SJSU Gov and Econ Flashcards

for sc students

Founding Documents and Political Philsophers

Hammurabi’s code; Code of Ancient Babylon; Established a single uniform code of law for the entire empire; stone represents can not change; unchangeable even by a king;

Rule of Law

Applies to everyone

The Ten Commandments - From God

From the bible; bible served as the source of law for Hebrews of Palestine; Simple instructions on how indivduals behave towards one another; Basis of Law for European law

The contribution of the Greeks

believed laws were from human institution; allowed common people to serve in state office; Passed Laws and determined politics; incentive to work harder and want to earn it; Trial by jury

Legislative Branch

Made of Upper House (Senate) and lower house (House of representatives) 1 for each state for upper and lower based on population

The influence of Ancient Rome

The senate, Representative body, most powerful body; conducted foreign policy; passed laws, and government finances; natural law, basic rights to live under Roman Rule; Adopted to U.S consitution

Divine rights of kings

King chosen by god; Absolutely right

Magna Carta 1215

Social contract; limited government; fundamental rights; can not be taken away; (Trial Jury, due process, protection Anarchy, life, liberty, and property)

Petition of right 1628

Limits on the king, challenging divine right; work with consent of parliament; outlines basic rights for individuals

English Bill of Rights

Placed clear limits on absolute monarchy moving toward a constitutional monarchy; written by parliament, signed by King William, Queen Mary; Uproar if you killed god’s person so they kept monarchy (kings) but limited power

Limit Established, Parliament strongest

No absolute power, consent of the people, can not suspend laws without parliamentry consent; Habeas corpus is a legal procedure that allows a person in custody to challenge the lawfulness of their detention before a judge. No cruel or unusual punishments too

Thomas Hobbes, father of natural rights

His Book, Leviathan states that life is "solitary, poor, nasty, brutish, and short" in the state of nature which is life without a government and laws. (Each word has a meaning)

Introduced social contract theory, surrender liberty to the government in exchange from protection from falling back into the state of nature.

Focused on individual freedoms with SOME protection from the government

John Locke, Book "Two Treatises of Government”

Natural rights, born free, equal and independent

Social contract is where citizens give up their freedoms to establish a government to help better protect their rights. Power is derived from the consent of the governed.

Popular Sovereignty, people participate in their government.

Also may be right to resist or replace the government if they repeatedly violate their fundamental rights

Montesquieu

His book called The Spirt of Laws

Believed in limited government; separation of powers, Legislative, Executive, Judicial branches

Separation of powers and check and balances

Foundation of American Government

Limited government, has to follow rules

Representative government; people have a voice in the government; elect officials who make decisions on their behalf

Individual freedoms, freedom, religion, etc.

Rule by law, written laws so everyone knows the rules and consequences

Declaration of Independence, English Monarchy

Proposed by Henry Law, approved on July 2, 1776, July 4 the day we celebrate

Drafted by Thomas Jefferson, list grievances against the king

government is created by the people and must serve the people

Government must follow rules like the people

Natural Law

“All men are created equal”, “Unalienable rights”, “Life liberty and the pursuit of happiness, “consent of the governed”

FOUR stanzas of declaration of independence

P1, the preamble an explanation of purpose

P2, The natural rights, life, liberty, and pursuit of happiness

P3, Grievances against King George III

P4, Resolution

United quartering, taxes, trade destroyed

Colonies are of right to be ought to be free and independent states

Articles of Confederation

1 Branch of Government which was Congress

First written constitution, granted power for the states, national government was supposed to provide protection for the people.

Very weak because Congress had no bite, no power to tell the states to comply.

Nationalists

A group of Americans who wanted a strong or national government.

Most were very wealthy, without army, courts, economic policy, no respect in the world

Americans tendency to challenge authority would get out of control.

Shay’s Rebellion Massachusetts, 1786-1787

To pay off debt, legislators passed a heavy direct tax

only be paid in gold of silver because their currency was bad and they didnt want that.

Farmers in the west, already in debt, could not pay the tax

many had their possession seized by the government for non-payment

Daniel Shay

Seasoned revolutionary war veteran and a small farmer

could not pay his debts and was facing jail time

1786- Led a rebellion that spread throughout the area

tax collectors were driven off and courts were closed down

the government with no army, couldn’t stop shay

group of wealthy Bostonians raised a private army to stop Daniel Shay and his army

Shay was defeated in 1787, few and shay sentenced to death.

Thomas Jefferson was pro for rebellion while Madison was not.

