US History Flashcards

1
Q

What is “state of nature?”

A

Enlightenment idea: a hypothetical state of humanity where there’s no government or societal rules.
This idea was used to decide what our natural rights are - humans need food, clothing, shelter, staying alive (so government can’t interfere with people’s efforts to obtain them)

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2
Q

What were Thomas Hobbes views?

A

He believed that the state of nature was a war against all
Natural rights = survival above all (no importance on quality of life)

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3
Q

What were John Locke’s views?

A

Rejects Divine King
Religious tolerance, government by consent
State of Nature = peaceful & filled with rational humans
Quality of life is to be protected - Liberty & Property (natural rights)
Limited Government Control

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4
Q

Enlightenment Ideas about Government

A

Individualism, equality, liberty, rights of property, & freedom of religion
Government by consent
Representative Democracy
Constitionalism

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5
Q

Social Contract Theory

A

An Agreement between people and the government
Citizens consent to being governed as long as the government protects their natural rights
Based on the idea that society is created by people (not God) in order to resolve their problems
People don’t serve society - but they must make sacrifices in order to cooperate towards a shared goal

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6
Q

What is in a Social Contract

A

A definition of human nature
Specifies natural rights to be protected
Describes the shared interests of citizens
It is democracy - government must honor the people’s rights

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7
Q

What’s required for social contracts to work?

A

people must all be in agreement (If they aren’t - rights of some people are denied for the benefit of others = inequality = breakdown of society)
It must reflect who people are what they want to do
implies that all humans have the same abilities and purposes

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8
Q

What are natural rights?

A

God-given rights to life, liberty, and property - cannot be taken away by government
Based on state of nature reasoning
Hobbes: physical security/survival
Locke: Quality of life

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9
Q

Due Process

A

Requirement that the government, when dealing with people, has a fair procedure that applies equally to all

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10
Q

Chamber

A

One of the houses of legislature
In the US, congress has two chambers - House of Reps & the Senate
They can check each other - balance the power

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11
Q

Declaration of Independence

A

The original document, authored principally by Thomas Jefferson
It birthed the United states and started the Revolutionary War
It lists important natural rights and grievances against the king of England
It declares Independence
It did not create any sort of structure for the new government - that’s why they needed the Articles of Confederation

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12
Q

Bill of Rights

A

The first 10 amendments to the US Constitution
It was ratified in 1791
It lists the citizens’ civil liberties and civil rights

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13
Q

Sovereignty

A

The principle that a government has the authority to manage its political affairs within its own geographical boundaries

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14
Q

Bicameral Legislature

A

A lawmaking body in the legislative branch
Consists of two separate chamber or two separately elected groups of officials (such as senators and representatives)
Also includes the separation of the legislative, executive, and judicial powers

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15
Q

Legislature

A

The official lawmaking body of a government

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16
Q

Habeas Corpus

A

Means in latin “Show me the Body”
This is the right for a jailed citizen to appear before a judge to hear about a criminal charge
Prohibits imprisoning people without due process of law

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17
Q

Enumerated Rights

A

Rights given to the federal government by the Constitution (Article I, Section 8)
Gives them the right to:
Regulate the interstate and foreign commerce,
Raise and support armies
Declare war
Coin money
Conduct foreign affairs

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18
Q

Ratification

A

Approval or confirmation

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19
Q

Direct Democracy

A

A form of democracy where people participate personally in making government decisions
Instead of choosing representatives to do this for them
Requires too much sacrifice for ordinary people

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20
Q

Enlightenment

A

A period of Western European history following the middle ages
The source of people’s ideas about natural rights

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21
Q

Political Spectrum

A

A way to classify political ideologies
The american political spectrum is
Primarily Liberalism (left) & Conservatism (right)
Scale - how much government control is wanted

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22
Q

How the Constitution incorporates Montesquieu’s views

A

Divided political power in government (3 branches) - lessens impact of popular will
Created the Bicameral Legislature (2 chambers in Congress)
Created a group of Presidential electors (voters) for president
Constitution undermines the sovereignty of the states (has a list of enumerated rights which gives Congress lots of power)
Constitution was not concerend with protecting natural rights - except for Habeas corpus

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23
Q

What were Montesquieu’s views?

A

Less Democratic & Less Individual Liberty & Less Power with the People
Argued for Representative Gov. (not direct democracy)

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24
Q

Bill of Rights

A

The first 10 Amendments to the Constitution
It was created because the anti-federalists didn’t like how anti-democratic (gave government more power than people) the constitution was, so they refused to approve the constitution unless these amendments were added
The Amendments were statements of natural rights to be protected by a series of constitutional amendments

