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141 Terms

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3/5 Compromise (Const.1.2.3.)

a pivotal agreement at the 1787 Constitutional Convention where Southern states wanted to count enslaved people for representation, while Northern states resisted; they settled on counting "three-fifths of all other Persons" (slaves) for both congressional apportionment and direct taxation, significantly boosting Southern political power by adding to their population counts without granting slaves any rights, and it remained until the 14th Amendment abolished slavery after the Civil War

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the amendment process (Const.Article 5)

an amendment can be proposed in two ways: by a two-thirds vote of both the House and Senate, or by a national convention called for by two-thirds of the states - once proposed, an amendment must be ratified by three-fourths of the states, either through their state legislatures or by special state conventions

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Americans with Disabilities Act of 1990: requirements and responses

bans disability discrimination in employment, government, public spaces, transport, and telecom, requiring equal access and reasonable accommodations (modifications to help individuals with disabilities perform essential functions, unless it's an undue hardship) for qualified individuals with disabilities, enforced by agencies like the EEOC and DOJ - responses involve providing ramps, accessible restrooms, job aids, relay services, and ensuring inclusive policies, while defining disability broadly to include physical/mental impairments limiting major life activities

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Antifederalists’ fears

Anti-Federalists feared the new Constitution created a too-powerful central government that would overpower the states, threaten individual liberties (lacking a Bill of Rights), and lead to an aristocracy or even monarchy through a strong presidency, ultimately making government distant and unresponsive to the common people

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passing laws under the Articles of Confederation (1781)

  • confederal government; weak- Congress not given many powers

  • unicameral legislature: “The United States in congress assembled…”

    • each state = 1 vote

    • 2-7 delegates per state

    • unanimity to amend

  • no executive / no judicial

  • “…a firm league of friendship with each other…”

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Shays’ Rebellion highlights weaknesses in the Articles of Confederation (1781)

the events of Shays' Rebellion demonstrated that the national government was too weak to manage the nation's affairs, maintain domestic order, or address economic crises effectively, which provided a major impetus for calling the Constitutional Convention in 1787 to create a stronger federal government

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bicameralism

a governmental system where the legislature is divided into two separate chambers (like the U.S. House and Senate or UK's Commons and Lords) to create checks and balances, ensuring laws are thoroughly debated, preventing hasty decisions, and representing diverse interests, often by population (lower house) and regions/states (upper house)

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Bill of Rights = the First 10 Amendments (1791)

the Bill of Rights is the first 10 Amendments to the Constitution - it spells out Americans' rights in relation to their government - it guarantees civil rights and liberties to the individual—like freedom of speech, press, and religion

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Brutus #1 (1787) and its concerns over the power of the new government

  • Constitution gives too much power to central government

    • Necessary and Proper Clause

    • Supremacy Clause

  • Federal Government can (and might) do away with State Governments

  • Standing Army in peacetime is a destruction of liberty

  • once you give up power the only way to get it back is by force: “many instances can be produced where the people have voluntarily increased the powers of their rulers; but few, if any, in which rulers have willingly abridged their authority”

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categorical grants

are federal funds given to state/local governments for a specific, narrow purpose, with strict guidelines on how the money must be spent, like WIC nutrition or specific environmental programs

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classic examples of Checks & Balances

the President's veto power over Congress's laws, Congress's ability to override vetoes, confirm appointments, and impeach officials, and the Judiciary's power of judicial review to declare laws or acts unconstitutional, all ensuring no single branch becomes too powerful

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why the Founders wanted Checks & Balances

primarily to prevent the concentration of power and safeguard against tyranny

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the Commerce Clause (Const.1.8.3) & its restriction under United States v. Lopez (1995)

Congress may not use the commerce clause, Article I Section 8, to make possession of a gun in a school zone

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concurrent powers

governmental authorities shared by both federal and state governments in the U.S., allowing them to act simultaneously in areas like taxing, borrowing money, building roads, establishing courts, and creating criminal laws, reflecting American federalism and enabling shared governance, though federal law prevails in conflicts

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confederation

a union of sovereign states or groups that join for common purposes (like defense or trade) but retain most of their self-governance, with a weak central authority that relies on member states for enforcement, unlike a stronger federation where power is shared with a central government

