Unit 1 Foundations in Government Test Review

Examples of civic responsibility

To be informed and participate politically

• voting, serving on a jury, volunteering, paying taxes, participating in local government, advocating for social justice, respecting the rights of others, environmental stewardship

Senate and representation:

• Compromise provides equal representation for states (two)

• term length- six years

• nor term limits

Bill of Rights:

civil liberties and rights such as freedom of speech, freedom of worship, and trial by jury are identified here

Political knowledge:

Knowledge needed to participate in debate and to know how your interests relate

democracies function best when citizens have knowledge needed to participate in debate. it is important for citizens to know the rules, processes, and principles of political institutions and to know them in ways that relate to their own interest

without it, citizens cannot be aware of their stakes in political disputes

Principles of government

Liberty, Equality, Justice, Individualism, Self-Government

Founding documents

• Declaration of Independence: drew from Locke …upholding popular sovereignty. It explained how abuses by the too powerful British Crown violated natural rights and self-rule, justified the colonists’ separation from Britain, and defined the newly independent states’ relationship. 

Articles of Confederation: Precursor to the constitution

current demographic trends

census figures for 2020 show that Latinos (who can be of any race) constitute 18.7 percent of the total population, and Asians make up 6 percent. The Black, or African American, population is 12.4 percent of the total, while the non-Hispanic White population accounts for 61.6 percent.

More than 33 million Americans, about 1 in 10, now identify as being of “two or more races,” a category that was added in 2000.23 Notably, in 2019, for the first time, more than half of Americans under age 16 identified as a member of a racial or ethnic minority group.

the us is projected to continue to diversify and become a majority-minority country by 2050

Oligarchy:

occurs when a few people (usually the rich/elite) rule in their own interest; minority rule

Monarchy:

the rule of one hereditary king or queen in the interest of all of his or her subjects

Democracy:

any system of government that gives power to the people

direct democracy

a system of rule that permits citizens to vote directly on laws and policies

indirect democracy

representative ___, system where citizens elect representatives to make decisions and create laws on their behalf

authoritarian government

a system of rule in which the government recognizes no formal limits but may nevertheless be restrained by the power of other social institutions

in nations including latin america, asia, eastern europe, and africa

totalitarian government

a system of rule in which the government recognizes no formal limits on its power and seek to absorb or eliminate other social institutions that might challenge it

Shay's Rebellion

impoverished farmers, including many Revolutionary War veterans, lost their farms to mortgage foreclosures and their failure to pay higher than average state taxes … In early 1787, Daniel Shay… led a band of violent insurgents to the federal arsenal in Springfield. Local authorities had difficulty raising a militia and only did so from private funds…By February, the rebellion was largely suppressed.Even if quashed, Shays’ Rebellion demonstrated to the nation’s leaders that the lack of a centralized military power posed a threat to America’s security.

Living Constitution:

legal theory that suggests the Constitution should be interpreted and applied in light of modern-day circumstances and values, rather than strictly adhering to its original meaning.

NJ Plan

assured states their sovereignty through a national government with limited and defined powers. This plan also had no national court system and each state would have one vote in a legislative body. equal representation

Article I - legislative branch

defines the basic setup and operation of Congress. House members are elected by the people every two years. In contrast, state legislatures would elect senators, who were then beholden to state governments (this provision was later changed by the Seventeenth Amendment). The House became the more representative, or more democratic, institution. Article I has ten sections and is the longest article—about half of the entire Constitution—revealing the framers’ concern for representative lawmaking.

• Necessary and Proper clause: sets up implied powers

Article II - executive branch

lays out the requirements to assume this office and the executive’s role. As Commander in Chief, the president oversees and manages the U.S. military. As head of state, the president receives foreign ambassadors and sends U.S. ambassadors abroad.

Article III - judicial branch

The framers mentioned only one actual court, the Supreme Court, but they empowered Congress to create inferior courts. The federal courts have jurisdiction over cases involving federal law, disputes between states, and concerns that involve government officials. The president appoints Supreme Court justices and other federal judges, with approval of the Senate. These judges serve “during good behavior,” which in practice means for life.

Article IV - federalism

defines relations among the states. It includes the full faith and credit clause that requires states to be open about their laws and encourages states to respect one another’s laws. It also requires that “the citizens of each state shall be entitled to all privileges and immunities of citizens in the several states.” In other words, on most issues states cannot play favorites with their own citizens or exclude outsiders from basic privileges and immunities.\

Article V - amendment process

Stage one is a proposal from either two-thirds of the House and Senate, or with a two-thirds vote at a convention initiated by the states and called by Congress. Stage two, ratification, is completed by a vote of three- fourths of the state legislatures or three-fourths of state ratifying conventions.