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25
How did Locke's Ideas influence the Bill of Rights
The Bill of Rights protects the people’s consciences & right for political participation It adds that citizens can claim additional natural rights when they see fit
26
How did Montesquieu's Ideas influence the Bill of Rights
They said that due process is vital But a person’s rights can be violated if due process is followed
27
Articles of Confederation
The first attempt at organizing the government Consisted of a unicameral (one chamber) congress It did not permit Congress to tax, regulate foreign or interstate commerce, or enforce its laws It failed as it formed an alliance of sovereign states with too weak a national government
28
Purpose of the Articles of Confederation
Create the national government so that it could borrow money/negotiate treaties/etc. while America was going to war with Great Britain It was made to protect state soveriegnty and prevent the national government from getting too big & powerful
29
Shay's Rebellion
Farmers had an insurrection to cancel their debts The government was so weak that they could not stop the insurrection This prompted people to recognize that the Articles of Confederation needed to change Had to be addressed at the Constitutional Convention
30
Political Ideologies
Philosophies about the structure, power, and purpose of government American political ideologies include Progressive, Liberal, Moderate, Independent, Conservative, and Libertarian
31
Delegates
People given the authority to make decisions on the behalf of a group
32
Bicameral Legislature
A legislative branch that consists of two separate chamber or two separately elected groups of officials Such as senators and representatives Bi = 2 Camera = chamber
33
Powers of Congress (ambassadors & treatise) under the Articles of Confederation
Exchange ambassadors and make treaties with foreign governments & native peoples (But without a national military it couldn’t provide assistance to other nations)
34
Powers of Congress (Trade with Foreign Nations) under the Articles of Confederation
They could Regulate trade with foreign nations Native Americans were also considered foreign Foreign nations were forming trade agreements with individual states - government could not tax or regulate Britain began to import lots of untaxed goods into the US Became difficult to sell American Made goods Government could have regulated this Led to Weak Economy
35
Powers of Congress (Declaring War) under the Articles of Confederation
But there was no national military to draw soldiers from Each state had their own miliitia - but they could choose to not send solider if they wanted It made the US look weak But they could appoint senior officials
36
Powers of Congress (Currency) under the Articles of Confederation
Coin currency and borrow money But it still relied on states for enough money to cover debts and back loans
37
Powers of Congress (Managing States) under the Articles of Confederation
Settle disputes between states Such as boundary disputes
38
All the Powers of Congress under Articles of Confederation
Exchange Ambassadors & make treatise with foreign governments & native people Regulate trade with foreign nations Declare War Coin currency & borrow money Settle Disputes between States
39
Were there branches of government under A. O. C.
Only Congress (Legislative). No executive or judicial branches.
40
Could the Government tax the US citizens under the AOC?
No The currency of the US was discredited by foreign countries - which made its value drop Foreign countries didn’t want to lend money or trade goods Government was underfunded
41
Could the Government enforce its powers under the AOC?
Enforcement of its powers was a problem Only states could tax people - so government had to ask them for money Had to ask states to provide soldiers for war States were not always willing to do these thigns
42
What was required to change the AOC?
There needed to be a unanimous vote of 13 out of 13 from the states
43
How did Britain hold too much power under the AOC
They could form individual relationships with states Refuse to accept US currency and repay US debts They could pressure states in the west through its occupation fo bordering land
44
What was the point of the New Jersey & Virginia Plans?
They were trying to come up with ways to fix the government after the Articles of Confederation - needed a more structured Government
45
Order of American Documents
Declaration of Independence (1776) Articles of Confederation (1777) Constitutional Convention/Virginia Plan (1787) Constitution of US (1787) 12 Amendments of Constitution (1789) - 10 of these became the Bill of Rights Bill of Rights (1791)
46
New Jersey Plan
Small States Plan Unicameral (1 legislative house) Executive Appointment Role of national Government - Provides defense but does not override state authority Equal representation from states - 1 Rep/vote per state Kind of wanted to maintain the structure of the Articles of Confederation Believed that states should keep the power to address citizen’s needs
47
Virginia Plan
Large States Plan Bicameral (2 legislative houses) Role of national government - Legislate for states and can veto state law Proportional Representation from states Number of Reps/votes is proportional to state size President could still be removed if state governors allowed it Believed that there could be effective representation for citizens at the national level
48
Bicameral Legislature
A lawmaking body in the legislative branch that consists of two separate chambers or two separately elected groups of officials Such as senators and representatives
49
Unicameral Legislature
A lawmaking body in the legislative branch that consists of only one chamber
50
Popular Vote
The outcome of a democratic election in which all qualified voters are eligible to participate The winner is the person with the largest number of votes
51
Lower Chamber
The larger of the two chambers in a bicameral legislature House of Representatives Candidates elected by popular vote Based on state size
52
Upper Chamber
Smaller of the two chambers in bicameral legislature The Senate Candidates proposed by the state legislature - selected by the representatives in the lower chamber 2 senators per state
53
Constitutional Convention
It happened because they needed to address the issues and weaknesses created by the articles of Confederation - they were clearly not working They decided to create an entirely new government - needed compromises
54
What is the Great Compromise (at Constitutional Convention)
Combined ideas of NJ and VA plans Congress would be a bicameral legislature Senate would have equal number of representatives from each state 2 senators per state - appointed by state legislature - 6 year terms House of Reps would have a number proportional to the state’s population Reps would be elected through popular vote Limited to 2 years in officer
55
New Powers of Government under the Constitution
Congress now has power to tax, maintain an army/navy, and regulate trade and commerce The legislative branch can now coin & borrow money, grant patents & copyrights, declare war, and establish laws regulating naturalization and bankruptcy All bills to raise revenue begin the House of Reps
56
Under the Constitution, how are laws passed?
Laws have to pass through both the House & Senate by majority vote before gong to the president to be signed into law
57
What is no taxation without representation under the Constitution?
Only Individuals elected by the voters to represent them could impose taxes upon them No taxation without representation
58
Three-Fifths Compromise
During the creation of the US Constitution, an agreement made between Northern & Southern States that required counting all of a state’s free population and 60% of its enslaved population for the twin purposes of federal taxation and representation in Congress The south needed more seats in the House of Reps - so they wanted to count their slaves as part of their population The north didn’t think that the Southern states Reps would accurately represent the enslaved population’s interests
59
Veto
Power of a president to reject a law passed by Congress But it can still be sent back to Congress & if it passes again with ⅔ majority, then it is passed into law anyways
60
Separation of Powers
In the united states, the three branches of government are legislative (House & Senate), executive (President & Vice President), and judicial (Supreme Court)
61
Federal System
Form of government in which power is divided between state government and a national government But Article IV saws that the Constituion, laws passed by Congress, and treaties made by the federal government were the supreme Law of the Land, and if there was a conflict between the states and national government, the national government would triumph
62
Enumerated Powers
Powers given explicitly to the federal government by the Constitution in Article I, Section 8; the powers to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, conduct foreign affairs, and make laws regulating the nationalization of immigrants Article I provided for the expansion of congressional powers if needed - “necessary and proper” clause Constitution also gave the fed government control over all territory or property belonging to the US
63
Reserved Powers
Any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government as outlined in the 10th amendment Marriage laws, interstate commerce Both states have chief executives to enforce the laws (president & governors), and a system of courts
64
Arguments for a Strong Central Government
If the country didn’t have an army/navy, they couldn’t defend itself against European powers If they couldn’t tax/regulate trade, the government wouldn’t have enough money to..... maintain national defense, protect american manufacturers/farmers from foreign competition, create the infrustrastructure necessary for interstate commerce/communications Maintain foreign embassies Or pay federal judges and other government officials If they didn’t tax the US citizens... Other countries wold be reluctant to loan money to the US
65
What does Artice IV of the Constitution require regarding slaves
Required states to return fugitives to the states where they were changed with crimes Also prevented slaves from gaining freedom by escaping to free states
66
Federalist Arguments
Supported the Constitution - to replace Articles of Confederation Wanted a strong national government to provide for order, national defense, economic growth - Could create a national currency Could regulate trade & place tariffs on imports - protect american merchants Could collect taxes to fund internal improvements A lot of wealthy elites (landowners, businessmen, military officials) Included alexander hamilton and James Madison Worried about Shay’s rebellion Wanted to keep the victory from Revolution war Needed to keep defending themselves
67
Antifederalist Arguments
Opposed the Constitution They feared an overly powerful national government that would be too king like Thought that the states would be better at protecting the rights of the people Wanted small, landowning farmers of average wealth to have more power Included Patrick Henry Afraid that the supreme federal court would be too far for citizens So they created federal courts in each of the states Felt that the Constitution did not guarantee protection of individual liberties Led to many opponents demanding a bill of rights - refusing to ratify the constitution without one The promise of a bill of rights persuaded many states Afraid of financial problems That the government would demand taxes be paid by people who couldn’t afford to That the tariffs on foreign goods would make American products less welcome abroad Anti-federalist ideas were strong in the south & New York Thought that in order for this to work - people would have to have shared morals/interests - but with such a large nation - that would be impossible
68
Political Ideologies
A consistent philosophy about the structure, power, and purpose of government American political ideologies include - progressive, liberal, moderate, independent, conservative, and libertarian
69
Ratification
The action of signing or otherwise officially approving a treaty, contract, or agreement, making it legally valid
70
Republic
A system of government in which political power is held by the people through their ability to elect representatives who make laws on their behalf
71
Levy
To demand payment of a tax
72
What were the Federalist Papers?
Series of 85 essays written and published by Alexander Hamilton, James Madison, and John Jay Argued for strong national government & to ratify the constitution Helped convince many states to support the Constitution Needed 9 out of 13 states in order to ratify
73
What did Federalist Essay #10 Say?
Elected representatives would prevent the dangers of factions (group that demands something from government) Anti-federalists were afraid that the wealthy elites would become a faction that was dominating the government Federalists wrote paper #10 saying… Factions wouldn’t arise because the diversity existed in the country was so large that it would not allow for the development of large political interest groups Having a representative government would be the best way to control against the harmful effects of factions
74
What did Federalist Essay #51 say?
Separation of powers and checks and balances would keep the national government from abusing its power Power would be divided between national & state governments And national government was divided - checks and balances James Madison used #51 to explain that this would not happen because of the checks and balances & separation of powers
75
Faction
Interest groups, group of people who demand something from the government at the expense of everybody else Interest groups - people who gather to petition the government for their special concerns
76
What is the legislative branch?
Congress - House of Reps & Senate Makes the laws Regulates international trade & commerce between the states Power to declare war on foreign countries Approves Treaties If electoral college can’t provide a presidential candidate, the House of Reps chooses
77
What "checks" does the Legislative Branch (Congress) have over the Executive Branch?
Can impeach/remove president Can override vetoes Can refuse to pass laws executive wants Can refuse to appropriate funds for executive programs
78
What "checks" does the Legislative Branch (Congress) have over the Judicial Branch?
Can impeach & remove judges Can reject judicial nominees Can change the federal court system by adding/taking away courts Can change jurisdiction of federal courts Can pass new laws that override supreme court decisions - unless they’re based on the Constitution Can propose amendments to the Constitution Controls what cases they can/can’t hear
79
Executive Branch
Consists of the President, vice president, and the bureaucracy (agencies that carry out the programs of the national government) What president does Responsible for foreign affairs - is chief diplomat Nominates ambassadors and other foreign policy officials (but must be approved by the Senate) Oversees negotiating treaties that must be approved by the Senate Ceremonial Functions Grants Pardons - with no limits Must report to Congress each year on the state of the union Executing the laws Preserve, protect, and defend the Constitution
80
What Checks the Executive Branch has over the Legislative Branch
Can veto congress’s laws Call congress into special session Vice president can break ties in the senate
81
What Checks the Executive Branch has over the Judicial Branch
Nominates federal court judges Can pardon people convicted by the court Can refuse to carry out court decisions
82
The Judicial Branch
