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104 Terms

1
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Who introduced the Conneticut Compromise

Sherman

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What is a bicameral legislature

two houses

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Who introduced the New Jersey Plan and what did it call for

Paterson, equal representation → senate

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Who introduced the Virginia Plan and what did it call for

Randolph, proportional representation → house

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Who is our representative in the house

Lori Trahan

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How long are terms in the house

2 years

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What is proportional representation/taxation

taxed on number of free peoples, 3/5s compromise

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What is the 14th amendment

all slaves are free, removes 3/5s compromise

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What is the census

Count of number of free persons that happens every 10 years

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Reapportionment

process by which US Congress allocates the # of reps to each state based on the census

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Redistricting

Process by which state legislatures redraw Congressional district boundaries based on # seats they were allocated by Congress

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Gerrymandering

Redistricting for political purposes

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What happens if something happens to a representative and they have a vacancy

special election

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Who writes the rules of the House of Representatives

the house

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What happens if a rep is misbehaving

Censure and vote for removal

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Who can be impeached by the house of reps

president, vice president, federal judges

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Does the house take written records

yes

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Who are the leaders in the house

Speaker of the House, Leader of Minority party, Whips

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What party does the Speaker of the House usually come from

majority party

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Who is the current Speaker of the House

Mike Johnson

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Who is the leader of the Minority Party

Hakeem Jeffries

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Who are Whips and what do they do

young congressmen, get people to vote, call for initiative

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Does the house have limited debate?

Yes, limits on the number of times you can speak on a bill

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What do committees do

deal with different responsibilities e.g. committee on agriculture

25
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Is the house or senate more prestigious

senate

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Is the house based on seniority

Yes, very seniority driven, longer in the house → more prestigious committee

27
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Who are the Massachusetts senators

Ed Markey, Elizabeth Warren

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What are the qualifications to be a rep of the house

at least 25 years old, seven years a citizen, living in the state they represent

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What are the qualifications to be a senator

at least 30 years old, 9 years a citizen, inhabitant of the state

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How does the senate election process work

Senate divided into 3 parts, senators from the same state can’t be in the same part

  • 2 years term at first then 6 year terms

  • 4 years term at first then 6 year terms

  • 6 years term at first then 6 year terms

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Why is the senate election process staggered

so whole government isn’t overturned in one election

32
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What is a filibuster

Only in Senate, a bill is killed by talking so much

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cloture

call for at least 60 senators to vote on the topic to end the filibuster

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Senate impeachment

if the prez or vp is being impeached → chief justice presides

If a judge is being impeached → vp presides

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What happens if there is a vaccancy in the senate

Governor replaces senator to fill the rest of the term

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What are the senate leadership positions

President of senate, president pro tempore, senate majority leader, senate minority leader

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Who is the President of the senate and what do they do

VP, no real authority but if there is a 50/50 tie the VP can break the tie

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What is the role of the President Pro Tempore

longest serving member of majority party, run major sessions, sometimes have young replacement. 4th in line to president

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Who is the President Pro Tempore

Patty Murray

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What is the role of the Senate Majority Leader

power broker elected by majority party, always speaks first, makes committee assignments

41
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Is a senator in one or multiple committees

multiple

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Is there a limit on debate in the senate

no

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Who acts faster, the house or the senate?

House

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Does the senate have a hierarchy

no

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Do senators usually vote according to their party?

vote independently

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How much does it take to censure a senator

2/3 vote by own party

47
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Quorum

minimum # of people required to conduct business, 50% + 1

48
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All bills for raising revenue shall originate in the_________________

House of Representatives

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Why do all tax bills start in the House?

Any law can start in either but House is the most democratic so its the most representative of the people

50
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The President has 10 days to…

  1. Sign the bill → becomes law

  2. Veto it→ return to Congress→ can override with 2/3 majority in both House and Senate

  3. Not sign w/Congress in session →after 10 days bill becomes law

  4. not sign and congress NOT in session → after 10 days bill dies, Pocket Veto

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How does a tax bill become a law

House Rules Committee → House Ways and Means Committee → Full House → Senate Finance Committee → Full senate → Conference Committee → Full House and Senate → President

52
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What does the House Rules Committee do

decide which committee a bill goes to

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Who makes up the Conference Committee

3 people from senate: 2 majority party 1 minority party, 3 from house: 2 majority party 1 minority party, need majority vote for bill to live

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Pocket Veto

When the President doesn’t sign a bill and congress isn’t in session, after 10 days the bill dies

