American Government Ch. 10-11
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American Government Ch. 10-11
A republic governed by a written constitution:
A constitutional republic is also known as what?
Most modern nations today divide their power between what two governments?
central and local governments
The central and local governments divide their power into what three different systems?
unitary, confederate, and federal
What is the most common division in the world today?
the unitary system
In a confederacy the local unit posses what?
all political power and delegates
the local units select powers to what?
The national government
Between the unitary system and confederate system is what?
the federal system
What system divides political power between the national and state governments?
The Federal system
This system is one that divides political power between the national government and that state government?
What type of system does the United States have?
What was the fundamental reason why our Founders chose a federal system?
because of their belief in the biblical teaching of fallen man
how many governments does the United States have?
a little more than 85,000 governments
The constitution only mentions two types of governments what are they?
national government and the state governments
True or False: We have hundreds of governments in the US?
False: We have thousands
This is the cornerstone of our constitutional republic?
What does the federal principle provides a balance of power that does what?
preserves our rights and liberties
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
Delegated powers may be classified as what?
expressed or implied powers
Who established the document of implied powers in the landmark case of McCulloch vs Maryland?
The most important provision in the constitution for that states is where?
Where in the constitution do we find reserved powers?
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
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
The Founders desired that the powers of the national government must be exercised how?
independently by the states and vice versa
This independent exercise of power for the national government is called what?
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.
What type of system has the locate units possess all political power and delicates select powers to the national government?
What powers does the national government and state government exercise?
Many people believe they could ignore a law if what they believed it to be unconstitutional. What is this belief called?
The conflicts between the states and the federal government culminated to what?
The Civil War
What became a major federal issue?
the regulation of commerce by Congress
What was the first major case dealing with the power of Congress actually occurred when?
before the Civil War
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?
The rise of national government to prominence above that state was made possible by what?
in part by the institution of federal income tax
What year was the 16th amendment adopted?
The 16th amendment provided for what?
the federal government to tax personal incomes
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
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 ?
What are federal grants?
monies that the government gives to the state or local governments for some designated purpose
Congress enacted a land grant under what name?
Morrill Land Grant Act (1862)
The Morril Land Grant Act gives to each member of Congress what?
30,000 acres of land
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
Congress had alway granted money on the basis of what?
whether or not the states wanted it
Congress was issuing more penalties than incentives to force the states to implement federal programs called what?
Which president used the expression "new federalism"?
President Richard Nixon
What did President Nixon use the term "new federalism" to describe?
an effort to return more decision make power to the states
Which president began to move the "new federalism" into a different direction?
President Ronald Reagan
The slow erosion of state authority has come above and continues mostly as a result of?
the relationship between the Supreme Court and Congress
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
True or False: in the past it was not unusual for the Supreme Court to declare a state law
True or false: the Court rarely told the states what they must do
What happened i the Brown vs Board of Education II court case?
Courts began compelling states to separate races in public school
What was the name of the court case that gave Congress almost unlimited reign over the states?
Garcia vs San Antonio Metropolitian Authority (1985)
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
What is it called when a federal law supersedes or overrides a similar state law?
A good example of early preemption is found in the enforcement of what act?
Water Quality Act of 1965
The Water Quality Act was the first law to establish what?
a national policy on pollution control
The most intrusive application of preemption has been what act?
Clean Air Act of 1970
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
What is another way that the Congress checks the authority of the states?
Through the federal grant program
What are block grants?
allows states to have more jurisdiction in how to use the funds
What are Categorical grants?
used for a specific purpose
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
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
What is the Unfunded Mandates Reform Act?
stated that Congress would have to conduct studies to determine the cost of mandates on the states
This is a written plan which sets up a form of government and establishes its basic governing principles what is it?
Two major features of a republican government are rules by what?
law and rule by representation
Name 3 ways that the US Constitution and State Constitutions are different:
2. rarely amended
3 general in scope
2. Often amended
3. Specific in scope
A state constitution serves as a state's what?
What is the oldest constitution in the world?
the Massachusetts constitution
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
What is a minor change in the constitution called?
What is a major change in the constitution called?
What is the most traditional method for revising the constitution or adoping a new one?
the constitutional convention
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
What are the 3 methods of proposing constitutional amendments among the states?
convention proposal, legislative proposal and initiative proposal
Amendments are most frequently proposed by who?
What is the most commonly used for amending state constitutions?
the legislative proposal
Voters may propose constitutional amendments what is it called and why it is called that?
the initiative because the citizens initiate the amendment
What is it called when the voters of a state approve or reject a proposed amendment?
what is one of the most important functions of state government?
_______ has lost much of their powers to federal government
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
What is the name of the official residence of the home for the governor?
the governor's mansion
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
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
In 46 states a candidate needs only to have what to win?
"plurality" more votes than anyone else
What two states does the governor serve only 2 years?
Vermont and New Hampshire
Other than Vermont and New Hampshire how long does a governor serve?
In 43 states the governor is succeeded by who?
In _____ states president of the senate succeeds to the office
In ____ states the secretary of the state takes the place of the governor.
if the legislature removes the governor from office, what is it called?
If the voters remove a governor from office it is called what?
In every state but ______ the governor may be impeached
In 16 states including ______ the governor can be recalled.
A governor also holds the title of what?
ex officio (by the virtue of his office)
This dictates how a law should be carried out?
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
Unlike the President, governors do not posses what?
Most governors do possess the power to veto part of a bill without vetoing the entire bill. What is this called?
True or false: In some states governors hold absolute veto
False: the legislature of every state can override the governor's veto
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
How is a lieutenant governor elected?
by the voters
The constitution in all but two states provides for a secretary of state. What are those states?
