Political Science

articles of confederation

•Created a single national government under Congress, which was a unicameral legislature.

•No separate executive or judiciary authority was established.

•Congress could create committees to craft policy and departments to handle specific cabinet-like affairs.

•Congress could create ad hoc courts, but were not able to handle disputes between states or maritime affairs.

•Judicial affairs were relegated to the states to resolve and create courts.

•Congress represented the states, not the people directly.

•No national elections, states sent delegates to Congress (and paid their salaries!).

•Each state had one vote in Congress.

john locke

who was known as the father liberalism

separation of powers

which of the following is not a pillar of a constitutional structure

false

True or False: The "auxiliary precautions" proposed by James Madison were 1) separation of powers and 2) federalism.

alexander hamilton 

Which of the following did NOT write the Declaration of Independence:

false

true or False: Individualists believe in a substantive view of justice, which emphasizes the fairness of results and views inequality in society as detrimental to the community.

true

True or False: The Declaration of Independence demonstrates both individualist and communitarian principles throughout the document.

1. precedent and reasonableness

2. legal guarantees and rights 

What two (2) principles of English Common Law has American Constitutionalism retained?

judicial review

The power of the judiciary to review and invalidate legislation and executive action when it is inconsistent with the Constitution

substantive view of justice

Individualism believes in all of the following EXCEPT:

Correct answer:

Individuals take precedence over the community/government.

Communitarianism believes in all of the following EXCEPT:

Each of the following are necessary steps to impeach a President EXCEPT:

The Chief Justice of the Supreme Court declares a verdict indicating the President's guilt or innocence regarding the articles of impeachment.

bill clinton

Which of the following Presidents have been impeached?

true

The Prerogative or Unitary Executive Theory states that a President must use his discretion to act on behalf of the public good even if his/her actions lack public support or goes beyond legal limits.

Congress gives authorization to the President to send troops overseas.

According to the War Powers Resolution of 1973, the President can commit troops overseas if:

Authorizes the President to declare war against an enemy nation.

All of the following is true regarding the Authorization for Use of Military Force EXCEPT:

false

According to the Constitution, the President can make treaties with foreign nations with the advise and consent of the Senate, through a majority vote of the Senate.

the power to convene special legislative sessions

presidential legislative powers include

in myers v. united states the supreme court held

The President could remove executive officials performing exclusively executive functions.

james gerfield 

Which of the following Presidents was assassinated while in office?

false

In Youngstown Sheet & Tube v. Sawyer, the Supreme Court determined that the President CAN invoke his emergency powers as commander-in-chief to seize private property without Congressional approval.

1) Disputes between states and 2) cases involving ambassadors, public ministers, and consuls.

The Supreme Court has original jurisdiction over:

false 

The Constitution established the power of Judicial Review for the Supreme Court in Article III.

the judiciary act of 1789 established

The federal court system, the power of writ of mandamus, and SCOTUS appellate jurisdiction over state court decisions violating the Constitution, federal law, or treaties.

viability

All of the following are additional requirements to get a case to the Supreme Court EXCEPT:

false 

According to the Ashwander Rules, justices on SCOTUS cannot give advisory opinions but they can anticipate constitutional questions prior to hearing it in court.

true

According to the Political Question Doctrine, SCOTUS can refuse to hear a case that deals with political issues better suited for another federal branch of government to resolve.

the supremacy clause in article vi established that

The Constitution, the laws of the United States, and treaties are the supreme law of the land.

structural intent 

All of the following are constitutional interpretative approaches EXCEPT:

true

Judicial Restraint maintains that judges should avoid overturning actions of popularly elected branches of government

marbury v. madison

The power of Judicial Review was established in which of the following cases:

false 

The first twelve (12) amendments to the Constitution are known as the Bill of Rights.

the power of judicial review threatens the autonomy of state courts

the Anti-Federalist arguments against the Constitution include all of the following EXCEPT: 

The people would be able to protect their rights by voting for different representatives and presidents who violate their individual rights.

