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AP Gov Stanek > semester 1 > Flashcards

semester 1 Flashcards

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1
Q

Fwho wrote fed 10

A

madison

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2
Q

what was fed 10 about?

A

how a republic government is better for a large country

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3
Q

the Courts is a liaison (bridge) between…

A

the legislature and the people

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4
Q

how does the Constitution manage representation? (fed 10)

A

it creates a balance of representation by having a certain number of representatives based on population, as well as set amounts for each state.

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5
Q

why is a large republic good? (fed 10)

A

it will better manage factions, which protects peoples rights since more majorities of the same party would be found

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6
Q

federalism in the new constitution

A

States focus on local issues, while the federal government focuses on national issues.

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7
Q

what does brustus 1 say about factions?

A

The best way to control factions is to let them compete with each other

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8
Q

what does brutus 1 say about the risk of gov. oppression?

A

An overbearing central government is the biggest threat, so we need a small government

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9
Q

what happened in lopez v. us

A

Lopez, a senior in high school, brought a gun to his school to sell which violated Gun Free School Zone act of 1990.
- this was a violation of state and fed law but fed gov wanted to take over

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10
Q

what are the limits of the commerce clause (lopez v us) (3)

A

1) use of ways of interstate commerce (phones, planes, roads, etc)
2) people/things involved in interstate commerce (includes when threats are intrastate
3) any activities that substantially affect/relate to interstate commerce

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11
Q

ruling of lopez v us

A
  • 5-4 split decision
  • declares fed gun law unconstitutional
  • law does exceed power of commerce clause
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12
Q

impact of lopez v us

A

-first time since 1937 that the Supreme Court limited the Commerce Clause

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13
Q

how does the decision of lopez v us show federalism?

A

-by limiting the federal government’s power with the Commerce Clause, which left some power to the states.
- If the US won, the Federal government could have regulated everything

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14
Q

what happened in mccolluch v maryland

A

-fed gov wanted to make a national bank and put it in Maryland.
-The states did not like this and attempted
to pass laws to control the bank
- maryland attempted to tax the bank, but the bank refused to pay the tax.

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15
Q

what is federalism?

A

political system by which powers are distributed among various levels of gov

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16
Q

what is dual federalism?

A

(layer cake federalism) is when the powers of the federal and state governments are clearly defined, state governments can exercise the powers given to them without government interference

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17
Q

what is cooperative federalism?

A

(marble cake federalism) is when states and the federal government work together on issues and programs, so there is no fine line between state and federal powers

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18
Q

what does brutus 1 say about a large government

A

It is bad because then the representatives are not as well connected to the people which they represent

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19
Q

how does mccolluch v maryland limit state power

A

States cannot interfere with the Federal Gov. in carrying out the constitution

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20
Q

how does mcculloch v maryland expand the commerce clause?

A

Federal Gov. can do anything that furthers its goal of carrying out enumerated powers

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21
Q

what is mcculloch v marylands relationship to federalism?

A

-Establishes what the states can and cannot do
- also established what the federal government can do
-gives the federal government more power

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22
Q

how does mcculloch v maryland show the supremacy clause?

A

The Constitution, as well as Federal laws, take priority over any conflicting rules of a state law

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23
Q

what are concurrent powers

A

Powers possessed by both the states and the federal government
con = both

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24
Q

examples of concurrent powers

A
  • establish courts
  • taxation
  • criminal punishment
  • borrow money
  • promote general citizen welfare
  • charter banks
  • regulate intrastate commerce
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25
Q

reserved powers

A

Powers granted to the states either specifically by the Constitution or from the interpretation of the 10th Amendment

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26
Q

examples of reserved powers

A
  • driving laws
  • drinking age
  • marriage laws
  • education
  • death penalty
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27
Q

implied powers

A

powers granted to the federal government through the interpretation of the constitution
implied to fed gov

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28
Q

which clauses do the implied powers come from? (2)

A

1)Commerce Clause
2)Necessary and Proper clause

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29
Q

examples of implied powers

A
  • health care
  • minimum wage laws
  • social security
  • medicare/medicaid
  • space exploration
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30
Q

enumerated powers

A

powers granted directly to fed gov via the connstitution

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31
Q

what powers are granted to the federal government?

