Studied by 58 people
What historical event led to the downfall of the Articles of Confederation?
Shay's Rebellion
Why is James Madison considered to be the "Father of the Constitution?"
Through his Madisonian Model, he helped create the structure of our government
Describe John Locke's view on Social Contract Theory?
Individuals give up small measure of liberty for protection of government
What form of government allows people to select representatives for governing and making laws?
Representative Democracy
What was the purpose of the Bill of Rights
There was no protection from encroachment on individual liberty in the constitution
The US broke away from what great empire to be an independent country?
Great Britain
Why was taxation the central issue in the imperial rupture between the American colonies and Great Britain?
The continental issue of taxation posed the greatest threat of all to their freedom as individuals.
How many original states made up the United States of America?
13
In what year did the US declare its independence?
July 4, 1776
Describe the difference among elite, pluralist, and participatory in regards to types of democracy?
Participatory [Majority]: Emphasized broad and vast engagement of individuals and politics and civil society (tries to get everyone involved) James Wilson Pluralist: Group based activism striving for an impact on the political decision making process (groups involved trying to influence public affairs) James Madison Elite: Emphasizes limited participation in politics and civil society (privilege group of people making decisions for the people) Alexander Hamilton
What is a Authoritarian type of government?
Favoring or enforcing strict obedience to authority, especially that of the government, at the expense of personal freedom.
What is a Democracy type of government?
Political authority is vested in the people
What is a Communist type of government?
A socioeconomic system in which all property and wealth is owned in a classless society by all the members.
What is a Socialist type of government?
An economic system based on government's ownership of the means of production.
What is a totalitarian type of government?
One controls all aspect of political/social life
What was our first constitution called?
Articles of Confederation
What are key characteristics of the A.O.C?
Amendments require unanimity (all 13 states)- Lack of centralised military- No power to tax- No power to regulate commerce- No power to enforce treaties- Strong state governments and weak federal government
What was the most fundamental weakness of the A.O.C?
Amendments required unanimity (all 13 states) so not a lot could really get done
Who was named the president of the Constitutional Convention?
George Washington
American city was the Constitutional Convention held?
Philadelphia
Which of the original states did not attend the Constitutional Convention?
Rhode Island
The Virginian Plan included what key components?
Strong Central Government (by James Madison)- Bicameral (two houses) Congress- Proportional representation- Three-branch government
What did the Connecticut Compromise help to establish?
Lower house [House] with proportional representation- Upper house [Senate] equal representation
Describe the difference between the liberals and conservatives in regards to the political spectrum?
Conservatism: Holds onto traditional attitudes and values,and stresses the limitation of government to maximize individual freedom Liberalism: A political and social philosophy founded on ideas of autonomy and equality.
Describe the difference between loose and strict constructivism in regards to interpreting the US Constitution?
Loose:- Determine context and purpose- Historical and cultural scrutiny- Living document adapts to changes over time Strict:- Examines the letter of the law- Textual scrutiny- STATIC document that endures changes in time and culture
Explain the difference between the Federalists and Anti Federalist in regards to ratification debate?
Anti-federalist:- Reject charter- Wanted a weak central government- Wanted Bill of Rights and small republic Federalist:- Wanted a strong central government- Centralized power and large republic could protect nation and in as a whole- Didn't think Bill of Rights necessary
Identify how the executive branch of the US government checks the powers of the other two branches?
Executive check on judicial:- Has appointment power (chooses who is a judge)- Has enforcement power (can decide how much they want to enforce a judicial decision) Executive check on legislative:- Veto power- Pocket veto (refusal to sign a bill when Congress is out of session)- Impoundment power (refuses to use money put aside by Congress for a certain thing)
Identify how the judicial branch of the US government checks the powers of the other two branches?
Judicial check on executive:- Declare executive actions and orders constitutional or unconstitutional (judicial review) Judicial check on legislative:- Power of judicial review (Power of courts to decide validity of actions)
Identify how the legislative branch of the US government checks the powers of the other two branches?
