USGOV exam 2

The Articles of Confederation

first constitution of the US, establishing the national governments purpose after the US Revolution

Confederacy

a league or alliance usually of states

Requisitions

An official order laying claim to the use of properties or materials

Unicameral Legislature

legislature consisting of one house or chamber

Alexander Hamilton’s Great and Radical Vice of the AOC

Thought that the federal government in the confederacy was too weak to tax, raise an army and pay national debt

Left the national government overly dependent on the state governments for fiscal support

Why did Alex Hamilton’s vice contribute so greatly to the weakness of the Articles of confederation

Constitutional Convention/Philadelphia Convention

Meeting in 1787 to discuss the weakness of the federal government within the articles of confederation

Original Constitution

Constitution that followed the articles of confederation. Seven articles and delineated the role of the federal government

Bill of rights

First 10 amendments to the us constitution

Founders Constitution

compilation of different materials that give insight into the creation of the us constitution

The great compromise

agreement reached during the constitutional convention that set up the structure of legislature and each states representation in legislature

Bicameral Legislature, Proportional Representation, Equal State Representation and Three Fifths Compromise

What were the agreements reached with the great compromise?

Bicameral Legislature, Proportional Representation in HOR, Checks and Balances

Virginia Plan/Large State Plan

Unicameral Legislature, Equal Votes for states, executive elected by legislature

New Jersey Plan/Small State Plan

Three Fifths Compromise

a portion of the enslaved population of a state will be counted for legislature votes

Electoral College

political body with the task of electing the president and the vice president

Slave Clauses

Article 1 Section 9 Clause 1. Prohibited the importation of persons at ports controlled by united states

Fugitive Slave Clauses

Gave slave owners the right to seize enslaved people who may have escaped

Federalism

form of government that divides power between a central government and regional governments

Popular Sovereignty

Theory that believes the power of the government comes from the people it governs

Direct Democracy

people directly vote for policy rather than having a representative

representative democracy

people elect a person who votes on policy for them

bicameralism

two houses or chambers in legislature

checks and balances

the different branches of government are giving power to manage the power of the other branches

Civil Liberties

freedoms that the government cannot abridge without due process

supremacy clause

establishes federal law as the law of the land and must be prioritized over all else

Federalist papers by alexander hamilton, james madison and john jay

promotion for the ratification of the us constitution

Federalists

Believed in a stronger national/central government

anti federalist

believed in a country rooted in strong state governments

all 13 states would need to agree on the amendments.

what was the primary obstacle in amending the articles of confederation?

Representation in congress and how enslaved people would be counted

What were the two most heated points at the constitutional convention?

3/5 Clause, fugitive slave clause, delaying the importation of slaves for 20 years and giving the government the power to suppress insurrections

What were 4 ways the original constitution protected slavery?

popular sovereignty, limited government, separation of powers, checks and balances, judicial review and federalism

6 design principles for original us consitution

limited government

form of government where the governments power is restricted by law

separation of powers

divides branches duties to ensure no one gets too powerful

judicial review

process where the judicial branch reviews actions of the government to deem them constitutional or lawful

Less

did the federal system created by the US give the states more or less power than during the articles of confederation

‘we the people’

how does the constitution’s preamble reflect the idea of popular sovereignty

to create a separation of powers

why did the founders decide on a bicameral legislature instead of unicameral

antifederalists opposed and federalists supported

who opposed and supported the ratification of the constitution

to convince the people of new york to ratify the constitution and explain the strengths of having a stronger central government

why were the federalist papers written

article 1

what article of the constitution establishes the legislative branch of government

article 2

which article of the constitution establishes the executive branch of government

article 3

which article of the constitution establishes the judicial branch of government

article 5

which article of the constitution outlines the process of amending

13, 14, 15

which amendments were the reconstruction amendments

abolished slavery

13 amendment

defined national citizenship and guaranteed equal protection of the laws for all people

