Ap Government & Political Science Flashcards
Theories of government (Political Theories)
Elitist theory-a small segment of the society dominated by the wealthy property owners who control the institutions of government.Pluralist theory- different groups working together through compromise.Majoritarian theory - also called direct democracy, a majority vote that determines policy usually in the form of a referendum or initiative.
Initiative and referendum (Constitutional Development)
Initiatives and referendums are key components of direct democracy that are among the political reforms that came about during the Progressive Era.Initiatives are citizen-led proposals that get on the ballot after a certain number of signatures are obtained on a petition.Legislative referendums appear on the ballot after the legislature votes to place a proposal on the ballot.Twenty- four states allow initiatives and referendums.Can be challenged in courts like any other legislative acts.Examples of initiatives and referendums: Prohibition of gay marriages, elimination of affirmative action programs, legalization of marijuana for medicinal use.
Declaration of Independence (1776)
Ideas taken from Locke, Rousseau, and MontesquieuLocke's principles include natural rights, life, liberty, and property and the consent of the governed.Offers a new philosophy of government that includes "unalienable rights" that leads to a limited government proposed by MontesquieuCreates a rationale for breaking away from England in a series of grievances, such as taxation without representation and the quartering of soldiers in houses.
Articles of Confederation (1781-1789)
State governments stronger than central governmentNo chief executiveOne house of Congress had power to declare war, sign treaties but no power to levy revenues (impose taxes)No national court systemOne state, one vote-larger states at the mercy of smaller statesStates could impose tariffs on each other and could print moneySignificant achievement was passage of the Northwest Ordinances in 1787Change required unanimous vote
Shays' Rebellion (1786-1787)
Daniel Shay was a veteran of the American Revolution and a farmer who found himself in debtHe led an insurrection against the Massachusetts government after his farm was put up for auction because he was unable to pay taxesBecause of the weaknesses of the Articles of Confederation, the national government could not respond to this uprisingShays' army was defeated by the state militia after a year
Federalist Paper #51 (1788)
Written by James Madison Defines the relationship among the three branches of government as independent To stay independent, no branch should have the total power to choose members of the other branches By creating a bicameral (two house) legislature, it protects the people from legislative tyrannyExplains that each branch of government should be selected in different ways.QUOTE: "It is evident that each department should have a will of its own; and consequently should be so constituted that the members of each should have as little agency as possible in the appointment of the members of the others."
Preamble to the Constitution (1789)
The introduction to the Constitution stating its purposesTo form a more perfect unionTo establish justiceTo insure domestic tranquillity To provide for the common defenseTo promote the general welfareTo secure the blessings of liberty
Constitutional Principles (1789-present)
Separation of powers for each branch of government; a division of powers between the federal and state governments Checks and balances giving each branch checks on other branches; the elastic clause giving Congress implied powersThe president was given specific executive powers as well as implied power, called inherent powersA federal judiciary that has the Supreme Court as the court of last resortRights guaranteed to the citizens; rights guaranteed to the statesAn amending process; a Supremacy Clause that makes the Constitution the supreme law of the land
Legislative Powers (The Constitution)
Defined in Article 1 Section 8Collect taxes, pay debts, borrow money, coin money, make laws dealing with counterfeiting Regulate interstate and foreign commerceEstablish an army, create a national guard, declare war, punish piracyEstablish a post office; Make copyright lawsMake laws dealing with immigration and naturalization To make all laws "necessary and proper" also known as the elastic clause
Elastic Clause (The Constitution)
Also known as the "necessary and proper clause"Found in Article 1 Section 8 clause 18 of the Constitution Gives Congress an implied power to "make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers..."
Enumerated, Delegated, Implied, and Concurrent Powers (The Constitution)
Enumerated and delegated powers are those powers that are listed in the Constitution and given to the Legislative branchImplied powers are those powers that expand the scope of the Congress, the President, and the Supreme CourtThe implied power for Congress is the Elastic Clause. The implied power for the president is the inherent power and the assumed power for Supreme Court is judicial reviewConcurrent powers are those powers that both the federal government and state government have in common such as a court system and the power to tax
Powers Denied to Congress (The Constitution)
Found in Article 1 Section 9 of the Constitution Prohibits Congress from suspending the Writ of Habeas Corpus (gives people due process)Prohibits Congress from passing a Bill of Attainder (a predetermined sentence without a trial) or an ex post facto law (a law that is retroactive)Prohibits Congress from passing an import or export tax on statesProhibits Congress from giving any titles of nobility to a citizen
Executive Powers (The Constitution)
Found in Article II of the Constitution Makes the president the "chief executive"Gives the president the title of "commander-in-chief"Gives the president the power to sign or veto legislation Gives the president the power to sign treatiesGives the president the power to appoint officials in his administration Gives the president the power to grant pardons and reprieves
Constitutional Convention Compromises (1787)
Convention called to initially amend the Articles of ConfederationDelegates came up with two major compromises that resulted in the adoption of a new ConstitutionGreat Compromise established a bicameral legislature. It was called the Connecticut Plan. It merged the New Jersey Plan, which advocated a single chamber with equal representation and the Virginia Plan that favored a single chamber based on population.The Three-Fifths Compromise settled the issue of slave representation. Three-fifths of the slaves would be counted for representation purposes; fugitive slave law extended and ban on slave tradeNo tariffs between states or on exports
The Federalist Papers (1788)
Written by Alexander Hamilton, John Jay, and James Madison. Madison used the pen name PubliusOutlined the reasons for the ratification of the Constitution Outlined the necessity of a government that would be forced to compromise as a result of the separate powers of each branchArgued that the proposed Constitution did not need a separate Bill of Rights since the Constitution had safeguards protecting individual rights
Federalist Paper #10 (1788)
-Written by James Madison, it outlined the reasons for the ratification of the Constitution -Centered on the "tyranny of the majority" and said that factions were inevitable. It made the claim that a republic would counter these factions-This republic is defined as individual states that have a defined power relationship with a central government -This federal system would keep factions formed in the states from taking control of the national government QUOTE: "By a faction, I understand a number of citizens, whether amounting to a majority or a minority of the whole, who are united and actuated by some common impulse of passion, or of interest, ad versed to the rights of other citizens, or to the permanent and aggregate interests of the community."
