Tkacs AP Gov Unit 1 Test Review

Classical Republicanism

Classical Republicanism

The devotion of citizens to the common good. Qualities of a classical republican society: moral education, not for private or self interest

Civic Virtue

Citizens expected to set aside personal interests to promote the common good

Natural Rights Philosophy

Every person has God-given natural rights that no one can take away. If a government does take these rights away, the people have the right to revolution.

Magna Carta

(1215) document stating that the king and his government was not above the law

Rule of Law

(part of magna carta) The principle that every member of society, even rulers, must obey the law

Writ of Habeas Corpus

No government official can hold someone in prison arbitrarily or indefinitely

Stare Decisis

"let the precedent (decision) stand." Ruling in a similar matter to the past.

Writs of Assistance (ended with the 4th amendment)

General warrants that gave officials authority to search and seize colonial property

Common themes among late 18th Century STATE constitutions

Popular sovereignty, limited government, civil rights and liberties, separation of Powers and Checks and Balances

Articles of Confederation

a written agreement ratified in 1781 by the thirteen original states; it provided a legal symbol of their union by giving the central government no coercive power over the states or their citizens

Bill of attainder

A punishment ordered by a legislature rather than a court

Ex post facto

changes the legality of an act after it has occurred

Shays' Rebellion

Attacks for a stronger national government

Constitutional Convention

the convention of United States statesmen who drafted the United States Constitution in 1787

Civil Discourse

A reasoned discussion in which every member has the opportunity to speak on any question

Virginia Plan

(Failed) Proposed a strong national government. National government would have the power to make and enforce laws and to collect taxes

New Jersey Plan

(Failed) Congress has one house, executive branch made of several persons appointed by Congress, Supreme court appointed by executive branch

Great Compromise

House of Reps elected by people by proportional representation, equal representation of each state in Senate, House of Reps has power to develop all bills of taxation and government spending, Senate accepts or rejects bills.

Three-Fifths Compromise

Each slave would by counted as 3/5s of a person when computing direct taxes (taxes owed by states to the national government)

Proportional Representation

States with larger populations would have more representatives in the legislature

Electoral College

the body of electors who formally elect the United States president and vice president

Ratification process for the Constitution

Approval by at least 9 states

federal government

Divides power between national and local forms of government, States are given considerable self-rule, Power may be diffused in the federal system, conflicts between governments is inevitable

unitary government

One central government that holds all power, standardization of laws and implementation across the country, vulnerable to abuse

Federalism: Balance of power

States have authority within their boundaries and national authority extends across the states

10th amendment

Powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the States or to the people

Enumerated/expressed power

Powers specifically listed, most of which are in Article I, Section 8, of the Constitution

Concurrent powers

Powers shared by both the federal government and state governments

Implied powers

Powers that are needed to perform enumerated powers (ex: printing postage stamps, signing treaties, declaring war)

Inherent powers

Powers congress cannot run without (ex: immigration control, international relations, ability to acquire territory)

Extradition

States are required to return a person charged with a crime in another state to that state for trial or imprisonment

Necessary and Proper Clause

Laws that are "necessary and proper" for carrying out enumerated powers

Commerce Clause

Congress has the power to regulate commerce with foreign nations and among states as well as within states. Useful when combined with the Necessary and Proper Clause, serves as the basis for civil rights legislation

Supremacy Clause

Federal laws take priority over any conflicting state laws

Cooperative Federalism

Based on a pragmatic mixing of authority and programs among the national, state, and local governments, GOVERNMENTS WORK TOGETHER

How much does each citizen owe if all national debt was instantly paid off

$93,438

Dual Federalism

Based on a clear delineation of authority and programs among the levels of government. GOVERNMENTS WORK SEPARATELY FROM EACH OTHER

Deficit spending

federal government spending exceeds revenue

Categorical grants

A federal grant of money to states or localities for a specific purpose (project and formula)

Block grants

Grants that specify the general area in which funds may be spent but leave it to the states to specify allocations

Direct order mandate

Requirements that can be enforce by legal and civil penalties

Cross-cutting mandate

A condition of one federal grant is extended to all activities supported by federal funds. Failure to comply in one program could cost federal funds in other areas

Crossover mandate

To remain eligible for full federal funding for one program, the state must adhere to the guidelines of an unrelated program (ex: bring drinking age to 21 to receive funds for roads)

Devolution

(DECENTRALIZATION) The statutory granting of power from the central government of a Sovereign state to a government at a subnational level, such as a regional, local, or state level

Legacy of New Deal on Modern Federalism

Changed how citizens viewed the national government

Modern federalism

Events that expanded federal power (ex: Civil War, FDR's New Deal, LBJ's Great Society)

Federalist 10

Said the Large republic is needed to protect against factions. "New science of politics". Larger population and a larger nation has more diversity -> No one faction can gain a majority

Federalist 51

Addresses importance of checks and balances -> "Ambition must be made to counteract ambition". Advocated separation of powers. Supports large republic (again)

Brutus 1

Antifederalist paper: opposes supremacy clause, states do not have power to tax(cannot function), elected reps will not reflect population(people are just looking for power)

McCulloch v Maryland

Congress has power to incorporate bank, Maryland cannot tax instruments of national government

Gibbons v Ogden

NY law was invalid by virtue of Supremacy Clause, national government had exclusive power over interstate commerce, negating state laws interfering with the exercise of power

US v Lopez

Congress does not have jurisdiction with the Commerce Clause. "The commerce authority does not include the authority to regulate each and every aspect of local schools"