Alaska and Hawaii
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.
What is the state treasurer?
guardian of the state funds
Who sees that the funding of each state is properly spent of the state treasurer?
the auditor or comptroller
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
What is a bicameral legislature?
What state has unicameral legislature and what does it mean?
Nebraska and has 'one house'
Which house is smaller the upper or lower house?
the upper house
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
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
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
How do voters choose their political party's nominees?
What is it called to propose constitutional amendments?
In states with bicameral legislature the lower house elects its own presiding officer known as what?
A popularly elected lieutenant governor serves as what?
president of the senate
Who presides in the president's absence?
president pro tempore
Who keeps order at the legislature meetings?
sergeant at arms
Who keeps unauthorized people from entering a legislature chamber?
What is it called when a person is kept busy by running errands for legislatures?
What is a committee system?
when the standing committee of each house usually deal with the particular subjects such as taxes, education or highways
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?
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
What is a standing vote?
stand to be counted
what is a teller vote?
the legislatures line up and file between two "tellers" who record their votes as they pass by
What is a roll count vote?
when a person announces their vote "nay" or "yea" or "present"
What can be used to initiative to propose ordinary statutory law?
Acts of the state legislature may be presented (referred) to voters for their approval by what?
What percentage of all court systems handled in the Us are decided by state courts?
What are the 4 basic levels of state courts?
lower courts, general trial courts, appellate court and a supreme court
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
What are the lowest states often known as?
magistrate courts or police courts
In many larger urban areas magistrate and police courts have been replaced by what?
This exists to help people collect small amounts of money due to them what is it?
small claims court
Above the lower state courts is a second level. What is that level called?
the general trial courts
General trial courts are ________ ____ __________
courts of record
What type of jurisdiction do most general trial courts have?
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
What can be for questions which arise from a ruling of a case?
it may be appealed to a higher court
who presides over the trial courts and how do they get their offices?
Judges and they are elected
In addition to the judge what other officers are in the court?
court clerk, bailiff
What is the third level of courts called?
intermediate appellate courts
What is the general purpose of the appellate courts?
to ease the case load of a state's highest court
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
What is at the top of the state's judicial system?
the state's supreme court
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
What is the court of last resort to any state called?
state supreme court to which a case can be appealed
What are some type of things that a state might hear an appeal?
an interpretation of the US constitution or some other federal question
A group of people selected to ascertain the truth on the basis of evidence?
How old do most states require jurors to be?
at least 21 years of age
A person who testifies under oath about the case he has seen?
What is the largest unit of local government called?
Organized county governments exist in every state except what two states?
Rhode Island and Connecticut
What is called when a county government has its headquarters?
a county seat
County offices are usually houses in what?
county courthouse or county building
A popularly elected governing body is referred to as what?
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
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
Who provides police protection in rural areas?
who appraises the taxable property within the county?
The county assessor
Who receives the taxes and fees and acts are caretaker of county funds and make authorized payments from the country treasurer?
Who supervises the county's financial records and authorizes the spending of county funds
The person who maintains the county records and issues various kinds of license is called what?
the clerk sometimes called the recorder
Who conducts criminal investigations and prosecutes cases tried in local cases?
the prosecuting attorney also called the district attorney or state's attorney
Who investigates the cause of death when people died?
In many counties coroners have been replaced by?
county medical examiner
Who heads up the administration of all or some of the public elementary or secondary schools in the county?
superintendent of schools
Who is the elected chief executor usually known as?
the county president or county supervisor
What is a county manger plan?
the county boards hires a professional county manager who ideally is highly trained in his field
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
What is the most important unit of local government?
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
What it is called when a traditional town wants to get together to meet?
a town meeting
What do the smaller towns have in comparison to the county board?
What did the early American settlers develop as a system of local government?
township (functions largely as subdivisions of counties)
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.
Are small communities corporated or unincorporated?
unincorporated meaning they have no government of their own
What is a city charter?
a legal document granted by the state which outlines a form of government for the city
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
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)
What is the commission form of government?
Under this form, the popularly elected commissioners (usually 5) head the city government
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
What is a planning commission?
a planning agency
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.
What is a suburb?
developed areas outside the city limits
What is annexing?
When a city extends its city limits
What is extraterritorial powers?
certain regulatory powers outside the city limits
Describe a metropolitan area?
a major city and the populated area surrounding it which may include smaller towns
What are special districts?
limited to providing one ore sometimes several governmental services. the most common special districts are school districts.
What is the single most important source of revenue among states today?
What is a sales tax?
a tax that is levied on the retail sale of commodity purchased by the consumer
what is a general sales tax?
it applies to the sale of most products
What is selective sales taxes?
a tax that singles out specific items to be taxed
what is regressive tax?
places the greatest burden on those with the lower incomes.
Besides sales tax what is another important source of revenue for many states?
individual income tax and corporate income tax
What type of persons pay a higher percentage of sales tax?
progressive (it targets the rich)
What is uniform?
Corporate income tax (when corporations pay a certain fixed percentage of profits)
What is an inheritance tax?
tax put on an estate that a person inherits at the time of death
What is gift tax?
when one gives a large gift of money or property to another person.
What is the chief course of income for local governments?
What does real property include?
land, buildings, improvements on land
What is personal property?
includes personal possessions may be divided into tangible personal property
What are some examples of tangible personal property?
bank accounts, stocks, bonds
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
What is a mill?
Often expressed as property tax rates. a mill is a thousandth of a dollar a tenth of a cent
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.
What is a severance tax?
the removal of natural resources
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.
The highest percentage of money spent by each state is for what?
what is the second highest percentage of money spent by each state used for?
construction and maintenance of highways