Review of Constitutional Principles and Government Structure

A comprehensive collection of flashcards based on lecture notes covering the Constitution, government branches, and significant court cases.

Preamble

The introduction to the Constitution stating its purpose to establish justice, promote welfare, and secure liberty.

Bicameral Legislature

A legislative body with two chambers, specifically the Senate and House of Representatives.

Separation of Powers

The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another.

Senate

The upper chamber of Congress with 100 members, two from each state, serving six-year terms.

House of Representatives

The lower chamber of Congress with 435 members, representation based on state population.

Impeachment

The process by which a legislative body can remove an official from office for misconduct.

Filibuster

A tactic used in the Senate to delay or block a vote on a bill by extending debate.

Cloture

A procedure used to end a filibuster, requiring a minimum of 60 votes.

Necessary and Proper Clause

Grants Congress the power to make laws to carry out its enumerated powers, often referred to as the elastic clause.

Supremacy Clause

Establishes that the Constitution, federal laws, and treaties are the supreme law of the land.

Judicial Review

The power of courts to declare laws and actions of government unconstitutional.

Federalism

A system of government in which power is divided between a central authority and constituent political units.

Concurrent Powers

Powers that are shared by both the federal government and state governments.

Enumerated Powers

Specific powers granted to Congress by the Constitution, found in Article 1, Section 8.

Amendment Process

The method for changing the Constitution, requiring approval from both Congress and state legislatures.

Article 1

The section of the Constitution that outlines the Legislative Branch, including Congress's powers.

Article 2

The section of the Constitution that outlines the Executive Branch and the powers of the presidency.

Article 3

The section of the Constitution that establishes the Judicial Branch and the Supreme Court.

Judicial Appointments

The President's authority to appoint federal judges with the advice and consent of the Senate.

Petition for Writ of Mandamus

A court order compelling someone to execute a duty that they are legally obligated to complete.

Gerrymandering

The practice of redrawing electoral district boundaries to benefit a particular political party.

Checks and Balances

A system that ensures that no one branch of government becomes too powerful.

Executive Orders

Directives issued by the President that manage the operations of the federal government.

State of the Union Address

A yearly report by the President to Congress outlining the nation's status and legislative agenda.

Civil Liberties

Fundamental rights and freedoms protected from infringement by the government.

First Amendment

Part of the Bill of Rights that protects freedoms of speech, religion, press, assembly, and petition.

Establishment Clause

The clause in the First Amendment prohibiting the government from establishing a religion.

Free Exercise Clause

The clause in the First Amendment that protects individuals' rights to practice their religion.

Anti-federalists

Opponents of the Constitution during its ratification who favored stronger state governments.

George Mason

A prominent anti-federalist who advocated for the inclusion of a Bill of Rights.

Virginia Declaration of Rights

An early document that inspired the Bill of Rights by outlining individual rights.

James Madison

The fourth President of the United States, known as the 'Father of the Constitution'.

Marbury vs. Madison

The landmark case that established the principle of judicial review in the United States.

McCulloch vs. Maryland

A Supreme Court case that confirmed the supremacy of federal laws over state laws.

Baker v. Carr

A Supreme Court case that addressed legislative apportionment and the principle of 'one person, one vote'.

Shaw v. Reno

A Supreme Court case ruling that racial gerrymandering must not dominate the redistricting process.

Bureaucracy

The administrative system governing any large institution, particularly in government.

Iron Triangle

The stable, mutually beneficial relationship between congressional committees, bureaucratic agencies, and interest groups.

Cabinet Departments

Major administrative units in the executive branch that have distinct functional areas.

Independent Agencies

Government agencies that operate independently of the executive departments.

Civil Service Reform

Legislation aimed at improving the hiring process and accountability within the bureaucracy.

Discretionary Authority

The ability of bureaucratic agencies to make decisions within the framework of their statutory authority.

Rulemaking Authority

The power granted to bureaucratic agencies to create detailed regulations based on legislation.

Civil Rights

The rights of citizens to political and social freedom and equality.

Citizens United v. FEC

A Supreme Court case that ruled that corporate funding of independent political broadcasts cannot be limited.

Obergefell v. Hodges

The Supreme Court decision that legalized same-sex marriage nationwide.

Public Opinion

The aggregate of individual attitudes or beliefs on a particular issue or topic.

Political Climate

The prevailing political mood or atmosphere that influences government and political behavior.

Judiciary Act

The act that established the federal judiciary and its structure, including district and appellate courts.

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts.

Judicial Philosophy

The set of beliefs about how judges should interpret the law, including strict and loose constructionism.

Precedent

A legal principle or rule established in a previous case that serves as an example in subsequent cases.

Stare Decisis

The legal principle of determining points in litigation according to precedent.

Federal District Courts

The general trial courts of the United States federal court system.

Supreme Court Justices

Judges of the Supreme Court, the highest court in the United States.

Constitutional Convention

The 1787 meeting in Philadelphia leading to the drafting of the United States Constitution.

