Apgov unit 1 study guide

Comprehensive practice flashcards covering constitutional foundations, government branches, founding documents, landmark Supreme Court cases, and federalism concepts.

What is the distinction between power, authority, and legitimacy in government?

Power is the ability to get others to act; authority is the right to use power; legitimacy is political authority conferred by law or state constitution.

What are the different roles of the three main branches of government?

The legislative branch makes laws, the executive branch enforces laws, and the judicial branch interprets laws.

What is the difference between unitary and federal governments?

A unitary government places supreme authority in a central national government, whereas a federal government divides power between national and state/regional governments.

What are the main characteristics of "American democracy"?

Key characteristics include representative democracy, constitutional republic, separation of powers, federalism, protection of individual rights, and popular sovereignty.

What are the topics covered by the seven articles of the Constitution?

Article 1 covers the Legislative branch, Article 2 the Executive branch, Article 3 the Judicial branch, Article 4 state relationships, Article 5 amendment procedures, Article 6 supremacy and oaths, and Article 7 ratification.

What is Article 5 of the Constitution about?

Article 5 outlines the process for proposing and ratifying formal amendments to the U.S. Constitution.

What are the formal ways you can add an amendment to the Constitution?

Amendments are proposed by a two-thirds vote in both houses of Congress or by a convention called by two-thirds of state legislatures, and ratified by three-fourths of state legislatures or state conventions.

What does Article 6 of the Constitution explain?

Article 6 establishes the Supremacy Clause (making national laws superior to state laws), assumes pre-Constitution debts, and forbids religious tests for office.

Why does Article 7 make compromises necessary in the writing of the Constitution?

Article 7 required 9 of 13 states to ratify the Constitution, forcing framers to make compromises to gain sufficient state approval.

Which institutions of the government were original Constitutional structures under direct control of the people?

The House of Representatives was the institution most directly under the control of the voters.

In what ways did Madison limit the power of voters in the constitutional system?

Madison limited voter power through an indirectly elected Senate (originally chosen by state legislatures), the Electoral College, appointed judges, and extended representative republic structures.

What was the landmark result of Marbury v Madison?

Marbury v Madison established the principle of judicial review, granting courts the power to declare acts of Congress unconstitutional.

What individual rights are protected under each of the first ten amendments (Bill of Rights)?

1st: Speech, religion, press, assembly, petition; 2nd: Arms; 3rd: Quartering; 4th: Search/seizure; 5th: Due process/self-incrimination; 6th: Speedy trial/counsel; 7th: Jury trial; 8th: Cruel/unusual punishment; 9th: Non-enumerated rights; 10th: Reserved state powers.

Which Constitutional amendments specifically deal with voting rights?

The 15th (race), 19th (sex), 23rd (DC residents), 24th (poll tax prohibition), and 26th (18-year-old voting age) Amendments.

What is the primary purpose of the 14th Amendment?

To grant citizenship and equal legal and civil rights to all persons born or naturalized in the US, establishing national citizenship defaults over states.

Did the 14th Amendment result in more power for state governments or the national government?

It resulted in significantly more power for the national government relative to the state governments.

What does the due process clause of the 14th Amendment do?

It prevents state governments from depriving any person of life, liberty, or property without due process of law, serving as the basis for selective incorporation.

What does the equal protection clause of the 14th Amendment do?

It prohibits states from denying any person equal protection of the laws, serving as the core basis for civil rights enforcement.

What were the key political ideas of Thomas Hobbes?

Hobbes argued that human nature in a state of nature is cruel and chaotic, necessitating a social contract where citizens give power to an absolute sovereign to maintain order.

What were the key political ideas of John Locke?

Locke advocated for natural rights (life, liberty, property) and argued government exists by the consent of the governed to protect these rights.

What political ideas did Jefferson incorporate from Locke and Rousseau?

From Locke: natural rights and government by consent; from Rousseau: popular sovereignty and the social contract.

What were the political goals of the Federalists?

Federalists sought a strong central government, a national bank, stronger economic controls, and ratification of the Constitution.

What were the political goals of the Anti Federalists?

Anti Federalists favored strong state sovereignty, weak central government, direct democratic accountability, and a written Bill of Rights.

What were the main structural problems with the Articles of Confederation?

Lack of power to tax, no executive branch, no national judiciary, inability to regulate commerce, and requirement of unanimous agreement to amend.

