poli midterm

classical liberalism  

limited govt

classical republicanism

what doc did locke inspire

DOI

events leading to american revolutionary war

response to the intolerable acts

first cont congress

what happened at the first cont congress

weaknesses of the articles of confederation

9/13 states required to pass

couldn’t tax

couldn’t have standing armies

what led up to the ….

shays rebellion

Annapolis Convention 5/13 states

great compromise

between VA and new jersey

checks and balances

prez check on congress= veto 

judical on congress = judical review 

Congress on prez = impeachment, senate confirmation, power of the purse, 2/3 override of a veto, reject treaties 

Congress checks on the judiciary = confirm on judges, impeachments,

Congress is the only one that can purpose

prez on judicary = appiointment

judicary on prez = judical review

prez cant get 2/3 senate = executive agreement w another contry same force as a froaml treaty - circumvents congress

expires at the end of the term

universal injunctions trump v casa 

how to preserve separation  of power - madison

enumerated powers v implied powers

implied are necessary in order for congress to carry out responsibilities

necessary and proper clause

• in the const

fed law > state law - objected to by brutus

supremacy clause

privileges and immunities clause

states have to abide by other states laws 

full faith and credit clause

dual federalism v cooperative federalism

dual = separation between states and the national govt

cooperative = working together

examples: education (title I), healthcare (medicare, medicaid)

what lead to the shift between dual and cooperative

the new deal 

categorical grants v block grants

categorical = given for a specific reason and have to be used in that category (LBJ)

block = overall (nixon) devolution

gerrymandering

redrawing districts to benefit a political power

impeachment amendment

25th amendment

circuit split 

judicial instrument to get a case to SCOTUS

writ of cerciori

federalist 78

• What was Aristotle’s contributions to the Founders?

insight that factionalism compromised stability

What compromised political stability according to Aristotle?

factions / class conflict

• What were the Romans’ contributions to the Founders?

balancing political institutions = stability

• What were Locke’s contributions to the Founders?

natural individual rights and consent of the governed

• What were Montesquieu’s contributions to the Founders?

separation of powers and checks and balances

• Classical Liberalism

limited govt and individual rights

Classical Republicanism

common good over self interest

• Declaration of Independence

goals of american politics

constitution

= means by which those goals were to be pursued

• What events led to the American Revolutionary War?

• Seven Years War, Sugar Act, Stamp Act, Boston Massacre, Boston Tea Party, Intolerable Acts, first cont congress

• Second Continental Congress

continental army was created, DOI 1776

• The Articles of Confederation: strengths and weaknesses?

strengths: conduct foreign affairs, requisition the states for money/men/materials for war, borrow money, regulate indian affairs, establish a postal system

weaknesses: cant not tax citizens, regulate trade between states, raise an army, no executive

• What events led to the Constitutional Convention?

• Annapolis Convention, Shay’s Rebellion

• Virginia Plan

powerful national govt

New Jersey Plan

more limited govt

• The Great Compromise + Three-Fifths Compromise

great compromise: dual system of representation- equal from each state for upper house, lower would be proportional

3/5 compromise: slaves are 3/5 of a person

• General debate between the Federalists and Anti-Federalists?

feds: stronger nat govt

ant feds: opponents of a stronger nat govt

• Federalist 10

  • Preferable to remove causes of factions or control their effects? Why?

control their effects: easy when faction is minority group

• Benefits of a large republic over a small one?

more votes required, more territory = less spreading of dangerous ideas, oppressive majority less likely

• Federalist 51

  • How can separation of power be maintained according to Madison? 

checks and balances , bicameralism = separation of powers within legislature

• How does checks/balances relate to human nature according to Madison?

human nature is driven by ambition = encroachments of power

• How does federalism provides a “double security”?

no single entity becomes too powerful

• Storing, What the Anti-Federalists Were For (Chapter 3)

  • Benefits of a small republic over a large one according to the Anti-Federalists?

voluntary obedience to laws, genuine responsibility to the people, citizens who will maintain republican govt

• Brutus 1

  • Necessary and Proper Clause? 

congress has power to make laws to carry out powers of the fed govt

• Supremacy Clause?

fed law takes precedence over any conflicting state law

example: gay marriage

• Why is the federal legislative power to tax too extreme according to Brutus?

the power to tax is the most important power, congress defines common defense, general welfare

• How might the Constitution abolish state legislatures according to Brutus?

