semester 1 Flashcards
Fwho wrote fed 10
madison
what was fed 10 about?
how a republic government is better for a large country
the Courts is a liaison (bridge) between…
the legislature and the people
how does the Constitution manage representation? (fed 10)
it creates a balance of representation by having a certain number of representatives based on population, as well as set amounts for each state.
why is a large republic good? (fed 10)
it will better manage factions, which protects peoples rights since more majorities of the same party would be found
federalism in the new constitution
States focus on local issues, while the federal government focuses on national issues.
what does brustus 1 say about factions?
The best way to control factions is to let them compete with each other
what does brutus 1 say about the risk of gov. oppression?
An overbearing central government is the biggest threat, so we need a small government
what happened in lopez v. us
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
what are the limits of the commerce clause (lopez v us) (3)
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
ruling of lopez v us
- 5-4 split decision
- declares fed gun law unconstitutional
- law does exceed power of commerce clause
impact of lopez v us
-first time since 1937 that the Supreme Court limited the Commerce Clause
how does the decision of lopez v us show federalism?
-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
what happened in mccolluch v maryland
-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.
what is federalism?
political system by which powers are distributed among various levels of gov
what is dual federalism?
(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
what is cooperative federalism?
(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
what does brutus 1 say about a large government
It is bad because then the representatives are not as well connected to the people which they represent
how does mccolluch v maryland limit state power
States cannot interfere with the Federal Gov. in carrying out the constitution
how does mcculloch v maryland expand the commerce clause?
Federal Gov. can do anything that furthers its goal of carrying out enumerated powers
what is mcculloch v marylands relationship to federalism?
-Establishes what the states can and cannot do
- also established what the federal government can do
-gives the federal government more power
how does mcculloch v maryland show the supremacy clause?
The Constitution, as well as Federal laws, take priority over any conflicting rules of a state law
what are concurrent powers
Powers possessed by both the states and the federal government
con = both
examples of concurrent powers
- establish courts
- taxation
- criminal punishment
- borrow money
- promote general citizen welfare
- charter banks
- regulate intrastate commerce
reserved powers
Powers granted to the states either specifically by the Constitution or from the interpretation of the 10th Amendment
examples of reserved powers
- driving laws
- drinking age
- marriage laws
- education
- death penalty
implied powers
powers granted to the federal government through the interpretation of the constitution
implied to fed gov
which clauses do the implied powers come from? (2)
1)Commerce Clause
2)Necessary and Proper clause
examples of implied powers
- health care
- minimum wage laws
- social security
- medicare/medicaid
- space exploration
enumerated powers
powers granted directly to fed gov via the connstitution
what powers are granted to the federal government?
- enumerated
- implied
- concurrent
what powers are grated to state governments?
- reserved
- concurrent
what are the types of democracy (3)
- pluralist
- elite
- participatory
participatory democracy
individual behaviors impact decision making
elite democracy
only wealthy/highly educated could impact policy
pluralist democracy
group actions impact decision making
what is direct democracy?
People vote on issues
what is a representative democracy?
people vote for representatives who vote on issues
what is a republic?
people vote for people who pick the people who vote on issues
failures of the articles of confederation
- 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
what is the purpose of the legislative branch
to create laws in accordance of the Constitution?
what two houses are in congress?
1) HOR
2) Senate
who is the leader of the HOR?
speaker of the house
who is the most powerful person of the HOR?
speaker of the house
who is the leader of the Senate
Vice President
who is the most powerful person of the Senate
senate majority leader
what is the difference between majority/minority parties?
one party is more populated in congress than the other
who leads majority party
majority leader
who leads minority party
minority leader
who are house and senate majority/minority whips?
assistants to the majority/minority leaders. “whip in votes”
what are minority/majority whips mainly use for?
counting votes
what is a congressional caucus?
A group in congress who vote a certain way
ex. black caucus, Midwest caucus
usually either ideological or geographical
what is the difference between the house and the senate?
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
pork amendments
any amendment that adds spending or special privileges for a group of people
ex. money for a road/bridge
riders amendments
Amendment that is not relative to the bill, not always money
what is a filibuster
maintaining debate so a vote cannot be maintained a bill
how is the filibuster in the house vs the senate?
house:
- debate is more regulated
- limit on debate time
senate:
- no limit on debate time
- could end by cloture
what is congressional reapportionment
the redrawing of congressional districts
what happened in shaw v reno
north carolina drew a district so it could include racial representation and was bizarrely drawn
shaw v reno’s impact
cannot racially gerrymander
what happened in baker v carr
Tennessee required districts to be redrawn every 10 years, but they weren’t because of little to no population change.
