AP review #1

Define cooperative federalism. When was this most prominent?

A system of government in which powers and policy assignments are shared between states and the national government. It is also known as marble cake federalism and was prominent during the New Deal of the 1930s.

What other current issues involve federalism?

Another current issue that involves federalism is gun control and gun laws because they differ on a state-to-state basis, but the federal government also makes certain restrictions on guns as well. An issue in the past has been marital rights of gays and lesbians, because each state had different laws, but in June of 2015 it became legalized on the federal level.

categorical grant

Federal grants given for specific purposes -Example: The origins of federal categorical grants can be traced to the Morrill Act of 1862, in which Congress authorized the distribution of public lands to state governments and instructed the states to use the proceeds from the sale of that land to support institutions of higher education (i.e., the "land grant" universities). -The states have no leeway on how to spend money, so the money must be used for the federal government's designed purpose. Congress favors this concept because they can control how money is spent and requires matching funds. States can turn them down, but over the federal government holds more power and they benefit the most.

Define enumerated powers. Where can they be found in the Constitution?

Powers of the federal government that are specifically addressed in the Constitution; for Congress, including the powers listed in Article I, Section 8, for example, to coin money and regulate its value and impose taxes.

Define implied powers.

Powers of the federal government that go beyond those enumerated in the Constitution, in accordance with the statement in the Constitution that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I.

mandate (unfunded mandate)

Terms set by the national government that states must meet whether or not they accept federal grants -Example: When Congress passed the Clean Air Act, Clean Water Act and a host of other environmental laws over 40 years ago, they intended for states to work equally with EPA as partners in carrying out environmental policy- and regulatory-making. -In this case, the federal government holds all the power because they are requiring the states to mandate something, and will sometimes not even offer them funding to do so. Therefore, it benefits the federal government and could slightly benefit the states if it is a funded mandate.

What did American government look like under the Articles of Confederation? Be specific!

Under the Articles of Confederation, which was the first governing document that attempted to establish a national government, the individual states maintained supreme power over a national government with restricted governing authority. In other words, the states held power over the limited national government.`

define equality

a concept expressing how certain people are of the same status in certain respects, including economic equality, social equality, political equality, civil equality, and moral equality

What type of government did the Anti-Federalists argue in Brutus No. 1 was best? Why?

The Anti-Federalists argued that America needed a weaker central government because they said that the federal government had immense power, which required people to sacrifice their liberties. Thus, they argued for a Bill of Rights which would be necessary in the document in order to protect the people from the government.

define natural rights

rights inherent in human beings, not dependent on governments, which include life, liberty, and property; this concept was central to English philosopher John Locke's theories about government and was widely accepted among America's Founders

define social contract

the agreement by which people define and limit their individual rights, thus creating an organized society or government

according to John Locke, what three rights must the government protect?

the government must protect the right to life, liberty, and property, according to John Locke.

define limited government

the idea that certain restrictions should be placed on the government to protect the natural rights of citizens

define republicanism

the philosophy of a limited government with elected representatives serving at the will of all people and the government is based on the consent of the governed

define popular sovereignty

the principle that the authority of the government is created and sustained by the consent of its people, through elected representatives

define separation of powers

a feature of the Constitution that requires each of the three branches of government - executive, legislative, and judicial - to be relatively independent of the others so that one cannot control the others; power is shared among these three institutions

define confederation/confederate system

a group of people, countries, organizations, et cetera that are joined together in some activity or effort; it is an organization consisting of a number of parties or groups united in an alliance or league

define elite democracy and give an example

a model of democracy in which a small number of people, usually those wealthy and well-educated, influence political decision making -example: the electoral college because it places a small group in charge of making major political decisions, even if those decisions contradict the popular will

define participatory democracy and give an example

a model of democracy in which citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions -example: seen today in local and state forms of government, such as in town hall meetings

define checks and balances

features of the Constitution that limit government's power by requiring each branch to obtain the consent of the others for its actions, limiting and balancing power among the branches

which type of democracy would Madison argue combats against factions (Federalist 10)?

in Federalist 10, James Madison argued that a strong representative would be able to control the effects of factions

which three rights are mentioned as unalienable in the Declaration of Independence?

the rights to life, liberty, and the pursuit of happiness are mentioned as unalienable in the Declaration of Independence

Necessary and proper clause

-Clause of the Constitution (Article I, Section 8, Clause 18) 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 for carrying out all powers vested by the Constitution in the national government. -This clause also clearly benefits the federal government because it grants Congress the power to create any laws that it feels are necessary. The fact that this clause does not give the states any piece of this power makes it clear that it was designed to give the federal government more power.

Supremacy clause

-The clause in Article VI of the Constitution that makes the Constitution, national law, and treaties supreme over state laws as long as the national government is acting within its constitutional limits -Once again, this clearly benefits the federal government because it gives them the absolute power by saying that all of their laws, treaties, etc. are to be regarded as supreme, or more important, than state laws, so this essentially gives them more power.

