American Politics and the US Constitution - C963
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217 Terms
Natural Rights
The rights to life, liberty, and property; believed to be given by God; no government may take these rights away.
Social Contract
A basic agreement between people and their government in which citizens consent to be governed, as long as the government protects their natural rights; the social contract provides a definition of human nature, specifies the natural rights to be protected, and describes the shared interests of the citizens
Which three statements describe characteristics of a social contract? Choose 3 answers.
Provides a definition of human nature
Specifies the natural rights that are to be protected
Describes the shared interests of the citizens
Why is the state of nature important for creating a social contract? Choose 2 answers.
The state of nature defines what it means to be human.
The state of nature defines natural rights.
Which statements are true concerning the state of nature? Choose 2 answers.
Permits a philosophical definition of human nature.
Is a thought experiment upon which definitions of proper society and government are built
habeas corpus
meaning, in Latin, "show me the body"; this is the right for a jailed citizen to appear before a judge to hear about a criminal charge; prohibits imprisoning people without due process of law
enumerated rights
rights given to the federal government by the Constitution (Article I, Section 8) to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs
Which types of rights are contained in the Bill of Rights? Choose 2 answers.
Natural Rights
Procedural Rights
What does the Constitution's disregard of liberty and lack of protections for natural rights suggest about the framers?
The framers were more interested in the practicalities of government.
Articles of Confederation
the first attempt at organizing the government of the United States, consisting of a unicameral (one-chamber) Congress; did not permit Congress to tax, regulate foreign or interstate commerce, or enforce its laws; failed as it formed an alliance of sovereign states with too weak a national government
Why were the powers of the national government severely limited under the Articles of Confederation?
To prevent the national government from becoming too powerful or abusing the rights of individual citizens and states
Why was it so difficult to change the Articles of Confederation?
The Articles of Confederation required unanimous consent by all the states for any changes.
Which powers did the national government have under the Articles of Confederation? Choose 3 answers.
The power to declare war
The power to borrow and coin money
The power to settle disputes among different states
After the Articles of Confederation went into effect, how was the British government able to continue influencing what would happen in the United States? Choose 3 answers.
The British government was able to form individual relationships with the states.
The British government was able to put pressure on the states through its occupation of land west of the United States.
The British government could refuse to accept the currency of the United States as a way to pay off any lingering debts.
How did the inability to regulate trade among the states prove to be a weakness for the United States? Choose 3 answers.
The national government had no power to regulate the price of goods.
Many local farmers and business owners failed in the economy under the Articles of Confederation.
The inability to regulate trade allowed the states to make their own agreements with other countries.
Virginia Plan
a plan proposed by the representatives of Virginia at the Constitutional Convention for a two-house (i.e., bicameral) legislature, wherein the number of a state's representatives in each chamber would be based on that state's population
New Jersey Plan
a plan proposed by the representatives of New Jersey at the Constitutional Convention that required a one-house national legislature in which each state would have one vote
What best describes the differences between the Virginia and New Jersey Plans in the role of federal and state sovereignty? Choose 3 answers.
Supporters of the New Jersey Plan advocated for states to retain power over the national government, while supporters of the Virginia Plan wanted the national government to legislate for the states and even veto laws passed by state legislatures.
The Virginia Plan advocated for more powers for the central government.
Supporters of the New Jersey Plan believed that the states were best suited to represent the needs of the citizens, while supporters of the Virginia Plan believed that effective representation could happen at the national level.
What best describes the ideas and beliefs of federal and state sovereignty in the Virginia Plan? Choose 2 answers.
The Virginia Plan not only sought to give more representation to populous states, but it also advocated for a national government that would legislate for the states.
Supporters of the Virginia Plan believed that a strong national government was vital to the success of the United States.
What was the effect of the Fugitive Slave Clause (Clause 3, Article IV of the Constitution)?
It allowed owners to reclaim enslaved peoples even if they fled to other states.
Three-Fifths Compromise
during the creation of the U.S. Constitution, an agreement made between Northern and Southern states that required counting all of a state's free population and 60 percent of its enslaved population for the twin purposes of federal taxation and representation in Congress
As a "check" on the power of the Supreme Court, Congress has the power to____.
increase the number of justices on the Supreme Court
federal system
a form of government in which power is divided between state governments and a national government
reserved powers
any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government as outlined in the 10th Amendment
The Great Compromise adopted variations from both the New Jersey and Virginia Plans regarding the power and structure of the national legislature. Which features of the Great Compromise correspond to the Virginia Plan? Choose 4 answers.
