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American National Government Exam 1-merp!
Terms in this set (84)
The institutions and procedures through which a territory and its people are ruled
Private relationships and business enterprises based on self-interest have not produced what people want
5 Main Varieties of Market Failures
1. Monopolies: Power is concentrated in the hands of only one or very few firms and there is no competition
2. Natural Monopolies: Exists when it is not really possible to have competition in providing a particular good or service
3. Public Goods: Goods that are not typically profitable for a private company to produce and/or sell
4. Externalities/Spillover Effect: Special case of the public goods problem --> it pertains to the cost of some person or company's private action for others
5. Asymmetric Information: The difference between what producers of a good or service and consumers of that good or service know
Characteristics of Public Policies
1. Public policies are goal orientated, or purposive, not random occurrences
2. Public policies consist of courses of action taken over time by government officials
3. Public policies are the result of public demands
4. Public policies are authoritative
A system of government that permits citizens to vote directly on laws and policies
3 factors for this to work:
1. The number of citizens must be small
2. Property and wealth must be distributed nearly equally
3. The society must be culturally homogenous
Constitutional Articles: How is the Constitution set up?
Constitutional Article I
Constitutional Article II
Constitutional Article III
Judicial Power (Supreme Court)
Constitutional Article IV
Constitutional Article V
Constitutional Article VI
Constitutional Article VII
A system of government in which the populace selects representatives, who play a significant role in governmental decision making
Articles of Confederation
America's first written constitution; served as the basis for America's national government until 1789
Characteristics of the Articles of Confederation
• Unicameral congress → one chamber; weak executive; no judiciary
• Congress could wage war, make peace, enter into treaties/alliances, appoint/receive ambassadors, regulate native affairs, and create a postal system
• All powers not expressly granted to Congress were reserved for the states
• Congress expressly could NOT levy taxes, produce/require a standardized currency, or raise an army
Consequences of the Articles of Confederation
• Gridlock → 9/13 states to make a law and 13/13 to amend a law
• Troubled economy
• Unresolved conflicts
• No execution of the Laws
Economically struggling farmers go together because they hated their farms being taken away --> Farmers rebelled for months and it scared the national government
Great (or Connecticut) Compromise
The agreement reached at the Constitutional
convention of 1787 that gave each state an equal number of senators regardless of its population, but linked representation in the House of Representatives to population
o Strong central government
o 3 branches
o 1 legislature → Senate based on equal representation, House of Representatives based on population of the state
Favored a strong national government and supported the constitution proposed at the American Constitutional Convention of 1787
Favored a strong state government and a weak national government and were opponents of the Constitution proposed at the American Constitutional Convention of 1787
All of the legal power is located with the Central or National Government
a. Local governments exist, but only at the will of the National government
ex: UK under Margaret Thatcher
b. There are very few pure unitary systems, but the majority of the world uses some form of this system
A system of government in which power is divided, by a constitution, between a central government and regional governments.
A way of organizing a nation so that two or more levels of government have formal authority over the same area and people.
The belief that multiple sources of government authority could coexist
Only 10% of the world's countries are federalists, but only 40% of the world's population lives under federalist societies
Form of government in which a group of sovereign states create a central government for a common purpose
a. ex: The US under the Articles of Confederation
b. ex: EU, UN, NATO, African Union
What did the "Second Founding" produce?
A republican system of government with separated and overlapping institutions, multiple levels of government, and special attention to individual rights and liberties.
A policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments.
Transferring responsibility for policy from the federal government to the states and localities
Full Faith and Credit
Provision, from Article IV, Section 1, of the Constitution, requiring that the states normally honor the public acts and judicial decisions that take place in another state
Interstate Commerce Clause
Article I, Section 10, which states that "No State shall, without the Consent of Congress... enter into any Agreement or Compact with another State."
This means that states may enter into agreements with each other, subject to congressional approval
Separation of Powers
The division of governmental powers among several institutions that must cooperate in decision making
A mobilized, concentrated group of people focused upon a particular policy objective.
Federalists were afraid of that _________ would oppress the minorities.
The powers not explicitly stated in the Constitution.
These were not originally recognized by the Founders.
McCulloch v Maryland was the court case where the Supreme Court recognized these Powers
--> Issue: Could Congress create a bank?
Specific powers granted by the Constitution to Congress (Articles 1-8) and to the president.
Also referred to as "enumerated powers".
Powers that are specifically delegated to the federal government in the Constitution.
ex: Coin money, collect and lay taxes, create a post office, raise and support armies
Most expressed powers are given to Congress
Necessary and Proper Clause
Congress shall have the Power to make all Laws which shall be necessary and proper for carrying out expressed powers.
