Ap Gov Unit 1 And 2

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Constitutional Democracy

Back 1

A type of government characterized by limitations on government power spelled out in a constitution.

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Direct Democracy

Back 2

A government in which all or most citizens participate directly

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Representative Democracy

Back 3

A government in which leaders make decisions by winning a competitive struggle for a popular vote.

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4 conditions conducive to Constitutional Democracy

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1. Educational conditions:
2. Economic conditions
3. Social conditions
4. Ideological conditions

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5 basic principles of a democracy

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1. Fundamental worth
2. Equality of all persons
3. Majority rule minority rights
4. Necessity of compromise
5. Individual freedom

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Federalism

Back 6

the division of governmental powers between a central government and the states.

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Separation of Powers

Back 7

the division of governments powers into three separate branches: executive, legislative, and judicial.

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Checks and Balances

Back 8

a political system in which branches of government have some authority over the actions of the others.

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Popular Sovereignty

Back 9

the basic principle that government must be based on the consent of the governed and that the power to govern belongs to the people.

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Limited Government

Back 10

the basic principle that government is not all-powerful, and that it does only those things that citizens allow it to do.

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Articles of Confederation (2 Strengths and 2 weaknesses)

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Strengths:
1.- First written agreement and first constitution of USA
2.-Congress has the power to deal with foreign affairs and authority to declare war, and make peace, allaince and sign treaties.
Weaknesses:
1.-There was only one vote per state, regardless of its size
2.-No power to regulate commerce or trade between the states, each state could put taxes on trade between states

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Annapolis Convention

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The Convention held in September 1786 to consider problems of trade and navigation, attended by five states and important because it issued the call to Congress and the states for what became the Constitutional Convention.

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Shays Rebellion

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6 month rebellion in which more than 1,000 armed farmers attacked a federal arsenal to protest the foreclosure of farms in the western part of the state

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3 areas of compromise at Philadelphia Convention

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1.-Two houses of congress, one based on two members per state (the Senate) and one based on population (the House of Representatives), thus settling a dispute between heavily and lightly populated states on how the legislative branch should be composed.
2.-3/5 Compromise
3.-Electoral College for Executive

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Bicameralism

Back 15

two house legislature

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Virginia Plan

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plan in which state representation proportional to its population

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New Jersey Plan

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plan in which state representation would be represented equally

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Connecticut Compromise

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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 which each state would have two senators.

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3/5 Compromise

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slaves would count as three-fifths of a person when apportioning votes

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Slave Trade Compromise

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Congress could only tax imports, not exports
Forbidden to act on the slave trade for 20 years.

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Difference between an Antifederalist and a Federalist

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Federalist: Supporters of the U.S. Constitution

Anti-Federalist: Opponents of the American Constitution

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Federalist Papers

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essays written by Hamilton, Madison, and Jay which are the primary source for understanding the original intent of the Framers

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Theme of Federalist #51

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Separation of powers/foundation of Constitution

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Theme of Federalist #10

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Madison argues for the adoption of the constitution; argues that a strong central government can guard against the "factionalism" of smaller republics, a broad, strong national government that should remain non-partisan.

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Theme of Federalist #78

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The Judiciary
Focus: Composition and extent

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Divided Government

Back 26

One party controls the White House and another party controls one or both houses of Congress

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Direct Primary

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Election within the party to choose their favorite candidate for a particular office

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RRecall

Back 28

The power of the people at the state or local level to recall an elected official, or remove them from office and force a follow up election.

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Initiative

Back 29

Procedure whereby a certain number of voters may, by petition, propose a law or constitutional amendment and have it submitted to the voters.

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Referendum

Back 30

Procedure for submitting to popular vote measures passed by the legislature or proposed amendments to a state constitution

Front 31

Marbury v. Madison

Back 31

The case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution.
The decision established the Courts power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.

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Judicial Review

Back 32

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.

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Executive Review

Back 33

confidentiality in national defense actions

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Impoundment

Back 34

Refusal of the president to spend money Congress has appropriated

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Executive Order

Back 35

The president directs an agency to carry out policies/existing laws (informal power)

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Impeachment

Back 36

Bringing charges of wrongdoing against a govt official by the House of Representatives

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Difference between Informal and Formal Amendment

Back 37

Formal amendments are amendments that change the written word of the constitution while informal amendments are those that do not. These amendments are made by the congress.

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2 ways to propose and ratify amendments

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Proposed: by Congress (any house) or by a National Convention assembled at the request of 2/3s of the states legislatures.
Ratified: 2/3s of the state legislatures or by 2/3s of those National Conventions assembled at the request of the states.

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Natural law

Back 39

Gods or natures law that defines right from wrong and is higher than human law

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Devolution Revolution

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The effort to slow the growth of the federal government by returning many functions to the states.

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Dual Federalism

Back 41

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. Also called "layer cake federalism."

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Cooperative Federalism

Back 42

Cooperation among federal, state, &local govts; "marble cake" federalism

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Marble Cake Federalism (Morton Grodzins)

Back 43

the theory that all levels of government can work together to solve common problems. Also know as cooperative federalism.

