American Federal Government Exam 1

Government

The formal vehicle through which policies are made and affairs of state are conducted

Politics

The study of who gets what, when, and how- or how policy decisions are made

Functions of government

Ideas drawn from Preamble to the Constitution

Establishing justice

Ensuring domestic tranquility

Providing for common defense

Promoting general welfare

Securing the blessing of liberty

Types of government

Monarchy- vests power in one in the interest of all

Totalitarianism- vests power in one in self-interest

Oligarchy- vests power in few in their own interest

Democracy (direct/indirect)- power for the people

Aristotle's Classification

Rule by: |Public: |Self:

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One |monarchy |tyranny

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The few |aristocracy |oligarchy

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The many |polity |democracy

Locke

Social contract theory, the notion of popular consent was central to the Declaration of Independence

Declaration of Independence

Document drafted by Thomas Jefferson in 1776 that proclaim aimed the right of the American colonies to separate from Great British

Direct democracy

A system of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule

Indirect democracy

A system of government that gives citizens the opportunity to vote for representatives who work on their behalf

Political culture

Commonly shared attitudes, beliefs, and core values about how government should operate

Political ideology

The coherent set of values and beliefs about the purpose and scope of government held by groups and individuals

Four functions political scientists attribute to ideology

Explanation- ideologies can offer reasons why social and political conditions are the way they are, especially in time of crisis

Evaluation- ideologies can provide standards for evaluating social conditions and political institutions and events

Orientation- much like a compass, ideologies provide individuals with an orientation towards issues and a position within the world

Political program- ideologies help people make political choices and guide their political actions

Political ideologies

Conservative- one who favors limited government intervention, particularly in economic affairs

Social conservative- one who believes that the government should supports and further traditional moral teachings

Liberal- one who favors greater governments intervention, particularly in economic affairs and in the provision of social services

Moderate- a person who takes a relatively centrist or middle-of-the-road view on most political issues

Statist- one who believes in extensive government control of personal and economic liberties

Libertarian- one who believes in limited government interference in personal and economic liberties

Demographic changes

Less family size after 1949

Tenets of American democracy

Mercantilism

An economic theory designed to increase a nation's wealth through the development of commercial industry and a favorable balance of trade

Seven years' war

The French and Indian was fought from 1756 to 1763 on the western frontier of the colonies and in Canada, was part of a global war initiated by the British, then the greatest power in the world. This American phase of what was called the seven years war was fought between Britain and France with Indian allies. To raise money to pay for the war as well as the expenses of administering the colonies, parliament enacted the sugar act in 1764.

Stamp act congress

Meeting of representatives of nine of the thirteen colonies held in New York City in 1765, during which representatives drafted a document to sent to the king that listed how their rights had been violated

Coercive act

King George's first act of retaliation was to persuade parliament to pass the coercive acts of 1774. Known in the colonies as the intolerable acts, the contained a key provision calling for a total blockade of Boston harbor, cutting off Bostonians' access to many foodstuffs, until restitution was made for the tea

Continental congress

At the request of the colonial assemblies of Massachusetts and Virginia, all but Georgia's colonial assembly agreed to select a group of delegates to attend a continental congress authorizes to communicate with the king on behalf of now-united colonies

Common sense

In January 1776, Thomas Paine, with the support and encouragement of Benjamin Franklin, issued (at first anonymously) common sense, a pamphlet forcefully arguing for independence from Great Britain. Common sense galvanized the American public against reconciliation with Great Britain.

Declaration of Independence

Document drafted largely by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain. On July 2, 1776, twelve of the thirteen colonies (with New York abstaining) voted for independence. Two days later, the second continental congress voted to adopt the Declaration of Independence, largely penned by Jefferson

Articles of confederation

The compact between the thirteen original colonies that created a loose league of friendship, with the national government drawing its powers from the states.congressed passes the articles in late 1777. March 1781 the articles were ratified creating a type of government called the confederation

Constitutional convention

February 21, 1787 congress passed an official resolution.it called for a constitutional convention in Philadelphia for "the sole and express purpose of revising the articles of confederation". However many delegates who gathered in sweltering Philadelphia on May 25, 1787, we're prepared to take potentially treasonous steps to preserve the union. 55 delegates staten the constitutional convention

U.S. Constitution

A document establishing the structure, functions, and limitations of government. September 17, 1787 the delegates approved the U.S. Constitution

Delegates at the constitutional convention

All men, hence they are often called the "founding fathers" or framers

Quite young, twenties or thirties except franklin who was 81

17 owned slaves

Brought political, educational, legal, and business experience

New Jersey plan

A framework for the constitution proposed by a group of small states. It's key points were a one-house legislature with one vote for each state, a congress with the ability to raise revenue, and a Supreme Court with members appointed for life

Key features

-strengthening the articles, not replacing them

-creating a one-house legislature with one vote for each state and with representatives chosen by state legislature

-giving congress the power to raise revenue from duties on imports and from postal service fees

