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Cooperative Federalism
A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.
SYSTEM SHIFT AFTER 1930s GREAT DEPRESSION
State of Nature
A world w/o government where the people are free with no laws
Limited Government
NO tyranny, checks and balances and distribution of power among many acting members,
A principle of constitutional government; a government whose powers are defined and limited by a constitution.
Democracy
A system of government that gives power to the people, whether directly or through elected representatives.
Interests and Issues to be settled
Interests: Large Vs small states, Commercial vs Agrarian states, Rich vs Poor states, Northern Vs Southern States.
Issues: Prevention of Tyranny, National power vs state power, Representation, Taxation, Slavery, Voting rights
Constitutional Compromises
The Great Compromise, Three Fifths Compromise, Slave Trade and Commerce Compromise, Electoral College Compromise
Three-Fifths Compromise
Article I, Section 2, Clause 3
- 3/5 of slaves counted towards representation and taxation
- 13th and 14th amendments override
- Must be male, white, Property owning and 21 to vote
- South wanted for representation, not taxation, and north wanted opposite
federalism
A system in which power is divided between the national and state governments
categorical grant
Funds provided for a specific and clearly defined purpose.
Cross cutting requirments (NOT ON TEST)
made to try and increase the uniformity across the states
Government
The formal vehicle through which policies are made and affairs of state are conducted.
Natural Rights
Can't be taken away by a monarch, not given from gov. born with them
Popular Sovereignty
By nature, the power to govern is in the hands of the people
Social Contract
In order to protect the ppl's natural rights, the ppl willingly give some of their power from popular sovereignty to the government
gov. CANNOT violate this contract, if they do, the people can revolt
What ideas are in the Declaration of Independence?
-Natural rights (Locke)
-Popular Sovereignty
-Social Contract (Locke)
-Republicanism (Locke)
-Limited Gov
ALL ARE ENGLIGHTENMENT IDEAS
Republic
A government rooted in the consent of the governed; AKA a representative or indirect democracy. (REPRESENTATIVES carry out decisions based on what the people want)
Has checks and balances + sep. of powers
Oligarchy
A form of government in which the right to participate is conditioned on the possession of wealth, social status, military position, or achievement.
Direct Democracy
Eligible citizens vote directly for the bills and laws
Indirect Democracy
The representatives vote on behalf of the people
Majority Rule
The political party in each house of Congress with the most members.
Elite Model of Representative Democracy
Wealthy, educated people participate in politics and vote on bills, etc.
Benefit: allows for the educated to make good decisions for everyone
Pluralist Democracy
Groups of people associate with interest groups who then compete to influence policy
Benefit: Represents chunks of people w/ similar ideas
Participatory Model of Representative Democracy
Citizens influence the politicians and the politicians carry out the decisions
Broad participation in politics
Benefit: allows for everyone to participate, avoids tyrant power of a king ex. town halls
Political Culture
Commonly shared attitudes, beliefs, and core values about how government should operate.
Mayflower Compact
Document written by the Pilgrims while at sea enumerating the scope of their government and its expectations of citizens.
Declaration of Independence
Document drafted by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain.
Virtual Representation
The political theory that a class of persons is represented in a lawmaking body without direct vote. This is what the US did not like and a main reason for the declaration of independence.
Northwest Ordinance
Statehood is for all, each state gets power to make their own decisions (Like federalism where the federal gov, and states both have influence)
Shay's Rebellion
A 1786 rebellion in which an army of 1,500 disgruntled and angry farmers led by Daniel Shays marched to Springfield, Massachusetts, and forcibly restrained the state court from foreclosing mortgages on their farms. This was impotant because the inability of the state to deal with this shed light on the need for a stronger central governmernt.
Weaknesses of Articles
No power to collect taxes
No judicial/court system
No executive branch to enforce the laws
9/13 votes to enact laws, 13/13 to amend the Articles (impossible for all to agree)
Strengths of Articles
Northwest Ordinance (statehood, all states get power)
Establishes Republican gov., giving power to the people
Why they wanted a Republic
Fear of Mob Rule
Reinforcement of Federalism
Fear of the uneducated ruling
Size of the country (large)
Preexistence of states
Counter the influence of factions
The Demographics of the Signers of Constitution
Men, Wealthy, Educated, Lawyers
Constitutional Clauses
Necessary and Proper Clause (Art 1 Sect 8 Clause 18)
Full Faith and Credit Clause (Art 4 Sect 1)
Supremacy Clause (Art 5 Sect 1 Clause 2)
Commerce Clause (Art 1 Sect 8 Clause 3)
Great Compromise
- Combination of New jersey plan and virginia plan,
- 3 branched of government
- bicameral legislature(House of Rep and Senate), based on population and equal representation.
