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159 Cards in this Set
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what is a democracy
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direct-citizens gather to make choices for a community
indirect- repersentative form of governemnt |
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politics
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process by which collective decisions are made for a county
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challenges of democracy
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ensuring majority rule
protecting minority rights in every policiy there are winners and loses |
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democracy vs. republic
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a republic is a repserntative govt rules by law
democracy is direct govt ruled by majority |
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functions of federal government
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• Regulates ecomony
• Redistribute income • Provide support to be people in vulnerable positions • Protect public goods -free rider problems • Maintain order and safety -domestic and international • Promoting general infrastructure • Regulates interstate commerce • Issue taxes • Coin money |
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functions of state government
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• Promote general welfare and safety of citizens
• Provide infrastructure • Control the use of land within borders • Enact and enforce criminal tort laws • Conduct elections • Issue license • Est. local government • Ratify amendment to the constitution • Exert powers not delegating to federal government(10th amendment) • Commerce |
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controversies about govt functions
-principles |
fairness, indiviualism, rule of law, what role..if any should religion play in american politics
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controversies about govt functions
-ideology |
Liberal, conservative, libertarian, socialist
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what were motives for coming to the coloines
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economics, religious freedom
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the social contract
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idea that govt is accountable to the people and bound to protect the rights of citizens. if govt breaks this contract then ppl have right to rebel and replace govt with one that will enforce the contract
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weakness of the articles of confederation
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o Created no separate executive department to carry out and enforce the acts of congress and no national court system to interpret the meaning of laws
o To make change to articles it had to be decided unanimously by all states. 9/13 had to approve a major law before it was passed o No standing army o Each state could create own foreign policy and money o Shays rebellion! |
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the new jersey plan
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by patterson
3 branches: an unicameral legislature, exec branch, and a judicial branch |
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the virginia plan
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by randolph
3 branches: a bicameral legislateure, exec. and judicial branch |
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the great compromise
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3 branches, bicameral legislature, exec. headed by single president and a judicial branch headed by supreme court with life tenure for judges
-lower house was virgina plan -upper house was new jersey plan |
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the us constitution
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1 constitution
7 articles 27 amendments formal method of change requires 2/3rd vote of both house congress |
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ga constitution
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10 consitiuations
11 articles 60+ amendments 2/3rd of both house of ga general assembly |
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what guarantees a real democracy
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• Must have free elections with real choice (competing political parties)
• Must have opportunity for broad participation in elections and equal access to the process of selection public officals • There must be freedom of speech and freedom of press • Citizens must have the right to organize and have equal access to officials • Must have majority rule…. • ….but with protections for minority rights. |
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functions of govt- providing public goods...what is a problem with this
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things that benefit all members of a community and that cannot be withhled from anyone ex. national defense.
prb. is free riders |
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promoting general welfare
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-providing infrastructure-highways
regulating the economy providing support for those in vulnerable positions such as unemployed |
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regulating income
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improve lives of citizns with less wealth ex. use of federal income tax system
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regulating behaviors
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drug use, sexual behavior but this can only be regulated to certain degree
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american values- fairness
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most americans belive in fariness according to the amount of work we put in
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freedom and individualism
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self- reliance, free-market system. americans usually view this highly whereas europeans are mostly concerned with community values
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the rule of law
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one of the most important american values, that no one, even the most powerful, is above the law
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religion/ moral values
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our religious values tend to overflow into our political values
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what is an ideology
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an interconnected set of ideas (values) that organize our approach to politcs
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conservatism
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: tends to support government intervention of behalf of moral values (ex. Laws prohibiting same-sex marriage), but tends to oppose government intervention in the economy (ex. no redistribution of wealth
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liberalism
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: tends to oppose government intervention in the moral sphere, but supports government intervention in the economic sphere(ex. universal health care coverage, believe in redistribution of wealth)
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libertarinism
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do not believe in govt intervention in either spectrum
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discovery and who created american colonies
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1492, by king games 1 of england
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motivations for coming to the colonies
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relgious freedom- northeast
economic incentive- southern-farming |
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what brought colonists together
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they were colonists were a quarrelsome, divisive, litigious, lot.
they wanted pursuit from freedom from england? "no taxation without representation" and the pursuit of the "rule of law" |
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what did the colonists think about taxation?
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didnt think it was fair to get taxed by parliment without rep. in parliment
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where did the "rule of law" come from?