-creating a Supreme Court with members appointed for life by the executive

Virginia plan

The first general plan for the constitution offered in Philadelphia. It's key points were a bicameral legislature, as well as an executive and a judiciary chosen by the national legislature

Key features

-creation of a powerful central government with three branches--- the legislative, executive, and judicial

-a two-house legislature with one house elected directly by the people, the other chosen from among persons nominated by the state legislatures

-a legislature with the power to select the executive and the judiciary

Separation of powers

A way of dividing the power of government among the legislative, executive, and judicial branches, each staffed separately, with equality and independence of each branch ensured by the constitution

Key features

-three distinct branches of government: the legislative, the executive, and the judicial

-three separately staffed branches of government to exercise these functions

- constitutional equality and independence of each branch

Checks and balances

A constitutionally mandated structure that gives each of the three branches of government some degree of oversight and control over the actions of the others

The power of each branch of government is checked, or limited, and balanced because the legislative, executive, and judicial branches share some authority, and no branch has exclusive domain over any single activity

Three-fifths compromise

Agreement reached at the constitutional convention stipulating that each slave was to be counted as three-fifths of a person for purposes of determining population for representation in the U.S. House of Representatives

committee on unfinished portions

sole task was ironing out problems and disagreements concerning the office of chief executive. The committee recommended that the presidential office be fixed at four years instead of seven, as had earlier been proposed. the committee also made it possible for a president to serve more than one term.

articles of the constitution

the document signed by the framers condensed numerous resolutions into a Preamble and seven separate articles remedying many of the deficiencies within the articles of confederation. the first three established the three branches of government, defined their internal operations, and clarified their relationship with one another. the four remaining articles define the relationships between the states, declare national law to be supreme. and set out methods of amending and ratifying the constitution.

article 1: the legislative branch

article 2: the executive branch

article 3: the judicial branch

articles 4: begins with full faith and credit clause, which mandates that states honor the laws and judicial proceedings of other states. also includes mechanisms for admitting new states to the union.

article 5: specifies how amendments can be added to the constitution

article 6: contains the supremacy clause, which asserts the basic primacy of the constitution and national law over state laws and constitutions. the supremacy clause provides that the "constitution, and the laws of the U.S." as well as all treaties are to be the supreme law of the land.

article 7: also specifies that no religious test shall be required for holding any office

enumerated powers

the powers of the national government specifically granted to the congress in article 1, section 8 of the constitution

implied powers

the powers of the national government derived from the enumerated powers and the necessary and proper clause

electoral college

gave individual states a key role, because each state would choose electors equal to the number of representatives it had in the house and senate

federalists

those who favored a stronger national government and supported the proposed U.S. constitution; later became the first U.S. political paper

anti-federalists

those who favored strong state governments and a weak national government; opposed ratification of the U.S. constitution

the federalist paper

a series of eighty-five political essays written by Alexander Hamilton, James Madison, and John Jay in support if the ratification of the U.S. constitution

bill of rights

the first ten amendments to the U.S. constitution, which largely guarantee specific rights and liberties, ratified in 1791

constitutional amendment process

slow process to guard against impulsive amendments of the constitution

judicial review Marbury v. Madisop

as early as 1803, the supreme court declared in Marbury v. Madison that federal courts had the power to nullify acts of the nation's government when the courts found such acts to conflict with the constitution

federalism

the federal principle or system of government.

unitary government

system of government in which the local and regional governments derive all authority from a strong national government

confederation

national government derives authority from states

supremacy clause

portion of article VI of the constitution mandating that national law is supreme to (that is, supersede) all other laws passed by the states or by any other subdivision of government

enumerated powers

the powers of the national government specifically granted to the congress in article 1, section 8 of the constitution

implied powers

the powers of the national government derived from the enumerated powers and the necessary and proper clause

concurrent powers

powers shared by the national and state governments

denied powers

The Constitution specifically denies some powers to all levels of government. Article 1, Section 9, enumerates those things the national government cannot do. For example, the national government cannot tax exports, and it cannot interfere with the ability of states to carry out their responsibilities.

The next section of Article 1 presents a long list of powers denied to the states. No state can make treaties or alliances with foreign governments. Nor can states coin money, make any laws impairing the obligation of contracts, or grant titles of nobility. And states must have congressional permission to collect duties on exports or imports or to make agreements - called compacts - with other states.

tenth amendment

the final part of the bill of rights that defines the basic principles of American federalism in stating that the powers not delegated to the national government are reserved to the states or to the people

full faith and credit clause

section of article IV of the constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state

privileges and immunities clause

part of article IV of the constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all states

extradition clause

part of article IV of the constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial

McCulloch v. Maryland (1819)

the supreme court upheld the power of the national government and denied the right of a state to tax federal bank, using the constitution's supremacy clause. The court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