A
  • enumerated
  • implied
  • concurrent
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32
Q

what powers are grated to state governments?

A
  • reserved
  • concurrent
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33
Q

what are the types of democracy (3)

A
  • pluralist
  • elite
  • participatory
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34
Q

participatory democracy

A

individual behaviors impact decision making

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35
Q

elite democracy

A

only wealthy/highly educated could impact policy

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36
Q

pluralist democracy

A

group actions impact decision making

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37
Q

what is direct democracy?

A

People vote on issues

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38
Q

what is a representative democracy?

A

people vote for representatives who vote on issues

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39
Q

what is a republic?

A

people vote for people who pick the people who vote on issues

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40
Q

failures of the articles of confederation

A
  • no exec. branch
  • no judicial branch
  • difficult to pass laws
  • congress couldn’t successfully regulate commerce
  • congress couldn’t force states to do anything

all in all, the central gov was too weak and states had too much power

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41
Q

what is the purpose of the legislative branch

A

to create laws in accordance of the Constitution?

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42
Q

what two houses are in congress?

A

1) HOR
2) Senate

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43
Q

who is the leader of the HOR?

A

speaker of the house

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44
Q

who is the most powerful person of the HOR?

A

speaker of the house

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45
Q

who is the leader of the Senate

A

Vice President

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46
Q

who is the most powerful person of the Senate

A

senate majority leader

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47
Q

what is the difference between majority/minority parties?

A

one party is more populated in congress than the other

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48
Q

who leads majority party

A

majority leader

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49
Q

who leads minority party

A

minority leader

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50
Q

who are house and senate majority/minority whips?

A

assistants to the majority/minority leaders. “whip in votes”

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51
Q

what are minority/majority whips mainly use for?

A

counting votes

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52
Q

what is a congressional caucus?

A

A group in congress who vote a certain way
ex. black caucus, Midwest caucus
usually either ideological or geographical

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53
Q

what is the difference between the house and the senate?

A

house reflects the will of the people, has shorter terms, and is re-elected every 2 years

senate has staggered 6 year terms, presidential appointments, more control over foreign policy

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54
Q

pork amendments

A

any amendment that adds spending or special privileges for a group of people
ex. money for a road/bridge

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55
Q

riders amendments

A

Amendment that is not relative to the bill, not always money

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56
Q

what is a filibuster

A

maintaining debate so a vote cannot be maintained a bill

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57
Q

how is the filibuster in the house vs the senate?

A

house:
- debate is more regulated
- limit on debate time

senate:
- no limit on debate time
- could end by cloture

58
Q

what is congressional reapportionment

A

the redrawing of congressional districts

59
Q

what happened in shaw v reno

A

north carolina drew a district so it could include racial representation and was bizarrely drawn

60
Q

shaw v reno’s impact

A

cannot racially gerrymander

61
Q

what happened in baker v carr

A

Tennessee required districts to be redrawn every 10 years, but they weren’t because of little to no population change.

62
Q

impact of baker v care

A

established “one man, one vote”, meaning each person will have the same amount of voting power

63
Q

what is gerrymandering

A

drawing districts based on bias

64
Q

what are the 3 kinds of committees

A

1) joint committee
2) standing committee
3) select committee

65
Q

what is a joint committee

A

committee consisting of members of house and state

66
Q

standing committee

A
  • permanent committee
  • where bills are sent to
67
Q

select committees

A
  • temporary (some may become permanent)
  • typically investigative
  • DONT HANDLE BILLS
68
Q

important standing committees (4)

A

1) house rules committee
2) house ways and means committee
3) house appropriations committee
4) senate judiciary committee

