AP Gov Midterm

What are the first three words of the preamble and what does this signify?

"We the People" The new U.S. Constitution signaled that sovereignty would be in the hands of the people with the first three words of its Preamble

Impeachment

"to accuse someone of misconduct" House has the power to impeach the President Senate serves as the jury to determine guilt or innocence of President regarding the charges Described in Articles I and II of the Constitution. Empowers Congress to remove the president, vice president, and "all civil officers'' including federal judges. Describes role of House majority to impeach (accuse of wrongdoing) and at least 2/3 of Senate to remove from office.

natural rights

(inalienable rights) to "life, liberty and the pursuit of happiness."

How did the Framers address slavery in terms of representation in the House of Representatives and calculating taxes?

3/5 compromise

What was the purpose of writing a new constitution?

A call was made to meet in Philadelphia in the summer of 1787 to consider recommendations to strengthen weaknesses of the Articles. The result of this convention was a

Federalist 10

A large republic is the best way to control factions, to delegate authority to elected representatives, and to disperse power between the states and national government Written explanation that factions were part of human nature and that a large republic would prevent 1 majority faction from becoming tyrannical since multiple smaller factions would have to form alliances in a larger area. The Federalist Papers were a series of 85 essays written to persuade the state legislatures to ratify our new constitution. Federalist 10 was a written explanation that a large republic was preferable to smaller direct democracies. It argued that factions were part of human nature and that a large republic would prevent 1 majority faction from becoming tyrannical since multiple smaller factions would have to form alliances in a larger area.

How do block and categorical grants work? How does the federal government use these grants as awards? Punishments?

Block grants from the federal government provide the most discretion of usage by state and local governments. Categorical grants from the federal government are allocated to specific programs and projects that give state and local governments little flexibility to decide how those categorical grants are spent

With the creation of the United States of America, the ideals of limited government, natural rights, popular sovereignty, republicanism and social contract were greatly influenced by whom?

Hobbes, Locke, and Montesquieu

Why is government action to make public policy internationally cumbersome?

In a federal system of separated powers, government action to make public policy is intentionally cumbersome because the Constitution creates a long, complicated, and competitive national policy making process. The national public policy making cycle follows a number of important steps. The implementation of public policies is then constantly evaluated, debated, and contested through the democratic process.

How were speed limits established in the 1970s-1990s? explain how the process changed what it is today

In the 1970s, the national government established a national speed limit of 55 mph in order to conserve fuel and prevent traffic fatalities. While this speed limit was increased to 65 MPH by the early 1990s, Congress got rid of the national speed limit in 1995 and devolved the power of setting speed limited to the states. Therefore the balance of power to set speed limits shifted to states based on the national government giving states this power.

John Locke

Second Treatise on Government (1690), He wrote about his theory of resolving the question of sovereignty within a political system. The "laws of nature" established certain ideals such as equality of all. He wrote that it was the role of government to protect these absolute rights. He also emphasized popular sovereignty with the consent of the majority as the legitimizing authority in building a social contract rooted in natural rights.

Federalists

Supported the new Constitution & a strong central government Supporters of a strong central government under the Constitution. Top Federalists included Alexander Hamilton, John Jay, and James Madison who wrote the Federalist papers advocating for the ratification of the Constitution. These Federalist papers explained how the new Constitution with its three separate branches would operate.

Elite democracy in the Constitution

The Electoral College selects the president because the framers didn't trust the people to directly elect the president Established a republic instead of democracy

In addition to national economic crises, the government is expected to respond with emergency aid to what? what agencies are involved in this?

respond with emergency aid to disasters like hurricanes and tornadoes. National agencies like the federal emergency management administration (FEMA) wishing the department of homeland security help citizens and their communities recover and rebuild after natural disasters. few debate the need of such programs in times of crisis.

fugitive slave clause

slaves who escaped to other states must be returned to their owners Article IV of the Constitution called for the return of "person held to service or labor" who escaped to a different state. Nullified by the 13th Amendment.

What did Madison strive to explain in Federalist 51?

stated most clearly the rationale for these principles of separation of powers and checks and balances between these powers:

Amendment Process

step 1: amendment proposed by 2/3 vote of both houses of congress OR a constitutional convention called by congress on petition of 2/3 out of 50 states. THEN amendment ratified by 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states THEN the new amendment! Remember - 2/3rds then 3/4th - The approval process gets harder and States have the last word - either in the state Legislature or Conventions Note that a National Convention has never been used to propose an amendment Article 5 of the U.S. Constitution creates the mechanism for formally changing the U.S. Constitution. The formal amendment process reflects federalism. Amendments are proposed by 2/3 of each chamber of Congress, or a national convention, and amendments are ratified by 3/4th of state legislatures, or state conventions.

