Federal Gov 1

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38 Terms

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John Locke

State of Nature

Natural Rights

Proposed the idea that a social contract is needed for society to function

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divine right of kings

The concept that monarchs had a God-given right to rule the people. John Locke responded to this idea with his Treatises.

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state of nature

Want (lack) of a common judge, with authority, puts all persons in a state of nature

Men living according to reason, without a common superior on earth, to judge between them, is properly the state of nature

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natural rights

Rights which we are supposed to have as human beings before the government ever comes into being.

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social contract

agreement to form a government and abide by its rules

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representative democracy

The people, through elected representatives, hold power and authority

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public goods

Goods and services provided by the government that are available to all without charge.

Ex: National security and education

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toll goods

Goods that are available to many people, and many people can make use of them, but only if they can pay the price.

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egalitarianism

A philosophy based on equality, namely that all people are equal and deserve equal treatment in all things

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madison’s vices

A document that goes point by point through the problems with the relationship between the national government and the states

Created prior to the writing of the Constitution

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constitutional convention

Occurred so that the issues with the Articles of Confederation could be resolved.

Occurred in Philadelphia.

Virginia Plan

New Jersey Plan

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virginia plan

Document drafted by James Madison that proposed a strong central government with three branches: legislative, executive, and judicial

Wanted to create a legislative branch that relied on state population.

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new jersey plan

A legal document drafted by William Patterson that aimed to maintain equal representation for each state in the legislature, regardless of population size.

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the great compromise

Combined ideas from the Virginia plan and the New Jersey Plan and created the bicameral legislature that was comprised of the Senate and the House of Representatives

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three fifths compromise

Debate on whether slaves should be counted as part of a state’s population.

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article one

Created the Legislative Branch

Supposed to be the most powerful branch

Gave them the power to make law, tax, raise an army, and coin money.

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article two

Created the Executive branch

Can wage war, enforce laws, and deals with foreign nations

Can appoint government officials/judges

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article three

Created the Judicial Branch

Head is the Supreme Court

Interpret the law

The weakest of the three branches

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Federalism

A political system in which power is divided between a central authority and constituent political subunits

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enumerated powers

Powers delegated to Congress under Article 1

What is directly stated and given to Congress

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reserved powers

Powers retained by the states under the tenth amendment

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concurrent

Powers shared by the federal and state governments

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full faith and credit

Given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

Essentially, you trust the laws and policies of every other state.

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supremacy clause

The Constitution and laws passed by Congress shall be the “supreme law of the land”

Overrides state constitutions or state laws

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tenth amendment

The powers not delegated to the United Sates by the Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.

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federalist

People that wanted the new Constitution to be ratified

Ex: Alexander Hamilton and James Madison

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anti federalist

People that did not want the Constitution to be ratified

Patrick Henry and Richard Henry Lee

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dual federalism

Also known as layer cake federalism

A system where the federal and state governments have distinct and separate spheres of authority, with each level having clear, defined powers.

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cooperative federalism

Also known as marble cake federalism

A system where the federal and state governments collaborate on overlapping powers and responsibilities to address issues and implement programs.

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formula grants

Federal funds distributed to states or local governments based on a predetermined formula set by law.

Example: Medicaid

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project grants

Federal funds awarded based on competitive applications for specific projects.

Ex: Research grants from the National Science Foundation

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block grants

Federal funds given to states or localities for broad purposes with fewer restrictions.

The government gives these away and what they want it to be spent on but not exactly how. Has more freedom to it.

Ex: Temporary Assistance for Needy Families (TANF)

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regulated federalism

A type of federalism where the federal government sets regulations and mandates that state governments must follow.

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unfunded mandates

A requirement imposed on a state, local, or tribal government by a federal law or regulation, without adequate funding to cover the costs of compliance.

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devolution

The process of giving state and local governments the power to enforce regulations. Devolving the power from the national to the state and local governments

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commerce clause

Allows the federal government to regulate trade and economic activity that crosses state or national borders.

Established within Article one of the Constitution.

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anti federalist objections

Opponents of the ratification of the Constitution argued that the absence of a bill of rights demonstrated that rights were insecure under the proposed Constitution

They were also concerned about the state governments becoming powerless.