he Courts - Supreme courts There’s a full system of national courts to deals with national laws including both criminal cases and civil issues Conflicts over contracts, how laws are enforced, etc. Interprets the law Judicial Review The power to invalidate an act of Congress if it violates the Constitution Weakest branch - with the fewest checks on the other branches Judges serve during times of “good behavior” - can't be threatened with firing Lifetime sentences - unless removed through impeachment
83
What Checks the Judicial Branch has over the Legislative (Congress) Branch
Declare the laws they made unconstitutional Presides over impeachment trials in the Senate
84
What Checks the Judicial Branch has over the Executive Branch
Declare president’s acts unconstitutional
85
Bureaucracy
The complex organization of government departments and agencies that carry out the programs and enforce the laws of the national government
86
Checks & Balances: Making & Interpreting Laws
Laws go through Congress They must pass through both House of Reps & Senate Senate = represents the states House = represents the people They are signed by the president (or they can veto), Congress can override a veto (with ⅔ majority in both House of Reps & Senate) Laws passed by Congress may undergo judicial review by the judiciary Courts can overturn laws if they decide that it’s unconstitutional Courts can also interpret laws in a way that ensures they are Constitutional Can change the way laws are executed - by executive branch
87
Checks & Balances: Foreign Policy
President can negotiate treaties But must be approved by ⅔ Senate President can sign executive agreements with foreign leaders - not treaties Congress can limit effectiveness of agreements if they require funding Courts can make sure the agreement doesn’t violate the Constitution Only Congress can declare war But as commander in chief, the president can order troops into combat
88
Checks & Balances: Nominations
President nominates justices of the Supreme Court & judges of lower courts But they must receive approval by the Senate President nominates people for positions in executive branch and foreign ambassadors But must be approved by a majority vote in the Senate Judges rule during times of good behavior So it’s difficult to pressure them to make a particular decision - can’t be threatened with firing They are only removed in majority of House & senate vote to Impeachment protects against judiciary members having too much control
89
Checks & Balances: Executive Orders
President can direct agencies to administer laws in particular ways - He can affect the administration of laws passed by Congress with executive orders Executive orders can also be used if Congress doesn’t act on legislation that the president wanted Congress can refuse funding for executive orders Executive orders can be challenged in the courts and declared unconstitutional
90
Checks & Balances: Budget
Congress passes budgetary bills & the president signs them Congress authorizes the spending of various activities and sets funding levels for the national government Congress can refuse to fund executive orders, agreements, or anything the president wants to do President has to prepare a budget every year
91
Impeachment
A process of removing government officials suspected of high crimes and misdemeanors Including judges and even the president Requires a majority vote in the house on articles of impeachment and the support of ⅔ Senate for conviction & removal
92
Executive Orders
A written order to a government agency issued by a president in the absence of congressional action to pursue a particular course of action Generally such an order changes an existing law and can be challenged through the courts
93
Bill of Attainder
An act of legislature Such as congress declaring a person guilty of a crime and punishment that person without a trial The US Constitution prohibits Congress from passing any bills of attainder
94
Federalism
An arrangement that creates two autonomous levels of government - each possessing the ability to act directly on behalf of the people with the authority granted to it by the national Constitution
95
Federalism: 2 Levels of Government
National Whole country matters State Education, healthcare, public safety, other public services (which are enhanced by federal government’s financial assistance)
96
Federalism: Constitution
A written national constitution that cannot be changed without the consent of the subnational governments The Amendments (changes) required ⅔ of both houses of Congress & ¾ of the states
97
Federalism: Powers from Constitution
The constitution give legislative, judicial, and executive authority to the two levels of government in a way that guarantees each level some degree of independence from the other Executive - President & Governor Legislative - Congress & State legislature Judicial - National Courts & State Courts
98
Federalism: Role of National Courts
National Courts commonly resolve disputes between levels and departments of government National & State conflicts are settled in federal courts
99
Federalism: State representation in Legislative Branch
Subnational Governments are also represented in the upper house of the national legislature - allowing regional interests to influence national lawmaking US Senate represents all 50 states (2 senators per state)
100
Unitary & Confederation Types of Government
Unitary Power is concentrated within the central government Local governments’ power can be retracted at any time Fed Gov controls local gov spending There can be division of power Confederation Authority is decentralized Central government’s ability to act depends on the consent of the subnational governments What the government was under the Articles of Confederation Federalism Works best in countries that are large & diverse
101
Did the Constitution list the powers of the states
It lists the national government’s abilities & (enumerated) powers It didn’t originally list the powers of the states - but the states demanded that amendments be made to identify the reserved powers of the states 10th Amendment: powers not delegated to the national government, nor prohibited by it to the states, are reserved to the states or to the people But this didn’t really happen: Fed government also engaged in administering healthcare, safety, income security, education, and welfare to state residents Not there’s lots of shared & overlapping powers
102
What is the Elastic Clause in the Constitution?
There’s an Elastic Clause (necessary and proper clause) which allows Congress to make new laws for carrying out the Constitution Allowed the national government to expand its authority beyond what’s specified in the Constitution
103
What are the restrictions of fed & state power in the Constitution
Prevents actions that affect personal liberties (by national government) - Cannot eliminate write of habeas corpus (person in custody can petition a judge to decide if their detention is legal) Government cannot pass a bill of attainder (declaring someone guilty without a trail) Gov cannot enact an ex post facto law (criminalizes an act after it has already been committed) Prevents states from - Entering into treaties with other countries Coining money Taxing imports & exports No eliminating habeas corpus, passing bills of attainder, or enacting ex post facto laws Cannot deny citizens the rights they have under the Constitution, due process law, or the equal protection of the laws
104
Supremacy Clause in the Constitution
Says that the Constitution & the federal law are the Supreme law of the land Have one body of law that unites the country
105
Pros of Federalism
When 1 state finds a solution to a problem, other states can copy them & use the solution States can create more laws regarding their individual needs (a farming state = more farming laws) National Gov can pass a basic program for the whole country & states can add to the program if they decide to Power is divided - harder for one group to take over the government Individual people can interact with both state & national officials (but state officials are closer)
106
Cons of Federalism
Can be inefficient - requires cooperation between state & fed governments 1 State’s problems can affect another (pollution in a river) Each state has to have many departments (education, transportation, medicaid, unemployment, etc.) This can be costly for states Not all US citizens are treated the same - different opportunities varying by state
107
What are the 7 Congressional Powers
Tax Citizens Set the Budget Regulate Commerce Declare War Provide Advice and Consent on Judicial Appointments Impeach Individuals Oversee the Powers of the Judicial and Executive Branches
108
3 Types of Congressional Powers
Enumerated Implied Inherent
109
Congress's Enumerated Powers
Levy & Collect Taxes Declare War Raise an Army & Navy Coin & Borrow Money Regulate Commerce among the states & with foreign nations Establish federal courts & bankruptcy rules Establish rules for immigration Issue patents & copyrights Only branch that can introduce legislation They have the final decision on many presidential nominations & treaties They can impeach or formally accuse officials
110
Who alone can access US Treasury or borrow on credit of the US
Only Congress
111
What is Congress's "Power of the Purse?"
power to collect taxes they are the ones who can actually implement the orders of the other branches - they control whether it's paid for
112
What is the US's progressive income tax?
higher incomes pay a higher percentage
113
Where do bills for taxing begin?
In the House of Reps - no taxation without representation
114
What if Deficit Spending?
When the federal government spends more money in a fiscal year than it earns, this deficit spending is often covered by congressional borrowing. Could be used to create jobs during economic recession
115
Appropriation (of money)
The Constitution says that no money can be taken from the federal treasury unless there has been a law authorizing the appropriation (i.e., the authorization for money to be spent).
116
Appropriation Committees (in House & Senate)
responsible for setting spending limits and allocating specific funds. Appropriation Committees provide funding for specific projects, agencies, or programs in proposed legislation. Some amounts Congress spends cannot be changed; two examples include the interest on the national debt and benefits for social security recipients.
117
The Budget Act of 1921 made the president responsible for what?
Sending an annual budget proposal to Congress
118
What are Implied Powers? What Clause allows them?
a power not expressly defined in the Constitution but permitted to Congress through a loose interpretation of the Necessary and Proper Clause
119
What are Congress's Implied powers?
Laws that regulate businesses, establish a minimum wage, and allow for the construction and maintenance of interstate highways are all possible because of the implied powers granted by the Necessary and Proper Clause. Today, the majority of Congress’s work is tied to the Necessary and Proper Clause.
120
What are Inherent Powers?
powers of the president or Congress that are neither enumerated nor implied but assumed to exist as a direct result of the country's existence These powers were considered so important to the government that the framers did not need to write them down.
121
What are some of Congress's Inherent Powers?
the power to control borders of the state, the power to expand the territory of the state, and the power to defend against an internal revolution or governmental coups (overthrow).
122
Oversight
the right and responsibility of one body or branch of government to review and monitor other bodies; for example, Congress oversees federal agencies and programs, which are managed by the executive branch It’s implied in Article I
123
Levy Taxes
impose and collect taxes
124
Committees
small sets of representatives tasked with considering, researching, introducing, and investigating particular policy areas
125
Appropriation Definition
a provision of money by Congress for the items requested in a budget
126
Discretionary Spending
in the context of the U.S. budget, spending that can be changed from year to year through the congressional appropriations process, including spending on scientific research, housing assistance, veterans’ health care, education, and transportation
127
Budget Resolution
a plan for how much a government will receive in revenue and spend over the next fiscal year, including a set of budget priorities and discretionary spending limits
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Pork-Barrel Spending
spending on often unnecessary local projects that benefit a specific member of Congress's district or state
129
line-item veto
the ability of an executive to reject specific portions of a piece of legislation rather than reject the entire bill; in the United States, most governors have this power, but the power of line-item vetoes for the president has been ruled unconstitutional by the Supreme Court It was an attempt to control such wasteful pork-barrel spending
130
Interstate Commerce Clause
one of the enumerated (expressed) powers of Congress; this is the power to regulate commerce and trade between two or more states It has become the justification for much of the economic regulation that Congress does now, including setting a federal minimum wage and prohibiting discrimination in employment.
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Advice & Consent
a Constitutional power, stating that presidential nominations for executive and judicial posts take effect only when confirmed by the Senate; also, foreign treaties become official only when the Senate approves them by a two-thirds vote
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Supermajorty
also referred to as an absolute majority, this is a specific number greater than 50 percent, such as two-thirds; this is different from a simple majority, which is any number greater than 50 percent
133
Filibuster
a political procedure led by a legislator (in the United States, a senator) to delay or prevent debate on a proposal, usually by "holding the floor" and speaking continuously, refusing to yield; to break a filibuster, three-fifths of senators (60/100) present must vote to end it (cloture)
134
Administrative Agencies
government organizations created by Congress to enforce laws, policies, and government programs; organized under the president in the executive branch and employing millions of federal workers
135
Process of a Bill becoming Law
Bill Proposed Introduced in House or Senate Passed to a Committee & Subcommittee Debate & Voting in Congress Conference committee resolves conflict points (creates unified version of bill) President can sign the bill into law or veto If pres. vetoes, then Congress can override veto by passing vill in the House & Senate by a 2/3rds majority
136
What do Political Parties do?
guide members of Congress in drafting legislation guide proposed laws through Congress inform party members on how they should vote on important issues nominate candidates to run for offices in state government positions, Congress, and presidency coordinate political campaigns and mobilize voters
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How often are new Party leaders picked in Congress?
Every 2 years
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Majority party
the political party with the most seats in the House of Representatives or the Senate
139
Minority Party
the political party with the least number of seats in the House of Representatives or the Senate
140
leadership & organization of Senate
Top to bottom President of the senate (Vice president of US) President Pro Tempore (Senior Member) Senate Majority Leader & Senate Minority Leader Senate Majority Whip & Senate Minority Whip 100 Senators
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Organization & structure of House of Reps
Top to bottom Speaker of House (Elected by House) House Majority Leader & House Minority Leader House Majority Whip & House Minority Whip 435 Representatives
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Speaker of the House
in the House of Representatives, the elected leader of the majority party who serves as the chief presiding officer; the person who makes committee assignments, controls the agenda and voting, etc.
