the ap exam Flashcards
checks and balances
president → congress
- auth military action
- veto/sign legislation
- call special sessions
- exec orders/agreements to bypass legislation
checks and balances
judiciary → congress
- overturn laws (judicial review)
- majority opinions
- refuse to decide on a case (political question doctrine)
checks and balances
senate → house
- rejects house bills
checks and balances
house of reps → senate
- rejects senate bills
- initiate revenue bills
political question doctrine
that an issue is so politically charged the court refuses to hear the case/is not in the cts jurisdiction
checks and balances
congress → president
- override veto
- formal declaration of war
- power of the purse
- oversight: hearings, investigation, interview
- breaks electoral college tie
- legislate size, structure, scope, salary
- create jurisdiction
- legislation based on decisions
- propose amendments
checks and balances
senate → president
- confirms presidential appointments
- trial for impeachment
- votes on treaty
checks and balances
house → president
- removes justices
- confirms judicial appointees
checks and balances
judiciary → president
- overturn laws (judicial review)
- majority opinions
- refuse to decide on a case (political question doctrine)
checks and balances
president → judiciary
- appoint justices
- sue, prosecute, appeal
- amicus briefs & press conferences
- enforce/not enforce judicial decisions
- grant pardons or reprieves
amicus briefs
legal documents filed with the court by someone who is not in the case, bringing up important info or arguments for the court to consider
positions confirmed by congress?
- federal judges
- cabinet members
- ambassadors
- officers in independent agencies
- military services
- foreign service
- us attorneys
- us martials
executive expressed powers
listed in article 2
- take care clause
- vesting clause
- commander in cheif
- treaties clause
- state of the union clause
- receive ambassadors
take care clause
execute the law
executive implied powers
implied in article 2
- executive privilege
- executive orders
- executive agreements
executive inherent powers
- acquisition of new territory
- emergency powers
pressure on policy making branches
the revolving door (iron triangle)
congress, interest groups, and the bureaucracy have influence on presidential actions
pressure on policy making branches
legislative
- communication with committee/legislator
- testify at hearings
- provide data
- campaign contributions
- write speeches
- draft legislation
- logrolling
logrolling
exchanging favors by reciprocal voting for each others proposed legislation
pressure on policy making branches
executive
- provide info
- create congressional support
- aid in drafting regulations
- appointees
- constituent support
pressure on policy making branches
judicial
- litigate test cases
- amicus briefs
- pressure nominations
pressure on policy making branches
constituents
- grassroots, boycotts, rallies, events
targeted communication - fundraising
- endorsements
- propaganda
- electioneering and political advertising
iron triangle
permanent relationships between specific interest groups, congressional committees, and bureaucratic agencies
issue networks
temporary coalitions that include many linkage institutions and policy making institutions with the goal of accomplishing a specific policy goal
participatory democracy
- institutions are influenced by citizens directly
- small donors giving to candidates
pluralist democracy
- institutions influenced by nongovernmental groups
- interest groups and unions
elitist democracy
- institutions influenced by the wealthy and powerful
- corporations
arguments for regulation of campaign finance
- restricts free speech
- reduces corruption
- transparency
- reduces time on fundraising
arguments against regulation of campaign finance
- promotes free speech
- voters decide
1st
freedom of speech, religion, press
2nd
right to bear arms
3rd
quartering
4th
protection agnst unreasonable searches and seizures
5th
protection of life, liberty, property, no double jeopardy, protection agnst self incriminaton
6th
speedy, public trial, with jury of your peers
8th
protection agnst excessive bail and unusual punishment
9th
rights not listed in the constitution are assumed to the people
10th
rights not given to fed gov are given to states
7th
right to a jury trial in a civil case
11th
prohibits fed court from hearing certain lawsuits agnst states
12th
outlines how the president and vice president are to be elected
13th
abolishment of slavery
14th
equal protection under the constitution for all citizens
15yh
no voting discrimination
16th
income tax 🤩
17th
senate elected by popular vote
18th
prohibition of alcohol
19th
womens right to vote
20th
president term begins in january
21st
repeal prohibition
22nd
limits # of presidential terms
23rd
washington dc have a right to vote for the president
24th
no poll taxes
25th
vp becomes successor if something happens to the president
26th
18 voting age
27th
congress cannot increase their pay during a term
article 1
legislative branch
article 2
executive branch
article 3
judicial branch
article 4
relationship btwn states and natl gov
article 6
supremacy clause
regulation on campaigns
- federal election campaign act: limits donations; donations must be disclosed; voluntary public financing
- bipartisan campaign reform act: limitations on spending for fed elections (soft money loophole)
hard money
money spent for elections regulated under federal law; candidate, federal party, PAC spending
soft money
money spent for elections outside of federal regulation; money spent from 501c4s and other tax exempt non profit corps
superPAC
independent-expenditure group promoting a single candidate
- speechnow v. FEC 2010: disclosure, no limits, no coordination
dark money
money raised by non profit corps that is unregulated by the FEC
- no disclosure, no coordinating
unitary government
power/authority rests with the central government
confederation
power rests with state/regional governments
federal government
divided gov with power shared between central and state govs
delegated powers
powers of the national government
- raise an army & navy
- regulate commerce
- coin money
- declare war
- make creaties
concurrent powers
both governments
- levy taxes
- borrow money
- create court systems
reserved powers
powers of state governments
- police and fire
- est local governments
- conduct elections
- approve cotus amendments
dual federalism
relationship bwtn state and fed is distinct, work alongside each other with little interaction (layered cake)
cooperative federalism
both levels work together but take on their own roles (marble cake)