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The Constitution (1787) — an outline for government and a document of compromise (DoI)

  • outlines the structure of the government

  • three branches of government

  • relationships between states (Full Faith and Credit; Privileges and Immunities)

  • amendment process

  • relationship between the federal government and the states (Supremacy clause)

  • 27 Amendments (including the Bill of Rights) from 1791 to 1992

  • “We the People…”

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contractual justification for revolt (DoI)

primarily rooted in the social contract theory, a political philosophy arguing that government authority is conditional on its protection of individual rights

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cooperative / marble cake / picket-fence federalism

a system where federal and state governments work together, sharing responsibilities and resources to implement policies, blurring traditional lines between them, often using federal grants and mandates to influence state action in areas like infrastructure, healthcare, and environment, contrasting with the separate spheres of dual federalism

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Declaration of Independence (1776), political philosophy & grievances

  • influenced heavily by John Locke

    • consent of the governed

    • limited government

    • social contract theory

  • declared independence from Britain (largest part of the document is the list of grievances)

  • “we hold these truths to be self-evident, that all men are created equal.”

  • identified the Natural rights: “among these are Life, Liberty, and the pursuit of Happiness.” and it is the gov’ts job to protect them

  • written “to a candid world”; this is the true audience (Spain, French, the Dutch)

  • claim of sovereign powers: “as Free and Independent States, they have have pull Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do.”

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delegated / expressed powers

specific authorities transferred from a higher body (like a national legislature) to a lower one (like an executive agency or individual), allowing them to act on its behalf, as seen with the U.S. Congress granting agencies power to create regulations or the President assigning tasks to cabinet members; these powers are distinct from inherent or reserved powers and are crucial for governmental function, balancing broad legislative intent with practical, specialized execution, though subject to constitutional limits and judicial review

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implied powers (Const.1.8.18)

governmental authorities not explicitly listed in the U.S. Constitution but are considered necessary for the federal government to carry out its enumerated (express) powers, stemming from the Necessary and Proper Clause (Elastic Clause) - these flexible powers allow Congress to adapt to new situations, like creating a national bank (as established in McCulloch v. Maryland) or regulating interstate commerce, ensuring the government can function effectively beyond what the framers foresaw, though their scope remains a subject of debate

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Elastic / Necessary and Proper Clause (Const.1.8.18)

grants Congress implied powers to make all laws "necessary and proper" for executing its enumerated powers, allowing the federal government flexibility to adapt to changing times, famously establishing that Congress can do what's convenient or helpful, not just strictly essential, as seen in cases like establishing a national bank

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Elite Democracy

a political theory where a small group of wealthy, educated, or influential individuals holds disproportionate power in decision-making, arguing they are best equipped for complex governance, contrasting with direct citizen involvement, and often seen in systems with filtered representation like the U.S. Electoral College, though critics worry it breeds inequality and disconnects rulers from the public

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Participatory Democracy

a model where citizens actively engage in decision-making processes beyond just voting, influencing policy and resource allocation directly or in partnership with representatives, aiming for more responsive, transparent, and equitable governance by empowering residents and building trust through processes like citizens' assemblies, public forums, and digital platforms

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Pluralist (a.k.a. “Groupist”) Democracy

a model of democracy in which political power is distributed among multiple, competing groups and organizations, rather than being concentrated in a single elite or the general public

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definitions of Federalism

a principle or system of government in which several states form a unity but remain independent in internal affairs

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examples of Federalism

block grants, funds from the federal government allocated to the states, with less federal oversight and control over how the states use the funds to address policies or implement programs

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advantages of Federalism

promoting policy, accommodating diverse viewpoints, encouraging political participation, and protecting against government tyranny

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Federalist #10 (1787) and how to control factions

  • part of a direct rebuttal to Brutus #1 (and other anti-federalist concerns)

  • factions are inevitable

  • Large Republic is the best form of government to address and control the problems of factions

  • where faction comes from: “the most common and durable source of factions has been the various and unequal distribution of property,”

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Federalist #51 (1788) and the division of powers into “department” (i.e., branches)

  • power is divided between three branches of government

  • power is divided between national / state government

  • Checks and Balances

  • all of these keep power from becoming too centralized- prevent one person / one group from taking over the government

  • “If men were angels, no government would be necessary. …”

  • “…you must first enable the government to control the governed; and in the next place oblige it to control itself.”

