Exam Flashcards
The Pendleton Act
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
Bureaucracies role in the policymaking process
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
Iron Triangle
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
The Bureaucracy
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
Rule of Four
4 of the 9 justices must agree to hear a case
Judicial Restraint Vs. Judicial Activism
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
3 Tiered Federal Court System
- 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 - 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 - District Court (lowest level)
- original jurisdiction, the first to hear the cases, where trial/cases start, handle criminal trials, lawsuits, disputes involving federal laws
Precedent
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
Constitution & the number of justices
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
Supremacy Clause
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”
Marbury V. Madison
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
Judicial Review
Power to declare congressional & presidential acts invalid because they violate the constitution
The Federal Judiciary
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
Veto
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
Beginning of modern presidency
- 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
Impeachment (what it is & process)
The house can impeach the president for treason, bribery, high crimes, or misdemeanors-> the latter two are vaguely defined
- Simple majority (218) in the house to pass articles of impeachment
- 2/3 majority in the senate required to remove the president
- The senate holds an impeachment trial
- If found guilty, the president is removed from office
25th amendment
The vice president becomes president if the president dies, resigns, or is removed from office by impeachment
- line of presidential succession
Executive order
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”
War powers resolution of 1973
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
The electoral college
A candidate can win the popular vote but still lose
- a set of electors who are selected to elect a candidate to particular offices
The presidency
- Natural born citizen
- Must be. 35 years of age
- 14 years resident
- Election can happen every 4 years
Redistricting in CA
The redrawing of district boundaries/lines within each state
- during this step, there is potential for gerrymandering
Gerrymandering
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
Redistricting
The way we change the districts that determine who represents us
- process of drawing electoral district boundaries
Reapportionment
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
Necessary & proper clause
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)
Enumerated powers
- 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)
The senate requirements & special powers
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
The House of Representatives : special powers & requirements
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
Filibuster (what is is, why people support it should/shouldn’t be eliminated
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)
Incumbency effect
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
Congress
The legislative branch of the United States government & is responsible for writing & debating laws that govern the country
Civil rights
What the government must do to ensure equal protection & freedoms from discrimination
- crated anti discrimination laws
Dred scott vs. Stanford : court ruling
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
19th amendment
Granted women the right to vote
Civil war
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
Reconstruction amendments
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)
Voter suppression tactics
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
Please vs. Ferguson, brown vs. board of education
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
United daughters of the confederacy
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
The constitution
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
Articles of confederation
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
Failures of the articles
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
Shay’s rebellion
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
Federalists vs. anti federalists
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
Virginia plan
Bicameral legislature
- representation based on population
- advanced by James Madison
- stronger federal government
New Jersey plan
Unicameral legislature
- legislative representation should be based on equal representation
- 1 state = 1 vote
Great compromise
- 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
Bill of rights
Demanded by anti federalists like George mason
- the first 10 amendments to the constitution are designed to protect the individual from the national government
Amendment 1
Freedoms, petitions, assembly
Amendment 2
Right to bear arms
Amendment 3
Quartering of soldiers
Amendment 4
Search and arrest
Amendment 5
Rights in criminal cases
Amendment 6
Right to a fair trial
Amendment 7
Rights in civil cases
Amendment 8
Bails, fines, punishment
Amendment 9
Rights retained by the people
Amendment 10
States rights
Civil liberties
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”
Selective incorporation
“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
Establishment clause vs. free exercise clause
Establishment. : forbids government from establishing or sponsoring a religion
Free exercise : prevents government from interfering with religious practices
4th amendment
Search and seizure
- exclusionary rule : prohibits illegally seized evidence from being used
- exceptions : good faith, inevitable discovery, independent source
5th amendment
Immunity & self incrimination
- double jeopardy -> can’t be prosecuted twice for same crime
- due process -> must be fair
- eminent domain
6th amendment
Fair and speedy trial
- representation
- Gideon vs. wainwright -> established the right to counsel in state courts
8th amendment
Excessive bail
- cruel and unusual punishment
- death penalty
- furman vs. Georgia (1972)