Legislative check on executive:- Override vetoes- Impeachment power- Fiscal powers (executive branch can't spend money unless authorized) Legislative check on judicial:- Limit the court's ability to hear certain cases- Control salary
Who is a member of the executive branch?
President, vice president, cabinet, etc
Who is a member of the legislative branch?
Speaker of the House
Define the Privileges and Immunities clause?
Treat in-state and out of state citizens equally (this is where we get the idea of freedom of movement)
Define the Full Faith and Credit clause?
States have to recognize the laws, court decisions, and records of all other states
Define the Interstate Extradition clause?
Fleeing criminal or fugitive must be returned to the state where the crime was committed
What are examples of concurrent powers of the national and state government?
Taxation- Establish courts- Charter banks
What is the theme of Federalist no 10?
Dangers of factions
What is the theme of Brutus 1?
Constitution gives too much power to the federal government.
What is the significance of McCulloch v. Maryland?
Maryland could not tax the national bank; state law interferes with valid federal law- Secured for national government implied powers- Recognized Supremacy Clause
What is the significance of US v. Lopez
Congress may not use commerce clause to seize gun in school zone- Introduced new phase of federalism that recognized importance of state sovereignty and local control
Explain the difference between apportionment and redistricting?
Apportionment:The distribution of legislative seats based proportionally on the population of states or electoral districts. Redistricting:The redrawing of the boundaries of legislative districts for electoral purposes.
What is the 3rd amendment?
No quartering of soldiers
What is the 10th amendment?
Powers not given to the federal government are given to the states
What is the 14th amendment?
Granted citizenship to all who were natural born in the US
Characteristics of the Senate?
100 members- each state send two senators regardless of populationMin 30 years oldUS citizen for 9 yearsResident of the state they representServe 6-year terms
Characteristics of the House of Representatives?
435 members- state sends representatives according to census (minimum 1)Min 25 years oldCitizen of US for 7 yearsResident of the state they representServe two-year terms
What powers are exclusive to the Senate?
Ratify treaties by a two-thirds vote- Confirm or deny presidential appointments and nominations by majority vote- Selects Vice-President in case no majority of electoral votes or vacancy- Convenes as a court for trying impeached officials - a two-thirds vote convict and remove officials
House of Representatives purpose and membership?
Represent states based on population and help create laws
Senate purpose and membership?
Represents each state equally
How does a bill become a law?
It has to be passed by both houses, voted on, and the president has to sign off on it
How do bills become laws after they are sent to the President?
If the President approves of the legislation, it is signed and becomes law. If the President takes no action for ten days while Congress is in session, the bill automatically becomes law.
What speech is the President mandated to make each year?
State of the Union Address
Why did the Founders install the Electoral College?
To check the president from being a populist
How are the number of electors determined per state?
Number of electors equal to the whole number of senators and representatives for which the state sends to Congress
What presidential power grants authority to fill a government position?
Appointment power
What presidential actions is most likely to have the longest impact?
Filling of judges in the Supreme Court
What presidential power allows the chief executive to put aside of refuse to spend appropriate money by Congress?
Impoundment power
What is the most effective way for presidents to limit the power of Congress?
Through vetoing
What term is used to describe when the president does not sign bill while Congress is out of session?
Pocket Veto
What is Executive Privilege?
Withholding information from other branches of government
What is executive order?
A legally binding edict, or declaration, which has a legal force
What is an executive agreement?
Pacts between the president and foreign government with the same legal status as treaties, but no senate consent
What two acts are used to give president's emergency powers?
US v Curtiss-Wright Export Corp (1936) provides basis for emergency powers- National Emergencies Act (1976): grants presidents specific emergency powers
What is the difference between a czar and a cabinet member?
Czar:- An executive officer in charge of a particular policy issue.- They are not subjected to congressional approval.- President can fire at will.- Can spend money.- Congress appoints Cabinet Member:- Vice President and the heads of 15 executive departments carries out executive duties, gives advice, and participates in the Presidential line of succession.- President appoints- THEY HAVE TO BE APPROVED BY THE SENATE
What are the three functions of the Supreme Court?