  • “ambition must be made to counteract ambition. the interest of the man must be connected with the constitutional rights of the place.”

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Federalist vs. Anti-Federalist viewpoints and methods

Federalists advocating for a strong central government and Anti-Federalists fearing a powerful, potentially tyrannical federal authority that would threaten individual liberties and states' rights

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fiscal federalism and states’ attitudes towards it

fiscal federalism concerns the division of taxing and spending powers among different levels of government - states generally prefer greater fiscal autonomy and view federal aid as a mixed blessing, often welcoming the funds but opposing the associated federal influence, mandates, and perceived inefficiencies

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Full Faith and Credit Clause (Const.4.1.1)

requires states to respect the public acts, records, and judicial decisions (like court judgments, birth certificates, marriages, and driver's licenses) of other states, promoting national unity and preventing legal chaos

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John Locke

an English philosopher and physician, widely regarded as one of the most influential of the Enlightenment thinkers and commonly known as the "father of liberalism"

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Thomas Hobbes

an English philosopher and a key figure in the development of modern political philosophy - he's best known for his 1651 book Leviathan, which established a social contract theory and helped solidify the idea of absolute sovereignty for the modern nation state

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Montesquieu

a French judge, intellectual, historian, and political philosopher - he is the principal source of the theory of separation of powers, which is implemented in many constitutions throughout the world

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linkage institutions (parties, interest groups, elections, media)

the vital channels (like political parties, elections, interest groups, and the media) that connect ordinary citizens to their government, allowing people to express preferences, voice concerns, and influence policy-making in a democracy

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McCulloch v. Maryland (1819), the power to tax, the supremacy clause, and the elastic clause

used the supremacy clause from Article VI of the Constitution to affirm the supremacy of the federal government and the US Constitution over the states and the state laws

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natural / inalienable / self-evident rights (DoI)

inherent, universal rights that people possess simply by being human, existing before government, and not granted by any authority, famously defined by John Locke as life, liberty, and property, later expanded by Thomas Jefferson to include "the pursuit of happiness," forming the basis for modern human rights and influencing foundational documents like the U.S. Declaration of Independence

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the Northwest Ordinance of 1787 and its influence on The Constitution (1787)

the Northwest Ordinance of 1787 profoundly influenced the U.S. Constitution by establishing a successful model for orderly territorial expansion and statehood, guaranteeing fundamental rights (like religious freedom, habeas corpus, jury trial) that foreshadowed the Bill of Rights, banning slavery in the new territory, and strengthening federal power over western lands, setting precedents later solidified by the Constitution's framework for governance and union

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order vs. liberty

centers on the tension between individual freedoms and the need for societal stability, security, and structure; it's a fundamental challenge in governance, asking how much personal liberty should be limited for the common good, with "ordered liberty" suggesting a balance where freedom thrives within a lawful framework, preventing chaos (too much liberty) or tyranny (too much order)

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ratification vote necessary to adopt the Constitution (Const.Article 7)

nine of the thirteen states needed to ratify it through special state conventions, as specified in Article VII, with New Hampshire being the ninth state in June 1788, making it the law of the land, though all states eventually ratified it

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“representative democracy”

a system of government in which citizens elect officials, known as representatives, to make political decisions, create laws, and set policies on their behalf

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Reserved Powers (Amendment 10) and & the powers of the State governments

reserved powers are those not given to the federal government or denied to states, kept by states or the people under the Tenth Amendment, covering crucial areas like education, public health, local governance, licensing, and intrastate commerce, ensuring states manage their citizens' welfare, safety, and daily lives, unlike enumerated federal powers (e.g., defense, currency)

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rights of MD students & the primary mission of a school

Mater Dei students have rights to a supportive, non-discriminatory, and faith-based education, including freedom from harassment and respect for talents, balanced with responsibilities to uphold school values like Honor, Glory, and Love, while the primary mission of schools like Mater Dei is holistic Catholic formation—developing faith, character, intellect, and service to God and community

