American Government Ch. 10-11

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American Government Ch. 10-11
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  1. A republic governed by a written constitution:
    Constitutional republic
  2. A constitutional republic is also known as what?
    federal republic
  3. Most modern nations today divide their power between what two governments?
    central and local governments
  4. The central and local governments divide their power into what three different systems?
    unitary, confederate, and federal
  5. What is the most common division in the world today?
    the unitary system
  6. In a confederacy the local unit posses what?
    all political power and delegates
  7. the local units select powers to what?
    The national government
  8. Between the unitary system and confederate system is what?
    the federal system
  9. What system divides political power between the national and state governments?
    The Federal system
  10. This system is one that divides political power between the national government and that state government?
    federal system
  11. What type of system does the United States have?
    federal system
  12. What was the fundamental reason why our Founders chose a federal system?
    because of their belief in the biblical teaching of fallen man
  13. how many governments does the United States have?
    a little more than 85,000 governments
  14. The constitution only mentions two types of governments what are they?
    national government and the state governments
  15. True or False: We have hundreds of governments in the US?
    False: We have thousands
  16. This is the cornerstone of our constitutional republic?
    federal principle
  17. What does the federal principle provides a balance of power that does what?
    preserves our rights and liberties
  18. The Founders incorporated the principle of the balance of power in our constitution in what two ways?
    • 1 by dividing power between the national governments and state governments
    • 2 by describing the obligations that those governments must accord with each other
  19. Delegated powers may be classified as what?
    expressed or implied powers
  20. Who established the document of implied powers in the landmark case of McCulloch vs Maryland?
    Supreme Court
  21. The most important provision in the constitution for that states is where?
    10th amendment
  22. Where in the constitution do we find reserved powers?
    10th amendment
  23. The 10th amendment declares that a state may exercise its power in what two ways:
    • 1 the power has not been given to the national government by the constitution
    • 2. the states are not prohibited by the constitution from exercising that power
  24. In article IV of the constitution, it declares 3obligations that states must fulfill toward other states. What are they?
    • 1 Full faith and credit - the act of one state honoring the civil laws and court decisions of other states
    • 2 Privileges and immunities-the special rights and protections guaranteed to the citizens of a state
    • 3. By extradition - the surrendering of an accused or convicted felon to the state from which he fled
  25. The Founders desired that the powers of the national government must be exercised how?
    independently by the states and vice versa
  26. This independent exercise of power for the national government is called what?
    dual federalism
  27. During the early part of the century, states believed that they could secede from the states if they did not what?
    Agree with a law that was passed by Congress.
  28. What type of system has the locate units possess all political power and delicates select powers to the national government?
    confederate
  29. What powers does the national government and state government exercise?
    concurrent powers
  30. Many people believe they could ignore a law if what they believed it to be unconstitutional. What is this belief called?
    Doctrine Nullification
  31. The conflicts between the states and the federal government culminated to what?
    The Civil War
  32. What became a major federal issue?
    the regulation of commerce by Congress
  33. What was the first major case dealing with the power of Congress actually occurred when?
    before the Civil War
  34. In the case Gibbons vs Ogden under the Supreme court under the leadership of Chief Justice John Marshall who did he rule in favor of?
    Gibbons
  35. The rise of national government to prominence above that state was made possible by what?
    in part by the institution of federal income tax
  36. What year was the 16th amendment adopted?
    1913
  37. The 16th amendment provided for what?
    the federal government to tax personal incomes
  38. Two great crises provided the federal government with the opportunity to extend its taxing power as the name of aiding that states.
