Section 1
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Federalism Disadvantages
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Date created
Mar 1, 2020
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Section 1
(50 cards)
Federalism Disadvantages
¨ Can be inefficient because it requires cooperation between national and state governments ¨ difficulties when actions in one state cause problems in neighboring states ¨ not all citizens are treated the same. Some have access to better education, tuition, highway, medical.
Powers of government under the Articles of Confederation
o Power to borrow and coin money o Power to declare war o Power to make treaties and alliances with other nations o Power to regulate trade with the Native Americans o Power to settle disputes among other states
Amount of justices currentily serving on the supreme court
9
Loose Interpretation
▪ Based on the idea that the constitution gives the government the power to undertake various activities ▪ Ways that these goals are achieved can include many different methods ▪ Some advocate that the judicial activism based on loose interpretation of the constitution should be the role of the judiciary
Inherent Powers
power that must be assumed to exist as a direct result of the country's existence
Judicial Powers
▪ National courts to deal with national laws ▪ Judicial review- permits them to overturn laws passed by Congress and actions of the president or others in the executive branch that conflict with the constitution
Executive Orders
Formal orders issued by the president to direct action by the federal bureaucracy.
Expressed Powers
▪ These powers define jurisdictional boundaries within which the federal government has authority ▪ Ex: coin money, regulate interstate and foreign trade, raise and maintain armed forces, declare war, govern US territories, conduct foreign relations
Executive Powers
▪ Faithfully execute laws of the land ▪ Vice president become president if president dies ▪ Vice president is presiding officer of the senate- gets to vote to break a tie ▪ President is commander-in-chief of the armed forces and chief diplomate. He is responsible for the foreign affairs of the country
Leadership in the Senate
Vice president is the President of the senate President pro tempore is selcted by vice Then majority leader, minority leader, majority whip, andminority whip
New Jersey Plan
unicameral legislature (sttes have the same representation regardless of population) Each state equal representation Big States opposed
McCulloch v Maryland
o Broadened the interpretation of the constitution to permit congress to do more rather than less o Their decision relied on the broad interpretation of the necessary and proper clause in Article I (creation of a national bank. Maryland lacked the power to tax the bank)
Civil Court Cases
▪ Involve two or more private (non-government) parties, at least one alleges harm or injury committed by the other
Enumerated Powers
The powers explicitly given to Congress in the Constitution.
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
Redistricting
o If a state gains or loses House seats, it must redraw its district lines to accommodate the change
Weaknesses of the articles of confederation
national government lacked the power to raise an arumy (no national army) no power to impose and collect taxes Didn't possess power to regualte trade among different states
Criminal court Cases
▪ Governments establish rules and punishments for crimes committed
Reasons against ratifying the Constitution
▪ People didn't want to increase the powers of the national government at the expense of the states ▪ Didn't guarantee protection of individual liberties
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
Bill become law
o Bill is introduced and given to the appropriate standing committee o Bill is sent to the Rules Committee o Bill is debated in the House and Senate with the possibility of a filibuster in the Senate o Bill is voted upon by the House and Senate o Bill is sent to the conference committee to form one unified bill o Unified bill is sent back to the House and Senate to be voted on o Bill goes to the present for signature or veto. If Vetoed, Congress has ability to override veto
Contributors to social contract theory
o Thomas Hobbes- society isn't something natural and immutable, it is created by us. War of all against all. Physical Security. o Rousseau- World starts as good but population increases so do the inequalities, making it unstable. Freedom of choice. o Locke- The world is a relatively decent place where people are rational and mindful of the law. Quality of life.
Marbury v Madison
o This case clearly set the pattern of the judicial review o If they ruled against Marbury, the Court would appear to be giving in to the executive branch, if they ruled in favor of Marbury, the court had no way of forcing Jefferson and Madison to deliver the papers which would make them appear weak. The Court decided that Marbury was entitled to his appointment papers and that he had followed the prescribed legal procedures. The court avoided looking weak with their decision and very clearly established the principle of judicial review (judicial review means that the supreme court has the ultimate authority in ruling on constitutional matters)
Legislative
Congress (House of Representatives and the Senate)
Jurisdiction of State courts
▪ Hear day-to-day cases ▪ Civil and criminal ▪ Help states retain their won sovereignty in judicial matters over their state laws
Impeachment Process
1. House passes articles of impeachment by majority 2. Senate tries and 2/3 must convict
Virginia Plan
Bicameral legislature with two chamers with represntaiton based on population representation in proportion to size of population small states opposed
Judicial activism
An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court) loose interpretation
Federalism Advantages
o Ability of individual states to innovate in ways that they deal with problems o Government can pass a basic program for the country and states can add to it o Power is divided o Opportunity for individuals to participate more in the political system
Key elements of social contract theory
state of nature, natural rights, sovereignty, consensual political rule
Gerrymandering
Process of redrawing legislative boundaries for the purpose of benefiting the party in power.