69
Q

what is the house rules committee

A
  • sets rules for debate in HOR (no rules for senate
70
Q

what is the house ways and means committee

A
  • most powerful committee in congress
  • handles tax code and budgey
71
Q

what is the house appropriations committee

A
  • hands out money
  • HOR appropriations is stronger, but there is one for senate
72
Q

what is the senate judiciary committee

A
  • they see and investigate judicial nominees first
73
Q

what are the checks the legislative branch has

A
  • approves judicial nominees
  • power of the purse
  • impeachment
74
Q

what is power of the purse

A

HOR controls money and budget starts in HOR appropriations

75
Q

what is fed 51 about

A

separation of powers and checks and balances

76
Q

what is the purpose of the executive branch

A

to enforce laws of the constitution

77
Q

what are some roles of the president

A
  • chief of state
  • chief diplomat
  • etx
78
Q

what are the executive checks

A
  • veto (2 types)
  • executive orders
  • nominations
  • pardons/clemency
  • bully pulpit
79
Q

what are the 2 types of veto’s

A

1) pocket
2) regular

80
Q

what is a pocket veto

A
  • more powerful veto because it can’t be overridden
  • can only occur when congress will be out of session 10 days within the laws passing
81
Q

what is a regular veto

A
  • happens whenever a president doesn’t want a law to go into effect
  • can be overridden by a 2/3 vote in congress
82
Q

what are executive orders

A
  • orders from the president to the members of the executive branch
  • has an effect in law but only deals with how laws are enforced
  • are subject to judicial review
83
Q

what are executive nominations

A
  • president gets to choose people for variety of positions
  • some don’t require senate approval
  • senate approval is needed for:
    1) supreme court justices
    2) federal judges
    3) cabinet positions
84
Q

what is a pardon

A
  • single person
  • legal forgiveness
  • free from any current/future punishment
85
Q

what is an amnesty

A
  • legal big group pardon
86
Q

pardons are only for…

A

federally charged offenses

87
Q

what is the bully pulpit

A

-presidents influence on congress
- is somewhat a check/tool

88
Q

what is fed 70 about

A
  • energy is needed in the executive so they can protect the nation
  • executive should be 1 person
89
Q

what is the 22nd amendment

A

limits presidents to 2 terms/10 years

90
Q

what is the 25th amendment

A

instates vice près if president were to die or be removed from office

91
Q

what is the purpose of the judiciary branch

A

to interpret the laws

92
Q

what is the structure of the judiciary

A

highest to lowest
1) supreme court
2) appellate court
3) district court

93
Q

how do judges get nominated?

A
  • nominated by pres
  • senate judiciary investigates nominee and chooses whether to approve or not
94
Q

what is impartial judiciary

A

judiciary that isn’t biased

95
Q

what is the check the judicial has

A
  • judicial review
96
Q

what is judicial review

A

ability of the supreme court to determine the constitutionality of any legislative act
- from marburg v madison

97
Q

what happened in marbury v madison

A
  • marbury was appointed judge at the very end of the Adams administration, but the Jefferson administration ruled it void.
  • scotus said marbury should get his job, but they cannot give it to him because it technically never existed
98
Q

what is the impact of marbury v madison

A

established judicial review

99
Q

what is fed 78 about

A
  • lifetime appts and nominations make judiciary impartial
100
Q

what is a bureaucracy

A

any large, complex organization run by appointed (or hired) officials

101
Q

what are some independent/regulatory agencies

A

EPA - Environmental Protection Agency
Regulates environmental policy
- SEC- security and exchange commission
Regulates stock market, strictly deals with domestic
- FDA- Food and drug administration
- FEC- federal elections commission

102
Q

what are agencies

A
  • single head
  • head needs to be approved by senate
  • head makes decisions over the behavior of the agency
103
Q

what are committees

A
  • workers nominated by president and approved by senate
  • no leader
104
Q

what are commissions

A

groups of people elected by the president for a term length

105
Q

what is the federal reserve

A
  • America’s Central Banking System
  • Is COMPLETELY independent from the president
106
Q

what does the federal reserve do

A
  • Distributes money to banks
  • Sets monetary policy
  • creates tools to control inflation
  • sets interest rates
  • determines money supply
107
Q

what is monetary policy

A

regulating the amount of money
- controlled by fed reserve

108
Q

what is fiscal policy

A

budget, money that comes from taxes and is spent

109
Q

what are the purposes of bureaucracies (3)

A

1) create policy (discretionary authority)
2) set standards (regulatory authority)
3) enforce laws

110
Q

what is regulatory authority

A

power to create regulations, might involve making a law because its a creation of standards

111
Q

what is discretionary authority

A

broader version of regulatory authority congress grants to bureaucratic agencies to make a law
- 85-90% is regulatory