    The Great Depression and WW II
  39. What type of system allows the central government began to work with the states to alleviate the economic woes which resulted from the Depression and the second WW ?
    cooperative federism
  40. What are federal grants?
    monies that the government gives to the state or local governments for some designated purpose
  41. Congress enacted a land grant under what name?
    Morrill Land Grant Act (1862)
  42. The Morril Land Grant Act gives to each member of Congress what?
    30,000 acres of land
  43. What was the first large grant from the federal government to the states called and under what president?
    the New Deal and President Franklin d Roosevelt
  44. Congress had alway granted money on the basis of what?
    whether or not the states wanted it
  45. Congress was issuing more penalties than incentives to force the states to implement federal programs called what?
    Coercive Federalism
  46. Which president used the expression "new federalism"?
    President Richard Nixon
  47. What did President Nixon use the term "new federalism" to describe?
    an effort to return more decision make power to the states
  48. Which president began to move the "new federalism" into a different direction?
    President Ronald Reagan
  49. The slow erosion of state authority has come above and continues mostly as a result of?
    the relationship between the Supreme Court and Congress
  50. The Due Process Clause states what?
    that a state cannot deprive any person of life, liberty, or property without the due process of the law
  51. True or False: in the past it was not unusual for the Supreme Court to declare a state law constitutional.
    False "unconstitutional?
  52. True or false: the Court rarely told the states what they must do
    True
  53. What happened i the Brown vs Board of Education II court case?
    Courts began compelling states to separate races in public school
  54. What was the name of the court case that gave Congress almost unlimited reign over the states?
    Garcia vs San Antonio Metropolitian Authority (1985)
  55. The Garcia vs San Antonio Metropolitican Authority case ruled that the congress could what?
    make state governments comply with the same minimum wage and maximum hour legislation required for federal employees
  56. What is it called when a federal law supersedes or overrides a similar state law?
    Preemption occurs
  57. A good example of early preemption is found in the enforcement of what act?
    Water Quality Act of 1965
  58. The Water Quality Act was the first law to establish what?
    a national policy on pollution control
  59. The most intrusive application of preemption has been what act?
    Clean Air Act of 1970
  60. What is the problem with the preemption approach?
    That Congress and its agencies treat the states as if they were under a unitary, rather than federal system
  61. What is another way that the Congress checks the authority of the states?
    Through the federal grant program
  62. What are block grants?
    allows states to have more jurisdiction in how to use the funds
  63. What are Categorical grants?
    used for a specific purpose
  64. With both block grants and categorical grants money granted to states is accompanied by what and what are the rules called?
    Rules that govern the use of that money. the rules are called mandates or conditions of aid
  65. What is the recent example of a controversial case regarding unfunded mandates and what did it require?
    Motor Voter Law (1993) it required that voting registration be available everywhere there was a state department of motor vehicles
  66. What is the Unfunded Mandates Reform Act?
    stated that Congress would have to conduct studies to determine the cost of mandates on the states
  67. This is a written plan which sets up a form of government and establishes its basic governing principles what is it?
    Constitution
  68. Two major features of a republican government are rules by what?
    law and rule by representation
  69. Name 3 ways that the US Constitution and State Constitutions are different:
    • US
    • 1 short
    • 2. rarely amended
    • 3 general in scope
    • State
    • 1. Lengthy
    • 2. Often amended
    • 3. Specific in scope
  70. A state constitution serves as a state's what?
    Fundamental law
  71. What is the oldest constitution in the world?
    the Massachusetts constitution
  72. Most constitutions can be divided into what basic sections?
    • 1 bill of rights
    • 2 description of state government
    • 3 description of local government
    • 4 general provisions
    • 5 provisions for change
  73. What is a minor change in the constitution called?
    an amendment
  74. What is a major change in the constitution called?
    a revision
  75. What is the most traditional method for revising the constitution or adoping a new one?
    the constitutional convention
  76. Ordinarily the convention process involves 4 elections what are they?
    • 1 voters approve the calling of a convention
    • 2 voters elect delegates to the convention
    • 3 convention delegates revise the old constitution or propose a new one
    • 4 the voters ratify or reject the new or revised constitution
  77. What are the 3 methods of proposing constitutional amendments among the states?
    convention proposal, legislative proposal and initiative proposal
  78. Amendments are most frequently proposed by who?
    state legislature
  79. What is the most commonly used for amending state constitutions?
    the legislative proposal
  80. Voters may propose constitutional amendments what is it called and why it is called that?
    the initiative because the citizens initiate the amendment
  81. What is it called when the voters of a state approve or reject a proposed amendment?
    referendum
  82. what is one of the most important functions of state government?
