US Government and Politics Review

Flashcards based on lecture notes about US Government and Politics

What document justified separation from Britain and discusses natural rights?

Declaration of Independence

Which foundational document only had a Legislative Branch, required all states to amend, and lacked the ability to pass legislation quickly or put down uprisings, ultimately leading to the need for the Constitution?

Articles of Confederation

This document provides the framework of U.S. government and establishes separation of powers & federalism.

The Constitution

Which Federalist Paper (Madison) discusses that factions are inevitable and that a large republic prevents tyranny?

Federalist No. 10

Which Anti-Federalist paper feared centralized power and loss of liberty?

Brutus No. 1

Which Federalist Paper (Madison) discusses separation of powers & checks and balances?

Federalist No. 51

Which Federalist Paper (Hamilton) argues that a strong, single executive is needed for energy & accountability?

Federalist No. 70

Which Federalist Paper (Hamilton) discusses an independent judiciary and the power of judicial review?

Federalist No. 78

What document discusses just versus unjust laws and civil disobedience?

Letter from Birmingham Jail (MLK)

What constitutional principle refers to the division among legislative, executive, and judicial branches?

Separation of Powers

What constitutional principle refers to each branch's ability to limit the powers of the others?

Checks and Balances

What constitutional principle refers to the division/sharing of power between national and state governments?

Federalism

What constitutional principle means that power comes from the people?

Popular Sovereignty

What constitutional principle means that government is restricted by the rule of law?

Limited Government

What constitutional principle means that citizens elect representatives to make decisions?

Republicanism

Model of democracy where citizens have the power to make policy decisions directly or closely influence them through broad participation in politics and civil society, often through referendums or town hall meetings.

Participatory Democracy

Model of democracy where political power is distributed among many competing interest groups and this competition leads to compromise and balance.

Pluralist Democracy

Model of democracy where a small group of people, usually the wealthy or well-educated elite, hold the most power and influence decisions, and citizens have limited influence.

Elitist Democracy

SCOTUS case that established that there is no school-sponsored prayer and references the establishment clause (1st Amendment).

Engel v. Vitale (1962)

SCOTUS case that discusses religious freedom over school attendance (1st Amendment→ Free Exercise Clause).

Wisconsin v. Yoder (1972)

SCOTUS case that says symbolic speech is protected in schools (1st Amendment → Free Speech).

Tinker v. Des Moines (1969)

SCOTUS case that references the “clear and present danger” test for free (pure) speech (1st Amendment → Free Speech).

Schenck v. U.S. (1919)

SCOTUS case that says prior restraint violates the freedom of the press (1st Amendment).

NY Times v. U.S. (1971)

SCOTUS case that incorporated the 2nd Amendment to the states

McDonald v. Chicago (2010)

SCOTUS case that discusses the right to an attorney in state trials (6th Amendment).

Gideon v. Wainwright (1963)

SCOTUS case that established judicial review?

Marbury v. Madison (1803)

SCOTUS case that discusses the supremacy clause and implied powers?

McCulloch v. Maryland (1819)

SCOTUS case that limited Congress’ power under the commerce clause?

U.S. v. Lopez (1995)

SCOTUS case that references one person, one vote and the justiciability of redistricting (14th Equal Protection Clause)?

Baker v. Carr (1962)

SCOTUS case that discusses no racial gerrymandering (14th Equal Protection Clause)?

Shaw v. Reno (1993)

SCOTUS case that says segregation violates equal protection clause (14th amendment Equal Protection Clause)?

Brown v. Board (1954)

Branch that makes laws; bicameral (House & Senate); power of the purse.

Congress (Legislative)

Branch that enforces laws; commander-in-chief; veto power.

President (Executive)

Implements policies and is regulated through rulemaking.

Bureaucracy

Branch that interprets laws and has judicial review.

Courts (Judicial)

Powers such as taxing and spending, declaring war, regulating interstate and foreign commerce, coining money, raising armies and navies, and establishing post offices

Enumerated Powers / Delegated Powers

Clause that allows Congress to pass laws needed to carry out enumerated powers (Article I Section 8 of the Constitution)

Necessary and Proper Clause ("Elastic Clause")

What are limits on Congress (Section 9 of the Constitution)?