The national government is a bicameral legislature consisting of two chambers
Senators are appointed rather than popularly elected.
The House of Representatives has state representation that varies based on the size of a state's population.
The national government was given increased powers.
How does Article I of the Constitution prevent the national government from engaging in taxation without representation? Choose 2 answers.
All bills to raise revenue must begin in the House of Representatives.
Both the House and Senate must approve of all revenue bills.
How was slavery involved in the Constitutional Convention?
Representatives from the North were adamant that enslaved people not be counted towards a state's population, while Southerners insisted that they be counted.
What are specific powers given to Congress in Article I of the Constitution? Choose 3 answers.
The power to tax
The power to regulate trade and commerce
The power to declare war
Which powers fall under the Legislative Branch? Choose 3 answers.
The power to lay and collect taxes
The power to declare war
The power to remove a president from office
What did the Anti-Federalists' insistence on a Bill of Rights result from?
The view that the Constitution offered little protection for liberty or natural rights.
What was the name of the series of essays published beginning in 1787 that argued in support of a strong federal government and the ratification of the Constitution?
The Federalist Papers
Federalist, no. 10 eased fears regarding the power of factions and encouraged the citizens to promote freedom of opinions and ideas.
Federalist, no. 51 eased fears regarding the national government abusing its power by promoting both separation of powers and checks and balances.
Which group approves presidential nominees?
The Senate
Which statement is true regarding executive orders?
Executive orders enable the president to balance Congress's lawmaking power.
Who decides how the government budgets and spends money?
Both Congress and the president
Checks on Executive Branch
By Congress:
They can override a presidential veto by a two-thirds vote in both chambers.
Treaties must be approved by a two-thirds vote in the Senate.
They control of funding activities of the executive branch.
Presidential nominees must be approved by the Senate.
Only Congress can declare war.
The House can impeach the president or vice president, and the Senate can remove them by a two-thirds vote.
By the judiciary:
They can overturn actions of the president with judicial review if the actions violate the Constitution.
They serve during good behavior to maintain the independence of the judiciary.
Checks on Congress
By the president:
They can veto legislation.
They can use executive agreements.
They can use executive orders.
They negotiate treaties (not Congress).
By the judiciary:
They can overturn acts of Congress as unconstitutional if they violate the law.
They can influence laws by interpretation.
They serve during good behavior to maintain independence of judiciary.
Checks on Judiciary By the president:
By Congress:
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Which statement is true concerning executive agreements with foreign countries?
Executive agreements are valid only as long as the political leaders from both countries are in power.
What is a federal system?
A division of power between the national government and state governments where both levels have specific powers
Which statement characterizes a unitary system of government?
The central government controls the allocation of funds spent at the local level.
bill of attainder
an act of a legislature, such as Congress, declaring a person guilty of a crime and punishing that person without a trial; the U.S. Constitution prohibits Congress from passing any bills of attainder
Advantages of Federalism
Potential advantages of federalism:
One of the most obvious advantages is the ability of individual states to be creative in the ways that they deal with problems. When one state finds a solution that works better than others, other states will use the same solution. The national government has even copied parts of state laws when creating a national version.
In many ways, states are better able to adapt to local conditions and create programs that work best for their citizens. New York, Texas, and California need legislation to deal with urban issues, while North Dakota and Vermont do not. Farming states need much more agricultural legislation than states with more economic activities.
A third advantage of federalism is that the national government can pass a basic program that will cover the country (e.g., disability payments for individuals who are injured on the job), and states can add to the program if they decide to.
A fourth potential advantage is that power is divided, making it more difficult for a group to take over of the government and violate the rights of citizens or groups of citizens. There is protection against tyranny with divided power.
Finally, federalism provides the opportunity for individuals to participate more actively in the political system. An individual citizen can interact with both state-elected officials and national officials. Elected politicians and other officials at the state level are often easier to contact, in part because they are closer to the citizens of the state.
Disadvantages of Federalism Federalism, as a form of government, also has some potential disadvantages. This explains why some countries prefer an alternate form of government.
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Which statement about federal and unitary systems is most accurate?