impact of baker v care
established “one man, one vote”, meaning each person will have the same amount of voting power
what is gerrymandering
drawing districts based on bias
what are the 3 kinds of committees
1) joint committee
2) standing committee
3) select committee
what is a joint committee
committee consisting of members of house and state
standing committee
- permanent committee
- where bills are sent to
select committees
- temporary (some may become permanent)
- typically investigative
- DONT HANDLE BILLS
important standing committees (4)
1) house rules committee
2) house ways and means committee
3) house appropriations committee
4) senate judiciary committee
what is the house rules committee
- sets rules for debate in HOR (no rules for senate
what is the house ways and means committee
- most powerful committee in congress
- handles tax code and budgey
what is the house appropriations committee
- hands out money
- HOR appropriations is stronger, but there is one for senate
what is the senate judiciary committee
- they see and investigate judicial nominees first
what are the checks the legislative branch has
- approves judicial nominees
- power of the purse
- impeachment
what is power of the purse
HOR controls money and budget starts in HOR appropriations
what is fed 51 about
separation of powers and checks and balances
what is the purpose of the executive branch
to enforce laws of the constitution
what are some roles of the president
- chief of state
- chief diplomat
- etx
what are the executive checks
- veto (2 types)
- executive orders
- nominations
- pardons/clemency
- bully pulpit
what are the 2 types of veto’s
1) pocket
2) regular
what is a pocket veto
- 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
what is a regular veto
- happens whenever a president doesn’t want a law to go into effect
- can be overridden by a 2/3 vote in congress
what are executive orders
- 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
what are executive nominations
- 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
what is a pardon
- single person
- legal forgiveness
- free from any current/future punishment
what is an amnesty
- legal big group pardon
pardons are only for…
federally charged offenses
what is the bully pulpit
-presidents influence on congress
- is somewhat a check/tool
what is fed 70 about
- energy is needed in the executive so they can protect the nation
- executive should be 1 person
what is the 22nd amendment
limits presidents to 2 terms/10 years
what is the 25th amendment
instates vice près if president were to die or be removed from office
what is the purpose of the judiciary branch
to interpret the laws
what is the structure of the judiciary
highest to lowest
1) supreme court
2) appellate court
3) district court
how do judges get nominated?
- nominated by pres
- senate judiciary investigates nominee and chooses whether to approve or not
what is impartial judiciary
judiciary that isn’t biased
what is the check the judicial has
- judicial review
what is judicial review
ability of the supreme court to determine the constitutionality of any legislative act
- from marburg v madison
what happened in marbury v madison
- 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
what is the impact of marbury v madison
established judicial review
what is fed 78 about
- lifetime appts and nominations make judiciary impartial
what is a bureaucracy
any large, complex organization run by appointed (or hired) officials
what are some independent/regulatory agencies
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
what are agencies
- single head
- head needs to be approved by senate
- head makes decisions over the behavior of the agency
what are committees
- workers nominated by president and approved by senate
- no leader
what are commissions
groups of people elected by the president for a term length
what is the federal reserve
- America’s Central Banking System
- Is COMPLETELY independent from the president
what does the federal reserve do
- Distributes money to banks
- Sets monetary policy
- creates tools to control inflation
- sets interest rates
- determines money supply
what is monetary policy
regulating the amount of money
- controlled by fed reserve
what is fiscal policy
budget, money that comes from taxes and is spent
what are the purposes of bureaucracies (3)
1) create policy (discretionary authority)
2) set standards (regulatory authority)
3) enforce laws
what is regulatory authority
power to create regulations, might involve making a law because its a creation of standards
what is discretionary authority
broader version of regulatory authority congress grants to bureaucratic agencies to make a law
- 85-90% is regulatory
what are FAQSPRTERS
Freedom
Arms
Quartering
Search and seizure
Protections of the accused
Rights to the accused
Trial by jury
Excessive
Rights enumerated
State rights
what is the exclusionary rule
illegally seized info may not be used against anybody
- sparked by mapp v. ohio
what are time-manner-place restrictions
Gov can restrict time, manner, and place of a protest if it disturbs others
what are the two types of speech exceptions to the 1st amendment
1) libel
2) slander
what is libel
written harmful and false speech
what is slander
spoken harmful and false speech
what is in the 14th amendment
- due process clause
- selective incorporation
what is selective incorporation
The application of the bill of rights to the states (3rd and 9th have not been incorporated into states)
where does selective incorporation come from
14th amendment due process clause
what are the right to privacy amendments
1, 3, 4, 5, 9
what is the voting rights act of 65
- prohibits voting discrimination based on race
what is the impact of the voting rights act of 65
- allows fed gov to intervene in state election procedures
what does section 5 of the voting rights act say
- 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
what is the civil rights act of 64
prohibits discrimination due to sexual orientation, race, and national origin
what is Title IX
legislation preventing discrimination in schools based on gender/sex
what is the 15th amendment
prohibits voting discrimination based on race, color, gender, etc
what is the 19th amendment
gives women right to vote
what is the 24th amendment
gets rid of poll tax
what is the 26th amendment
changes voting age to 18
what is affirmative action
the push to rectify and diversify institutions that aren’t diverse now
what happened + impact in engle v vitale
ny wanted to create school prayer; violates establishment clause
what happened + impact in roe v wade
women want right to abortion, right is given due to selective incorporation of right to privacy
impact of griswold v connecticut
selectively incorporates 1,3,4,5,9 amendments right to privacy
what happened + impact of gideon v wainwright
-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
what are the selective incorporation cases
- roe v wade
- gideon v wainwright
- griswold v connecticut
- mcdonald v chicago
- mapp v chicago
what happened + impact in shenck v us
- 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
what happened + impact in mcdonald v chicago
- heller v dc changed courts interpretation of 2nd amendment
- due process of 14th amendment applies 2nd amendment right to bear arms to states
what happened + impact of nyt v us
- 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
what happened + impact of brown v board of education
- 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
what happened + impact of yoder v wisconsin
- 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
what happened + impact of tinker v des moines
- 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
