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POLI-SCI UVU > Midterm 1 > Flashcards

Midterm 1 Flashcards

1
Q

On which day was the Declaration of Independence signed?

A

2 August 1776

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2
Q

What was the Stamp Act

A

Direct tax imposed on British Colonies which required printed material to be produced on stamped paper that was manufactured in London.

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3
Q

What was the Boston Tea Party

A

16 Dec 1773; Protest against the Tea Act of 1773. British East India Company and to pay the Townshend Act taxes. Americans viewed those taxes as a violation of their rights. “No taxation without representation.”

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4
Q

The Articles of Confederation

A

The US’s first written constitution. Gave LITTLE power to the “federal gov.” Could not collect taxes or raise an army. Articles of Confederation was unsustainable. Shay’s rebellion exposed the weakness of the Articles of Confederation.

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5
Q

Constitutional Convention

A

Was comprised to revise the Articles of Confederation. Ended up creating an entirely new Constitution. Reviewed plans like the Virginia and New Jersey Plans. Settled compromises such as 3/5ths compromise.

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6
Q

The Great Compromise

A

Part of the Constitutional Convention. Gave each state an equal number of senators and divided representation in the House by population.

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7
Q

3/5th Compromise

A

Part of the Constitutional Convention. Slaves were to be counted as 3/5ths person for taxes and population.

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8
Q

The Federalist Papers

A

Were a series of essays written by John Jay, Alexander Hamiton, and James Madison. Made the case for the constitution.

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9
Q

Federalists

A

Pro central government; northerners.

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10
Q

Antifederalists

A

Pro state government; southerners.

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11
Q

What was the main condition for antifederalists to ratify the Constitution?

A

Adding the Bill of Rights

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12
Q

What is the Amendment and Ratification process.

A

Described in Article 5 of the Constitution. Congress must pass a proposed amendment by a two-thirds majority vote in both the Senate and the House of Representatives and send it to the states for ratification by a vote of the state legislatures.

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13
Q

What is the Supremacy Clause?

A

Article 6, The Supremacy Clause of the Constitution of the United States, establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the “supreme Law of the Land”, and thus take priority over any conflicting state laws.

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14
Q

What is the Full Faith and Credit clause?

A

Article 4, Section 1 of the United States Constitution, the Full Faith and Credit Clause, addresses the duties that states within the United States have to respect the “public acts, records, and judicial proceedings of every other state.”

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15
Q

What is the necessary and proper clause?

A

The Necessary and Proper Clause, also known as the Elastic Clause,[1] is a clause in Article I, Section 8 of the United States Constitution:…“each state retains its sovereignty, freedom, and independence, and every power, jurisdiction, and right, which is not by this Confederation expressly delegated”

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16
Q

What is the commerce clause?

A

The clause states that the United States Congress shall have power “[t]o regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” The Commerce Clause describes an enumerated power listed in the United States Constitution.

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17
Q

How many amendments are in the Constitution?

A

There are 27 Amendments

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18
Q

What is Federalism?

A

Federalism is the system of shared and divided powers between a central federal government and individual state governments.

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19
Q

What are the police powers? What level of government has the police powers?

A

In United States constitutional law, police power is the capacity of the states to regulate behavior and enforce order within their territory for the betterment of the health, safety, morals, and general welfare of their inhabitants.[1] Police power is defined in each jurisdiction by the legislative body, which determines the public purposes that need to be served by legislation.[2] Under the 10th Amendment to the United States Constitution, the powers not delegated to the Federal Government are reserved to the states or to the people. This implies that the Federal Government does not possess all possible powers, because most of these are reserved to the State governments, and others are reserved to the people.

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20
Q

What are the Separation of Powers?

A

Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances.

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21
Q

Enumerated or Express Powers

A

A specific power given to a specific branch of government by the expressed words of the Constitution

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22
Q

Reserved Power

A

A power that is reserved FROM the federal government for the state governments or for the people (federal government cannot do)

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23
Q

Implied Power

A

A power assumed by a specific branch of government because of an expressed power already granted to it in the Constitution

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24
Q

Concurrent Power

A

Power given to both the federal governments and the state governments.

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25
Q

Delegated Powers

A

Powers that originally belong to one branch and are given to another branch. Ex. Congress delegates tax collection to the IRS.

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26
Q

What does a system of checks and balances mean?

A

Principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power.

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27
Q

What are the checks and balances of the legislative, executive and judicial branches?

A

Executive Branch may veto a law. Legislative branch may overrule a veto. Judicial branch may exercise Judicial Review and determine a law or executive action is unconstitutional.

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28
Q

Confederation

A

Confederation concentrates powers on individual states rather than a central government.

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29
Q

Federation

A

Federation concentrates power on central government rather than individual states

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30
Q

In which part of the Constitution is the Legislative Branch outlined?

A

Article I of the Constitution

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31
Q

Where are the Expressed Powers of Congress found?

