POLI SCI EXAM #1
Terms in this set (50)
During the Dual Federalism era, the federal government did not give money to the states.
This changed during the era of Cooperative Federalism that started with the Great Depression. The federal government started giving money to the states in the form of grants-in-aid.
is a general term that refers to ALL instances where the federal government gives states or localities money and tells them how it must be spent.
are a type of grants-in-aid that gives federal money to state or local governments and tells them that said money must be spent on a particular program or problem.
Grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government receives. This was more common during the era of Cooperative Federalism (1937-1960).
are a type of categorical grant most seen in the 1960s in which state and local governments submit proposals to federal agencies in which they decide how the money will be spent but the federal government gets to decide which states get the grants through a competitive process.
started being an issue in the 1980s when the federal government would pass laws that mandated that the states take some action and not provide them with the money to implement the requirement.
are basically the same as a categorical grant.
The era of regulated federalism is called that because in the 1970s the federal government not only gave categorical grants to states and localities to implement Congressional legislation, but they also started to require states to implement executive department regulations.
a. A block grant is the opposite of a categorical grant, in that the federal government gives a chunk of money to the states and the states can spend it however they want. They were favored by Republican administrations in the 1970s and 1980s
b. It was in the era of Regulated Federalism that pre-emption became an issue.
Pre-emption is the principle that allows the national government to override state or local actions if they file a lawsuit against the state or locality. Another way to think about the term "pre-emption" is that states must enforce a national law that is based on a constitutionally enumerated or implied power event if the state government has its own law on the matter.
Arizona v. U.S. (2012)
was a United States Supreme Court case involving Arizona's S.B. 1070, a state law intended to increase the powers of local law enforcement who wished to enforce federal immigration laws. At issue is whether the law usurps the federal government's authority to regulate immigration laws and enforcement. The Court ruled that sections 3, 5(C), and 6 of S. B. 1070 were preempted by federal law, but left other parts of the law intact, including a provision that allowed law enforcement to investigate a person's immigration status.
Gibbons v. Ogden (1824)
was a landmark decision in which the Supreme Court of the United States held that the power to regulate interstate commerce, granted to Congress by the Commerce Clause of the United States Constitution, encompassed the power to regulate navigation. The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while U.S. Attorney General William Wirt and Daniel Webster argued for Gibbons.
Lopez v. United States (1995)
was the first United States Supreme Court case since the New Deal to set limits to Congress' power under the Commerce Clause of the United States Constitution.
Obergefell v. Hodges (2015)
is a landmark United States Supreme Court case in which the Court held in a 5-4 decision that the fundamental right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
Marbury v. Madison (1803)
-was a landmark United States Supreme Court case in which the Court formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. The landmark decision helped define the boundary between the constitutionally separate executive and judicial branches of the American form of government.
-The case resulted from a petition to the Supreme Court by William Marbury, who had been appointed Justice of the Peace in the District of Columbia by President John Adams but whose commission was not subsequently delivered. Marbury petitioned the Supreme Court to force the new Secretary of State, James Madison, to deliver the documents. The Court, with John Marshall as Chief Justice, found firstly that Madison's refusal to deliver the commission was both illegal and correctible. Nonetheless, the Court stopped short of ordering Madison (by writ of mandamus) to hand over Marbury's commission, instead holding that the provision of the Judiciary Act of 1789 that enabled Marbury to bring his claim to the Supreme Court was itself unconstitutional, since it purported to extend the Court's original jurisdiction beyond that which Article III established. The petition was therefore denied.
McCulloch v. Maryland (1819)
-was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though the law, by its language, was generally applicable to all banks not chartered in Maryland, the Second Bank of the United States was the only out-of-state bank then existing in Maryland, and the law was recognized in the court's opinion as having specifically targeted the Bank of the United States. The Court invoked the Necessary and Proper Clause of the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers, provided those laws are in useful furtherance of the express powers of Congress under the Constitution.
-This case established two important principles in constitutional law. First, the Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government. Second, state action may not impede valid constitutional exercises of power by the Federal government.