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rights of the colonists as Englishmen

centered on fundamental liberties like life, liberty, and property, the right to trial by jury, and self-governance, stemming from documents like the Magna Carta and asserting that they possessed the same freedoms as those in Britain

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Supremacy Clause (Const.6.2), what ranks highest, and how the clause has been used

establishes the U.S. Constitution, federal laws made in pursuance of it, and treaties as the "supreme Law of the Land," ranking above conflicting state constitutions, laws, or court decisions, making federal law supreme and binding judges in every state - it's been used to uphold federal power over states in areas like banking, civil rights, and environmental regulation, ensuring national uniformity, and enabling the federal government to function without state obstruction, primarily through judicial review to preempt state laws that conflict with federal ones. 

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Theodore Roosevelt and the “steward of the people” theory

argued that the President, as the nation's chief steward, has a duty to actively do whatever the nation needs for the public welfare, unless the Constitution explicitly forbids it, greatly expanding executive power beyond strict legal limitations to serve the people's interests, a concept he exemplified through actions like mediating the coal strike and creating national parks

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Tinker v. Des Moines (1969) & free speech (1st Amendment)

public school students retain 1st amendment freedom of speech/expression while on campus, as long as it doesn’t “disrupt the learning environment”

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Washington’s opinion on factions as expressed in the Farewell Address of 1797

expressed a strong and clear warning against the dangers of political factions (political parties), which he viewed as one of the greatest threats to the young American republic's national unity, stability, and liberty

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which branch was intended by the Founders to be the most powerful? how did they try to make that the case?

the legislative branch (Congress) to be the most powerful, as it was designed to be the most directly accountable to the people and the primary source of lawmaking authority

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why, in a federal system, do local governments still exist?

to handle community-specific needs like police, schools, and sanitation, providing essential services closest to the people, while also serving as a training ground for leaders and allowing for diverse local preferences in governance, all under the broad authority delegated by the state

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Wisconsin v. Yoder (1972) & free exercise (1st Amendment)

forcing Amish students to attend school past 8th grade violates the free exercise clause of the 1st amendment

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entitlement vs. military spending

entitlements are mandatory, driven by law and demographics, consuming over half the budget and growing, while defense is discretionary, set annually by Congress, and has shrunk as a share of the budget despite real growth, making entitlements the dominant force in federal spending growth

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generational effects

lasting differences in attitudes, behaviors, and values between age groups, shaped by unique historical events (like wars, recessions, tech booms) they experienced during formative years, influencing politics, work, and culture

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Generations (Silent, Boomer, etc.)

groups of people born around the same time, sharing similar experiences, which sociologists categorize with names like Baby Boomers (1946-64), Gen X(1965-80), Millennials (Gen Y, 1981-96), Gen Z (1997-2010/12), Gen Alpha (2010/12-2024), and the upcoming Gen Beta (2025-2039), defined by significant historical events shaping their outlook, from the GI Generation before them to today's youngest cohorts

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globalization

the growing worldwide integration of economies, cultures, and societies, driven by easier cross-border flows of goods, services, capital, people, and information, facilitated by tech/transport advances, leading to greater interdependence but also debates over uneven benefits, job shifts, and cultural impacts

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ideological attitudes towards the death penalty

split along political and moral lines, with conservatives often supporting it for retribution and deterrence, while liberals and libertarians tend to oppose it due to human rights concerns, risk of error (executing the innocent), racial bias, and belief in rehabilitation, though support varies even within parties and younger generations show declining support overall

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ideological attitudes towards abortion

generally align with political liberalism (pro-choice/legal) versus conservatism (pro-life/restricted), often intersecting with religion, personal autonomy, and beliefs about when life begins, with liberals emphasizing bodily autonomy and conservatives focusing on fetal life's sanctity, though many Americans hold nuanced views, supporting legality under certain conditions

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ideological attitudes towards gun control

sharply divided, primarily along political party lines, reflecting fundamental disagreements over the balance between public safety and individual rights

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ideology and political party

political ideology is a set of beliefs and values about the role of government and the proper organization of society, while a political party is an organization that uses an ideology to recruit members, contest elections, and participate in governance