The Federalist response to the Anti-Federalist argument regarding the absence of a Bill of Rights include all of the following EXCEPT:

9

How many votes from each state was required to pass important legislation?

Correct answer:

1

Under the Articles of Confederation, the states were represented by how many votes in Congress?

false

True or False: Congress elects federal judges under the Constitution.

true

True or False: The Congress created under the Articles of Confederation was a unicameral legislature.

A central government separated into a bicameral legislature, executive branch, and judicial branch.

the virginia plan proposed 

What was the Connecticut Compromise?

In Congress, the House of Representatives would have proportional representation based on state population; the Senate would have equal representation based on state legislature appointments.

issues of the articles

•Congress had no power to tax or regulate commerce.

•Congress could requisition the states for money, but states could still refuse the request and Congress could not enforce the request against the states.

•Congress only received $1.5 million of the $10 million it requested from the states.

•Established a “league of friendship” and failed to identify its own sovereignty

new jersey plan

•Congress would be a unicameral legislature with each state having one vote.

•Proposal by smaller states giving congress taxing and commerce powers and strengthen federal enforcement powers over states.

•Largely the same structural plan as the Virginia Plan.

connecticut compromise 

•The lower house of Congress would have proportional representation based on the state population (the House of Representatives), while the upper house would have equal representation among the states (the Senate).

•Members of the House of Representatives would be directly elected by individuals in a district.

•Members of the Senate would be chosen by the state legislatures.

•All bills for raising or spending money would originate in the lower house; the Senate would not be able amend these bills.

police power

the power to legislate for the health, safety, welfare, and morals of the people

supremacy clause

states the Constitution and federal laws are the supreme law of the land

Judicial checks on the federal government

•Prevent Congress from passing bills of attainder and ex post facto laws

•Bill of attainder – a legislative act declaring individuals or a group to be guilty of a crime without a trial being held.

•Ex post facto laws – a law that retroactively applies criminal liability or increases criminal punishment for an act that was not illegal or previously received a lesser punishment.

•Individual right to trial by jury in all federal criminal cases and right to petition for write of habeas corpus (can be suspended during rebellion or invasion).

•Requires a court hearing to determine the charges filed against an individual and to justify the detention of the individual.

•Ensures an individual cannot be detained indefinitely without a charge filed against him.

Main concerns of the Anti-Federalist

1)The radical nature of the Constitution

•Anti-Federalists wanted a stronger federal government but feared losing liberties, state autonomy, and that certain branches of government (i.e. Congress) had too much power.

•Richard Henry Lee argued the system under the Articles was better since it recognized state sovereignty and preserved political equality

2)The size and scale of the federal government.

•Anti-Federalist believed true republicanism existed at the local state level.

•They argued a large federal government would result in a divisive political situation.

•They argued the federal government was too distant from the concerns of the people.

3)Democratic Representation.

•Anti-Federalist believed the Constitution limited popular representation, like an aristocracy or monarchy.

4)Absence of a bill of rights.

Two categories under which federal courts can act

1)Subject matter – the cases merit federal consideration because of the claims arising under the Constitution, federal laws, treaties, or maritime law.

The parties – cases warrant federal consideration because the parties to the case are the U.S., a state, citizens of different states, or representatives of foreign countries

jurisdiction 

the court in which a case can be properly filed and heard

original jurisdiction

the authority to be the first court to hear and decide a case.

precedent

– previous caselaw that supports a current finding and relates to the case before the court

reversed 

Court overturns lower court’s ruling

remand

makes a ruling on a particular issue and sends the case back to lower court to make a judgment consistent with the upper court’s ruling

affirmed

rules in favor of lower court’s holding

plaintiff 

the party filing a petition against another party in a civil case.

prosecutor

•party (the government) filing criminal charges against a party.

respondent

the party being sued (civil case)

defendant 

the party being accused of a crime (criminal case

civil cases

filed by people seeking civil remedies

criminal cases

filed by the government charging a party with a crime

•Provisions of Article III:

1)Establishment of the Supreme Court (SCOTUS) and authorized Congress to create lower courts.