How were votes divided in Congress under the Articles of Confederation?

Each state received exactly one vote in Congress, regardless of population size.

What was necessary for changes/amendments to be made to the Articles of Confederation?

Unanimous approval (all 13 states) was required to amend the Articles.

What was the political impact and result of Shay's Rebellion?

It highlighted the weakness of the central government under the Articles of Confederation, fueling momentum for the Constitutional Convention.

What was the proposal outlined in the Virginia Plan?

A bicameral legislature with representation in both houses based on population, favoring large states.

What was the proposal outlined in the New Jersey Plan?

A unicameral legislature with equal representation for each state, favoring small states.

How did the Connecticut Compromise (Great Compromise) resolve legislative representation disputes?

It created a bicameral legislature: the House of Representatives apportioned by population and the Senate with equal representation (two per state).

How does the Senate protect minority rights?

By giving equal vote/representation to smaller states, requiring supermajorities for key actions, and permitting extended debate rules.

What dispute caused the Three Fifths Compromise?

Disagreements between northern and southern states over whether enslaved persons should count toward state population totals for representation and direct taxation.

What other issues were part of the Three Fifths Compromise bargain?

A prohibition on banning the slave trade until 1808 and a prohibition on taxing exports.

What was the long-term political impact of the Three Fifths Compromise?

It gave southern slave-holding states disproportionate representation in the House of Representatives and Electoral College until the Civil War.

What is the constitutional function of the Supremacy Clause?

Located in Article VI, it declares the US Constitution, federal laws, and federal treaties to be the supreme law of the land over conflicting state laws.

What is the elastic clause (Necessary and Proper Clause)?

Article 1 Clause 18 grants Congress the authority to pass all laws necessary and proper for executing its enumerated powers.

What was the ruling and result of McCulloch v Maryland?

Confirmed implied powers of Congress under the elastic clause and established that states cannot tax federal operations based on the Supremacy Clause.

What was the outcome of Gibbons v Ogden?

Broadened federal authority under the Commerce Clause to cover interstate navigation and commercial activity across state lines.

What is the Commerce Clause?

Article 1, Section 8, Clause 3, granting Congress the power to regulate commerce with foreign nations, among states, and with Indian tribes.

What limits has the Supreme Court placed on the federal use of the commerce clause?

Rulings limiting federal regulation to activity that directly affects economic/interstate commerce, stopping non-economic mandates.

In what ways can the Constitution change informally?

Through judicial interpretation, executive actions/agreements, congressional legislation, and unwritten political practices/customs.

What does it mean to say that Congress has the "power of the purse"?

Congress holds exclusive constitutional authority to authorize government spending, impose taxes, and approve budget appropriations.

What checks does the president have on Congress?

The presidential veto, executive orders, calling special legislative sessions, and recommendation of legislation.

What checks does Congress have on the president?

Overriding vetoes (2/3 majority), power of appropriations, Senate confirmation of presidential nominees, treaty ratification, and impeachment/removal.

What key check does the judicial branch hold over the legislative and executive branches?

Judicial review, allowing federal courts to declare legislative statutes or executive acts unconstitutional.

What checks does the president have over the judicial branch?

Nomination of federal judges and judicial pardon powers.

What checks does Congress have over the judicial branch?

Senate confirmation of judicial appointments, authority to structure lower federal courts, altering jurisdiction, and legislative impeachment.

Which constitutional powers belong exclusively to the House of Representatives?

Originating tax bills, initiating impeachment charges, and selecting the President if no electoral majority is met.

Which constitutional powers belong exclusively to the Senate?

Trying impeachment cases, approving presidential nominations, and ratifying foreign treaties.

What were the main arguments in Federalist #10?

Madison argued that factions are inevitable, but a large federal republic naturally controls their mischievous effects better than a direct democracy.

What were the main arguments in Federalist #51?

Madison explained how separation of powers and checks and balances ensure that ambition counteracts ambition to safeguard liberty.

What were the main arguments in Federalist #70?

Hamilton advocated for an energetic, unitary executive (single president) capable of prompt and decisive decision-making.

What were the main arguments in Federalist #78?

Hamilton argued that the judiciary is the least dangerous branch, requires lifetime tenure for independence, and must exercise judicial review.

What were the main arguments in Federalist #39?

Madison demonstrated that the proposed Constitution establishes a government that is uniquely hybrid: both national and federal.

