US History Flashcards
What is “state of nature?”
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)
What were Thomas Hobbes views?
He believed that the state of nature was a war against all
Natural rights = survival above all (no importance on quality of life)
What were John Locke’s views?
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
Enlightenment Ideas about Government
Individualism, equality, liberty, rights of property, & freedom of religion
Government by consent
Representative Democracy
Constitionalism
Social Contract Theory
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
What is in a Social Contract
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
What’s required for social contracts to work?
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
What are natural rights?
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
Due Process
Requirement that the government, when dealing with people, has a fair procedure that applies equally to all
Chamber
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
Declaration of Independence
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
Bill of Rights
The first 10 amendments to the US Constitution
It was ratified in 1791
It lists the citizens’ civil liberties and civil rights
Sovereignty
The principle that a government has the authority to manage its political affairs within its own geographical boundaries
Bicameral Legislature
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
Legislature
The official lawmaking body of a government
Habeas Corpus
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
Enumerated Rights
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
Ratification
Approval or confirmation
Direct Democracy
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
Enlightenment
A period of Western European history following the middle ages
The source of people’s ideas about natural rights
Political Spectrum
A way to classify political ideologies
The american political spectrum is
Primarily Liberalism (left) & Conservatism (right)
Scale - how much government control is wanted
How the Constitution incorporates Montesquieu’s views
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
What were Montesquieu’s views?
Less Democratic & Less Individual Liberty & Less Power with the People
Argued for Representative Gov. (not direct democracy)
Bill of Rights
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
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
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
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
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
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
Political Ideologies
Philosophies about the structure, power, and purpose of government
American political ideologies include
Progressive, Liberal, Moderate, Independent, Conservative, and Libertarian
Delegates
People given the authority to make decisions on the behalf of a group
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
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)
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
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
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
Powers of Congress (Managing States) under the Articles of Confederation
Settle disputes between states
Such as boundary disputes
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
Were there branches of government under A. O. C.
Only Congress (Legislative). No executive or judicial branches.
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
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
What was required to change the AOC?
There needed to be a unanimous vote of 13 out of 13 from the states
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
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
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)
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
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
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
Unicameral Legislature
A lawmaking body in the legislative branch that consists of only one chamber
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
Lower Chamber
The larger of the two chambers in a bicameral legislature
House of Representatives
Candidates elected by popular vote
Based on state size
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
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
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
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
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
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
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
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
Separation of Powers
In the united states, the three branches of government are legislative (House & Senate), executive (President & Vice President), and judicial (Supreme Court)
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
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
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
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
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
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
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
Political Ideologies
A consistent philosophy about the structure, power, and purpose of government
American political ideologies include - progressive, liberal, moderate, independent, conservative, and libertarian
Ratification
The action of signing or otherwise officially approving a treaty, contract, or agreement, making it legally valid
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
Levy
To demand payment of a tax
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
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
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
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
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
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
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
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
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
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
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
What Checks the Judicial Branch has over the Legislative (Congress) Branch
Declare the laws they made unconstitutional
Presides over impeachment trials in the Senate
What Checks the Judicial Branch has over the Executive Branch
Declare president’s acts unconstitutional
Bureaucracy
The complex organization of government departments and agencies that carry out the programs and enforce the laws of the national government
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
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
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
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
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
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
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
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
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
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)
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
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
Federalism: Role of National Courts
National Courts commonly resolve disputes between levels and departments of government
National & State conflicts are settled in federal courts
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)
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
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
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
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
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
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)
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
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
3 Types of Congressional Powers
Enumerated
Implied
Inherent
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
Who alone can access US Treasury or borrow on credit of the US
Only Congress
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
What is the US’s progressive income tax?
higher incomes pay a higher percentage
Where do bills for taxing begin?
In the House of Reps - no taxation without representation
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
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).
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.
The Budget Act of 1921 made the president responsible for what?
Sending an annual budget proposal to Congress
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
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.
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.
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).
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
Levy Taxes
impose and collect taxes
Committees
small sets of representatives tasked with considering, researching, introducing, and investigating particular policy areas
Appropriation Definition
a provision of money by Congress for the items requested in a budget
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
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
Pork-Barrel Spending
spending on often unnecessary local projects that benefit a specific member of Congress’s district or state
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
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.