    law enforcement
  83. _______ has lost much of their powers to federal government
    states
  84. What two factors are responsible for the states loosing their power to the federal government?
    • 1 court rulings have consistently added to federal power
    • 2 states have grown increasingly dependent on federal funds
  85. What is the name of the official residence of the home for the governor?
    the governor's mansion
  86. What are the qualifications for those who seek to become a governor?
    • 1 must be at least 30 years of age
    • 2 must be a US citizen
    • 3 must have been a resident of that state for a minimum period of time
  87. What is a way for a person to increase their chances of becoming a governor?
    • 1 if he resides in a heavily populated of voters
    • 2 the character of the candidate
    • 3 if he appeals to voters
    • 4 his position on key issues
  88. In 46 states a candidate needs only to have what to win?
    "plurality" more votes than anyone else
  89. What two states does the governor serve only 2 years?
    Vermont and New Hampshire
  90. Other than Vermont and New Hampshire how long does a governor serve?
    4 years
  91. In 43 states the governor is succeeded by who?
    Lieutenant governor
  92. In _____ states president of the senate succeeds to the office
    4
  93. In ____ states the secretary of the state takes the place of the governor.
    3
  94. if the legislature removes the governor from office, what is it called?
    impreachment
  95. If the voters remove a governor from office it is called what?
    a recall
  96. In every state but ______ the governor may be impeached
    Oregon
  97. In 16 states including ______ the governor can be recalled.
    Oregon
  98. A governor also holds the title of what?
    ex officio (by the virtue of his office)
  99. This dictates how a law should be carried out?
    executive order
  100. Most governors hold 3 important legislative powers what are they?
    • 1 they can recommend legislation
    • 2 they can call special sessions of the legisture in every state but North Carolina
    • 3 they can veto acts passed by legislature
  101. Unlike the President, governors do not posses what?
    Pocket veto
  102. Most governors do possess the power to veto part of a bill without vetoing the entire bill. What is this called?
    item veto
  103. True or false: In some states governors hold absolute veto
    False: the legislature of every state can override the governor's veto
  104. What is clemency powers?
    Every governor has the right to: pardon someone from jail, grant a reprieve from sentencing, to commute (reduce) a sentence from a court and power to parole a prisoner
  105. How is a lieutenant governor elected?
    by the voters
  106. The constitution in all but two states provides for a secretary of state. What are those states?
    Alaska and Hawaii
  107. Each state has an attorney general. What does he do?
    he gives legal advise to the governor and other state officials. He is also the state's chief prosecutor.
  108. What is the state treasurer?
    guardian of the state funds
  109. Who sees that the funding of each state is properly spent of the state treasurer?
    the auditor or comptroller
  110. Every state has an officer who oversees the operations of the public school system. What is he called?
    superintendent of public instruction or the commissioner of education
  111. What is a bicameral legislature?
    two houses
  112. What state has unicameral legislature and what does it mean?
    Nebraska and has 'one house'
  113. Which house is smaller the upper or lower house?
    the upper house
  114. What did the Supreme court rule in the historic case of Baker vs Carr?
    That the federal courts could now hear cases in which it was alleged that the state apportionment violated Equal Protection Clause of the 14th amendment
  115. In the case of Reynolds vs Sims what did the Supreme Court rule?
    that apportionment of both houses of state legislature must be based upon the population
  116. What are the qualifications for state legislatures?
    • 1. must meet age, citizenship and residency requirements
    • 2 in a few cases a person 18 years old may be elected to legislature but in most cases the minimum age is 21
  117. How do voters choose their political party's nominees?
    direct primary
  118. What is it called to propose constitutional amendments?
    constituent power
  119. In states with bicameral legislature the lower house elects its own presiding officer known as what?
    the speaker
  120. A popularly elected lieutenant governor serves as what?
    president of the senate
  121. Who presides in the president's absence?
    president pro tempore
  122. Who keeps order at the legislature meetings?
    sergeant at arms
  123. Who keeps unauthorized people from entering a legislature chamber?
    door keeper
  124. What is it called when a person is kept busy by running errands for legislatures?
    pages
  125. What is a committee system?
    when the standing committee of each house usually deal with the particular subjects such as taxes, education or highways
  126. This is made up of members of both houses and often keep the two houses from finding themselves at odds with one another what is it called?
