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Barron's Flashcards 1-40: Constitutional Foundations, Political Theories and the Constitution

AB
Theories of GovernmentElitist theory welathy conrol), Pluralist Theory (compromose), Majoritarian Theory (direct democracy)
Initiative and ReferendumInitiatives are citizen-led; Referendum are legislture-led
Declaration of IndependenceCreates a rationale for breaking away from England in a series of grievances (taxatin w/o representation; quartering of soldiers)
Articles of ConfederationStrong state governments; no nat'l courts; no chief executive; change required unanimous vote; one state, one vote
Shays' RebellionBecause of the weakness of the A of C, the national gov't could not respond to this uprising
Constitutional Convention CompromisesGreat/Connecticut Compromise (bi-cameral leg); 3/5s Compromise (how to count slaves); no tariffs between states or on exports
The Federalist PapersWritten by Hamilton, Jay and Madison. Outlined reasons for ratifying the Constitution
Federalist Paper #10By Madison; Centered on "tyranny of the majority"
Federalist Paper #47By Madison; Argues in favor of checks and balances
Federalist Paper #51By Madison; Each branch shoudl be selected in a diff't way; no branch should have total power to choose members of other branches
Preamble to the Constitution1) to form a more perfect union; 2) to establish justice; 3) to insure domestic tranquility; 4) to provide for the common defense; 5) to promote the general welfare; 6) to secure the blessings of liberty
Constitutional PrinciplesSeparation of Powers; Checks and Balances; implied powers; rights guaranteed to citizens and to the states; Supremacy Clause
Legislative PowersDefined in Article I, Section 8: collect taxes, pay debts, borrow money, coin money, regulate commerce, establish armed forces, and all laws that are "necessary and proper"
Elastic ClauseAKA "necessary and proper clause (I, 8:18)
Enumerated, Delegated, Implied and Concurrent PowersEnumerated: those listed; Implied: expand the power of Congress (Elastic Clause); Concurrent: common court system, and the power to tax
Powers Denied to Congresssuspending habeas corpus; bills of attainder; ex post facto laws; import/export taxes between states; title of nobility
Executive PowersChief Exec; Commander in Chief; sign treaties; sign/veto legislation
Inherent power of the PresidentExamples: the pres committing troops w/o declaring war; signing statements
Judicial PowersJudicial Review (Article III stuff)
Marbury v. Madisonestablishes judicial review--to rule laws unconstitutional
Checks and BalancesEach branch of gov't has specific, delegated powers given to them in the Constitution; these powers limit the power of another branch of gov't
Division of PowersFrom Article IV; establishes the federal system of government
Full Faith and CreditArticle IV; establishes the legal recognition of one state's laws by every other state
Amending ProcessArticle V; 2/3 vote of Congress and then 3/4 of all state legislatures; OR constitutional convention called by 2/3 of states to propose, and 3/4 of states then pass (second method has never been used)
Supremacy ClauseArticle VI; Constitution is the supreme law of the land
Federalismthe relationship between the nationla and state governments that has eveloved since the Constitution was ratified
Dual or Layer Cake FederalismDefines a narrow relationship between federal and state governments; metaphor to describe distinct differences between federal and state powers
Dual SovereigntyPost-Civil War relationship between national and state governments; Feds and states each exercise authority over their citizens w/o interference from the other
Marble Cake Federalismresult of New Deal; the intrusion of nat'l government into areas that were traitionally state government authority; overlapping of state and nat'l affairs
Creative Federalismresult of President Johnson's Great Society; created rules and guidelines, set by the fed. gov't for states to get benefits
New FederalismNixon/Reagan/Bush I; decentralizing federal government services and programs; downsizing fed. gov't; reduce federal income taxes, reducing spending, and money give to the states by the fed. gov't
Fiscal federalismDefines federlism as the means by which the federal government provides monetary support to the states; utilizes grants-in-aid as a form of financial incentives to the states (project grants or formula grants)
Grants-in-Aidmoney provided by the federal government to the tates for specific purposes
DevolutionA return of power to the states (initiated by GOP in 1994) "the era of big government is over" Bill Clinton said that
Gibbons vs. Ogden1824; established COngressional authority in the area of interstate commerce
Unfunded mandatesCongress passed laws that the states must fund, without any help from the federal government (examples: Americans with Disabilities Act; Motor Voter Act; No Child Left Behind Act)
No Child Left Behind Actcreated increased accountablity for school districts by establishing national testing in English and Math in grades 3-8. An unfunded mandate


Oh Captain, My Captain
Centry High School: Home of the Panthers

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