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
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
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)
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
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
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
How often are new Party leaders picked in Congress?
Every 2 years
Majority party
the political party with the most seats in the House of Representatives or the Senate
Minority Party
the political party with the least number of seats in the House of Representatives or the Senate
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
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
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.
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
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
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
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
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
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
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.
What committees do Congress members want to be on?
Ones that will allow them to influence legislation in matters that concern their citizens
5 Types of Congressional Committees
Standing Committee
Select
Join
conference
Rules
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.
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.
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
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.
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
Is debate limited in the House of Reps?
it is usually limited
Is debate limited in the Senate
it’s unlimited- can use filibuster
but Senate can use cloture
Cloture
a tactic in the U.S. Senate where 60 members (three-fifths) of the entire Senate vote to end a filibuster
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.
US Census - how often?
A census is required to decide how many people each state hold - every 10 years
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.
How many seats are in the House of Reps?
435
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
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
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
Gerrymandering
the process of creating political advantage by re-drawing electoral districts, producing districts biased in favor of one particular political party
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.
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.
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.
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
Who is the chief diplomat
The President
Unilateral Actions - of President
where the president acts alone on important matters (is controversial)
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.
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
How many electoral votes does a president need to win?
270
What amendment limited the presidency to 2 four year terms?
22nd Amendment
Impeachment
is the act of charging a government official with serious wrongdoing; the Constitution calls this wrongdoing “high crimes and misdemeanors.”
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.
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)
Who calls congress into session when needed?
The president
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
Who nominates federal judges & makes appointments to fill military & diplomatic posts?
president
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.
Who is one of the most influential members of the president’s foreign policy team
National Security Advisor
What was created to help the president prepare the annual budget and to manage the program
The Office of Management & Budget
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
How did President James K. Polk increase the growth of presidential war power?
He sent troops to Texas’ border - starting the Mexican-American war
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
Executive Privilege
(the right to withhold information from Congress, the judiciary, or the public)
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
What Amendment paired the presidential candidate with a running mate?
12th
What act put the executive branch in charge of forming a budget?
Budget and Accounting Act of 1921
What are the president’s domestic Policy powers?
pardon/reprieves
power of removal
veto powers
executie orders
appointing federal judges
signing statements
What are the president’s national security, foreign policy and war powers
commander in chief
executive agreements (not treaties under US law)
Formal vs Informal Presidential Powers
Formal, Constitutional Powers
Informal, Powers of Persuasion & Negotiation
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
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
Can executive orders directly contradict or change existing law
no
What is a presidential power, similar to an executive order, used to manage various departments and agencies of the federal government
Executive Memorandum
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
Who can aggressively deploy U.S. military force (i.e., move military troops in response to a threat—usually outside the U.S.)
President
Who’s in charge of the US national security & intelligence agencies
president
What do presidents use when nominating/appointing Supreme Court Justices
Powers of Persuasion
What team has the new president consider existing executive orders?
Domestic Transition team
Who Briefs the new president on executive agreements - has him decide which to continue & honor?
Foreign Transition Team
Who oversees the president’s transition process, such as office assignments, information technology, and the assignment of keys.
General Services Administration
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
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
Does a president nominate new ambassadors
Yes, but it requires Senate approval
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
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
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
Original vs Appellate Jurisdiction
Original Jurisdiction - case heard for first time
Appellate Jurisdiction - case heard on appeal from a lower court
Why is the judicial branch mainly limited
They make decision & interpret things
But have no power to enforce its choices
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.
What is the middle Court level?
Circuit Courts (US Courts of Appeals)
Losing party can appeal to these courts
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
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
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
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
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
What is a decision made in one court case that is used to justify a decision made in a later case
Precedent
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
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
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
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
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
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
Why will the Supreme Court sometimes defer to other branches
If they think that it’s a political question
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
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
These are examples of what? personal injury, malpractice, divorce, family, juvenile, probate, contract disputes, and real estate cases.
Civil Law cases
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
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
What are employment discrimination or securities fraud examples of?
Civil Violation of Federal law - heard by national courts
What are “freedom of speech or the protection against cruel and unusual punishment” protected by?
Bill of rights - these cases heard by national courts
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
How many Federal District (trial) courts are there?
94 - at least one per state
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.
