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Flashcards in American Politics And US Constitution Deck (140)
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1
Q

Federalist argument in support of Constitution

A

Strong national government better for national defense and economic growth

2
Q

What concept was referenced when James Madison wrote “Ambition must be made to counteract ambition”

A

Separation of power and checks and balances

3
Q

The supreme court can declare actions by the executive branch unconstitutional

A

Judicial check on the executive branch

4
Q

Goal of new Federalism

A

Decentralize policy to enhance administrative efficiency and reduce overall public spending

5
Q

Major difference between articles of confederation and the constitution

A

Articles of confederation did not provide for a national judiciary

6
Q

Why did framers design the government under the articles of the confederation with a Congress

A

Wanted a government based the representation of the population

7
Q

Great compromise between the virginia plan and the new jersey plan established

A

A two-chamber congress (legislature) with equal rep in one chamber and proportional rep in the other

New jersey plan: give states with large and small populations equal representation
Virginia plan: establish a bicameral legislature

8
Q

Three-fifths compromise

A

Slave states count three-fifths of their enslaved population for the purpose of representation

9
Q

Who drafted the bill of rights and submitted it to congress

A

James madison

10
Q

Why did colonists oppose being taxed by Great Britain

A

They did not have elected representatives in the house of commons

11
Q

Presidential power under the Constitution

A

Appointing judges

12
Q

What protects against president using powers for personal gain

A

Congress can impeach a president

13
Q

22 ammendment

A

Established term limits for the president

14
Q

executive agreements

A

Establish agreements with foreign countries without congressional approval
- used in international relations

15
Q

Implied powers of Congress

A

Congress passes a law to raise minimum wage

16
Q

Individual members of Senate have more power than members of the house of representatives

A

There are less Senate members that House of Representatives members

17
Q

Equal proportions method of congressional appointment

A

Congressional districts are drawn in order to maintain similar numbers of voters in each district

18
Q

Process of bills becoming laws in congress

A

Bills change significantly through house and senate revisions

19
Q

Power reserved for states

A

Conducting elections

20
Q

10th amendment

A

Allows states to reserve powers

In the bill of rights to calm anti-federalist fears by reserving powers for the states

21
Q

Gibbons vs Ogden supreme court case

A

A loose constructionist interpretation of the commerce clause

22
Q

Marbury vs Madison case

A

Established principle of judicial review (supreme court decided they could deem a law unconstitutional)

  • argued only constitution can five supreme court original jurisdiction not congress
  • confirmed judiciary as seperate branch of government
  • established judicial review
23
Q

How many federal appellate courts exist in the US

A

13

24
Q

How many sitting justices are on the Supreme Court

A

9

25
Q

How do most states award votes in the electoral college

A

The candidate who wins the popular vote in the state gets all the electoral votes for the state

26
Q

12th amendment

A

Provides the separate election of the president and vice president
- needed because Jefferson (presidential candidate), and Burr received the same amount of electoral votes

27
Q

Campaign adds in primary elections

A
  • often try to raise name recognition of candidate
  • only mention their party
  • encourage people to vote
  • aimed at their party voters
28
Q

How are elections in the US Senate conducted

A

One-third of the Senate seats are up for election every two years

29
Q

What election cycle event allows local party members to select their delegates for a presidential election?

A

A caucus

30
Q

Federal Election Comission of 1970s

A

Ensure transparency in campaign financing

31
Q

Policy promoted by public interest groups

A

Funding for public schools

32
Q

True of interest groups but not of political parties

A

Interest groups are focused on a single issue

33
Q

Why is it difficult to measure the influence of interest groups?

A

They support law makers who would have likely supported the groups issues anyway

34
Q

Citizen’s United vs Federal Election Commission

A

Allowed super PACs to accept and spend unlimited amounts of money for or against political candidates

35
Q

Buckley vs Valeo

A

Spending on political campaigns constitutes political speech that is protected by the first amendment

36
Q

What type of person is far less likely to vote

A

Those with low income jobs

37
Q

What is required of states under the 1993 National Voter Registration Act? (Also known as Motor Voter act)

A

Requires states to let cotizens register to vote when they get their drivers liscence

38
Q

Voting decision representative of a voter casting a ballot based on a candidates previos vote on a tax cut

