Exam 3 Notebook Questions Flashcards
What is electoral college
Body of representatives who met at their state capitals following the popular election. Cast ballots for prez & vice prez
Why do we have electoral votes?
Reason #1
The framers of the constitution feared population election would make the office would be centered & powerful which would unlined the power of federalism
Reason #2
Direct election would give a more advantage to the more popular states
Reason #3
The founding fathers felt that American democracy had not mature enough for direct election
Reason #4
The constitution provided that power exercise and representation restitution would redirect though
- wanted redirect democracy
Reason #5
The founding fathers did not want the presidency to yield to a passion arrany
How many senateros are there
100
What is the total of electoral college?
538
What the reason why each candidate selects their own group of electoral college votes?
The reason they elect their own groups because the Electoral college voters ARE NOT OBLIGATED to vote for the will of the people they can change their mindset
When we vote who are we sending to vote?
When voting your pick of ECV so send ( from the candidates) to vote for president
How does the popular vote connect to ECV? What does it have to do with states?
The popular vote connected to ECV. Have to win states. Allows states to have a say in the election
House of Representatives
435 members
2 yr term
The SPEAKER the highest power ( get piece of legislation passed)
218 votes to pass legislation
What can the speaker do?
The highest power which is the Speaker gets power to pass a piece of legislation
The way a law written determines what?
Have to write a law. The way the law read determines if the law going to pass or not.
What are the speaker powers
The speaker is responsible of passing regulation in the house legislation
Legislation that will him re elected. And his party majority power.
What are the types of speaker duties?
- Influence where a bill sent ( to a particular committee)
2. Can recognize members from on the floor
controls who gets to speak/ talk
The speaker from which party?
The majority
United States Senate
100 members
6 yr term
MAJORITY leader the highest power
51/60 votes needed to pass a piece of legislation
How many votes to stop a filibuster?
Filibusters occur only in the senate
60 votes need to stop a filibuster. Which only allows the person to speak for only a certain amount of time
Why is it difficult to make & pass legislation ?
Party polarization (now) Means two party's do not have much in common their in opposite ends
Intern party cohension
Members within the same party have the same agendas & solutions
+
Interparty distance
Majority & Minority favor different agendas & solutions ( Dem & Rep don’t share common ground basically)
- National Legislation
W/ local comsmenct
Minorties don’t get what they want cuz the speaker is…
In control
Who’s the 2nd most powerful person in the U.S after the prez ?
The speaker cuz he controls legislation
What is a filibuster?
When each senator has the ability to deliberate for an unlimited amount of time & may add unlimited amendments to the bill.
Why are filibuster conducted?
- To protect miniorties those in fewer #
- To bring attention to an issue
- To postpone the vote to get more support
How can filibusters be prevented?
Filibuster can be prevented by what’s called a cloture vote
60 votes are needed and that will stop @ filibuster
Filibusters can only happen in the ..
Senate
When is the president most likely to get his polices passed?
1st year in office
What is the honeymoon term?
When the 1st year of the president people tend to forgive him and there excited for this new prez. His polices pass his 1st year cuz people are excited for this new prez
Like new relationship
What happens when the prez is prez for 2 terms?
The longer your prez the weaker you become
When is the prez party more likely to lose seats ? For his political party.
During midterm elections in congress
How does the prez first term go like?
1 st TERM
1yr honeymoon
2nd Midterm - representing senate members in his party
3rd spend time putting policy in opposing office
Ex: Trump policies pass through democratic policies
4 th Re- Election
Why are people more forgiving on the prez 1st term?
People tend to be more excited and forgiving
( people = voters)
Their excited about change it’s a new person
Ex: like a new relationship
What does the pez have to do in his 2nd year?
The prez campaigning to not lose members in the house or senate.
Midterm represents 1/3 of the senate
In order for the prez to get policy pass he has to do what?
He has to spend time putting in policy in opposing office
Ex: Trump polices pass democratic polices
People in congress tend to..
Be carrerist ( career )
What’s the difference between Hierarchical & Decentralized ?