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Competitive Federalism (Thomas Dye)

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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.

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Permissive Federalism

Back 45

State and local governments ask the national government before doing anything.

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"Our Federalism" (New Federalism)

Back 46

Says anything not stated in the constitution is a reserved power for the states.

Front 47

3 Advantages of Federalism and give examples

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1-It provides a barrier to the dominance of the majority. For example if the majority of those in power represented a conservative coalition.
2-Local Interests Reflected: National Government provides and regulates "national needs" which would be too difficult or expensive for any one state to handle alone such as national security, social security and welfare programs, national transportation and communications.
3-It ensures that government remains close to the people. The State governments argue that they are more in tune with the daily needs and aspirations of the people. This is especially relevant to small and isolated States, such as Hawaii.

Front 48

Express Powers

Back 48

Powers of the Constitution specifically grants to one of the branches of the national government.

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Implied Powers

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Powers inferred from the express powers that allow Congress to carry out its functions.

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Inherent Powers

Back 50

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.

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Supremacy Clause

Back 51

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.

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Commerce Clause

Back 52

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.

Front 53

Gibbon v. Ogden

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A landmark case in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity.

Front 54

U.S. v. Lopez

Back 54

Gun Free School Zones Act exceeded Congress authority to regulate interstate commerce. The law is a criminal statute that has nothing to do with "commerce" or any sort of economic activity.

Front 55

Gonzalez v. Raich

Back 55

The Court ruled that the Commerce Clause along with the Federal Controlled Substances Act could allow the federal government to preempt state laws legalizing the use of medical marijuana

Front 56

Federal Mandate

Back 56

A requirement imposed by the federal government as a condition for the receipt of federal funds.

Front 57

Concurrent Powers

Back 57

Powers that the Constitution gives to both the national and state governments, such as the power to levy taxes.

Front 58

Printz v. U.S.

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Held that Fed Govt could not regulate local law enforcement agencies to conduct background searches on potential gun buyers under the Necessary and Proper Clause

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Civil Rights Act of 1964

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federal law that made segregation illegal in most public places, increased penalties and sentences for those convicted of discrimination in employment, and withheld federal aid form schools that discriminated on the basis of race or gender

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Defense of Marriage Act (1996)

Back 60

defined marriage as between only a man and women; however many states and companies extended benefits to same sex partners and many states legalized same sex marriages

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Full Faith and Credit Clause

Back 61

Clause in the constitution requiring each state to recognize the civil judgements rendered by the courts of the other states and to accept their public records and acts as valid.

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Privileges and Immunities Clause

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no State can draw unreasonable distinctions between its own residents and those persons who happen to live in other States

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Extradition

Back 63

Legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

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Interstate Compacts

Back 64

An agreement among two or more state. The constitution requires that most such agreements be approved by Congress.

Front 65

McCulloch v. Maryland

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Implied powers of Congress and supremacy of Congressional acts

Front 66

Preemption (1 example)

Back 66

The right of a federal law or regulation to preclude enforcement of a state or local law or regulation. Examples of federal preemption include laws regulating hazardous substances, water quality, clean air standards and many civil rights acts, especially the Civil Rights Act of 1964 and the Voting Rights Act of 1965.

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Centralist

Back 67

People who favor national action over action at the state and local levels.

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Decentralist

Back 68

People who favor state or local action rather than national action.

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10th Amendment

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Powers Reserved to the States

Front 70

U.S. v. Morrison

Back 70

Commerce clause power does not support Congressional law "Violence Against Women Act" which federalizes the crime of battery against women, reduces scope of federalism.

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Categorical-formula Grants

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Federal grants for specific purposes define by law

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Project Grants

Back 72

Federal grants given for specific purposes and awarded on the basis of the merits of applications. A type of categorical grants available to states and localities.

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Block Grants

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Money given to states for general programs within a broad category

Front 74

Unfunded Mandates Reform Act

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Requires Congressional Budget Office to analyze impact of unfunded mandates on states, requires separate congressional vote on bills that impose unfunded mandates.

Front 75

Direct Orders

Back 75

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

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Cross Cutting Requirements

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Federal government says that states or cities must do everything they say to get funding. If only one requirement is not met, they dont get any money at all.

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Crossover Sanctions

Back 77

When money for one program is used as an incentive for another. Eg: Drinking age.

Front 78

Total and Partial Preemption

Back 78

rests on the national governments power under the supremacy and commerce clauses to preempt conflicting state and local activity; 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.

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No Child Left Behind

Back 79

Holds states, schools, and school districts more accountable for their standardized tests scores. The wanted outcome was better tests scores all around and overall a smarter and better population of young people that would positively contribute to a growing America.

Front 80

Teach for America

Back 80

is an American non-profit organization whose mission is to "eliminate educational inequity by enlisting high-achieving recent college graduates and professionals to teach" for at least two years in low-income communities throughout the United States.