14 amendment

prohibited states from denying the right to vote based on skin color or race

15 amendment

birthright citizenship

all people born in the united states are american citizens

the second founding

underlying systemic rules would be modified as necessary to provide a new birth of freedom

by directly challenging the foundations of the constitution rooted in white supremacy

how did the reconstruction amendments transform the founders constitution

unitary government

system where the national government has complete authority over all other political entities

concurrent powers

powers shared by both federal and state government

reserved powers

powers that the constitution reserves for the state government not national

laboratories of government

state and local governments act as testing grounds for laws

race to the bottom

governments compete for business by sacrificing quality and labor standards

addressing large scale national problems, ensuring policy uniformity, protecting civil rights and liberties, promoting economic efficiency , maintaining national security

five arguments for a greater national government

local responsiveness, experimentation and innovation, protecting individual liberties, constitutional interpretation, citizen participation

five arguments for greater state government

enumerated powers

powers granted specifically to the federal government specifically legislature

implied powers

powers that are not stated in the constitution but are necessary to carry out the enumerated powers

10th amendment

states that rights not given to federal government are reserved for the state governments and people

necessary and proper clause

gives congress the right to make laws to help them carry out the powers granted to the government by the constitution

amendment enforcing provisions

gives congress the power to create laws to carry out the 14th amendment

police power

power of the federal and state governments to create laws to maintain the health, safety, morals and general welfare of citizens.

acts a check to prevent either federal or state from abusing the power. Helping to maintain federalism

how has judicial review been important for federalism over time

unless the constitution prohibits a state from having a power it is assumed that they do, the authority of the federal government is limited to only the powers delegated to it by the constitution

what are the two principles of the tenth amendment

article 1 section 8

Where in the Constitution are most of Congress’ enumerated powers listed?

the 14th amendment limits how much a state can affect a persons life

Are there any constitutional limits on the police power of the state governments?

dual federalism

state and federal governments share power and the state government can exercise it without interferance from the federal government

layer cake federalism

another name for dual federalism

16th amendment

amendment that allows tax income

progressive income tax

taxed amount increases as the amount taxed increases

new deal

series of programs enacted by FDR

New Deal Federalism

Resulted in an overall increase in the federal governments role in regulating economy and laid the groundwork for the modern welfare state

Modern Welfare State

The government is responsible for the economic and social well being of its people

Post new deal cooperative federalism

After world war 2, the nation needed to pull their resources together. The federal government played a big part in this. The cold war led to high federal spending

The great society

domestic programs launched by LBJ

grant in aid

money granted to fund a project

categorical grants

grant with relatively strict and specific guidelines on how the state or local government receiving the money must spend it

block grant

federal grant-in-aid that provides states and/or local governments with significant freedom to decide how to spend the money

devolution

the process of the federal government returning powers to the state and local governments

principled federalism

a consistent allocation of power between state and federal government

increase

has the authority of the national government increased or decreased over time?

it has increased federalism by letting the federal government use power of the purse

what has been the impact of the progressive income tax

By using positive incentives to implement policies preferred by the federal government

using power of the purse how has the federal government influenced state governments

negatively, they struck down a number of new deal policies

how did the supreme court initially react to the new deal

led to a signifcant increase in the federal governments to regulate economy and enact welfare programs

How has the modern welfare state impacted american federalism

reduced taxes and forced the federal government to reduce spending to balance the budget

how did reagan try to decrease the size of the federal government

revenue reduced but spending actually increased

why after three decades of decrease did the national spending increase while reagan was in office

no, in the future it seems we are moving towards a less federal government

is either party committed to federalism

civil liberties

rights that the government wont break without due process

incorporation

when supreme court determines that a civil liberty applies to the state as well not just federal

due process clause 14th amendment

protects citizens from the government depriving them of rights without law

selective incorporation

supreme court determines one case and one right at a time to incorporate

total incorporation

idea that all the bill of rights should be incorporated

unenumerated constitutional rights

rights that are not stated in the constitution but are upheld by the supreme court and protected by the due process clause

they only apply to governments

Do constitutions protect civil liberties against infringement by private individuals (or businesses) or do constitutions only protect against infringement by government?

No, U.S. Constitution only protected the freedom of speech and other civil liberties from interference by the U.S. federal government.

Did the civil liberties listed in the Bill of Rights of the U.S. Constitution apply to actions taken by state governments prior to the Civil War? Did they apply to actions taken by the federal government prior to the Civil War?

congress shall make no law establishing a religion

establishment clause