Chapter 1, 3, & 4 Review
Parliamentary Government
the executive branch is made up of the prime minister or premier, and that official's cabinet
Bill of Rights
the first ten amendments to the Constitution.
Government
the institution through which a society makes and enforces its public policies
Extradition
the legal process by which a fugitive from justice in one State is returned to that State.
Judicial Review
the power of a court to determine the constitutionality of a governmental action.
Executive Power
the power to execute, enforce, and administer laws
Judicial Power
the power to interpret laws, determine their meaning, and to settle disputes that arise within the society
Legislative Power
the power to make laws and to frame public policies
Federal Government
the powers of government are divided between a central government and several local governments
What is the elastic clause?
A statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
Which system (presidential or parliamentary) seems to give the most power to the legislative branch?
Parliamentary
Inherent Powers
powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community.
Force Theory
small group forced all to submit to person and/or group's rule
Checks and Balance
system of overlapping the powers of the legislative, executive, and judicial branches to permit each branch to check the actions of the others.
Popular Sovereignty
a government that exists only with the consent of the governed.
Define federalism. How are powers divided among the States and the National Government?
-Federalism is a system of government in which a written constitution divides power between a central, or national, government and several regional governments like States. -Assign certain powers to the National Government, reserve certain powers for the State governments.
What are the six purposes of government established by the Constitution?
-Form a more perfect Union. -Establish Justice. -Insure Domestic Tranquility. -Provide for the Common Defense. -Promote the General Welfare. -Secure the Blessings of Liberty.
Rights and Duties of a Citizen
-Obey the law -pay taxes -defend the nation (18 year male, selective service-draft) -serve in court (juror, witness) -attend school
Explain how the following duties and responsibilities of citizenship contribute to the of all
-Paying taxes: obeying the law. -Voting: expressing you duty to your country. -Attending school: your educational responsibility. -Serving on a jury: civic responsibility that strengthens and supports the community.
What are the six basic principles upon which the Constitution is based?
1) Popular Sovereignty 2) Limited Government 3) Separation of Powers 4) Checks and Balances 5) Judicial Review 6) Federalism
What are the 4 methods of formal amendment? Which one has been used the most often?
1) Proposed by Congress by a 2/3 vote in both houses -> ratified by the State legislatures of ¾ of the States. 2) Proposed by Congress by a 2/3 vote in both houses -> ratified by conventions held in ¾ of the States. 3) Proposed at a national convention called by Congress when requested by 2/3 of the State legislatures -> ratified by the State legislatures of ¾ of the States. 4) Proposed at a national convention called by Congress when requested by 2/3 of the State legislatures -> ratified by conventions held in ¾ of the States. 5) Most common is the one proposed by Congress and ratified by State legislatures.
How are free enterprise and democracy related?
Both are dependent upon the people and their decisions
Full Faith and Credit Clause
Constitution's requirement that each State accept the public acts, records, and judicial proceedings of every other State.
Privileges and Immunities
Constitution's stipulation that all citizens are entitled to certain "privileges and immunities," regardless of their State of residence.
What are delegated powers and what are the 3 subdivisions of those delegated powers?
Delegated powers are those powers, expressed, implied, or inherent, granted to the National Government by the Constitution. i. Expressed ii. Implied iii. Inherent
What is the difference between citizen's duties and responsibilities?
Duties: revolve around his or her commitment to obey the law. Responsibilities: an abiding respect for each of the core beliefs on which democracy is based in this country.
What is majority rule?
In a democracy, the majority of the people will be right more often than they will be wrong, and will be right more often than will any one person or small group.
What is meant by "a government of laws and not of men?"
It means that the citizens are to be governed by the laws given and approved, not simply by a few people who deem it right.
What are the three basic powers exercised by government?
Legislative, Executive, Judicial
What four characteristics does every state possess?
Population, Territory, Sovereignty, Government
Why are certain powers left to the States rather than given to the National Government?
So that each individual State can create a system of laws that work for them, within the boundaries of the National Laws.
What criticism do people have of the most common formal amendment method?
Some criticize the practice of sending proposed amendments to the State Legislatures rather than to ratifying conventions.
Explain the fundamental ideas of democracy.
Supreme political authority rests with the people. The people hold the sovereign power, and government is conducted only by and with the consent of the people.
Which theory of the origins of government best accounts for the rise of democracies? Why?
The Social Contract Theory, because it was through the people forming contracts with each other, thus creating authority with the consent of the people.
How does the amendment process represent federalism?
The amendment process represents federalism, because the amendment must be approved by more than one branch of government before it is legalized. Each branch voting separately.
How is power distributed in a presidential government?
The chief executive (the President) holds office for a fixed term and has a number of significant powers, not subject to the direct control of the legislative branch. Powers are also separated between the executive and legislative branches of the government, being independent of each other and coequal.
How is power distributed in a parliamentary government?
The executive branch is made up of the prime minister or premier and that official's cabinet. They are also part of the legislative branch with the parliament. The prime minister is the leader, yet needs approval from the parliament. The executive is chosen by the legislature and is subject to its direct control.
Why were the framers so careful to limit the power of the federal government?
