Section 1
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Executive order
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Section 1
(50 cards)
Executive order
Executive orders provide direction to government agencies and deal with routine matters. In some cases, however, executive orders can be used to achieve policy goals in areas where Congress has been unwilling to act or is even opposed to the desires of the president. Executive orders, however, cannot directly contradict or change existing law.
Virginia Plan
Proposal to create a strong national government
Examples of Congress exercising its power under the Commerce Clause
Regulating trade between states, setting a federal minimum wage, prohibiting discrimination employment.
Federalist #10 (factions)
Elites can never take over rule of the government due to too many factions.
Several advantages and disadvantages of a federalist system
Advantages: States can innovate when dealing with problems States better designed to deal with needs of citizens States can add to national programs Separation of powers and system of checks and balances Offers opportunity for individual to participate more in the political system. Disadvantages: Inefficient Difficulties when states have conflicts Duplication of effort costly Not all citizens are treated the same
Duties of the President
1. Commander in Chief 2. Negotiate Treaties 3. Establish budget 4. Receive representatives of foreign countries 5. Execute laws faithfully 6. State of the Union 7. Veto 8. Nominating federal judges 9. Make appointments to military and diplomatic posts.
system of checks and balances
Constitutional system in which each branch of government places limits on the power of other branches
Separation of Powers
Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
Declaration of Independence (Enlightenment)
people have rights of life, liberty, and the pursuit of happiness
Recess Appointment Clause
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Articles of Confederation weaknesses
No executive, no judicial, no power to tax, no power to regulate trade
Federalist #51 (Madison)
Separation of powers, checks and balances
Miller vs. Johnson
Race cannot be the dominant and controlling factor for redrawing congressional districts.
Three-Fifths compromise
Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment). Bicameral congress.
Several checks the legislative branch has on the judicial and executive branches
Judicial: Senate must approve judges and justices Controls jurisdiction of the courts Determines size of Supreme Court House can impeach judges and Senate can remove them by two-thirds vote Executive: Can override a presidential veto by a two-thirds vote in both chambers Must approve treaties by a two-thirds vote in the Senate Control of funding activities of the executive branch Presidential nominees must be approved by the Senate Only Congress can declare war House can impeach the president or vice president and the Senate can remove them by a two-thirds vote
Powers of the President
Pardon/Reprieves, Removal, Line-item Veto, Executive Orders, Appointing Federal Judges, Signing Statements, Commander-in-chief, Executive Agreements, Rally around the flag affect, Persuade and drive public opinion, Negotiate, cut deals, make compromise privately
stare decisis
A Latin phrase meaning "let the decision stand." Most cases reaching appellate courts are settled on this principle.
Evolution of the presidency in the United States
1. Established 1787 2. Electoral College emerged as way to elect/re-elect president 3. Duties outlined in newly-formed Constitution 4. Impeachment built into Constitution - clear process for removal 5. Twelfth Amendment - Pairs Presidential candidate with running mate on a ticket 6. Budget and Accounting Act of 1921 - Executive branch put in charge of forming budget. 7. Twenty Second Amendment limits terms 8. Expansion of Duties - From Washington who formed first cabinet to now President contributes to office.
Articles of Confederation - Strengths
Provided direction for the Revolution, the ability to conduct diplomacy with Europe, and deal with territorial issues and Native American relations.
Constitutional Convention
A meeting in Philadelphia in 1787 that produced a new constitution
US Court System
US District Court, US Court of Appeals, US Supreme Court
Role of the census in the reapportionment and redistricting processes
Reapportionment occurs when census data indicates needed adjustments so a state is not paying too much or too little in federal taxes. Every state goes through reapportionment every 10 years. The census helps to determine the changes to its districts, taxes, etc.
Separations of Powers
The division of the federal government into three branches each with its own powers
Federalists
A term used to describe supporters of the Constitution during ratification debates in state legislatures.
Several powers held by the legislative branch
Tax citizens , Set the budget , Regulate commerce, Declare war, Provide advice and consent on appointments, Impeach individuals, Oversee the powers of the judicial and executive branches
Major contributors to social contract theory
Hobbes, Locke, Reasseau
Government Branches
Three sections of the US government: legislative, executive, and judicial. Each branch has powers that restrict the other branches powers.
