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Government Unit 1 (Mr. Nay's Honors Government)
Terms in this set (70)
the ability to make someone to do something or act in a particular way, especially as a faculty. human relationships.
means undisputed credibility/ authenticity has been vested in you
a small group of people having control of a country, organization, or institution.
a system of government in which all eligible citizens vote on representatives to pass laws for them.
Max Weber Theory
believed that bureaucracy was over towering. the dominant social and political reality is that all institutions, governmental and nongovernmental, have fallen under the control of large bureaucracies.
Have a mayor, municipal corporations recognized and chartered by the state.
a state in which supreme power is held by the people and their elected representatives, and which has an elected or nominated president rather than a monarch
-called for three governmental branches: legislative, executive, and judicial
-a national legislature would have the power over the states and the power to veto state laws
-at least 1 house of the legislature would be elected directly by the people
-proposed a strong national government
new mandate given with a date to get to that point ex. environmental laws
powers that the Constitution gives to both the national and state governments, such as the power to levy taxes
money given by the formal government, normally had a mandate or waiver attached. led to competition between states.
Bill of Attainder
an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without a trial.
Reserved Powers (10th Amendment)
a political power that a constitution reserves exclusively to the jurisdiction of a particular political authority
elected officials we give power to like the president and congress
a system of government by one person with absolute power.
a union of political units for common action in relation to other units.
all politics are tied to economics. working class will rise up and take down the upper middle class.
a theory of government and policy emphasizing that politics is mainly a competition among groups each pressing for its own preferred policies
defined land, territories that would eventually become states
rights that cannot be given away or taken away
New Jersey Plan
-Small states feared they would be over voted by larger one
-Planned to amend, not replace the old articles of confederation
-Enhanced the power of the national government in a way that left the states representation in congress unchanged
-Proposed a weak national government
If federal and state laws are mutually exclusive
If state law impedes the achievement of a federal objective
If Congress evidences a clear intent to preempt states law
Fed law "wholly occupies field"
-Counted slaves as 3/5 slaves counted as a person
-To counted they had to pay taxes
-New York was so influential that the other states might change their minds
Require states to follow federal directives (laws/orders) sometimes with the allure of funds as reward
Ex post facto law
retroactively criminalizes acts that were legal at the time they were committed
The supreme power to act within its territory and to control its external affairs
system of government or organization in which the powers of the separate constituent parts are vested in a central body
system of government in which citizens participate directly in the day-to-day affairs of government rather than through elected representatives
C. Wright Mills Theory
Believed knowledge was crucial to social change. Believed that only a few people made decisions for everyone
the continued effort to return original reserved powers to the states
Checks and Balances
under the Constitution, the process by which each branch of government restrains the power of another branch
largest territorial unit between state and city or town
-Also called the Connecticut compromise
-Because of the weather they had to finish earlier
-House allowed to originate bills for raising and spending money
-House of representatives now got elected by the people and the population
-Senate would have 2 votes per state and appointed by the state legislature
-The senate was more powerful
the formal institutions and processes through which decisions are made for a group of people
Enumerated Powers (Congress)
powers granted by the constitution
Separation of Powers
Check and balances of power. Article I- legislative branch that enacts the law. Article II- executive branch that enforces the law. Article III- judicial branch that interprets the law.
the right to a fair trial when you are arrested
Article 1; allowed for the direct election of senators; Age of 25 for House age of 30 for Senate age of 35 for President (natural born US citizen)
Each state only had one vote in Congress, regardless of size. Congress did not have the power to tax.
Congress did not have the power to regulate foreign and interstate commerce.
There was no executive branch to enforce any acts passed by Congress.
There was no national court system.
Amendments to the Articles of Confederation required a unanimous vote.
Laws required a 9/13 majority to pass in Congress.
Weaknesses of the Articles of Confederation
Criticisms of Direct Democracy
Known as the father of the constitution
Believed that people were naturally happy, tolerant, and reasonable
Federalists vs. Anti-Federalists
Federalists were people who supported the ratification of the constitution. Anti-Federalists did not support the constitution.
Bill of Rights
1st 10 amendments to the constitution. rights like freedom of speech, assembly, and worship.
*Elastic Clause/Necessary and Proper/Implied Powers
Article 1, Section 8, basically says congress can do the do and get do done.
*Commerce Clause (Article 1, Section 8)
Says Congress can "regulate commerce"
states that federal law is the supreme(above all) law
1. Form a more Perfect Union
2. Establish Justice
3. Insure Domestic Tranquility
4. Provide for a Common Defense
5. Promote General Welfare
6. Secure Blessings of Liberty
Purposes of Government (6)
written by James Madison, Alexander Hamilton and John Jay to convince people to ratify constitution
judicial check on power
*Marbury vs. Madison
The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the us constitution.
1. Said it had given rights 2. Most states had a bill of rights 3. The Framers thought they had already limited government
Reasons why the Constitution already protected Liberty
2/3 vote in each house of Congress or 2/3 of state legislatures can call convention.///
¾ of state legislatures or ¾ of state conventions agree
Proposing and Ratifying an Amendment
Pos: 1. Contributes to governmental strength, political flexibility, and fosters individual liberty
2.Small political units are more likely to be dominated by a single faction (could also be a negative)
3.Decentralizes authority, lowering the cost of political organization at the local level
4. facilitates political mobilization
1. blocks progress and protects powerful local interests
2. different political groups with different political purposes come to power in different places (could also be a positive)
3. duplication of offices and functions
4. Allows Discrimination
Positives and Negatives of Federalism
1. the money was there 2. federal income tax 3. federal gov't managed currency 4. politics
Reasons federal money was attractive to the states
A. sharing of power between local, state, and national governments. B. The Supremacy clause states that the laws and treaties made by the Federal government are the supreme law of the land. C. The tenth amendment -
Reserved Powers - allows for states to make their own decisions regarding anything that the federal government is not explicitly given power over. D. McCulloch v. Maryland - reinforced the supremacy clause; was the first time Supreme Court used their powers by exercising Judicial Review.
The United States has a unique system of federal government.
a. Define federalism
b. Identify and explain one constitutional provision that strengthens the federal government's
powers in relation to the states
c. Identify and explain one constitutional provision that maintains states' sovereignty
d. Select one of the following Supreme Court rulings and explain how the supreme court
interpreted the Constitution to shape the United States
-McCulloch v. Maryland (1819)
allows the Congress to levy an income tax without apportioning it among the states.
a.) 10th amendment gives reserved power to states, checks and balances to limit any one branch of too much power b.) The elastic clause allows the government to make necessary laws as times change. Inherent powers are powers that are not explicitly states in the Constitution but are given to the President and Congress in order for them to get their job done right which allows for flexibility.
1. The Framers of the Constitution and the Bill of Rights created a plan for a national government that had limitations but was also very flexible.
a. Identify and explain two principles that show the Framers' commitment to limiting the federal government.
b. Identify and explain two constitutional principles that allow government to be flexible.
Born out of wedlock
Huge football player, Deactur Central
:)Counties in IN
Full Faith and Credit Clause, Extradition Clause
Article 4; states must regard and honor one another's governments and laws;
Ratifying an Amendment
Article 5; last up to 7 years; ¾ of state legislature or ¾ of state conventions agree (21st Amendment)
the necessary and historic powers given to Congress/government by the Constitution that are not directly states in the Constitution
McCulloch v Maryand
Maryland questioned the legality of a congressionally created bank; reinforced supremacy clause and elastic clause
Gibbons v Ogden
Issues surrounding regulation of commerce; reinforced the commerce clause
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