112
Q

what are FAQSPRTERS

A

Freedom
Arms
Quartering
Search and seizure
Protections of the accused
Rights to the accused
Trial by jury
Excessive
Rights enumerated
State rights

113
Q

what is the exclusionary rule

A

illegally seized info may not be used against anybody
- sparked by mapp v. ohio

114
Q

what are time-manner-place restrictions

A

Gov can restrict time, manner, and place of a protest if it disturbs others

115
Q

what are the two types of speech exceptions to the 1st amendment

A

1) libel
2) slander

116
Q

what is libel

A

written harmful and false speech

117
Q

what is slander

A

spoken harmful and false speech

118
Q

what is in the 14th amendment

A
  • due process clause
  • selective incorporation
119
Q

what is selective incorporation

A

The application of the bill of rights to the states (3rd and 9th have not been incorporated into states)

120
Q

where does selective incorporation come from

A

14th amendment due process clause

121
Q

what are the right to privacy amendments

A

1, 3, 4, 5, 9

122
Q

what is the voting rights act of 65

A
  • prohibits voting discrimination based on race
123
Q

what is the impact of the voting rights act of 65

A
  • allows fed gov to intervene in state election procedures
124
Q

what does section 5 of the voting rights act say

A
  • requires certain states/jurisdiction to clear ANY changes to voting laws with the fed government
  • includes but not limited to:
    •congressional district maps
    •voter ID laws
    •ballot availability
    •etc
125
Q

what is the civil rights act of 64

A

prohibits discrimination due to sexual orientation, race, and national origin

126
Q

what is Title IX

A

legislation preventing discrimination in schools based on gender/sex

127
Q

what is the 15th amendment

A

prohibits voting discrimination based on race, color, gender, etc

128
Q

what is the 19th amendment

A

gives women right to vote

129
Q

what is the 24th amendment

A

gets rid of poll tax

130
Q

what is the 26th amendment

A

changes voting age to 18

131
Q

what is affirmative action

A

the push to rectify and diversify institutions that aren’t diverse now

132
Q

what happened + impact in engle v vitale

A

ny wanted to create school prayer; violates establishment clause

133
Q

what happened + impact in roe v wade

A

women want right to abortion, right is given due to selective incorporation of right to privacy

134
Q

impact of griswold v connecticut

A

selectively incorporates 1,3,4,5,9 amendments right to privacy

135
Q

what happened + impact of gideon v wainwright

A

-convicted robber too poor for attorney, is denied one because his case is not a capital case
- convict wins, 6th amendment right to attorney applies to states

136
Q

what are the selective incorporation cases

A
  • roe v wade
  • gideon v wainwright
  • griswold v connecticut
  • mcdonald v chicago
  • mapp v chicago
137
Q

what happened + impact in shenck v us

A
  • man passes out papers urging people not to enlist in war and is jailed under espionage act
  • his behavior is deemed a threat to nat’l security, us can now restrict speech in certain situations
  • creates “clear and present danger” test
138
Q

what happened + impact in mcdonald v chicago

A
  • heller v dc changed courts interpretation of 2nd amendment
  • due process of 14th amendment applies 2nd amendment right to bear arms to states
139
Q

what happened + impact of nyt v us

A
  • whistleblower gives info on the vietnam war (pentagon papers)
  • nixon tells press not to publish because it threatens nat’l security
  • scotus says fed gov does not meet requirement of high level of proof needed to deem it as a threat
  • gov censorship of press becomes very limited
140
Q

what happened + impact of brown v board of education

A
  • black families in Topeka, KS wanted to end segregation which was not required by state law
  • segregation violates 14th amendment, since only motive for it was that african americans were inferior
  • Topeka was used because they had the best black schools in the country
141
Q

what happened + impact of yoder v wisconsin

A
  • amish did not want their children to go to high school, state of wisconsin says they must
  • amish don’t have to send their children to high school because of its clear infringement on their religion
142
Q

what happened + impact of tinker v des moines

A
  • students wanted to protest vietnam war by wearing black arm bands; those who did were suspended
  • school violated 1st amendment since there was no substantial distraction made + students don’t give up 1st amendment rights in school
  • introduced tinker test

AP Gov Stanek (8 decks)

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