Government Final

worst class ever

Filibuster

Is when a bill is under consideration

House Term Length?

2 year term

Senate Term Length?

6 year term

Enumerated powers? (9 of them)

Congress can declare war

Levy and collect taxes

Provide common defense

coin money

borrow money

regulate commerce

establish federal courts and bankruptcy rules

Establish immigration and nationalization rules

issue patients and copyrights

Implied powers

Congress can make all laws that are “necessary and prosper”, which is most of what congress does.

Political powers granted to the united states government that are not explicitly stated int he constitution, but are deemed “necessary and proper” to execute those that are

Inherent Powers

(Not in constitution) powers that congress must have for a country to succeed, controlling borders, expanding territory, and to simply function properly.

Are authority and abilities not explicitly listen in the constitution but help by the government simply b/c it exists as a sovereign state

Power of the purse

No money can be drawn form the treasury without decision from congress

Appotionment

Is the proportional distribution or allocation of resources, seats, costs, or liabilities among different parties according to a specific plan. Ensures fair distribution.

Redistricting

Redrawing of electoral maps

Is the process of redrawing the geographic boundaries of electoral districts (such as for congress or state legislatures) every 10 years following the U.S. census

GerryMandering

Manipulation of legislative districts in an attempt to favor a particular candidate

Is the practice of redrawing electoral district boundaries to give one political party or group an unfair advantage in elections

Descriptive representation

Being represented by someone who shares characteristics with you/looks like you

Substantive Representation

Being represented by someone who shares your political interests (even if they dont resemble you)

Trustee Representation

A representative who believed she has been entrusted by her constituents to act on their behalf

Is a model where voters elect a representative they trust to use their own best judgment, knowledge, and conscience to make decisions, rather than simply voting according to the immediate wishes or polls of their constituents

Delegate Representative

A representative who acts in strict accordance with her constituents beleifs

Speaker of the house

Mike Johnson: Current speaker of the house. The Speaker of the House is the presiding officer of the U.S. House of Representatives, responsible for leading the majority party, managing House proceedings, and setting the legislative agenda. As second in line to the presidency, the Speaker wields significant power over committee assignments, bill referrals, and overall legislative strategy

Standing committees

Ongoing membership and jurisdiction, where most of the work is done

Select committees

Operate for a shorter time with limited juristiction, usually less powerful

Small specialized group of lawmakers formed to investigate a specific issue or conduct a particular study. Usually temporary, lasting until their assigned task is completed

Joint committees

Make up of members of both the house and the senate, with limited authority

Is a panel composed of members from both the house of representatives and the senate, typically established to study issued, oversee administrative functions, or coordinate legislative activities rather than to directly draft legislation

Conference Committees

Formed to resolve differences between bills passed by the house and the senate

A temporary, joint panel of 5 U.S. house and senate members formed to resolve differences between two versions of the same bill. It acts as a negotiating group to create a single, compromise version of legislation that both chambers must approve before it can become law

Universalism

Policies that earn broad support b/c they distribute benefits to large amounts of constituents

Universalism is the idea that certain rules, rights, or values apply to every single human being, everywhere, regardless of the culture, nationalist, or identity. It argues that one truth or principle works for everyone.

Logrolling

“if you scratch my back, I’ll scratch yours”. Trading votes on bills to get distributive benefits for your constituents. If you do this think that benefits me, I will vote for this policy that you have put forth.

Simple, informal exchange of political favors. It happens when lawmakers trade votes to pass their own projects

Earmarks

Pieces of legislation that are added into a bill in order to gain support, often referred to as “pork barrel” spending (formally banned, but STILL happens")

An earmark is a specific amount of federal money set aside by a member of congress for a local project in their home state or district. Think of it as a “designated spending request” rather than a formal, competitive grant process.

Seniority

Norm that the longest serving member of a committee serves as a chair

Unwritten rule in government (especially the U.S. Congress) where the people who have served the longest get the best perks and power. Think of it as “waiting your turn” or “respecting your elders”

Qualification and selection. Who can be president?

Natural born citizen

>35 years old

Resident of the U.S. for 14 years

Commander-in-chief

The president controls day-to-day military operations through management of the department of defense

Chief of state

The president acts as the ceremonial head of the U.S. government and the symbolic leader of the nation. Seen as the “face” of America representing all citizens at home and abroad.