Commerce clause

-The clause of the Constitution (Article I, Section 8, Clause 3) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations -This gives the federal government more power because they interfere in any commerce that crosses state borders, which essentially constitutes most businesses. Therefore, this clause largely benefits the federal government.

14th Amendment

-The constitutional amendment adopted after the Civil War that declares "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without the due process of law; nor deny to any person within its jurisdiction the equal protection of the laws." -The federal government enhanced its power over states by passing the Fourteenth Amendment, which prevented the states from infringing on the rights of individuals. The federal government clearly benefited the most because they said that the states cannot create laws that interfere with their federal laws and that the states are responsible for equal protection of laws.

10th Amendment

-The constitutional amendment stating, "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." -This amendment is designed to give the states power by stating that powers not reserved to the federal government are to be granted to the states. As a result, it creates a semi-equivalent balance of power between state and national government, although the national government's power is explicitly outlined, the states do benefit from this amendment by being given the rights not outlined.

revenue sharing

Federal sharing of a fixed percentage of its revenue with the states -Example: state and local governments can use this money for a variety of purposes including highway improvements, police and fire protection, health services, library books, and constructing or renovating public buildings -This would benefit states because it was essentially free money, and they did not need to apply for a grant. For instance, the federal government would give states 2% of their annual revenue, which would benefit the states, but it was ended by Reagan.

What type of government did the Federalists argue in Federalist 10 was best? Why?

In Federalist 10, the Federalists argued for a strong central government, with an especially strong executive branch and they also did not want the Bill of Rights. This was because they believed it would be necessary if the states were going to band together to form a nation and thought it would be the best way to protect individual citizens' rights and freedoms.

What does Madison say about checks and balances in Federalist 51?

In Federalist 51, James Madison explains and defends the checks and balances system in the Constitution. Each branch of the government is framed so its power checks the power of the other two branches; additionally, each branch of government is dependent on the people, who are the source of legitimate authority.

According to Brutus, what could happen to individual rights as the scope of government grew?

Individual rights would not exist if the scope of the government grew because they would be overshadowed by the government and their rights would not be valued.

what does Madison say about separation of powers in Federalist 51?

Madison says that the separation of powers and the system of checks and balances are necessary to control the abuses of the government and prevent one part of the government from becoming too powerful

block grant

Money from the national government for programs in certain general areas that the states can use at their discretion within broad guidelines set by Congress or responsible federal agencies -Example: The CDBG program, administered by the Housing and Urban Development agency, is broadly defined as working to ensure decent affordable housing, to provide services to the most vulnerable in our communities, and to create jobs through the expansion and retention of businesses," according to the agency. It provided annual grants to 1,209 state and local government agencies in 2018. The grant amounts are awarded according to a formula based on a community's need, including its extent of poverty, overcrowding, and population growth. -States can control where exactly the money is spent, which is better for federalism and the balance of power because it ensures that states want to work for the federal government. Therefore, it benefits both the states and national government and power is divided.

Define concurrent powers. Give an example.

Powers that are held by both the federal and state governments. Examples include the power to tax, build roads, create lower courts, and establish bankruptcy laws.

Define reserved powers. Where can they be found in the Constitution?

Powers that are neither negated to the federal government nor denied to the states. They are guaranteed to the states in the Tenth Amendment, which reserves powers for the states: "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."

What incidents highlighted key weaknesses of the Articles of Confederation?

Shays Rebellion highlighted the key weakness of the Article of Confederation because the central government was unable to put down the rebellion due to the lack of a national militia and lack of leadership and control in the central government to stop it. Specifically, Shays Rebellion was an armed revolt that lasted for six months in January of 1787 when Daniel Shay led more than a thousand armed soldiers and seized an arsenal in Massachusetts in order to protest high taxes and the loss of their farms and property due to debt.

Summarize the facts of McCulloch v. Maryland 1819.

The Supreme Court ruled that Congress had implied powers under the Necessary and Proper Clause of Article I, Section 8 of the Constitution to create the Second Bank of the United States and that the state of Maryland lacked the power to tax the Bank.

Summarize the facts of United States v. Lopez 1995.

The U.S. Supreme Court on April 26, 1995, ruled (5-4) that the Gun-Free School Zones Act of 1990 was unconstitutional because the U.S. Congress, in enacting the legislation, had exceeded its authority under the commerce clause.

Summarize the impact on the balance of power between national and state government, based on the holding in McCulloch v. Maryland.

The decision in McCulloch v. Maryland enhanced federal power and gave the federal government ways to achieve the responsibilities that were given to it in the Constitution, so it shifted power away from the states and onto the national government.

Why did the founders establish a confederate system upon declaring independence?

The founders established a confederate system upon declaring independence because they wanted to create a government that would free them from being under the rule of England and would not be as controlling and centralized as England government's had been.

Define dual federalism. When was this most prominent?