In a federal system, powers are divided between states and national governments. In a unitary system, all power is held within the national government.
Article I, Section 8, of the U.S. Constitution details the enumerated powers of the legislature. These include the power to
levy and collect taxes
declare war
raise an army and navy
coin and borrow money
regulate commerce among the states and with foreign nations
establish federal courts and bankruptcy rules
establish rules for immigration and naturalization
issue patents and copyrights
implied power
a power not expressly defined in the Constitution but permitted to Congress through a loose interpretation of the Necessary and Proper Clause
inherent powers
powers of the president or Congress that are neither enumerated nor implied but assumed to exist as a direct result of the country's existence
appropriation
a provision of money by Congress for the items requested in a budget
deficit spending
when the federal government spends more money in a fiscal year than it earns
discretionary spending
n the context of the U.S. budget, spending that can be changed from year to year through the congressional appropriations process, including spending on scientific research, housing assistance, veterans’ health care, education, and transportation
pork-barrel spending
spending on often unnecessary local projects that benefit a specific member of Congress's district or state
line-item veto
the ability of an executive to reject specific portions of a piece of legislation rather than reject the entire bill; in the United States, most governors have this power, but the power of line-item vetoes for the president has been ruled unconstitutional by the Supreme Court
How has the Constitution's Interstate Commerce Clause been interpreted?
Very broadly, forming the justification for much of Congress's modern-day economic regulation
Interstate Commerce Clause
one of the enumerated (expressed) powers of Congress; this is the power to regulate commerce and trade between two or more states
advice and consent
a Constitutional power, stating that presidential nominations for executive and judicial posts take effect only when confirmed by the Senate; also, foreign treaties become official only when the Senate approves them by a two-thirds vote
supermajority
also referred to as an absolute majority, this is a specific number greater than 50 percent, such as two-thirds; this is different from a simple majority, which is any number greater than 50 percent
filibuster
a political procedure led by a legislator (in the United States, a senator) to delay or prevent debate on a proposal, usually by "holding the floor" and speaking continuously, refusing to yield; to break a filibuster, three-fifths of senators (60/100) present must vote to end it (cloture)
majority whip
in either the House of Representatives or the Senate, a leader from the majority political party whose job it is to help coordinate strategy and maintain discipline among the members of the party; the term comes from a hunting term, "whipper-in," whose job is to prevent hounds from wandering away from the pack
minority whip
in either the House of Representatives or the Senate, a leader from the minority political party whose job it is to help coordinate strategy and maintain discipline among the members of the party; the term comes from a hunting term, "whipper-in," whose job is to prevent hounds from wandering away from the pack
president pro tempore
in the U.S. Senate, the person who serves as the chief presiding officer in the absence of the vice president; this role is often ceremoniously given to the longest-serving senator of the majority party
standing committee
a permanent committee that exists from session to session for the purpose of researching, writing, and introducing proposed pieces of legislation in a particular policy area
select committee
a temporary congressional committee created to investigate a specific issue or policy area not covered by a standing committee.
joint committee
a committee containing members of both the House of Representatives and the Senate who work together on a specific issue such as economic or tax policies
conference committee
a type of joint committee whose job it is to form one single bill from of different versions of the same bill passed by the House of Representatives and the Senate
Rules Committee
in the House of Representatives, a powerful committee that decides the rules for debate and amendments made to a piece of legislation; in the Senate, a similar group called the Senate Committee on Rules and Administration is less powerful, as it does not set the rules of debate
cloture
a tactic in the U.S. Senate where 60 members (three-fifths) of the entire Senate vote to end a filibuster
What happens when a president vetoes a piece of legislation?
The president must send the bill back to the originating house with their objections to it. The bill will only become law if both houses vote to override by a two-thirds vote.
In addition to the committee system, the process of lawmaking has several parts as well. Remember the process reviewed in the lesson:
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What is essential for a bill to become a law?
To become a law, it is essential for a bill to pass both the House and the Senate, but the bill must be identical.
What is the purpose of a conference committee?