commerce clause
congress regulates interstate commerce
necessary and proper
elastic clause
provides implied powers to congress
supremacy clause
national laws are superior to state laws
grants in aid
federal gov $ → states for policies that are deemed important
categorical grants
for specific things ex. money for schools to spend on lunches
block grants
(preferred by states) money for general things ex. money for schools
argumentation frq
- do not write an intro or outro
- thesis is one sentence and do not include evidence!! only concepts
- do not say “I” → state as fact
- avoid direct quoting, besides well known quotes
- describe evidence 2-3 sentences
- write opposing viewpoint and explain why you are right
civil rights act 1957
est the office of civil rights to address discrimination in voter registrations
civil rights act 1964
equal application of voter registration rules
voting rights act 1965
no more literacy tests
trustee model
senate; votes based on own judgement
delegate model
house; votes representing constituents
politico
balances delegate and trustee models
redistricting
happens after a census to reallocate seating in the house → drawing of new boundaries
gerry mandering
redistricting to favor a candidate → majority minority districts, odd shapes, polarized congress
natural rights
life liberty and property
social contract
human kind surrenders most extreme rights to self preservation so they can enter into a common wealth to protect natural right
popular sovereignty
decisions are made about actions of the state via consent of the coverened
republicanism
the consent of the governed is expressed via regular elections
selective incorporation
only some rights apply to states
1,2,3,4,5,6,7,8
mcculloch v. maryland
→ states cannot tax a federal institution; est supremacy of the constitution: fed > state
us v. lopez
→ congress cant use the commerce clause to make possession of a gun in a school zone a federal crime
engel v. vitale
→ school sponsorship of religious activities violated the establishment clause in the 1st amendment
wisconsin v. yoder
→ compelling amish students to attend school past 8th violates the free exercise clause of the 1st
tinker v des moines
→ students have a right to peacefully protest under the 1st amendment
new york times co v. us
→ est “heavy presumption against prior restraint” even when involving national security; slay freedom of the press
schenck v. us
→ speech creating a clear and present danger is not protected by the 1st
gideon v wainwright
→ guaranteed the right to an attorney for the poor/indigent
mcdonald v. chicago
→ the 2nd (for self defense) is applicable to states
brown v. board
→ overturned plessy; race based segregation violates equal protection clause of the 14th; separate is inherently unequal
citizens united v. federal election commission
→ political spending by corporations, assoc, and labor unions is protected under free speech
baker v. carr
→ challenges to redistricting are not “political questions”; cts won’t hear it
shaw v. reno
→ redistricting must be conscious of race under the voting rights act of 1965
marbury v. madison
→ est judicial review
fed 10
- strong united republic better for combatting factions
- more representatives = more opinions
brutus 1
- big fed gov means people get less rights
- bill of rights ✅
- no free republic bc us too big
- judiciary will broaden gov power
declaration of independence
- life, liberty, and property
- is the gov doesnt protect then the people can destroy
articles of confederation
- cant tax, no president or judiciary, states have more power, unicameral legislation
constitution
- outlines fed gov: 3 branches with checks and balances
bill of rights
1-8 individual rights
9 not listed go to the people
10 powers given to teh states
13,14,15,17,19,22,24,26 expansion of peoples righst
fed 51
- proposes 3 branches that have checks and balances
- legislative branch bicameral for equal representation
fed 70
- one executive with energy and safety (descision, activity, secrecy, dispatch)
- quick thinking, decisive; in office for long enough for stability
fed 78
- judiciary is the weakest branch
- lifetime appointments to resist encroachments from legislature
letter from a birmingham jail
- the oppressed need to take action or else nothing will be done
- unjust laws arent actually laws
- movement will be successful
- disappointed by the white moderates
fighting words
speech that is likely to bring about public disorder or chaos; scotus has held that this speech may be banned in public places to ensure the preservation of public order
lemon test
must not be in support of religious purposes
cannot advance or spread a religion
cannot entangle separation of church and state
prior restraint
a form of censorship by the government whereby it blocks the publication of news stories viewed as libelous or harmful BEFORE they are published
symbolic speech
nonverbal “speech” in the form of an action as picketing, flag burning, or wearing an armband to signify a protest
time, place, and manner restrictions
regulations regarding when, where, or how expression may occur; must be content neutral
heightened scrutiny test (intermediate scrutiny test)
sex-based discrimination legal if is SUBSTANTIALLY RELATED to the ACHIEVEMENT of an IMPORTANT public interest.
ordinary scrutiny test (rational basis test)
sex-based discrimination legal if REASONABLE and for a LEGITIMATE public interest.
strict scrutiny test
legal if NECESSARY to achieve a COMPELLING public interest
truncated gov
the situation that exists when one chamber of congress is controlled by the same party that controls the White House, while the other chamber is controlled by the other party
republicans
white, male, college, upper class, business owners, religious
- small gov
- less social welfare
- traditional roles
- pro life
democrats
black, women, young, no edu/working class, minorities
- big gov
- pro healthcare
- pro choice
- immigrants
- rights
501c4s
nonprofit organizations operated exclusively for the promotion of social welfare, including lobbying or engaging in political campaigning
527
a tax-exempt group that raises money for political activities, much like those allowed under the soft money loophole
super PACs
political organizations that use contributions from individuals, corporations, and labor unions to spend unlimited sums independent from the campaigns, yet influencing the outcomes of elections
→ AVOID LIMITATIONS BY CLASSIFYING AS NONPROFITS
exit polls
Exit polls are frequently used to predict winners of elections.
pork barrel legislation
the appropriation of government funds for local projects that serve a representative’s own constituents