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Majority Leader
in the U.S. House of Representatives, the second-in-command to the Speaker of the House; both are from the party with majority control
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Minority Leader
the elected leader of the minority party; in the U.S. House of Representatives, the leader of the minority party, elected by the party members in the House
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Majority Whip
in either the House of Representatives or the Senate, a leader from the majority political party whose job it is to help coordinate strategy and maintain discipline among the members of the party; the term comes from a hunting term, "whipper-in," whose job is to prevent hounds from wandering away from the pack
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Minority Whip
in either the House of Representatives or the Senate, a leader from the minority political party whose job it is to help coordinate strategy and maintain discipline among the members of the party; the term comes from a hunting term, "whipper-in," whose job is to prevent hounds from wandering away from the pack
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President pro tempore
in the U.S. Senate, the person who serves as the chief presiding officer in the absence of the vice president; this role is often ceremoniously given to the longest-serving senator of the majority party
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Congressional Committees
a small set of representatives or senators who consider, research, introduce, and investigate particular policy areas Not mentioned in Constitution Can be long lasting or temporary
149
what to congressional committees do concerning Bills?
A committee is the first place a bill or proposed piece of legislation goes after being formally introduced by a member of Congress. A committee is also the place where a bill can first die if it does not get enough support. Once a bill dies, in order for it to be reconsidered, it must be reintroduced, and the committee process has to begin all over again.
150
What committees do Congress members want to be on?
Ones that will allow them to influence legislation in matters that concern their citizens
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5 Types of Congressional Committees
Standing Committee Select Join conference Rules
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Standing Committee
a permanent committee - for recurring issues It exists from session to session for the purpose of researching, writing, and introducing proposed pieces of legislation in a particular policy area Examples include the Senate's standing committees on budgets, finance, foreign relations, agriculture, and the judiciary.
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Select Committee
a temporary congressional committee created to investigate a specific issue or policy area not covered by a standing committee. They expire at the end of the congressional session for which they were created.
154
Joint Committee
a committee containing members of both the House of Representatives and the Senate who work together on a specific issue such as economic or tax policies
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Conference Committee
a type of joint committee whose job it is to form one single bill from of different versions of the same bill passed by the House of Representatives and the Senate It is possible that a bill can pass through the House and Senate with amendments and changes by one chamber that were not approved by the other. In this case, the job of the conference committee is to resolve those differences and send a single version of the bill back to both houses of Congress for their approval.
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Rules Committee
in the House of Representatives, a powerful committee that decides the rules for debate and amendments made to a piece of legislation; The House Rules Committee can place legislation on an accelerated calendar, limit debate, and limit the number of amendments or changes offered, for example. in the Senate, a similar group called the Senate Committee on Rules and Administration is less powerful, as it does not set the rules of debate Senate has unlimited debate
157
Is debate limited in the House of Reps?
it is usually limited
158
Is debate limited in the Senate
it's unlimited- can use filibuster but Senate can use cloture
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Cloture
a tactic in the U.S. Senate where 60 members (three-fifths) of the entire Senate vote to end a filibuster
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Process of Lawmaking
The bill is introduced and given to the appropriate standing committee. The bill is sent to the Rules Committee. The bill is debated in the House of Representatives and Senate with the possibility of a filibuster in the Senate. The bill is voted on by the House of Representatives and the Senate. The bill is sent to a conference committee to form a single bill. The bill is sent back to the House of Representatives and Senate to be voted on. The bill goes to the president for signature or veto. If vetoed, Congress has the ability to override the veto.
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US Census - how often?
A census is required to decide how many people each state hold - every 10 years
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Purpose of US Senate
First, each state's population determines the number of seats in the House of Representatives. Second, a state’s number of votes in the Electoral College (the way a president is chosen) is equal to a state’s number of representatives, plus its two senators.
163
How many seats are in the House of Reps?
435
164
Reapportionment
the once-per-decade process of assigning the House of Representatives' 435 seats to districts in the 50 states according to population, as determined by the most recent U.S. census
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What happens if a state gains or loses House seats after the census?
it must redraw its district lines to accommodate the change. This process is known as redistricting
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Redistricting
closely aligned to reapportionment, this is the re-drawing of electoral districts to accommodate changes in a state’s population based on the last census; the goal of redistricting is to create districts that are as equal as possible in population
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Gerrymandering
the process of creating political advantage by re-drawing electoral districts, producing districts biased in favor of one particular political party
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How can a minority group's power be reduced through gerrymandering?
By default, the majority party in a state’s legislature has the power to draw districts that concentrate voters of the minority party in a single district. This reduces the minority party’s power in the rest of the state.
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Majority-minority district
A majority-minority district is one in which the majority of voters are of racial or ethnic minorities. These districts often elect minority representatives to Congress, but the drawing of majority-minority district lines often presents legal and constitutional issues. Majority-minority districts can lead to the election of minority candidates in some districts, but often this is at the expense of reducing minority voters' strength in other districts.
170
Miller vs Johnson
Gerrymandering & Race the Supreme Court ruled that, under the Constitution’s Equal Protection Clause, race could not be the “dominant and controlling” motivation for drawing congressional districts.
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Commander in Chief
a constitutional power giving the president authority over all parts of the U.S. military, including promoting and dismissing military commanders and officers
172
Who is the chief diplomat
The President
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Unilateral Actions - of President
where the president acts alone on important matters (is controversial)
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Electoral College
consists of 538 people called electors—each representing one of the 50 states or the District of Columbia—who formally cast votes for the election of the president and vice president. the candidate who wins the popular vote in November receives all the state’s electoral votes.
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Rule under 12th Amendment - election rule
Electors (in electoral college) can't vote for presidential candidate who is from their same state This rule means that an elector from Louisiana, for instance, could not cast votes for a presidential candidate and a vice presidential candidate who were both from Louisiana; that elector could vote for only one of these people - scared that big states would dominate
176
How many electoral votes does a president need to win?
270
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What amendment limited the presidency to 2 four year terms?
22nd Amendment
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Impeachment
is the act of charging a government official with serious wrongdoing; the Constitution calls this wrongdoing "high crimes and misdemeanors."
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What is the 2-step method of impeachment?
The House of Representatives could impeach the president by a simple majority vote on the articles of impeachment. The Senate could remove the president from office by a two-thirds majority vote, with the Chief Justice of the Supreme Court presiding over the trial. If the president was convicted and removed, the vice president would become president.
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Who presents info to Congress about the state of the union?
The president. (hence the annual State of the Union address, where the president discusses their achievements and presents an agenda for the future)
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Who calls congress into session when needed?
The president
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What is a pocket veto?
Presidents can also use what is called a pocket veto. When Congress sends a law to the president, the president has 10 days to sign or reject the legislation. If Congress adjourns during that 10-day period and the president does not sign the law, it does not go into effect
183
Who nominates federal judges & makes appointments to fill military & diplomatic posts?
president
184
What is the president's Cabinet?
group of advisors, to help the president manage his duties, consisting of the most senior appointed officers of the executive branch. Today, the heads of the 15 executive departments serve as the president’s official advisors.
185
Who is one of the most influential members of the president's foreign policy team
National Security Advisor
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What was created to help the president prepare the annual budget and to manage the program
The Office of Management & Budget
187
What is a principle of U.S. policy which says that interventions by European powers in the affairs of the nations of the Western Hemisphere would be considered as intolerable acts of aggression by the United States?
Monroe Doctrine - created by James Monroe
188
How did President James K. Polk increase the growth of presidential war power?
He sent troops to Texas’ border - starting the Mexican-American war
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Why was Andrew Johnson almost impeached?
Lincoln’s successor, Andrew Johnson, was almost impeached by Republicans over his Reconstruction policies and programs after the Civil War
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Executive Privilege
(the right to withhold information from Congress, the judiciary, or the public)
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Executive Agreements
Agreements with Foreign Leaders formal agreements between leaders of countries that do not need Senate approval; in the United States, a president can make these agreements without ratification by the Senate (as a treaty would require) Only valid while both leaders (who made it) are in power Executive agreements are not treaties under U.S. law, which require two-thirds of the Senate for ratification. But agreements that require the US to make payments do require legislative approval
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What Amendment paired the presidential candidate with a running mate?
12th
193
What act put the executive branch in charge of forming a budget?
Budget and Accounting Act of 1921
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What are the president's domestic Policy powers?
pardon/reprieves power of removal veto powers executie orders appointing federal judges signing statements
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What are the president's national security, foreign policy and war powers
commander in chief executive agreements (not treaties under US law)
196
Formal vs Informal Presidential Powers
Formal, Constitutional Powers Informal, Powers of Persuasion & Negotiation
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Can the Senate interfere with the president's removal powers (to remove executive officers)
Supreme Court ruled in 1926 that the Senate had no right to interfere with the president’s removal power
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Can the president use the power of pardon for anyone?
The president can also use the power of pardon for any person except those who have been impeached or convicted by the states. The president can also commute (i.e., shorten) the sentences of individuals charged or convicted of crimes in federal courts
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Can executive orders directly contradict or change existing law
no
200
What is a presidential power, similar to an executive order, used to manage various departments and agencies of the federal government
Executive Memorandum
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What is a written directive to a government agency issued by a president, often without Congress's approval, that can be overturned by the federal courts
Executive order
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Who can aggressively deploy U.S. military force (i.e., move military troops in response to a threat—usually outside the U.S.)
President
203
Who's in charge of the US national security & intelligence agencies
president
204
What do presidents use when nominating/appointing Supreme Court Justices
Powers of Persuasion
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What team has the new president consider existing executive orders?
Domestic Transition team
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Who Briefs the new president on executive agreements - has him decide which to continue & honor?
Foreign Transition Team
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Who oversees the president’s transition process, such as office assignments, information technology, and the assignment of keys.
General Services Administration
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Who are the most important members of the president's cabinet?
the heads of the Departments of Defense, Justice, State, and the Treasury They’re the Inner Cabinet
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Who picks the president's cabinet?
President picks/nominates their cabinet They try to pick demographic representation (race, religion, etc.) Senate Confirms or Rejects the president’s nominations Generally the Senate accepts them
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Does a president nominate new ambassadors
Yes, but it requires Senate approval