The idea that having separate and equally powerful state and national governments is the best constitutional arrangement. In other words, it is a system of government where the state and national government remain supreme in their own spheres each responsible for some policies. The era of dual federalism was from the period 1789 to 1901.

which of these ideas of democracy are reflected in the Declaration of Independence? quotes to support?

The ideals of democracy known as popular sovereignty and social contract are reflected in the Declaration of Independence. An important quote to support these ideals are "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."

How does the legalization of marijuana showcase federalism (despite going against the Supremacy clause)?

The legalization of marijuana federalism showcases federalism because twenty-six states have passed statutes that legalize marijuana to some extent, while some have legalized it for recreational use and others have only legalized it for medical purposes. However, marijuana possession remains a crime on the federal books because technically federal law makes it illegal to sell, deliver, possess with the intent to sell or deliver or manufacture marijuana. Even though some states make it "legal," the federal government technically could override this because of the Supremacy Clause.

What constitutional clause gives Congress implied powers? Define that clause.

The necessary and proper clause is the constitutional clause that gives Congress implied powers. A statement in Article I of the Constitution giving Congress the implied power to expand the scope of its enumerated powers. Referred to as the elastic clause, the necessary and proper clause states that the Congress has the power "To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof."

What clause gives the President implied powers? Define that clause (hint: vesting clause)

The vesting clause, in Article II, Section I, Clause I of the Constitution gives the president constitutional authority to control most executive functions because it states that "The executive power shall be vested in a President of the United States."

How does public education showcase the complexity of federalism?

This shows the complexity of federalism because with education there is a separation of power between the state government and the national government. There are some things that the federal government can enforce on education and then there are other things that the states can enforce on education. State authorities have more control over education in the US education system than federal or local authorities. In fact, the Constitution does not provide for education under its clauses, but since education is so important; the government has ensured that education is available to all. Overall, power and lawmaking for schools is given to the states due to the 10th amendment, but the government can step in if any laws that the states make violate rights of individuals (general welfare clause and Necessary and proper clause).

define/describe how the Electoral College was a compromise at the Constitutional Convention

This system used to elect the president of the US provides a certain number of electoral votes equal to the number of representatives plus the number of senators. The electoral college, established by the Founding Fathers in the Constitution, was a compromise between the election of the President by a vote in Congress and election of the President by a popular vote of qualified citizens.

define/describe how the Three-Fifths Compromise was a compromise at the Constitutional Convention

This was a decision made during the Constitutional Convention to count each slave as three-fifths of a person in a state's population for the purposes of determining the number of members of the House of Representatives and the distribution of taxes. This was a compromise between the southern states who had slaves and the northern slaves who did not own slaves because it gave the southern states more seats in Congress and more electoral votes than if slaves had been ignored in the Constitution, but fewer than if slaves and citizens were counted as equals.

define federalism

a way of organizing a nation so that two or more levels of government have formal authority over the same land and people; it is a system of shared power between units of government.

define/describe how the Great Compromise was a compromise at the Constitutional Convention

This was an agreement by the framers that the House of Representatives would be the larger house of Congress and include members that were elected by citizens to serve two-year terms and that the Senate would be the smaller house of Congress and include members who were appointed by state legislatures for six-year terms. This was an agreement between big states and small states and between the VA plan and NJ plan, because one house of Congress, the Senate provides equal representation to every state, no matter the size of it, which was what the small states wanted and the other house of Congress, the House of Representatives provides representation to states based on their populations.

define/describe how the right to vote was a compromise at the Constitutional Convention

This was not solved at the Constitutional Convention. The passing of the 15th Amendment guaranteed that the right to vote shall not be denied on account of race and the passing of the 19th Amendment guaranteed that the right to vote shall not be denied on account of sex. The Supreme Court has said it has been a fundamental right protected under the Equal Protection Clause.

define/describe how slavery was a compromise at the Constitutional Convention

This was not solved at the Constitutional Convention. This is the practice or system of owning people and using them to do free labor. The compromises, or rather changes to slavery were made in the 13th, 14th, and 15th amendments.

What were three weaknesses of the Articles of Confederation? Star the biggest weakness.

Three weaknesses under the Articles of Confederation were economic problems, leadership problems, and military problems. First off, Congress did not have the power to tax, as well as not having the power to regulate foreign or interstate commerce. Also, there was no executive branch to enforce acts passed by Congress, as well as no national court system or judicial branch. Lastly, the national government was unable to gather a combined military force even though almost every other state had its own militia.

Summarize the impact on the balance of power between national and state government, based on the holding in United States v. Lopez 1995.

US v. Lopez preserved the system of federalism, which delegates certain powers to states and certain powers to the federal government. It upheld the principle that states have control of local issues, like gun possession on school grounds.

define pluralist democracy and give an example

a model of democracy in which no one group dominates politics and organized groups compete with each other to influence policy -example: interest groups, or groups of people who attempt to influence policymakers to support their position on a particular common interest or concern