Federalist #51
o Purpose ▪ A way to erase the fears of national government under the constitution would become too powerful and lead to a tyrannical government that would abuse its power and people ▪ Explain how the mechanisms of check and balances and separation of powers would prevent national government from abusing its increased power o Arguments ▪ Increasing the powers of the national government would not lea to an automatic abuse of power due to separation of powers and check and balances
Appellate Jurisdiction
▪ A court hears a case on appeal from a lower court and may change the lower court's decision ▪ For the most part, the Supreme Court is an appeals court, so it operated under this and hears appeals from the lower courts
Ant-Federalist's views
o Where are our liberties o Rural America, the south o Want to amend the articles of confederation o Feared power of national government o State legislatures could better protect freedoms o Power should be with the small, landowning farmers of average wealth
Legislative Powers
▪ Making Laws ▪ Deal with international trade and commerce between states ▪ Declare war on foreign countries ▪ Potential role in the selection of president if no majority votes
Sturcture of government under the articles of confereration
o Limit power of national government. Greater state sovereignty. Limited power of national government too much, too weak to function. Didn't have multiple branches.
Implied Powers
▪ Powers used by the national government that are not expressly written in the Constitution but that are assumed through interpretation ▪ Use an elastic clause which enables Congress to make all laws which shall be necessary and proper for carrying out its constitutional responsibilities ▪ Belong solely to the national government
Federalist #10
o Purpose: ▪ Address the fears of the Anti-Federalists who were suspicious of a government run by elites ▪ To inform the states that factions could be contained by a representative government ▪ To get more states to support ratification of the Constitution o Arguments ▪ No need to fear the power of factions because the diversity that 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 detrimental effects of factions. ▪ Having a representative form of government would allow the people to elect those of the highest minds to make decisions
Miller v Johnson
o Racial gerrymandering went before the court. Race can't be the dominant and controlling motivation for drawing congressional districts
Strict Interpretation
Stick to literal word meaning of the Constitution
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
Federalist's views
o Need large republic with strong central government o States have elections and senate o Supported the new constitution o Represented by the wealthy and elite o National defense and economic growth
Three Fifths Compromise
o Slave-holding states were allowed to count all their free population, including free African Americans, plus 60% (three-fifths) of their enslaved population. The North counted 60% of state's slave population for federal taxation.
Leadership in the House of Representatives
Every 2 years Select the Speaker of the House Then Majority Leader Then Minority Leader Then Majority and Minority whip
Goals of the articles of confederation
Limit the powers of the national government. Great state sovereignty
Stare decisis
o Let the decision stand o Judge is indicating that they are relying on the established principles and are often not willing to change them o A judge in a 2001 case rules unconstitutional a law that unduly limits a woman's access to abortion
Reapportionment
o the number of house seats is permanently fixed at 435. After a federal census, each state stands to gain or lose house seats because of population changes. Congress then reallocates the number of House seats to which each state is entitles.
Great Compromise
o between the Virginia and New Jersey Plan. Decided that it would be a bicameral legislature consisting of 2 chambers: Senate and House of Representatives. Each state has two senators regardless of size (New Jersey Plan). Representation in the house would be based on population (Virginia Plan)
Federalism
A system in which power is divided between the national and state governments
Reasons for ratifying the Constitution
▪ National defense ▪ Economic growth ▪ Trade ▪ tariffs
Section 2
(50 cards)
Civil Liberties
o if the government is supposed to leave you alone, then it's a liberty ex: speaking about government policy, exercise, religion
Habeas Corpus
Constitutional protection against unlawful imprisonment
Concurrent Powers
▪ Ex: federal and state levels can tax income, borrowing, making and enforcing laws ▪ Powers where both the national government and state government share authority
House number of Members
▪ number of representatives per state is proportional to a state's population 435
4th amendment
Freedom from unreasonable searches and seizures
Rights of the accused
¨ No quartering of soldiers without consent ¨ No searches or seizures without a warrant based on probably cause ¨ Indictment by grand jury ¨ No double jeopardy ¨ No self-incrimination ¨ Speedy and public trial ¨ Informed of the accusation ¨ Right to a lawyer ¨ Excessive bail prohibited ¨ No cruel and unusual punishment
Citizens United v Federal Election Commission
A 2010 landmark Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures. o There is no limit to how much money unions or corporations can donate to super PACs.