Necessary and Proper Clause may “abolish the state legislatures”

Necessary and Proper Clause gives federal government “absolute and uncontrollable power”

• • Federal -vs- Unitary -vs- Confederate Government Systems

federal: some powers to nat govt, some to subnational levels, some exercised concurrently

unitary: centralized govt with one authority

confederate: loose governing = separate republics, nations join together for foreign policy/defense, but keep control over all domestic affairs

• Enumerated Powers,

powers of congress defined by the constitution

• powers to tax, regulate commerce/coinage, raise armies, declare war

• Implied Powers,

powers of congress not defined

• IRS, military draft, highway system, social security, air travel

• Inherent Powers ( national powers)

executives can take any/all action to defend/protect

not explicitly listed in Constitution

• control immigration, develop intelligence, emergency powers during war

• Concurrent Powers

• powers for both state and federal levels

  examples: tax, enforce/make laws, emiment domain

• emiment domain

the government's power to take private property for public use

Reserved Powers

only states

examples: conduct elections, intrastate commerce

necessary and proper clause

grants Congress the authority to make laws that are "necessary and proper" to execute its enumerated powers

Powers Denied to the States

- Guarantee Clause

- Federal Obligations to the States

- Relations among the States

- Full Faith and Credit Clause, Privileges and Immunities Clause, Extradition Clause

Extradition Clause = requires return of ppl accused of a crime to return to their state

Immunities Clause = states must deal with eachothers’s citizens fairly 

Full Faith and Credit Clause, = states must respect laws

- Dual Federalism –vs– Cooperative Federalism. What led to the shift?

-

dual = 2 levels w little overlap/shared authority examples: education, health care, welfare

cooperative = what we have currently, nat/state/local govts share responsibilities

great depression led to the shift - state/local govt were in crisis

Devolution

returning political authority from nat govt to states

- Categorical Grants –vs– Block Grants –vs– General Revenue Sharing

categorical grants: congress funds program making fed funds available to states for specific things MEDICAID, title one schools 

block grants: can be used for anything 

GRS: less restrictive than block discontinued in 1986

- Fiscal Federalism: LBJ, Nixon, Reagann

LBJ = passed 200 + new programs, coercive federalism: nat govt was forcing states into national dictates 

Nixon = block grants: given to states to be used in any way TANF

General Revenue Sharing (GRS): program enacted in 1974 (discontinued in 1986) = unrestricted federal funds to states for highest priotiy

reagan = thought govt was to big/intrusive/expensive, cut taxes @ national level, cut revenue transfers, cut govt completely

Constitutional Qualifications for Service in Congress

house: 25yrs, 7yrs citizen, res of state 2 yr

senate: 30yrs, 9 yrs citizen, red of state 6 yrs

- Redistricting + Gerrymandering

drawing lines for voting/political advantage. called this bc mass governor elbridge gerry

- Speaker of the House’s Responsibilities

political and parliamentary leader of the House and is simultaneously its presiding officer, de facto leader of the body's majority party, and the institution's administrative head

- Models of Representation: Delegate, Trustee, Politico

trustee: use their own expertise/judgement 

delegate: directly reflecting views of constituents

politico: both 

- The Legislative Process?

90% of bills die w/o a floor vote most bills die in committees

- Federalist 63

• Indirect election of Senate + longer terms → Protection from tyranny

• Longer terms + indirect election → Greater esteem by foreign powers

• Longer terms → more accountable 

- How can the Senate provide protection against tyranny?
-

• Indirect election of Senate + longer terms

What objection to the Senate did Madison consider and refute?

Federalist No. 62, James Madison considered and refuted the objection that the equal representation of states in the Senate was not based on sound political theory

- 17th Amendment?

direct election of United States senators in each state.

- Declare War Clause

congress has the power to declare war

Powers of the President of the United States?

