Gov Final Study Guide (22)

Judicial Branch

The court system of the United States, it is the part of the government that interprets the laws

Judicial review

The power of the courts to determine whether laws or executive actions are unconstitutional

lifetime

The length of the appointment of a federal judge

"clear and present danger"

Phrase used in a Supreme Court decision to indicate one of the reasons why government might be allowed to limit speech; if that speech could be reasonably believed to lead to disorder or violence, it can be limited

bail

Sum of money used as a security deposit to ensure that an accused person returns for his or her trial

Bill of Rights

The first 10 amendments to the Constitution; added in 1791 to define the rights of the people and the states and address a key "Anti-Federalist" complaint

civil court

A court of law, in which people can sue other citizens or companies for money damages

criminal court

A court of law, in which criminal cases are tried and determined

"double jeopardy"

Being tried twice for the same offense (forbidden by the 5th Amendment, unless you are appealing a case you lost)

due process of law

Principle in the 5th Amendment stating that the government must follow proper constitutional procedures in trials and in other actions it takes against individuals

Grand Jury

Jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues an indictment.

indictment

Formal charge or accusation of a serious crime

judge

Someone who presides over a trial

jury

Group of 12 citizens, chosen from a jury pool, to hear evidence and make a decision in a court of law

probable cause

Solid reason to believe that a crime has been committed, or is being committed

search warrant

Written order, signed by a judge, specifying the area to be searched and what the police are searching for

subpoena

Legal order that forces witnesses to come to court to testify, whether they want to or not

symbolic speech

Conduct (actions, what you wear, and more) that expresses an idea

U.S. District Courts

The entry-level trial courts of the three-tier federal court system; this is where federal criminal and civil cases begin

U.S. Circuit Court of Appeals

The second-tier of the federal court system, they hear appeals of decisions made in the lower trial courts.

U.S. Supreme Court

The highest court of the United States; it chooses which cases being appealed from the Circuit Court level (as well as state Supreme Courts and specialty courts) it will hear

9

Number of Supreme Court justices (but this number is not specified in the Constitution)

Method 1 to Amend the Constitution

A joint resolution in Congress must pass BOTH the House AND the Senate with a supermajority of 2/3 support; after that, 38 out of 50 states must approve it (either through the state legislature or a special convention)

Method 2 to Amend the Constitution

Two-thirds of the U.S. states (34) can demand a Constitutional Convention, at which states may propose new amendments to the Constitution (these would need 3/4 state support for ratification); this method has never actually been used

1st Amendment

Freedom of religion, assembly, press, petition, and speech

2nd Amendment

Citizens may privately own weapons (within regulations provided by the government)

3rd Amendment

The government may not force you to house soldiers in your home (unless in time of war, under conditions clearly explained by a law that would be passed by Congress)

4th Amendment

Protection against "unreasonable" searches and seizures that are conducted without a legal warrant that is based upon "probable cause" and that specifies the place to be searched and what is to be seized.

5th Amendment

Right to due process of law; no "double jeopardy"; you can't be forced to testify against yourself; a grand jury must determine whether there is enough evidence to charge someone with a serious crime; government must pay fair compensation for private land taken for "eminent domain" (public uses)

"Taking the 5th"

Not responding to a question in court, in order to avoid incriminating yourself in a trial

6th Amendment

You have the right to: a speedy and public criminal trial by an impartial jury (unless you choose a trial by a judge); request a change of location for the trial; know the charges against you; hear and question all witnesses against you; call witnesses (through a subpoena); and, to be defended by a lawyer.

7th Amendment

You have the right to a jury trial in civil cases about property worth more than $20 (unless both parties agree to a trial by a judge)

8th Amendment

Protection from: excessive bail amount; excessive fines; and, "cruel and unusual" punishments

9th Amendment

Makes it clear that the people's rights are NOT limited to only those rights listed in amendments 1-8

10th Amendment

Clarifies that any powers not specifically given by the Constitution to the federal government are reserved to the states, or to the people

Congress

The legislative branch of the United States

The President

Head of the executive branch of the United States

435

The number of voting representatives in the U.S. House

100

The number of U.S. Senators

Population size

The reason why some states have more or fewer representatives in the U.S. House than others

2 years

The length of a term in office for representatives elected to the U.S. House

6 years

The length of a term in office for those elected to the U.S. Senate

President of the Senate

The Vice President of the United States is given this title and power, but may only vote when a Senate vote is tied

impeachment

A formal accusation of wrongdoing by a government official; such a charge can only be made by the U.S. House of Representatives

Treason, Bribery, "High Crimes and Misdemeanors"

The crimes listed in the U.S. Constitution for which the President, Vice President and other civil officers of the United States may be impeached by the House

impeachment trial

Only the U.S. Senate has this power, with each Senator becoming a juror

Removal from office by impeachment trial

Requires the agreement of two thirds of the members of the U.S. Senate; otherwise, the impeached official will remain in office

veto

A "no" issued by an executive (such as the President at the national level, or a governor at the state level) that prevents a bill passed by a legislature from becoming a law

override of a veto

The process by which each chamber of Congress votes on a bill vetoed by the President; to pass a bill over the president's objections requires a two-thirds vote in each chamber.