Appointments

Allow the president to select top govenremnt officials, including cabinet secretaries, federal judges, and ambassadors, typically requiring senate confirmation

Executive orders

• Change government policy without congressional consent

• Constrained by threat of legislative or judicial action to counter any executive order

Legally binding directives issued by the president to federal agencies and officials, directing them on how to implement, interpret, or enforce laws

Executive agreements

• Bypassing congressional vote

• Announce voluntary participation

Pacts made by the U.S. president with foreign heads of state that do not require senate ratification, functioning as binding international obligations without the two-thirds senate approval mandated for treaties

Treaties

• Shared power

• president has first mover advantage

• president negotiates two-thirds majority of the senate needs to approve

Treaties are legally binding international agreements negotiated by the president and approved by a two-thirds vote of the senate, making them a key part of the presidents foreign policy power

Pardons and commutations

Can pardon people convicted of federal crimes or commute (reduce) their sentences

• Very few limits on this power; only people impeached and convicted by congress are ineligible for presidential pardon

State of the union

Influence congress, outline policy pririties, and set the national agenda.

Are methods a U.S. president uses during thier annual speech to push congress to pass specific laws. Such as a “to do list”

Going public

appeals are made directly to the American citizen

Refers to the strategies, lawmakers and advocated use to bring a proposed law, policy issue, or government activity out of private committee rooms into the public eye. It is a strategy designed to generate public support or opposition to influence the logistics process.

Veto

Is a powerful legislative tool that allows one part of government to stop a proposal form another part from becoming law

Expansion of executive powers

Refers to the growth of presidential authority beyond he literal interpretation of the U.S. constitution, driven by increased use of executive orders, enhanced national security roles, and congressional delegation of authority.

Civil Servants

Permanent U.S. government employees

Political appointees

Short term employees appointed directly by the president

What are regulations?

• Rules that give government control over individuals and corporations by restricting certain behaviors

• - Proposed regulations are subject to the notice and comment procedure that allows people and organizations affected by them to review the guidelines.

• They may support, oppose, or offer changes

• Influence most aspect of everyday life

• Very political

Principal-agents game

The need to balance control with discretion is known as the problem of control principal agent game. An agent (group) works for another (the principal). Example: The FDA is tasked with safely deploying a new drug.

Models a situation where on party (the principal) hires another (the agent) to act on their behalf, but their interests conflict and the principal cannot fully observe the agents actions.

What is outsourcing?

Government contracting with private firms to provide services once provided and government employees. Example: A city government hires a private company for trast collection

Benefits: Reduced labor costs, access to specialized global talent, and increased operational effiency

Drawbacks/risks: Loss of direct control over quality, potential security breaches, and communication challenges due to distance or culture.

What is privatization?

The complete sale of a state-owned enterprise to the private sector; with a partial privatization, government retains some control. Example: Chicago sells its parking meters to a private company for $1.1 billion

Benefits: Increases operational operational efficiency, reduces government spending, and spurs innovation through competition.

Drawbacks/risks: creation of private monopolies, increased inequality, job losses with lower wages, and loss of public access to essential services.

Federalist #78

Written by alexander Hamilton. Calls the judicial branch the weakest branch since it only judges and cant attack without success of the other two branches

Brutus XV

Antifederalist papers. Written by Robert yates. Argues that the judicial branch under the proposed constitution would be too powerful, independent, and dangerous to liberty, as judges would have final, irreversible authority over constitutional interpretation. So basically, believed that courts should be controlled more directly by the legislative b/c they are elected, answer to voters, and can be removed by people.

State courts

• Hear most day-to-day causes, covering 90% of all cases

• hear both civil and criminal matters

• Help the state retain their own sovereignty in judicial matters over their state laws, distinct from the national government.

Federal Courts

• Hear cases that involve a “federal question: involving the constitution, federal laws or treaties , or a “federal party” in which the U.S. government is a party to the case

• Hear both civil and criminal matters

Trial Courts

Origin point of any case

Are courts of “original jurisdiction” where legal cases - both civil and criminal begin, evidence is presented, and witnesses testify.

Appellate courts

Are higher - level judicial bodies responsible for reviewing decisions made by lower trial courts to ensure legal procedures were fair and laws were correctly applied. It is to review trial records for legal mistakes, such as improper jury instructions or evidence rulings that affected the outcome.

Courts of last resort

Court of last resort is the highest judicial body within a jurisdiction, serving as the final authority on legal matters from which no further appeal can be taken. It’s primary role is to interpret the law, ensure consistency among lower courts and settle significant legal disputes, often setting binding precedents.

Marbury V. Madison

Incoming secretary of state James Madison refused to give Marbury his commission b/c it had been signed by the outgoing president, who was the opposing political party

Established the principle of judicial review in the united states, cementing the courts power to declare laws passed by congress unconstitutional. Chief of justice, John Marshall established that the judiciary has the final authority to interpret the constitution.