Gibbons v. Ogden (1824)

the supreme court upheld broad congressional power to regulate interstate commerce. The court's broad interpretation of the constitution's commerce clause paved the way for later rulings upholding expansive federal powers

dual federalism

the belief that having separate and equally powerful levels of government is the best arrangement, often referred to as a layer-cake federalism

cooperative federalism

the intertwined relationship between the national, state, and local governments that began with the New Deal, often referred to as marble-cake federalism

sixteenth amendment

amendment to the U.S. constitution that authorized congress to enact a national income tax

seventeenth amendment

amendment to the U.S. constitution that made senators directly elected by the people, removing their selection from state legislatures

New Deal

the name given to the program of "relief, recovery, reform" begun by president Franklin D. Roosevelt in 1933 to bring the united states out of the great depression

categorical grants

grant that appropriates federal funds to states for a specific purpose

project grants

grants given by the federal government to state and local governments on the basis of merit. The other type of categorical grant is a formula grant.

formula grants

The specified formula is a rule that tells potential recipients precisely how they can calculate the quantity of aid to which they are entitled under the provisions of law, as long as the recipient qualifies for such assistance under the stipulations of the program.

block grants

a large grant given to a state by the federal government with only general spending guidelines

new federalism

federal-state relationship proposed by Reagan administration during the 1980s; hallmark is returning administrative powers to the state governments

unfunded mandates (1990a, 1995)

prevented congress from passing costly federal programs without debate on how to fund them and addressed a primary concern of state governments, many of which held the view that federal programs were encompassing a growing part of their state budgets and were in violation of their sovereign policy-making authority.

civil liberties

the personal guarantee and freedoms that the government cannot abridge by law, constitution, or judicial interpretation

civil rights

the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals

Bill of Rights

the first ten amendments to the U.S. constitution, which largely guarantee specific rights and liberties

due process clause

clause contained in the fifth and fourteenth amendments; over the years, it has been construed to guarantee a variety of rights to individuals

fourteenth amendment

(Amendment XIV) to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments. The amendment addresses citizenship rights and equal protection of the laws, and was proposed in response to issues related to former slaves following the American Civil War.

incorporation doctrine

an interpretation of the constitution holding that the due process clause of the fourteenth amendment requires state and local governments to guarantee the rights stated in the Bill of Rights

selective incorporation

a judicial doctrine whereby most, but not all, protections found in the Bill of Rights are made applicable to the states via the fourteenth amendment

first amendment

part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to civil liberties, including freedom of religion, speech, press, assembly, and petition

establishment clause

the first clause of the first amendment; it directs the national government not to sanction an official religion

free exercise clause

the second clause of the first amendment; it prohibits the U.S. government from interfering with a citizen's right to practice his or her religion

lemon test

three-part test created by the supreme court for examining the constitutionality of religious establishment issues

prior restraint

constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the first amendment

clear and present danger test

test articulated by the supreme court in Schenck v. U.S. (1919) to draw the line between protected and unprotected speech; the court looks to see "whether the words used" could "create a clear and present danger that they will bring about substantive evils" that congress seeks "to prevent"

symbolic speech

symbols, signs, and other methods of expression generally considered to be protected by the first amendment

libel

false written statement that defames a person's character

slander

untrue spoken statements that defame the character of person

fighting words

words that "by their very utterance inflict injury or tend to incite an immediate breach of peace". fighting words are not subject to the restrictions of the first amendment

obscenity

the state or quality of being obscene; obscene behavior, language, or images

an extremely offensive word or expression.

freedom of assembly

The right to hold public meetings and form associations without interference by the government. Freedom of peaceful assembly is guaranteed by the First Amendment to the Constitution.

fourth amendment

part of the bill of rights that reads: "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized"

fifth amendment

part of the bill of rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. it provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. it also prevents the national government from taking property without just compensation

warrantless searches

searches and seizures conducted without search warrants

Miranda v. Arizona (1966)

a landmark supreme court ruling holding that the fifth amendment requires individuals arrested for a crime to be advised of their right to remain silent and to have council present

sixth amendment

part of the Bill of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. these include speedy and public trials, impartial juries, trials in the state where the crime was committed, noctice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel

eighth amendment

part of the bill of rights that states: "excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"

cruel and unusual punishments

The Eighth Amendment (Amendment VIII) to the United States Constitution is the part of the United States Bill of Rights (ratified December 15, 1791) prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments, including torture.

Furman v. Georgia (1972)

right to privacy

the right to be left alone; a judicially created principle encompassing a variety pf individual actions protected by the penumbras cast by several constitutional amendments, including the first, third, fourth, ninth, and fourteenth amendments

Roe v. Wade (1973)

the supreme court found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the bill of rights applied to the states through the fourteenth amendment

civil rights

the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals

Missouri Compromise

was an effort by Congress to defuse the sectional and political rivalries triggered by the request of Missouri late in 1819 for admission as a state in which slavery would be permitted. At the time, the United States contained twenty-two states, evenly divided between slave and free.

Seneca Falls Declaration (Convention)

was the first women's rights convention. It advertised itself as "a convention to discuss the social, civil, and religious condition and rights of woman". Held in Seneca Falls, New York, it spanned two days over July 19-20, 1848.

Black Codes

Laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War

thirteenth amendment

one of three civil war amendments; specifically bans slavery in the United States