Political Science exam 1

preamble

general purpose an foundation

outlines social and political goals

organizational chart

blueprints of public power

est. government institutions, procedures and dispute resolution

constitutionalism

1)Limits power of government and rules

2)Governmental leaders subject to the law

3)Institutes limitations on government powers to prevent tyranny

4)Protects individual rights and liberties

separation of powers

demonstrated in the establishment of the legislative, executive, and judiciary branches

•Founders intent was to avoid concentration of power in a single branch of government, particularly the executive

checks and balances 

one branch of government has some power over another

federalism

•system that provides powers to legitimate subnational institutions and governments.

•Functions as an additional check on concentrated power by the division of power among the national and state governments.

judicial review

the power of the judiciary to review and invalidate legislation and executive action when it is inconsistent with the Constitution

•a check on centralization of power by limiting government power to the parameters of the Constitution.

amendatory articles 

27 amendments 

bill of rights

•Usually a section of a constitution that indicates the rights, freedoms, and liberties of citizens that the government cannot abridge

negative rights

Limit government’s ability to infringe on rights of citizens

positive rights 

rights that require governments to act positively to ensure economic and social entitlements

individualism

assumes individuals takes precedence over government

•Individuals possess inherent rights governments must preserve.

•Individuals should have autonomy to make their own decisions without government assistance.

•Government should provide institutions and mechanisms that enable individuals to exercise their rights and pursue private interests.

•Government necessary since individuals have conflicting interests.

•A procedural view of justice: the political system is legitimate as long as it is fair and equally applies rules and procedures to all.

communitarianism

•people need the community and its values to nurture their development and enable them to make proper choices (p. 19).

•Government exists to create a political community for individuals to come together to resolve public problems, not just ensuring individual rights.

•Communitarianism will typically choose the public interest over individual rights when a conflict between the two exists.

•The community is intrinsically necessary to individuals and, therefore, the majority sometimes must impose values on the minority.

Substantive view of justice: emphasizes the fairness of the results obtained and views inequality in society as detrimental to the community

supremacy clause 

the Constitution and federal laws are the supreme law of the land

jurisdiction

the court in which a case can be properly filed and heard

apellate jurisdiction

SCOTUS can review decisions of lower federal courts and state courts in certain cases

original jurisdiction 

•Disputes Between States – Cases between two or more states.

•Cases involving ambassadors, public ministers, and consuls.

Ashwander v. Tennessee Valley Authority

•Justices will not offer advisory opinions on hypothetical issues or questions

•Justices will not rule on validity of a statute or complaint bought by one failing to show direct injury to person or property

Justices will not anticipate a constitutional question prior to hearing the case in court

Chisolm v. Georgia

•allowed a citizen of one state to sue another state in federal court. (later 11^th Amendment changed that)

Hylton v. United States

SCOTUS ruled a federal law was constitutional

Martin v. Hunter’s Lessee

challenged SCOTUS power to review state court decisions under appellate jurisdiction

originalism

Believes SCOTUS should interpret the Constitution according to the provisions of the Constitution and the original intention of the Founders

literalism

Contends that a strict interpretation of the actual words used in the Constitution (or the law in question) is proper

intent of the framers 

Interprets the Constitution according to what the Framers meant when they created the Constitution and apply it that way

living constitutionalism

The Constitution is a dynamic document that should be interpreted in light of contemporary societal values and needs

balancing of interests

•Weighs the interests of the protection of individual rights against countervailing societal needs.

stare decisis 

•Takes previous rulings from similar cases and the law applied in those cases to apply it in the current case.

electoral college 

•Popular vote within the state toward electors.

•Electors case votes for the president.

•Each state receives electors equal to the total number of representatives the state has in Congress: 2 seats in the Senate plus each member of the House representing the state.

•Winner take all system except for Nebraska and Maine; they assign two electoral votes by state and the rest by congressional districts.