What was the purpose of the Declaration of Independence? Why would it be considered a classic argument?

still serves as a manifesto of freedom to oppressed peoples around the world. Written with the specificity of a lawyer's brief, the _____clearly establishes the first principles of American government as limited government, natural rights, popular sovereignty, republicanism, and the social contract: "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, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to affect their safety and happiness."

When writing the Declaration of Independence, what did Jefferson mean when he spoke of "the consent of the governed"

that popular sovereignty should be an ideal of the American political system by writing that governments should derive powers "from the consent of the governed."

Natural Rights

the idea that all humans are born with rights, which include the right to life, liberty, and property Fundamental rights of all humans NOT rights received from a government Philosophical position that certain inalienable protections such as life, liberty, and property belong to all peoples. Rooted in the words of our Declaration of Independence, "we hold these truths to be self-evident that all men are created equal with certain inalienable rights...life, liberty and the pursuit of happiness." The 5th Amendment also protects the natural right to private property protections.

The ideal of popular sovereignty means that voters are in command of what?

in which the voters are in ultimate command of the government's distribution of powers through elections of congressional legislators and the president.

What does Government mean

is derived from a Latin word that means, "to manage." As societies grew more and more complex, governments were formed to help manage group norms established in the form of laws and public policies.

List all of the exclusive powers granted to the national government

negotiate treaties with forge in leaders and deeply armed forces in other countries. The constitution gives the national government exclusive powers to create a post office, to coin money, and to establish official standards for weights and measurements

Anti-Federalists

opposed the new Constitution & believed in States' Rights Feared: National government would restrict personal liberty National government would take over state powers Congress would tax heavily The Supreme Court would overrule state courts The President would head a large, standing army Goals: Have a Bill of Rights added More restrictions on governmental power Eliminate Congress' ability to tax Opponents of a strong central government under the Constitution. Top anti- Federalists wrote oppositional papers (such as Brutus) advocating for significant changes to the Constitution before ratification. Among their arguments, Anti- Federalists said the Constitution did not protect basic liberties as states had done through the Bill of Rights and that the single executive would have too much governing power without enough restraints.

Why did the framers build age system of checks and balances into the constitution?

They believed the best way to protect the people from ab abusive government was to prevent any one branch from acting with unilateral power and authority

What is the democratic theory of social contract?

This means that citizens give up some of their rights and power to live their lives as they might prefer, but they allow the government, that they select, to have the power to make laws that might restrict their individual freedoms.

Concurrect Powers

powers shared by the national and state governments Shared powers between the federal (national) and state governments. Examples of concurrent powers include the regulation of elections and taxing authority.

exclusive powers

powers that can be exercised by the national government alone Powers in the Constitution given exclusively to the federal (national) government. Examples include the power to coin money, declare war, and to regulate interstate commerce.

Access Point

A point in the policymaking process where ordinary citizens can influence government. Federalism necessitates numerous elected offices at different levels of government. Each provides a unique access point for citizens to make their policy positions and persuasions known. Access points increase political efficacy. Access points might help connect citizens to the policy making process but they also expose more opportunities for corruption. Examples include an environmental group that works to change policy with Congress, the EPA of the executive branch, and through state and county governments.

Factions

A political faction is a group of individuals that share a common political purpose but differs in some respect to the rest of the entity. A faction within a group or political party may include fragmented sub-factions, "parties within a party," which may be referred to as power blocs, or voting blocs. groups of political allies referenced in Madison's Federalist 10. Factions can be considered as being part of the majority or the minority. Contemporary examples of political factions include political parties and interest groups. Federalist 10: The Federalist Papers were a series of 85 essays written to persuade the state legislatures

Republicansm

A representative form of government Hybrid form of democratic rule where popular sovereignty empowers elites to govern. Instead of direct decision making by the masses, a republic allows the masses to elect qualified representatives to govern. This is the form of government idealized by American framers in a Constitution that established a representative democracy.