Effects of Rebellion

Americans Hate authority when it went against their wishes of the people

Exposing the Articles of Confederation that it was weak and it strengthened national government by proposiong the new U.S Constitution

Virginia Plan (Large State Plan)

Proposed by Edmund Randolf, 3 Branches of Governments

Bicameral Legislature 2 houses, based on population

Lower house elected by people, Upper House chosen by lower house.

Executive President chosen by legislature (Upper)

Judicial (courts) chosen by legislature, national legislature would have veto power over the states.

New Plan New Jersey Plan (Small State Plan)

Proposed by William Patterson, 3 Branches of Government

Unicameral Legislature one house, Multiple executives chosen by legislature, each state gets one vote.

Judicial court approved by Executive and approvded by legislature

Connecticut The Great Compromise James Madison

3 Branches of Government, Bicameral legislature, based on population, 3/5 Compromise

Upper House chosen by lower house 2 per state

National Supremacy Clause establishes that the U.S. Constitution, federal laws made under it, and treaties are the supreme law of the land.

Upper house = Senate, chosen by lower house, Executive chose by electoral college, Judicial chosen by Executive and approved by legislature

Ratifying the Constitution

Federalist; Wanted a strong national government

George Washington, James Madison, Alexander Hamilton produced the Federalist Papers which explained how governments should work

Anti Federalist

Argued individual rights and state rights werent protected

Patrick Henry, Thomas Jefferson, feared the president would become king, come under a faction.

Compromise: Bill of Rights

Federalist promise to add protections for indiviudals by governments

Federalism

State and national government each with their own powers, while national government is supreme

Ratification:

New York first capitol, George Washington, first president, new government in April 1789

Unitary

All local and state power is derived from a nation government

Confederation:

States retain sovereignty; national government is weak; and all of its power is dependent on the states

Proved that it was weak and no respect in the world.

Federal System:

some people is delegated to a national government and some power is reserved to state and local governments

Limiting National Government

Separation of powers; Check and Balances; Federalism

Vertical Separation of powers ; National down to States

Constitutional Provisions

Tenth Amendment, powers not delegated to the U.S by the constitution is to the state.

Implied powers

Implied powers are legal authorities not explicitly written down in a governing document, but understood as necessary to carry out the explicitly stated, or expressed, powers

Enumerated Powers

Enumerated powers are the specific, explicit authorities granted to the federal government by the U.S. Constitution

The Elastic Clause:

Found in Article I, Section 8, Clause 18 of the Constitution, this gives Congress the power to make all laws "necessary and proper" for executing its expressed duties. It is also known as the Necessary and Proper Clause.

Supremacy Clause

This constitution laws of the United Staets and All treateies shall be “Supreme law of the land”

The delegated powers

Constitutional granted powers to the U.S Government

1 - Express powers, clearly written

2 - Implied powers needed to carry out (Necessary & Proper Clause)

3 - Inherent powers - exist only in the executive branch

The Reserved “Police” Powers

Powers not delegated are reserved to the states

Powers to protect public health, morals, safety, and general…

National and state governments share the concurrent powers

National Jobs; Coin money; defend the nation; declare war; make treaties

Concurrent; Protect the environment, levy taxes, protect civil rights, punish criminals

State: Establish drinking age; regulate doctors; issue driver license; regulate marriage; conduct elections; regulate schools

The supreme court of federalism

Question of whether Congress has the power to act is often settled by the supreme court

In times of national crisis, the court is more willing to only find national power exists, ex: Great depression or world war 1

Early Cases Important Reminder that only Congress has the power of the PURSE

Marbury v. Madison 1803 which announced the power of judicial review

Martin v. Hunter’s Lessee (1816) which confirmed the federal high court's authority to review and reverse state court decisions involving federal law and the U.S. Constitution.

MCCULLOCH v. Maryland IMPORTANT 1819; Congress creates national bank in Maryland; Maryland does not like it and taxes it; bank refuses to pay the tax

Can Maryland tax a federal bank? Yes because congress can created a bank under its implied powers.

The power to Tax involves the power to destroy!!

Gibbes v. Ogden (1824)

Ogden has NY license to operate EXCLUSIVE steamboat between NY and NJ

Gibbes guy tries getting a federal license to go to NJ and is stopped by NY

Is transportation commerce?

Only congress can regulate interstate commerce

Wichard v. Filburn Tax on Local Crops

An Ohio farmer named Roscoe Filburn grew more wheat than federal quotas allowed, using the excess exclusively to feed his own livestock and family. The Court ruled that Congress had the power to penalize and tax this home-consumed crop. They reasoned that if many farmers grew extra wheat for themselves, it would collectively impact the national market and interstate commerce.