House of Representatives

Has the sole power to impeach government officials, and all revenue bills MUST be initiated in this chamber of Congress

The Senate

Has the sole power to hold a trial to consider removing an impeached official from office, and the power to approve or deny treaties, and to confirm or deny the President's appointment of judges, ambassadors and Cabinet secretaries (among others)

declaration of war

The Constitution states that this power belongs to Congress

filibuster

A delaying tactic used by a member of the Senate to block a vote on a measure favored by the majority; it developed by custom and is not in the Constitution

Social Contract

An implied agreement among individuals to secure their rights and well being by creating a government and abiding by its rules

John Locke

Philosopher of government who argued humans have "natural rights" that governments must respect and protect; governments that abuse those natural rights are violating the social contract and may be overthrown by the people

Thomas Hobbes

Philosopher of government who argued that human life in a state of nature is "nasty, brutish and short," and that the answer is for people to surrender their freedoms to an all-powerful ruler in return for law and order

law

A bill passed by a legislature and signed and enforced by an executive, which creates or updates rules or regulations about what may or may not be done within a society

Chuck Schumer

Senate Majority Leader (Democratic Party)

Mitch McConnell

Senate Minority Leader (Republican Party)

Jeff Merkley

Junior US Senator of Oregon (Junior, in this sense, means he has been in office less time than the state's other Senator)

Ron Wyden

Senior US Senator for Oregon (Senior, in this sense, means that he has been in office longer than the state's other Senator)

Majority party controlling the SENATE right now

Democratic party

Majority party controlling the HOUSE right now

Republican Party

Electoral College

The method the Constitution created to elect the President

538

Total number of electoral votes in the Electoral College

270

Number of electoral votes needed to win the Electoral College

\# of Representatives + 2 Senators

Formula to figure out how many electoral votes a state is assigned

4

The number of years in a presidential term of office

2

The maximum number of elected terms a President may serve, as a result of the 22nd Amendment

Requirements to become President

At least 35 years old and a natural born citizen

elector

A person selected by a state legislature to cast votes for the state in the actual Electoral College election

popular vote

the votes cast by individual voters in a presidential election, as opposed to the electoral vote; it does NOT elect the President

incumbent

A person who currently holds a publicly elected office (and who may, or may not, be running for re-election)

primary election

Election (usually held earlier in the year) in which voters decide which of the candidates within a party will represent that party in the general election for that position; it usually has the lowest voter turnout of any type of election

general election

The final step in the election process, in which voters decide which candidates will actually fill the elected public offices

midterm election year

The congressional election that occurs midway through the president's term of office; all of the U.S. House seats and 1/3 of the U.S. Senate seats are up for election, but the Presidency is not

presidential election year

Occurs every four years (2012, 2016, 2020, etc.) and includes the election of the President, all of the U.S. House seats and 1/3 of the U.S. Senate seats

"winner take all"

system in which locally-based candidates compete for a single elected position, and the candidate who has the most votes (even if less than a majority) wins

echo chamber

The reinforcing of beliefs when people hear the same type of viewpoints repeated from the news sources they choose, from the social media posts of like-minded friends, from online filter bubbles, and from search term biases they may not even be aware of

filter bubble

A state of intellectual isolation caused by reliance on personalized searches and news feeds; this happens because algorithms show you more of what you have liked before and leave out what will not engage you (based on your location, type of device, past click behavior, search history, etc.)

misinformation

Any false information (regardless of intention), including honest mistakes or misunderstandings of the facts

disinformation

False information that is created and spread intentionally as a way to confuse or mislead others

confirmation bias

The human tendency to search for information that supports our preconceptions, as well as to interpret new information so that it supports the existing beliefs that we identify with and are invested in

conservatism

A political ideology based on tradition and social stability, favoring limited government to preserve competitive markets and personal opportunity

liberalism

A political ideology that emphasizes rule of law, representative democracy, the natural rights of citizens, and the protection of private property; over time, it has expanded to emphasize equality of opportunity and consumer and environmental protection

left wing

Those who support varying degrees of social, political or economic change intended (from their perspective) to promote the public welfare

right wing

Those who support political, social or economic conservatism, minimizing changes to the status quo, except where (from their perspective) it is necessary

political party

An organization that seeks to control government through the winning of elections and the holding of public office, so that it can set policy at federal, state and (sometimes) local levels

party discipline

The ability of party leaders to bring party members in the legislature into line with the party program on key votes, usually through a combination of pressure, and/or potential rewards or punishments

party platform

A document drawn up at each national party convention, outlining the policies and priorities of the party for the next four years

bipartisan

Involving the agreement or cooperation of two political parties that usually oppose each other's policies

partisanship

Prejudice in favor of a particular party, cause or person

interest group

An organization of people sharing a common goal, it seeks to influence the making of public policy by informing or contacting government officials, and not by running for office themselves

endorsement

An act of giving one's public approval or support to someone or something

lobbyist

A person who is hired to represent an interest group or corporation, in an effort to influence policy decisions at various levels of government

lobbying

Direct contact made by someone hired to represent an interest group, in order to persuade government officials to support the policies their interest group favors

FEC

An independent commission in the executive branch that records and regulates campaign activities (such as donations, expenditures, and lobbying); when it has fewer than 4 commissioners (such as right now), it is unable to enforce campaign finance laws

PAC

Created by interest groups and corporations, it can accept limited donations and make limited contributions (usually around $5,000) directly to politicians and parties

Super PAC

Can collect unlimited donations and can spend unlimited amounts on indirect advertising; this means it cannot give money directly to campaigns and must not coordinate with any party or candidate

dark money

Political donations that remain anonymous because they are funneled through nonprofit organizations that don't have to report the names of their donors