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83 Cards in this Set
- Front
- Back
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Federalism Constitutional References
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Article 1, section 8: enumerated powers of convress (including interstate trade) and 'necessary and proper clause'
Article VI: national supremacy (subordinates state laws that conflict with us constitution and congressional laws 10th Admendment reserves to the states and the people those powers not adressed in U.S. Constitution |
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Federalism Court Cases
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Marbury vs. Madison
McCullouch vs. Maryland |
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Marbury vs. Madison
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Judicial review, allowing courts to rule actions of legislative and executive brances unconstitutional
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McCulloch vs. Maryland
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reinforced the idea of national supremacy and application of necessary and proper clause
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Dual Federalism
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'layer cake' two levels of government each with seperate and distinct powers
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Cooperative Federalism
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'marble cake' wherein powers/duties are intermingled with both levels of government involved with setting policy and providing services
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States' rights
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idea that powers not specifically conferred to national government are left to states
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Implied powers
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powers granted by congress to aid them in carrying out their enumerated powers
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Enumerated powers
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17 explicit powers of congress listed in article 1 of constitution
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nullification
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declaration by sate that action of national government does not apply to that state
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"Elastic" clause
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nickname for 'necessary and proper' clause in Article 1 Section8
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Modern Federalism
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sometimes referred to as 'coercive' or fiscal federalism
often a reflection of national crises and or leaders' priorities (new deal, etc) Preemption mandate, restraint grants in aid/conditions of aid |
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Preemption, mandate, restraint
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congressional attempts to regulate/direct states' actions
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Conditions of Aid
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requirements states must meet in order to obtain/retain national fuding for programs
'carrot and stick' for promoting national policy objectives where there is no constitutional authroity to do so |
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Grants in aid
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may be Block Grants-general purpose, more discretion at local/sate level
Categorical Grants-specific purpose less discretion at local/state level, figured either as specific program grants or on a formula basis. |
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Local Governments
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Municipal and County
Special districts (ie school, or other jurisdictions set up to handle water management issues, etc) All are created by state govs in their individual state constitutions. |
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Purposes of Government
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Maintain order- rule and protect life (hobbes) property (locke)
Provide goods Promote equality |
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Two dilemmas of Government
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Original Dilemma
Modern |
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Original Dilemma
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Freedom vs. Order
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modern dilemma
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balance between freedom and equality
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Political Ideologies are?
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Beliefs about the scope of government ie what they should/should not do
Ideologies are baded on viewpoints concernign civil rights, economic issues, personal responsiblity, law and order issues. Specific points of concerns are political economy, justice, and due process rights |
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Spectrum of Ideologies
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Totalitarianism, socialism, democratic socialism, anarchism, libertarianism, "laissez faire"
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Totalitarian ideologies
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Communism
Facism *both feature total political and economic control by gov |
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Communism
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socialism plus political imperialism, no civil liberties protections, goal is to eliminate capitalism
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fascism
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extreme nationalism, fear capitalism, based on elites
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Socialism
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gov control over economic activity in varying decress
may allow private enterprise |
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Democratic Socialism
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gov control over economy but democratic institutions exist, also known as welfare states
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Those who like the least gov
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anarchism, libertarianism, laissex faire
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Anarchism
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all gov is harmful to individual
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Libertarianism
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small gov best, focus only on protecting security and rights
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"Laissez Faire"
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economic freedom from government intrusion
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Moderates known as
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Middle of the road
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Left of the "road"
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Liberalism
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Right of the Road
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Conservatism
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Classic Liberalism
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Adam smith, laissez faire, freedom to choose with no government role,
Anti Federalists, Jeffersons Democratic republicans |
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Modern Liberalism
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liberals see government as way to ensure freedom and equality (economic and political equality)
Democratic party |
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Conservatives 1700
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Federalists, feared liberalism would result in chaos
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Now Conservatives
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seek smaller gov control over economic activity
value use of goc to set morality Republicans |
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Models of Democracy
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Majoritarian
Pluralism Elitism |
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Majoritarian
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Government only to to reinforce majority of populations will
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Pluralism
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groups fight over power and try to influence decisions
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Elitism
