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Flashcards covering Unit 1, Unit 2, Unit 3, Unit 4, Unit 5, and portions of Unit 6. Each important term has a question associated with it.
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What philosophical movement influenced the Framers and emphasized reason over tradition?
The Enlightenment (18th century)
According to John Locke, what are the natural rights that the government must protect?
Life, liberty, and property
Which Enlightenment thinker advocated for the separation of powers into three branches of government?
Charles de Montesquieu
Define popular sovereignty.
Government power derives from the consent of the governed (ex. elections, protests)
What event exposed the weaknesses of the Articles of Confederation and highlighted the need for a strong central government?
Shays’ Rebellion (1786-1787)
Name the plan that proposed a bicameral legislature based on population size, favoring larger states.
Madison’s Virginia Plan
What compromise created a bicameral legislature with a House of Representatives (population) and a Senate (equal representation)?
The Great Compromise (Connecticut Compromise)
Describe the Three-Fifths Compromise.
Enslaved people would be counted as 3/5 of a person when deciding seats in the House of Representatives
Which group supported the Constitution and advocated for a strong central government?
Federalists
Who wrote The Federalist Papers?
Alexander Hamilton, James Madison, and John Jay
What did the Anti-Federalists want?
A Bill of Rights: protects the rights of citizens from the government
What is the purpose of the Electoral College?
To elect the president.
In Brutus No. 1, what was the major critique of the draft of the Constitution?
The national government had too much power.
What topic is addressed in Federalist No. 10?
Dangers of factions and how to protect minority interest groups in a nation ruled by majority
What is the main argument in Federalist No. 51?
Separation of powers would make the government efficient, dividing responsibilities and tasks
In Federalist No. 70, what did Alexander Hamilton argue regarding the executive branch?
The executive branch should only have one member: the president
In Federalist No. 78, what power was argued by Alexander Hamilton that the judicial branch would have?
Judicial review
What is the elastic clause?
Article I, Section 8 - the necessary and proper clause: allows Congress to make any legislation that seems “necessary and proper” to carry through its powers
What is the Supremacy Clause?
Supremacy of Constitution and federal laws over state laws
What is federalism?
A system of government under which the national and local governments share powers
What was the ruling in McCulloch v. Maryland(1819)?
States could not tax national bank and reinforced supremacy clause of Constitution
What was the ruling in United States v. Lopez(1995)?
Commerce clause didn't allow regulation of carrying guns in the Gun-Free School Zones Act of 1990
What are delegated (enumerated) powers?
Powers that belong to the national government. Ex. printing money, regulating interstate + international trade, making treaties + conducting foreign policy, declaring war, est. post offices, lower courts, rules of naturalization, and copyright/patent laws; raising + supporting armed forces
What are reserved powers?
Powers that belong to the states. Ex. issuing licenses, regulating intrastate business, conducting elections, est. local governments, maintaining a justice system, educating residents, maintaining a militia, providing public health, safety, and welfare programs
What are concurrent powers?
Powers shared by federal and state governments. Ex. levying/collecting taxes, building roads, operating courts, establishing courts, chartering banks + corps, eminent domain, paying debts, borrowing money
What are categorical grants?
Aid with strict rules from the federal government about how it is used
What are block grants?
Aid that lets the state use the money how it wants
What is separation of powers?
Borrowed idea from French political philosopher Charles de Montesquieu. Assigned different tasks to each branch of government: Legislative branch makes laws, Executive branch enforces laws, Judicial branch interprets laws
What is the system of checks and balances designed to do?
Prevent any branch of government from becoming dominant. Requires different branches to work together and share power
Describe the amendment process.
Proposed amendment must be approved by 2/3 of both houses of Congress. 3/4 of state legislatures must ratify (approve) the amendment, and the states themselves are allowed to determine the votes required to ratify the amendment
What does the House of Representatives represent?
A 435-member house, with members apportioned by each state’s population (designed to represent population)
What does the Senate represent?
A 100-member house, with 2 members per state (designed to represent states equally)
What is redistricting?
The redrawing of district boundaries to ensure each district has an equal population; done by state legislature
What is gerrymandering?
Drawing district boundaries to give the majority party a future advantage
What was the result of Baker v. Carr (1962)?
The government can force states to redistrict every 10 years and led to the development of the “one person, one vote” doctrine
What was the result of Shaw v. Reno (1993)?
The state was using racial bias in its redistricting and Violated equal protection clause
What is packing?
Isolating minorities in a district
What is cracking?
Dividing minorities across many districts
What is the "power of the purse?"
Gives Congress power to influence others by preventing access to funds or adding conditions. Can be used positively to fund programs or negatively to harm an agency
What are the delegate and trustee models?
Delegate Model (representational view): consider themselves delegates who mirror the views of their districts. Trustee Model (attitudinal view): some consider themselves trustees who should think about constituents’ views but use their judgment when making decisions
What is oversight?
Reviews federal agencies’ work (checks executive branch), investigates charges of corruption, holds hearings (experts and citizens discuss government issues and propose solutions)
What is a filibuster?
Used to delay bill’s vote and tie up Senate’s work, usually by a senator making a very long speech
What is cloture?