• pardon power

• power to propose: gives prez ability to propose leg to congress

• veto power

• take care clause: requires that the prez enforce US laws

• appointment powers: prez shares power of appointmenting senior officials w senate

• foreign affairs & treaty making:

• commander in chief

- Constitutional Limitations: Congress, Courts, Impeachment, 25th Amendment

jud check on on execANDleg = judicial review 

exec check on leg = veto power, judicial nominations

exec check on jud = appointing fed judges

legislative check on exec = reject nominations, overturn vetos, ratify treaties, power of the purse

leg check on jud = impeach judges, amend the const

- Impeachment Process

senate = sole power to “try” ie hold an impeachment trial 2/3 majority vote

house = sole power to IMPEACH ie formally charge w/ wrongdoing simple majority vote

impeachable offenses: treason, bribery, misdemoners , articles of impeachment. 

- Trump’s Impeachments (2019 and 2021). Why was he impeached?

1st charge = abuse of power + obstruction of congress

2nd charge = incitement of Insurrection 

- Unitary Executive Theory and George W. Bush Administration

prez = exec authority = sole judge of what is required to protect nation

bush authorized the use of military force after 9/11

- John Locke on “Prerogative”

power to act according to discretion for the public good w/o the prescription of the law & sometimes even against it

- Lincoln on Presidential Authority

lose the nation to protect the const. amputate a limb to save a life. uncosnt measures become lawful if needed to protect the const

- Executive Vesting Clause

exec power shall be rested in the prez of the US

Judicial Review

power of federal courts to hold a law or official act based on the law to be null, void, or unenforceable bc it is in conflict w const

not explicitly defined in the const

- Jurisdiction of the Federal Courts

• cases that raise federal questions involving const or fed law 

  • civil (armed violations) 

  • criminal (drug trafficking)

  • cases involving diversity of citizenships 

- The Structure of the Federal Judicial System

-

• The federal court system consists of three layers: 

  • U.S. district courts (base) – 94

  • U.S. courts of appeals (middle) – 13 

  • U.S. Supreme Court (top) – 1

Differences between U.S. District Court, U.S. Court of Appeals, Supreme Court
-

district courts (94): authority to try the most cases within fed court system, virtually all cases are tried in district courts w judges/juries, each state 1-4 courts

appeals (13): 12 circuits + 1 for federal circuit. 3 judges, NO new witnesses/evidence/jury, usually deal w legal/procedural issues

supreme court (1): highest court in all the land

Writ of Certiorari
-

7-8000 cases come to SCOTUS by cert = judicial instrument that requires lower court to deliver the records for review only 80 per year w const issues

Tenure of Federal Judges

life tenure, can only be removed by impeachment by house+senate trial

impartial bc no fear of retaliation

- Types of Judicial Review: Lower Court Action, Federal Agency Actions, State Legislation,
Congressional Legislation, Executive Orders

• lower court action: 2/3rds of cases seen by SCOTUS result in a reversal of the lower court decision 

• fed agency actions: much more common than review of fed/state legislation. Congress often legislates in general terms = agencies implement actual policy 

• state legislation: more common than jud review agaisnt cong/prez. 1000+ have been declared unconst

• congressional legislation: uncommon, only 182 acts

• executive order: least common 

- SCOTUS: Original vs Appellate Jurisdiction
-

original: cases involving disputes btwn states/ambassadors (happens less than once a year) 

appellate: casses from US court of appeals or the highest court in a given state

Universal Injunctions

• prhibits the fed govt from implementing a challenged policy/law against anyone in the US, not ONLY the specific parties involved in the lawsuit

• protect all ppl from unconstitutional or illegal govt actions while the case is ongoing

- Trump v. CASA, Inc. (2025)

• fed courts lack the statutory authority to issue universal injunctions

• effectivley limis birthright citizenship to 22 states and 2 immigrants rights groups

- Jefferson’s Criticism of Judicial Review

• if law contravenes const it is invalid BUT said it is not ONLY the courts role to decide

- Departmental Theory of Constitutional Interpretation
-

• each branch decides what is const

• SCOTUS doesn’t have a monopoly - is not the sole decision