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What are the lower courts
in the federal court system, any court that is not the federal Supreme Court; in the state court system, any court that is not a state Supreme Court
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What are civil cases
court cases based on civil law, not criminal law; includes disagreements between individuals and companies, individuals and government agencies, and foreign individuals or governments; also includes questions of constitutionality
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What Article creates “one Supreme Court” establishes the Court’s jurisdiction, or its authority to hear cases and make decisions about them And gives rules about the types of cases the Court may hear, explaining which cases are matters of original jurisdiction and which are for appellate jurisdiction
Article III of the Constitution
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Original vs Appellate Jurisdiction
Original Jurisdiction - case heard for first time Appellate Jurisdiction - case heard on appeal from a lower court
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Why is the judicial branch mainly limited
They make decision & interpret things But have no power to enforce its choices
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What's the lowest Court level?
Lowest - District (or Trial) Courts where federal and state cases are tried, witnesses testify, and evidence and arguments are presented.
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What is the middle Court level?
Circuit Courts (US Courts of Appeals) Losing party can appeal to these courts
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What is the highest court level?
US Supreme Court of the thousands of requests for appeal, the Supreme Court will usually hear fewer than 100 per year
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What are circuit courts
courts that hear cases in several counties or districts in a state; each case in a circuit court is heard by a panel of three judges who rotate through each of these districts
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What is a principle that courts have the power to overturn laws passed by Congress and even actions of the president if such laws or actions conflict with the Constitution; this power was established in the case Marbury v. Madison
Judicial Review
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What was the Marbury vs Madison case?
President John Adams appointed people to government positions, but his term ended before all the appointment papers were given out. The new president - Thomas Jefferson - didn’t agree with these appointments - so he ordered (his secretary of state - James Madison) to not deliver the paperwork One of the people who was supposed to be appointed (Marbury) then sued Madison to get the paperwork The Supreme Court ruled that Marbury was entitled to his paperwork But they also said that the Judiciary Act of 1789 passed by Congress was unconstitutional And so this established Judicial Review
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What is the US's system of law in which laws are mostly developed through judicial decisions
Common Law this is oppose of code law - judge's only apply the law the form of law that is based on custom, precedent, and court decisions in England, rather than on legislative decree
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What is a decision made in one court case that is used to justify a decision made in a later case
Precedent
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What is the phrase meaning “let the decision stand,” a principle that courts should rely on previous decisions and established precedents as they make decisions
State decisis
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What is a viewpoint that U.S. courts should defend individual rights and liberties and stop actions by other branches of government that they see as infringing on those rights
Judicial Activism
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What is an approach to interpreting the Constitution based on the idea that the national government can only do those things that are specifically mentioned in the Constitution Usually linked with judicial restraint
Strict Constructionist
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What is an approach to interpreting the Constitution based on the idea that judges can reinterpret constitutional language to create new legal standards appropriate for changing conditions
Loose Constructionist
228
What is a viewpoint that judges should be reluctant to overturn the acts of Congress, the president, or the states, deferring decisions (and thus, policymaking) to elected branches of government
Judicial Restraint
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What do proponents of Judicial restraint believe?
proponents of judicial restraint focus on a narrow, strict interpretation of the Bill of Rights People who call for judicial restraint say that elected officials shouldn’t have their policies overturned by unelected judges Restraint linked with strict interpretation of constitution
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Why will the Supreme Court sometimes defer to other branches
If they think that it's a political question
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Criminal Law
Under criminal law, governments create rules and punishments. Laws define behaviors that are forbidden State or national government charges that person with the crime Example: Miranda vs Arizona
232
What kind of cases involve two or more private (nongovernment) parties, at least one of whom claims to have been harmed or injured by the other?
Civil Law Cases
233
These are examples of what? personal injury, malpractice, divorce, family, juvenile, probate, contract disputes, and real estate cases.
Civil Law cases
234
What kind of cases do Federal/National Courts hear?
Any case that involves: A foreign government, patent or copyright infringement, Native American rights, maritime law, bankruptcy, a controversy between two or more states ​​federal court jurisdiction disputes between two parties not from the same state or nation and in which damages of at least $75,000 are claimed
235
What are assaults with a gun, the illegal sales of drugs, or bank robbery examples of?
A criminal violation of federal law - cases heard by national courts
236
What are employment discrimination or securities fraud examples of?
Civil Violation of Federal law - heard by national courts
237
What are "freedom of speech or the protection against cruel and unusual punishment" protected by?
Bill of rights - these cases heard by national courts
238
In what case was a man convicted of kidnapping & rape - but wasn’t made aware of his rights - and thus implicated himself
Miranda vs Arizona led to Miranda rights - needing to be read
239
How many Federal District (trial) courts are there?
94 - at least one per state
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What happens in a Federal district Court?
District courts are the trial courts of the national system, where federal cases are tried, witness testimonies are heard, and evidence is presented. No district court crosses state lines, and a single judge oversees each one. Some cases are heard by a jury, and some are not.
241
How many circuit courts are there?
13
242
What are the circuit courts
i.e., U.S. Courts of Appeal) After District Courts, losing parties may appeal their case to these courts
243
Do Circuit courts have trials?
No trials - just review the rulings of the district courts Only cases on appeal
244
How many judges in Circuit Courts?
Rotating panel of 3 judges in each court Judges are nominated by the president and approved by the Senate
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How are cases chosen in the Supreme Court?
Case must be chosen by justices 4 out of the 9 justices must want to hear it (rule of 4)
246
How many law clerks does a Supreme Court justice get?
They each get 3 or 4 law clerks - recent law school graduates who do research & give the justice background info on the cases
247
What happens when different circuit courts of appeals have made conflicting judgments regarding a law passed by Congress or an action by the president (such as an executive order)?
The Supreme Court will consider hearing it
248
Who hears cases on judicial processes, since conflicting rulings will confuse other courts and governments
Supreme Court
249
How are decisions made in the Supreme Court
Majority vote wins If there is a tie (because one justice couldn’t be there), it is a “no” verdict - lower court verdict remains
250
What is Majority Opinion in Supreme Court
The justices who voted with the majority side The reasons for this vote
251
What is Minority (dissenting) Opinion in Supreme Court
The justices who voted against the decision The reasons for this vote
252
What is the Concurrent Opinion in Supreme Court
The different reasons why justices voted with the majority decision
253
Does the Supreme Court deal with questions of guilt/innocence/amount of compensation
No
254
Who deals with broad constitutional issues in terms of permissible and impermissible actions by government at all levels
Supreme Court
255
Can state laws Conflict with the Constitution?
The Constitution is the supreme law of the land, and state laws cannot conflict with it.
256
What amendment says that “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” (what required states to apply the Bill of rights)
14th Amendment
257
How did the Fed Gov become more involved in state issues - what issues?
unequal educational opportunities, laws that limit the voting rights of some citizens, state support of a church or pattern of religious beliefs, and situations involving the unequal administration of laws.
258
What asserts that the Constitution is the highest law in the land and courts may need to interpret the meaning of the Constitution to resolve a case.
Supremacy Clause
259
What are the concurrent powers of the national & state governments? Powers they share
Levy & collect Taxes Borrow Money Establish Courts Define Crimes & Set Punishments Claim private property for public use
260
Expressed Powers of Congress
regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs
261
What are the powers not expressly defined in the Constitution but assumed through interpretation of the Necessary and Proper (Elastic) Clause called?
Implied powers of Congress
262
What clause in the U.S. Constitution can be "stretched" to allow Congress to make laws on policies beyond those listed (or "enumerated") powers; "stretching" this clause produces what are termed "implied powers"
Elastic Clause It states that if a state law clashes with a federal law, the federal law prevails
263
What Amendment confirms the states’ reserved powers: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
10th Amendment
264
What Clause requires the states to accept court decisions, public acts, and contracts of other states.
Full Faith & Credit Clause Thus, an adoption certificate or driver’s license issued in one state is valid in any other state.
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What Clause Prohibits states from discriminating against out-of-state residents by denying them guarantees—like access to courts, legal protection, property rights, and travel rights.
Privileges & Immunities Clause
266
What Clause was used to create a national bank? What case was it?
Supreme Court used the Elastic (necessary & proper) Clause to expand the power of the Federal Government Said that creating a national bank would allow the national gov. To carry out several of its enumerated powers (regulating interstate commerce, collecting taxes, and borrowing money) McCulloch vs Maryland
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What case defined and interpreted the power to regulate interstate commerce?
Gibbons v. Ogden Could the Fed gov regulate licensing of steamboats operating between New York & New Jersey?
268
What Clause is one of the enumerated (expressed) powers of Congress, allowing for regulation of commerce and trade between two or more states and foreign nations
Commerce Clause
269
Which House of Congress is fast-paced and tightly regulated, with members focused on narrow interests
House of Reps
270
Which House of Congress has 2-year terms with no limits
House of Reps
271
What is the Origination Clause
All bills for taxation start in the House - no taxation without representation
272
Which House of Congress puts limits on debates?
House of Reps
273
What is the House rules Committee?
They put limits on the debate times and such in the House
274
Which House of Congress Impeaches presidents?
The House of Reps - they bring the accusations
275
What presidents were impeached?
Andrew Johnson, Bill Clinton, & Donald Trump were impeached
276
Which house of Congress is slower and more loosely regulated, with members who have greater individual power and a more general focus on interests
Senate
277
What House of Congress has 6-year terms with no limits
Senate
278
Why does the Senate slow down & stop Legislation
They have longer 6-year terms so they have less accountability to the people who elected them
279
What does each senator represent?
their entire state
280
Any kind of bill - except what - can start in the Senate?
Taxation
281
How does the Senate still have control over taxation bills
They can amend them
282
Who breaks the tie votes in the Senate?
The Vice President
283
How are the unlimited debates in the Senate able to be brought to a close?
With Cloture - a 2/3 vote of Senate
284
What is the Senate's Role of Advice & Consent?
President appoint federal judges, ambassadors, cabinet secretaries, etc. Senate holds hearing & votes to approve the appointments
285
Who approves Treaties with other nations?
Senate must have ⅔ vote to approve
286
Who actually removes the president from office?
Senate Holds trial to see if they’re guilty, needs (⅔) vote
287
What was the 2002 law to limit "soft money" donations to political parties
Bipartisan Campaign Reform Act
288
What kind of money is raised for purposes like party-building efforts, issue advocacy ads, etc? And has almost no regulations or limits?
Soft Money
289
What kind of money is contributed directly to a candidate and is heavily regulated and limited
Har money
290
What kind of an election is among members of the same political party, designed to narrow the field or identify the person who will ultimately be the party's nominee for a particular office?
Primary Election
291
What kind of election is where candidates for elected office are formally chosen, or where the allocation of presidential electoral votes is decided
General Election
292
What are groups organized to collect funds from donors and distribute them to political candidates
Political Action Committees
293
What is the main difference between a PAC and Super PAC?
Super Pacs can't give money directly to a candidate or their party They can raise & Spend unlimited funds independently of a campaign or party
294
What laws made it illegal for politicians to request contributions from civil service workers, made corporate contributions illegal, and required candidates to report their fundraising.
The first restrictions on campaign funding
295
What act requires candidates to reveal where their money was coming from and where they were spending it, limited individual contributions, and provided for public financing of presidential campaigns.
The Federal Election Campaign Act Passed in the 1970s Created by the Federal Election Commissions (FEC)
296
What Act Limited Soft Money Funding and placed limits on total contributions to political parties, prohibited coordination between candidates and PAC campaigns, and required candidates to include personal endorsements on their political ads.
McCain-Feingold Act
297
What Court Case led to the removal of spending limits on corporations. allowed massive amounts of private soft money to be used to support campaigns again.
