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65 Cards in this Set

  • Front
  • Back
What is a constitution?
-restricts power of authority
-structures the institutions and rules of govt
-governs behavior of its citizens
-legal document
What is the difference between
1) monarchies,
2) aristocracies and
3) democracies?
1) rule by one
2) rule by few
3) rule by many
What type of system do we have in the U.S.?
mixed
-president/senate/representative "share" power
Which country has the oldest written constitution?
America
What are the two constitutional principles the founding fathers incorporated from England?
1) amendment 1 (freedom of speech)
2) amendment 2 (right to bear arms)
What did the Declaration of Independence establish?
basis of a republican government
What were the Articles of Confederation and what type of government did it establish?
est. congress of the confederation as the central governing body (first written laws)
What were the powers of the government under the Articles of Confederation?
-unicameral legislature (1 house)
-powers to enter into treates/alliances
-est. control armed forces
-declare war/make peace
-regulate coinage (borrow from ppl)
-settle disputes among states under certain circumstances
-create some govt. departments
What were some problems with the states?
-shays rebellions
-bickering among states
-states coining own money
What were some problems with the central government under the articles?
-weak central govt
-states rights prevail over central govt
-each state had own const (conflicted with central govts const)
-couldnt maintain peace and order
Why was Shay’s rebellion important?
revolt over heavy taxes
What is the virginia plan?
- bicameral legislature
- lower house chosen by ppl
- high house chosen by lower
- # of reps in legislature would be in proportions to states pop.
- favors larger states
2)
In the original constitution which branches of government (President, Senate, House of Representative)
were popularly elected?
house of reps
What powers were given to Congress to regulate commerce?
-north vs south compromise
-huge for nat'l govt
What was the 3/5 compromise?
slaves would be counted as 3/5 of a person (both taxes/rep. purposes)
What was specified about religion in the constitution?
Article VI section 3
- religious affiliation is not required for any political office
What was the debate between the Federalist and Anti-Federalist about?
-feds supported the adoption of the const (fed papers were written to defend const)
-anti's opposed strong central gov't and the new const (argued const. needed a bill of rights)
What are the Bill of Rights?
basic rights
How can we propose and ratified a constitutional amendment?
-2/3 vote
-congress calls a nat'l amendment convention @ request of 2/3 states legislates and an amendment is proposed @ convention
What is the difference between
1) Federal,
2) Unitary, and
3) Confederal governmental systems?
1) gov't powers divided between a central govt and regional or subdivisional govts
2) all powers vested in the natl govt and subnational units are creations of the national govt
3) nat'l govt exists and operates only at teh discretion of the subnational govts and local units hold all the power
what is the new jersey plan?
- favorable to small states
- each state would have 1 vote
- exec office > 1 would be elected by congress
- exec office would appoint a national supreme court
what was the connecticut or great compromise
- equal number of senators
- # of reps based on pop
- lower house (house or reps) = state pop
- upper house (senate) = 2 members from each state
-plan allowed for only one body to be elected by the ppl
-house -> ppl
-senate -> chosen by state leg.
-prez -> elected by electors in each state
-supreme court -> selected by prez w/ senate consent
What are some advantages and disadvantages of federalism?
Advantages
- dispersion of power
- keeps govt closer to ppl
- states/local officials to experiment w/ various policies