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had its roots in the magna carta,(1216) and english bill of rights(1689)
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what is the magna carta
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group of barons forced King john to sign it. It stood or the principle that even the king was bound by law.
Most important part was ch. 39 which guarantees “due process of law” and the idea that government will not take life, liberty, or property without due process. |
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what is the english bill of rights?
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a statute that spelled out the basic rights of Englishmen and that limited the power of Kings and Queens (reaction to the actions of James II).Freedom from taxation by royal prerogative- kings and queens cannot just decide to impose taxes: only parliament, the representative of the people, could impose taxes.
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two treatises of govt.
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john lock published this saying life, liberty, and property are natural rights of human beings, therefre property cannot be taken without consent
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what were the 3 ways of taxation
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sugar act, stamp act, tea tax
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what were the colonists response to taxes
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• Stamp act congress (1765): declaration of rights
• Boston massacre (1770) used to galvanize support for opposition to the british, • Boston tea party (1773) • First continental congress (1774): declaration of rights and grievances. |
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what does second continential congress do
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creates continental army and appoints george washingston to command
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common sense?
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phamplet by thomas paine that sells 120 copies in 3 months and 500,000 years. like the boston massacre, it helps stir up unrest among the colonies
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what did the declaration of independence do?
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-spelled out grievances against the king (even though it was really parliament but they thought it was easier to point problems to an official instead of a whole govt) and spelled out the principles that government in America would be based on.
o Proper functions of govt: protect natural rights. o The legitimate source of governmental authority is the consent of the people. o Spells out that the govt officals are binded by this contract and they cannot move past. |
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judicial review
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The power of the supreme court to review and strike down acts of government that violate the constitution...review is a way of enforcing the rule of law: of holding government accountable.
Also protects minority rights. |
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what are strengths and weaknesses of judicial review
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constitution can be read in many ways so who is to say the judges arent reading it in a way that good for them , but it also helps protect our rights and also limits the power of exec. and legislative branches
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where does judicial review come from?
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The judge- sir Edward coke: courts in England should be able to strike down acts or parliament that go against common right and reason, or are impossible to be performed, the common law will control it. In 1770s, American colonists began to embrace the idea of judicial review. They accused Parliament of acting “unconstitutionally” when they imposed taxes on the colonists without the colonists being represented in parliaments- but of course- they had no power to strike down such laws.
Judicial review is not in the constitution so in the beginning the idea of judicial review had criticism because it was not specifically given in the constitution, however it was implicitly given. |
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writ of mandamus
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a legal command
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what are the legal questions asked by the court
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does marbury have a right to his commission? yes, appt. by prez, and approved by senate. is there a remedy? yes, a writ of mandamus. can the supreme court issue it? no
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why couldnt the court issue the remedy, the writ of mandamus
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because congress unconsitituationnaly gave supreme court the power to issue the writ of mandamus in section 13 of the judiciary act of 1789. they said they wanted to give him the writ but couldnt because the power to give it to him was given unconsitituionally
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exceptions clause
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grants Congress the power to make exceptions to the constitutionally defined appellate jurisdiction of the Supreme Court.
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critisim against marbury v madison
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1. Marshall should have recused himself
2. First question should have been whether the court could decide the case, rather than addressing the merits of the case, does Marbury have a right to commission 3. He may not have misinterpreted section 13 of the judiciary act. 4. Is it as clear as he suggests that the court has the power of judicial review? |
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danger of judicial review
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gives the judges to have their own analysis of what is said in the constitution- they can use it to carry out their own personal ajendas. But this is true cause the constitution was written in ambiguous language because it was written upon compromise so they hope that in the long learn their own party will win out.
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unitary system
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used by majority of countries in the world, including england and france. nat. govt have ultimate control over all areas of policy, it may delegate some powers to local got. but i can overrule and decision it wants to.
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confederal system
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: amercia’s first attempt at self-governance, the article of confederation embraced this approach.
o Power rests with the local governments, that have banded together to form a league of independent governments. A central govt may exist, but it has only limited powers, primarily associated with defense. |
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what were weaknesses of the articles of confederation
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weak nat. govt. no power to tax, or regulate commerece. no common currency, and no separation of powers (weak legislative branch, no sepeprate exec. or judical branch.
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what was shays rebellion?