A

Retrospective

39
Q

Furman vs Georgia

A

A jury must be used to make factual determinations to base a death penalty on

40
Q

Miranda vs Arizona

A

Law enforcement officials must inform people suspected of crimes of their constitutional rights

41
Q

Mapp vs Ohio

A

Evidence obtained without a warrant that does not fall under the exception rule is not admissable

42
Q

6th amendment

A
  • a person can enter into a plea bargain to be convicted of a crime without a jury

Right to an attorney and a fair trial

43
Q

7th amendment

A

The rights of individuals engaged in civil disputes

Right to a trial by jury of ones peers

44
Q

Plessy vs Ferguson

A

Racial segregation by establishing the “seperate but equal” doctrine

45
Q

In what cases would the supreme court use the standard of strict scrutiny?

A

Cases that restrict fundamental rights of protected classes

46
Q

Brown vs Board

A

Plessy vs ferguson was deemed unconstitutional because it violated implied protection rights under the ninth amendment

47
Q

Free exercise clause of constitution

A

Freedom of religion

48
Q

Cohen vs California

A

Symbolic speech to express political opinions is constitutionally protected

49
Q

Texas vs Johnson

A

Flag burning is constitutionally protected political speech

50
Q

Gillette vs United States

A

A person must be opposed to all wars and not just a particular war to claim conscientious objector status

51
Q

Obergefell vs Hodges

A

A right to Same sex marriage

Same sex married couples have the same rights as other couples

52
Q

Roe vs Wade

A

Privacy that protects a womans right to terminate a pregnancy

53
Q

19th amendment

A

Women have the right to vote

54
Q

The freedom of informations Act

A

Requirement that the executive branch provides information to private citizens and news outlets

55
Q

Principle of prior restraint

A

The government can prevent some information from being published if it affects national security

56
Q

Presidents use mandates after an election to

A

Use public support to implement campaign promises

57
Q

Bandwagon effect on american politics

A

News media agencies provide more coverage of candidates leading in polls

58
Q

Powers Of Congress/ Legislative Branch (7)

A

Enumerated Powers:
- tax citizens
- borrow and coin money
- regulate commerce
- declare war
- give advice and consent
- impeach president and judicial officials
Implied Powers:
- oversee powers of judicial and executive
- example: Congress passes a law to raise minimum wage

59
Q

3 Types Of Powers

A
  • Enumerated (power stated in the constitution)
  • implied (not stated in the constitution but implied as necessary)
  • inherent (assumed to exist as a result of a countrys existence)
60
Q

Congress Oversight

A
  • Right to review and monitor other bodies of government
  • is not an enumerated power, but is implied in Article 1
  • implied power
61
Q

Necessary and Proper clause

A

Congress must make laws which benefit the country, such as changing minimum wage, regulating banks, and allowing the construction and maintenance of interstate highways

62
Q

Commerce clause power of Congress

A
  • commerce can “regulate commerce with foreign nations, states and indian tribes”
  • requiring bus lines serve all customers equally
  • very broadly interpreted, forming much of congresses modern day economic regulation
63
Q

Federal income tax:

A

Required the ratification of a constitutional amendment, after the supreme court ruled that a previous attempt to tax income was unconstitutional

64
Q

Major difference between congressional budget committees and appropriations committees

A

Budget committees set overall spending limits, appropriation committees recommend specific fund allocation

65
Q

Power over war and Peace

A

Shared by president and both houses of congress

66
Q

Impeachment

A

A formal accusation of treason, bribery or other high crime/ misdemeanor made by the House before a trial is held in the senate

Process: House investigates an offense

  • majority vote, impeached
  • senate holds trial
  • majority vote, impeached
67
Q

Checks and Balances

A
  • Each branch can restrain the others through a system of shared powers
68
Q

Enumerated powers of congress that are responses to weaknesses in the articles of the confederation

A

AoC could not establish common currency or promote and regulate trade between states

  • power to regulate commerce
  • exclusive power to coin money
69
Q

Alexander Hamilton

A

Wanted a very powerful presidency, founding fathers wanted a president powerful enough to lead in an emergency

70
Q

Why do presidents give state of the union message?