2)The types of cases and controversies the SCOTUS could hear.

•Jurisdiction of the SCOTUS

•Original jurisdiction:

•Cases involving ambassadors, public ministers, and consuls

•Cases to which a state is a party

•Appellate jurisdiction

•All cases falling under the jurisdiction of the lower federal courts, with exceptions and regulations that Congress makes.

•Jurisdiction of the lower federal courts

•Subjects: Cases

•Federal Question Jurisdiction – cases arising under the Constitution, federal laws, and treaties.

•Affecting ambassadors, public ministers, and consuls.

•Involving admiralty and maritime laws.

•Parties: controversies

•Involving the U.S.

•Between 2 or more states.

•Between a state and citizens of another state.

•Between citizens of different states.

•Between citizens of the same state claiming lands under grants of different states.

•Between a state or the citizens thereof, and foreign nations, citizens or subjects.

Appellate Jurisdiction

SCOTUS can review decisions of lower federal courts and state courts in certain cases (i.e. involves a federal question, state supreme court has made a ruling, etc.)

Appellate courts

•these courts consider the LAW as applied by the lower court to determine if the lower court made a mistake in its ruling.

•Generally, a panel of judges who hear oral arguments or review briefs submitted by attorneys.

•Appellate courts will either uphold the lower court’s ruling, remand (or return) the case to the lower court to correct its ruling consistent with the opinion of the appellate court, or determine a mistrial or retrial of the case is necessary.

Lower courts/district courts

•these courts consider the FACTS of a case.

•Generally, either a bench trial (by judge) or jury trial.

•Review the evidence and testimony of witnesses, then compare it to the law.

•Will issue a verdict (determination of guilt or innocence) and a sentence (punishment).

•Any party to the suit can appeal the ruling of the court to the appellate court.

The power to issue writs of mandamus

•if a citizen wanted a court to issue an order to a public official commanding the performance of a task, the citizen could go directly to the court.

legislative courts 

•Created by Congress to provide technical expertise on specialized subjects and a specific subject matter.

•Judges appointed by the president with the advise and consent of the Senate.

•Judges serve fixed overlapping terms.

•Includes the U.S. Tax Court, U.S. Court of Veterans’ Appeals, U.S. Court of Appeals for the Armed Services, and U.S. Court of Federal Claims.

constitutional courts

•Established by Congress and include federal district courts, courts of appeal, and SCOTUS

•Judges nominated by the president with the advise and consent of the Senate.

•Serve lifetime terms, conditioned on “good behavior.”

SCOTUS

•Highest Court in the country.

•1 Chief Justice and 8 associate justices.

•Nominated by the president and confirmed by the Senate.

•Lifetime appointment; term ends on death, resignation, or impeachment (majority vote in House, then conviction by a 2/3 vote of Senate)

when does SCOTUS have original jurisdiction 

1)Cases between states

2)Cases between a state and the federal government

3)Cases involving foreign ambassadors, ministers, consuls and their staff

4)Cases initiated by a state against citizens of another state or nation

5)Controversies between states

6)Controversies filed against foreign diplomatic personnel

Writ of certiorari

•an order from SCOTUS to a lower court to send a record of the case to determine if the law was correctly interpreted and applied.

•The court grants certiorari when the case is within the discretion of SCOTUS to grant them.

1)A state court decision invalidates federal law; or

2)A state court decision upholds a state law that contradicts the US Constitution or federal law.

3)When a U.S. Court of Appeals invalidated a state law

4)Civil cases in which a lower federal court struck down a federal law

standing 

a)A plaintiff has suffered an actual or imminent injury in fact; AND

b)The injury was caused by the defendant’s actions; AND

c)The relief sought will redress the plaintiff’s injury

ripeness

Plaintiff must show harm has occurred or will imminently occur

Mootness

1)when a controversy ceases to exist at any point during litigation.

