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Government Unit 1

Terms in this set (61)

The ____ devised a representative democracy to govern the US.
What is a representative democracy?
- framers
- when the people elect someone to go and fight for what we want
What are the 7 basic tenets?
personal liberty, political equality, popular consent, majority rule, popular sovereignty, civil society, religious faith and freedom
Explain personal liberty
**MOST IMPORTANT CHARACTERISTIC OF AMERICAN DEMOCRACY**
people's freedom from gov.... people aren't forced to act a certain way
what is an example of a personal liberty being violated?
seatbelt laws
What is the patriot act?
when the gov is allowed to look at your calls, texts, internet search... this did this after 9/11 to prevent terrorist acts
explain political equality
all citizens are equal "one person=one vote"
explain popular consent
the gov must draw their powers from the consent of the governed
explain majority rule
the majority 50%+ wins
explain popular sovereignty
notion that the ultimate authority in society rests with the people
explain civil society
a society where citizens can gather and express their veiws/ feelings publicly as they engage in an open debate about public policy
explain religious faith and freedom
(1st amendment) many of the first settlers came to US to escape religious persecution.... you can believe what you want
What is social contract?
An agreement between the people and the gov signifying their consent to be governed... bring stability and order
What is the mayflower compact?
in 1620 pilgrims came over... this stated gov will make just/equal laws with consent of the people... FIRST social contract
What 6 things did John Locke (social contract theory) believe?
- people are born good and equal
- gov should protect life, liberty, property
- if gov is corrupt the people have a right to revolt
- the social contract basis of those who rule
- gov should be weak
- heavily influenced thomas jefferson and DOI
What 5 things did Thomas Hobbes believe?
- also agreed power of gov came from consent of the people
- thought people were brutal by nature
- without gov people would live like animals (strong would dominate)
- giving up liberty to the ruler is a small price to pay because the gov is keeping you safe
- gov should be strong/have a strong ruler
Where did the colonist go to work out their problems with the king?
The 1st continental congress in Philly in October 1774
When did the 2nd continental congress meet?
- colonist adopt the ___ ___ ___ and this was the last attempt to stop war (July 5, 1775); the king rejects it and send over ____ more troops
_ Thomas Pine writes ____ ____ and argues independance from GB in a very simple way (___ out of ____ colonist read it)
- ____ ____ is named commander in chief on continental army
- Philly may 1775
- Olive Branch Petition; 20,000
- Common Sense; 1/13
- George Washington
What is the DOI and when was it written?
Who wrote most of it and who was he influenced by?
- laid the reasons for the colonists separation from GB; July 4, 1776
- Thomas Jefferson; Locke
- The ___ ____ ____ is the 1st attempt of gov and it created a ____ ____ ____ between the 13 colonies
- What is a type of gov where national gov derives its power from the states; a league of independant states?
- AOC; League of friendship
- Confederation
What are the three types of gov?
1. National/US/federal/Central
2. State
3. local
The AOC granted the states to have ____! Congress could raise an army but not a ____ one, declare ____, sign treaties, and ____ money... but the ____ remained in the states. (all the states were doing their own thing)
- power
- national
- war
- coin
- power
What were the 9 problems wrong with the AOC?
- no president
- lack of a strong central gov
- only one vote per state
- they couldn't regulate trade and commerce
- there is no judicial branch
- 9/13 states needed to pass a law
- 13/13 states needed to change AOC
- congress has no power to tax
- states have all the power ( 13 individual countries)
Why didn't the colonist want a president?
they feared a king
What was the AOC biggest flaw?
lack of a strong central gov
Why was only one vote per state bad?
the big states got screwed because they had soooo many people but they got the same amount of representation as a state with a small amount of people
Have no judicial branch caused what problem?
different laws in different states
When did GW and Alexander Hamilton call for a AOC revision?
1785-1786
- Explain shay's rebellion.
- what was the result
- 1786-87 in Massachusetts Daniel Shay (farmer) was mad because farms were closing. He got more farmers to protest which caused a HUGE riot. No one wanted to help Massachusetts.