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Line Item Veto

Given to some Governors not President, right to reject some parts of law

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Why doesn’t the president have the line item veto

Congress had rights to make laws so if President could edit them → violation of separation of powers

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Enumerated powers

Powers explicitly listed

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Implied Powers

powers implied from the enumerated

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What are the enumerated powers of the legislative branch

taxation, credit, commerce, naturalization/bankruptcy, money, counterfeiting, post office, patents and copyrights, federal courts, international law, declare war, armed forces, navy, regulation of armed forces, militia, national guard, capital/Washington D.C., Necessary and Proper Clause/Elastic Clause

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Taxation

Explicitly listed first

  • Imposts - general tax/head tax

  • Excises - tax on domestic consumption of goods and services

  • 16th Amendment - income tax, different amounts of tax per person

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Credit

No limit on amount borrowed or spent by gov

62
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Commerce

During Confederation - state teriff→tarrif wars, British attacking homespun economy

  • gets rights to Tariff commerce

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Naturalization/Bankruptcy

Process to be citizen

Process for bankruptcy

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Money

Before - every state had own bills

  • Uniform → better economy

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Post Office

create post office

66
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Patents and Copyrights

  • Patents - exclusive right to make and sell invention. Aren’t unlimited, some profit has to go to other research

  • Copyrights - literary + artistic work.

  • Why? - encourages creativity and innovation when people don’t constantly steal your work

67
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Federal Courts

Article Three - Supreme court, but congress can figure out courts below, fix potential weaknesses, lower courts → Federal Judiciary Act of 1789

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International Law

Digital Piracy and real pirates

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Declare War

Congress declares war

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Armed Forces

Two year appropriations - don’t want long war, fear of standing armies

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Navy

make navy

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Regulation of Armed Forces

Uniform Code of Military Justice - own court system, court martials

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Militia

Make militia - fear of things like Shays Rebellion

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National Guard

Call up local militia, national guard in states and trained, can be deployed overseas

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Washington D.C./Enclave Clause

During Newburgh Conspiracy: confederation government wanted help from PA militia but they didn’t come → want own protection

  • District controlled by fed

  • Now a mayor

  • 23 Amendment - given 3 electors, only tax paying U.S. citizens not have reps in House/Senate

76
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Necessary and Proper Clause/Elastic Clause

  • Congress to make any laws for forgoing power, enumerated powers

  • Open to interpretation

  • Implied powers - Powers given in order to carry out enumerated powers

  • Loose Construction, Strict Construction

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What is Loose Construction

Stretching and including as much power and saying its implied

78
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Strict construction

want to keep away powers that aren’t directly implied

79
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Prohibited Powers of legislative branch

slave trade, habeas corpus, illegal punishment, direct taxes, export tax, no favorites, public money, no titles of nobility

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Slave trade

Commerce Compromise - no international slave trade after 1808

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Habeas Corpus

  • having a body

  • I can’t put you in jail without presenting evidence

  • Ex Parte Merryman - Lincoln tried to suspend habeas corpus but he’s executive branch not legislative branch

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Illegal Punishment

  • Bill of attainder - when congress passes a law to punish someone without trial

  • Ex post facto - I can’t arrest someone for something illegal that was legal when they did it

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Direct Taxes

Taxes have to be uniform based on state pop size

16th ammendment - income tax

84
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Export Tax

2nd part of Commerce Compromise - in exchange for the end of the slave trade, no export taxes

85
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No favorites

Government an’t play state favorites

Government has to be equally distributed within states - military bases etc since they can provide for economy and benefit the state

86
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Public Money

Appropriation Bills - spend money and know exactly how much to spend

Iran Contra Affair - During Reagan, U.S. wants to back democratic soldiers in Nicaragua called the Contras. Congress voted not to spend money but some government officials secretly sold arms to Iran in the hopes of sending the money to the Contras.

87
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No Titles of Nobility

No Royal titles. President has to get approval from Congress to accept gifts so no bribes

88
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Prohibited Powers of States

Cannot

  • treaty, alliance, confederation because national level functions and sovereignty

  • coin money because chaos during confederation

  • emit bills of credit

  • bills of attaineder, ex post facto

  • pass laws violating contracts

  • grant titles of nobility

  • Regulate trade - no tariffs

  • Import/export taxes

    fixes state tariff wars

  • keep a standing army

  • make war (only if invaded)

  • make interstate compacts

    not a loose confederation but united states

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