Gov test #5 Flashcards

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1
Q

What is the min age, citizenship req, and residency req for the House position?

A

Min age: 25 years old
Citizenship Req: 7 years
Residency Req: Live in the state

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2
Q

What is the min age, citizenship req, and residency req for the senate position

A

Min age: 30 years old
Citizenship Req: 9 years old
Residency Req: Live in the state

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3
Q

What is the min age, citizenship req, and residency req for the president position

A

Min age: 35 years old
Citizenship Req: natural born citizen
Residency Req: 14 years

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4
Q

What is the min age, citizenship req, and residency req for the national judge position

A

Min age: not in the const.
Citizenship Req: not stated in const.
Residency Req: not in the const.

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5
Q

What was the purpose of the Federalist Papers?

A

To explain/defend the Constitution without a Bill of Rights

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6
Q

In a sentence or two, what’s the main point of the following two Constitutional clauses:

  • A. The Supremacy Clause:
  • B. The Privileges and Immunities Clause:
A
  • Establishes the Constitution as the supreme law of the land. Federal law supersedes state laws when a conflict exists.

-“The citizens of each state shall be entitled to all privileges and immunities of citizens in several states.”

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7
Q

What if no candidate for president earns a majority of electoral votes?

-The election goes to the _______
-Each state gets ___ vote(s) (Today = ____ to elect)

This happened in 1800 and 1824.

A
  • House of Representatives
  • one, 26
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8
Q

November

A

General Election (Tuesday after the first Monday…every 4 years. Next election = 2024)

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9
Q

December

A

At the State Level—> Electors meet and vote in their respective state capitols the Monday after the second Wednesday in December

The electors’ ballots are then sent to the Senate in Washington

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10
Q

January 6

A

At the National Level→ On January 6, the president of the Senate opens the electoral votes and counts them before a joint session of Congress.

The candidate who receives a majority of the electoral votes is declared elected for Pres/Vice Pres.

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11
Q

January 20

A

Inauguration—> The Oath of Office is administered to the president and the term begins.

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12
Q

__________________ use a district plan to allocate their electoral votes. (What does this mean?)

A

Main and Nebraska

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13
Q

The electors are chosen by_________ vote (winner takes all) in every state (hasn’t always been this way).

A

popular

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14
Q

Big Idea—> The Electors ______ behave as the Founders intended.

A

do not

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15
Q

They are __________ to vote automatically for their party’s candidates for Pres./Vice Pres. (And, in almost all cases, that’s what they do.)

A

elected

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16
Q

Chosen by each_______. Once chosen they are really just “____________“(What does this mean?)

A

-POLITICAL PARTY
- “RUBBER STAMPS”
- THEY DO WHATEVER THE PARTY TELLS THEM TO DO

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17
Q

___________ have controlled the way electors behave.

A

POLITICAL PARTIES

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18
Q

The Electoral College has never really done what the Founders _________ it to do.

A

wanted

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19
Q

*__________ is also a major factor. Each state “speaks with ___________”

A
  • Federalism
  • ONE VOICE
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20
Q

Electors would be more ______________

A

INDEPENDENT AND EDUCATED

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21
Q

Why did the Founders opt for the Electoral College to select the president rather than the Popular Vote or Congress?

A

The reason is that the founding fathers were afraid of a direct election to elect the President. They feared someone could manipulate a public opinion and take the power.

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22
Q

Each state has as many electors as it has members in the ______________________________

A

HOUSE AND SENATE.

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23
Q

Which Article of the US Constitution spells out the procedure for electing the president?

A

The electoral college is created by our constitution and the body of const. Article 2 is the only amendment that talks about the electoral college

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24
Q

When you vote for president, you are technically voting for _______ You are not voting directly for the presidential candidate, even though that’s what it seems like.

A

ELECTORS

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25
Q

In the 2016 presidential election, who won the:
Popular Vote?

A

Hillary Clinton

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26
Q

In the 2016 presidential election, who won the:
Electoral Vote?

A

Donald Trump

27
Q

In US presidential elections, which is possible?
-Electoral College Vote with a majority of electors

A

Lose: popular
Win the presidency? : yes

28
Q

In US presidential elections, which is possible?
-Popular Vote

A

Lose: electoral college vote
Win the presidency?: no

29
Q

In US presidential elections, which is possible?
-Electoral College Vote with a majority of electors AND the Popular Vote

A

Lose: n/a
Win the presidency?: yes

30
Q

What is the electoral vote?

A

the states-by-state number that adds up to the highest electoral votes is 270 by 538 electors ( 435 representatives, 100 senators from fifty states and three electors from Washington D.C)

31
Q

What is the popular vote?

A

Total votes of all the states from citizens

32
Q

From time to time in our country’s history, the # of justices on the US Supreme Court has changed. For example, the first US Supreme Court had 6 justices. When this # has changed, what’s been the mechanism for that change?

A

By law, via congress

33
Q

How many seats does the US Supreme Court currently have?