Robert Bork

A U.S. Supreme Court nominee whose contentious confirmation hearings highlighted the political nature of judicial appointments.

Executive Agreements

International agreements made by the President that do not require Senate ratification.

Presidential Powers

The authority granted to the President as the head of the executive branch, including legislative, military, diplomatic, and judicial powers.

Lobbying

The act of attempting to influence the decisions of government officials.

Interest Groups

Organizations of people sharing common objectives who seek to influence political decision-making.

Discharge Petition

A method to bring a bill out of committee and to the floor for a vote in Congress.

Pardoning Power

The President's authority to forgive a person for a federal crime, eliminating the punishment.

State Constitutions

The governing documents that outline the laws and structure of individual state governments.

Legislative Process

The series of steps taken for a proposed law to become official.

Public Comment Period

The phase in the rule-making process where the public can give feedback on proposed regulations.

Final Rule

The official regulation adopted after considering public feedback during the rulemaking process.

Budget and Impoundment Control Act of 1974

A law aimed at limiting the President's ability to refuse to spend appropriated money.

Executive Order 11246

An executive order prohibiting discrimination in employment by federal contractors.

Civil Rights Act of 1964

Landmark legislation that prohibited discrimination based on race, color, religion, sex, or national origin.

Social Media Influence

The ability of social media platforms to shape public opinion and influence political decisions.

Checks on Presidency

Mechanisms such as Congress's power to impeach, override presidential vetoes, and confirm appointments that limit the power of the President.

Expansion of Federal Power

The increase in the authority and influence of the federal government over time through various means including legislation and judicial rulings.

Federalist No. 70

An essay by Alexander Hamilton advocating for a strong executive leader to ensure effective governance and stability.

Presidential Communication

The means by which the President communicates with the public and Congress, including speeches, press releases, and social media.

The Judicial Branch

The branch of government responsible for interpreting the law and administering justice, comprised of courts and judges.

Federalist No. 78

An essay by Alexander Hamilton that argues for the independence of the judiciary and its role as a check on the legislative branch.

Madison vs. Marbury (1803)

A landmark Supreme Court case establishing the principle of judicial review, allowing courts to invalidate laws that contradict the Constitution.

The Legitimacy of the Judicial Branch

The acceptance and recognition of the judicial branch as a legitimate and vital part of government power, ensuring rule of law.

Judicial Interpretations

The way courts interpret laws, which can vary based on the judges' philosophies, leading to different outcomes in cases.

Landmark Court Decisions

Major Supreme Court rulings that have significant impacts on law and public policy, such as Brown v. Board of Education and Roe v. Wade.

Factors Influencing Judicial Decisions

Elements that impact how judges decide cases, including legal precedents, personal beliefs, public opinion, and political pressures.

The Federal Bureaucracy

The administrative system governing the day-to-day operations of the government, responsible for implementing laws and regulations.

Federal Communications Commission (FCC)

An independent agency of the U.S. government that regulates interstate communications by radio, television, wire, satellite, and cable.

Bureaucratic Organizations and Their Interactions

The various agencies and departments within the bureaucracy and how they collaborate or conflict in the implementation of policy.

Civil Service Reform and the Pendleton Act

Legislation passed in 1883 to establish a merit-based system for federal employment to reduce corruption and the spoils system.

Holding the Bureaucracy Accountable

The mechanisms through which Congress, the President, and the public ensure that bureaucratic agencies act in accordance with laws and standards.

Checks on Presidency

Mechanisms that limit the powers of the President, such as the congressional authority to impeach, override vetoes, and approve appointments.

Expansion of Federal Power

The gradual increase in the federal government's authority, mainly through interpretations of the Commerce Clause and the Necessary and Proper Clause.

Federalist No. 70

Hamilton argues that a strong, singular executive is essential for good governance and effective administration.

Presidential Communication

Various forms through which the President relays information and messages to the public and Congress, including speeches, press conferences, and social media.

The Judicial Branch

One of the three branches of government, tasked with interpreting the law and ensuring justice, consisting of federal and state courts.

Federalist No. 78

Hamilton discusses the importance of an independent judiciary, its role in protecting individual rights, and its ability to declare legislation unconstitutional.

Madison vs. Marbury (1803)

Established the principle of judicial review, affirming the judiciary's authority to invalidate laws that conflict with the Constitution.

The Legitimacy of the Judicial Branch

The judicial branch's recognized authority to interpret laws as legitimate in the eyes of the public and other governmental branches.

Judicial Interpretations

Courts' varying methods of interpreting the law based on legal texts, precedents, and broader principles of justice.

Landmark Court Decisions

Supreme Court rulings that have profoundly shaped American law, including cases like Roe v. Wade and Obergefell v. Hodges.

Factors Influencing Judicial Decisions

Influencers such as legal precedent, philosophical beliefs of judges, sociopolitical context, and public opinion that shape rulings.

The Federal Bureaucracy

An organized system of government agencies responsible for the oversight and implementation of federal laws and policies.