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Ratifying the Constitution
Article VII, 9 out of 13 states had to agree, it was ratified at state conventions
Define reapportionment, redistricting, and gerrymandering
Reapportionment - Redrawing voting districts after a census Redistricting - The redrawing of congressional district lines within a state to ensure roughly equal populations within each district Gerrymandering - Process of redrawing legislative boundaries for the purpose of benefiting the party in power.
Congressional powers as either implied, enumerated or inherent
Enumerated: Taxation, budget authority, power to regulate, power to declare war, checks on other branches including advice and consent and impeachment. Implied: Power to oversee the other branches as well as reign in administrative agencies.
Original jurisdiction and appellate jurisdiction
Original jurisdiction, a case is heard for the first time Appellate jurisdiction, a court hears a case on appeal from a lower court and may change the lower court's decision
New Jersey Plan
The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.
Impeachment Process
Constitutional process for removing executive officers & judges for "treason, high crimes & misdemeanors" (whatever Congress thinks is impeachable). Two stages: (1) House decides to impeach (accuse) target (simple majority); (2) Senate holds trial to convict (2/3 majority). Andy Johnson and Bill Clinton were impeached but not convicted. Nixon resigned as Articles of Impeachment were being drafted!
Presidential Power Limitations
Presidential powers are limited when it comes to checks and balances when it comes to such things such as nominations since the Congress is the one that confirms those nominations. Usually most presidential powers are held in check by congress and likewise.
Bill of Rights (Enlightenment)
The first eight Bill of Rights
Define the three types of Congressional powers including implied, enumerated and inherent powers
Enumerated: Power stated in Constitution Implied: Not stated in Constitution but inferred Inherent: Assumed to exist as a result of the country's existance
Term limits for the President
2 terms or 10 years
Process of legislation and how bills become law
1. A bill is proposed 2. Introduced in house or senate 3. Passed to committee or subcommittee 4. Floor action: debate and voting 5. Conference committee resolves conflicting points. New version sent back for approval. 6. President can sign bill into law or choose to veto 7. If veto, congress can override veto by passing bill in house and senate by a 2/3rd majority. 8 YAY! New Law!
Enlightenment Influence on Constitution
Bill of Rights and the Second Amendment, Ninth Amendment
Social Contract Theory
We need food, clothing and shelter to survive and nothing should interfere with our ability to obtain them. We may also choose to believe in a god. The belief gives definition to our existance. Therefore it is important we define ourselves as individuals.
Several checks the executive branch has on the legislative and judicial branches
Legislative: Can veto legislation Can use executive agreements Can use executive orders Negotiates treaties (not Congress) Judicial: Nominates judges Power of pardon
Federal Judiciary
1787: Born under Article III 1789: Framework for basic structure laid 1803: Marbury v. Madison Judicial Review is born
Several checks the judicial branch has on the legislative and executive branches
Executive: Can overturn actions of the president with judicial review if the actions violate the Constitution Serve during good behavior to maintain independence of judiciary Legislative: Can overturn acts of Congress as unconstitutional if they violate the law Can influence laws by interpretation Serve during good behavior to maintain independence of judiciary
How are laws made and enforced using the separation of powers
Congress originates laws Judicial branch reviews laws for constitutionality Executive branch enforces laws
Anti-Federalists
Opponents of the American Constitution at the time when the states were contemplating its adoption.
Federal Judiciary Powers
Power to regulate interstate commerce Considers specific cases and narrower questions Often applies 'stare decisis' or letting a decision stand in ruling Decisions help reshape policies through rulings and interpretations applying to modern circumstances Will on occasion defer to other branches
Strict vs. Loose interpretation
Strict interpretation is when you go exactly by what the constitution says- Thomas Jefferson; loose is where you have more liberal views-Alexander Hamilton
Ways in which the legislative branch can engage in checks and balances with the other branches of government
Judicial: Senate must approve judges and justices Controls jurisdiction of the courts Determines size of Supreme Court House can impeach judges and Senate can remove them by two-thirds vote Executive: Can override a presidential veto by a two-thirds vote in both chambers Must approve treaties by a two-thirds vote in the Senate Control of funding activities of the executive branch Presidential nominees must be approved by the Senate Only Congress can declare war House can impeach the president or vice president and the Senate can remove them by a two-thirds vote
Purpose of congressional committees and describe several types
A committee is a smaller subset of representatives or senators that consider particular types of bill. Committees can be either long-standing or temporary. Committees serve political as well as lawmaking functions. Different committees: House Committee Resources Committee Foreign Relations has sub-committees on Europe and Africa Committee on Agriculture Committee on Energy
Section 2
(50 cards)
Express, Implied, Reserved, Concurrent
Express/Enumerated: These powers define the jurisdictional boundaries of the federal government as found in Article 1, Section 8 of the Constitution Implied: Powers used by the national government no specifically defined in the Constitution Reserved: Powers not delegated to the federal government fall within each state's rights to govern. Concurrent: Shared powers and functions between states and the federal government. Examples: Taxation, borrowing, making and establishing laws to establish court systems.
