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54 Cards in this Set
- Front
- Back
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What were the Articles of Confederation?
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predecessor to the Constitution; informally followed until ratified in 1781, then cancelled in 1787
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What is federalism?
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The states and central government share governing responsibilities.
**However, states technically have less power. |
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What are some things the federal government couldn't do under the Articles of Confederation?
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•couldn't raise an army
•couldn't tax citizens •couldn't pay off war debt •had no national currency |
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What are some things the fed. government couldn't do under the Articles of Confederation? (PT. 2)
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•couldn't control interstate trade
•had no Supreme Court •no exec. branch •no interstate tax control |
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Why was the Supreme Court created?
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To arbitrate disputes between •Congress and President •individual states
•states and central gov. |
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What does the "necessary and proper" claus of the Constitution do?
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it allows Congress to make all laws that are necessary to implement its' delegated powers
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What is the "necessary and proper" clause also called?
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it is also called the "elastic clause" because Congress has implemented things not mentioned in the Constitution
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What is and when did judicial review come about?
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It came as a result of Marbury v. Madison and is the power to overturn laws passed by legislature that are deemed unconstitutional
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Define enumerated (expressed) powers
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These are powers that belong to the national government exclusively and are spelled out in the Constitution
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Examples of enumerated (expressed) powers
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The power to...
•tax •create a military •borrow money •declare war ... etc. |
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Define reserved powers
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Powers not directly given to the federal government are given to states by the 10th Amendment
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What is the significance of reserve powers?
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They lie at the foundation of a state's right to legislate for the public health and welfare of its citizens
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Define concurrent powers
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Authority possessed by both the state and federal gov'ts that may be exercised simultaneously as long as that power is not exclusively within the scope of national power or in conflict with national law
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What are some examples of concurrent powers?
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•collect taxes
•build roads •operate courts of law •borrow money |
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What does the constitution oblige the federal government to do?
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guarantee states a republican form of gov., protect against foreign invasion and domestic rebellion
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What obligation is contained in the full faith and credit clause?
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states must accept the court judgments, licenses, contracts, and other civil acts of other states
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What provision appears in the privileges and immunities clause?
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the states may not refuse police protection or court access to a U.S. citizen b/c he lives in a diff. state
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What does the supremacy clause require?
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it requires conflicts between federal law and state law to be resolved in favor of federal law
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Examples of denied powers?
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•making ex post facto or bills of attainder laws
•imposition of export taxes •impose on rights granted in the Bill of Rights |
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Examples of exclusive powers
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•entrance into treaties w/ foreign countries
•declarations of war •maintenance of a standing army •printing money |
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What do ideological conservatives define federalism as?
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a relationship in which the states retain most of the political power
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What do ideological liberals define federalism as?
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the federal government is supreme in all matters and ultimately in controls
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What fear did the separation of powers idea (borrowed from Montesquieu) come from?
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framers were concerned that no one faction of gov. should be able to acquire too much power
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What are the names of the three branches of government?
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legislative branch (Congress) -makes laws
executive branch (led by pres.) -enforces laws judicial branch -interprets laws |
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What is the system of checks and balances a constitutional safeguard against?
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it is a safeguard to ensure that no one branch of gov. becomes dominant -the branches must work together to accomplish anything of importance
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Examples of checks and balances
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•judicial review (J checks L)
•impeachment (L checks E) •Congress controls $ •Pres. appoints officials and does treaties WITH Senate approval |
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What is the start of the amendment process?
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a proposed amendment must be introduced to both houses of Congress and approved by a two-thirds majority in each
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How do the state legislatures take part in the amendment process?
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three-fourths of the state legislatures must ratify the amendment for it to become part of the Constitution
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What is a ratifying convention?
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rather than use state legislatures, a convention can be called with delegates expressly elected to vote on the proposed amendment- used once to ratify the 21st Amendment (end of Prohibition)
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What are first ten amendments called?
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the Bill of Rights
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What are some provisions of the Bill of Rights?
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right to a trial by impartial jury, protection against self-incrimination, right to a defense attorney (free if need be), right to an indictment (know what accusations have been made against them), protection against double jeopardy
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What are some other provisions of the Bill of Rights?
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protection against excessive bail (large sum of money to guarantee return to court- returned if person shows up on trial date), protection against excessive punishment or fines (deemed cruel and unusual), protectioni against unreasonable search and seizures (police must obtain a warrant in most cases to search a place)
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What is pluralism?
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theory that representative democracies are based on group interests that protect the individual's interests by representing him or her to the government.
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What is political culture?
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Commonly shared attitudes, beliefs, and core values about how the gov't should operate
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What is popular sovereignty?
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The right of the majority to govern themselves
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What is political culture?
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Commonly shared attitudes, beliefs, and core values about how the gov't should operate
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What is popular sovereignty?
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The right of the majority to govern themselves
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What is a referendum?
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When the people directly vote on an issue
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What is political culture?
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Commonly shared attitudes, beliefs, and core values about how the gov't should operate
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What is popular sovereignty?
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The right of the majority to govern themselves
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What is a referendum?
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When the people directly vote on an issue
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What is initiative in terms on democracy?
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When the people kick start a policy and legislature votes on it
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Popular sovereignty?
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Power of the gov't is given by the people
*this continues today trough voting |
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What is rule of law?
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This says the gov't must abide by the same laws as the people
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What is political culture?
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Commonly shared attitudes, beliefs, and core values about how the gov't should operate
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What is popular sovereignty?
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The right of the majority to govern themselves
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What is a referendum?
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When the people directly vote on an issue
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What is initiative in terms on democracy?
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When the people kick start a policy and legislature votes on it
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Popular sovereignty?
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Power of the gov't is given by the people
*this continues today trough voting |
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What is rule of law?
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This says the gov't must abide by the same laws as the people
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What are implied powers?
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Powers hinted at in the constitution and exercised through the elastic clause
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Examples of implied powers?
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•draft troops
•Air Force •bailout •affordable care act |
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Define inherent powers
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Powers that exist because the US is a sovereign nation
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Examples of inherent powers
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Acquire new land, defense, immigration, and diplomacy
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