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1786-1787
o An armed rebellion by farmers in Massachusetts who faced foreclosure, became a potent symbol of the problems with the articles of confederation. o Feb.17 1787: congress passes a resolution to convene a constitutional convention to revise the articles of confederation |
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federal system
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power is formally divided bwt national govt and regional entities ( our system states)...some powers given to nat. govt, some to states, others are shared
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national powers
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congress is given very specific powers in article 1, section 8. called enumerated powers. listed out a long laundry list.
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necessary and proper clause
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also called elastic clause at the end of article 1, section 8 and it gives congress addisional implied powers
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supremacy clause
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constitution, laws made pursuant to the constitution and treaties are the “supreme law of the land” and “judges in every state shall be bound thereby, any Thing in the constitution or laws of any state to the contrary not withstanding.
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prohibited powers by the Constitution
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art. 1 sec. 9- denied to congress
-no ex post facto law- makes something a crime after it has occured -may not grant titles of nobility art.1 sec.10 -denied to states -may not enter into treaties -may not coin money -may not alter obligation of a contract |
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how are state powers are delegated?
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the 10th amendment to the US constituation serves as the major weapon for states rights. “the powers not delegated to the United States by the constitution, nor prohibited but it to the states, are reserved to the states respectively, or to the people."
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how do you know what powers the states have?
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subtract any delegated powers that are included in congress- enumerated, and implied powers, you get "reserved powers" or sometimes called police power
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what are the cocurrent powers?
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powers that are shared between nationional govt and the state
-power to tax -power to est. courts -to borrow money -to charter banks and corporation |
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what is dual federalism/.
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states rights approach-power of national govt should be limited, read constitution literally, 10th amendment is a powerful brake on nat. govt., dual soverenity (each supreme in own sphere), the supreme court is umpire btw state and national govt
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cooperative federalism/.
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national supremacy, if natl govt wants to do it, it should be able to., constitution is organic and is subject to changing interpretations , the 10th amendment is a truism, national govt is always supreme, supreme court is on national govt side and is used to justify the power of congress
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ex of elastic clause
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no min wage clause, however congress used the elastic clause to make these sorts of laws
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commerce clause
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an enumerated power which is used to regulate trade between states. this power was given this power to regulate trade so that states cannot put up trade barriers. the dual fed. believed that there should only be free trade as said by the consitiution.
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gun control laws..?
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the nat. govt used commerce clause to justify gun control because moving guns across borders is considered commerece. dual fed. saw this as an unconstitutional use of the commerece clause
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where is the commerece clause listed?
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art. 1 and section 8
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10 amendment gives states the power to do what..?
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regulate health, saftey, and public welfare so dual fed. insitied that only states can regulate the workplace
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where do dual federalists see a sharp distinction in commerce?
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in production of goods such as maufacturing, mining, argicultural production and in between transportation of goods (commerece)
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what are the two different apporaches on : can the commerece clause be read broadley to expand power of congress?
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dual: no
cooperative: yes |
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when was the era of dual federalists?
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1895-1937
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when was the era of cooperative feds?
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1937-present. in this term some court cases were unanimously overturned
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Hammer v. dagenhart
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1918...overruled in 1941 under cooperative fed.
this was an example of a dual federalist ruling. congress passed "federal child labor act of 1916" in which congress used its commerece clause powers to stop shipment of goods manufactured by childern under the age of 14, or child 14-16 forced to work more than 8 hours a day, more than 6 days a week, or at night. |
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what was the outcome of hammer v. dagenhart
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5-4 decision where majority stikes down the labor act. it was done on the basis that only states have power to regulate production. this is distinguised from earlier cases where congress could stop the shipment of goods across state lines (such as lottery, impure food and drugs, and prostitute)
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karzenbach v macclung
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9-0 decision unanimous. civil rights act of 1964 used commerece clause to end racial discrimination in the workplace (resturants, hotles) ollies bbq in birningham alabama family owned resturant refused to serve african americans. this was a cooperative fed. decision
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what was the surest route to the supreme court, and what was the consequence of this?
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by the 1890s into the 20th century it was to be a corporate lawyer.. supreme court was symapthetic to big business and hostile to govt. to regulate business
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what happened at the same time as supreme courts hostility towards govt regulations in business?
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press and books exposed terrible working conditions..such as "the jungle" and conditions in many factories and mines.
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what happened as a result of hearing about all these bad conditions in the work place?
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interest groups and unions began to organize and lobby govt to pass laws protecting the workers
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what led to hammer v dagenhart?
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the supreme courts justices' dual fed. beliefs and their underlying hostility to govt. regulation
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republicans had largely controlled govt since 1920s...
