1st unit frq questions

Two ways of proposing

2/3 of Congress of both houses vote or buy Congress convening a national convention at the request of 2/3 of state legislators

Methods of ratification

¾ of state legislature must be in agreement or states can convene conventions which ¾ of the state conventions have to agree

Checks and balances

Checks and balances- Constitution- 3 branches of government can limit powers of other branches to ensure 1 doesn’t become to powerful

Ex. Legislative branch can override veto if 2/3 congress agrees + impeach president but executive can veto legislation and call special sessions w congress

Judicial review

The judicial branches checks and balances-they can declare actions of president and laws unconstitutional and avoid them

Ex. Brown V Board of education- judicial review used to declare that state laws allowing segregation in public schools were unconstitutional

Separation of powers

Dividing the powers of government so no one branch hold too much power

Ex. US separation of powers into executive, legislative, and judicial branches

Executive- enforces laws

Legislative-makes laws

Judicial- interprets laws

Federalism

Division and balance between national and state governments

Ex. Dual federalism which is a form of federalism where the state and national governments powers were clearly divided without overlap

Popular sovereignty

The idea that gov takes authority from the consent of giverened

Ex. Presidential elections

Limited government

Power of gov is restricted

Ex. Bill of rights preventing the government from taking away freedom of speech religion and etc.

3 models of representative democracy

Participatory, pluralist, and elitist

Participatory

Citizens are directly involved and directly impact policies and policy making

Pluralist

Policies are influenced through groups of people

Elitist

Wealthy and educated have the most power causing less participation

Explain 1st objection that anti feds had to constitution referring to Brutus 1

Article 1 section 8 Clause 18 - legislative could make any law they wished under the necessary and proper clause

Feds countered-the constitution limits federal power to only explicitly enumerated powers and implied powers necessary for gov functions - limited nature- checks and balances prevents

2nd objection

Article 6, clause 2 (supremacy)- scared that state sovereignty and power as well as individual liberties would diminish and national gov would have all power

Feds argue- fed power was one of the limited defined powers necessary for stable nation

3rd objection

Article 1 section 8 (tax and spend for general welfare clause)-worried they could tax as much as they wanted

Feds respond- essential for stable government and asserted that the new constitution constrained built in safeguards to prevent its abuse

Identify and explain constitutional amendment most cited to limit the powers of the national government

Amendment 10-establishes federalism-only powers stated in constitution are given to federal government and the rest are given to states

3 portions of the constitution most commonly used to permit the national government exceed enumerated powers

Necessary and proper clause, commerce clause, and tax and spend for general welfare

Explain how elastic amendment was used to expand national government with one citation from court case

Said government could do anything necessary and proper to carry out enumerated powers- McCulloch v Maryland- gov said creating national bank was an implied power which set the precedent of implied powers

Commerce example and what it did

Anything involved in interstate trade government had authority over

Wickard v Filburn case- Supreme Court ruled that it was related to commerce bc home grown wheat affects how much wheat is in the market

Tax and spend example and what it did

Gov could tax and spend as long as it helped the people

South Dakota v dole- gov said they would take away 5% of highway funds if states didn’t change drinking age this meant national gov could spend money on things not enumerated thus increasing power

Explain fiscal federalism

When national government offers the states money through grants to promote national interests

How fiscal federalism impacted the relationship between states and the national government

The national government uses grants to promote programs and laws which gives it more power over states

Identify the ruling Supreme Court case from the 1990’s that returned power to the states

Lopez V SCOTUS

Explain Lopez v SCOTUS

Ruled gun free school zones act unconstitutional. Congress tried to pass it using commerce clause resulting in SCOTUS saying there needed to be a clear link to commerce to use clause

Identify natural rights discussed by Thomas Jefferson

Life, Liberty, and property which are rights given by god and have to be protected by the government