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Federalism
Division of power between national and state governments
Separation of Powers
Legislative, executive, and judicial branch
Checks and Balances
Each branch limits each other
Republic, Representative democracy
People elect representatives to govern
Commerce Clause
Congress regulates interstate congress
10th Amendment
reserves power to states
Interstate Commerce
Trade/activities crossing state lines, Congress uses the commerce clause to regulate it
Relationship between federal and state government
federalism divides power between national and state gov sometimes federal power expands (mcculloch) sometimes states are protected (Lopez)
Mandates, Grants (what they are, how they are used, and the different types)
block grant - federal grants given automatically to states to support broad programs
categorial grant - federal grants that can be used only for specific purposes and come with strings attached
devolution - shifting power from national to local gov
mandate - an order from federal goc requireing a certain action
Impact of Shays Rebellion
Showed the weakness of articles of confederation
Concurrent Powers - definition and effects
Powers that the constitution gives to both the national and state gov such as the power to levey taxes
Compare the powers in the Articles of confederation v. the constitution
articles were consisted of a weak central gov vs the constitution which has a stronger central gov with federalism
Court cases that are associated with federalism
McCulloch v Maryland - necessary and proper clause, supremacy clause ( federal law over state and congress can make laws to carry out powers)
U.S v Lopez - Commerce clause ( limits on what can be considered a cross in commerce)
What is the significance of the decisions in the court cases for this unit?
mcculloch v maryland - strengthens national gov v states and prevents them from destroying federal institutions due to taxation
uS v Lopez- first major limitaiton in commerce clause also shows how court can restrict federal reach
What is policy?
a governments course of action to address a public problem (tax policy, education policy, environmental regulations, public health policy
What issues fall under the powers of the federal government and which ones fall under the states?
Federal - national defense, currency, foergin policy, immigration enforcment(declaring war, regulation airlines, printing money)
state - education, local police powers, licensing, interstate commerce, marriage(running public schools, issuing drivers license
concurrent - taxation, building roads, law enforcement, health and safteu refulations
Compare the viewpoints of Federalist and Anti federalist
Federalist - wanted stronger central gov and supported constiution
Anti Federalist - feared strong central gov and pushed for bill of rights
3 types of government - Participatory, pluralist, elite
particpatory - states determine how to allow citizens to directly get involved (initiative/referendum)
Pluralist - requires compromise within a wide range of competing intrest ( send professional leaders and experts to testify)
Elite- elected representatives are charged with represnting their people. (electoral college gives them advantages and are in higher power)
Necessary and proper clause
supremacy clause
Congress can make laws needed to carry out powers.
Constitution/federal laws over state laws.
(mcculloh vs Maryland)
Bill of attainder
ex post facto
habeas corpus
illlegal, punishes without trial
illegal, punishes action retroactively
right to challange unlawful detention
Federalist 10
Brutus 1
Federalist 51
factions are inevitable so we must learn to work with them. strong central gov with large republic
anti state power, small gov and democracy.they fear power will always lead to bad, taxes, standing army, and reserved powers (they will take the power from the states)
Seperation of powers, checks and balances. Gov power to protect liberty but limits it from abuse
Great compromise
Bicameral legislature meaning the house members consist of the population and equal representation in Senate
Social contract theory
People must abonden certain natural rights in order to find protection and freedom from society and politics