A

The message is required by the constitution

71
Q

Evolution of presidency in the US

A
  • 1787 established a Presidency
  • electoral college as a way to elect and re elect
  • constitution defines duties
  • impeachment process built in to constitution
  • 12th ammendment pairs a candidate with a running mate
  • 1921 budget and accounting act, executive branch forms a budget
  • 22nd ammend limits pres to 4 years, 2 terms
  • expansion of duties: each president contributes to the office
72
Q

Why do presidents have a lot of power?

A

Because of the power and size of the US

73
Q

Presidential power to block legislation

A

President has power to veto legislation but congress can overide the veto

74
Q

Presidents who were subjected to impeachment

A

Andrew Johnson, Bill Clinton, and Donald Trump (all were impeached but none were removed from office)

75
Q

Splitting the Congressional vote

A
  • big states avoid splitting their votes

- maine was first nebraska was second

76
Q

Monroe Doctrine

A

Discouraged European powers intervening in the affairs of Western hemisphere nations

77
Q

Executive Privelege

A

President can withold information from congress

78
Q

State of the Union Address

A

Constitution requires it

79
Q

Evolution of federal judiciary

A
  • federal judiciary is created in article 3 of constitution
  • judiciary act first session of congress laid the framework for basic structure
  • marbury vs madison develops judicial review
80
Q

Powers of Federal Judiciary

A
  • interepret the law
  • determine constitutionality
  • apply law to individual cases
81
Q

Original jurisdiction and appellate jurisdiction

A
Original = court has the right to hear the case first
Apellate = court hears a case from original

Appellate jurisdiction ex: a law alleged to violate constitutions protection of free speech

82
Q

McCulloch vs Maryland

A

Determined that the line “necessary and proper” allowed congress to establish a national bank

Established a loose, constructionist view of the necessary and proper clause

83
Q

Stare decisis

A

Requires courts to follow historical cases when making a ruling on a similar case

Precedent: principle or rule established in an earlier court case

The supreme courts precedents are treated as established law

84
Q

Strict vs loose interpretation

A

Strict is to follow exactly how the constitution states it, loose is to interpret the text

85
Q

Judicial activism

A

Courts should go beyond the constitution to consider societal implications of decisions

Opposition: the intrusion into democratic politics of unelelected, and therefore unaccountable, judges

86
Q

Dickerson vs United States

A

Supreme court ruled that congress could not override miranda ridea

87
Q

Supreme court is limited by

A

The need for the other branches or states to carry out their decisions

88
Q

Powers (4)

A

Expressed (in constitution)
Ex. Congress is given authority to determine rules for military in article 1 of constitution

Implied (not stated but implied in constitution)
Ex.congress decided it was within authority to create a national bank

Reserved (individual state powers)
Ex. It is faster to get a marriage license in nevada than in maryland

Concurrent (state and federal)
Ex. You pay federal and state taxes

89
Q

Supremacy Clause

A

Limit state power

Ensures that the national government remains the supreme authority

Constitutional act of congress trumps state legislature

90
Q

Full Faith and Credit Clause / Priveleges and immunities clause

A

Clauses that seek to limit the power of the states

91
Q

Missouri vs Holland

A

A states hunting laws could not supersede the federal laws on hunting. Exercise of the supremecy clause

92
Q

Civil Rights

A
  • requirements for governments to act in a particular way
  • part of a social contract by definition
  • expectations for how government must treat us
93
Q

Civil rights vs civil liberties

A

Civil liberties are rights provided by the constitution, civil rights are rights granted to protect people from discrimination

94
Q

Discrimination

A
  • the differential treatment of groups based on their characteristics
  • is allowable by courts if it has a rational reason
95
Q

13th, 14th, 15th, 19th, 24th, 26th ammendments

A

13- abolition of slavery
14 - states must respect the privileges and immunities of US citizenship and citizenship of newly freed slaves
15 - voting rights of racial minorities
19 - right of women to vote
24-you can vote even if you dont pay taxes
26 - right of 18+ yos to vote

96
Q

16th ammendment

A

Income tax

97
Q

ADEA vs Age Disrimination Act of 1975

A

Adea prohibits employment discrimination, Age of discrimination protects from discrimination in places recieving federal funding

98
Q

ADA and the Rehabilitation Act of 1973 (section 504)

A

Require reasonable accomodations with those who have in employment and education

99
Q

Civil Rights Act of 1964 prohibits descrimination based on

A

Of Race, color, national origin, sex and religion

In public accompdation and education

100
Q

Fair housing act prohibits descrimination based on

A

Race, national origin, and religion

101
Q

Voting rights act of 1965

A

Supports 15th and 24th amendments

102
Q

Civil liberties derived from bill of rights

A

Things the governemnt arent allowed to do

103
Q

Difference between civil liberties and civil rights

A

Civil liberties are the protections from the governments, civil rights are protections by the government

104
Q

What types of cases would supreme court use the rational basis test?