Referendum

A state (or local) legislature passes a measure, then it is placed on a ballot for citizen approval

Federalism

A system of shared power between units of government Federal Revenue Sharing Federalism is a method to prevent the tyranny of the national government. Federalism is guaranteed by the Reserved Powers Clause of the 10th Amendment granting states the powers not given to the federal (national) government in the Constitution. Federalism allows for the creation of different local levels of government by the states.

Briefly summarize how all three branched participate in the national public policy making process

All three branches have been created to participate in the national public policy making process. Congress, because of its legislative authority, is seen as the leader in drafting public policy and overseeing how the executive branch implements these policies. With the growth of the administrative state, executive branch agencies and departments have taken on an increased role in public policy making. The judicial branch can be involved in agenda setting, formulation, implementation, evaluation, and maintenance of national public policy making as it evaluates the constitutionality and legality of these policies.

Participatory democracy in the Constitution

Amendments that expanded suffrage (15th, 19th, 26th) Direct elections for House of Representatives

Social Contract

An agreement between the people and their government signifying their consent to be governed People create a government to protect rights of the people Enlightened idea that promoted popular sovereignty with the understanding that individuals give up some freedoms for the government to regulate, but that government must act at the behest of the people. The legitimacy of democratic governments are based on the consent of the governed.

How is a proposed amendment ratified?

An amendment may be proposed by a two-thirds vote of both Houses of Congress, or, if two-thirds of the States request one, by a convention called for that purpose. The amendment must then be ratified by three-fourths of the State legislatures, or three-fourths of conventions called in each State for ratification.

Federal Block Grants

Are given to state governments w/regulations that they be used for specific purposes, Block grants give the states more discretion in that they provide federal funds for general areas of use but allow the states to implement the specifics of the programs. less string attaches Federal (national) funding to states for broad policy enactment. States have discretion in how to use this federal block grant money but still under the direction of the national government. Republican states prefer block grants. Method used by the federal government starting in the 1980s to fund state programs implementing federal laws like the Clean Water Act.

Supremacy Clause

Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. Part of Article VI of the Constitution. Allows the federal (national) government to be supreme when in conflict with state law such as McCulloch v. Maryland (1819) when a state tried to tax the national bank. Article VI of the Constitution that gives the national govt supremacy over states if their laws conflict. Used as the basis of the SCOTUS ruling in McCulloch v. Maryland (1819).

If any public official is deemed to have abused his or her power, what is the process (according to Article I of the constitution) to address the corruption?

Article one of the u.s. constitution grants the house of representative with "the sole power of impeachment". The senate was given the sole power to try all impeachments. Charging and removing unfit government agents, according to the constitution found merit in case of treason, bribery, or other high crimes and misdemeanors

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government Article 1, Section 8, Clause 18. Gives flexibility for Congress to expand its enumerated powers such as the power to regulate commerce between states. This clause has limits, but has been used to significantly expand the powers of the federal (national) government.

slave trade clause

Congress could not interfere with the slave trade until 1808 Article I, Section 9 of the Constitution allowed for the importation of enslaved Black persons to legally continue for 20 years after the ratification of the Constitution.

What is the Supremacy clause?

Constitution contained the supremacy clause in article VI saying that the constitution and laws of the United States would be considered as the "supreme law of the land"

Describe how the federal and state governments enforce drug laws?

Controlled substances act gave the federal government tremendous power to criminalize the production, distribution, and use of illicit drugs based on the constitution's commerce clause that gave Congress (the national government) power to regulate interstate trade

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws due process clause Due Process Clause interpreted to make state protect most liberties in the Bill of Rights; Equal Protection Clause used in civil rights cases to protect some groups from discrimination.

Brutus No. 1

Emphasized the benefits of a small, decentralized republic Warned of loss of liberty that would result from a large, centralized government - Written explanation of skepticism that the U.S. Constitution's supremacy clause gave too much power to the central government under the US Constitution. - Criticism that the Constitution provided too few safeguards to prevent a "tyrannical aristocracy" and to protect individual liberties from a strong central government. - Large republic can't represent local concerns. - Strong central economic powers and federal courts can threaten states and individual liberties. Anti-Federalist essay written to alert citizens to the dangers of the proposed U.S. Constitution. It included skepticism that the U.S. Constitution's supremacy clause gave too much power to the central government under the US Constitution. It also criticized that the Constitution provided too few safeguards to prevent a "tyrannical aristocracy" and to protect individual liberties from a strong central government. Brutus 1 claimed that a large republic can't represent local concerns and that strong central economic powers and federal courts can threaten states and individual liberties.

