American Government CLEP

Power: Ratifying Treaties

Senate Only.
⚠ TRAP: The House has NO role in treaties; they only handle "funding" for them.

Power: Proposing Constitutional Amendments

2/3 of BOTH Houses (or State Conventions).
⚠ TRAP: The President cannot propose or veto an amendment.

Power: "Power of the Purse" (Revenue Bills)

House of Representatives.
⚠ TRAP: All tax bills MUST start in the House, not the Senate.

Power: Declaring War

Congress (Legislative).
⚠ TRAP: The President is Commander-in-Chief but cannot formally declare war.

Power:Confirmation of Judicial Nominees

Senate Only.
⚠ TRAP: A simple majority in the Senate is needed; the House is excluded.

Power: Selecting the President (if no EC majority)

House of Representatives.
⚠ TRAP: Each state delegationgets exactly ONE vote, regardless of size.

Concept:Executive Privilege

President's right to keep secrets.
⚠ TRAP: U.S. v. Nixon proved this is NOT absolute in criminal cases.

Concept: Pocket Veto

President ignores bill for 10 days while Congress adjourns.
⚠ TRAP: If Congress is in session, it becomes law automatically after 10 days.

Term: Franking Privilege

Free mail for members of Congress.
⚠ TRAP: Used to communicate with constituents, often giving incumbents an unfair edge.

Term: Logrolling

"You scratch my back, I'll scratch yours."
⚠ TRAP: It's just two legislators trading votes on unrelated bills.

Case: Marbury v. Madison (1803)

Judicial Review.
⚠ TRAP: Established the Court's power to strike down laws as unconstitutional.

Case: McCulloch v. Maryland (1819)

Federal Supremacy & Implied Powers.
⚠ TRAP: Confirmed the "Necessary and Proper" clause; states can't tax fed gov.

Case: Gibbons v. Ogden (1824)

Commerce Clause.
⚠ TRAP: Expanded federal power to regulate almost any interstate commercial activity.

Case: Schenck v. United States (1919)

"Clear and Present Danger."
⚠ TRAP: Limited free speech during wartime (shouting "fire" in a theater).

Case: Gitlow v. New York (1925)

Selective Incorporation.
⚠ TRAP: First time the Bill of Rights was applied to states via the 14th Amendment.

Case: Brown v. Board of Education (1954)

Ended School Segregation.
⚠ TRAP: Overturned Plessy v. Ferguson; ruled "separate" is inherently unequal.

Case: Mapp v. Ohio (1961)

Exclusionary Rule.
⚠ TRAP: Illegally obtained evidence cannot be used in state courts.

Case: Gideon v. Wainwright (1963)

Right to an Attorney.
⚠ TRAP: States must provide a lawyer to those who cannot afford one.

Case: Miranda v. Arizona (1966)

Rights of the Accused.
⚠ TRAP: Suspects must be informed of their right to remain silent before questioning.

Case: Baker v. Carr (1962)

"One Man, One Vote."
⚠ TRAP: Allowed the Court to rule on legislative redistricting (gerrymandering).

Case: Engel v. Vitale (1962)

Establishment Clause.
⚠ TRAP: Prohibited state-sponsored prayer in public schools.

Case: Tinker v. Des Moines (1969)

Symbolic Speech.
⚠ TRAP: Students don't shed constitutional rights at the "schoolhouse gate."

Case: Roe v. Wade (1973)

Right to Privacy.
⚠ TRAP: Based on the "penumbras" of the 4th, 9th, and 14th Amendments.

Case: Regents of Univ. of CA v. Bakke (1978)

Affirmative Action.
⚠ TRAP: Race can be a "factor" in admissions, but specific quotas are unconstitutional.

Case: Texas v. Johnson (1989)

Flag Burning.
⚠ TRAP: Ruled flag burning is protected symbolic speech under the 1st Amendment.

Term: Writ of Certiorari

Order to send up a case record.
⚠ TRAP: Most "Cert" petitions are denied; the Court only hears about 1%.

Term: Amicus Curiae

"Friend of the Court" brief.
⚠ TRAP: Filed by interest groups to influence a decision without being a party.

Federalism

The sharing of power between national and state governments

Term: Habeas Corpus

Right to see a judge after arrest.
⚠ TRAP: Prevents the government from holding you indefinitely without charge.

Term: Stare Decisis

“Let the decision stand" (Precedent).
⚠ TRAP: It's why the Court rarely overturns its own old rulings.