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lifecycle effects

how major life stages (youth, career, family, retirement) and key events (marriage, job loss, aging) shift individuals' attitudes, behaviors, and priorities, especially in politics (voting, ideology) and economics (spending, saving)

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political socialization, especially in the home

the primary way people first learn political values, beliefs, and behaviors, with parents acting as key role models who transmit party affiliation, civic duty views, and attitudes toward government, often through discussions, media consumption, and modeling behavior, establishing a foundational political identity that can be reinforced or challenged later by schools, peers, and media

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power of public opinion & the agenda

public opinion significantly influences the political agenda by shaping which issues policymakers address, acting as a crucial feedback mechanism in a democracy

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questions to ask if you want to know if a poll is credible

to determine if a poll is credible, you should ask key questions about its sponsorship, methodology, and the exact questions asked

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sampling error (e.g., +-3%)

the natural difference between a sample's characteristics and the entire population's true characteristics, occurring because a sample is just a subset, leading to results that aren't perfectly representative; it's reduced by increasing sample size and using proper random sampling, and it's quantified using formulas involving sample size (n), proportions (p & q), and confidence levels (z-score)

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tracking poll

a type of survey that repeatedly questions the same group of people over a period of time to measure changes in opinion or knowledge

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exit poll

a poll of voters taken immediately after they have exited the polling stations

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push poll

an ostensible opinion poll in which the true objective is to sway votersusing loaded or manipulative questions

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16th Amendment (1913): income tax as a delegated power (adding to Const.1.8)

grants Congress the authority to levy a federal income tax on individuals and corporations without apportioning it among the states based on population, a significant shift that established the modern federal revenue system and allowed for progressive taxation

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17th Amendment (1913): direct election of senators (changing Const.1.3.1)

established the direct election of United States senators in each state

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27th Amendment (1992): delay of pay increase for Congress until after an intervening election

prevents Congress from giving itself a pay raise until after the next election for Representatives, ensuring constituents have a say on their legislators' salaries

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“advice and consent” (Const.2.2.2)

a U.S. Constitutional power of the Senate(Article II, Section 2) requiring it to approve presidential nominations (ambassadors, judges, Cabinet) and treaties, acting as a crucial check on the President's power by allowing senators to debate and vote on major appointments and international agreements, ensuring executive actions aren't unchecked

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Biennial elections (Const.1.2.1)

the U.S. House of Representatives has been a popularly-elected body with its membership reconstituted every two years throughout its history

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Election Day (Const.1.4.1)

the annual day for general elections of federal, state and local public officials - with respect to federal elections, it is statutorily set by the U.S. government as "the Tuesday next after the first Monday in November" of even-numbered years (i.e., the Tuesday that occurs within November 2 to November 8)

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the appearance and location of the House and Senate floors

the House and Senate floors are located in their respective chambers on the second floor of the U.S. Capitol building in Washington, D.C. - the House Chamber is in the south wing, and the Senate Chamber is in the north wing

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Baker v. Carr (1962): legislative redistricting claims can be heard by the courts

used the equal protection clause in the 14th amendment to apply to redistricting - established “one person one vote” doctrine

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Christmas tree bill

a large piece of legislation (like a spending bill) that gets decorated with many unrelated amendments or "ornaments," often at year-end, to attract support from various lawmakers and interest groups for passage

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Congressional Caucuses

a congressional caucus is a group of members of the United States Congress that meet to pursue common legislative objectives

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copyrights and patents clause (Const.1.8.8)

refers to the U.S. Constitution's Intellectual Property Clause (Article I, Section 8, Clause 8), empowering Congress to grant exclusive rights for limited times to authors (copyrights for writings) and inventors (patents for discoveries) to foster progress in science and arts, forming the basis for U.S. IP law

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cost of elections in the House and Senate

a candidate who won an election to the U.S. House of Representatives in 1990 spent on average $407,600 ($980,896 in 2024) while the winner in 2022 spent on average $2.79 million ($3.00 million in 2024); in the Senate, average spending for winning candidates went from $3.87 million ($9.31 million in 2024) to $26.53 million ($28.51 million in 2024).