participatory democracy

Emphasizes broad participation in politics and civil society Direct democracy, citizens participation, majority rule Weaknesses: May result in violation of minority rights example: contemporary examples March for Our Lives #MeToo Black Lives Matter Occupy Wall Street Tea Party This model of democracy emphasizes the importance of individual rights and obligations. All citizens in this model use their political power to influence the policy-making process. Government policy is the outcome of individual initiatives. Voting rights is but one example of this model. State referenda and ballot initiatives allowing voters to make governing policies is another example.

elite democracy

Emphasizes limited participation in politics and civil society Representative democracy Weakness: Government may be dominated by the wealthy, and those with high status in business, military, and politics Contemporary example: Electoral College, Congressional law-making This model of democracy emphasizes the importance of specialized, talented and highly respected members of a community to govern. Here only a select few actually use their political power to influence the policy-making process. Government policy is the outcome of a professional class of individuals. A republican form of government with restricted voting rights would be an example of this model. Policy making within iron triangles is also an example.

Pluralist democracy

Emphasizes the role of groups in policymaking Competition prevents any single group from dominating government Protects minority rights better than participatory democracy Weakness: A particularly strong group may have disproportionate influence Contemporary example: Political parties, interest groups This model of democracy emphasizes the importance of competing interest groups as the best means to empower a diverse citizenry. All citizens in this model can join various special interests to influence the policy-making process. Government policy is often the outcome of compromises between effective factions. Lobbying and campaign mobilization by different political groups would be examples of this model. Policy making within issue networks is also an example.

Articles of Confederation

Established a very weak federal government Established a unicameral Congress in which each state had 1 vote No executive or judicial branch Each state was sovereign • Congress could• Declare war & make treaties • Raise an army• Coin Money• Borrow money • Congress could NOT• Tax the states or people• Regulate interstate commerce • States could• Impose tariffs on other states • Create their own currencies• Refuse to recognize federal treaties First national government creating the United States as a firm league of friendship in which the original states acted more with state sovereignty with a weak national government unable to regulate commerce or to collect taxes from states to pay for a central military.

federal categorial grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions. Federal (national) funding to states for specific policy enactment. States have little discretion in how to use this federal categorical grant money for specific programs. Federal funding of the National School Lunch Funding Program is an example of a federal categorical grant.

1st Amendment

Free speech, petition, assembly; + press; Free Exercise Clause of religion; No government establishment of religion (Establishment Clause)

Pluralist democracy in the Constitution

Freedom of assembly allows for creation of interest groups & political parties

Limited Government

Governmental power is restricted by the Constitution In a social contract government, free peoples set boundaries on freedoms their government cannot take away. A central principle of the U.S. government is that government cannot tell free peoples where to live or where to work.

Thomas Hobbes

Leviathan. He found humans to be "nasty and brutish" in a "state of nature" where governments didn't exist to create social order. Therefore, He envisioned a society that balanced public consent and order through a social contract as well as a constitution to protect the rights and liberties of the "body politic."

Who is known as the "Father of the Constitution"?

James Madison

The words "slavery" and "slaves" did not appear in the original U.S Constitution. How did the Constitution protected slave states? For how long did the constitution allow the United States to be a part of age international slave trade?

James Madison enslaved people on his Virginia property and said at the convention that it would be "wrong to admit in the Constitution that there could be a property in men." But the original U.S. Constitution ultimately protected some states' allowance of the importation of enslaved Black persons for two decades. And other provisions of this Constitution offered implicit protections for states to maintain legalized enslavement of Black people and to legitimize systems of chattel slavery in those states. These were viewed as critical compromises to ensure the ratification of this Constitution.

Shay's Rebellion

Lack of centralized military power led to a slow response to put down the rebellion • Showed the weakness of the federal government under the Articles of Confederation • Caused more people to support a new Constitution & stronger central government This violent action in Massachusetts in 1786-1787 exposed the core weakness of the Articles of Confederation. The new national government was powerless to help pacify this dangerous clash between farmers and creditors. With no ability to raise revenue in order to support proper law enforcement a group of elites became persuaded that a new government charter was necessary. This rebellion sparked the Philadelphia Convention in 1787 that resulted in a new constitution with a more powerful central government.

federal revenue sharing

Money collected by the federal government (through taxes) that was given to state and local governments. Method used by the federal government in the 1970s to help fund state programs implementing federal policies such as the Clean Water Act. Gives states most discretion on spending federal monies for the enactment of federal laws.