Term: Bully Pulpit

President's use of prestige to sway public.
⚠ TRAP: Coined by Teddy Roosevelt; it's an informal power, not a legal one.

Term: Iron Triangle

Bureaucracy + Congress + Interest Groups.
⚠ TRAP: They work together to create policy, often ignoring the public's needs.

Bureaucracy

Large, complex organization of nonelected officials in executive branch that implements and enforces public policy

Term: Issue Network

Temporary groups focused on one policy.
⚠ TRAP: More fluid and complex than a permanent "Iron Triangle."

Term: Cloture

Ending a Filibuster.
⚠ TRAP: Requires 60 votes (3/5) in the Senate, not a simple majority.

Term: Discharge Petition

Force a bill out of committee to the floor.
⚠ TRAP: Used only in the House, and very rare.

Term:Reapportionment

Moving House seats after a Census.
⚠ TRAP: Happens every 10 years; don't confuse with Redistricting(drawing the lines).

Concept:Block Grants

Federal money for broad purposes.
⚠ TRAP: States prefer these over Categorical Grants because they have fewer strings.

Concept:Unfunded Mandate

Gov. orders a state to act but provides $0.
⚠ TRAP: Example: Americans with Disabilities Act (ADA).

Concept:Cooperative Federalism

Marble Cake" Federalism.
⚠ TRAP: Responsibilities of state and federal governments overlap (e.g., highways).

Concept:Devolution

Shifting federal power back to states.
⚠ TRAP: Often associated with the "New Federalism" of the 1980s/90s.

Agency:Federal Reserve (The Fed)

Sets Monetary Policy (interest rates).
⚠ TRAP: It is an independent agency, purposefully shielded from politics.

Agency: EPA / SEC / FCC

Independent Regulatory Agencies.
⚠ TRAP: They have quasi-legislative and quasi-judicial powers (they make and enforce rules).

Term: Merit System

Hiring bureaucrats based on skill.
⚠ TRAP: Replaced the "Spoils System" via the Pendleton Act (1883).

Term: Civil Liberties

Protections FROM the government.
⚠ TRAP: Found in the Bill of Rights (e.g., Free Speech).

Term: Civil Rights

Protections BY the government.
⚠ TRAP: Ensuring equal treatment (e.g., Voting Rights Act).

Act: War Powers Resolution (1973)

Limits President's ability to use troops.
⚠ TRAP: President must notify Congress in 48 hours and withdraw in 60 days.

Concept:Pluralism

Politics is a competition among groups.
⚠ TRAP: The theory that no single group dominates; compare to Elite Theory.

Concept:Realignment

Major shift in party loyalty.
⚠ TRAP: Example: 1932 (New Deal) or 1968 (Southern Strategy)

Term: Front-loading

States moving primaries earlier.
⚠ TRAP: Done to gain more media attention and influence in choosing a nominee.

Term: PAC vs. Super PAC

Super PACs can raise UNLIMITED money.
⚠ TRAP: Super PACs cannot "coordinate" directly with a candidate's campaign.

Term: Open Primary

Any voter can choose which party to vote for.
⚠ TRAP: You can only vote in ONE party's primary, not both.

Term: Split-ticket Voting

Voting for one party for Pres, another for Senate.
⚠ TRAP: This has decreased as political polarization has increased.

Concept:Winner-Take-All System

Candidate with most votes gets ALL EC votes.
⚠ TRAP: This makes it nearly impossible for Third Parties to win electoral votes.

Term: Horse-race Journalism

Media focuses on "who's winning" polls.
⚠ TRAP: This ignores the actual policy issues and focuses only on the "race."

Term:Gatekeeper

Media decides what is "news."
⚠ TRAP: By choosing what to cover, they set the "Political Agenda."

Concept:Federalism

Division of power between Fed and State.
⚠ TRAP: Tenth Amendment is the primary source of "Reserved" state powers.

Quote: "We the People...“

Popular Sovereignty.
⚠ TRAP: Found in the Preamble; it signifies the government's power comes from the citizens.

Quote:"Consent of the governed."

John Locke / Social Contract.
⚠ TRAP: Fundamental to the Declaration of Independence

Amendment:14th Amendment

Equal Protection & Due Process.
⚠ TRAP: The most cited amendment in court; used for "Incorporation."

Amendment:19th Amendment

Women's Suffrage (1920).
⚠ TRAP: Do not confuse with the 15th (Black male suffrage) or 26th (18-year-olds).