It is a court law- It is the highest court in the land- It acts as guide for every judge and lawyer
How does judicial review plays a role in checks and balances?
It checks the decisions and laws passed by Congress or the President
Supreme Court justices base their decisions on what three things?
The existing legal precedents.- The argumentation of the two sides.- The judge's' reading of the Constitution.
What is a concurrent decisions?
Agrees with the decision, but disagrees with reasoning supporting the decision
What is a dissenting decision?
Believe case wrongly decided
What is a majority decision?
Official decision of court shared by more than half of justices
Since 1789, what has happened to the size of the federal bureaucracy?
It has increased
Explain the difference between civil servants and political appointees?
Civil Servants:- Earn government positions through merit system- Based on competitive examinations of their knowledge and skill set Political Appointees:- Gain government positions through spoil system- The political appointees represent the aristocracy
What is the Pendleton Act?
Federal Government jobs be awarded on the basis of merit
What is the theme to Federalist no 51?
James Madison talks about the need of separation of powers and checks and balances
What is the theme to Federalist no 70?
Alexander Hamilton talks about the need for a strong executive leader
What is the theme to Federalist no 78?
Alexander Hamilton talks about the need for a strong and independent judicial branch
What is the significance of Baker v Carr?
States must ensure equality among districts on the basis of population- Allowed federal courts to intervene in the drawing of legislative districts
What is the significance of Marbury v Madison?
Established judicial review
What is the significance of Reno v Shaw?
Made Gerrymandering illegal (meaning you can't redistrict based on race)
What was the 11th amendment?
U.S. courts cannot hear cases and make decisions against a state if it is sued by a citizen who lives in another state or a person who lives in another country
What was the 12th amendment?
Specifies the separate election of the president and vice president by the electoral college
What was the 20th amendment?
Moved the beginning and end of the terms of the president to avoid a lame duck period
What was the 22nd amendment?
Put term limits on the presidency as a result of FDR getting elected four times
What was the 25th amendment?
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.
What was the 27th amendment?
Limits the power of Congress to increase its own salaries
What is the core function of political parties?
Recruiting candidates, organizing and running elections, and presenting alternative policies.
How many electoral votes determines who wins the office of president?
270 out of 538
Who is responsible for selecting a president when there are not enough electoral votes?
House of Representatives
Who is responsible for selecting a vice president when there are not enough electoral votes?
Senate
Why did James Madison considered having multiple organization in the political system important for a democracy?
The multitude would protect minority interests.
The party platform is largely determined at what level of party organization?
National
Since 1975, how has US politics characterized campaigns as they relate to party and candidates?
•Campaigns become more candidate-centered, with parties acting in more of a supportive role.
Explain the difference between Democrats and Republicans in regard to the political spectrum?
Democrats:- Left of spectrum•Liberal and loose interpretation.•For minimum wage, progressive taxation, welfare programs, and women reproductive rights.•Oppose spending for the military, death penalty•Community and social responsibility. Republicans:- Right of spectrum•Conservative and strict interpretation.•For laissez-faire, free enterprise, fiscal responsibility, and military spending.•Oppose spending for social welfare programs and abortion.•Preserving tradition and values.
Explain the significance of Buckley v Valeo
Upheld public financing and contributions reporting requirements: Declared money as form of free speech protected by First Amendment.
Explain the significance of Citizens United v FEC
Ruled corporations and unions cannot be prohibited from promoting the election of one candidate; organizations have the same Constitutional protections as people.
Explain the significance of FreedomNow.org v FEC
FEC provisions over what people donate to FreedomNow.org violate first amendment- led to the creation of SuperPACs
What is the 15th amendment?
Gave African American men the right to vote
What is the 17th amendment?
Direct election of US senators (people decide)
What is the 19th amendment?
Gave women the right to vote
What is the 23rd amendment?
Allows Washington DC (District of Columbia) to have 3 electoral votes.
What is the 24th amendment?
Made poll taxes illegal
Note 
Flashcard (46)