How the Thirteenth, Fourteenth, and Fifteenth Amendments helped to end slavery and grant equal protection and voting rights.
13th - Freed slaves 14th - Made African Americans citizens 15th - African Americans right to vote
How did Citizens United v Federal Election Commission impact campaign funding
The Supreme Court ruled against the decision in Citizens United vs Federal Election Commission because it violated the free speech of Corporations and Special Interest Groups
Fundamental Civil Liberties
Life, Liberty, Pursuit of Happiness
Describe the Civil Rights Act of 1964 and the Voting Rights Act of 1965
Civil Rights Act of 1964 - Outlawed discrimination based on race, color, religion, sex or national origin. Voting Rights Act of 1965 - Prohibits racial discrimination in voting.
Various factors that affect voter registration in the United States
Literacy test, attending university out of state, poll taxes
Struggles African Americans and other groups have faced in securing civil rights
Discrimination against race, gender, age, sex
Various strategies of interest groups
Their are private and public interest groups. Private seek particularized benefits while public interest groups attempt to promote public, or collective 'goods'. Goods are benefits tangible or intangible.
How does the electoral college work?
Each state determines how it will select its electors; electors then elect the president.
How are U.S. senators elected?
Declare Candidacy 'Out-Party' competition Win plurality in primary Campaign, raise money Make sure supporters vote Dissuade opposed to not vote Get undecided to vote for you
Nominating of Supreme Court Justices
Nominated by the President
interest group politics
Political activity in which benefits are conferred on a distinct group and costs on another distinct group
Civil Liberties
Constitutional freedoms guaranteed to all citizens
Events that led up to the Civil Rights Act of 1964 and the Voting Rights Act of 1965.
Legal victories such as Brown v Board of Education of Topeka, Browder v Gayle, Loving v Virginia, Jones v Mayer Co. set the stage for the Civil Rights Acts that would follow.
Jim Crow Laws
Laws designed to enforce segregation of blacks from whites
Factors that influence voter choice.
Ballot fatigue, straight-ticket voting, Retrospective voting, Prospective voting
Describe factors that decrease voter turnout.
Too busy, Transportation, restrictive registration laws
Define Interest Groups
Groups of people that shares points of view about an issues
How do interest groups compare to PACs and Super PACs
Interest groups are usually focused on one topic as PACs and super PACS are geared toward influencing the outcome of an election and are representative of multiple interest groups
Define civil rights.
Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals.
Voter registration requirements have historically disenfranchised African Americans.
Jim Crow laws were designed to discourage black voters from voting with poll taxes and white primaries
Number of Supreme Court Justices
Nine justices
How the 2nd, 3rd, 5th, and 7th amendments protect the privacy of citizens
2nd - Right to bear arms 3rd - No quartering of soldiers 5th - No double jeopardy 7th - Right to a civil trial
Supreme Court Powers
1) Interprets the Constitution and federal laws 2) declares a law unconstitutional, 3) settles disputes between states, 4) final appeals in court, 5) power of Judicial Review, 6) sets precedents
What must a candidate do to win the general election
The candidate must win the majority of the votes in the electoral college. The first candiate to 270 votes wins.
