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52 Cards in this Set
- Front
- Back
Federalism
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Government that divides power between national and local governments
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Enumerated powers
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Powers listed in Article 1 section 8 for Congress
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Supremacy Clause
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Clause found in article VI says that the laws of the national government stand above conflicting state laws
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Reserved Powers
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Powers found in 10th Amendment that are for states only
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Bill Of Atainder
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Passing laws that declare an act illegal without benefit of a trial, DENIED
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Ex Post Facto
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Government passing laws that punish behavior that was legal when done, but is now against the law. DENIED
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Establishment Clause
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Constitution guarantees that citizens of one state are treated equally in other states. For example citizens of Iowa can buy property in Wisconsin
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Necessary and Proper clause is also known as the ______
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elastic clause
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Full Faith and Credit Clause
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Found in Article IV ensures that judicial decrees and contracts made in one state are enforceable in others
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Interstate agreements
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Constitution allows states to form binding agreements such as a provision to share water if it is approved by Congress
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McCulloch v. Maryland
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Decided via necessary and proper clause that states could create a national bank but could not tax it
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Gibbons v. Ogden
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Court upheld broad congressional power over interstate commerce and gave a broad definition to interstate commerce
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Natural law
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Doctrine that society should be governed by certain ethical principles that are a part of nature and, as such, can be understood by reason
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Social Contract Theory
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belief that people are free and equal by natural right, and that this in turn requires that all people give their consent to be governed; espoused by John Locke and influential in the writing of the Decleration of Independance
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Republic
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A government rooted in the consent of the governed; a representative or indirect democracy
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Direct Democracy
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System of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule
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Adam Smith
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Wrote Wealth of Nations
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Mercantilism
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An economic theory designed to increase a nation's wealth through the development of commercial industry and a favorable balance of trade;
Export more than you import |
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Socialism
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Socialism is an economic and political theory advocating public or common ownership and cooperative management of the means of production and allocation of resources; big government
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Capitalism
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an economic and political system in which a country's trade and industry are controlled by private owners for profit, rather than by the state.
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Popular Consent
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idea that governments must draw their powers from the consent of the governed
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Libertarianism
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an extreme hands-off political philosophy advocating only minimal state intervention in the lives of citizens.
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Common Sense
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Written by Thomas Paine, arguing independence from Great Britain
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Confederacy
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Type of government where the national government derives its powers from the states; a league of independent states
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5 goals of the Articles of Confederation
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National government with a Congress
Each state can has complete independence to govern within its territories One vote in Congress for each state Vote of 9 states to pass measure (unanimous vote on any amedment) Congress members are selected and paid by state legislatures |
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Problems under articles of Confederation
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Congress rarely assembled
Congress couldn't tax Currency was worthless No executive branch No judicial system No Strong Central government Ex post facto and Bill of atainder were not denied |
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Decleration Of Independance
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Breakup letter with King George
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Montesquieu
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Proposed separation of powers
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Locke
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Social Contract
Believed in democracy Man need not be harmed in his "Life, liberty, health, property" If someone produces something via labor, it is theirs Optimistic view of man |
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Hobbes
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Believed that man was evil
Man's only interest is himself Surrendering some freedoms to an absolute sovereign |
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Rousseau
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Man is born free and self interested
state of nature = state of indifference Knowledge is to be experienced not taught In favor of communes Unnecessary rules deprive us of freedom and equality |
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Judicial Review
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Supreme Court can throw out on law they deem unconstitutional
Decided that judicial review was constitutional in Marbury v. Madison |
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Commerce Clause
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Congress has the enumerated power to regulate commerce. Definition of commerce varies
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Privileges and Immunities Clause
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Guarantees that citizens of each state are afforded the same rights as citizens of all other states
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Anti-Federalists
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Afraid that the government would get too powerful,opposed strong central government
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Formal ways to propose amendments (2)
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Proposed by 2/3 vote from members in both houses of Congress or 2/3 of statelegislature to call national convention
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How to ratify an amendment
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favorable vote in 3/4 of state legislatures or favorable vote ratifying conventions in 3/4 of states
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Informal Amendments
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Judicial Review
Cultural and Social Change (New Deal allowed for greater governmental power) |
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9th and 10th Amendments
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gives power to the states
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Denied Powers
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Ex post facto
Bill of Atainder |
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Cooperative Federalism
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Layer cake analogy; intertwined relationship between national, state, and local governments that began with New Deal
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Concurrent Powers
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Powers shared by national and state governments include:
Tax Borrow Money Establish Courts Make & enforce laws Spend money for the general welfare |
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Dual Federalism
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Separate and equally powerful levels of gov. is the best arrangements
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Unfunded Mandate
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An law that congress orders states to implement without funding
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Categorical grant
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Grants that give federal funds to states for a specific purpose
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Block Grant
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Broad grant with little strings attached; given to states for general categories of activity like secondary education or health services
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Intergovernmental Lobby
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One branch of government lobbying another for $$$
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Preemption
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Derived from Supremacy Clause,
Allows national government to override state actions in certain areas |
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Devolution
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giving states more power via block grants and less unfunded mandates
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Interstate Compact
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Contracts between states that carry the force of law
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Articles
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Legislative
Executive Judicial Relationship With States Amendments Supremacy Clause Ratification |
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Extradition
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Requires states to return criminals to states where they have been convicted or are to stand trial
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