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Poli S 102 > Exam > Flashcards

Exam Flashcards

1
Q

The Pendleton Act

A

Required bureaucrats be hired based on merit rather than patronage (political connections)
- Civil servants have to demonstrate skills on a competitive exam to show they are qualified for a government job
- Passed in 1883

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2
Q

Bureaucracies role in the policymaking process

A

They are the final step in the process aka implementation
- Implement & enforce laws created by congress
- They create specific rules & regulations, carry out government programs & ensure that policies are followed
- Often fill in details of laws

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3
Q

Iron Triangle

A

A relationship between 3 groups : Bureaucracy, Congress & Interest groups
- They work together to create & influence policies, benefiting each other
- Interest groups provide support & expertise to shape the laws in their favor

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4
Q

The Bureaucracy

A

Government organizations that are responsible for implementing government policies
- Executive & legislative rely on them to implement the laws
- They are independent & serve fixed terms or until they quit or get fired/retire
- EX. : homeland security, FDA, social security administration, police

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5
Q

Rule of Four

A

4 of the 9 justices must agree to hear a case

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6
Q

Judicial Restraint Vs. Judicial Activism

A

Restraint : Conservative position, original intent of the constitution, faithful servants of the constitution

Activism : Liberal position, living document, apply to contemporary social issues, supporting individual rights & social needs, apply justice broadly

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7
Q

3 Tiered Federal Court System

A
  1. Supreme Court (highest level)
    - SCOTUS -> original & appellate, Final court of appeals , only hears important cases that affect the whole country, review decisions from lower courts
  2. Courts of Appeal (middle level)
    - questions an error of law & procedure, reviews the case (from lower courts) to see if legal mistakes were made, appellate, if someone loses in district court, they can appeal the decision here
  3. District Court (lowest level)
    - original jurisdiction, the first to hear the cases, where trial/cases start, handle criminal trials, lawsuits, disputes involving federal laws
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8
Q

Precedent

A

A court ruling bearing on subsequent legal decisions in similar cases
- A legal decision made by a court that serves as a rule or example for future cases

Example : Judges look at past precedents to help decide similar cases, ensuring consistency in the law

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9
Q

Constitution & the number of justices

A

The number of Supreme Court justices is not set by the constitution
- Judiciary act of 1689 set the number at 9 which is our current number
- 1st judiciary act of 1789 had 6 justices
- Usually 5-10

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10
Q

Supremacy Clause

A

If there is a conflict between federal law (laws made by congress or national law) & state law (laws made by individual states) federal law overrides state law
- “ nations highest law”
- “when an act of the legislature conflicts with the constitution, the nations highest law - the act is invalid”

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11
Q

Marbury V. Madison

A

Cornerstone of constitutional law
- Happened in 1803
- 1st Supreme Court case to apply “judicial review” and it allowed the Supreme Court to rule laws unconstitutional
- Supreme Court can check powers of the other branches of government

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12
Q

Judicial Review

A

Power to declare congressional & presidential acts invalid because they violate the constitution

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13
Q

The Federal Judiciary

A

The branch of the U.S government responsible for interpreting, applying federal laws & constitution
- Includes the supreme, appeals, and district courts
- also decides the constitutionality of federal laws

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14
Q

Veto

A

The power of the U.S President to reject a bill passed by congress, preventing it from becoming law
- president sends bill back to congress with reasons of rejection
- congress can override the veto with a two thirds vote in both the house & senate

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15
Q

Beginning of modern presidency

A
  • a new deal or shift in how presidents use their power
  • Franklin d. Roosevelt started this in 1930 -> he expanded the role of president by using more executive power
  • president is expected to player a greater role in domestic affairs
  • a strong determinant of a president being re elected or have a high/low approval rating is the state of the economy
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16
Q

Impeachment (what it is & process)

A

The house can impeach the president for treason, bribery, high crimes, or misdemeanors-> the latter two are vaguely defined

  1. Simple majority (218) in the house to pass articles of impeachment
  2. 2/3 majority in the senate required to remove the president
  3. The senate holds an impeachment trial
  4. If found guilty, the president is removed from office
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17
Q

25th amendment

A

The vice president becomes president if the president dies, resigns, or is removed from office by impeachment
- line of presidential succession

