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What is the process to make an amendment to the Constitution?
Amendments are proposed by a two-thirds vote in both houses of Congress or by a constitutional convention called by two-thirds of state legislatures. Ratification requires approval by three-fourths of the state legislatures or conventions.
What were the debates between the Federalists and the Anti-Federalists primarily about?
The debates centered on the balance of power between the federal and state governments.
What were some identified failures of the Articles of Confederation?
The Articles created a weak central government, lacking the power to tax, regulate commerce, or enforce laws.
According to James Madison, which of the following best controls the effects of factions?
A large republic with a diverse population helps control factions by diluting their influence.
What does 'bicameralism' mean?
Bicameralism refers to a legislature with two chambers, such as the U.S. Congress.
Which form of financial aid from the national government gives the states the broadest discretion?
Block grants give states the most flexibility in spending federal funds.
What makes Brutus an example of an Anti-Federalist?
Brutus argues against a strong central government, fearing it would erode state sovereignty and individual freedoms.
What is federalism?
Federalism divides power between the national and state governments.
What impact could federalism have on the healthcare system?
In healthcare, this means states can implement their policies, leading to variations in healthcare quality and access.
What happens if the House of Representatives impeaches the President?
The Senate then holds a trial to decide whether to remove the President from office.
What are some of the checks and balances each branch has on one another?
Legislative can override vetoes, confirm judges, and impeach justices. Executive can veto bills and appoint judges. Judicial can declare laws or executive actions unconstitutional.
What are concurrent powers?
Concurrent powers are shared by both federal and state governments, such as taxing and enforcing laws.
What is the Connecticut Compromise?
The Connecticut Compromise created a bicameral legislature with proportional representation in the House and equal representation in the Senate.
What happened in United States vs Lopez (1995)?
The Supreme Court struck down the Gun-Free School Zones Act, ruling that Congress overstepped its Commerce Clause authority.
What happened in McCulloch vs Maryland (1819)?
The Supreme Court ruled that Congress could establish a national bank under the Necessary and Proper Clause.
What are the enumerated powers of the federal government?
They include coining money, regulating commerce, declaring war, raising armies, and establishing post offices.
What do the 19th amendment, Equal Rights Amendment, and Title IX have in common?
They promote gender equality and expand women’s rights.
How long do Supreme Court Justices serve?
They serve for life unless they resign, retire, or are impeached.
What happened in Baker vs Carr (1962)?
The Court established the principle of 'one person, one vote,' ruling that redistricting issues could be heard by federal courts.
What was the Supreme Court case Brown vs Board of Education based on?
The case struck down racial segregation in public schools under the Equal Protection Clause.
What is a 'bully pulpit'?
A bully pulpit is the President’s platform to influence public opinion and promote policies.
Where does the Bureaucracy's fundamental source of power lie?
Its power lies in its expertise, ability to create rules, and implementation of policies.
What is Bureaucratic Rulemaking?
Bureaucratic rulemaking involves creating detailed regulations to implement laws.
How does life tenure of Supreme Court justices affect the federal government?
It ensures judicial independence, allowing justices to make decisions without political pressure.
What are the rules for debate in the House of Representatives?
Debate is tightly controlled, often limiting speaking time and amendments.
What are the rules for debate in the Senate?
Debate is less structured, allowing for filibusters unless a cloture vote ends them.
What was the purpose of the War Powers Resolution?
To limit the President’s ability to deploy troops without congressional approval.
Who has the power to create new federal courts?
Congress has this power under Article III of the Constitution.
Which aspect of the government is the least responsive to public opinion?
The judiciary is the least responsive, as justices are appointed for life.
Describe the veto process of the President.
The President can veto legislation, which Congress can override with a two-thirds majority.
What is a Pocket Veto?
The President can let legislation become law without his signature by taking no action for ten days.
What does the 14th Amendment establish?
It establishes citizenship rights, equal protection under the law, and due process.
What are the 2 clauses of the 14th Amendment?
The Due Process Clause and the Equal Protection Clause.
True or False: The Civil Rights Act of 1964 was passed to clarify the enforcement of the 14th Amendment.
True.
What is selective incorporation?
Selective incorporation applies the Bill of Rights to the states through the 14th Amendment’s Due Process Clause.
Which level of government did the Bill of Rights originally apply to?
It originally applied only to the federal government.
What are the 5 parts of the 1st Amendment?
Freedom of speech, religion, press, assembly, and petition.
What is the 'clear and present danger' test?
It determines whether speech poses an immediate threat to public safety.
What principle protects a citizen from imprisonment without trial?
Habeas corpus.
What is the exclusionary rule?
It prevents illegally obtained evidence from being used in court.
What protections are provided by the 5th Amendment?
Protections include against self-incrimination, double jeopardy, and eminent domain without compensation.
What is the free exercise clause?
It protects individuals' right to practice their religion freely.
Describe Gideon vs Wainwright (1963).
It guaranteed the right to an attorney for criminal defendants under the 6th Amendment.
Describe Miranda vs Arizona (1966).
It established that suspects must be informed of their rights before police questioning.
What is capital punishment?
It is the death penalty, related to the 8th Amendment’s prohibition on cruel and unusual punishment.
Describe McDonald vs Chicago (2010).
The Court ruled that the 2nd Amendment applies to states through selective incorporation under the 14th Amendment.
What is the establishment clause?
It prohibits the government from establishing an official religion.
What has the Supreme Court ruled about State-Sponsored prayer in public schools in Engel vs Vitale (1962)?
The Court ruled state-sponsored prayer unconstitutional, violating the Establishment Clause.
Describe Tinker vs Des Moines Independent Community School District (1969).
The Court upheld students' right to wear armbands in protest, protecting free speech in schools.
Describe Wisconsin vs Yoder (1972).
The Court ruled that mandatory school attendance laws violated Amish parents' free exercise rights.
Describe United States vs Lopez (1995).
The Court limited Congress’s use of the Commerce Clause, emphasizing states’ powers in regulating schools.