- the result of shay's rebellion showed the weaknesses of the AOC
why did shay's rebellion show the weaknesses of the AOC?
because the national leaders and elites realized that there were no federal power to protect private property. (1500 people were taking down a state... they realized that wan't good)
____ ____ ____: aka the large state plan sets an agenda for convention... the number of ____ (congress, legislative branch) should be based on state ____.... More people=more ____; the big state's opinion will always ____
- the virginia plan
- representatives
- population
- votes
- win
____ ____ ____ ____: aka the small state plan.... wanted to keep the "vote" the ____. (one vote per ____)
- the new jersey plan
- same
- state
____ ____ ____: mix of both plans
- there would be a 2 house (____) legislature.... one house (later called House of Representatives** always ____ reps***) elected ____ by ____ and its representatives are related to their state ____. (1 rep. for every _____ people in that state... bigger the state=____ reps)
- another house (later called the Senate) selected by the state ____ and each state get ____ reps. ( ____ ____)
- the Great Compromise
- bicameral
- 435
- directly
- people
- population
- 30,000
- more
- legislature
- 2
- equal representation
The 3/5 compromise:
- free person and 3/5 of all other persons (____) go toward population to get more ____
- southern states wanted slaves to count as ____ but Northern states didn't want that
- slaves
- representation
- people
To win the presidency you go by ____ votes not "majority" rule. Each state has a number (House of Rep + 2 senate) and the president wins the votes by "____" each state. They have to get at least ____ of the electoral votes
- electoral
- winning
- 270
Voters will vote for who they want which will then go to the ____ who will vote "with the people" (the ____ of their votes) and officially send their vote in for the president on behalf of the people.... this is a thing because in the beginning the framers didn't _____ the people.
- electors
- majority
- trust
There is separation of powers and checks and balances between each _____ gov.
Define federalism:
- branch
- divides power between strong national gov and individual state gov
Separation of Powers:
- ____ _____ and the framers feared putting too much power in the hands of one branch or person
- the are 3 branches (____, ____, ____)
- James madison
- leg, exec, jud
Leg:
exec:
jud:
- congress (senate and house of rep) write and makes and pass laws
- president, vp, cabinet who enforce and initiate laws and veto bills
- supreme court and other federal courts who interprets constitution and laws
Checks and balances:
- constitution mandated structure that gives each of the 3 branch of gov some degrees of _____ and ____ over actions of other branches
- oversight and control
House of rep:
- # of them
- term
- how selected
- requirements
- 435
- 2 years
- people vote
- 25 years old, 7 year US citizenship, must live in state selected
Senate:
- # of them
- term
- how selected
- requirements
- 100
- 6 years
- people vote
- 30 years old, 9 year US citizenship, must live in state selected
President:
- # of them
- term
- how selected
- requirements
- 1
- 4 years (2x)
- electoral votes
- 35 years old, born in the US, 14 years living in the US
Supreme Court:
- # of them
- term
- how selected
- requirements
- 9
- life
- president
- NONE
Article 1: (Leg branch)
- bicameral, senate and house of rep
- set out terms for ____, methods of selection and apportionment
- Sec. 8 lists ____ ____: 17 specific powers granted to cong.
- ____ and ____ _____/____ ____: last clause of section 8 which give cong. the authority to pass all laws "necessary and proper" to carry out the enumerated powers... some of the framers didn't like this because they thought it gave ____ and ____ too much power
- ____ ____: powers derived form enumerated powers and necessary proper clause. These powers aren't stated in the const. but are considered to be implied.
- office
- enumerated powers
- necessary and proper clause/elastic clause
- federalists and congress
- implied powers
Article 2: (exec branch)
- exec power to ____ laws
- president has a ____ year term
- qualifications for ____ of office (ex. president has to be a natural born citizen)
- lists the power of the office (ex. president is commander in chief of armed forces)
- President must report to congress from time to time (ex. ____ of the ____ ____)
- execute
- 4
- removal
- State of the union address
Article 3: (jud branch)
- est. only the ____ ____
- gives cong the power to est, but not require, ____ ____
- supreme court
- lower courts3w
Framers began asking states to hold ____ conventions (to ratify the constitution)
1.) tensions ran high from fall 1787 to summer 1788. some states were for ratification (____) and some not (____)
2.) state gov feared strong ____ ____
3.) framers/working class were fearful of ____ central gov. (many feared ____)
4.) wealthy merchants, lawyers, and bankers were in ____ of the constitution and thought we couldn't live without out.