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they supported big business and lazziere faire
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what happened after the change in white house and the HOR and senate changed?
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democrats began a legislative intutive called the new deal
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what did the new deal do?
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expanded role for govt in regulating the economy to bring the country of out the depression...it made a social "saftey net" such as jobs thru WPA..and social security. this was done when the white house changed form primary republicans from 1920s to democratics because democratics belive in govt intervention in ecomony
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why was the new deal struck down by the supreme court?
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because even though there was a change of parties in the elected brances..the court remained controlled by dual fed. cooperate lawyers.
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what did the court look like during the change from republican to democratic in the white house?
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4 dual fed. which were dubbed the four horseman of the apocalypse and then the 3 copperative fed. dubbed the 3 musketeers and then two swing votes who tended to side with the dual federalists/
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by what votes was the new deal legislation struck down/
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vote of 6-3 or 5-4
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what did john f Kennedy do to combat his new deal being struck down?
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he called on congress to expand the size from the court from 9..to 15 so he could elect 6 more cooperative fed. judges. this was called the court packing plan.
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what happened to the court packing plan?
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it was diffused because the 2 swing votes began to consistently vote with the cooperative fed. wing of the court. called "the switch that saved 9"
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when is the transformation from republican to democrats complete?
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by 1941..just after 4 years. an unanimous supreme court decision overturns hammer v dagenhart and cooperative federalism reigns supreme
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layer cake federalism
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aka dual federalism because each layer of govt has clearly defined responiblites
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marble cake
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aka cooperative federalism because powers are intermixed
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what happens because of this transformation?
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fed. govt becomes move active in telling states what to do and congress imposes more and more legal requirements on states such as clean water, air, privacy of medical records. sometimes congress gave money to do this
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categorical funds
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money must be used to implent a particular federal regulation..no flexibility about how the money can be spent.
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block grants
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money earmarked for general policy area, such as education, but states have flexibility to spend that money within that policy area as they see fit. these were championed by republican govt as a way to return some power to the states
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politics
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process by which colletive decisions are more for a country
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two types of democracy
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direct-by people
indirect- Representative |
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challenges of democracy
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ensuring majority right while protecting minority rights
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_______ recognizes the unalienable rights of individuals while _______is primarily concerned with group wants/needs (public good)
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republic, democracy
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fariness
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treating others how they deserve to be treated
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individualism
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people should be able to reply on themselves to be free to make decisions subject to as little govt or societal control as possible
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rule of law
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laws should detemine govt. actions
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4 types of ideologies
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liberal, conservative, libertarian, and socialist
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liberal
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opposes govt intervention in religious values but supports govt actions in economic sphere
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conservative
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govt intervention on relgious but not economic sphere
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libertarian
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opposes govt intervention in any areas of peoples lives
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individualism
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people should be able to reply on themselves to be free to make decisions subject to as little govt or societal control as possible
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socialist
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favor govt take over most business and run them in the interest of social economic equality
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rule of law
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laws should detemine govt. actions
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how was a change made to the constitution under the articles?
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decided unainmiously by all states and 9/13 had to approve any major law
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4 types of ideologies
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liberal, conservative, libertarian, and socialist
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amendment process for US constistuion
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Congress with a two-thirds majority vote in both the House s or by a constitutional convention called for by two-thirds of the State legislatures.
raticfication by 3/4th of states. informal methods of this are judicial, congressional, and presidential interpertation |
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liberal
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opposes govt intervention in religious values but supports govt actions in economic sphere
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amendent process for ga constitutions
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2/3rd of both chambers of general assembly. then propoasla must be approved by majority rule at next general election
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conservative
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govt intervention on relgious but not economic sphere
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libertarian
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opposes govt intervention in any areas of peoples lives
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socialist
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favor govt take over most business and run them in the interest of social economic equality
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how was a change made to the constitution under the articles?
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decided unainmiously by all states and 9/13 had to approve any major law
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amendment process for US constistuion
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Congress with a two-thirds majority vote in both the House s or by a constitutional convention called for by two-thirds of the State legislatures.
raticfication by 3/4th of states. informal methods of this are judicial, congressional, and presidential interpertation |
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amendent process for ga constitutions
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2/3rd of both chambers of general assembly. then propoasla must be approved by majority rule at next general election
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past of GA
precivil war |
republican presence in politics, African american in political office.