Citizens United Case
298
What are Group of people or organizations that attempt to influence government decision-making and public policy
Interest Groups
299
what is a public interest group
they support Policies that benefit the whole public (environment, infrastructure, consumer rights)
300
What are private interest groups
They support policies that only benefit certain groups of people - usually themselves Includes Unions, professional associations, membership groups
301
What do People have common issues join voluntarily like the National Rifle Association
Membership Group
302
What is An individual who represents a government institution to other government decision-makers
Legislative Liaison
303
What are Groups of institutions that join with others within the same trade or industry with similar concerns - represent companies & industries like the American Beverage Associations
Associations (trade associations)
304
Who Represents the interests of a group to government officials (persuaders) Usually work for interest groups
Lobbyist
305
What are the two types of Lobbying
Inside & Outside
306
What kind of lobbying involves directly influencing (talking to officials, etc.) Testifying in legislative hearings Helping to draft legislation
Inside
307
What kind of lobbying involves Influencing the people or public opinion Issuing press releases, placing stories in the media, asking the public to call elected officials to support/oppose bills
Outside
308
Why are Political Action Committees formed?
Interest groups, corporations, etc. can’t contribute their operating funds to political candidates, so they have to form PACs
309
What kind of PAC has the Money goes directly to Candidate Limited to $5,000 per candidate, per election
Regular PAC
310
Regular PACs use Bundling - what is Bundling?
a fundraising strategy in which an individual or PAC collects separate campaign donations & submits them as a single contribution
311
What Court Case in the 1970s ruled that spending money in an election was equivalent to free speech Upheld donation limits to candidates Candidates can spend an unlimited amount of their own money
Buckley vs Valeo
312
What Court Case Ruled that corporations and unions have those same free speech rights They can spend unlimited money advocated for their own interests as long as they’re not coordinating directly with a candidate Led to Super PACs
Citizens United (2010)
313
What is an incumbent Candidate?
a candidate for office who presently holds that office and is running for reelection
314
What is the Incumbency Effect?
The Incumbent candidate in an election is more likely to win
315
Starting in the 1960s the power of selecting nominees shifted from party leaders to whom?
Party Members
316
Starting in the 1960s, the nomination process became longer and increasingly what?
national
317
What votes actually elect a president?
Electoral Votes
318
What is a a meeting of party members where delegates are selected to support a candidate for a party's presidential nomination or other party issues are discussed; occurs at local, state, and national levels
A Caucus
319
What are electors
persons selected by each state to cast Electoral College votes
320
Who are the group of individuals selected through the primary process that will represent the state at the national party convention
State Delegation
321
How are most delegates chosen
Through primary elections
322
What are the consequences of the presidential primary and caucus system being the main way that presidential candidates are selected
the campaign seasons start increasingly earlier the campaign process becomes more and more costly
323
Who got more power & control because of primary systems?
to regular party members for selecting a party's candidates. Gave more power to state party primary elections.
324
What are presidential primaries
Most states hold primaries 6-9 months before a presidential election. Primary voters choose their preferred candidate anonymously by casting secret ballots. The state where the primary is held takes the results of the vote into account to award delegates to the winners.
325
So in the primaries, the candidates are chosen by a majority of delegate votes at the convention. The chosen candidates go onto the general election.
There are thousands of delegates who come together from all states & vote at a national convention to pick the 2 presidential candidates
326
what are the two methods by which a state political party can hold its primary election:
primary method Caucus method
327
what is the primary method?
votes are secret Primaries test a candidate's popularity
328
what is the caucus method?
where voters in each precinct gather and openly cast their votes test candidate's ability to mobilize and organize support among their followers.
329
What Amendment Required separate votes for the president and vice president
12th
330
What is a system of voting in which the candidate who wins a plurality of the popular vote is elected; in U.S. presidential campaigns, most states use this system, awarding all their Electoral College votes to the candidate who wins 50.01% or more of the popular vote
Winner - takes - all
331
What is public funding for campaigns
when candidates receive government funding to help finance their campaigns
332
What is a Congressional District? How many? How many people in each?
one of 435 legally established areas of a state represented by one member of the House of Representatives; each congressional district is approximately equal in population to all other congressional districts
333
What happens when there's no candidate wins the majority of the convention's delegates
brokered convention
334
How many Electoral votes does each state get?
1 vote for each state’s House of Rep member 2 votes for the state’s senator
335
How many votes does DC (district of columbia) get?
3 D.C. is allowed no more electoral votes than the state with the smallest population.
336
How are Electors (in electoral college) supposed to vote?
Electors (in electoral college) are supposed to vote in accordance with the party/candidate that appointed them
336
What is the rare method of allocating the Electoral College votes of a state in a presidential election among candidates according to the popular vote in each congressional district?
District method of allocating the electoral college votes
336
What is the name for electors who violate their pledge to vote for a particular presidential candidate by instead voting for someone else? They can get a fine
Faithless Electors
337
How do most states allocate electoral college votes?
winner-takes-all
338
What happens if no candidate receives the majority of the electoral votes?
House of Reps decides In the House, each state gets 1 vote - 50 votes - need 26 to win Senate decides the Vice President
339
What is an Example of a president having less popular vote - but more electoral votes
George W. Bush beat Al Gore
340
What must a candidate win when seeking a state's electoral votes?
A plurality of the state's popular vote
341
What are interest groups doing?
They are any formal association of individuals or organizations that attempt to lobby or influence government decision-making and public policy
342
What do interest groups often use?
They often use a Lobbyist or Lobbying firm
343
Who represents an interest or organization and attempts to influence legislators on their behalf. They are usually paid and is required to register with the government
Lobbyists
344
What kind of groups can be interest groups?
Businesses, corporations, governments, due-paying volunteer groups, trade associations
345
What is an interest group that includes many groups or institutions with similar interests (usually individual businesses joining together in a larger interest group) - like coca-cola, pepsi, etc. banding together
An Association
346
National Right to Life - anti abortion NARAL Pro-Choice America - for abortion Sierra Club - lobby for laws to protect environment The Farm Lobby - to secure new farm subsidies Are examples of what?
Interest Groups
347
What kind of Lobbying is direct lobbying, which takes the interest group’s message directly to a government official, such as a lawmaker.
Inside
348
What kind of lobbying includes testifying in legislative hearings and helping draft legislation.
Inside
349
What kind of lobbying is it when the interest groups attempts to release its message to the public?
Outside
350
What kind of lobbying includes issuing press releases, placing stories and articles in the media, entering coalitions (partnerships) with other groups, and contacting interest group members, hoping that they will individually pressure lawmakers to support or oppose legislation.
Outside
351
What must an interest group do in order to financially support a candidate?
A Political Action Committee PAC
352
How much can a PAC contribute per candidate per election
$5,000
353
What are the two strategies that PACs use to get what they want by giving money?
Legislative strategy Try to influence that choices that legislators make They give money Electoral Strategy Work & give to elect a candidate who supports their positions
354
What was a landmark court case that ruled that spending money in an election was essentially equivalent to free speech; the case also upheld hard-money donation limits to candidates (that is, money donated to a candidate's campaign); the judgment also allowed candidates to spend an unlimited amount of their own money This limited how much individuals & PACs could give per election ($5000)
Buckley vs Valeo
355
How do PACs and people get around Buckley vs Valeo? (ruled that spending money was equivalent to free speech)
By Bundling
356
What is a fund-raising strategy in which individuals ("bundlers") collect individual private campaign donations and submit them as a single contribution; the bundler, sometimes an interest group, achieves greater political influence in this way
Bundling
357
Why is Bundling effective?
Then the “Bundler” is actually presenting the candidate with huge sums of money - which can have a lot more impact & sway
358
What court case said that Corporations & unions have free speech rights themselves, and they are entitled to spend as much money as they like on their own interests, as long as they do not coordinate their activities directly with a candidate Reversed the effects of the McCain-Feingold Act Benefitted Corporations the most
Citizens United vs FEC Decision
359
How do Interest Groups influence elections?
Interest Groups “rate” politicians (using scorecards sometimes) based on their voting records on issues that are important to them That's how they choose which candidates to support
360
How do Interest groups influence government policy
Lobbyists build relationships with lawmakers by giving them accurate info regarding policy proposals
361
Who do interest groups/lobbyists target in Congress?
Lawmakers who they think will support their preferred policies Members of relevant committees Lawmakers when legislation is on the floor of the House or Sen (or both) Many members of Congress will follow what their colleagues who are more familiar with a given issue do Members of the conference committees whose ob is ito resolve differences with the bill
362
Do interest groups/lobbyists target all branches of government?
Yes. Obviously congress, but also Executive & Legislative Branches (once legislation has been passed) On executive, judicial, and other appointments that require Senate Confirmation
363
How do lobbyists use Amicus Briefs?
Amicus Briefs (friend of the court briefs) - filing with the court (Judicial Branch) These documents (which the lobbyists file) present legal arguments stating why a court should take a case or why they should rule a certain way (or both)
364
What is a legal written argument (that is, a "brief") filed with a court by an individual or group who is not a party to a case but has an interest in the case’s outcome
Amicus Brief
365
What is a landmark 2015 Supreme Court case that legalized same-sex marriage; this case had many amicus briefs filed in its support
Obergefell vs Hodges
366
What was a detailed exam on reading ability and civic knowledge, historically used to prevent Black people in the South from voting; during the 1960s, the Civil Rights Act, the Voting Rights Act, and several Supreme Court decisions put an end to this practice
Literacy Tests
367
What is disenfranchisement?
being denied the right to vote Tried to do this to Black people on ground of concerns about “election fraud”
368
Poll Taxes
historically in the United States, a fee required with the intention of preventing Black people from voting; poll taxes were banned by the 24th Amendment
369
What amendment banned poll taxes
24th
370
Are registration & Voting laws national & federal?
No it varies by state
371
What Act protected the rights of minority voters by prohibiting state laws that denied voting rights based on race. gave the Attorney General of the United States authority to order federal examiners to areas with a history of discrimination. These examiners had the power to oversee and monitor voter registration and elections.
Voting Rights Acts (VRA) in 1965
372
When does a voter application have to be completed before voting?
Some states allow you to turn in the application & vote on the same day Others require you wait for like 30 days
373
What law required states to allow citizens to register to vote when they sign up for driver’s licenses and Social Security benefits. On each government form, the citizen need only mark an additional box to also register to vote. Increased registration but not voter turnout
Motor Voter Law - 1993
374
What are the requirements to register to vote?
must be a citizen and a resident and be 18 years old. Differing State requirements: Mentally competent Not serving time in jail Some felons lose rights indefinitely Or require a governor’s pardon
375
What Amendment gave black people the right to vote?
the 15th
376
When was the 15th (black people voting) Amendment passed?
after the civil war
377
Why wasn't the 15th Amendment very effective?
States passed laws that promoted segregation Including poll taxes & grandfather Clauses
378
What were the grandfather clauses regarding Black people voting?
People didn’t have to pay poll taxes or take literacy tests if their grandfather had been eligible to vote in a certain year So most white people didn’t have to take these tests
379
What Amendment gave women the right to vote
19th
380
what is suffrage?
the right to vote
381
Were any women allowed to vote before the 19th Amendment?
Yes, Several states or territories, mostly in the Western U.S., began allowing women to vote in the late 1800s before the 19th Amendment granted that right to all women.
382
What did women suffrage activists argue?
Many argued that the 14th & 15th Amendments implied that women had a right to vote But Supreme court ruled against them
383
Now - do more women or men vote?
women
384
What did the 24th Amendment Ban?
Banned Poll Taxes Passed in 1964 This amendment along with the Voting Rights Act helped to really increase voter participation among Black People
385
What Amendment lowered the voting age from 21 to 18
26th
386
What is the percentage of citizens who, whether registered or not, are eligible to vote because they meet age and citizenship qualifications and are mentally competent and not imprisoned
Voting-Eligible Population
387
What are the 4 factors that predict voter turnout
socioeconomic status age race gender
388
what is the strongest predictors of voter turnout
education then income then occupation
389
Factors that decrease voter turnout
non-mandatory participation issues at voting polls - strict photo ID laws Limited days for election apathy social protest
390
What was an approach to voting where a voter selects all candidates on the ballot from a single party
straight-ticket voting
391
How does straight-ticket voting reduce ballot fatigue
Ballot fatigue occurs when someone votes only for the top or important ballot positions, such as president or governor, and stops voting rather than continue to the bottom of a long ballot.