Article VI - federal supremacy

The supremacy clause quoted above makes certain that all states must adhere to the Constitution. Article VI also states that no religious test will be required for a person to take a government office.

Article VII:

Ratification process for 13 colonies

Electoral college:

states could decide how their electors would be chosen. Each state would have the same number of electors that they had representatives in Congress, and the people would vote for the electors. Having electors rather than the citizenry choose the president represents one way in which the elite model of democracy helps shape government today.

declaration of independence

proclaimed a set of principles about the purposes of the new Republic: liberty, democracy, equality, and justice. (See these documents in the appendix.) Most citizens still affirm these values, which form our political culture.

Strict constructionist:

A strict constructionist interprets the Constitution in its original context

Checks and Balances

A system in which the political power is divided among the three branches of government, each having some control over the others.

Separation of powers:

framers assigned the legislative, executive, and judicial branches distinct responsibilities to dilute power among the three branches.

Popular sovereignty

The fundemental principle that the power to govern belongs to the people and that the government must be based on the consent of the governed.

majority rule/minority rights

Majority rule and minority rights are fundamental principles in democratic systems that ensure both the will of the majority is respected while protecting the rights and freedoms of minority groups.

individualism/individual rights

social and political philosophy that emphasizes the moral worth and autonomy of the individual. It champions personal independence, self-reliance, and the idea that each person has unique value and agency. based on johnh locke

are the freedoms and protections that belong to each person simply by virtue of being human. These are often enshrined in constitutions, laws, and international human rights frameworks.

Limited Government

A system in which government's powers are restricted and individuals' rights are protected.

John Locke:

people were born free and equal. According to this law, Locke reasoned, “No one can be . . . subjected to the political power of another, without his own consent…obligated people to rebel when the rule of kings did not respect the consent of the governed.

william blackstone

as well as common law, he argued, guarantees the sanctity of an Englishman's life, liberty, and property. 

These rights include due process of law, the attorney-client confidentiality, equality before the law, habeas corpus, the right to confront accusers, and forbidding bills of attainder and forced self-incrimination. 

montesquieu

power needed to be balanced by power as a bulwark against tyranny. This could be achieved through the separation of governing powers. argued for the separation and elevation of judicial power, which in Britain was still held by the monarch. id not argue for a pure separation of powers; rather, basic functions would be separated, but there would also be some overlap of functions. These ideas were central in shaping the three-branch system of government

Antifederalists:

opposed the consolidation of the states under a federal government

Federalists:

supported the proposed constitutional structure, a strong federal government, and full ratification

Weaknesses of AOC

• The requirements that at least nine states must agree in order to enact national law.

• The requirement that all states must agree in order to amend the system of government proved daunting.

• The Congress could not tax the people directly.

• The national government could not raise or maintain an army.

• There was no national court system or national currency.

• The Congress encouraged but could not regulate commerce among the states.

Strengths of AOC

• Preserved States' Rights: The Articles ensured that states maintained significant autonomy, preventing a powerful central government from overwhelming individual states.

• Established a Framework: It provided a basic framework for the new nation, including a Congress to manage foreign affairs, a military, and a postal system.

• Won the Revolutionary War: The Articles were in place during the American Revolution and helped to secure independence from Great Britain.

• Northwest Ordinance: The Northwest Ordinance of 1787, passed under the Articles, established a process for admitting new states to the Union and prohibited slavery in the Northwest Territory.

Loose constructionist:

Constitution as living document and takes into account changes and social conditions since ratification.

Slavery at the Constitutional Convention:

Only three of every five enslaved persons would be counted to determine representation Congress could not stop the importation of slaves for 20 years after ratification

Causes of American Revolution

• taxation without representation

• acts of parliament

• intolerable acts

• military precense

• boston massacre

• lexingont and concord

Great Compromise

Congress is bicameral, there are two senators per state and representatives by population in the House of representatives.

amendment 1

Right to Speech, Press, Assembly, Religion, Petition.

amendment 2

Right to bear arms; militia

amendment 3

1. No quartering of soldiers

amendment 4

No unreasonable search or seizure without a warrant of probable cause.