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past of GA
reconstruction |
democratic dominance in poltics
white supremacy racism in democratic party |
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issues in past of ga
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economic issues- slavery and agriculture
social issues- segregation |
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bio factional politics
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talmadges vs anti talmadges
three governers controversy Governor fued in ga |
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federalism
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power formally divided between the national govt and regional states entites such as state.
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people
-states -national derive authority from people |
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confederal
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power rests with regional entites that have banded together to form a leauge of independent govt.
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states--->national govt
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unitary
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national govt has ultimate control over all areas of policy
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national govt---> states
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strenghts/weaknesses of a federal system
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strenghts
states have autonomy of policy areas increases number of opprounity for people to infulence and control diff parts of govt gives states opprotunity to expeiment with diff types of policy responeses to solve a problem |
weakness
fed. created more veto points to strike action on important issues states automomy can be translated into inaction states rights can become a justification for policies that undermind social justic |
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national powers
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necessary and proper clause-art. 1
supremecay clause- art. 6 which makes constit. supreme law of land |
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state powers
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10th amendment
police powers- reserved to states under 10th amendment that deal with public welfare, saftey, and morality |
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concurrent powers
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both nat. and state have powers to raise taxes, borrow money, charter banks, and build roads
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full faith and credit clause
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art. 4 requires states to recogonize and abide by other states laws. if your married in one state your married in another
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privilege and immunity clause
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forbids state from depriving citizens of other states the rights that it gvies its own citizens
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extradition clause
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state must return fugatives
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interstate compact
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contracts bwt two or most states that creates an agreement on a particular policy issue
ex. border compacts, regulatory compacts, advisory compacts |
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resurgance of states rights, what happened
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john c calhoon put fowad nullification of federal law dealing with tarriff and tried to succeed but prez. jackson sent military because he was scared succssion might destroy the union
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why did SC withdraw from union
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abe was elected 1860 and the issue with slavery resluted and caused many southern states to leave, SC being the first
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what happened during rise of cooperative fed.?
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supreme court overturned hammer vs. dagenhart and dismissed 10th amendment as a truism
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unfunded mandates
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legal requirements imposed on states by congress to adminster a program that it doesnt provide federal money for aka americans with disablity act
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block grant example
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ex. education with no child left behind, states can use that money very broadley
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dillions rule
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Dillon's Rule is used in interpreting state law when there is a question of whether or not a local government has a certain power. Dillon's Rule narrowly defines the power of local governments. cornerstone of municipal law
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types of municipal govts
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strong mayor council, weak mayor council, council-manager, commission
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council manager
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the city council fills the primary policymaking role, and an appointed city manager is responsible for the primary executive functions. mayor serves as head of city
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weak mayer council
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he mayor and city council normally share the primary policymaking role, and the mayor fills the primary executive role.
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strong mayor council
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The mayor serves as the city's chief executive officer and has full responsibility for the city's daily operations and council is responsible for enacting city policies
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commission
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council memebers "commissinoners" are elected elected commissioner oversees one or more departments (e.g., police, recreation, water/sewer)
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taking and property rights
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zoning rights are given to local govt but state has right to step in
eminent domain |
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urbanization in ga
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required coordination among several govts. to solve problems that are outside the scope of one county
MARTA is an example of urbanization |
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dillions rule
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Dillon's Rule is used in interpreting state law when there is a question of whether or not a local government has a certain power. Dillon's Rule narrowly defines the power of local governments. cornerstone of municipal law
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types of municipal govts
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strong mayor council, weak mayor council, council-manager, commission
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council manager
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the city council fills the primary policymaking role, and an appointed city manager is responsible for the primary executive functions. mayor serves as head of city
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weak mayer council
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he mayor and city council normally share the primary policymaking role, and the mayor fills the primary executive role.
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strong mayor council
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The mayor serves as the city's chief executive officer and has full responsibility for the city's daily operations and council is responsible for enacting city policies
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commission
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council memebers "commissinoners" are elected elected commissioner oversees one or more departments (e.g., police, recreation, water/sewer)
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taking and property rights
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zoning rights are given to local govt but state has right to step in
eminent domain |
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urbanization in ga
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required coordination among several govts. to solve problems that are outside the scope of one county
MARTA is an example of urbanization |
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what does first continental congress do?
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declaration of rights and grievances
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what does second continental congress do?
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creates continental amry and appoints george washington to run it
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bill of attinder
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no declaring someone guilty without a trail
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