    joint committees
  127. True or false: Only a member of the congress can officially introduce a bill
    False only a member of the state legislature can officially introduce a bill
  128. What is a standing vote?
    stand to be counted
  129. what is a teller vote?
    the legislatures line up and file between two "tellers" who record their votes as they pass by
  130. What is a roll count vote?
    when a person announces their vote "nay" or "yea" or "present"
  131. What can be used to initiative to propose ordinary statutory law?
    the initiative
  132. Acts of the state legislature may be presented (referred) to voters for their approval by what?
    the referendum
  133. What percentage of all court systems handled in the Us are decided by state courts?
    90%
  134. What are the 4 basic levels of state courts?
    lower courts, general trial courts, appellate court and a supreme court
  135. What is at the bottom of our court system and where are they found?
    Justice of the peace courts; they are found primarily in small towns and rural areas
  136. What are the lowest states often known as?
    magistrate courts or police courts
  137. In many larger urban areas magistrate and police courts have been replaced by what?
    municipal courts
  138. This exists to help people collect small amounts of money due to them what is it?
    small claims court
  139. Above the lower state courts is a second level. What is that level called?
    the general trial courts
  140. General trial courts are ________ ____ __________
    courts of record
  141. What type of jurisdiction do most general trial courts have?
    original
  142. True or false: In regards to the facts of a case, the decision of a general trial court is usually temporary.
    False it is permanent
  143. What can be for questions which arise from a ruling of a case?
    it may be appealed to a higher court
  144. who presides over the trial courts and how do they get their offices?
    Judges and they are elected
  145. In addition to the judge what other officers are in the court?
    court clerk, bailiff
  146. What is the third level of courts called?
    intermediate appellate courts
  147. What is the general purpose of the appellate courts?
    to ease the case load of a state's highest court
  148. An appellate court does not normally concern itself with the facts of a case. Instead it seeks what?
    to determine whether law was correctly interpreted and applied by the lower court
  149. What is at the top of the state's judicial system?
    the state's supreme court
  150. How many justices usually sit on a state supreme court?
    5 or 7 but in Delaware there are only 3 and in some states they are as many as 9
  151. What is the court of last resort to any state called?
    state supreme court to which a case can be appealed
  152. What are some type of things that a state might hear an appeal?
    an interpretation of the US constitution or some other federal question
  153. A group of people selected to ascertain the truth on the basis of evidence?
    the jury
  154. How old do most states require jurors to be?
    at least 21 years of age
  155. A person who testifies under oath about the case he has seen?
    a witness
  156. What is the largest unit of local government called?
    a county
  157. Organized county governments exist in every state except what two states?
    Rhode Island and Connecticut
  158. What is called when a county government has its headquarters?
    a county seat
  159. County offices are usually houses in what?
    county courthouse or county building
  160. A popularly elected governing body is referred to as what?
    county board
  161. A county board may be generally be classified as one of two types what are they and which is more common:
    • 1 a board of ocmmissioners
    • 2 board of supervisors this is more common
  162. What is elected to represent townships within their county and usually hold a township office as well as a county office?
    members of a board of supervisors
  163. Who provides police protection in rural areas?
    the sheriff
  164. who appraises the taxable property within the county?