A

Explicitly Listed in Article 1, Section 8

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32
Q

What is a bicameral house.

A

Has two (bi) Chambers: House and Senate

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33
Q

What is the general process for a bill to become a law?

A

Bill is proposed in the House
Bill is referred to proper committee to be voted on.
If passed within committee then it goes on to the House Floor for debate/vote.
If passed it then goes to Senate committee to be modified and voted on.
If passed it then goes to Senate Floor for debate/votes.
Bill goes to Conference Committee to undergo modifications.
Bill goes back to the House for the passing of the same version.
If passed then bill is sent to President
If president sings it becomes law
If president does not sign, congress may overturn veto with a 2/3rds majority.

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34
Q

How does Congress override a presidential veto?

A

Congress must vote in favor of bill with a 2/3rds majority.

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35
Q

What is congressional oversight power?

A

refers to the review, monitoring, and supervision of federal agencies, programs and policy implementation, and it provides the legislative branch with an opportunity to inspect, examine, review and check the executive branch and its agencies.

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36
Q

How many Senators does each state have?

A

2

37
Q

How long do Senators serve?

A

6 years

38
Q

What are “rolling terms” for Senators?

A

Senators serve six-year terms and elections to the Senate are staggered over even years so that only about 1/3 of the Senate is up for reelection during any election.

39
Q

What are the leadership positions in the Senate?

A

Presiding Officer
Senate Majority Leader
Senate Minority Leader
Senate Whips

40
Q

What powers does the Senate have?

A

Power to ratify treaties, and to confirm executive and judicial appointments.

41
Q

What is a filibuster?

A

A filibuster is a parliamentary procedure used in the United States Senate to prevent a measure from being brought to a vote. The most common form of filibuster occurs when one or more senators attempt to delay or block a vote on a bill by extending debate on the measure.

42
Q

How many house districts are there in the US?

A

435 as of 2021

43
Q

How long do House Representatives serve?

A

2 years

44
Q

How many constituents does every house seat have on average?

A

700K

45
Q

What are the leadership positions of the house?

A

The Speaker, Majority Leader, Minority Leader, Majority Whip and Minority Whip all receive special office suites in the United States Capitol.

46
Q

What is the House of Representatives and what are its sole powers?

A

Designed to be the closest branch of the federal gov to the people.
Has sole power of impeachment.
Has sole power to create revenue bills (tax collection bills)

47
Q

What is the census and what effect does it have on the House?

A

The census is a nation wide survey that determines the size of the population and its demographics. Occurs every 10 years. The results are used to calculate the number of House memberships to which each state is entitled.

48
Q

What is the trustee model of representation?

A

Trustee model is when the representative votes according to what he or she feels is best for the people and not necessarily what the people want.

49
Q

What is the Delegate model of representation?

A

Delegate model is when the representative votes according to what the people want.

50
Q

What are unfunded mandates?

A

Are requirements of the federal government to the states that do not fund administrative costs of the law or regulation

Diminishes the state government’s power, and is seen as a force from the federal government

Unfunded mandates are not a new policy approach and have been used throughout the 1900’s

51
Q

What are Block Grants?

A

Block grants are federal grants given to states to achieve an intended outcome, but with a lot of flexibility on how the money can be spent to achieve that outcome.

52
Q

What are Categorical Grants?

A

Categorical grants are federal grants given to states to achieve an intended outcome, with narrow requirements on how that money can be spent to achieve that outcome.

53
Q

Where is the Executive Branch outlined?

A

Outlined in Article II of the Constitution

54
Q

What are the powers of the executive branch?

A

The executive branch carries out and enforces laws.

55
Q

What are the checks and balances that the president has on other branches?

A

President may veto bills.
President may appoint judges to judicial branch.
VP can break ties in Senate Votes

56
Q

What is the political value of a vice president?

A

VP “balances” the President in public perception.

VP can break ties in Senate Votes.

57
Q

How is a President elected?

A

Majority vote of the electoral college.

58
Q

What mandates the State of the Union?

A

The Constitution.

59
Q

What are Executive Orders or Executive Memos?

A

Memoranda can be amended or rescinded by executive orders or another memorandum, but executive orders take legal precedence and cannot be changed by a memorandum. The Federal Register gives publication priority to executive orders and presidential proclamations over memoranda. …

60
Q

What is the Judicial Branch?

A

Outlined in Article III of the Constitution, but the only court established was the Supreme Court- the rest of the federal court system was established through the Judiciary Act of 1789

The framers called the judicial branch the least dangerous branch of government

61
Q

How is the judiciary controlled by the legislative branch?

A

The Constitution delegates the composition of the Judicial Branch to the Legislative Brach.
Senators also confirm appointees to the their posts in the Judicial Branch.

62
Q

What is Judicial Review?

A

The ability for the Supreme Court to rule acts of Congress or Presidential Orders as “unconstitutional

Judicial Review was established in the ruling of Marbury v. Madison

The “teeth” of the judicial branch

63
Q

How are federal judges appointed and how long do they serve?