Stare decisis

Legal norm established in court cases that is then applied to future cases dealing with the same legal questions; precedent

Standing

Legitamate justification for bringing a civil case to court

Jurisdiction

The sphere of a courts legal authroity to hear and decide cases

Writ of Certiorari

At least 4 of 9 justices agree to hear a case appealed to them; most common way for a case to reach the supreme court

Amicus Curiae

“friend of the court”; brief filled by interest group/other experts to convey their views on a legal issue on the on the court. An inside game

Individual or organization, not a party to a lawsuit who assist a court by providing information, expertise, or arguments relevant to the case. These “friends” often submit briefs to influence decisions, particularly in cases with broad public interest or complex legal issues.

Opinion of the court

Out of the 9 justices, you need 5 to reach the majority of opinion. One justice will usually take the lead

Concurring opinion

Some justices will agree with the opinion, but they have a reason for why. A concurring opinion says “I agree with this outcome, but i see from different plans”, or “I want to point out my facts or my interpretation”. Could be multiple concurring opinions.

Dissenting opinions

An opinion written by a justice who disagrees with the majority opinion of the court

Judicial restraint

Judges should defer to precedent and poloicy decision in nearly all situations

Judicial activism

Where judges allow their personal views on public policy to guide their decisions, often departing from strict precedent or original legal meaning to create new law or social policy

Original intenst

Justices should interpret law based on founders intentions when the language is clearer

Living Constitutions

Constitution should be while taking into account evolving national attitudes and circumstances rather than text alone

The idea that living constitution should be interpreted based on modern conditions, changing social values, and current national needs, not just the exact original wording or what the framers intended in the 1700s

Equal protection clause

Part of the 14th amendment which states how all people born on naturalized in the U.S. should be treated equally under the law and prohibits unfair discrimination

Strict scrutiny

1. Is unequal treatment justified by a compelling state interest?

2. Is unequal treatment the least restrictive option? (race, ethnicity, creed, or national origin)

Is the highest level of judicial review that courts use to evaluate whether a law is constitutional

Intermediate Scrutiny

1. Is the discriminatory policy substantially related to an important government objective?

2. Is the discrimination no greater than necessary to achieve this objective? (Sex or gender quality.

Middle level of judicial review used by courts to determine whether a law is constitutional

Rational Basis Test

1. Is the law rationally related to furthering a legitimate government interest?

2. Does the policy avoid arbitrary, capricious or deliberate discrimination? (age, economic status?)

Lowest level of judicial review courts use to decide whether law is constitutional. Government does not need a very strong reason for the law.=

The civil war amendments

Are the 13th, 14th, and 15th amendments of the U.S. Constitutions.

• Abolished slavery in the U.S. (13th Amendment)

• Granted citizenship to all people born in industrialized in the U.S. includes equal protection and due Process clause (14th Amendment)

• prohibited denying the right to vote based on race, color, or previous condition of servitude

Discrimination

Is the unjust or prejudicial treatment of different categories of people or things, especially on the groups of race, age, or sex

A law has a Discriminatory Effect when it Results in different treatment for similar individuals

A law has a Discriminatory Purpose when it was enacted with the intent to unjustly or prejudicially treat certain people differently

Segregation

The rule of practice of segregating people of different races, classes, or ethnic groups. Forcing them to have different schools, housing, and public facilities. two types of segregation

De jure Segregation: Segregation by law. Common in the south. Ex Forbidding African Americans from attending the same church, using the same swimming pool, eating in restaurants, or marrying white people.

De Facto Segregation: Segregation without laws. Common in the north. Housing discrimination generalized segregated neighborhoods.

Plessy V. Ferguson

Supreme court case that said racial segregation was legal.

In simple terms, the court rules that it was okay for states to keep black and white people separate, as long as the separate facilities were supposed to be equal. This decision made segregation legal in schools, trains, and public places. Supported Jim Crow laws for many years

Brown V. Board of Education

Was a supreme court case that ruled racial segregation public schools is unconstitutional. Black students in Topeka, Kansas were required to attend separate schools from white students. This cause for the supreme court to rule unanimously (9-0) that school segregation is illegal. It ended legal school segregation in the U.S.

19th Amendment (1920)

Gave women the right to vote. Made it illegal for the government to deny someone the right to vote b/c of their sex. Barriers still for women of color

Equal rights Amendment

Introduced in 1923. Proposed constitutional amendment that would guarantee equal rights for all people regardless of sex.