Policies about race and discriminatory practices continue to debated. Whereas the courts were used to first advance national public policies that broke down discrimination in schools, Congress and President Johnson followed up with policy by passing the Civil Rights act of 1964

National public policy on race has been the cause of oppressive policies, grassroots activism, domestic terrorism, and even war. Policies about the best ways to address discriminatory practices against marginalized groups continue to be debated. The Supreme Court used their interpretation of the 14th Amendment's Equal Protection Clause to rule in favor of racially desegregating public schools in the case of Brown v. Board of Ed (1954). But national public policy on race has often relied upon commerce as the conduit of legitimate national government action. Whereas the courts were used first to advance national public policies that broke down discrimination in American public schools, Congress followed up with an even more sweeping policy by passing the Civil Rights Act of 1964.

Great Compromise (Connecticut Compromise)

Negotiated resolution for how large and small states should be represented in a bicameral Congress. As part of this process, the Grand Committee called for the House of Representatives to allow proportional representation that gives more populous states more representatives, the Senate would be two senators per state, The Grand Committee labeled this as the "Great Compromise" of the Convention.

In any circumstance under the us constitution is any one branch given the unilateral power to make public policy without the aid and support of the other branches.

No one branch is given the unilateral power to make public policy without the aid and support of the other branches.

3rd Amendment

No quartering of soldiers

Popular Sovereignty

People are the source of governmental power and authority Prior to the acceptance of this idea, many monarchs claimed that God was the source of their power and that they had a "Divine right to rule." People here have the power to shape governmental policies as seen in the Declaration's proclamation that government's power comes from the consent of the governed and the U.S. Constitution's first three words, "We the people."

Federalist 51

Perspective: The tyranny of the majority must be limited by government to protect the rights of the minority Claim: Limit the direct control of the majority Only allow for direct vote in the House of Representatives Claim: Separation of Powers is necessary If a factious majority takes control of one branch, the other branches could be insulated from the effect Claim: Checks and Balances are necessary Powers of Legislative Branch need to be tempered Powers of Executive Branch need to be strengthened Reasoning: This system will preserve liberty by ensuring justice Written explanation about how the Constitution was expected to create a system of separation of powers and checks and balances Madison's written explanation about how the Constitution was expected to create a system of separation of powers and checks and balances. "If men were angels there would be no need for government."

what is political legitimacy

Political legitimacy is the view of citizens that their government has the lawful authority to govern. regime to build citizens' belief in their government's right to rule them.

Separation of Powers

Power is shared among 3 branches to prevent 1 branch from having too much power Goal: Limit the effect of Majority Rule and protect the Minority Rights Proposed by Madison, Inspired by Montesquieu Constitutional principle that calls for the independence of the executive, legislative, and judicial functions of government. Described in Madison's Federalist 51.

Checks and Balances

Powers each branch has to check the power of another branch Constitutional principle that prevents one branch of government from acting unilaterally. Any act made by one branch can be scrutinized by another. For example: The Congress passes laws but those laws can be vetoed by the President. Described in Madison's Federalist 51.

What powers are guaranteed in the 10th amendment? List some examples:?

Reserved powers, as guaranteed in the Tenth Amendment, are held for state governments since these are powers not delegated to the national government. The Tenth Amendment reserves powers to the states by declaring: 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. Examples of reserved powers include the licensing of marriage and teachers and the establishment of ages for drinking alcohol and smoking. But the federal government can still intertwine in these state matters.

