U.s. Politics Test #2

Front 1

Constitutionalism

Back 1

The belief in limiting government power by a written charter; A very broad set of rules, A government should be governed by a Constitution

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Articles of Confederation

Back 2

The first plan of a national government for the 13 American states was replaced by the Constitution. The states retained most political power.

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Virginia Plan

Back 3

The first plan of union proposed at the Constitutional Convention in 1787 called for a strong central government. (Heavily centralize the government); Virginia wanted a Congress that gave larger states an advantage.

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New Jersey Plan

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Introduced in the Constitutional Convention in opposition to the Virginia Plan, it emphasized the dominance of the states. (more decentralized). It wanted a Congress that allowed states to have the same amount of power.

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Connecticut Compromise

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This agreement at the Constitutional Convention in 1787 to accept representation by population in the House (proportional to population) and by states in the Senate (equal representation to the states) was arranged by the delegation from Connecticut. A.k.a. The Great Compromise.

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Federalists

Back 6

A term for persons who advocated ratification of the Constitution in 1787 and 1788 and generally favored a strong central government, it was also the name of the dominant political party during the administrations of Presidents George Washington and John Adams.; A group of individuals who believe that we need to abandon the Articles of Confederation and make a new Constitution; more power to the government

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Antifederalists

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Persons who opposed ratification of the Constitution in 1787 and 1788 opposed policies such as a national bank associated with a strong central government; loose collection of individuals who didn't like the ideas of the Federalists and were opposed to the new Constitution

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The Federalist

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A series of 85 essays written by Alexander Hamilton, John Jay, and James Madison and published in New York newspapers in 1787 and 1788 urged ratification of the Constitution.

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Republicanism

Back 9

People elect representatives to make decisions in their place

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Checks and Balances

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The system of separate institutions sharing some powers that the Constitution mandates for the national government, its purpose is to keep power divided among the three branches: legislative, executive, and judicial

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Elastic Clause

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The "necessary and proper" clause of Article I, Section 8, of the Constitution is the source of "implied powers" for the national government, as explained in McCulloch v. Maryland

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Amendment

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changes/additions to the Constitution

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Federalism

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A system of government in which both the national and state governments share power within the same political system

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Confederation

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A loose association of states in which dominant political power lies with the member states and not with the central government

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Unitary System

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A system of government in which principal power lies at the level of a national or central government rather than at the level of some smaller unit (a state or a province) within the political system

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Delegated Powers

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Legal authority that the people in the states granted to the national government for certain purposes by ratifying the Constitution. These powers can be either express or implied

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Expressed/Enumerated Powers

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Powers specifically enumerated in the Constitution as belonging to the national government

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Implied Powers

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Powers of national government not specifically cited in the Constitution but implicit in powers expressly granted by the Constitution

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Reserved/Residual Powers

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Powers not specifically prohibited to the states and not delegated to the national government by the Constitution

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New Federalism

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A view of federalism that posits an expanded role for state and local governments and holds that state and local governments should be entrusted with greater responsibilities

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Dual Federalism

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A model of federalism in which national and state governments are separate and independent from each other, with each level exercising its own powers in its own jurisdiction

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Marble Cake Federalism

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A model of federalism in which the intertwining relationships between the national and state and local governments are likened to intertwining flavors in a marble cake

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To Establish rights, create limits to the government

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What is the main function/defining feature of the Constitution?

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Constitution

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A __________ establishes certain procedures that are recognized by everybody as laws.

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The Constitution limits and empowers the government.

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What is paradoxical about the Constitution?

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Power

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What is the main ingredient to the Constitution?

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Limited Governments

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What type of government are Constitution governments?

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Force + Authority

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______ + _______= Power

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The government is the only entity that can violate/break the Constitution & the only entity that can enforce the Constitution.

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Symbolic Nature to the Constitution

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It was loosely bound by a government that doesn't do too much.

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What was the main component of the Articles of Confederation?

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Government had too much power. They wanted to create a less powerful government.

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Why were the Articles of Confederation created?

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There was no national court. Each state had their own courts but there was not a court that was above the states.

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What was the judicial problem with the Articles of Confederation?

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The central government was not powerful enough

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What was the problem with the Articles of Confederation?

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Some states have major influence/ States like California with so many people should get more votes (55)

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What is the downside/upside to the House of Reps?

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Small States

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Who has the disproportionate advantage in the Senate?

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House, Senate

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No law gets passed unless it passes both the _____ & the _____.

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It prevents any one group from having too much power/It takes a long time to get stuff done.

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What is the upside/downside to Checks and Balances?

Front 38

Articles which are divided into sections which are further divided into clauses. Each paragraph under a section is a clause. There are also amendments.

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What are the Components of the Constitution?

Front 39

The powers of the Legislative Branch

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Article I involves what powers?

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The power to declare war, to regulate interstate commerce, to establish a system of weights and measures, elastic clause

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Art. I Sec. 8 gives Congress what powers?

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The powers of the Executive Branch (President, Vice President & executive offices) -> establishes who's going to be in power & what general powers they're going to have

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Art. II involves what powers?

Front 42

Judiciary Branch -> Establish a court, Supreme Court, Congress can create lower courts

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Art. III involves what powers?

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Common Law Systems

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Judges have a lot of power to interpret laws in what systems?

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Civil Law Systems

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The law is specifically spelled out in what systems?

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Collection of States

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Art. IV involves what powers?

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1. Privileges & Immunities- Each state must respect privileges & immunities of the citizens of other states.
2. Full Faith & Credit- respects the governmental actions of other states

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What 2 clauses are under Art. IV?