Expressed Power + Necessary and Proper Clause = Implied Power
The power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional; the Supreme Court asserted this power in Marbury v Madison
Privileges and Immunities Clause
Provision, from Article IV, Section 2, of the Constitution, that a state cannot discriminate against someone from another state or give its own residents special treatment.
Known as the "comity clause"
Authority possessed by both state and national governments, such as the power to levy taxes
Dred Scott v Samford
1857. States regulate their own economy. Railroads, shipping goods --> Federal government regulates these only
Areas of personal freedom with which governments are constrained from interfering.
Constitutional provisions, laws, and practices that protect individuals from government interference.
What government cannot do.
Governmental responsibility for guaranteeing that all citizens are able to participate as equals in the practices of democratic life.
What government must do.
Bill of Rights
The first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people
Religion (no establishment and guaranteed free exercise), freedom of speech, press, assembly, petition
Right to bear arms, have guns
No (forcible) quartering of soldiers
No unreasonable searches and seizures; regulates issuing of warrants
Indictment by grand jury, no double jeopardy, no self-incrimination, no forcible bearing witness against self, guaranteed "due process of law", compensation for property loss to public use, eminent domain
Guarantees accused: a speedy and public trial (by jury), and requires that accused be informed of charges, have the right to confront unfavorable witnesses, have counsel
Trial by jury in civil cases
No excessive bail or fines, and no cruel and unusual punishment
Declares that this list is not comprehensive; all other rights are retained by people
Declares that powers not granted to the national government nor prohibited to the states are reserved for states or the people
The process by which various protections in the national Bill of Rights were applied to the states (through the 14th Amendment's provisions), and citizens' liberties were guaranteed protection by the STATE as well as the national government
An effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid ___________ except under the most extraordinary circumstances.
The requirement, articulated by the Supreme Court in Miranda v Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel.
Miranda v Arizona 1966
Ex: Child pornography
"No STATE shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law"
Woman have the right to vote
Gives black males the right to vote
The 1st Amendment clause that says that "Congress shall make no law respecting an establishment of religion." This law means that a "wall of separation" exists between church and state
The 1st Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses
Does it say anywhere in the Bill of Rights that Americans have the right to privacy?
Nowhere in the Bill of Rights does it say that Americans have the right to privacy --> however, all of the Amendments IMPLY it
Restrictive Housing Covenant
Heightened or Intermediate Scrutiny
A test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional
A test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional.
This gave an advantage to those attacking racial discrimination
Brown v Board of Education
The 1954 Supreme Court decision that struck down the "separate but equal" doctrine as fundamentally unequal. This case eliminated state power to use race as criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions
Mapp v Ohio
1961 case, which illustrates the 4th Amendment (no search or seizure without a warrant) and the exclusionary rule --> which prohibits evidence obtained during an illegal search form being introduced in a trial
Roe v Wade
1973, The right to privacy was confirmed and extended through this court case. The decision established a woman's right to seek an abortion and prohibited states form making abortion a criminal act.
De Facto Segregation
Literally, "by fact"; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today
De Jure Segregation
Literally, "by law"; refers to legally enforced practices such as school segregation in the South before the 1960s
Civil Rights Act of 1964
o Outlawed arbitrary discrimination in voter registration
o Barred discrimination in public accommodations engaged in interstate commerce
o Authorized the Department of Justice to initiate lawsuits to desegregate
o Provided withholding to Federal Funds from discriminator and state and law
o Prohibited discrimination in employment
o Created Equal Employment Opportunity Commission to monitor and enforce bands
Equal Rights Amendment
If your grandfather was a voter before the Civil War, you were exempt from the Literacy Test
The Bakke Case --> Regents of the University of California v Bakke
Bakke (white male) brought suit against the University of California at Davis Medical School on the grounds that, in denying him admission, the school had discriminated against him on the basis of his race. (that year the school had reserved 16 of 100 available slots for minority applicants).
The Supreme Court ordered the school to admit Bakke
Equal protection clause
The provision of the 14th Amendment guaranteeing citizens "the equal protection of the laws." This clause has been the basis for the civil rights of African Americans, women, and other groups
Five slaves count as three free persons
This was how slavery was dealt with.
When both the national government and the states remain supreme within their own spheres
USA uses this.
When states and the national government share powers and policy assignments.
EX: schools, roads
3 main requirements:
Recommended textbook explanations
Magruder's American Government
United States Government: Our Democracy
Donald A. Ritchie, Richard C. Remy
Magruder's American Government (Texas)
Daniel M. Shea
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