US History and Government First Test Flashcards Flashcards Table View

     

What are the 3 purposes of government? Maintain order (state of nature), provide public goods (free riders), protect property
 Created during the Revolutionary War The states retained their sovereignty and operated independently of the federal government. No executive, federal courts A single-chamber Congress with each state getting one vote Amendments had to be unanimous Articles of Confederation
 Poor farmers in Massachusetts attempted to stop foreclosures on their farms by shutting down the local courts State militia was unwilling to initially put down the rebellion (as many of the rebels were also members of the state militia) No federal army Boston Merchants hired an army to put it down Shay's Rebellion
Originally just slated to revise the Articles – 12 states sent delegates Quickly became clear that the delegates planned to rewrite the Articles, not just amend them Constitutional Convention
James Madison wanted to weaken the states and strengthen the Federal government (as was thus a “Federalist” His plan created a legislature directly elected by the people – seats were allotted based on population That federal legislature could nullify state laws if they were “incompetent” There would be an executive and judiciary appointed by the legislature Virginia Plan
Sticks with a unicameral legislature with each state getting the same number of seats A plural executive chosen by the legislature but could be removed by majority of state governors Congress retains limited ability to tax or regulate the states New Jersey Plan
House is directly elected by the people, Senate elected by the state legislatures with the same number of seats per state Congress gets to regulate trade “among the several states”, create an army, raise taxes, and their acts are “supreme” to contradictory state acts President elected indirectly by the people Federal Court is nominated by the President and confirmed by the Senate Connecticut Compromise
wanted to weaken the states and strengthen the Federal government plan created a legislature directly elected by the people – seats were allotted based on population There would be an executive and judiciary appointed by the legislature Madison's Goals for Constitution
Limited government, popular sovereignty, checks and balances, separation of powers, judicial review, federalism Principles of US Constitutionalism
Constitutionalism – government is limited to the powers given to it by the constitution Rule of law – that everyone, even elected officials, in answerable to the law. Limited Government
Answers the vexing question of sovereignty – why are you charge? Preamble: “We the People . . . do ordain and establish this Constitution” Organization and timing of Presidential and Congressional elections carefully spelled out States guaranteed a Republican form of government Popular sovereignty
 Not only do you divide up functions of government , but you pit each branch against each other Uniquely American idea checks and balances
Congress – write the laws President – enforce the  laws Courts – interpret the laws House – interests within the state Senate – interests of the whole state Presidency – interests of the whole country separation of powers
Ability to void action of Congress and/or President (as well as the states) Not explicit to the Constitution, but to some extent expected Court has struck down about 150 acts of Congress but more than a thousand state laws judicial review
 Division of power between state and federal levels of government Reflection of the political reality when the Constitution was created Births, marriages, divorces, contracts, the bulk of criminal and civil law all happen at the state level federalism
a state law conflicts with either federal law or the US Constitution then the state law is voided Supremacy Clause
powers not given to the federal government revert to the states or the people 10th Amendment
Congress gets to regulate trade “among the several states” Commerce Clause
Congress can spend money to promote the general welfare Ties strings to money (21 drinking age, 55 speed limit) General Welfare Clause
Advantages for Federalism? “Laboratories of democracy” (welfare reform), address local issues and concerns, opportunities for local participation
Disadvantages for Federalism? Government services can vary (schools), Inconsistency and confusion (driving laws), “rush to the bottom
Bicameralism Composed of or based on two legislative chambers or branches
The legislature of the United States Defined in Article I of the Constitution All legislative power is vested in the U.S. Congress US Congress
Speaker of the House? Nancy Pelosi (D-CA)
Majority Leader? Steny Hoyer (D-MD)
Minority Leader? John Boehner (R-OH)
in which the bureaucracy ”fills in the blanks” of vague legislation Bureaucracy