Front 47

Amending, the rules by which we can change the Constitution
- Convention
- 2/3 House/Senate majority vote, then it must be approved by 3/4 of all states (Super Majority)

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Art. V involves what powers?

Front 48

catch all

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Art VI is a _____ ?

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Supremacy Clause

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What clause is included in Article VI?

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The laws of the Constitution (states) & laws made under the authority of the Constitution (federal) are the Supreme laws of the land.

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What is the Supremacy Clause?

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Ratification

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Art. VII is for what?

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We learn things from the ratification process, and by leaving it there we create a historical document.

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Why do we keep Art VII if it's no longer relevant?

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The 5 basic freedoms: speech, press, religion, assembly & petition

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What does Amendment I contain?

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"I plead the fifth"- protection from self-incrimination, places a due process on the government

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What is a significant part of Amendment V?

Front 55

It reserves powers to the states not prohibited to them and not delegated to the national government by the Constitution

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What does the Tenth Amendment do?

Front 56

* James Madison
- 4th President, Smallest President, Major Contributor, 1 of the 4 early most influential founders
* Alexander Hamilton
- Secretary of the Treasure, on the $10 bill, Killed in a dual, Advocate of early American Conservatisms
*John Jay
- First U.S. Supreme Court Justice

Back 56

The Federalist papers were written by who?

Front 57

Federalist 10, it was trying to convince readers that this is a good Constitution & that faction is the biggest threat to a good government

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What is the most important Federalist Paper and what was it trying to do?

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Factions are a group of individuals with a collective interest adverse to the rights and interests of other citizens

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What are factions?

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1. Remove the cause, which you can't do. Factions are a part of human nature.
2. Control the effects by voting. When factions are a minority, no problem but the majority factions are the greatest concern.

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2 ways that the Constitution can prevent the government from being taken over by factions

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Democratic Republic

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government that we have under the Constitution

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Republicanism

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_______ ultimately will control the effects of majority faction.

Front 62

1. Aristocratic- believed the representatives would be better people & make better decisions
2. Size- Republics allow government to be bigger

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Why does the U.S. elect representatives to vote for us?

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Democracy

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Individuals voting on every issue historically was called what?

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Confederacy

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What government did the U.S. have before the Constitution?

Front 65

tyranny

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Unitary governments give a government too much power and are likely to produce _____?

Front 66

Federalism

Back 66

Under what type of government are there laws that are different from state to state but still a centralized government and it is still recognized as 1 country.

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limit

Back 67

Enumerated powers ______ the powers of the government.

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Implied Powers

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A subset of Enumerated powers is what?

Front 69

Prohibited

Back 69

No one has the power or a specific government doesn't have this power is the definition of _____ Powers

Front 70

Art. I Sec. 9

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Where are the powers that Congress doesn't have listed?

Front 71

- habeas corpus
- Bill of Attainder- circumvents the trial/court process
- Post Facto- makes something a crime after the fact
- Most of the Bill of Rights

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What are some of the powers that Congress doesn't have?

Front 72

sovereignty

Back 72

Each country realizes that they have the power to do whatever they want within their own borders and other countries have to respect it

Front 73

Sovereignty/Total Power

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Plenary power means?

Front 74

What we do with the powers that aren't mention in the Constitution -> Reserved powers go to the state

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What makes our Constitution a federal constitution?

Front 75

police powers, the powers the states exercise

Back 75

Amendment X includes ____ powers?

Front 76

Health, Safety, Morality, General Welfare

Back 76

Police Powers generally fit into what four categories?

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unity and diversity

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Federalism allows for us to have both _____ and ______.

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We can't allow diversity, we need laws to be unified, understood in the same way. Ex: declaring war, a system of weights and measures

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Unity involves issues in which _____?

Front 79

State, Ex: purchasing alcohol on a Sunday in Kansas

Back 79

Diversity includes the ____ powers?

Front 80

Separation of Powers/Checks & Balances

Back 80

In Federalist 51, Madison discusses the basic notion of what?

Front 81

"Ambition must be used to counteract ambition."

Back 81

What is the famous quote from Federalist 51?

Front 82

federal (states) or national (people)

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Federalist 39 seeks to answer the question as to whether the new Constitution is a _____ or ______ Constitution?

Front 83

decentralized, states
centralized, people

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Federal is _____ government with various ___ in power. National is a _____ government with _____ in power, what we call the federal government today.

Front 84

That Both interests are represented.
Examples: Congress (2 chambers)
- House of Reps (national gov't)
- Senate (run by power of the states)
Example: Electoral College- takes the power away from the people directly & gives it to the states, the states get power proportionate to population
Example: Amending Process

Back 84

What does Madison conclude in Federalist 39?

Front 85

McCulloch v. Maryland

Back 85

What court case reiterated the Supremacy clause?

Front 86

Maryland passed a law that placed a heavy tax on banks not chartered in Maryland. A teller refused to pay it, which led to the court case. The Federal government holds the trump card.

Back 86

What is a brief summary of McCulloch v. Maryland?

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State, federal

Back 87

The _____ government is limited by what the _____ government can do.

Front 88

Dual Federalism

Back 88

What type of federalism says that there is a clear dividing line between state and federal power?

Front 89

Marble Cake Federalism

Back 89

Most issues will be varying percentages of Federal & State is the definition of what type of federalism?

Front 90

Devolution

Back 90

Taking powers from the federal government and giving them back to the states is known as what?