•Currently, a candidate needs 270 electoral votes or a majority of votes to win election.

•If no candidate receives a majority of electoral votes, the election of the President then proceeds in the House of Representatives and the election of the vice president in the Senate.

impeachment

1)The House votes to pass “articles of impeachment” that state the reasons for removing the President. (simple majority vote)

2)The Senate conducts an investigation and holds hearings regarding any evidence that indicates the President should be removed from office.

3)The Senate votes to remove the President from office.

a) A two-thirds vote (67 votes) in the Senate.

United States v. Curtiss-Wright Export Corporation

•Executive power in foreign affairs may extend beyond constitutional limits, Congress should give the President some discretion in foreign policy, and the President is the primary policymaker in foreign affairs.

necessary and proper clause 

•Establishing new departments, commissions or government entities of the federal government.

•Enacting new federal criminal laws.

•Issue laws to end or regulate commercial practices.

McCulloch v. Maryland

SCOTUS broadly interpreted the Necessary and Proper Clause to impliedly allow Congress to create a national bank because it was necessary and proper to carry out other enumerated powers

•Investigative Power

•The Constitution does not provide Congress with the power to investigate as part of its lawmaking process.

•This power is used to aid in crafting legislation, inform the public on various affairs, maintaining the integrity of Congress and its members, and keeping the federal government and agencies accountable.

Kilbourn v. Thompson

SCOTUS determined Congress has the power to investigate only areas or matters in which it was allow to legislate and not in matters the executive or federal courts exercise authority

McGrain v. Daugherty

•SCOTUS noted 2 propositions should guide congressional investigations:

1)Congress has express and delegated lawmaking power and auxiliary powers as necessary and appropriate to make express powers effective.

2)Congress can compel citizens to testify when its limited power of investigation is legitimately exercised and when it can establish the relationship of the investigation to the legislative function.

executive privilege

•The practice began in 1798 when George Washington refused to provide the House of Representatives requested correspondence relating to the Jay Treaty.

•Presidents ability to refuse to divulge information that they think should be protected from public disclosure.

•Rationale – the president’s private discussions with advisors requires a wide range of policy recommendations and opinions for success but advisors would be less likely to do so if they know their opinions will be made public.

Clinton v. Jones

Presidential immunity does not apply to cases that are based on events that occurred before becoming President and generally do not impede the President from performing his duties

rule of law

is a foundational principle in democratic societies. It means that everyone—regardless of power, wealth, or status—is subject to the law, and that the law is fair, publicly known, and applied equally

legislative branch

part of government responsible for making laws, approving budgets, check the executive, represent the people, approve treaties and appointments.

Congress and House of Representatives

executive branch 

is the part of government responsible for carrying out (or enforcing) the laws made by the legislative branch.

enforces laws, runs the government, lead the country and make decisions in emergencies

the president, vice president, cabinet, federal agencies 

judicial branch

s the part of government that interprets the law and resolves legal disputes. It ensures that laws are applied fairly and consistently

interprets laws, resolves disputes, protects rights, and checks other branches

supreme court, federal courts, and state courts

majority opinion

It's the written explanation of why the court ruled the way it did, supported by more than half of the judges.

concurring opinion

a written statement by a judge or justice who agrees with the majority’s decision in a case, but for different or additional reasons

dissenting opinion

A dissenting opinion is a written statement by one or more judges or justices who disagree with the majority’s decision in a case

writ of certiorari

s an order from a higher court (usually the Supreme Court) to a lower court to send up the record of a case for review

express preemption

Congress explicitly states in a federal law that it overrides state law

conflict preemption

It’s impossible to comply with both federal and state laws at the same time, or state law stands as an obstacle to federal law’s purpose

field preemption 

Federal regulation is so comprehensive in an area that it “occupies the field,” leaving no room for state laws

congressional investigations

formal inquiries conducted by the U.S. Congress (usually by its committees) to gather information, oversee government activities, and enforce laws.