President nominated and elected
o File to run with state and national government o Create and manage 50 separate state organizations o Nominated at national party conventions o Start at state-level and compete against other candidates and win over a majority of the delegates o Your popular vote total determines the number of a state's national party delegates you'll get
5th amendment
The Right to Remain Silent/Double Jeopardy, right to due process
Senate number of members
100 (2 per state)
Reserved Powers
▪ 10th amendment was added to the constitution within the Bill of Rights stating the notion of states' rights providing the states reserved powers ▪ Reserved powers belong solely to the states ▪ The powers not delegated to the US by the constitution are reserved to the states or people ▪ Ex: each state has their own health rules, safety rules, marriage and divorce laws
13th amendment
abolished slavery
Jurisdiction of federal Courts
▪ Hear cases that involve a "federal question", involving the constitution, federal laws or treaties, or a federal party ▪ Hear both civil and criminal matters ▪ Hear cases that involve "interstate" matters, diversity of citizenship, or between US citizen and a citizen of another nation
19th amendment
Gave women the right to vote
No ex post facto laws
laws applied to acts committed before the laws' passage are unconstitutional
how the electoral college works
o Each state gets a certain number of electors based on its total number of representatives in Congress. Each elector casts one electoral vote following the general election There are a total of 538 electoral votes. The candidate that gets more than half (270) wins
House nonminated and elected
o Nominated in primary election and receive a plurality of the popular vote to win the primary election o Move onto general election and get a plurality of votes
14th amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws o granted citizenship and equal civil and legal rights to African Americans and slaves who had been emancipated after the Civil War
Privileges and Immunities Clause
▪ States are prohibited from discriminating against out-of-state residents by denying them such guarantees as access to courts, property rights, and travel rights
Public Interest groups
o promote public or collective goods. Promote interest for the collective or the greater good Ex: public safety
Hard Money
o contributed directly to a candidate which is heavily regulated and limited
Sot Money
o raised for purposes like party-building efforts, get-out-the-vote efforts, and issue advocacy ads.
Treason
Betrayal of one's country
Private Interest groups
seek particularized benefits from the government that favor either a single interest or a narrow set of interests. Ex: corporate tax breaks
Incumbents
Those already holding office. In congressional elections, incumbents usually win.
Inside Lobbying
Direct communication between organized interests and policymakers, which is based on the assumed value of close ("inside") contacts with policymakers.
No bills of attainder
you cannot be punished without a trial
House Term length
2 years
Rational Basis test
A standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest. ex: not allowing blind people to drive for public safety
Strict Scrutiny
A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal ▪ When fundamental freedoms or suspected classes are the targets of discrimination ▪ Burden of proof rests on the government ex: brown v Board
Outside Lobbying
A form of lobbying in which an interest group seeks to use public pressure as a means of influencing officials. ex: press release
Discimination
an unjustified negative or harmful action toward a member of a group simply because the person belongs to that group
24th amendment
Abolishes poll taxes
PACs
Political Action Committees, raise money for candidates &/or parties
Full Faith and credit Clause
Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state ex: driverse license valid in all states
Brandenburg V Ohio
1969--Determined that a law that proscribes advocacy of violence for political reform is constitutional if applied to speech that is not directed toward producing imminent lawlessness and is not likely to produce such action is not constitutional. Government can't punish speech
three levels of scrutiny
Rational Basis Test Intermediate Scrutiny Strict scruitiny
26th amendment
Lowered the voting age from 21 to 18
Intermediate Scrutiny
a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional ex: gender as the basis for discrimination
15th amendment
Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude
House of Representatives eligibility
US citizen for at least 7 years and at least 25 years old
Interest groups
Groups of people who work together for similar interests or goals attempt to influence goernment decision-making
Senate Eligibility
US citizen for at least 9 years and at least 30 years old
Super PACs
political action committees established to make independent expenditures o can't directly donate to campaigns BUT can fund advertising focused on a federal candidate—can't be connected to a candidate, campaign, or specific party
Win the general election
o Win the electoral college by gaining 270 votes. Each state's delegates vote for the candidate that gets the most votes in their state or area.
Civil Rights
o The basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability) is such settings as employment, education, housing, and access to public facilities o if the government is supposed to be doing something, then it is a right ex: vote and receiving assistance
Senate nominated and elected
They are now elected by popular vote following the ratification of the 17th amendment
Senate Term length
6 years
Gibbons v Ogden
Regulating interstate commerce is a power reserved to the federal government
Civil liberties
Constitutional freedoms guaranteed to all citizens o An expression of the social contract and are protected under the Constitution
Section 3
(44 cards)