The framers were careful to limit the power of the federal government, because if they limited it too much then it wouldn't be able to govern (repeating the past), limit it too little and the citizens would complain.
How are minority rights protected in the United States?
The majority must always listen to the minority's argument, hear its objections, bear its criticisms, and welcome its suggestions.
What is cooperative federalism?
The power struggle between the National and State Governments
How is federal aid used to heighten federal government involvement in areas that are regarded as state matters?
When they give grants, there are usually strings attached. Since they are helping to pay the get a little more lead-way.
Categorical grant
one type of federal grants-in-aid; made for some specific, closely defined purpose.
State
a body of people, living in a defined territory, organized politically, and with the power to make and enforce law without the consent of any higher authority
Unitary Government
a centralized government; all powers held by the government belong to a single, central agency
Amendment
a change in, or addition to a constitution or law.
Supremacy Clause
a provision of the U.S. Constitution that states that the Constitution, federal law, and treaties of the United States are the "supreme Law of the Land".
Presidential Government
a separation of powers between the executive and the legislative branches of government
Federalism
a system of government in which a written constitution divides power between a central, or national, government and several regional governments like States.
How do states work together to preserve the union through Interstate compacts, Full Faith and Credit Clause, Extradition, Privileges and Immunities?
a. *Interstate compacts*: No State may enter into a treaty, alliance, or confederation. b. *Full Faith and Credit Clause*: the States recognize the laws, documents, and court proceedings of the other States. c. *Extradition*: the surrender of an accused or convicted person by one state or country to another. d. *Privileges and Immunities*: no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States.
What informal methods exist for changing the Constitution? Give specific examples of each.
a. Basic Legislation 1) Congress passes laws that add details and meanings to the Constitution 2) Congress passes statutes that define how it uses its powers b. Executive Action: The manner in which presidents have used their powers has contributed to the growth of the Constitution 1) War Powers 2) Executive Agreements 3) "executive power" in Section 1 of Article II a. Louisiana Purchase c. Court Decisions: The Supreme Court Interprets and applies the Constitution in many of the cases they hear 1) Ex: Judicial Review d. Party Practices: The nation's parties have been a major agent of change despite not being mentioned in the Constitution 1) Ex: Neither the Constitution or any law provides for nomination of candidates for the presidency yet each party holds a nominating convention e. Customs and Usage 1) George Washington made 2 term limits a custom 2) The creation of Political Parties is a custom
What checks exist between the different branches of government?
a. Checks on the Judicial Branch from both the Executive and Legislative. b. Checks on the Executive Branch from both the Legislative and Judicial. c. Checks on the Legislative Branch from both the Judicial and Executive.
What 3 obligations does the National Government owe to the States?
a. Protect the Republican Form of Government b. Protect against Invasion and Internal Disorder c. Respect for Territorial Integrity
What powers does the elastic clause give to Congress? Do you think the elastic clause is broad enough to cover some of the powers that Congress has assumed? Why or why not?
a. The powers it gives to congress is to change the government (laws) as needed with the growth of the government. b. Yes, because Congress is continuing to add the meaning of this clause, further broadening it.
Confederation
an alliance of independent states
Free Enterprise System
an economic system characterized by the private ownership of capital goods; investments made by the private decision, not by government directive; and success or failure determined by competition in the marketplace. Based on four fundamental factors: private ownership, individual initiative, profit, and competition.
Social Contract
argues that state arouse out of a voluntary act of free people.*State exists only to serve the will of the people* (democracy)
Limited Government
basic principle of American government, which states that government is restricted in what it may do, and each individual has rights that government cannot take away.
Separation of Powers
basic principle of American system of government that the executive, legislative, and judicial powers are divided among three independent and coequal branches of government.
Division of Powers
basic principle of federalism; the constitutional provisions by which governmental powers are divided on a geographic basis (in the U.S., between the National Government and the States)
Formal Amendment
change or addition that becomes part of the written language of the Constitution itself through one of four methods set forth in the Constitution.
Project grant
one type of federal grants-in-aid; made for specific projects to States, localities, and private agencies who apply for them.
Evolutionary Theory
developed naturally out of the evolution of the family
Interstate Compact
formal agreement entered into with the consent of Congress, between or among States, or between a State and a foreign state.
Ratification
formal approval or final consent to the effectiveness of a constitution, constitutional amendment, or treaty.
Divine Right
held that God created the state, and God had given those of royal birth "divine right" to rule
Majority Rule
in a democracy, the majority of the people will be right more often than they will be wrong, and will be right more often than will any one person or small group
Block grant
one type of federal grants-in-aid for some particular but broadly define area of public policy.
Expressed Powers
those delegated powers of the National Government that are spelled out, expressly, in the Constitution; also called the "enumerated powers"
Implied Powers
those delegated powers of the National Government that are suggested by the expressed powers set out in the Constitution; those "necessary and proper" to carry out the expressed powers.
Reserved Powers
those powers that the Constitution does not grant to the National Government and does not deny to the States.
Delegated Powers.
those powers, expressed, implied, or inherent, granted to the National Government by the Constitution
Sovereign
to have supreme and absolute power within its own territory and can decide its own foreign and domestic policies