A

Cases involving discrimination that do not involve protected classes

105
Q

Brown vs Board of Education in Topeka

A

Segregated educational institutions violated the equal protection clause of the 14th ammendment

106
Q

Gideon vs. Wainwright

A

Poor defendants must be provided legal counsel

107
Q

Lemon vs Kurtzman

A

Supreme court rules pennsylvania program that helped fund salaries of parochial schools unconstitutional because it violated the establishment clause due to excessive government entanglement with religion

108
Q

State of Board Education vs Barnette

A

A school cannot force a student to salute the flag if its against their religion

109
Q

Miller vs California

A
Standards of obscenity
The miller obscenity test
- is overtly sexual
- sexual conduct of excretions
- lacks artistic, scientific, or political values
110
Q

Supreme court lemon Lemon test

(Whether a law promoting a particular religious practice should be allowed to stand)

A
  • law must have a secular purpose
  • must not lead to government entanglement with religion
  • must neither inhibit not advance a religious practice
111
Q

United states vs miller

A

Congress can regulate firearms that are not regularly used by the military because of an interpretation of the second amandment clause “well regulated militia”

112
Q

Griswold vs conneticut

A

Married couples have the right to buy and use birth control

113
Q

Effect of the census on congress

A

Called apportionment: representation in the House based on census

114
Q

Congressional appropriations committees

A

-

115
Q

States power to tax

A

Concurrent power

116
Q

Why does the president make recess appojtments?

A

To fill cabinet vacancies while bypassing senate approval

117
Q

US court system

A

A dual system with a federal court system and courts in each state

118
Q

4th ammendment

A

You need a warrant to search a house, and you cant take person property

Protection from search and seizure

119
Q

1st Amendment

A

Freedom of religion, speech, press, assembly, and petition

120
Q

2nd Ammendment

A

Right to own weapons

121
Q

3rd Ammendments

A

Cant be forced to keep soldiers in your home

122
Q

5th ammendment

A

People accused of crimes get fair treatment

123
Q

8th amendment

A

Prevents excessive bail and cruel and unusual punishment

124
Q

The principles underlying the declaration of independence were rooted in the writings of

A

John Locke

125
Q

Social Contract Theory

A

Idea that consent on the part of those that are governed

126
Q

Central organizing principle of articles of the confederation

A

State sovereignty

127
Q

Conference committee

A

Legislators from both chambers (house and senate) create a compromise version of a differing bill

128
Q

Judicial restraint

A

Judges defer their own power to elected officials (limit their own power)

129
Q

Executive agreement

A

Foreign policy the president makes, must be approved by senate

130
Q

What presidential power is virtually unchecked?

A

Power to pardon people of federal crimes

131
Q

Incumbancy advantage

A

Standing political figure has an advantage over challengers

132
Q

Cohen vs california

A

“Fuck the draft” jacket

Free speech can only be restricted under extreme circumstances

133
Q

Cultivation theory

A

Exposure to media, over time creates a viewers perceptions of reality

134
Q

Enumerated powers of congress

A

Power to declare war and regulate interstate commerce

135
Q

Executive agreement

A

Only president and and foreign leader need to approve an executive agreement

136
Q

How are number of electoral votes calculated?

A

Number of representatives and senators serving each state

137
Q

Disadvantage of our current presidential primary process?

A

The media focuses on candidates who do well early on in the process, influencing the outcome of future primaries

138
Q

Citizens United vs FEC

A

Opened the door for corporations to spend unlimited amounts of money on behalf of candidates (but not direct give to them)

139
Q

Strict Scrutiny

A

The process the supreme court would use if african american student believed an admissions test was unfairly stacked against them

140
Q

Horserace journalism

A

Focus on polling data and public perception instead of actual policy