factoids Flashcards

1
Q

article 1

A

congress

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2
Q

article 2

A

president

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3
Q

article 3

A

supreme court

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4
Q

enumerated powers

A

powers delegated to the federal government in the constitution

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5
Q

implied powers

A

powers possessed by the federal government by inference from its enumerated powers

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6
Q

reserved powers

A

powers not delegated to the federal government or prohibited to the states are reserved for the states and the people

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7
Q

concurrent powers

A

powers possessed by both federal and state governments

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8
Q

bicameral

A

Congress is bicameral: it is made up of two houses

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9
Q

number in the house

A

435

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10
Q

number in the senate

A

100

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11
Q

Hastert rule

A

speaker of the house not to allow a vote on a bill unless it has the support of the majority of the majority party

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12
Q

home-style

A

A congressman/ senator who is part of the community and constituency they represent. involve themselves. style themselves as one of you/ regular person

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13
Q

Hill-Style

A

Pursue goals in Washington not necessarily related to constituency: personal goals (higher roles/ promotion) and political/legislative goals.
focus on deals/ alliances/ power dynamics > what their constituency wants

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14
Q

trustee model

A

Member of congress entrusted to act how they think is best > exactly what is wanted/ asked for

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15
Q

delegate model

A

Member of congress does exactly what their constituency wants/ purely representational

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16
Q

DACA

A

2012

17
Q

DAPA

A

2014

18
Q

original jurisdiction

A

Case goes straight to the supreme court if one party is an ambassador/ other public minister or council/ state

19
Q

appellate jurisdiction

A

all cases which aren’t original jurisdiction. must appeal to be brought to the supreme court.

20
Q

impeachment rules for judges

A

hold their office in ‘good behaviour’

21
Q

origination of power of judicial review

A

Marbury v Madison 1803

22
Q

stare decisis

A

to stand on the decision

SC must respect precedents that they have set

23
Q

mootness

A

will hearing the case/ making a decision have any real affect?
eg. has too much time passed since initial case that it makes no difference?

24
Q

ripeness

A

are the issues of a case ready for review?

25
Q

the nine members of the SC court

A
Breyer
Ginsburg
Sotomayor
Kagan
Roberts
Alito
Kavanaugh
Gorsuch
Thomas
26
Q

how long was the Scalia vacancy

A

293 days

27
Q

the nuclear option

A

allows senate to override filibuster with simple majority rather than 2/3. Basically removes the possibility of filibuster over certain areas.
eg. Exec. banch nominations and SC nominations

28
Q

activist court

A

uses judicial review more often; more politicised; overturning legislation and executive actions

29
Q

judicial restraint

A

judges limit the exercise of their own power.
don’t strike down legislation unless explicitly unconstitutional: do not have mandate/authority to act as policy makers.
should not base decisions on a source of authority outside themselves and what they think is just

30
Q

Originalism

A

the constitution has a fixed and knowable meaning

31
Q

original intent theory

A

meaning of the constitution should be consistent with what was meant by those who drafted and ratified it: the founding fathers

32
Q

constitution year of ratification

A

1787

33
Q

original meaning theory/ textualism

A

interpretation of constitution should be based on what reasonable persons living at the time who voted to adopt it would have thought the meaning to be

34
Q

Living constitution

A

the constitution has a dynamic meaning and contemporaneous society should be taken into account.
written in broad and flexible terms in order to create a ‘living’ document.
contemporaneous reading > historical one

35
Q

amicus brief

A

briefs which advise the court on relevant information/ arguments they may wish to consider