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18
Q

Executive order

A

Presidential directives that carry the force of law
- does not require legislative approval
- until a successor retracts it
- congress can nullify it or a federal court can rule it unconstitutional
- helps ensure laws are being “faithfully executed”

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19
Q

War powers resolution of 1973

A

Congress must be notified within 48 hours of committing troops
- cannot remain more than 60 days without authorization or declaration of war
- a law that limits the presidents power to commit the U.S military to armed conflict without congressional consent

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20
Q

The electoral college

A

A candidate can win the popular vote but still lose
- a set of electors who are selected to elect a candidate to particular offices

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21
Q

The presidency

A
  1. Natural born citizen
  2. Must be. 35 years of age
  3. 14 years resident
  4. Election can happen every 4 years
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22
Q

Redistricting in CA

A

The redrawing of district boundaries/lines within each state
- during this step, there is potential for gerrymandering

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23
Q

Gerrymandering

A

The practice of redrawing district lines to advantage one party over another
- name comes from Elbridge gerry (government in Massachusetts) drew a district some said looked like a salamander

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24
Q

Redistricting

A

The way we change the districts that determine who represents us
- process of drawing electoral district boundaries

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25
Q

Reapportionment

A

The reallocation of house seats to each state after each census -> to accommodate shifts in population
- for a state to gain seats, those seats need to be carved out from another state
- the distribution of seats in the US House of Representatives

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26
Q

Necessary & proper clause

A

Gives Congress the power to make any laws that are needed to carry out its powers listed in the constitution (implied powers) -> are not directly listed in the constitution that Congress can do (like taking or declaring war)

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27
Q

Enumerated powers

A
  • draft legislation
  • tax & spend
  • borrow
  • regulate commerce (between states & other countries)
  • providing for a military
  • monetary system
  • federal courts
  • post office
  • declare war
  • make rules for the conduct of government (for the bureaucracy to follow)
28
Q

The senate requirements & special powers

A

6 year term, 30 years old, u.s citizenship of 9 years, resident of the state you are representing at the time of election
- millionaires club -> really rich & lawyers

Special powers :
1. Approve treaties
2. Impeachment trial
3. Approves presidential appointments

29
Q

The House of Representatives : special powers & requirements

A

Representation based on population
- capped at 435 members in 1929
- 2 year terms
-25 years old
- u.s citizenship of 7 years
- resident of state when elected

Special powers. :
1. Originating bills for the raising of revenue (tax)
2. Impeachment charges

30
Q

Filibuster (what is is, why people support it should/shouldn’t be eliminated

A

It allows the minority party to extend debate on legislation indefinitely, preventing Congress from doing anything else
- to break it, cloture must be involved (60 votes needed)
- should stay because it is a good check on the majority party & ensures all legislation has some levels of bipartisan support
- should leave because it gives the minority party too much power & blocks the will of the people (as represented by the majority party)

31
Q

Incumbency effect

A

The advantage that current officeholders have
- incumbent will be re-elected compared to someone running for office for the first time

Advantages :
- experience
- name recognition -> voters familiar with incumbent
- resources of their staff -> better funding
- voting record/credit claiming -> can point to their achievements in office
- money
- media coverage
- resources of staff
- franking privilege
- PAC/interest group contributions
- Gerrymandering

32
Q

Congress

A

The legislative branch of the United States government & is responsible for writing & debating laws that govern the country

33
Q

Civil rights

A

What the government must do to ensure equal protection & freedoms from discrimination
- crated anti discrimination laws

34
Q

Dred scott vs. Stanford : court ruling

A

In a 7-2 decision, the Supreme Court ruled the federal government could not prevent slavery in the territory
- moving to a free state did not result in emancipation
- congress can’t prevent slavery
- argued that federal law interfered with right of individual property was unconstitutional
- civil war began 4 years after this decision

35
Q

19th amendment

A

Granted women the right to vote

36
Q

Civil war

A

Southern states threatened secession in response to republican pledges to limit slavery
- secession was motivated by the issue of slavery, the war began over the issue of secession from the union

37
Q

Reconstruction amendments

A

13th amendment : outlaws slavery (1865)
14th amendment -> made all people born or naturalized in the us - regardless of race - citizens of the country & state in which they live (1868)
15th amendment -> protected make citizens right to vote regardless of race (1870)