constitution

Preamble -We the People (example of popular sovereignty) and summary of the functions of the Constitution's central government including providing for common defense and to promote the general welfare. Article 1 -Describes the format of bicameral Congress with the House of Representatives and Senate. -Describes direct election of House Representatives and appointment of Senators by state governments. -Describes the legislative process in Congress. -Describes expressed powers of Congress as the national legislature including to declare war and regulate interstate trade (Commerce Clause) to regulate interstate trade and the implied powers of the Necessary and Proper Clause that gives flexibility for Congress to expand the commerce powers of the national government. -Prohibits Congress from passing bills of attainder (punishments without trials) and ex post facto laws (laws that punish actions that were legal at the time.) -Describes role of House majority to impeach and at least 2/3 of Senate to remove from office. - Section 9, Clause 1 allowed for the importation of enslaved people to legally continue for 20 years after the ratification of the Constitution. Article II -Describes the qualifications and the original Electoral College allowing elites from each state to select president. -Describes expressed (formal) powers of the President including Executive Powers Vesting Clause, Commander in Chief, power to enforce laws, and power to grant pardons. -Make treaties, appoint ambassadors, cabinet members and Supreme Court justices (and other federal judges) with "advice and consent" of the Senate. - Can be impeached for high crimes and misdemeanors. Article III -Creates a Supreme Court and lower federal courts. -Describes the appointment process that the president nominates and the Senate confirms federal and Supreme Court judges. -Does not list term limits or retirement ages for judges allowing for independence of the courts -Guarantees trial juries.

5th Amendment

Protection from self-incrimination, no double jeopardy, allows eminent domain for government seizure of public property with reimbursement

4th Amendment

Protection from unreasonable searches and seizures

Decleration of Independence

Provides the foundation for popular sovereignty, natural rights, and social contract in the U.S. Limited governments receive their power from the people Written explanation of causes for breaking away from Great Britain based on violations of our natural "inalienable rights" to life + liberty. States democratic ideals including: "all men are created equal" and social contract that the government gets its power from the "consent of the governed."

Federal Mandate

Requirements that direct state or local government to provide additional services in order to receive federal funds National (federal) government requirements that states carry out federal policies. Examples of federal mandates include the Clean Air Act (1970), Clean Water Act (1980), and the Americans with Disabilities Act (1990).

2nd Amendment

Right to bear arms

What event led to the failure of the Articles of confederation?

Shays rebellion

Baron de Montesquieu

Spirit of the Laws (1748) suggested a governmental form to fit many of these foundational commitments. He believed republicanism and representative democracy could only be protected when governments diluted their legitimate authority through the separation of powers. His clear delineation of legislative, executive. and judicial functions provided a prototype used in the U.S. Constitution.

How did the court rule in United States V Lopez? Can the federal government base a law prohibiting gun possession near schools on the commerce clause?

Supreme Court majority ruled this law went beyond what the Constitution's Commerce Clause could allow. The Lopez holding indicated that the Commerce Clause and the national government's powers did have limits that Congress had to respect and was held as a triumph for conservatives who still championed for federalism that rebalanced toward more states' rights and powers. US v. Lopez (1995) Background fact The US government tried to punish those who possessed a gun near any public school. SCOTUS Holding (Decision) Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, but states may pass these kinds of restrictions.

What does the 10th amendment's reserved powers clause do. List a few examples of regulations that are determined by state and local governments.

The 10th amendment's reserved powers clause reserves powers not discussed in the constitution for the states. Teacher, barber, and beauty care certifications of powers reserved to the states. age limits for marriage, driving, voting, drinking alcohol

What document was signed in 1620 to signify self-government and was a commitment to equal laws for the "general good" of the people?

The Mayflower Compact

reserved powers

powers that the Constitution does not give to the national government that are kept by the states Part of the 10th Amendment that guarantees federalism. Grants powers to states if those powers are not given to the federal (national) government in the Constitution. States' Reserved Powers allows states to define and punish criminal activities in different ways.

Commerce Clause

The clause in the Constitution (Article I, 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. Article 1, Section 8, Clause 3. The Constitution's enumerated power to regulate all interstate commerce has been used to expand the size and scope of the federal government. Congress uses this provision more than any other to justify its regulatory prerogative including the prohibition on Jim Crow racial segregation laws.

Name an example of checks and balances for each branch of government

The legislative branch can impeach or remove a president the house impeaches and the senate gild the impeachment trial with removal power. The executive branch through the present can veto acts of congress. The judicial branch through the federal courts and the Supreme Court practices judicial review

The framers of the U.S Constitution avoided concentrating power in one place, therefore they divided sovereignty between national, state, and local governments through a system if federalism. In the national government, the power is given to three branched of government. Name Each branch and the power of each.

The legislative writes laws. The executive branch was to enforced laws. the judicial branch was to interrupt and apply laws.

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. The U.S. government is ultimately rooted in a written establishing majority rule as well as protecting the rights of political minorities. Liberties are protected by the law of the Constitution and Bill of Rights.