Bans ex post facto laws, bills of attainder, and suspending habeas corpus (except in emergencies). No titles of nobility.

Entity that organizes elections and coordinates policy.

Political Parties

Entity that influences policy via lobbying, litigation, and electioneering.

Interest Groups

Entities that fund campaigns (Super PACs cannot coordinate directly).

PACs/Super PACs

System used for Presidential elections with a winner-takes-all system in most states.

Electoral College

Influences on include registration laws, education, and age.

Voter Turnout

Model of representation where elected officials vote in whatever manner they feel best serves their constituents, regardless of popular opinion regarding the issue.

Trustee Model

Model of representation where elected officials are seen as acting as direct representatives of their constituents, meaning they are expected to vote and act according to the will of those they represent, even if it goes against their personal judgment.

Delegate Model

Model of representation that describes a hybrid approach where representatives balance acting as both delegates and trustees, influenced by their constituents' opinions and priorities, but also exercise their own judgment and experience to make decisions.

Politico Model

First 10 amendments protecting individual freedoms.

Bill of Rights

This amendment includes due process & equal protection and is the basis for incorporation.

14th Amendment

Applying the Bill of Rights to states via 14th Amendment's Due Process Clause.

Selective Incorporation

Act that banned discrimination in public places.

Civil Rights Act (1964)

Act that outlawed literacy tests and voter suppression tactics.

Voting Rights Act (1965)

__ are "Protections FROM the Gov’t."

Civil Liberties

__ are "Protections BY the Gov’t."

Civil Rights

Civil Liberties protect while Civil Rights ensure _.

freedoms, equality

Civil Liberties protect against _ while Civil Rights protect against .

Government abuse, Discrimination

While the focus of Civil Liberties is on _ , the focus of Civil Rights is on __.

Individual freedoms, Group protections

The legal basis for Civil Liberties is while the legal basis for Civil Rights is .

Bill of Rights and 14th Amendment (DPC), 14th Amendment (EPC) and legislation

15th Amendment (1870)

Cannot deny vote based on race, color, or previous condition of servitude.

17th Amendment (1913)

Direct election of U.S. Senators by the people.

19th Amendment (1920)

Women's suffrage.

23rd Amendment (1961)

Residents of D.C. can vote for President.

24th Amendment (1964)

Banned poll taxes in federal elections.

26th Amendment (1971)

Voting age lowered to 18.

Approach to Judicial Decision Making where judges should actively interpret the Constitution and laws to reflect current conditions and values, and sometimes even create new policy through rulings.

Judicial Activism

Approach to Judicial Decision Making where judges should limit their own power, avoid overturning laws unless clearly unconstitutional, and defer to elected branches.

Judicial Restraint

_ → the most (not necessarily the majority)

Plurality

_ → 50% + 1

Majority

Needed to pass legislation in each chamber and confirm appointments to Executive and Judiciary (senate only)

Majority

__ → Above 50% threshold needed

Supermajority

⅗ or 60% →

needed in Senate to invoke cloture and end debate (stop a filibuster)

⅔ or 67% →

needed in both chambers to override a veto from the President / ratify treaties / conviction post impeachment of fed. officer

Vote Threshold needed in the House & Senate for: Passing a regular bill

Simple majority (50% + 1)

Vote Threshold needed in the House & Senate for: Overriding a presidential veto

2/3 majority

Vote Threshold needed in the House & Senate for: Passing a constitutional amendment

2/3 majority

Vote Threshold needed in the House or Senate for: Expelling a member of Congress

2/3 majority

Vote Threshold needed in the House for: Impeaching federal officials (including president)

Simple majority

Vote Threshold needed in the Senate for: Convicting and removing impeached officials

2/3 majority

Vote Threshold needed in the Senate for: Approving treaties

2/3 majority

Vote Threshold needed in the Senate for: Cloture to end a filibuster (most legislation)

3/5 majority (60 votes)