Federalist Paper #47 (1788)
Written by James Madison Makes the argument that separation of powers and checks and balances should exist among the three branches of government Explains that checks and balances protects each branch of government from becoming too powerfulThis form of government also protects the country from invasion Without checks and balances and separation of powers, citizens would face a loss of liberty QUOTE: "It is agreed on all sides, that the powers properly belonging to one of the departments ought not to be directly and completely administered by either of the departments."
Inherent Power of the President (The Constitution)
Inherent power of the president that expands the power of the president Derived from the delegated authority of the president as the chief executive and commander-in-chiefExplained through presidential signing statements that are attached to legislation Expanded by the use of executive privilege, executive orders, and precedent Examples: The president committing troops to foreign countries without seeking a declaration of war; the president establishing an electronic warrantless surveillance system without congressional approval; the president using a signing statement on a bill that prohibits torture to reserve the right to use interrogation techniques that the president deems legal
Judicial Powers (The Constitution)
Found in Article III of the Constitution The Constitution vests all judicial power in a Supreme Court and "inferior" courts (lower courts) established by CongressPowers expanded as a result of the application of judicial review in the case Marbury v. Madison (1803)Gives the courts power to hear cases that deal with laws and provisions of the United States Constitution and treaties made through original jurisdiction and appellate jurisdiction
Marbury v. Madison (1803)
Facts: William Marbury was appointed as a justice by President John Adams as part of his "midnight appointments"; Marbury never received the appointment because James Madison did not sign the papersIssues: Did the Supreme Court have the power to enforce a Writ of Mandamus(an order that would direct Madison to make the appointment of Marbury)? Was the Judiciary Act of 1789 correct in sending the case directly to the Supreme Court for review using original jurisdiction?Decision: Chief Justice John Marshall wrote that even though Marbury should have been appointed, the Supreme Court did not have the power to make that decision because the Judiciary Act of 1789 was unconstitutional Significance: As a result of the case, the Supreme Court assumed the power of judicial review that gave the courts the power to rule laws unconstitutional
Checks and Balances
Each branch of government has specific delegated powers given to them in the Constitution These powers limit the power of another branch of government Examples: President appoints officials; Senate must confirm them; president is commander-in-chief; Congress declares war; Congress passes legislation; president signs or vetoes legislation; Supreme Court decides whether legislation is constitutional
Division of Powers (Constitution)
Derived from Article IV of the Constitution and the Tenth Amendment-Reserve Power clauseEstablishes the federal system of government Defined as the differentiation of powers that the federal and state governments have
Full Faith and Credit
Found in Article IV of the Constitution Establishes the legal recognition of one state's law by every other stateExamples: If a person is married in one state, the marriage is recognized by other states; allows one state to enforce its own laws if a resident flees to another stateCurrent controversy: Congress passed the Defense of Marriage Act in 1996, which makes gay marriage an exception to the full faith and credit clause
Amending Process (Constitution)
Found in Article V of the Constitution Two methods of amending the Constitution The first method used to amend the Constitution directs the Congress to pass the amendment by a two-thirds vote and then the amendment is sent to the state legislatures. Three-fourths of the state legislatures must pass the amendment. There is usually a time limit amendments have to be passedThe second method used to amend the Constitution directs the calling of a constitutional convention by two-thirds of the state's to propose the amendment after which three-fourths of the state's must pass the amendment. This method has never been used.There are currently twenty-seven amendments to the Constitution
Supremacy Clause (The Constitution)
Found in Article VI of the United States Constitution Establishes that the Constitution is the "supreme law of the land"The basis of conflicts between state governments and the federal government In most cases, if a state law or state action conflicts with federal law, the federal law is held to be the law that appliesThe Civil War was fought in a large part as a result of the South challenging the supremacy clause as it applied to the issues of states' rights and slavery
Federalism (Constitution)
Federalist Paper #10 argued that a federal system would guarantee civil liberties and would counter factionsFederalism is the relationship between the national and state governments that has evolved since the Constitution was ratifiedFederalism has raised the issue of the extent state governments should have sovereignty versus the extent the federal government should be able to interfere with the state governments The general rule is that when the state governments do not address significant social or economic issues, the federal government passes legislation that forces the state governments to address the issuesExamples: Civil Rights, the environment, education, welfare, gun control