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debates (Const.1.5.2): unlimited (i.e., filibusters), limitations

refers to the tradition of unlimited debate, allowing any senator to speak indefinitely, which enables the filibuster—a tactic to delay or block votes, requiring a supermajority (60 votes) for cloture (ending debate) on most legislation, though rules for nominees changed in 2013/2017

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delegate model of voting

a system where individuals grant their voting power to a chosen representative (delegate) who then casts votes on their behalf, acting as a proxy for their constituents' will, common in political primaries, DAOs, and associations, with variations on how delegates vote (strictly as constituents want, proportionally, or with discretion)

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trustee model of voting

elected officials (trustees) use their own judgment, expertise, and conscience to decide what's best for the public good, rather than simply following constituents' direct wishes

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politico model of voting

how elected officials blend being a delegate (voting exactly as constituents want) and a trustee (using their own judgment)

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organizational model of voting

how voters align with political parties, using party affiliation as a primary cue for decisions, often overriding policy specifics, and influencing how they interpret information or even who they vote for, with studies showing strong demographic, geographic (neighborhood), and psychological links, explaining voting behavior beyond just policy preference, and impacting everything from how officials are elected to the outcomes of specific votes, even at local levels

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divided government

a situation in which one party controls the White House (executive branch), while another party controls one or both houses of the United States Congress (legislative branch)

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franking

the privilege of sending mail without postage, often by a member of government using their signature (a "frank") for official business, a practice from 17th-century Britain adopted by the U.S. Congress for constituent communication, paid for by taxpayer funds

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gerrymandering (both partisan and racial as was addressed in Shaw v. Reno, 1993)

used equal protection clause in the 14th amendment to prohibit states from racial gerrymandering

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the House is big and the Senate is small

the number of representatives from each state is based on its population, ensuring that states with larger populations have more representatives - this structure ensures equal representation for every state, regardless of population size, a result of the "Great Compromise" during the Constitutional Convention

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how are bills assigned to committees?

when a legislator introduces it; the Speaker of the House or Senate's presiding officer, guided by the chamber's parliamentarian, then refers it to the committee with jurisdiction over that subject, often sending parts to multiple specialized panels for study, hearings, and potential revision before it can advance

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how are bills brought to the Floor for a vote

in the House, party leaders (Speaker/Majority Leader) schedule them, often using the Rules Committee for structure, while the Senate relies on unanimous consent or motions to proceed by the Majority Leader, with both chambers debating, amending, and finally voting, usually by simple majority

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how Congress is demographically UNrepresentative of America

  • wealth and i`ncome: members of Congress are, on average, significantly wealthier than the general population - in one analysis from 2015, the top 1% wealthiest Americans represented 40% of Congress, while the bottom 40% wealthiest Americans made up just 0.5% of Congress - this disparity can affect which policy issues, such as social welfare programs and economic inequality, receive attention

  • race and ethnicity: while the current Congress is the most diverse ever, racial and ethnic minorities remain significantly underrepresented relative to their share of the U.S. population

  • gender: women, who make up about half of the U.S. population, hold less than a third of the seats in Congress

  • education and occupation: members of Congress are overwhelmingly highly educated, with almost all members holding bachelor's degrees and a majority holding advanced degrees, a much higher rate than the general U.S. population - most also held elite prior occupations (e.g., business, law) before joining Congress

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how many people does each rep stand for?

700,000 people

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how many Reps (Const.1.2.3)?

435 serve in the House of Representatives

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how many Senators (Const.1.3.1)?

100 members

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how many reps / senators does CA have?

2 Senators and 52 Representatives

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impeachment process = impeachment in the House (Const.1.2.5) and trial (Const.1.3.6) in the Senate, who can be impeached (and who can’t) (Const.2.2.1, 2.4), procedure, votes, punishments

involves the House impeaching (charging) officials like the President, VP, and civil officers for "Treason, Bribery, or other high Crimes and Misdemeanors," requiring a simple majority vote - the Senate then tries the case, needing a two-thirds vote for conviction, which leads to removal from office and potentially disqualification from future roles, though they remain subject to legal punishment

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incumbent

the holder of an office or post

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incumbent advantages

the benefits that current officeholders have over challengers in elections, making it easier for them to win reelection

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