APG Unit I Review2013

Identify a few key aspects of the British legal tradition

that influenced our Constitution.

Magna Carta (limit power of monarch, guarantee rights

to nobles), Growth of Parliament, English Bill of

Rights extends rights

What two other influences did this tradition combine

with to shape our Constitution?

Enlightenment ideas and our colonial experiences,

especially those preceding the Revolutionary war

What philosophe argued in favor of a three branch

government and a system of checks and balances?

Montesquieu

Who was the first to introduce the idea of natural

rights that should be protected? What are these

rights?

John Locke; life liberty and property

What was Locke’s social contract?

The people had the right to overthrow a government that did not protect these

rights

What were the two primary purposes of the Declaration

of Independence?

Establish ideology for new nation and list grievances

against King George III

What document defined the first gov’t of the U.S.? Who

drafted it?

Articles of Confederation; 2nd Continental Congress

(same as D of I)

What were three key weaknesses of this

document?

no executive, no power to tax, coin money, regulate trade, pay for a military

Identify three of the men who stood out as early leaders of

the Constitutional Convention.

George Washington, Benjamin Franklin, James Wilson, James Madison

What is the key difference between direct and

representative democracy? Which do we have?

Direct: People vote directly on issue, representative: people choose those who make decisions for them; we have Representative (Republican Democracy)

What theory of democracy holds that the policy agenda

is largely influenced by interest groups that compete for influence? What theory holds that these groups are

too powerful?

Pluralist theory, Hyperpluralist

Who controls the government, according to

the elite theory? The bureaucratic theory?Elite: a small group of wealthy and powerful

individuals exert controlBureaucratic: It’s the people

who carry out the work of the government who have

actual control

Which section of the Constitution establishes its

purpose? Who did it say the Constitution would serve?

The Preamble, the people

How many articles does the Constitution have? What do

the first three cover?

7, the 3 major branches

Which part of our government is most directly responsive to the people?

The House of Reps, members elected by their district every two years

What are two ways that the original Constitution took

some of the electoral decision making further away from the people?Senators were chosen by

their state legislature, Electoral College

(members chosen by state legs) chooses the

President

What is the “supremacy clause”?

Makes it clear that the Constitution is the

supreme law of the land

What is the last section of the Constitution made up of?

Why is this so important?

Amendments, which allow the Constitution to be changed – makes it a

flexible “living” document

The Constitution is based on rule of the people, also

known as ______.

Popular sovereignty

What are delegated powers? What are two other names

for them?

Powers specifically assigned to the federal gov’t in the constitution; expressed or

enumerated

Powers derived from the general terms of the constitution, but not

specifically listed there are known as ________ powers.

Implied

Powers of the government that come from the fact that the government is sovereign are known as ______ powers.

Inherent

Powers left to the people and the states, or denied altogether are often referred to as __________

powers. Denied powers include ________ and _________.

Reserved, ex post facto laws and bills of attainder

Powers shared by state and federal governments are

called __________.

Concurrent powers

How does the Constitution handle the question of

political parties?

It doesn’t, parties have emerged and reshaped

their coalitions (who supports them) over time

What is the name for a system in which power is

divided and shared between national and state

governments?

federalism

Why did the founders choose a federalist approach?

Even though the weak union of the A of C failed, they still feared putting too much

power in the hands of the central (or national) gov’t

What is dual (layer cake) federalism? When was it

most in practice?

When state and federal governments worked in

coexistence but not cooperation, 1789-1932

What is cooperative (marble cake) federalism? When was

it most in practice?

When national and state governments both work on common policy areas (law

enforcement, welfare, etc.); New Deal to Great Society

When the federal government cedes more specific policy making

powers to the state governments it is called

_____.

devolution (power being passed down)

The governments thinking, strategy, plan, and actions related to a particular issue are known as ___________.

Public policy

What is a block grant? A categorical grant?

Block grant is money given to state by fed with a general

purpose, categorical is money given with a specifically designed purpose and

guidelines

What is the primary purpose of separation of powers?

Limit overall power of central gov’t by dividing

powers between branches

What is judicial review? What case established it?

The power of the courts to declare laws invalid if they violate the Constitution,

Marbury v. Madison

Define the concept of limited gov’t.

The Constitution limits gov’t by specifically listing the powers it does and does

not have

Which branch did the founders believe would be the most

powerful? Why did they fear its power?

Congress, bad experiences with Parliament’s abuses

of legislative power

What gives Congress the power to make all laws

“necessary and proper”?

Elastic clause

In what way do we have a “dual court” system in the

U.S.?

