Semester 1 complete review Flashcards
Federalist no. 10
- Factions are bad
- Majority factions are bad
- Wanted large republic w/ many factions
Federalist no. 70
- executive branch
- the executive branch must have the ability to act and respond quickly
- THINK ABOUT 70=PAST 3 PRESIDENTS AGE
Federalist no. 78
- judicial branch
- independent judiciary
1. lifetime appointments
2. not elected by the people
Art. 1
- establishes congresses powers+limits
- senate + the house
- legislative
Brutus No. 1
- antifederalist
- more power to the states
“letter from birmingham jail”
- not radical or extreme
- to bring attention to an unfair law
- civil disobedience (its ok to break bad laws non-violently)
Art. II
- established the executive branch’s powers + limits
- formal and informal powers
Art. V
- how to amend the constitution
1. 2/3 of congress (house, senate)
2. 3/4 of the states must ratify
A1.S8.C3 “commerce clause”
Congress can regulate trade between the states
A1.S8.C18 “necessary and proper clause”
congress can do whatever necessary to do its functions
A6.C1 supremacy clause
constitution is supreme over state constitutions and state laws
3A
No soldier can be quartered (quartering act)
4A
search and seizure
5A
self-incrimination clause (pleading the 5th) and other stuff
6A
right to counsel
7A
trial by jury in civil cases
8A
free of excessive bail and punishments
9A
we have more rights than the ones written here
10A
states retain powers not given to the nat’l gov’t
13A
abolished slavery
14A
- citizenship clause (people born are citizens)
- due process (states cant take l,l,p w/o due process) Selective incorporation
- equal protections clause must treat cit. equal
15A
voting cannot be denied based on race
17A
Seventeen= senate (direct elections, replacing state legislatures, appointing them)
22A
22= 2 terms for potus
24A
Abolished poll taxes
McCulloch v. Maryland (1819)
- BUS constitution
Schenck v. united states (1919)
- Schenk sent out letters to try to stop men from enlisting into the draft
- “clear and present” danger established (no longer applies)
- impeeded gov’t actions
brown v board of ed. Topeka (1954)
- stated that separating children based on race was unconstitutional
baker v Carr (1962)
- TNs congressional districts were uneven
- SCOTUS strikes down TNs lines
engel v vitale (1962)
- enforced prayer on students before school
gideon v wainwright (1963)
- Gideon couldnt afford a lawyer so he studied law thought he was entitled to a lawyer
- all cases you can be provided a lawyer –> selectively incorporated
tinker v. Des Moines Independent Community School District (1969)
- is symbolic speech protected under the 1A?
- students wore armbands to school and the district didn’t like it
NY times co. v. United States (1971)
- The executive branch tried to suppress a story coming out about sensitive gov’t topics
*NY leaked the sensitive info - The executive branch tried to suppress BEFORE it got out, before RESTRAINT
- FREE PRESS
Wisconsin v Yoder (1972)
- Amish parents refused to send their kids to school past 8th grade
- schools wanted till 16
- can’t force kids to go to school when impacts religious beliefs
- FREE EXERCISE CLAUSE
Shaw v. Reno (1993)
- NC had racially gerrymandered an interstate highway
- along the interstate was heavily black population
- made racial gerrymandering unconstitutional
- 14A equal protections clause
United States v. Lopez (1995)
- Lopez brought a gun to school to sell it
- struck down the congress law that forbade guns on school grounds
- not interstate commerce
McDonald v. Chicago (2010)
- cant own a gun, passed a law banning owning guns
- violated right to bear arms
- sided with McDonald
- due process clause of the 14A ( most important)
participatory theory
- citizens can participate in government
pluralist theory
- power is shared between groups
elitist theory
The theory suggests that the wealthy members of American society hold a degree of power
constitutional republic
- executive and representatives are elected, and the rules are set down in a written constitution.
habeas corpus
- someone who is arrested is required to be brought before a judge
shay’s rebellion
- a rebellion with farmers whom
comprimise on importation
prevented Congress from outlawing the importation of slaves until 1808.
federalism
- strong central government, two levels of government
necessary and proper (elastic clause)
enables Congress to pass special laws to require other departments of the government to prosecute or adjudicate particular claims
great (Connecticut) compromise
agreement reached during the Constitutional Convention of 1787 that in part defined the legislative structure and representation each state would have under the United States Constitution.
confederal system
States have more power
executive powers
Weak or loose organization of states agrees to follow a powerful central government.