- Senate has 2 per state.
- Bills must pass out of both houses.
Slave Trade and Commerce Compromise
Article 1 Section 8
- Government allowed to regulate commerce
- fed gov will tax imports not exports(Encouraged local buying)
- Eliminated importation of slaves after 1808, but did not end slavery and escaped slaves had to be returned
Electoral College Compromise
Article 2 section 1
- electors for states based on representation(# Sen + #Reps = #Electors)
- electors vote for president
- Combination of Congressional Selection and popular vote
- scared a democratically elected president could become tyrannical
Amendment Process
Formal:
Proposed by ⅔ vote in both houses or National Convention by ⅔ of state legislatures
Approved by state legislatures is ¾ of states or ratified by conventions in ¾ of states
Informal: Congress, President, State and Federal Courts, Political Parties, Technology
Virginia Plan
Rep based on population, bicameral legislature, 3 branches of gov
New Jersey Plan
3 branches of Gov, unicameral with equal rep. for each state
House of Representatives
the lower house of Congress, consisting of a different number of representatives from each state, depending on population
Senate
The upper house of Congress that has equal representation for each state
Congress
the bicameral legislature of the United States government
The president
the head of the executive branch of the federal government, responsible for the execution and the enforcement of the law
U.S. Supreme Court
The highest court in the federal governments, the judicial power of the US, the final arbiter of the Constitution and federal law
Seperation of Powers
A way of divifding the power of government among the 3 branches, with equality and independence between the 3 branches
Checks and Balances
The structure of the government that allows each of the branches to exert some power over another branch.
federalists
Those who wanted a stronger central gov and supported the proposed US constiution; later became first US political party
Anti-Federalists
people who favored strong state governments and a weak national government; opposed constituion
Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.
Brutus 1 - Anti-federalists
-Central gov was too powerful under the central gov, and the states would be irrelevant
-Cited Necessary and Proper, Supremacy, and Commerce clause
- Smaller Republics were better, large republics would be corrupt and inefficient
- Represented interests of small poorer farmerrs and merchants in US
Bill of Rights
the first 10 amendments to the Constitution, outlining the basic rights of the people of the US; Promise of addition of this is what allowed the people to ratify the constitution
1-8 >>>> Liberties and rights of individuals
9-10 >>>>> Reserved power for individuals and states
Fed 10
- factions are inevitable and necessary, but needed to be controlled
- Cannot control their causes because liberty would need to be eliminated
- large republic limits the effects of factions
- Large republic prevents corruption in government
- represented the interests of the wealthy elite
Delegated/Expressed/Enumerated powers
Powers of the federal government that are listed explicitly in the constitution.
- Declare war
- Coin money
- Regulate interstate commerce
- Conduct foreign policy
- Establish Post office
- Admit new states
Concurrent Powers
Powers held jointly by the national and state governments.
-Levy taxes
- Establish Court systems
- Build roads
- Borrow Money
- Establish banks
- maintain law and order
- private land for public use
Reserved Powers
Powers given to the state government alone(anything not in Constitution)
- Regulate licenses
- Interstate commerce
- establish local governments
- Create schools
- Pay for federal elections
- Ratify Amendments
Dual Federalism
A system of government in which both the states and the national government remain supreme within their own spheres, act independently of one another
Principles of the Constitution
popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism
regulated federalism
a form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards
- Federal programs and unfunded mandates
- grant in aid
- State and local officials
Shift in the 1960s
New Federalism
system in which the national government restores greater authority back to the states
- State programs and policies
- Federal block grants
- State and local officials
shift in 1970s to 90s with Nixon and Reagan
Devolution
the transfer of powers and responsibilities from the federal government to the states
10th Amendment
Powers Reserved to the States
McCulloch v. Maryland
Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law. Strengthened the power of federal gov by using the supremacy clause.
US vs Lopez
The Court held that Congress had exceeded its commerce clause power by prohibiting guns in school.
Restricted the power of the federal gov because it limited what was allowed under the commerce clause
Marbury v. Madison
This case establishes the Supreme Court's power of Judicial Review
mandate
an official order or commission to do something.
Block grant
a large grant given to a state by the federal government with only general spending guidelines
Nullification Doctrine
the idea that a state can nullify or cancel a federal law that they dont like
Grant-in-aid system
funds given by the federal government to state and local governments
unfunded mandates
Programs that the Federal government requires States to implement without Federal funding.
Direct order mandate (NOT ON TEST)
Have to do it and they cannot ignore it
Preemption (NOT ON TEST)
Tells the states what they cant do rather than what they can do
Crossover sanctions (NOT ON TEST)
tells the states if they dont do something in a mandate, they lose funding somewhere else