A

9 seats

34
Q

According to the US Constitution, what’s the tenure (length of term) for federal judges? Also, what’s the logic behind this decision? (not that everyone agrees with it)

A

Federal judges get a lifetime appointment; mostly for independence

35
Q

When a federal judge dies, resigns, or is impeached and convicted, what’s the process for replacing the judge? (2 Steps)

A

Step #1= President nominates a replacement
Step #2= The Senate, via majority vote; votes to reject or accept the nomination

36
Q

538

A

Total votes (House + Senate = 538)

37
Q

270

A

Electoral votes to win

38
Q

3

A

The least electoral votes any state can have

39
Q

19

A

PA’s current electoral votes

40
Q

Checks and Balances and SCOTUS→ What options are available once the SCOTUS issues a ruling?
-_________ the Constitution
-File ____________ (What’s the problem with this path?)
-Change the ____________ of the Court. (What, basically, does this mean?)

A

-Amend the Constitution
-File additional lawsuit (What’s the problem with this path?)
Filing a lawsuit as an active participant would blur the separation of powers among the three branches of government. The Supreme Court is traditionally responsible for interpreting and applying the law rather than acting as a plaintiff or defendant in lawsuits. Such an action could undermine the principle of checks and balances and erode the independence of the judiciary.

-Change the structure of the Court. (What, basically, does this mean?)

41
Q

True of False→ A SCOTUS decision cannot be appealed.

A

TRUE

42
Q

Why is the US Supreme Court sometimes referred to as the “high court” or the “highest court in the land”? Practically speaking, what’s the significance of this fact?

A

The terms “high court” and “highest court in the land” are often used to refer to the Supreme Court of the United States due to its unique position within the federal judiciary system.

43
Q

In total, which system has a greater quantity of courts: the state systems collectively or the national system?

A

State system: Thousands of courts in total; National system: 100 courts, including the Supreme Court

44
Q

In what way does the #51 connect to our court system?

A

50 state systems and one national system

45
Q

I added some additional information about the 5th Amendment. Specifically, I talked about the due process clause: What does the concept of due process mean, as it relates to the US Constitution?

A

Treating all the citizens equally, even when convicted in a trial. Ex: Prisoners still have their individual rights despite being sentenced.

46
Q

When cases enter the national court system they enter in one of two ways. What are the two ways?

A
  1. starts at state level
  2. Starts at national level
47
Q

The Const. gave _____________ the power to create the lower (or “inferior”) national courts.

A

Congress

48
Q

The only court created directly by the US Const. is the ___________

A

Supreme Court

49
Q

Where are most cases heard: national or state level?

A

States

50
Q

The US has a ____________________ system

A

dual court ( 2 different courts; national and state)

51
Q

Each system has a ______________, , often referred to as the courts of ______________.

A
  • Supreme Court, and last resort
52
Q

Each system has a _____________ structure. (What does this mean?)

A

heriachy

53
Q

Cases can move from a state’s SC to the US SC or to a __________________ via ____________ petition. (Explain the nature of this type of petition. What is the court being asked to consider?)

A
  • District Court
  • Habeas corpus
  • A habeas corpus petition is a legal document or writ filed by a person who is being detained or imprisoned, challenging the legality of their detention. The purpose of a habeas corpus petition is to seek relief from unlawful or unconstitutional imprisonment.
54
Q

amendment 1

A
  • religion, freedom of speech and assemble
55
Q

amendment 2

A

right of the people to keep and bear arms

56
Q

amendment 3

A

No soldier shall, in time of peace be quartered in any house

57
Q

amendment 4

A

unreasonable searches and seizures

58
Q

amendment 5

A

be twice put in jeopardy of life or limb; witness against himself,

59
Q

amendment 6

A

right to a speedy and public trial, by an impartial jury, assistance of counsel

60
Q

amendment 7

A

twenty dollars, the right of trial by jury shall be preserved

61
Q

amendment 8

A

cruel and unusual punishments

62
Q

amendment 9

A

retained by the people, rights

63
Q

amendment 10

A

reserved to the States

64
Q

Madison federalists #10

A

Madison believes that democracy will not work due to the disruptive government and factions are formed, those who adverse individual’s right in the US or something to harm community as a whole. They all have the same idea that could harm the community. Madison comes up a way to managed factions, since factions are unavoidable in democracy since u can’t have a democracy without factions. Madison believes that there’s going to be factions since there is liberty and differences in poverty. He believes that majority being ruled by itself can be unworn and unjust. Instead of eliminating factions, Madison proposes a system of representative government as the solution. He argues that in a large republic with diverse interests, factions will be less likely to gain a majority and impose their will on others. The large size and diverse population of the United States, Madison believes, will make it difficult for any single faction to dominate.Madison also emphasizes the importance of a separation of powers and checks and balances in the government. He contends that a well-structured government with multiple branches and a system of checks and balances will help prevent the tyranny of the majority and protect minority rights.