Significance and outcomes of the Civil Rights Movement
De jure segregation ended De facto segregation continues "White Flight" Still a racial wealth gap
Jurisdiction of federal and state courts
Exclusive State Jurisdiction - Matter not subject to federal jurisdiction. Concurrent Jurisdiction - (Federal questions), (Diversity of Citizenship) Exclusive Federal Jurisdiction - (Admiralty/Maritime Law), (Antitrust), (Bankruptcy), (Copyrights and Trademarks), (Federal crimes), (Patents), (Suits against the United States), (Other specified federal statues). When a case involving concurrent jurisdiction is brought by a plaintiff in federal court, the case remains in the federal court. When the case is brought to a state court the defendant can either let the case be decided in by the state or removed to a federal court.
Establishment Clause
Clause in the First Amendment that says the government may not establish an official religion.
Explain how voter turnout is measured.
Occupation, Income, Education, Age, Race, Gender,
Identify laws that protect against various forms of discrimination
Civil Rights act of 1957 and 1964, Voting Rights Act of 1965, Age Discrimination act of 1975. 13th, 14th, 15th, 19th, 24th and 26th Amendments
immunities clause
The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.
How Gibbons v Ogden and McCulloch v Maryland expanded the power of the national government through the necessary and proper clause's implication of expanded powers
The dispute was over the founding of a national bank. Over a 20 year period. The Supreme Court decided the National Government had the right to create a national bank. Federal government had the upper hand under the supremacy clause and ratified by the proper clause. This is an important cased to understand. The same goes for Ogden v Gibbons as the Supreme Court gave the federal government sole authority to regulate the licensing of steamboats operating in New York and New Jersey. Using the Supremacy Clause and implied powers it made this determination.
What must a candidate do to win the primaries
Align with committed partisans who are often of the ideological extreme.
Women's Suffrage
Women's right to vote
How are US Representatives elected?
Declare Candidacy 'Out-Party' competition Win plurality in primary Campaign, raise money Make sure supporters vote Dissuade opposed to not vote Get undecided to vote for you
Contrast civil rights from civil liberties.
If you believe the government is supposed to be doing something it is a right. If you believe the government should leave you alone it is a liberty.
Explain how women gained the right to vote with the Nineteenth Amendment
The nineteenth amendment held that the right to vote could not be abridged on the basis of sex rather than race.
How does the length of term for the house of representatives and senate affect performance
Due to its short 2 year term members of the House of Representatives are more responsive to their constituents where because of their 6 year term members of the senate can afford to step back from the heat of the issue and allow it to cool before taking a stance.
Discrimination
Behaving differently, usually unfairly, toward the members of a group.
Several strategies by interest groups to influence the actions of the government
Interest groups attempt to influence political outcomes by contacting government officials and politicians and trying to influence the general public.
Differentiate between safe and swing states
Safe states like the candidate. Swing states haven't decided which candidate they like.
voter registration
System designed to reduce voter fraud by limiting voting to those who have established eligibility to vote by submitting the proper documents.
Three levels of scrutiny
Race → inherently suspect [never allowed] Gender → intermediate standard [sometimes allowed {in terms of law}] Age, wealth, sexual orientation → reasonable (often allowed)
Free Exercise Clause
A First Amendment provision that prohibits government from interfering with the practice of religion.
Civil and criminal cases
What cases take place in the District Courts?
Defense of Marriage Act (DOMA)
(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage
Various types of interest groups
Interest groups exist in various sectors. Some of these sectors are: Finance/Insurance/RealEstate Ideology/Single-Issue Other Misc Business Health Communication/Electronics Lawyers & Lobbyists Labor Etc.
How presidential candidates are elected
Declare Candidacy 'Out-Party' competition Win plurality in primary Campaign, raise money Make sure supporters vote Dissuade opposed to not vote Get undecided to vote for you
Equal Protection Clause
Constitutional guarantee that everyone be treated equally-14th amendment
Identify the differences of the House of Representatives and Senate including eligibility, term lengths, and numbers of members.
House: 2 year terms Higher Partisanship Answers to constituents demands regularly Seeks narrow interest of smaller groups of constituents Disagrees with same party because of specific district demands Deals with popular/fleeting demands faster Requires stronger structured leadership Senate: 6 year terms Lower Partisanship Takes longer time before they answer to constituents (6 years) Maintains a broader view to retain majority support from constituents across the state Slows down or stops legislation Requires less structured leadership
Section 3
(20 cards)