A

Lifetime, unless removed from office, resign, or die.

64
Q

What are district courts?

A

The United States district courts are the general trial courts of the United States federal judiciary. Both civil and criminal cases are filed in district courts, each of which is a court of law, equity, and admiralty.

65
Q

What are appellate courts?

A

13 Appellate Courts

Known as circuit courts, an appellate court, commonly called an appeals court, court of appeals, appeal court, court of appeal, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal.

66
Q

What is the Supreme Court?

A

Provides Judicial Review: Answers Constitutional Questions.
The Highest Court in the Land.
Rules when Federal Gov is a party in a suit.
Rules in suits pitted between two States (State vs State).

67
Q

What cases does the supreme court have original jurisdiction?

A

Article III, section 2, of the Constitution distributes the federal judicial power between the Supreme Court’s appellate and original jurisdiction, providing that the Supreme Court shall have original jurisdiction in “all cases affecting ambassadors, other public ministers and consuls,” and in cases to which a state is a party. In the Judiciary Act of 1789, Congress made the Supreme Court’s original jurisdiction exclusive in suits between two or more states, between a state and a foreign government, and in suits against ambassadors and other public ministers. The Supreme Court’s jurisdiction over the remainder of suits to which a state was a party was to be concurrent, presumably with state courts since the statute did not expressly confer these cases upon the inferior federal courts.

68
Q

How many justices are on the Supreme Court?

A

9

69
Q

Who is the current chief justice?

A

Honorable John G. Roberts, Jr.

70
Q

What is the Judicial System’s political influence?

A

Judicial restraint
Living constitution
Activist judges
Liberal/conservative judges

71
Q

What is Common Law?

A

Judge made law that stands on previous precedents (stare decisis)

72
Q

What type of Judicial Opinions are there?

A

Majority
Concurring
Dissenting

73
Q

What are Civil Liberties?

A

Expressed protections FROM the State.

74
Q

Where are most civil liberties found?

A

The Bill of Rights.

75
Q

What is Selective Incorporation?

A

Incorporation, in United States law, is the doctrine by which portions of the Bill of Rights have been made applicable to the states.

14th Amendment Due Process Clause applied the Due Process Clause of the 5th amendment to the states.

Until 1961, only the first and the part of the fifth amendments had clearly been incorporated.

76
Q

What is the Bill of Rights?

A

First 10 amendments to the U.S. Constitution

77
Q

Which amendments deal with the “Due Process of Law” in the bill of rights?

A

4th, 5th, 6th, 8th

Due Process is the procedure that the Fed must follow in criminal prosecution

4th - Exclusionary rule, Search Seizure, Probable Cause

5th - Due Process, Grand Jury, Self Incrimination,

6th - Protection for Defendants in Criminal Proceedings

8th - Cruel and Unusual Punishment, Excessive Bail.

78
Q

Which amendments are cited for creating the “right to privacy”

A

2nd, 3rd, 4th, or 9th

Right to bear arms implies privacy for ownership of arms

3rd protects you from quartering troops. Property (and Privacy Rights).

4th Exclusionary Rule, Probable Cause, Search and Seizure.

9th - all other rights, not expressed, such as privacy, are granted to the people.

79
Q

What’s in the 1st Amendment?

A

Establishment Clause

Free Exercise Class

Freedom of expression: speech, press, assembly, and petition:
Political Speech that stops short of inciting violence holds the greatest protection
Slander and Libel

Free and open debate is essential for determining the quality and validity of competing ideas

The government can limit the time and manner of expression as long as it is content neutral

80
Q

What’s in the 2nd Amendment?

A

Right to bear arms.

81
Q

What’s in the 4th Amendment?

A

Exclusionary rule
Search and Seizure
Probable cause

82
Q

What’s the Exclusionary Rule?

A

Evidence that was illegally obtained must be thrown out of trial.

83
Q

What is Probable Cause?

A

In United States criminal law, probable cause is the standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal or the issuing of a search warrant. It is also the standard by which grand juries issue criminal

84
Q

What’s in the 5th Amendment?

A

Takings Clause: “private property [shall not] be taken for public use, without just compensation.”
Due Process
Self-Incrimination (right to remain silent)
Right to a grand jury who decides if there is enough evidence to have a trial
Forbids double jeopardy

85
Q

What’s in the 6th Amendment?

A

Protection for defendants in criminal proceedings
Right to a seedy, public trial by an impartial jury
Right to legal counsel

86
Q

What’s in the 7th Amendment?

A

Protection for defendants in civil cases to a trial by jury

87
Q

What’s in the 8th Amendment?

A

Prohibits cruel and unusual punishment

Prohibits excessive bail

88
Q

What’s in the 9th Amendment?

A

There are other rights, and they are retained by the people

Example: This is not an exhaustive list

89
Q

What’s in the 10th Amendment?

A

The powers not delegated to the federal government or prohibited by the states, are in fact reserved to the States (or the people)

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