Midterm 1! Flashcards
Pluralist:
A theory of gov emphasizing that politics are mainly a competition among groups
Hyperpluralist:
A theory of gov arguing that groups are so strong/there’s so many of them that the government is
weakened
Participatory democracy:
citizens have the power to directly decide/give input on policy and the gov should
follow/implement them
What influence did John Locke have on our founding fathers?
Consent of the governed and natural rights- “life, liberty, pursuit of happiness” (Locke originally had “property”)
Define social contract.
- Social contract: people give up some of their rights to the government in return for protection
What were some of the major failures of the Articles of Confederation? Give 4 examples
Congress had no power to tax or regulate trade, no federal judiciary, unicameral legislature, 13 states approval
for amendments, lack of executive
What two groups argued over the ratification of the Constitution and why?
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
What were the main arguments of Fed #10?
-Fed 10: In favor of ratification of US Constitution. Factions are a huge threat; a large republic can protect us
from factions
What was the main argument of Brutus 1?
- Brutus 1: Against ratification of the US Constitution. Argued there are too many different interests, Government will be
too far away & too powerful
Checks and balances:
Allowing for one branch to check another and keep one from becoming too
powerful (i.e. Senate has to confirm Presidential appointments)
Federalism:
Division on power between federal & state govs (i.e. dual federalism)
Majority rule, minority rights:
Gov according to the expressed preferences of the majority; however rights are
guaranteed to everyone even if they are not in the majority
Define the Necessary and Proper clause:
Constitutional clause that gives congress the power to make all laws
“necessary and proper” for executing its powers
Concurrent powers:
powers shared by the federal and state gov, i.e. power to tax
Enumerated powers:
powers specifically listed in the Constitution for Congress (i.e. coin money, declare
war)
Implied powers:
derived from the Necessary and proper (Elastic) clause; powers which are derived
from enumerated powers
Define the 10th amendment
10th amendment: Powers not specifically given to the federal government to be given to the
states
how it (the 10th amendment) impacts federalism
The 10th amendment gives states a lot of power and balances out powers between the states
& federal gov
Define the 14th amendment and explain the following clauses:
granted citizenship to all persons—including
former enslaved people—and guaranteed all citizens “equal protection of the laws. ”
Due process clause:
“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)
Equal protection clause:
the constitutional guarantee that no person or group will be denied the protection under
the law
Fiscal federalism:
Ktaxing, spending, and providing grants to the states to promote national agendas such as
public welfare, environmental standards, and educational improvements
Dual federalism:
Distinct ‘layers’ between federal, state and local governments. This was evident in the US before
the Great Depression
Cooperative federalism:
When the federal, state and local governments work together collaboratively and we see a
lot of overlap; evident post Great Depression
Categorical grant:
Money given by the federal gov with specific guidelines/categories it needs to be used for
Block grant:
Money given by the federal gov with broad guidelines for on what states can use them for
How does each branch check the Executive branch?
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)
Executive Agreements:
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
Executive Orders:
a rule that carries the force of law, does not need Congress approval
Signing statements:
When a president signs a bill to law but specifies how they want the law executed/carried
out
Use of bully pulpit:
when the President uses his position of power to speak to the people to influence agenda,
sway public opinion,
How have informal powers impacted the office of the presidency?
Informal powers have given the president way more power than the founding fathers originally intended.
How did the War Powers Act impact the President and Congress?
- 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
Presidential veto- Impact of a veto/threat of veto? How can it be overridden?
- 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.
What sets up the size of the Supreme Court?
Congress- federal law
What court(s) are established by the US Constitution?
Supreme Court,
Who/what sets up the other inferior courts?
Congress
How are Supreme Court justices appointed and approved?
President nominates, Senate confirms. Using a strict
vetting process, questioning in Senate Judiciary Hearings
What is the difference between judicial activism and judicial restraint?
- 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
Define judicial review:
from Marbury v Madison, giving SCOTUS the power to rule acts/laws
unconstitutional
Explain how the Supreme Court selects cases using the “Rule of Four”:
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
Appellate court:
Reviews cases from lower courts, has ‘appellate jurisdiction’
District court:
Lower courts within the hierarchy, hear cases for the first time, have original jurisdiction,
their cases can be appealed to appellate courts
Majority:
the outcome of the case (at least 5/9)
Concurring:
When a justice agrees with the majority opinion, they can write a concurring opinion explaining
why
Dissenting:
When a justice disagrees with the majority opinion, they can write a dissenting opinion
explaining why
Basics of SCOTUS cases to know:
- 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