Disadvantages
- problems with coordination among levels of govt
- unitary system
- lack of uniformity of laws across states/localities
- regional sentencing differences
How do laws in an unitary and federalists system differ?
in a unitary system all laws among subunits are the same
What are Federal mandates? (Unfunded Federal Mandates?)
requirement in fed registration taht forces states and municipalties to comply w/ certain rules if they accept and used as an incentive
What is Devolution?
- granting greater power to the states (localities etc)
- influenced by Great Britains policies (each country didnt have own parliament)
- giving power back
What are Express powers?
admit new states, coin $. tax, spend, regulate commerce, est post office (article 1 section 8)
What is the necessary and proper clause?
implied power and national supremacy
What are reserve powers?
powers not delegated to natl govt are reserved to the states (police powers conduct elections, est state militia, define what constitutes as a marriage)
What are the powers prohibited to state government?
cannot enter into treates with other nations, coin own $, grant titles of nobility
What are concurrent powers?
can be exercised by both state govts and the fed govt, taxation, borrow $, charter banks/corps etc
What is the supremacy clause?
states cannot use their reserved or concurrent powers to counter national policies
What is the commerce clause?
main way feds control state behavior
Why was McCulloch v. Maryland (1819) important?
means that congress has the power to regulate trade among the states and with foreign countries
Why was Gibbons v. Ogden (1824) important?
means that congress has the power to regulate trade among the states adn with foreign countries
What is federalism like under President Bush?
began using categorical grants
What is nullification?
idea that states could render natl laws null if they disagreed with it
What is eroded dual federalism?
allowed for a national income tax
What is fiscal federalism?
power of the natl govt to influence state policies thru grants
What is the difference between
1) general revenue sharing,
2) block grants,
3) Categorical grants? (especially in
terms of liberal-conservative ideology)?
1) $ given to states from the fed govt to do what they wish (conservative)
2) # for general policy areas like education (conservative-compromise)
3) $ given to states for specific projects (liberal)
what is Dual federalism?
assumes that the states and fed govt are < or >= with each level of govt having separate and distinct functions and responsibilities
what is cooperative federalism?
natl/state govts should cooperate in solving problems
what is centralized federalism?
natl govt dominate
what is new federalism?
involves returning to thes tates certain powers that have been exercised by the natl govt
what is competitive federalism?
-state/local govt compete for business and citizens
- offer tax breaks for businesses
- citizens might want to live in a state w/ lower taxes
Why are the following three cases important and what did they entail?
1) the Gun-Free School Zones Act – United States v. Lopes (1995)
2) the Violence against Women Act--United States v. Morrison ( 2000)
3) the Brady Handgun Violence Prevention Act – the Printz v. US (1997)
1) supreme court has strengthened states rights
2) protects womens rights
3) overturned parts of the brady handgun violence prevention act
What is the difference between
1) civil liberties and
2) civil rights?
1) are limitations on govt action
2) specify what the govt must do to ensure equal protection under the law for all americans
What is the difference between
1) Writ of habeas corpus,
2) bills of attainder, and
3) post facto laws
1) requiring official to bring a prisoner into court and explain to a judge why the prisoner is being held
2) legislative acts that directly punish specifically named individual/group w/o a trial
3) laws punishing an individual for committing an act that was leal when it was committed but has since become a crime
What did Barron v. Baltimore (1833) do?
supreme court held that the bill of rights did not apply to the states
Why is the due process clause of the 14 amendment important?
it was to apply the bill of rights back to the states
What did Gitlow v. New York (1925) do?
gave back bill of rights back to states
What is the incorporation doctrine?
process of applying bill of rights to states
What are the 2 sides of the gun ownership debate?
-right to bear arms
-does this mean we have ind. right?
OR
-does it allow for stat run militias?
What is the Brady law? And how has it been weakened?
-weakened
-use to have a waiting period
-now only felony background checks
-the supreme court has refused to take up 2nd amendment challenges
What did United States v. Miller (1939) rule?
viewed an articulation of the right of state militias not individual right to bear arms
What did the Gun Control Act of 1968
est. categories of prohibited gun purchasers and possessers included convicted felons, fugitives, minors, ind. w/ history of mental illness, anyone dishonorally discharged illegal aliens
What did D. C. v. Heller, (2008) rule?
held the 2nd amendment protects an individual right to possess a firearm for pirvate use
What is the difference between the
1) Establishment clause and the
2) Free exercise clause?
1) mandates that govt can neither promote/discriminate against religious beliefs
2) no type of religious practice can be prohibited or restricted by govt
What did Everson v. Board of Education (1947) rule?
affirmed importance of separation of church/state and set precent that not all forms of state/fed aid to church related schools are forbidden under constitution
What is prohibited by the free exercise clause?
no type of religious practice
Why is Oregon v. Smith (1990) important?
is peyote legal for religious service? nothing illegal defined by federal/state laws
-polygamy
What is the constitutional status of pray in schools?
no praying in schools
Issues surrounding the Evolution versus creationism (intelligent design) debate
darwinism(combined action of random mutation and natural selection)

intelligent design(too complex to be explained by natural process, design inherited in organisms can be accounted or by invoking a designer)
What did Dejonge v. Oregon establish?
extremest political party (communist) could not be prohibited from marching peacefully
What were Bush’s free speech zones?
designated areas away from spech so they could still state their opinion peacefully