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Very smnall # of high power people control policy/decision making
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Events influenced colonists outlook regarding nationhood and formation of government
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In europe emergence of new ideas
Seven years war proliferation of slavery Tense relations with American Indians British actions to support mercantilist policies |
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Why did we revolt
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colonists developed characterists common amongst themselves but different from England
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Colonists unique characterists
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No titled aristocracy
ownershit of property by yeoman farmers religious diversity overall less poverty than england less deference to central authrity Lack of urbanization adn associated institutions Slaverin all 13 states reminds whites of difference in freedom and bondage |
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Characteristics gave colonists nickname
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rugged individualists
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Beginnings of self government political heritage
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greek and roman cultures, those inherited from england
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Colonies run by
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royal govs, local courts, albany plan of union, slave codes in each colony
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Beginnings of self-gov
1st Continental Congress was |
1774
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1st constitutional congress met in protest of _________ and agree to
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Intolerable acts,
form local committees boycott english companies communicate with each other send olvie branch petition meet again if fails |
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2nd constitutional congress meet to
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gauge effectiveness and exchange info
assemble continental army declare independence from england establish states in place of colonies |
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Historical Docs
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1776 dec of ind
1777 art of confederation 1781 ars of confederation ratified |
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Declaration of Independence 4 parts
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1. Statement of political philosophy
2. List of grievances against british gov to king george 3. Statement of intent to sperate from british rule become USA 4.Signatures |
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Articles of Confederation
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protected state sovereignty
national gov existed to prosecute war provide international voice of US but little else Nat gov could not tax states or persons could create currency negotiate trade agreements and so could states |
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Art of Cofed national government struture
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no seperate pres or executive branch, no seperate court system
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Colonial American 3 Groups of Colonies
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Northern Colonies
Mid Atlantic Southern |
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Northern colonies include
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Mass, NH, Conn, RI
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Mid Atlantic Colonies include
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NY, NJ, Penn, Delaware, Maryland
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Southern Colonies Include
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Virginia, georgia, N/S Carolinas
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Northern Colonies Industry
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few farms, mostly factories, ship building, commerce
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Norther Colonies Physical Growth
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Urban towns/cities, roads other intrastructure
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Northern Colonies Religion
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Puritans and Pilgrims others discourage
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Mid Atlantic Industry
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mixed farming/fishing/commerce
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Mid Atlantic Growth
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mixed-rural and urban, major cities along coast
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Mid Atlantic Religion
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Mixed, more toleration for catholics and others
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Southern Industry
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Farming of commodities for domestic consumption and trade
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Southern growth/development
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rural with isoloated development along river, few coastal towns
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Southern Religion
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Mostly anglican, and native african animism
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4 major principles of Constitution
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Republicanism, Federalism, Seperation of Powers, Checks and balances
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Republicanisn
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power in people excersized by their representatives
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Seperation of Powers
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different powers to each branch so no one person can monopolize
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Checks and Balances
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gives each branch some power to limit actions of other branches
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Article 2
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Executive article
creates office of executive, describes qualifications to be pres, selecting president through electoral college |
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Article 3
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establishes supreme court, specifies method of selecting/removing judges, most details of judicial system left to congress
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Article 1
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Legislative article, 2 chamber character of congress enumerated powers
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Framers Motives
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leading to Cons Convention was inability of national or state government to maintain order under the loose structure of art of confed
protect on impending monarchy and agreed on power to tax 2 neccessary and proper clause 3 supremacy clause |
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New Jersey Plan branches
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Stick with 1 branch (congress
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NJ plan Leg
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pres picked by leg branch
unicameral leg congress equal representation limited court system |
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Virginia plan branches
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3
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Virginia Legislative
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bi cameral, direct election by congress
chosen by legislatures proportional representation pres chosen by leg national courst system judges for life. |
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Great Compromise
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Each state equal rep according to pop in house
Rev bills must origniate in house 1 executive electoral college Each states same # votes as they had in 2 chambers of congress combined |
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new Jersey plan Main pieces
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less power to central gov equal rep to states
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virginia plan main thing
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powerful central gov
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