We have both Federal and State courts, each of whom has different

jurisdictions

What is the only way to overrule the Supreme Court

on a constitutional issue?

Amend the Constitution

Which early plan became the basis for the new

constitution? Who was its primary author?

The Virginia Plan, James Madison

Define the concept of limited gov’t.

The Constitution limits gov’t by specifically listing the powers it does and does

not have

Why was limited gov’t so important to the framers?

They wanted to protect states rights, they feared

an overly powerful national government (bad

experiences with King & Parliament)

Which plan was devised to represent the needs of the

small states?

The New Jersey Plan

Why did the New Jersey Plan want to keep the unicameral

legislature?

Because it made representation equal for all states, regardless of size

After the New Jersey Plan was rejected, what question deadlocked the Convention?

Whether representation should be equal for all states or

determined by population

What was the name of the compromise that resolved this issue? What did it do?

Connecticut Compromise, provided for 2 houses - the

House (by population) & the Senate (equal for all

states)

What issue was resolved by the 3/5 Compromise? How

did it resolve the issue?

How to count slaves in a state’s population, 1 slave

= 3/5 of a free man (for both representation and

taxes)

What 2 groups quickly formed during the debate

over ratification

Federalists (for the Cons.) and Anti Federalists (against the Cons.)

Identify two reasons the Anti-Federalists opposed the

new Constitutions.

Drafted in secret, the convention had

overstepped it’s bounds, main reason: had no Bill of

Rights, limited popular participation

What famous Patriot was opposed to the Constitution because it lacked a bill of

rights? What was his argument?

Patrick Henry, if people are not explicitly given rights the government will take

them away

Why did the federalists argue that a Bill of Rights

was unnecessary?

because most of the states already had them in their

constitutions

What did the federalists promise in order to move the

Constitution toward ratification?

that a Bill of Rights would be the first order of

business for the new gov’t

Which Constitutional clause has been used most often to

expand the power of the national gov’t? How?

Commerce clause; so many things fall under the purview of regulating

commerce

What did John Jay and Alexander Hamilton do to try and assure ratification in New

York?

They wrote The Federalist Papers making a strong

case for ratification

Who served as the first President and Vice President of

the United States?

George Washington and John Adams

Which branch did the framers intend to have the

most power?

The legislative branch (Congress)

Who has the power to enforce laws?

President (Executive Branch)

Who appoints Justices & Ambassadors? Who

approves them?

President, Senate

Who has the power to negotiate treaties and

enforce the laws?

President

Who has the power to declares laws/acts unconstitutional?

Judicial Branch/Supreme Court

Who has the power to tax, regulate trade and coin

money?

Congress

Who is commander in Chief of the armed forces and also in

charge of federal departments (Defense, Treasury, State, etc.)

the President

Who has the power to declare war, raise an army,

and approve treaties?

Congress

Which amendment states that powers not granted to the federal government nor prohibited to the states are reserved to the states

or the people?

Tenth

What is a federal mandate? Give 1-2 examples.

A law in which the state governments must follow rules

established by the federal government; Americans with Disabilities Act, No Child Left

Behind, Clean Air Act, etc.

What is an unfunded mandate? How do states feel

about these?

When the federal government requires states to perform certain tasks without providing needed

funding, states don’t like the extra burden without $$$ support

How did the framers handle their fears regarding the

abuse of executive power?

Put many legislative & judicial checks on the

executive in place

The federal gov’t providing funding to state

governments is an example of ________ federalism.

Fiscal

What are three types of funding the federal

government provides to states? Which of these gives the state

the most control?

Categorical grants, matching grants, formula

grants, block grants; block grants

Which type of federal funding to the states is most

restrictive?

categorical grants must be spent on specific things and are more restrictive

What was the Bill of Rights originally intended for?

To protect citizens against the actions of the federal

government

What SC decision established a precedent for

judicial review?

Marbury v. Madison

When federal and state gov’ts work together on a

project, it is known as _________ federalism. Name

two examples.

Cooperative; highways, fed involvement in education,

certain areas of law enforcement, documentation

standards for immigrants

Does federalism centralize or decentralize government?

Why is this important?

Decentralizes, important because it involves more people/groups

in government and provides more access to power (allows

ideas to flow from states/people)

Why is regulating commerce such an important power for

Congress?

Because commerce has been defined broadly, so through this power

Congress can do everything from desegregate public

accommodations to pass environmental regulations

Under our federalist system, what are two chief

obligations the states have to each other?

Full Faith and Credit (honor contracts and licenses),

Extradition, Privileges and Immunities