    The county assessor
  165. Who receives the taxes and fees and acts are caretaker of county funds and make authorized payments from the country treasurer?
    the treasurer
  166. Who supervises the county's financial records and authorizes the spending of county funds
    auditor
  167. The person who maintains the county records and issues various kinds of license is called what?
    the clerk sometimes called the recorder
  168. Who conducts criminal investigations and prosecutes cases tried in local cases?
    the prosecuting attorney also called the district attorney or state's attorney
  169. Who investigates the cause of death when people died?
    coroner
  170. In many counties coroners have been replaced by?
    county medical examiner
  171. Who heads up the administration of all or some of the public elementary or secondary schools in the county?
    superintendent of schools
  172. Who is the elected chief executor usually known as?
    the county president or county supervisor
  173. What is a county manger plan?
    the county boards hires a professional county manager who ideally is highly trained in his field
  174. What is the plan that county managers sets up to clear a chain of command?
    department heads take orders from the manager; the manager answers to the county board; the board members face voters on election day
  175. What is the most important unit of local government?
    the town
  176. What does each town include?
    all of the urban and rural territory within its borders

    outside of new England it is called township but within New England it is called a town
  177. What it is called when a traditional town wants to get together to meet?
    a town meeting
  178. What do the smaller towns have in comparison to the county board?
    selectmen
  179. What did the early American settlers develop as a system of local government?
    township (functions largely as subdivisions of counties)
  180. Is a municipality corporated or incorporated and what does it mean?
    incorporated. it means it has been designated as a legal governmental organization with certain rights and responsibilities.
  181. Are small communities corporated or unincorporated?
    unincorporated meaning they have no government of their own
  182. What is a city charter?
    a legal document granted by the state which outlines a form of government for the city
  183. Every city charter provides for one of three basic forms of city government. what are they?
    the mayor council for, the commission form, and the council-manager form
  184. What is the mayor-council form?
    the oldest and most widely used form of city government whose members are popularly elected sometimes by wards (or districts)
  185. What is the commission form of government?
    Under this form, the popularly elected commissioners (usually 5) head the city government
  186. What is the council manager form of government?
    essentially a modification of the mayor/council form better with populations 10,000-500,000. Voters elect members of city council
  187. What is a planning commission?
    a planning agency
  188. What is zoning?
    • dividing a city into numerous zones and regulating the use of property in early zones. Normally lands are zoned:
    • residential,, commercial and industrial.
  189. What is a suburb?
    developed areas outside the city limits
  190. What is annexing?
    When a city extends its city limits
  191. What is extraterritorial powers?
    certain regulatory powers outside the city limits
  192. Describe a metropolitan area?
    a major city and the populated area surrounding it which may include smaller towns
  193. What are special districts?
    limited to providing one ore sometimes several governmental services. the most common special districts are school districts.
  194. What is the single most important source of revenue among states today?
    sales tax
  195. What is a sales tax?
    a tax that is levied on the retail sale of commodity purchased by the consumer
  196. what is a general sales tax?
    it applies to the sale of most products
  197. What is selective sales taxes?
    a tax that singles out specific items to be taxed
  198. what is regressive tax?
    places the greatest burden on those with the lower incomes.
  199. Besides sales tax what is another important source of revenue for many states?
    individual income tax and corporate income tax
  200. What type of persons pay a higher percentage of sales tax?
    progressive (it targets the rich)
  201. What is uniform?
    Corporate income tax (when corporations pay a certain fixed percentage of profits)
  202. What is an inheritance tax?
    tax put on an estate that a person inherits at the time of death
  203. What is gift tax?
    when one gives a large gift of money or property to another person.
  204. What is the chief course of income for local governments?
    property tax
  205. What does real property include?
    land, buildings, improvements on land
  206. What is personal property?
    includes personal possessions may be divided into tangible personal property
  207. What are some examples of tangible personal property?
    bank accounts, stocks, bonds
  208. What is assessment of property used to do?
    determine its value for tax purposes and is usually done by a popularly elected county, township or city assessor
  209. What is a mill?
    Often expressed as property tax rates. a mill is a thousandth of a dollar a tenth of a cent
  210. What are business taxes?
    requires that corporations be licensed to do business within the with each state require the licensing of various other kinds of business activity.
  211. What is a severance tax?
    the removal of natural resources
  212. What is the one form of non tax revenue that has increased notably in recent years?
    Fees charged by special government districts for such services as water and utilities.
  213. The highest percentage of money spent by each state is for what?
    education
  214. what is the second highest percentage of money spent by each state used for?
    construction and maintenance of highways

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