38
Q

Voter suppression tactics

A

Even though black people had the right to vote, there were ways of limiting & preventing participation in former confederate states
1. Poll taxes
2. Literacy tests
3. Grandfather clause : exempted those who could vote in 1886/87 or their descendants from educational property or tax requirement for voting
- white primaries

39
Q

Please vs. Ferguson, brown vs. board of education

A

Homer plessy challenged the “whites only” railroad cars in Louisiana
- Supreme Court rules that “separate but equal” is constitutional -> does not advantage one race over another
- racial instincts may produce violence if people mixed

40
Q

United daughters of the confederacy

A

Pushed a narrative that the civil war was not about slavery, but states rights
- wanted to further reform the image of the confederacy
- engaged in a campaign to create monuments to the confederacy & men like Lee not only in the south, but nationally

41
Q

The constitution

A

A social contract theory
- an agreement between the people & the government
- we are born free & equal with natural rights
- some liberties (natural rights) are given up
- remainder are protected
- consent of the governed

42
Q

Articles of confederation

A

First constitution that was passed in 1777, ratified in 1781
- congress had limited power
- no power to tax, no uniform currency,unenforceable trade agreements, no independent executive or judiciary, sought to prevent tyranny, abuse of power

43
Q

Failures of the articles

A

Congress was too weak
- no power to tax ( no defense)
- no enforceable trade agreements
- no executive/jusiciary
- individual unable to pay taxes/debts faced jail time & seizure of property

44
Q

Shay’s rebellion

A

Largest rebellion against the state government led by Daniel Shay’s in Massachusetts
- the rebellion exposed the weaknesses inherent in the articles
- government could not provide assistance because they couldn’t pay troops that it was given power to raise
- states had sole control over of tax policy, which the national government has no way to pay for even its limited taxes

45
Q

Federalists vs. anti federalists

A

Federalists : supported the new constitution, advocated for a stronger national government

Anti federalists : opposed ratification, supported stronger local & state governments, the constitution does not do enough to protect the rights of states & individuals

46
Q

Virginia plan

A

Bicameral legislature
- representation based on population
- advanced by James Madison
- stronger federal government

47
Q

New Jersey plan

A

Unicameral legislature
- legislative representation should be based on equal representation
- 1 state = 1 vote

48
Q

Great compromise

A
  • bicameral legislature
    1. House of Representatives : representation is based on population
    2. Senate : based on equal representation, no matter their population, will have 2 senators
49
Q

Bill of rights

A

Demanded by anti federalists like George mason
- the first 10 amendments to the constitution are designed to protect the individual from the national government

50
Q

Amendment 1

A

Freedoms, petitions, assembly

51
Q

Amendment 2

A

Right to bear arms

52
Q

Amendment 3

A

Quartering of soldiers

53
Q

Amendment 4

A

Search and arrest

54
Q

Amendment 5

A

Rights in criminal cases

55
Q

Amendment 6

A

Right to a fair trial

56
Q

Amendment 7

A

Rights in civil cases

57
Q

Amendment 8

A

Bails, fines, punishment

58
Q

Amendment 9

A

Rights retained by the people

59
Q

Amendment 10

A

States rights

60
Q

Civil liberties

A

Restraining governments actions against individuals
- “Congress shall make no law”
- 14th amendment : “no state shall deny any person within its jurisdiction the equal protection before the laws”

61
Q

Selective incorporation

A

“No state shall”
- Supreme Court decided on a case by case basis
- interpret the amendment
- Apply it to the states
- a case has to be presented before the court before an amendment from the bill of rights is incorporated to the states

62
Q

Establishment clause vs. free exercise clause

A

Establishment. : forbids government from establishing or sponsoring a religion

Free exercise : prevents government from interfering with religious practices

63
Q

4th amendment

A

Search and seizure
- exclusionary rule : prohibits illegally seized evidence from being used
- exceptions : good faith, inevitable discovery, independent source

64
Q

5th amendment

A

Immunity & self incrimination
- double jeopardy -> can’t be prosecuted twice for same crime
- due process -> must be fair
- eminent domain

65
Q

6th amendment

A

Fair and speedy trial
- representation
- Gideon vs. wainwright -> established the right to counsel in state courts

66
Q

8th amendment

A

Excessive bail
- cruel and unusual punishment
- death penalty
- furman vs. Georgia (1972)

Poli S 102 (3 decks)

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