How are factions defined in Federalist #10?

Groups of citizens united by a common interest or passion that is contrary to the rights of others or the permanent interests of the community.

According to Madison, what can government do about factions?

It cannot remove the causes of factions without destroying liberty; it can only control their effects through a large republic.

Why did Madison originally think a written Bill of Rights was unnecessary?

He argued the federal government only possessed specifically enumerated powers and that listing rights might imply unlisted rights were unreserved.

How is federalism defined in American government?

A constitutional division of power between a central national government and regional state governments.

What are key advantages of utilizing federalism?

Promotes policy innovation across states, checks centralized power, accounts for regional diversity, and expands civic participation opportunities.

What are key disadvantages of utilizing federalism?

Creates policy inequality across state lines, produces jurisdictional confusion, and allows regional obstruction of civil rights.

What are the four primary clauses in Article 4 of the Constitution?

Full Faith and Credit Clause, Privileges and Immunities Clause, Extradition Clause, and Guarantee Clause (republican form of government).

How does the Tenth Amendment impact federalism?

It explicitly reserves powers not delegated to the national government to the states or to the people.

How does the 14th Amendment impact federalism?

It restricts state power by requiring states to uphold due process and equal protection, nationalizing individual Bill of Rights protections.

What are concurrent powers in federalism?

Powers shared simultaneously by both national and state governments, such as levying taxes and building courts.

What are exclusive powers in federalism?

Powers assigned exclusively to the national government, such as declaring war, coining money, and negotiating foreign treaties.

What are reserved powers in federalism?

Powers kept exclusively by the states under the 10th Amendment, such as establishing local school systems and conducting elections.

What are clear examples of exclusive, reserved, and concurrent powers?

Exclusive: Coining money; Reserved: Regulating intrastate commerce and driver licenses; Concurrent: Income taxation.

Which level of government holds constitutional control over voting rights and election execution?

State governments hold primary responsibility for election administration, subject to federal constitutional amendments and anti-discrimination laws.

What policy spheres tend to be left under state government authority?

Public education, police powers (safety/health), licensing, family law, and intrastate business regulation.

What policy spheres fall directly under national government authority?

Foreign defense, immigration regulation, interstate commerce, and currency.

How would you describe dual federalism ("layer cake federalism")?

A federal arrangement where state and national governments operate strictly within clear, distinctly defined spheres of separate power.

How would you describe cooperative federalism ("marble cake federalism")?

A federal system where national and state governments collaborate and share policy administration, funding, and execution.

What was the ruling result of United States v Lopez?

The Supreme Court limited federal Commerce Clause power by striking down the federal Gun-Free School Zones Act.

What are examples of the national government expanding control over traditional state powers?

Using conditional federal highway grants to mandate state drinking age laws or issuing environmental mandates.

What tools does the national government use to direct state policy?

Categorical grants, federal mandates, unfunded mandates, and preemptive legislation.

What tools or constitutional features give state governments leverage or autonomy against federal power?

The Tenth Amendment, block grants, state constitutions, sovereign immunity, and political lobbying via interstate organizations.

What is a block grant?

Federal financial aid provided to states for broad, general policy areas with minimal attached conditions.

Why do state governments prefer block grants over categorical grants?

Block grants offer maximum local flexibility and autonomy in spending decisions without rigid federal stipulations.

What is a categorical grant?

Federal funding allocated to states for specific, narrowly defined administrative programs with strict requirements.

Why does the national government prefer categorical grants over block grants?

Categorical grants allow federal authorities to retain oversight and force compliance with national policy priorities.

What is a project grant?

A specific type of categorical grant awarded through competitive application processes for individual projects.

What is a federal mandate?

A requirement or order imposed by the federal government requiring states to implement specific policies or standards.

How is an unfunded mandate different from a standard federal mandate?

An unfunded mandate forces state compliance without providing federal funding to cover implementation costs.

What was the political movement known as "New Federalism"?

A political philosophy focused on returning federal decision-making powers back to state governments through devolution.

What is devolution in federalism?

The transfer or delegation of power and authority from the national government back to state and local governments.

What key arguments support the strategy of devolution?

Local governments understand community needs better, state management increases policy efficiency, and localized authority limits federal overreach.

What does it mean to say that states function as "Labs of Democracy"?

States can independently experiment with novel policy solutions locally, allowing successful programs to be replicated nationally or by other states.