With the devision of power across the three branches, more access points are available for stakeholders and citizens to attempt to shape policies. An increasing number of access points invites what?

The wider distribution of powers means there are more access points for stakeholders and citizens to attempt to shape governmental policies. Increasing access points to government is that this also invites more opportunities for corruption and illegal influence of governmental powers by elite

3/5's Compromise (1787)

When counting the population for representation in the House of Representatives, only 3 of every 5 slaves would be counted Part of what the Grand Committee labelled as the "Great Compromise" of the Convention, the 3/5ths Compromise said enslaved people would be counted as 3/5 a person for the purposes of apportioning more representation to states that had legalized slavery. This decision gave states that had legalized slavery increased voting power in the House and in the Electoral College.

Rule of Law

principle that the law applies to everyone, even those who govern The ideal that government act according to established laws, not arbitrary decisions that keep political officials in power. Government officials with power can still be held accountable by laws in a rule of law system.

what is the difference between a direct democracy and representative democracy?

________ empowered the people to rule without representatives, the Framers of the Constitution opted for a _______ democracy as a republican form of government.

Grand Committee

a committee at the Constitutional Convention that worked out the compromise on representation. Ten members from various states, resolved the deadlock between the Virginia and New Jersey Plans delegates at the 1787 Constitutional Convention assigned to resolve how large and small states should be represented in a bicameral Congress. As part of this process, the Grand Committee called for the House of Representatives to allow proportional representation that gives more populous states more representatives, the Senate would be comprised of two senators per state, and enslaved persons would be counted as 3/5 a person for the purposes of apportioning more representation to slave states. TheGrand Committee labeled this as the "Great Compromise" of the Convention.

How did Framers address the debates that were left unresolved?

a process to make amendments

what is the definition of republic

as a representative democracy in which voters elect representatives (legislators and a president) who are supposed to reflect the will of the people when making and shaping government's policies.

Why is limited government a hallmark of a democratic government?

because it cannot direct all components of human existence such as where we live, work, and worship.

Initiative

citizens propose a policy, it is placed on the ballot and citizens vote directly for or against the measure

How do we select a president

electoral college

List examples of concurrent powers

health care, environmental standards, and safe workplace conditions

Why did the founders create a system where representatives were directory elected by the people, senators were elected/appointed through state legislatures, and president was indirectly elected through the Electoral college?

they think that the direct and indirect election of qualified representatives by voters could insulate the government from the whims of the masses. The original Constitution only allowed for the direct election of the House of Representatives as Senators were indirectly elected through appointment by state governments. States were not required to hold direct elections for U.S. Senators until the 17th Amendment was ratified in 1913. The president was, and continues to be, indirectly elected through the Electoral College. It was hoped that republicanism could represent all of the people and not just majorities.

In Mcculloch V Maryland, the court ruled. that the constitution's supremacy clause meant that a state government could not tax an entity of the federal government. How did the court interpret the necessary and proper clause in this case?

this case's Supreme Court holding also indicated that the Constitution's Necessary and Proper Clause (Article I, Section 8) could be interpreted flexibly. This allowed Congress to create a national bank under its expressed power to regulate interstate commerce (Commerce Clause) even though the Constitution does not specifically prescribe Congress the power to create a national bank. Over time, the national government has taken on more and more authority and power. This is the story of the aggrandizement of the national government. And the court has often ruled that the combination of the Supremacy Clause, the Commerce Clause, and the Necessary and Proper Clause gives Congress the power to expand the national government's powers beyond those specifically expressed in the Constitution. The Commerce Clause has been used more than any other section of the Constitution to expand the power of the national government. Background fact: A state tried to tax the US national bank. SCOTUS Holding (Decision) Established supremacy of the U.S. Constitution and federal laws over state laws.

Why was American Constitutionalism established?

to delineate legitimate policy-making power with a recognition that a democratic government would need to protect individual liberties while also ensuring needed social order. The democratic ideals of the United States included popular sovereignty and a representative democracy as a republican form of government with an elected national legislature and president. Nevertheless, tension between governmental power a

What is the Magna Carta?

was issued in June 1215 and was the first document to put into writing the principle that the king and his government was not above the law. It sought to prevent the king from exploiting his power, and placed limits of royal authority by establishing law as a power in itself. A system based on the ideal of the rule of law is thought to have laws apply to all equally regardless of affluence, status, and personal characteristics.