Midterm 1!

Question 1

Pluralist:

Answer 1

A theory of gov emphasizing that politics are mainly a competition among groups

Question 2

Hyperpluralist:

Answer 2

A theory of gov arguing that groups are so strong/there’s so many of them that the government is
weakened

Question 3

Participatory democracy:

Answer 3

citizens have the power to directly decide/give input on policy and the gov should
follow/implement them

Question 4

What influence did John Locke have on our founding fathers?

Answer 4

Consent of the governed and natural rights- “life, liberty, pursuit of happiness” (Locke originally had “property”)

Question 5

Define social contract.

Answer 5

• Social contract: people give up some of their rights to the government in return for protection

Question 6

What were some of the major failures of the Articles of Confederation? Give 4 examples

Answer 6

Congress had no power to tax or regulate trade, no federal judiciary, unicameral legislature, 13 states approval
for amendments, lack of executive

Question 7

What two groups argued over the ratification of the Constitution and why?

Answer 7

Anti-Federalists vs Federalists, Federalists
were concerned about a lack of Bill of Rights & that a large republic wouldn’t represent the needs/wants of the citizens

Question 8

What were the main arguments of Fed #10?

Answer 8

-Fed 10: In favor of ratification of US Constitution. Factions are a huge threat; a large republic can protect us
from factions

Question 9

What was the main argument of Brutus 1?

Answer 9

• Brutus 1: Against ratification of the US Constitution. Argued there are too many different interests, Government will be
  too far away & too powerful

Question 10

Checks and balances:

Answer 10

Allowing for one branch to check another and keep one from becoming too
powerful (i.e. Senate has to confirm Presidential appointments)

Question 11

Federalism:

Answer 11

Division on power between federal & state govs (i.e. dual federalism)

Question 12

Majority rule, minority rights:

Answer 12

Gov according to the expressed preferences of the majority; however rights are
guaranteed to everyone even if they are not in the majority

Question 13

Define the Necessary and Proper clause:

Answer 13

Constitutional clause that gives congress the power to make all laws
“necessary and proper” for executing its powers

Question 14

Concurrent powers:

Answer 14

powers shared by the federal and state gov, i.e. power to tax

Question 15

Enumerated powers:

Answer 15

powers specifically listed in the Constitution for Congress (i.e. coin money, declare
war)

Question 16

Implied powers:

Answer 16

derived from the Necessary and proper (Elastic) clause; powers which are derived
from enumerated powers

Question 17

Define the 10th amendment

Answer 17

10th amendment: Powers not specifically given to the federal government to be given to the
states

Question 18

how it (the 10th amendment) impacts federalism

Answer 18

The 10th amendment gives states a lot of power and balances out powers between the states
& federal gov

Question 19

Define the 14th amendment and explain the following clauses:

Answer 19

granted citizenship to all persons—including
former enslaved people—and guaranteed all citizens “equal protection of the laws. ”

Question 20

Due process clause:

Answer 20

“nor shall any State deprive any person of life, liberty or property, without due
process of law,” the due process clause of the 5th Amendment also applied to the states (selective
incorporation)

Question 21

Equal protection clause:

Answer 21

the constitutional guarantee that no person or group will be denied the protection under
the law

Question 22

Fiscal federalism:

Answer 22

Ktaxing, spending, and providing grants to the states to promote national agendas such as
public welfare, environmental standards, and educational improvements

Question 23

Dual federalism:

Answer 23

Distinct ‘layers’ between federal, state and local governments. This was evident in the US before
the Great Depression

Question 24

Cooperative federalism:

Answer 24

When the federal, state and local governments work together collaboratively and we see a
lot of overlap; evident post Great Depression

Question 25

Categorical grant:

Answer 25

Money given by the federal gov with specific guidelines/categories it needs to be used for

Question 26

Block grant:

Answer 26

Money given by the federal gov with broad guidelines for on what states can use them for

Question 27

How does each branch check the Executive branch?

Answer 27

Judicial Grant reprieves and pardons for federal offenses
Nominate federal judges (with Senate confirmation)

Legislative Recommend legislation to Congress
Present information on the State of the Union to Congress
Convene Congress on extraordinary occasions/emergency situations
Adjourn Congress if House and Senate cannot agree
Veto legislation (Congress may overrule with a supermajority)

Question 28

Executive Agreements:

Answer 28

an agreement between the United States and a foreign government that is less formal
then a treaty, only in effect while they are in office and no Senate approval is needed

Question 29

Executive Orders:

Answer 29

a rule that carries the force of law, does not need Congress approval

Question 30

Signing statements:

Answer 30

When a president signs a bill to law but specifies how they want the law executed/carried
out

Question 31

Use of bully pulpit:

Answer 31

when the President uses his position of power to speak to the people to influence agenda,
sway public opinion,

Question 32

How have informal powers impacted the office of the presidency?

Answer 32

Informal powers have given the president way more power than the founding fathers originally intended.

Question 33

How did the War Powers Act impact the President and Congress?

Answer 33

• Law passed in 1973, the president must notify Congress when troops are sent into
  ‘hostilities” and troops overseas need to return after a 60-day period unless
  Congress gives its approval for a longer period.
• This limited the power of the president and strengthened Congress’ power

Question 34

Presidential veto- Impact of a veto/threat of veto? How can it be overridden?

Answer 34

• A President can threaten to veto a bill to persuade lawmakers to change the bill (making it ‘better’ in the
  President’s eyes)
• Congress can override a veto by passing the act by a two-thirds vote in both the House and the Senate.

Question 35

What sets up the size of the Supreme Court?

Answer 35

Congress- federal law

Question 36

What court(s) are established by the US Constitution?

Answer 36

Supreme Court,

Question 37

Who/what sets up the other inferior courts?

Answer 37

Congress

Question 38

How are Supreme Court justices appointed and approved?

Answer 38

President nominates, Senate confirms. Using a strict
vetting process, questioning in Senate Judiciary Hearings

Question 39

What is the difference between judicial activism and judicial restraint?

Answer 39

• Judicial activism: judges should interpret the US Const. to reflect current conditions and values. When
  judges strike down laws or reverses public policy
• Judicial restraint: when judges decide/interpret cases strictly based on the US Constitution. Should only
  declare something as unconstitutional when it directly violates what’s written

Question 40

Define judicial review:

Answer 40

from Marbury v Madison, giving SCOTUS the power to rule acts/laws
unconstitutional

Question 41

Explain how the Supreme Court selects cases using the “Rule of Four”:

Answer 41

At least 4 justices have to agree to hear
a case, reflective of the founders ‘majority rule, minority rights’ with having this not be a majority

Question 42

Appellate court:

Answer 42

Reviews cases from lower courts, has ‘appellate jurisdiction’

Question 43

District court:

Answer 43

Lower courts within the hierarchy, hear cases for the first time, have original jurisdiction,
their cases can be appealed to appellate courts

Question 44

Majority:

Answer 44

the outcome of the case (at least 5/9)

Question 45

Concurring:

Answer 45

When a justice agrees with the majority opinion, they can write a concurring opinion explaining
why

Question 46

Dissenting:

Answer 46

When a justice disagrees with the majority opinion, they can write a dissenting opinion
explaining why

Question 47

Basics of SCOTUS cases to know:

Answer 47

• McCulloch v Maryland: “Necessary and Proper” Clause gave Congress the power to establish a national bank.
• Shaw v Reno: racial gerrymandering unconstitutional
• Marbury v Madison: judicial review