U.2: AP Gov Exam - Studying Flashcards
Legislative Branch
MAKES LAWS
Article I
Congress (Senate + house)
Congress
Senate + House
House of Representatives
435 members
APPORTIONED by population - 1 per district
2-year terms
CLOSER to people + more members = more FORMAL debate
Senate
6-year terms
2 Per State (NOT based on population)
so - 100 TOTAL
House of Representatives (Structures, Powers, Functions)
led by Speaker
+ other members - Majority Leader, Minority Leader, Whip (rounds up votes + ensures party discipline - vote according to your platform, not personal beliefs)
Senate (Structures, Powers, Functions)
VP = Senate leader by default - this is only a ceremonial role
Majority Leader ACTUALLY leads the Senate Minority Leader, Whips collect votes
Standing Committee (Committee Types)
PERMANENT in the Senate, there for consideration of PARTICULAR SUBJECT AREAS
Select Committee (Committee Types)
congressional committee appointed to perform a specific function BEYOND the capacity of a standing Committee
Conference Committee (Committee Types)
a temporary, ad hoc panel composed of House and Senate conferees formed for the purpose of reconciling differences in legislation that has passed both chambers.
Conference committees are usually convened to resolve bicameral differences on major or controversial legislation.
House Rules
all bills in House must pass in order for debate rules to be considered
Closed Rule : more strict
Open Rule : less strict
Process of a Bill Becoming Law
any legislator introduces –> sent to committee & subcommittee (may be pidgeonholed AKA die in committee) –> full CHAMBER vote –> sent to other house, if different bill versions passed –> Conference Committee if needed –> 10 days for president to sign/veto until it becomes law (if a president doesn’t sign within these 10 days, it’s called a pocket veto)
Federal Spending
DISCRETIONARY: (ex: military)
MANDATORY: (REQUIRED by law ; ex: social security)
Gerrymandering:
state legislatures dividing districts to influence ELECTIONS
SHAW V RENO and BAKER V CARR
Shaw v Reno
it’s unlawful to gerrymander on the basis of race
Creating a district / gerrymandering in order to have a minority leader in a district — not allowed; it’s gerrymandering on the basis of race
Gerrymandering - drawing the boundaries for an ELECTORAL district
Fourteenth Amendment: violated the Equal Protections Clause (by gerrymandering based on RACE)
Baker v Carr
Redistricting is for STATE LEGISLATIVE DISTRICT LINES, not for ELECTORAL DISTRICTS like in Shaw v Reno
Asked the question : do federal courts have jurisdiction of state legislative apportionment?
Under the Fourteenth Amendment and the Equal Protections Clause
Moving from rural to cities caused populations in districts to be uneven
Charlie Baker said that this violated the Equal Protections Clause of the Fourteenth Amendment - in such an unfairly large district, his voice wasn’t heard at all/was drowned out, he thought
ruling: redistricting qualifies as a justiciable question under the equal protection clause of the Fourteenth Amendment, thus enabling federal courts to hear Fourteenth Amendment-based redistricting cases.
RULING: The Supreme Court decided in favor of Baker holding that the Federal courts have the authority to enforce the Fourteenth Amendment’s equal protection of the law against state officials if the state legislative districts are disproportionately populated
Joe Carr was the Secretary of the State of Tennessee
Redlining
banks refuse to loan to certain residents
Constituent Accountability
legislator is a DELEGATE (what the constituents want), a TRUSTEE (legislator’s judgement) or a POLITICO (mix of both)
Commander in Chief (Roles/Checks on Presidency)
Commander in Chief, BUT Congress declares war
War Powers Act
War Powers Act (Commander in Chief) (Roles/Checks on Presidency)
President must notify Congress within 48 hours of deploying troops, can stay 60 days w/o declaration
Chief Diplomat (Roles/Checks on Presidency)
appoints ambassadors/negotiates treaties WITH Senate confirmation
Executive Agreement
Executive Agreement (Chief Diplomat) (Roles/Checks on Presidency)
informal non-binding treaty
Appointing Judges (Roles/Checks on Presidency)
President can APPOINT SUPREME COURT JUDGES - but (check) Senate MUST confirm
serve life to avoid political pressure
Also appoints Cabinet Members who are more loyal to departments
Federalist 70 (Roles/Checks on Presidency)
Expansion of Powers
argues in favor of a UNITARY executive created by Article II of the United States Constitution
Relates to executive power and authority - one singular unitary executive
22nd Amendment (Roles/Checks on Presidency)
Only 2 terms of presidency! (Not 4, like FDR!)
Judicial Branch
INTERPRETS laws
Article III of the Constitution
Structure of the Federal Court System
91 District Courts, 13 Courts of Appeal, SUPREME COURT
Judicial Review
SCOTUS (Supreme Court of the United States) – SCOTUS power to DECLARE ACTIONS BY OTHER BRANCHES UNCONSTITUTIONAL
Federalist 78
Marbury v Madison
Federalist No. 78
Explains the process of Judicial Review
Says that federal courts have the power to decide if what congress is doing is constitutional or not
This is the supreme court’s most important power - the ability to interpret the constitution and, as such, strike down the actions of the actions of Congress, the president, and the states if those actions are deemed unconstitutional
Marbury v Madison
definitively established judicial review
( Again: This is the supreme court’s most important power - the ability to interpret the constitution and, as such, strike down the actions of the actions of Congresss, the president, and the states if those actions are deemed unconstitutional )
In this case, it was the unconstitutional act of Secretary of State (under President Jefferson) Madison - refusing to deliver commissions to the new appointees of the supreme court
Did this because he didn’t like President Adam’s Judiciary Act of 1801, which expanded judicial courts (added many more judges/justices etc) - so he was like … well! I just won’t send them their commissions teehee :^) and then marbury, who didn’t get one, was like i hate you…… ALSO!! that is UNCONSTITUTIONAL! and then the court AGREED to it established JUDICIAL REVIEW the end
For future cases - definitively established judicial review!!
Precedent / Stare Decisis
SCOTUS generally bases decisions on previous rulings BUT can choose not to
EXAMPLE: Brown v Board of Education decided NOT to have precedent / Stare decisis for Plessy v Fergeson, which decided “seperate but equal”. they instead decided to OVERTURN Plessy v Fergeson
Brown v Board of Education
Overturned the “separate but equal” doctrine of segregation
Does state-mandated racial segregation in public schools violate the Equal Protection Clause of the Fourteenth Amendment?
Does the “separate but equal” doctrine set by Plessy v Ferguson violate the fourteenth amendment?
Are “separate but equal” educational facilities consitututionally permissible?
Brown family vs. Board of Education
PRECEDENT / STARE DECISIS - did not go by the Precedent / stare decisis of Plessy v Fergeson (seperate but equal) - instead overturned it
Judicial Restraint
follow Constitution/Framers’ intent verbatim
Judicial activism
contemporary interpretation
Bureaucracy
Executive Branch
ENFORCES laws
Examples of Bureaucracy
Cabinet, Independent Regulatory Agencies, Independent Executive Agencies
Discretionary Authority
bureaucrats enforce laws as they see fit (Congressional Oversight)
Congressional Oversight (discretionary Authority)
can restrict funding of Congress
