwieldy, as to be subject in great measure to the inconveniency of a democratic government...." Brutus 1 Which of the following excerpts from the passage best describes the author's reason for opposing an expansion of the scope of the federal government? a)"In every free government, the people must give their assent to the laws by which they are governed." b) "This is the true criterion between a free government and an arbitrary one. The former are ruled by the will of the whole, expressed in any manner they may agree upon; the latter by the will of one, or a few." c) "If the people are to give their assent to the laws, by persons chosen and appointed by them, the manner of the choice and the number chosen, must be such, as to possess, be disposed, and consequently qualified to declare the sentiments of the people..." d) "... [I]t is impossible to have a representation, possessing the sentiments, and of integrity, to declare the minds of the people, without having it so numerous and unwieldy, as to be subject in great measure to the inconveniency of a democratic government."
d) "... [I]t is impossible to have a representation, possessing the sentiments, and of integrity, to declare the minds of the people, without having it so numerous and unwieldy, as to be subject in great measure to the inconveniency of a democratic government."
Minority Rights
regardless of the majority will, there are certain rights which cannot be violated for the minority groups
The U.S. Supreme Court has ruled that the separation of powers is integral to the Constitution not to preserve the prerogatives of each branch of government but to divide governmental powers among the branches so as to keep power diffused—and thereby limited and protective of personal freedom. . . . Thus, even if one branch of government consented to ceding an essential power to another branch, such a giveaway would be unconstitutional. . . . Can the president legally use military force to attack a foreign land without a serious threat or legal obligation or a declaration of war from Congress? In a word: No. Here is the back story. . . . . . . [A] bipartisan group of senators offered legislation supported by the president that . . . would permit a president to strike whomever and wherever he pleases. The president would be restrained only by a vote of Congress—after hostilities have commenced. Such a statute would give the president far more powers than he has now, would directly violate Congress' war-making powers by ceding them away to the president, would defy the Supreme Court on the unconstitutionality of giving away core governmental functions, would commit the U.S. to foreign wars without congressional and thus popular support, and would invite dangerous mischief by any president wanting to attack any enemy—real or imagined, old or new—for foreign or domestic political purposes, whether American interests are at stake or not. Andrew Napolitano, "At War with the Separation of Powers," The Washington Times, 2018. Which of the following describes a possible method that can check the power of the president who willingly violates the constitutional balance of power as described in the passage? a) Congress can pass a law that removes the president from office. b) The Supreme Court can rule that the presidential election results are null and void based on the actions of the president. c) States can recall the president through a special election process. d) Congress can impeach and remove a president who is unable or unwilling to perform his or her official functions.
d) Congress can impeach and remove a president who is unable or unwilling to perform his or her official functions.
Which of the following statements accurately describes the majority opinion of the Supreme Court in United States v. Lopez (1995) ? a) The necessary and proper clause did not allow Congress to create the Bank of the United States. b) Congress may regulate commerce between the states. c) State governments can declare federal statutes unconstitutional if they conflict with state law. d) Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime.
d) Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime.
Article I, Section 9 of the United States Constitution lists several powers that are denied to the federal government, such as granting titles of nobility and passing ex post facto laws. This best demonstrates which of the following ideals of democracy? a) Natural rights b) Popular sovereignty c) Social contract theory d) Limited government
d) Limited government
In the 1950s Southern states attempted to prevent integration of their public schools. In return, the National Guard was sent to force states to implement federal regulations. This scenario illustrates which of the following about the relationship between the state and national governments? a) Most issues regarding education are settled at the state level. b) The Constitution gives state governments the exclusive power to interpret federal laws. c) The power of the national government to enforce state policy had been struck down by the Supreme Court. d) The debate over the role of the central government and state powers is ongoing.
d) The debate over the role of the central government and state powers is ongoing.
The Gun-Free School Zones Act made it illegal for individuals knowingly to carry a gun in a school zone. The Supreme Court determined this act to be an unconstitutional stretch of the commerce clause in a) McCulloch v. Maryland (1819) b) Citizens United v. Federal Election Commission (2010) c) New York Times Company v. United States (1971) d) United States v. Lopez (1995)
d) United States v. Lopez (1995)
What are the 7 articles of the Constitution?
o I- Legislative Branch o II- Executive Branch o III- Judicial Branch o IV- Intergovernmental relationships- FF&C, P&I o V- Amendment process o VI- Supremacy of the Constitution o VII- Ratification process
What was the basic principles of the US Constitution?
o Limited government o Popular sovereignty o Separation of powers o Checks and balances o Federalism
What are the basic principles of the Declaration of Independence?
o National sovereignty o all men created equal (equality of opportunity) o unalienable rights o government's purpose- securing rights o popular sovereignty
Factions
often called "interest groups" or "parties" these groups needed to check one another so that no one faction would have too much power.
Fiscal Policy
policy of using money to influence states through granting or withholding money to pay for programs (e.g., education or highways)
Expressed powers/Delegated Powers/Enumerated Powers...
powers given to the national government; listed in Article I Section 8 of the Constitution.
What is the 12th Amendment?
president and vice president must be voted on separately
Rule of law...
principle that the law applies to everyone, even those who govern
Constitution
provides the basic framework of government. It is the supreme law of the land.
Bureaucratic Theory
standardized procedures of modern governments; day to day workings of the government to hold power of public policy
Individualism
the idea that people should get ahead on their own
Federalist Papers
written by James Madison, Alexander Hamilton, and John Jay. 85 essays written to defend the new government under the Constitution and provide insight to Framers' intent. published anonymously
Declaration of Independence
written with three parts: theory of government based on social contract (natural rights), grievances against the King (George), and statement of separation from Great Britain