EXECUTIVE
Hierarchical
Work @ the pleasure of the president
LEGISLATION
Decentralized
Broken up into pieces
Example: Representatives Senate
/ \ / \
Dem Rep Dem Rep
/ \ / \ / \ / \
What does the president have more access to than (congress members)
Informations and experts
The courts ( fill in the blanks)
Federal. State (CA)
US supreme _____________
US Courts of Appeals ___________
_______________. __________
Federal
US supreme
US Courts of Appeals
District Courts
State (CA)
CA Supreme Court
CA Courts of Appeals
Superior Court
What is the Court responsible for?
Court responsible to resolve dispute between 2 parties
What is the Court function?
To establish the facts of the case to apply the relevant law to those facts
What trails are in state Court?
Rape
Murder
Burglary
What trails are in state Courts?
Kid napping Child pronogphy - could land on both Counter fitting ( fakes/ imitating ) Drug trafficking Drug manufacturing Federal tax invasion Money laundry ( illegal obtained money ) Health care fraud Welfare fraud Murder of federal employees
What are the starting Courts?
Federal
District court
State
Superior court
What an appellate
Appellate court reviews lower courts ruling to determine if the trail was flawed
Appellate a panal of 3 judges. Judges review transcripts of lower court & review the legal briefs of the state & of the defense. A jury not there no witness no evidence
What are 3 decisions that an appellate court decides?
- To grant you a new trail. Can say yes to an attorney felled asleep new trail.
- They can withdraw the charges and that’s either with or w/o prejudice
Means you should not been trailed in the first place up to the DA to file charges against the government w/o prejudice can’t use certain evidence. District attorney decides to file again. ( prejudice done something bad ) - Can agree with lower court ruling
What the exception of an appellate trail?
When given the death penalty can have an automatic appeal goes to the California Supreme Court
What are the guidelines for selecting a case ?
The court must be real must have standing to sue a legal reason
The individual must show injury
Case must be ripe ( like a piece of fruit )
WHAT IFS DOMT GO TO COURT
What is civil liberties?
Individual protection from the government
It’s an amendment not part of the constitution
Who is protected from civil liberties
The originally only apply to federal level
14 th amendment
States may not deny a person the the right of life liberty, and property w/o due process of law
What is selective incorporation
When civil liberty applied to a state
need have a court do that
Not all amendments apply to state
Info
4 th amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable shall NOT BE VIOLATED
( body right of privacy )
Have to get a warrant
Exclusionary Rule
Any evidence that is obtained illegally can not be used in a court of law
Illegal obtained evidence may be used in court of law under the following conditions…
- Grand jury hearing ( depends on country)
- To reboot a witness
( to call a witness who lied ) - If can prove that the evidence would been found anyways through normal legal procedures (warrant)
When does the government not need a warrant? Pt 1 list reason 1-4
- Private home, however there probable cause & EXIGENT
* any time the government goes in your home they need a warrant except w/ probable & exigent ( someone gonna hurt or about to call) have right to go in - Individuals give consent to search
- Items in plain view
( do not need a warrant in plain view) - Abandon property
Suspect denies ownership
When doe the government not need a warrant? Pt 2 list 5-9
- Incident to arrest
Search warrant & arrest warrany
( gonna take u into custody) - Protective Sweep
A quick visual inspection of the premise ( area) a quick look
7. Vehicle stops Car is different than a home For cars no warrant #1 have ability to fleed jurisdiction #2 not probable
Can search car if committed a crime or are going to
Can search passengers also
- Terry stops
A cop can stop you and pat you down for weapons. That is a search w/o weapons
Done in a neighborhood where there gangs and weapons can be done in any - Dog sniffs
Do not need a warrant to smell locker of luggage
How is a general law applied to general circumstances?
Federal or state law make general law to apply to multiple cases. Court takes that law & apply it to the specifics of the case. Then come to a determination
When is a warrant gotten?
When the government believes your involved in illegal act or about to commit a illegal act ABOUT TO or GOING TO
The warrant must say: taken to court (swears or oath)
Then judge can declare warrant
The warrant specific place to search, things to be seizure
What is exigent circumstances w/ probable cause ?
Pressing or demanding situation supported by reliable outside sources or observation
Probable cause
( to get a warrant )
What seizure?
Police engage in a mean full interference with a person’s private property
( Depriving he/ she of their liberty)
What search
When police (government) intrude a persons reasonable exceptions of privacy
