Federal Government Exam 1

constitutionalism

a form of governemnt structured by law, provdies for limited government

constitutional governments can be democracies or monarchies

in the U.S. the federal constitution created the governmental structure, and this system of government reflects both the historical experiences and the norms and values of the founders

constitution

the fundamental principles of a government and the basic structures and procedures by which the government operates to fulfill those principles

the judicial branch

has authority to resolve conflicts over the law

declaration of independence

3 ground breaking principles

all men are equal and have natural rights (unalienable)

government must be based on consent of the governed

if a government is not protecting the rights of the people, the people have the duty to abolish it and create a new government

articles of confederation

delegates to the second continental congress distrusted a strong distant central government

a union of independent states in which each state retains its sovereignty, rights, and power

shay’s rebellion

in 1786 highlighted the weaknesses of the national confederacy and the need for a central government

dual sovereignty

sovereignty shared between a central government and regional governments

13th amendment (1865)

made slavery illegal

14th amendment (1868)

all people born or naturalized in the U.S. are citizens of the U.S. and the state where they live

no state can take away life, liberty, or property without the due process of law or deny people the equal protection of the law

15th amendment (1870)

prohibited the federal government and staes from denying a citizen the right to vote based on race, color, or previous condition of servitude

separation of powers

separation of governing functions among 3 branches of government so that no one group of officials controlled all the governing functions

presidential power

commander in cheif (head of military), veto authority, appointments (supreme court justices, cabinet members, ambassadors, and federal judges), pardon power (for federal offenses)

confederal system

government structure in which several independent sovereign states agree to cooperate on specified policy matters by creating a central governing body; each sovereign state retains ultimate authority over other governmental matters within its borders, so the central governing body is not a sovereign government

supremacy clause

states the constitution and the treaties and laws created by the national governmen is compliance with the constitution are the supreme law of the land

3/5th compromise

it dictated that three-fifths of the enslaved population would be counted when determining a state's total population for both legislative representation and direct federal taxes

checks and balances

if one branch tries to move beyond its own sphere or to behave tyrannically this arrangement ensures that other branches can take action to stop it

constitutional democracy

type of government where a constitution creates a representative democracy in which the rights of the people are protected

great compromise

disagreement and negotiation over the virginia and the new jersey plans resulted in this

created todays bicameral congress, with state representation in the house of representatives is based on the state population and equal state representation in the senate

electoral college

electors from all states compose this, the body of citizens that actually selects the president and the vice president

veto

presidents rejection of a bill

advise and consent

U.S. senate’s authority to approve or reject president’s top appointments and ratify treaties

marbury v madison (1803)

supreme court case that established the power of judicial review

judicial review

supreme court has the authority to determine whether an action taken by any government officail or governing body violates the supreme law of the land (constitution)

federalists

supported the Constitution as presented by the convention delegates

anti federalists

opposed the Constitution on the grounds that it gave the national government too much power—power that would erode states’ authority and endanger individual freedoms

federalist papers

federalist-made (james madison, alexander hamilton, and john jay) arguments in a series of essays

each essay addressed different aspects of the ratification debate

wanted to achieve ratification by convincing the public and state legislators that the constitution would empower the new nation to succeed

bill of rights

first 8 amendments establish governments legal obligation to protect civil liberties (freedom of speech, assembly, and the press)

9th amendment indicates list of liberties is not exhaustive

10th amendment preserves the states rights

restrict the powers of the national government

federal system

innovative system of government with dual sovereignty

unitary system

central government is the sovereign government, it can create other governments and delegate governing powers and responsibilities to them, cana take away any governing powers and responsibilities it delegated

concurrent powers

basic governing powers: authority to make policy, raise and spend money, implement policies, and establish courts to resolve conflicts over the law

economic equality

a state where individuals in a society have similar access to wealth, resources, and opportunities

necessary and proper clause

allows congress to broadly interpret the enumerated powers of the national government

strict scrutiny

courts use this test to hear a challenge to laws with suspect classifications