amendment 5

1. Right to remain silent, double jeopardy, nothing can be seized without due process and compensation.

amendment 6

1. Speedy trial, jury, habeas corpus, counsel

amendment 7

Jury trial

amendment 8

1. No excessive bail or cruel and unusual punishment

amendment 9

1. There are other implied rights not in the constitution

amednment 10

Federalism: powers not belonging to the national government belong to the state

amendment 11

 Changes federal court jurisdiction

amednment 12

President and VP run on the same tickets and defines steps for counting votes

amednment 13

Abolishes slavery

amednment 14

Guarantees citizenship by birth; equal protection clause

amednment 15

Voting rights for black men

amednment 16

1. Authorizes income tax

amednment 17

2. Direct election of senators

amednment 18

Prohibition

amednment 19

Women can vote

amendment 20

decision that all presidential terms, and those of vice presidents, will end at noon on January 20th. In addition to this, it was decided that the date of the start of a term in the Senate would move to January 3rd

Shortens swear in time; sets the chain of command in case of death

amendment 21

Repeals prohibition

amendment 22

1. Two terms for president

amendment 23

ensures that Washington, D.C. had electors in the Electoral College, but only as many as the state with the lowest number.

amendment 24

Bans poll taxes

amendment 25

Outlines order of succession for president

amendment 26

Voting is at 18

amendment 27

No changing salaries until the next election

ny changes to the salary of those in Congress should not take effect until the next election of representatives.

Concurrent powers:

Powers held by multiple levels of government (Taxes and enforce law

layer Cake Federalism

Clean separation of powers between government levels

Unitary System:

All Powers are vested in the federal government

Reserved Powers

The powers that the constitution sets aside for the state governments.

nationalization

alteration or assumption of control or ownership of private property by the state.

devolution

a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments

role/direction of federal courts

The federal court system plays a crucial role in the justice system of the United States. It is responsible for interpreting the Constitution and other federal laws, and applying these laws to settle disputes. Federal courts protect the rights and liberties of American citizens and operate under a system of federalism, where power is divided between the national government and smaller state or regional governments. The federal court system includes several levels, such as the U.S. Supreme Court, courts of appeals, district courts, bankruptcy courts, and tax courts. Federal courts handle both civil and criminal cases, ensuring that the rights of individuals are protected according to federal laws.

Underfunded mandate:

federal law or regulation that imposes obligations on state and local governments without providing sufficient funding to cover the costs of implementing ;those obligations.

Tenth Amendment:

Federalism: powers not belonging to the national government belong to the state

Categorical grant:

Grants with particular congressional guidelines or requirements

Marble cake federalism:

increase state, county, and city interest in national policy.

Intergovernmental relations:

Ways the federal and state governments collaborate

Dual federalism:

the national government is supreme in its sphere—having the authority given it in Article I— and the states are equally supreme in their own sphere.

Federal system:

Power split between national and state government.

Block grants:

refers to federal money given to states for broadly defined reasons, differ from categorical grants in that they offer larger sums of money to the states without the strings of the categorical grants.

Home rule:

federalism refers to the power of local governments to enact and enforce aws within their own boundaries, independent of state or federal interference.

Preemption

power of the federal government to override state or local laws in certain areas

expressed powers

specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II)

Police power:

belongs to states; powers to create and enforce laws on health, safety, and morals.

Grant-in-aid:

directing federal funds to states that qualify for aid and withholding funds when they do not.

Cooperative federalism:

federalism where the federal and state governments work together to achieve common goals. It's characterized by shared responsibilities, shared costs, and shared administration between the two levels of government.

implied powers

powers derived from the Necessary and Proper Clause of Article I, Section 8, of the Constitution; such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers

great new deal and its impact

• The New Deal vastly expanded the role of the federal government in everyday life, introducing regulations and safety nets that had never existed before.

• Agencies like the Social Security Administration and Securities and Exchange Commission (SEC) were born, laying the foundation for modern welfare and financial oversight.

elastic clause

the concluding paragraph of Article I, Section 8, of the Constitution (also known as the Necessary and Proper Clause), which provides Congress with the authority to make all laws “necessary and proper” to carry out its enumerated powers. the constitution only grants those powers specifically expressed in the test, namely expressed powers. framers intended to creat active, powerful government. elastic lause declares congress can write laws needed to carry out its expressed powers. 

Obergefell v. Hodges (2015)

• Decision: The Court ruled that the right to marry is guaranteed to same-sex couples by the U.S. Constitution.

Impact: This decision legalized same-sex marriage nationwide, a significant step towards equality for LGBTQ+ individuals.

Which statement best characterizes Americans' trust in government?

Americans' trust in the federal government has been declining though their trust in state government has remained relatively consistent.

Limited Government

The Constitution is written in a way that limits the powers of our government

via; Separation of Powers:, checks and balances, federalism, bill of rights

Virginia Plan:

called for a three-branch system with a national executive, a judiciary,

and a bicameral legislature. The people would elect the lower house whose members would, in turn, elect the members of the upper house. This plan also made the national government supreme over the states and set clear limits for each of the branches. Caused first draft