The vote which is the only way to end a filibuster, requires votes of 60 members
What is a rider?
Amendments that do not have to be relevant to bill, allow senators to add amendments
What is pork barrel spending?
Pet project riders created to get money to a home state
What is an earmark?
Provisions in legislation that allot money to a project (appropriation and authorization bills)
What is a pocket veto?
Bill is pocket vetoed if president doesn’t sign every bill into law and congressional session ends during 10 days
What was the result of Clinton v. City of New York (1998)?
The Supreme Court struck down the line-item veto as an unconstitutional power of the president
What was the result of INS v. Chadha (1983)?
Supreme Court declared legislative veto unconstitutional
What does it mean if a bill is pigeonholed?
A bill stuck in a committee
Give some examples of standing committees.
House Ways and Means, Senate Judiciary, Senate Armed Services
What is the most important factor in how Senators and Representatives vote?
Party affiliation is most important factor
What did the Pendleton Act (1883) do?
Got rid of the spoils system for government job selection, set up exam-based merit system for candidates
What did the Voting Rights Act (1965) do?
Eliminated literacy tests, let federal officials register voters, prevented states from changing voting procedures without the government’s approval; let federal officials count ballots and make citizens vote
What is divided government?
When the president and majorities in houses are not from the same political party
What is unified government?
When the house majorities and the president are from the same political party
Which official is known as a Bully Pulpit?
The president
What power does the Office of Management and Budget (OMB) have?
Prepares US budget and used to control/manage executive agencies; very powerful because it is able to fund cabinet departments and control the department’s effectiveness
In American law, what is substantive due process?
Whether laws are fair. Bill of Rights, 14th Amendment, Constitution
In American law, what is procedural due process?
Whether laws are applied fairly
Define plea bargaining.
Agreeing to a less serious crime and sentence
What is original jurisdiction?
The power to hear a case for the first time
What are amicus curiae briefs?
Effort to sway the justices, can be very influential
What are the 4 types of opinions the Supreme Court can present?
Unanimous opinion, Majority opinion, Concurring opinion, and Dissenting opinion
What is the merit system?
Hires and promotes people based on skills and experience
What did Barron v. Baltimore (1833) decide?
Bill of Rights restricted national government but not state governments
What is selective incorporation?
Court applies Bill of Rights on a case-by-case basis
What limits does the Supreme Court place on freedom of speech?
Clear and present danger test: a person cannot cause panic for a false reason. No constitutional protection for slander/libel, obscenity, or speech to incite violence
What was decided in Schenck v. United States (1919)?
Conviction was constitutional and resulting from violation of the Espionage Act of 1917 Speech posed a “clear and present danger” to the US
What was decided in Tinker v. Des Moines (1969)?
Children in public schools were protected by the First Amendment if their speech did not violate constitutional, specific regulations and does not cause a “substantial disruption”
What is prior restraint?
Crossing out parts of an article before it is published
What does Miller v. California (1973) cover?
Established 3-part obscenity test
What does Engel v. Vitale (1962) cover?
Ruled that school prayer violated First Amendment
What does Wisconsin v. Yoder (1972) cover?
Ruled that Amish families were allowed to take their children out of school after the eighth grade (free exercise clause)
What does McDonald v. Chicago (2010) cover?
Ruled that states cannot impede their citizens’ rights to keep and bear arms
What is probable cause?
Judge believes that the search will find evidence of a crime
What is a search warrant?
Issued by a judge, limits where police search and what they can take as evidence
What is the exclusionary rule?
All evidence illegally taken by police cannot be used as evidence
What does Gideon v. Wainwright (1963) cover?
Florida violated 6th Amendment right to an attorney
What is the 13th Amendment?
Made slavery illegal, prohibited indentured servitude
What is the 14th Amendment?
Declared that all people born in the US were citizens and entitled to equal rights, protected by due processes
What is the 15th Amendment?
Banned laws that prevented African Americans from voting based on race/history of enslavement
What is de facto segregation?
Segregation increased by difference in average incomes between white + Black people
What is de jure segregation?
Segregation by law
What is saliency?
The degree to which an issue is important to a certain individual/group
What are benchmark polls, tracking polls, entrance polls, and exit polls?
Benchmark polls: conducted by a campaign when a candidate initially announces. Tracking polls: performed multiple times with the same sample to track changes in opinion. Entrance polls: collected on Election Day as voters go to cast their vote. Exit polls: conducted at polling places, targeting voting districts that represent the public and poll random voters leaving the place
What are the 4 models of decision-making?
Rational choice, retrospective voting, prospective voting, and party-line voting
What occurs in party realignment?
Occurs when coalitions making up parties split off
What is known as splinter/bolter parties?
Third parties
What is hard money?
Regulated contributions to candidates
What is soft money?
Unregulated, unlimited contributions to parties for activities; limited by BCRA
What is the policy fragmentation?
Many pieces of legislation deal with parts of policy problems but never address the whole problem
What are mixed economies?
Made of capitalist free-market systems where government and private industry play a role
According to many Keynesians, what should the government should spend money during economic downturns?
Projects during economic downturns to inject money into economy
What are trade deficits?
When imports are greater than exports