392
What occurs when the voter looks at the candidate’s past actions and the past economy and makes a decision only using these factors
retrospective voting
393
What is a vote cast by a citizen based on what a candidate is expected to do in the future
prospective voting
394
What is it called when a person may vote for a second- or third-choice candidate, either because their preferred candidate cannot win or because they hope to prevent another candidate from winning
strategic voting
395
how often do incumbents win reelection?
90% of the time
396
Why do incumbents win so much?
incumbents have name recognition and voting records. The media is more likely to interview them because they have advertised their name over several elections and have voted on legislation affecting the state or district. Incumbents have also won an election before, which increases the odds that political action committees and interest groups will give them money. Incumbents can also benefit from gerrymandering, Incumbents also have franking privileges, which allow them a limited amount of free mail to communicate with the voters in their districts incumbents have existing campaign organizations
397
What is an effect of gerrymandering districts?
Safe seats are created due to unnatural boundaries.
398
Which election cycle event do delegates assemble at to select a presidential candidate?
Nominating Convention
399
Which election-cycle event allows registered party members to participate in the selection of a congressional nominee?
The closed primary
400
Closed vs Open Primary
In an open primary, voters of any affiliation may vote in the primary of any party. In a closed primary, only voters registered with a given party can vote in that party’s primary.
401
constitutional guarantees of equal opportunity and protection such as freedom from unwarranted searches, fair trials, and the right to vote; prescriptions, or directions for government's power
Civil Rights
402
freedoms guaranteed to individuals in the U.S. Constitution's Bill of Rights; these liberties stop government from taking actions, thus protecting individual choices; proscriptions, or limits, on government’s power
Civil Liberties
403
an expression of the government's responsibilities to individual citizens defined in the social contract, detailing specific expectations Guarantees by the government to treat people equally
Civil Rights
404
What are prescriptions of government power, prescriptions: actions the government is required to take
Civl Rights
405
What are proscriptions on government power. proscriptions: limits on what the government can do
Civil Liberties
406
What Amendment - Abolish Slavery (1865) Except convicts can be made to work without pay This amendment formally emancipated all enslaved peoples in US
13th
407
What Amendment: African American Citizenship (1868) One of the most important amendments Requires that states respect citizen’s rights under the Constitution - especially the Bill of Rights
14th
408
What Amendment allowed people of color to vote?
15th
409
What amendment gave women suffrage - right to vote
19th
410
What Amendment - Abolished the Poll Tax for voting (1964) Some people now say that voter ID laws are similar to poll taxes because ID often comes with a fee
24th
411
What amendment Lowered the Voting age to 18 years old (1971)
26th
412
What law, passed in 1967, prohibits discrimination against persons 40 years of age or older in hiring, promotion, discharge, compensation or terms, conditions, or privileges of employment.
Age Discrimination in Employment Act (ADEA)
413
What law prohibits discrimination in programs and activities that receive federal assistance, such as in education, healthcare, housing, and rehabilitation programs.
Age Discrimination Act of 1975
414
What law prohibits intimidation, coercion, or interference with the rights of persons voting for a president or members of Congress on the basis of race, color, religion, or national origin.
Civil Rights Act of 1957
415
What law outlawed discrimination based on race, color, religion, sex, or national origin. It also prohibits unequal application of voter registration requirements, segregation in schools, employment, and public accommodations.
Civil Rights Act of 1964
416
What law prohibits racial discrimination in voting.
Voting Rights Act of 1965
417
What law requires equal housing opportunities regardless of race, color, national origin, religion, sex, familial status, or disability.
Fair Housing Act (Title VIII of the Civil Rights Act of 1968):
418
What law extended civil rights to people with disabilities regarding education and employment. It allows for the reasonable accommodation of such persons.
Section 504 of the Rehabilitation Act of 1973
419
What law, passed in 1990, prohibited discrimination based on disability, required employers to make reasonable accommodations for employees with disabilities, and created accessibility requirements for public accommodations.
Americans with Disabilities Act (ADA)
420
What law made it illegal to pay different wages to men and women who perform equal work in the same workplace. (This law was reinforced by the Lilly Ledbetter Fair Pay Act of 2009.)
Equal Pay Act of 1963
421
What law made it illegal to discriminate against people on the basis of race, color, religion, national origin, or sex. It also made it illegal to retaliate against a person who complains about such discrimination.
Title VII of the Civil Rights Act of 1964:
422
Title IX (Education Amendments of 1972):
This law made it illegal to discriminate on the basis of sex in any education program or activity receiving federal financial assistance.
423
What law made it illegal to discriminate against women because of pregnancy, childbirth, or related medical conditions.
Pregnancy Discrimination Act of 1978:
424
What discrimination test to use?? passing a law that says blind people can’t drive
Rational
425
Who bears the burden of proof in a rational basis test for discrimination
the accuser - the government is seen as right initially
426
What is a set of criteria used by a court to decide if the government is discriminating on the basis of gender or sex
Intermediate Scrutiny Test
427
Who bears the burden of proof for the Intermediate Scrutiny Test
The government
428
What scrutiny test is used when Fundamental constitutional rights are infringed upon (freedom of speech or religion) Race & national origin discrimination
Strict Scrutiny Test
429
Who bears the burden of proof for a strict scrutiny test?
on the government the government must prove that there is a compelling reason for a racial, gender, or ethnic distinction.
430
What case declared that neither state nor federal government could regulate slavery Led to civil war
Dred Scott vs Sandford
431
What amendment: Equal protection of the constitution & extended Due Process to the states
14th
432
What case established separate but equal
Plessy v Ferguson
433
What court case overturned Plessy vs Ferguson
Brown vs Board...
434
What court case ruled that Segregation of intrastate transportation is unconstitutional
Browder vs Gayle
435
What case ruled that State laws prohibiting interracial marriage are unconstitutional.
Loving vs Virginia
436
What case ruled that Racial discrimination in the public or private sale or rental of property is against federal law.
Jones vs Mayer Co
437
437
What was a Large-scale effort to register Black voters in Mississippi 3 volunteers murdered by Ku Klux Klan
Freedom Summer
438
What civil rights protests Protested segregation policies that prevented black people from voting after the Civil Right Act of 1964
Selma to Montgomery Marches
439
Martin Luther King Jr assassinated during this strike
Memphis Sanitation Workers Strike
440
prohibited the unequal use of voter registration requirements, segregation in schools, and discrimination in employment and public accommodations. Addressed not only race and color but also religion, sex, and national origin.
Civil Rights act of 1964
441
What required equal housing opportunities regardless of race, religion, or national origin.
Civil Rights Act of 1968
442
freedoms guaranteed to individuals in the U.S. Constitution's Bill of Rights; liberties that restrain or stop government from taking particular actions, thus protecting individual choices; proscriptions (limits) on government’s power
Civil Liberties
443
Is liberty considered Inalienable - given by god - natural part of human existence
Yes in the constitution
444
Do governments control people's public or private activities
Public
445
Are a person's public lives protected by civil liberties or rights?
Rights - because this is the government protecting people from other people
446
Are a person's private lives protected by civil liberties or rights?
Civil Liberties - the government stays out of privates lives
447
Liberties in the Constitution: Forces the government to justify someone's detention, which it must do in open court before a neutral judge
Habeas Corpus Outlawed by the Constitution
448
Liberties in the Constitution: an act of a legislature, such as Congress, declaring a person guilty of a crime and levying a punishment, without offering a trial; the U.S. Constitution prohibits Congress from passing any bills of attainder
Bills of Attainder Outlawed by the Constitution
449
Liberties in the Constitution: this is a law that applies retroactively, such as making a legal action suddenly illegal, with punishments;
ex post facto laws Outlawed by the Constitution
450
the first 10 amendments to the Constitution
Bill of Rights
451
What Amendment Congress can make no law respecting the establishment of religion
1st
452
What Amendment Congress can make no law prohibiting the free exercise of religion
1st
453
What Amendment Congress can make no law abridging the freedom of speech
1st
454
What Amendment Congress can make no law abridging the freedom of the press
1st
455
What Amendment Congress can make no law abridging the right of the people to peaceably assemble
1st
456
What amendment Congress can make no law abridging the right of the people to petition the government for a redress of grievances
1st
457
What test is used to evaluate government laws or actions regarding religion
Lemon Test
458
What are the evaluation questions on the Lemon Test
Does the law or action have a secular (non-religious) purpose or intent? Does the law or action have the effect of advancing or inhibiting a particular religious faith or practice? Does the law or action lead to "excessive entanglement" or involvement between government and religion?
459
What Amendment The listing of rights or liberties in the Constitution does not mean people are surrendering any rights or liberties not on this list
9th
460
What Amendment? Any power not delegated to the federal government remains in the hands of the state or the people
10th
461
What amendment Militia, right to bear arms It was “interpreted” to mean that arms are only for self-defense So government can regulate/ban
2nd
462
What Amendment Rights of those suspected of a crime searches and seizures need a Warrant
4th
463
what must a warrant have on it
A warrant must describe the place to be searched and the person or things to be seized.
464
What are exceptions to needing a warrant
if a person consents to the search if the search happens where the person lacks a "reasonable expectation of privacy" if the item in question is in plain view if the police fear that, during the time a warrant is being sought, evidence will be tampered with or destroyed if the police reasonably suspect a person is involved in criminal activity They can stop and frisk someone Don’t need a warrant to use a drug-sniffing dog
465
Evidence gained without a warrant can't be used in trial because of what rule
Exclusionary Rule
466
evidence obtained as a direct consequence of an illegal search - not allowed to be used in trial
Fruits of the poisonous tree
467
When can evidence gained without warrant be used in a trial?
“Good faith” exception - police believed they were correct “Inevitable discovery” - the evidence would have been found anyway
468
What Amendment A grand jury is necessary to indict you for a serious crime
5th
469
What Amendment No Double Jeopardy - can't be tried for the same crime twice
5th
470
What Amendment Your life, liberty, or property cannot be taken without due process.
5th
471
Exceptions of the no double jeopardy rule - in 5th Amendment
Does not apply to different levels of government Can be acquitted (found not guilty) in state court, but the federal government can still indict and try you if you violated a federal law Can still be held responsible for damages in a civil trial as a result of the criminal act
472
What amendment protects against self-incrimination - Miranda Rights
5th - under "your life, liberty, or property cannot be taken away without due process"
473
What is the guarantee that people will be treated fairly when the government wants to fine them, imprison them, or take away their personal property.
Due Process
474
What Amendment You are entitled to a speedy and public trial.
6th Protects against being contained indefinitely by the government
475
What Amendment You are entitled to an impartial jury.
6th
476
as part of having an impartial jury, who can attorneys question to make sure they won't be biased
Potential Jurors
476
What Amendment Your trial is to take place where the crime was committed.
6th
477
What Amendment You are entitled to know what crime you are alleged to have committed. You are entitled to confront any of the witnesses against you.
6th
478
What Amendment You are entitled to compel people to testify on your behalf. You are entitled to have an attorney present to assist in your defense
6th
479
a right granted to you in a law
Statutory Right
480
What Amendment You're protected from Excessive Bail & fines
8th Excessive is undefined for bail for fines - the amount must be consistent with the offense committed, character of the defendant, and the harm caused to others
481
What amendment You are protected from cruel and unusual punishment
8th
482
Who does the death penalty not apply to
Mentally insane people & juveniles
483
Do people need to demonstrate proper cause or special need to carry a firearm in public
no, not since 2022
484
was the right to possess firearms always a constitutional right
2008 - Supreme Court ruled that it was a person’s constitutional right to possess firearms Before this, it was just common-law
485
What Amendment Quartering of Troops Soldiers cannot be quartered in your home during peace without your consent. Soldiers cannot be quartered in your home during war except as prescribed (allowed) by law.
3rd
486
What Amendment Right to a Civil Trial
7th
487
When appealing, what part of the court's decision cannot be questioned?
The facts decided by a jury in a civil trial are not to be questioned, When a civil case is appealed, the court’s interpretation and application of the law is appealed not the facts established by the jury
488
In court, the judge & jury are each responsible for what?
The judge is responsible for interpreting and applying the law, while the jury is responsible for determining the facts.
489
the form of law that is based on custom, precedent, and court decisions, rather than on legislative decree
Common Law
490
What does a civil trial allow for
a neutral place for the settlement of personal disputes
491
What Amendment Protecting Private Property Just compensation must be given for private property taken for public use.
5th
492
What Amendment protects Economic Liberty - the right of individuals to obtain, use, and trade things of value for their own benefit
5th
493
a power of government to take and use private property for a public purpose after compensating its owner; also known as "the takings clause" of the Fifth Amendment
Eminent Domain
494
What are examples of public use for eminent domain - what use has been outlawed in many states?
Public Uses: Building roads, public parks, creation of jobs, enhancement of government taxes/revenues Outlawed - aiding private parties to create jobs/economic development
495