- ratification
- federalist; anti fed
- central gov
- distant; change
- favor
What 3 things did fed belive?
What 3 things did anti-fed belive?
What did ratification believe?
- favored constitution, favored powerful gov, bill or rights wasn't needed
- opposed constitution, wanted weak federal gov, bill of rights was needed
- the bill of rights was the compromise (first 10 amendments in the constintuion)
The ____ ____: a series of 85 political essays written by Hamilton, James Madison, and John Jay
- wrote under name ____: for the people
- appeared in ____ papers
- in favor of _____ of constitution
- highlighted the reasons for the structure of the new ____ and its ____
- federalist papers
- publius
- NY
- ratification
- gov; benefits
____ ____ was about factions and ____ ____ was about separation of powers
- federalist 10
- federalist 51
____: system of gov where national gov and state gov share power
- US was ____ country to adopt the fed system
- US was a ____ under AOC- power from the states and it didn't work
- had to be different than a ____ system like in GB (local gov get authority from strong fed gov.
- federalism is a mixture between ____ and ____ system
- federalism
- 1st
- cofederation
- coffedartion , unitary
____ ____ view of _____: whenever a conflict exists between national and state gov the ____ ____ gov always wins
- National Supremacy view of federalism...National gov
What are 4 national powers under the Constitution?
- enumerated powers
- necessary and proper clause/elastic clause
- implied powers
- supremacy clause
State powers under constitution:
- ____ ____: states have power where no national law exists (ex. death penalty )
- ____ ____ (aka state powers): powers from the 10th amendment that gives states rights to legislate for the public health, safety and morals of its citizens
- 10th amendment
- reserve powers
What are the concurrent powers?
powers shared by national and state government as long as state gov doesn't come n conflict with any national laws (ex taxing... some states have income taxes that some states don't have to pay)
Powers denied under constitution:
- states can't make ____ without congress approval
- states can't ____ own money
- What is the Bill of Attainder?
- ____ ____ ____ ____: "after the fact" law that retroactively changes the legal consequences of actions that were committed before the enactment of the law (ex. E-cig story)
- treaties
- coin
- declaring a person guilty of a crime and then punishing them without a trial
- Ex Post Facto Law
Relations among the states:
- What is the full faith and credit clause?
- ____ and _____ ____: guarantees citizens of each state the same right as citizens in other states
- What is the extradition clause?
- in article IV ensures laws in one state will be binding and enforceable in other states
- privileges and immunities clause
- requires states to extradite/return criminals to states where they have been convicted to stand trial
____ vs ____ (1819): the 1st major SC decision to define the relationship between national and state gov.
- explain it
- McCulloch vs. Maryland
-2nd national bank chartered in 1818
- Maryland senate gov levied a tax against all banks not chartered by Maryland
- McCulloch (the boss) refuses to pay
- Maryland brings a suit against them
- Case goes to the SC and a Unanimous decision ruled in favor of McCullough
- Explain Dual Federalism:
- defined by 2 seperate gov (belief in ____ amendment)
- Each has its own sphere of ____ ( national gove doesn't exceed it ____ ____)
- characterized as a ____ ____
the belief that having separate and equally powerful lays of gov is the best arrangement
- 10th
- responsibility; enumerated powers
- layer cake
- Explain Dual Federalism changing:
- 17th amendment made senators ____ ____ by the people, not state legislatures
16th amendment- allows national gov to collect taxes
- directly elected
Explain cooperative Federalism:
- Explain Categorical Grants?
- Explain block grants?
the connected relationship between national, state, and local gov. that began with the new deal in the 1930s. We are now a MARBLE CAKE ( what we have now)
- grants/$ that's allocated by federal funds to states for a specific purpose (ex. bridge)... and ADVANTAGE is that is allows federal gov to have greater fiscal responsibility for the money and a DISADVANTAGE is that states can be black mailed by federal gov
- grants/$ from the national gov to the state gov, this is what states prefer! ADVANTAGE is that states use $ for specific needs of states and a DISADVANTAGE is that the federal gov don;t have much control over money so the states might waste it.
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