delegated powers
powers reserved for the fed’l government
pork barrel spending
government spending for localized projects secured solely or primarily to direct expenditures to a representative’s district.
logrolling
exchanging favors
malapportionment
malapportionment is the creation of electoral districts with divergent ratios of voters to representatives
delegate role
represent the intrests of a united states territory and its citizens or nationals
politico role
takes into account the intrests of the political party
pendleton act
established that government jobs should be awarded based on merit rather than political affiliation
beureaucracy
a system of government in which most of the important decisions are made by state officials rather than by elected representatives
beurocrat
a career governmental employee
political patronage
practice in which a political party, after winning an election, gives government jobs to its supporters,
double jeopardy
when someone is tried for the same offence twice
legal segregation
de jure and de facto segregation
de jure segregation
Segregation based upon the law
de facto segregation
Segregation based upon people’s views rather than law
civil rights act of 1964
prohibits discrimination on the basis of race, color, religion, sex or national origin
voting rights act of 1965
outlawed discriminatory voting practices
Federalist No.51
- separation of powers (make sure no branch has too much power)
- checks and balances (each branch has checks over the other branches)
- federalism ( two tiers: nat’l > state, each with their own powers)
- THINK ABOUT SENATE= 50+1 MAJORITY
Art. I
- Establishes congresses powers and limits
- legaslative
- senate and the house
Art. III
- Establishes the judicial branch
- the courts + Scotus
- Formal and informal powers
1A
Freedom of speech, press, free exercise
2A
right to bear arms
ex post facto law
law that imposes criminal liability or increases criminal punishment retroactively.
Virginia plan
Drafted by James Madison, and presented by Edmund Randolph to the Constitutional Convention on May 29, 1787, the Virginia Plan proposed a strong central government composed of three branches: legislative, executive, and judicial.
New Jersey plan
Proposal at the Constitutional Convention made by William Paterson of New Jersey for a central government with a single-house legislature in which each state would be represented equally.
implied powers
not written in the constitution, but those rights are give, for ex. privacy
Federalists
working towards stronger centralized government for the control of the country
unitary system
one level of authority
faction
ex. minority, majority
republic
unicameral
one chamber
bicameral
two chambers
constitutional convention
made a new form of government from AOC to constitution
bill of rights
added clarification of citizens rights, partially to satisfy the anti-federalists
amendment
A change or adition to the rights the people have
House of representatives
- 436 reps.
*for the people in their districts - population based
- more rigid rules
Senate
- 100 senators
*represents the states - less rigid rules
Earmarks
presidents space to add any notes/ questions about the bill
House of rep positions
- speaker
- majority leader
- majority whip- learns how congresspersons intend to vote and perhaps convinces them in a certain way
- minority leader- organizes the minority party in resistance
Senate positions
- speaker
- majority leader
- majority whip- learns how congresspersons intend to vote and perhaps convinces them in a certain way
- minority leader- organizes the minority party in resistance
filibuster
*Talk as long as a senator wants
*can talk about anything,
* nothing can get done
cloture
- ends a filibuster
- leads to an immediate vote on bill/ topic
Mandatory spending
- must spend
- for ex. social security
discretionary spending
- can choose to keep funding a specific topic
- for ex. (military, education)
budget surplus
A budget surplus occurs when a government’s revenue exceeds its expenditures over a specific period, typically a fiscal year.
Bill of attainder
- punishing someone without fair trial
- NOT ALLOWED
incumbent
a person currently holding office
constituency
a body of voters in a specific who elect a representative
incumbency advantage
incumbency advantage refers to the benefits that current officeholders have over challengers in the election
trustee
influences elected officials by encouraging to use their judgement
bipartisanship
two parties work together
gridlock
when the two parties cant pass laws satisfying the needs of the people
treaty
veto
president blocks a bill therefore
pocket veto
- the president doesn’t sign or veto the law
- sits on the presidents desk for 10 days then becomes law
presidential pardon
the president forgives a person of the crime they commited and established good conduct
executive priveledge
The right of the president to keep confidential certain communications from subpoenas and other oversight measures
executive agreeement
Signing statement
Presidential signing statements are official pronouncements issued by the President of the United States at or near the time a bill is signed into law.Nov 26,
executive order
- the president makes a constitutional order which lasts the length of the term
- must be followed for the length of the term until new president comes into power
war powers resolution
The War Powers Resolution requires the president to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days,
impeachment
Impeachment is the process of bringing charges against a government official for wrongdoing. A trial may be held, and the official may be removed from office.