what are the 2 things the government can't do regarding religion
prohibit Establishment or Exercise/Practice of any religion
496
listed in the First Amendment of the Bill of Rights, it prohibits the federal government from passing laws to create or promote a state-sponsored religion; this included supporting church schools and any church or religious tradition.
Establishment Clause
497
Lemon Test for creating laws - requirements
A law must be Secular (a law should have some nonreligious purpose/justification for the law to exist) Neutral (neither hinder nor advance any religious practice), No Excessive Entanglement
498
located in the First Amendment of the Bill of Rights, it protects the choice of each person to adopt and practice individual religious beliefs, forbidding the government to control or restrict such beliefs and practices
Free Exercise Clause
499
What Court Case The government must show that there was a very good reason for the law (which takes away an individual’s free exercise of religion) and that the law was the only feasible way of achieving their goal.
Sherbert vs Verner Free Exercise Clause issue
500
What did the Sherbert Test do
Made it difficult for national/state governments to interfere with religious practices
501
What court case This case addressed whether owners in companies would be required to provide free contraception if they had religious objections. Court Ruled that for-profit corporations that are privately owned can exercise religious freedom
Burwell vs Hobby Lobby
502
What Court Case Citizens can’t be excluded from an otherwise generally available public (government) benefit because of their religious exercise Ex: Wanting to use their taxpayer dollars to send their children to a private religious school
Carson vs Makin
503
If a state is giving grants to all schools, do they give money to religious schools?
it cant exclude religious schools - because this is discrimination against them It just can’t directly support the schools
504
What are the parts of Freedom of Expression
Freedom of speech, press, assembly, and petition
505
What kind of speech or writing can be suppressed
a direct call or plan to imminent lawless action (an illegal act in the immediate future) Fighting words Genuine Threats Slander Libel
506
What court case Burning the American flag the Supreme Court decided that burning the flag was a form of symbolic speech protected by the First Amendment
Texas vs Johnson
507
What case Wearing armbands to school in protest of vietnam war The school’s restriction of student symbolic speech was ruled unconstitutional
Tinker vs Des Moines
508
What case Wearing a jacket expressing opposition to the draft
Cohen vs California
509
What case Protects indecent pornography as freedom of speech Illegal pornography is called obscenity
Miller vs California
510
What is the test for defining obscenity
Miller Test
511
Miller Test - requirements
community standards state law lacks literary, artistic, etc. value
512
Slander vs Libel
Slander - Speaking Libel - writing
513
What kind of speech has a lot of protection
Political Protection
514
What court case KKK meeting - rallying to lawless activity Says that imminent lawless actions are not allowed Incitement - promoting a criminal act is illegal Fighting words - words that inflict injury or incite an immediately breach of the peace
Brandenburg vs Ohio
515
What court case? Freedom of press Reporters must reveal their confidential sources if it is needed in criminal trials Prior restraint: Government censorship - can stop or suppress publication of classified information for national security
Branzburg vs Hayes
516
a clause in Section 1 of the 14th Amendment that prohibits the government from denying any person equal protection under the law Unless it's causing safety concerns
Equal Protection Clause
517
what the 3 scrutiny tests are for
Rational - young people, blind, etc. discrimination Intermediate scrutiny - gender & sex discrimination Strict: racial, ethic, religious discrimination
518
What Amendment brought an end to the civil war
14th
519
being denied the right to vote
disenfranchisement
520
what excluded a same-sex partner from the definition of “spouse” when that term is used in federal statutes.
DOMA - marriage act
521
What court case overturned DOMA - that gay marriages were considered spouses by law Argued that this deprived them of their 5th Amendment right to due process
Windsor vs US
522
What court case Made states recognize same-sex marriages formed in other states Also no state could deny marriage licenses to same-sex couples if they also issued them to other types of couples.
Obergefell vs Hodges
523
On December 13, 2022, President Biden signed into law This law repeals DOMA, meaning the federal government must respect all marriages,
Respect for Marriage Act
524
What does the respect for marriage act - 2022 - mean for religious liberties
“The act does not (1) affect religious liberties or conscience (2) require religious organizations to provide goods or services to formally recognize or celebrate a marriage, (3) affect any benefits or rights that do not arise from a marriage, or (4) recognize under federal law any marriage between more than two individuals.
525
What amendment Ended Slavery Except for those convicted of a crime Southern states had to agree to this amendment in order to reenter the union
13th
526
What amendment Granted equal protection to all Granted citizenship to all those born or naturalized in the US - including formerly enslaved people Included the Equal Protection Law
14th
527
What amendment Gave Black men the right to vote Still left opportunities for the poll taxes, literacy tests, jim crow laws
15th
528
outlawed government discrimination and Jim Crow laws
civil rights act of 1964
529
What outlawed discrimination based on race, ethnicity, religion, sex, or national origin by most employers
Civil Rights Act of 1964
530
What outlawed segregation and other forms of discrimination by most public businesses, including hotels, theaters, and restaurants that were not private clubs
Civil Rights Act of 1964
531
What banned literacy tests & created rapid increase in black voter registration
Voting Rights Act 1965
532
When & where was the first women's rights convention
Seneca Fall, NY in 1848 Wanted to see that women got suffrage (right to vote) Their efforts led to several states passing laws that allowed married women to retain control of their property and let divorced women keep custody of their children
533
Principle of Coverture
Married women’s legal identities were erased
534
What amendment gave women the right to vote
19th
535
prohibited discrimination on the basis of sex in public education institutions that receive federal funds. Like schools that get federal funds must have equal programs, spaces, etc. for both genders
Title IX
536
an unratified amendment to the U.S. Constitution, proposed in 1972, that would require equal treatment for all citizens regardless of sex;
Equal Rights Amendment ERA
537
This case made it unconstitutional for it to be illegal to use birth control or to advise anyone about its use Court argued that it violated the inferred right to privacy for married couples
Griswold vs Connecticut - 1965
538
Argued that the right to privacy upheld in the decision in Griswold (1965) included a woman’s right to an abortion.
Roe v Wade
539
Roe v Wade created what framework for abortions
first trimester- without restriction. In the second and third trimesters, however, the states could regulate abortions
540
What case Now states could place abortion restrictions on any trimester as long as it didn’t place undue burden on women Upholding the constitutionality of regulations and restrictions on abortion access
Planned Parenthood vs Casey
541
What includes television, print, radio, and the internet. Supposed to be concise & impartial
Mass Media
542
What are communication efforts that seek to improve the image of companies, organizations, or candidates for office. not impartial.
Public Relations
543
the idea that the media & political campaigns has little effect on citizens
Minimal Effects Theory
544
A model of communications suggesting that an intended message is directly received ("injected") and wholly accepted by the receiver
Hypodermic Theory
545
the idea that media presents a version of reality that eventually "cultivates" a worldview generally accepted by the population
Cultivation theory
546
the process of giving a news story a specific context or background
Framing
547
the process of predisposing media readers or viewers to think and act a particular way can be combated when consumer has prior info on the topic
Priming
548
the ability of powerful media to focus public attention on issues or topics through the strength of its coverage
agenda setting
549
When journalists follow one another around rather than finding their own stories
Pack Journalism
550
What does the president have to manage the media
Have press secretary & Office of Communications
551
Who/what does the media effect the most
the president What the media chooses to cover is what the president thinks is important to voters
552
What can't the media publish?
Can’t publish troop movements & names of undercover operatives or classified info
553
the legal suppression of speech or media coverage prior to public speaking or publication; a form of censorship; the First Amendment significantly limits this (that is, it favors freedom of speech and the press)
Prior Restraint
554
A provision of the 1934 Communications Act, this federal rule requires broadcasters to provide equal opportunities for airtime and advertising to all legally qualified candidates for the same office.
Equal-Time Rule
555
A federal rule, repealed in 1987, that required media broadcasters to provide balanced airtime to all sides of an issue
Fairness Doctrine
556
a Supreme Court case that identified a test for obscenity, facilitating regulation of indecency in broadcasting.
Miller vs California
557
TV and radio stations regulated by the Federal Communications Commission (FCC)
Broadcast Media
558
What Gave the government control over public airwaves and the power to ensure that stations maintained the public’s best interest
Radio Act
559
Replaced the radio act Created the Federal Communications Commission FCC to oversee radio and TV communication
Communications Act of 1934
560
What are some of the requirements to getting a license from the FCC (Federal Communications Commissions)
Limited advertising Serving local & minority communities No monopolies Censors inappropriate materials Equal time rule - candidates given equal time
561
Exemptions to the Equal Time Rule
If the coverage is purely news If it's a candidate's supporters who are doing the "show"
562
Required licensed stations to cover controversial issues - by showing all perspectives This ended in 1980s
Fairness Doctrine of 1949
563
the process of journalists seeking out information on scandals or misconduct in government, politics, or business
Muckracking
564
a law that mandates government proceedings and meeting documents be made available to the public
Sunshine Laws
565
a 1967 act that requires the executive branch of the U.S. government to provide information requested by citizens; a "sunshine law" that allows citizens to know what the government does
Freedom of Information Act FOIA
566
What data doesn't need to be disclosed under the Freedom of Information Act?
Human resource, medical, and national defense records
567
The practice of reporters keeping sources anonymous
Reporter's privilege
568
the Supreme Court ruled that journalists are not exempt from subpoena and can be forced to give up their sources in court
Branzburg vs Hayes
569
the process by which people are trained to understand and join a country’s political world
Political Socialization
570
a general, consistent philosophy about the role of government and concerns both economic and social viewpoints.
Political Ideologies
571
Are a person's ideologies likely to change?
Not unless something profound happens
572
Ideas that support a person’s values and expectations about life and politics EX: that people should be free and treated equally
Belief
573
Preferences that people form based on life experiences and values Ex: Person who has experienced police brutality may have a skeptical attitude when it comes to law enforcement
Attitudes
574
These are examples of what? Parents and Families Schools Social Groups Prevailing Political Conditions Media
Socialization Agents
575
Examples of Involuntary social groups
Gender, race, location
576
Examples of Voluntary social groups
religion, peer groups
577
Prevailing political conditions
The generation they’re born into Political conditions a person lives through
578
Covert Media Content
political information provided under the pretense that it is neutral, or unbiased. Ex: Presenting a story on climate change by interviewing representatives of only one side of the debate and downplaying the opposing view - not saying that it’s one-sided
579
What is the political spectrum - left to right
Progressive, Liberal, Independent, Conservative, Libertarian
580
What ideology? Believes in individual rights and liberties Views government with suspicious and rejects government intervention
Classic Liberalism
581
What Ideology? Focuses on equality and supports government intervention in society and the economy to promote equality
Modern Liberalism
582
What ideology? The government provides the rule of law and maintains a safe and organized society based on traditional religious values
Traditional Conservatism
583
What ideology? Elected government leaders guard individual liberties Prefers a smaller government that stays out of the economy
Modern Conservativism
584
What foreign ideology? Government Leaders control the politics, military, economy, social life, and the government of a country
Authoritarianism
585
What foreign ideology? Government has communal ownership of all property, materials, and all means of production There are no private properties, for-profit enterprises, or guarantees of civil liberties and civil rights
Communism
586
What foreign ideology?
Total control of a country is possessed by the ruling party of the dictator. Opposition to the regime is eliminated with violence. Individual interests are less important than the collective good of the nation or race
587
What foreign ideology? Government leaders pass laws to promote social and economic equality by raising taxes, nationalizing private industries and running those industries as government bureaucracies. Government control of the economy depends on how much of the total economy has been nationalized
Socialism
588
shortcuts or cues people use to form opinions and make decisions
Heuristics
589
Examples of heuristics
Deciding on a candidate based on their... Political party membership Gender, race, socioeconomic status, Supported by certain groups, and interest group affiliation also serve as heuristics for decision-making
590
Examples of Demographic Groups
Geographic location Workplace Political Elites The popular people that others follow on the internet/media to get their info from Age Gender Race Religion
591
A tendency by the media to increase coverage of candidates who are currently polling well Polls show who is doing well, this causes more people to support the successful people
Bandwagon Effect
592
the common media practice of following a leading candidate's every move throughout a presidential campaign Lacks depths, doesn’t discuss candidate’s issue positions
Horse-Race Journalism
593
Kind of poll taken the day of election - asking people how they voted
Exit-poll
594
How do presidents use public opinion polls?
When they're trying to pass an agenda, they can say - "look the public supports it/me"
595
having more than half the popular vote the authority and influence an elected official gains by virtue of substantial popular support; a politician with this has confidence to push for desired policies, knowing people will probably maintain their support
A Mandate
596
Who is not very affected by changes in public opinion
Supreme court - they serve for life