A case is not

Ashwander Rules

•Justices will not offer advisory opinions on hypothetical issues or questions

•Justices will not rule on validity of a statute or complaint bought by one failing to show direct injury to person or property

•Justices will not anticipate a constitutional question prior to hearing the case in court.

political question doctrine

•If the case directly relates to a political question that is better suited for another branch of government, then SCOTUS will refuse to hear the case.

•Examples: impeachment practices, President’s decisions regarding foreign affairs, the amendment ratification process, etc.

Typically, public issues and policies

•Appointment Process

•First, President nominates a justice.

•Second, the Senate confirms or rejects the nominee.

senatorial courtesy 

•the nominating president extends to senators of his party the courtesy of first approval/selection of a prospective nominee for a federal district court in their state.

judicial review 

–  The power of a federal court to hold unenforceable any law, any official action based on a law, or any other action by a public official that the court considers to be in conflict with the Constitution

chisolm v georgia

•allowed a citizen of one state to sue another state in federal court. (later 11^th Amendment changed that)

hylton v united states

SCOTUS ruled a federal law was constitutional

martin v hunter’s lessee 

•challenged SCOTUS power to review state court decisions under appellate jurisdiction

•BUT the Court determined the claims to property in the case implicated aspects of the Constitution, federal treaty of 1794 with Great Britain, and the Judiciary Act of 1789… so SCOTUS has Judicial Review power!

originalsim

•Believes SCOTUS should interpret the Constitution according to the provisions of the Constitution and the original intention of the Founders.

literalism

•Contends that a strict interpretation of the actual words used in the Constitution (or the law in question) is proper.

intent of the framers 

•Interprets the Constitution according to what the Framers meant when they created the Constitution and apply it that way.

Living Constitutionalism (pragmatism)

The Constitution is a dynamic document that should be interpreted in light of contemporary societal values and needs

•Balancing of Interests (Individualist-Communitarian Continuum):

•Weighs the interests of the protection of individual rights against countervailing societal needs.

Stare Decisis

•Takes previous rulings from similar cases and the law applied in those cases to apply it in the current case.

Judicial Restraint

•Judges should avoid overturning actions of popularly elected branches of government.

•Judicial Activism

Judges are encouraged intervene and reverse actions of elected officials

electoral college 

•Popular vote within the state toward electors.

•Electors case votes for the president.

•Each state receives electors equal to the total number of representatives the state has in Congress: 2 seats in the Senate plus each member of the House representing the state.

•Winner take all system except for Nebraska and Maine; they assign two electoral votes by state and the rest by congressional districts.

•Currently, a candidate needs 270 electoral votes or a majority of votes to win election.

•If no candidate receives a majority of electoral votes, the election of the President then proceeds in the House of Representatives and the election of the vice president in the Senate.

process to impeach

1)The House votes to pass “articles of impeachment” that state the reasons for removing the President. (simple majority vote)

2)The Senate conducts an investigation and holds hearings regarding any evidence that indicates the President should be removed from office.

3)The Senate votes to remove the President from office.

a) A two-thirds vote (67 votes) in the Senate.

Constitutional or Whig Theory

•The president is limited to the powers expressly granted in the Constitution.

•No implied powers unless granted by Congress or the Constitution.

•Proponents: Madison and Hamilton.

Stewardship Theory

•the President acts as a steward or trustee of the people and will do whatever is necessary for the public good unless expressly forbidden in the Constitution.

Prerogative or Unitary Executive Theory

•the President must use whatever power the Constitution does not expressly deny him.” (Harry Truman)

•Similar to Stewardship Theory but the President uses his discretion to act for the public good lacking legal support for his actions and sometimes against legal limits.

presidential roles

•Commander-in-chief

•Chief executive

•Legislative leader

•Chief diplomat

presidential legislative powers 

•Veto powers (Congress can override veto with a 2/3 vote in both houses).

•Annual address to Congress (State of the Union).

•Propose legislation to Congress.

•Power to convene special legislative sessions.

the pardoning power of the president

•Reprieve – postpones punishment.

•Commutation – reduces the sentence.

•Pardon – restores all civil rights to persons and revises their legal status in all respects.

Important note: presidents can only pardon violations of federal law