Amendment:22nd Amendment

Two-term limit for Presidents.
⚠ TRAP: Passed after FDR; prevents a "President for Life."

simple majority (51%)

is for almost everything (passing bills, confirming judges)

supermajority (2/3)

is required for: Overriding a Veto, Ratifying a Treaty (Senate), Proposing an Amendment, Convicting in an Impeachment (Senate)

13th amendment

Abolished slavery/involuntary servitude in the U.S. except as punishment for a convicted crime

Process: Amending the Constitution

2/3 Congress (Propose) + 3/4 States (Ratify).
⚠ TRAP: The President has zero formal power in the amendment process.

Process: Presidential Election (No Majority)

The House chooses the President.
⚠ TRAP: Each Stategets one vote, not each representative.

Process: Removing a President

House Impeaches (Accuses) / Senate Tries (Convicts).
⚠ TRAP: It takes a 2/3 vote in the Senate to actually remove them.

Check: Legislative over Judicial

Congress can change the number of justices.
⚠ TRAP: They can also propose amendments to bypass a Court ruling.

Check: Executive over Legislative

The Veto.
⚠ TRAP: Congress can override a veto with a 2/3 vote in both houses.

Rule: The 10th Amendment

Reserved Powers for the States.
⚠ TRAP: If a power isn't in the Constitution, it belongs to the States(e.g., Education).

Rule: The 14th Amendment

Incorporation Doctrine.
⚠ TRAP: This is the tool used to make the Bill of Rights apply to State governments.

Rule: The Supremacy Clause

Federal Law > State Law.
⚠ TRAP: Established in McCulloch v. Maryland(States can't tax the Fed).

Comparison: House vs. Senate

House: Tax bills / Senate: Treaties & Confirmations.
⚠ TRAP: The Senate is seen as the "Upper House" with longer terms (6 years vs. 2).

Mechanism: Electoral College

Winner-Take-All (in 48 states).
⚠ TRAP: A candidate can win the popular vote but lose the Presidency (e.g., 2000, 2016).

Grant: Categorical Grant

Money for a specific, narrow purpose.
⚠ TRAP: These give the Federalgovernment the most control over states.

Grant: Block Grant

Money for broad areas (e.g., "Education").
⚠ TRAP: States love these because they have more freedom to spend.

Power: Reserved Powers

Powers for States only (10th Amendment).
⚠ TRAP: Examples include: Schools, Marriage, and Speed Limits.

Power: Concurrent Powers

Powers shared by Fed and State.
⚠ TRAP: Examples include: Taxing and establishing Courts.

Policy: Fiscal Federalism

The "Carrot and Stick" (Money).
⚠ TRAP: Fed uses money (grants) to force states to do things (like raising the drinking age).

Person: James Madison

“Father of the Constitution."
⚠ TRAP: He actually wrote the Bill of Rights, even though he originally thought it was unnecessary.

Concept: Judicial Activism

Courts "making" law to fix social wrongs.
⚠ TRAP: Contrast with Judicial Restraint(sticking strictly to the Constitution's text).

Act: Pendleton Act (1883)

Ended the Spoils System.
⚠ TRAP: Established the Civil Service/Merit system—jobs based on exams, not friends.

Act: Hatch Act (1939)

Gov. employees can't do politics at work.
⚠ TRAP: Prevents the bureaucracy from becoming a political machine.

Amendment: 17th Amendment

Direct election of Senators.
⚠ TRAP: Before this (1913), State Legislatureschose Senators, not the people.

Amendment: 25th Amendment

Presidential Disability/Succession.
⚠ TRAP: It's how the VP takes over if the President is "unable to discharge powers."

Concept: Executive Agreement

President's "Handshake" with a foreign leader.
⚠ TRAP: Unlike a treaty, it does NOT need Senate approval, but it only lasts while that President is in office.

Concept: Rule of Four

How the Supreme Court picks cases.
⚠ TRAP: Only 4 out of 9 justices are needed to grant Certiorari.

Certiorari

A higher court’s order to a lower court to send up a case record for review

Role: Speaker of the House

Most powerful person in Congress.
⚠ TRAP: Third in line for Presidency; they control which bills even get a vote.

Role: House Rules Committee

The "Traffic Cop" of the House.
⚠ TRAP: They set the rules for debate (time limits/amendments). The Senate has NO equivalent.