A conference committee resolves differences in bills from the House of Representatives and the Senate.
gerrymandering
a word with an unusual origin (Massachusetts governor Elbridge Gerry signed a bill in 1812 that created a partisan district in the Boston area that was shaped like a salamander; the name Gerry, combined with the word salamander, became "gerrymander"); the process of creating political advantage by re-drawing electoral districts, producing districts biased in favor of one particular political party
reapportionment
the once-per-decade process of assigning the House of Representatives' 435 seats to districts in the 50 states according to population, as determined by the most recent U.S. census
redistricting:
closely aligned to reapportionment, this is the re-drawing of electoral districts to accommodate changes in a state’s population based on the last census; the goal of redistricting is to create districts that are as equal as possible in population
Monroe Doctrine
a principle of U.S. policy, created by President James Monroe, by declaring that interventions by European powers in the affairs of the nations of the Western Hemisphere would be considered as intolerable acts of aggression by the United States
What does "executive privilege" refer to?
The president's ability to withhold information from Congress, the judiciary, or the public
executive memorandum
a presidential power, similar to an executive order, used to manage various departments and agencies of the federal government
executive orders
a written directive to a government agency issued by a president, often without Congress's approval, that can be overturned by the federal courts
executive agreements
formal agreements between leaders of countries that do not need Senate approval; in the United States, a president can make these agreements without ratification by the Senate (as a treaty would require)
recess appointment
an appointment of a federal official by the president at a time when the Senate is not in session and is therefore unable to confirm appointments
What is an important role for a newly elected president's foreign transition team?
Briefing the new president on executive agreements
What is used to prevent presidential recess appointments?
Pro forma sessions of the Senate
How long is the "honeymoon period" for new presidents?
The first 100 days after the inauguration
civil cases
based
court cases on civil law, not criminal law; includes disagreements between individuals and companies, individuals and government agencies, and foreign individuals or governments; also includes questions of constitutionality
lower court
in the federal court system, any court that is not the federal Supreme Court; in the state court system, any court that is not a state Supreme Cour
circuit courts
courts that hear cases in several counties or districts in a state; each case in a circuit court is heard by a panel of three judges who rotate through each of these districts
judicial review
a principle that courts have the power to overturn laws passed by Congress and even actions of the president if such laws or actions conflict with the Constitution; this power was established in the case Marbury v. Madison
stare decisis
meaning “let the decision stand,” a principle that courts should rely on previous decisions and established precedents as they make decisions
strict constructionist
an approach to interpreting the Constitution based on the idea that the national government can only do those things that are specifically mentioned in the Constitution
judicial activism
a viewpoint that U.S. courts should defend individual rights and liberties and stop actions by other branches of government that they see as infringing on those rights
judicial restraint
a viewpoint that judges should be reluctant to overturn the acts of Congress, the president, or the states, deferring decisions (and thus, policymaking) to elected branches of government; proponents of judicial restraint focus on a narrow, strict interpretation of the Bill of Rights
loose construction
an approach to interpreting the Constitution based on the idea that judges can reinterpret constitutional language to create new legal standards appropriate for changing conditions
State Courts | Federal Courts |
Hear most day-to-day cases, covering 90 percent of all cases | Hear cases that involve a “federal question,” 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 | Hear both civil and criminal matters, although many criminal cases involving federal law are tried in state courts |
Help the states maintain their independence in judicial matters over their own state laws, distinct from the national government | Hear cases that involve “interstate” matters, “diversity of citizenship” involving parties of two different states, or between a U.S. citizen and a citizen of another nation (and with a damage claim of at least $75,000) |
A person was arrested in Mt. Rainier National Park because of a physical altercation with another park visitor.
In a federal district court
District Courts
The district courts that hear cases for the first time have original jurisdiction. The district judges are nominated by the president, must receive Senate approval, and serve during time of good behavior. District courts decide whether an individual is guilty in a criminal case where a federal law has been violated. Kidnapping, drug use, civil rights violations, and attacks against government officials are all examples of actions that violate federal laws.
Circuit Courts of Appeals
There are 11 circuit courts of appeals that deal with cases that are appealed from the district courts. Judges are nominated by the president and approved by the Senate. These courts only deal with cases on appeal. An appeal argues that the judge in the lower court made an error in the proceedings, or a constitutional issue was not adequately addressed.
What is the total number of Justices currently serving on the Supreme Court?
9
Which statement below is accurate about the "rule of four" in the Supreme Court?
The "rule of four" means that at least four justices must want to hear a case.
Those who are nominated to serve as a Supreme Court justice are generally__________________.
individuals who have political views compatible with the president who nominates them