Windsor v. United States (2013)
is a landmark civil rights case in which the United States Supreme Court held that restricting U.S. federal interpretation of "marriage" and "spouse" to apply only to opposite-sex unions, by Section 3 of the Defense of Marriage Act (DOMA), is unconstitutional under the Due Process Clause of the Fifth Amendment; Justice Kennedy wrote: "The federal statute is invalid, for no legitimate purpose overcomes the purpose and effect to disparage and to injure those whom the State, by its marriage laws, sought to protect in personhood and dignity."
Youngstown Steel v. Sawyer (1952)
-also commonly referred to as The Steel Seizure Case, was a United States Supreme Court decision that limited the power of the President of the United States to seize private property in the absence of either specifically enumerated authority under Article Two of the United States Constitution or statutory authority conferred on him by Congress. It was a "stinging rebuff" to President Harry Truman.
=Justice Hugo Black's majority decision was, however, qualified by the separate concurring opinions of five other members of the Court, making it difficult to determine the details and limits of the President's power to seize private property in emergencies. While a concurrence, Justice Robert H. Jackson's opinion is used by most legal scholars and members of Congress to assess executive power.
A system that permits citizens to vote directly on laws and policies is often called a(n) ____ democracy.
Governments whose powers are limited through a system of rules and institutions are known as ____ governments.
Political efficacy is the
belief that citizens can affect government.
Religious objections to the Affordable Care Act were allowed through a 2014 Supreme Court case involving a major company called
The term autocracy refers to
a form of government in which a single individual rules.
Which of the following can be said to have characterized American politics for much of the past half-century?
a pervasive sense of apathy and cynicism
were the middle class of sixteenth- and seventeenth-century France, and they sought to increase political participation for themselves by embracing the institution of Parliament.
Who gets what, when, and how is a definition of
refers to a system that allows very little room for the national government to regulate trade or restrict the use of private property, even in the public interest.
"Majoritarian" as applied to California government means that
the state makes many important decisions through direct democracy and the initiative process.
Antifederalists' concerns about the Constitution
included a concern that the Constitution did not specifically enumerate protected civil liberties.
As a political value, individual liberty
was preeminent for the Constitution's authors.c
Concerning limited government, the debates between the Federalists and the Antifederalists
more than any other issue continues to reverberate through contemporary American politics.
Congress' ability to pass laws necessary to carry out its expressed powers is known as the
One key demonstration of the weakness of the Articles of Confederation was
the size and duration of Shays's Rebellion.
proponents of the idea of the "living" Constitution would likely support the concept of
The Bill of Rights mollified concerns about
an overly powerful central government.
it provided for a system of representation in the national legislature based on the population of each state or the proportion of each state's revenue contribution to the national government, or both.
Baron de Montesquieu
was the philosophical founder of the Constitution's ideas of separation of powers
Under the Great Compromise, the Senate
was an arena wherein large and small states would compete on equal footing.
a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
Declaration of Independence
It specifically identified and focused on grievances, aspirations, and principles that might unify the various colonial groups.
It expresses the principle of federalism, which strictly supports the entire plan of the original Constitution for the United States of America, by stating that the federal government possesses only those powers delegated to it by the United States Constitution
Which structural aspects was established for the legislature by the Constitution?
The Senate was given the power to approve presidential appointments
government by a single, nonelected leader (e.g., a king, queen, or dictator).
government by a small group that is not accountable to the citizens (e.g., military officers or landowners).
a system of rule that permits citizens to play a significant part in the governmental process, usually through the election of key public officials.
governments recognize no limits on their authority.
governments recognize no limits on their authority, but they are constrained by other institutions, such as business or a church.
governments are limited both in what they can do (substantive limits) and the methods they can employ (procedural limits).
Representative democracy (republic)
Governments are run by elected officials who represent the interests of their constituents.
Citizens themselves vote on all legislation.
town meetings, referenda
Liberty: freedom from government control. This includes:
Personal freedom Economic freedom
Linked to the concept of "limited government."
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