United States v. Lopez (1995) Gun free schooll Zones Act

Facts: Alfonzo Lopez a high school student carried a concealed firearm into his highschool

Charged by texas las and violated the gun free school zones act which is based on the commerce clause

Holding: Possession of firearm on school grounds is not an economic activity and this helped rebalance the power.

This court ruling changed the balance of power between the government and state governments by limiting federal power to charge people's activities based off the Commerce Clause and shifted power back into the state governments to be handle local activities. This strengthened the idea of the Tenth Amendment which allows powers that are not given to the federal government by the U.S Constitution is to the state to handle.

 

South Dakota v. Dole (1987) (drinking age)

Congress passed legislation to withhold 5% of highway funds from any state that didn’t do drinking age 21.

Question: Could congress exceed spending power and violate the 21st amendment by requiring an adoption of minimum drinking age.

Holding: Congress law was within Constitutional limits in the pursuit of general warefare

United Staes V. Morrison (2000) Violence against women

1994, Congress enacted Violence against women act, finding that gender based violence need an effect on interstate commerce,

Question: Constitutional for victims of gender violence to sue money in court

Holding: Law denied for going beyond reach of congress

The attackers won the lawsuit because it was not an economic activity

Gonzales v. Raich (2005) Drug Laws

In 1996, California voters passed the Compassionate Use act, making marijuana legal for medical use.

A house got raided by the Drug Enforcement Administration, seizing doctor-prescribed marjuana

Battled in court that it exceeded Congress’s commerce power and did not heavily affect the interstate commerce

Question

• Does the Controlled Substances Act exceed Congress’ power under the commerce clause?

• How does growing marjuana at home for medical use affect interstate commerce?

Holding

• Congress has authority to prohibit the cultivation and of use of marjuana

• Affected supply and demand in the national marjuana market, making the regulation of intrastate necessary to regulating the drug’s national market

Fiscal Federalism Key Vocabulary

Grants in Aid: Federal money given to states

Categorical grants: Funding for specific purposes; money sent to airport etc.

Block Grants: funding for broad purposes; money for education and healthcare

Power of the purse using congress tax and spending

Unfunded Mandates: Federal demands placed on states without funding to carry those demands like the American with Disabilities act.

Models of Federalism

Key pointing our understand of the allocation of power between national and state governments has changed over time.

Creation of federalism 1789-1800s

Dual Federalism (Layer Cake)

State and Federal are seperate and equal due to the Enumerated Powers and Tenth Amendment

Prevailing view from mid 1800s until 1930s

Cases like Dred Scott (1857) and Plessy v. Ferguson (1896)

Supreme Court is unwilling to limit the state’s political powers

Many congressional statues invalidated, many statutes uphold

Federal and State governments are coequals each sovereign

Strict interpretation of the Constitution

Federal government only has jurisdiction if clearly expressed in the constitution (ex. commerce clause, coin money, foreign affairs")

State have greater role & powers (ex, public, education, race relations)

Cooperative Federalism More Federal involvement (New Deal)

Rose in the 1930s, Economic collapse leaves to the New Deal by FDR (Franklin D Roosevelt)

National Government institutes numerous federal programs to aid the economy and to get people back to work (Dig a hole example, A → B → A to create more jobs)

Supreme court strikes down many of these programs as beyond congress’s authority

FDR’s court reaching plan influences court to relent (Court Packing Plan)

Add more justices into the Supreme court when reaching a certain age to lighten their workload, but he is just trying to get justices to agree with him to win MAJORITY)

State and Local government will cooperate with national governments

National security power in the executive Branches because the president can react quickly so (Commander In chief can respond quickly)

---

National Government is clearly supreme over the states

Loose interpretation of the necessary and proper clause (Congress can find anything that can help them carry out the enumerated powers)

Federal Governent intervenes in some areas traditionaly left to the states (Ex. Education, healthcare, civil rights)

Smart people → Strong economy → Healthy People → united no discrimination!!

New Federalism More State Control

MAIN → shifting power and responsibility from the federal government → state governments.

Reagan administration (1981-1989) returns control of many federal programs to the states

Era of “Less Big Government”

Under New federalism, categorical grants were replaced by block grants

Categorical grants = specific purpose like helicopter pad

Block grants = now use it for healthcare stuff

Devolution definded - granting powers from the federal government to the states

beginning with the reagan administration, attempt to give states more flexibility and control

Examples: Block grants, welfare

---

More Federal involvement returns so Devolution stops

September 11/2001 - federal government began to reverse this trend under Bush W. Bush and Obama administration

Ex. Terrrorism prevention, homeland security and Obama did federal stuff on education, healthcare, environmental policy and civil rights