Government Final

Constitution

A written plan of government

Unalienable Rights

rights that cannot be taken away: life, liberty, and the pursuit of happiness (property)

souvereignty

supreme power or authority

Usurpations

unlawful seizures of rights or privileges

1st ammendment rights

speech
right to assemble/ join an association
press
religion
appeal (make a serious/ urgent request) to the gov. itself for relief when necessary. This may relate to British Stamp Act.

2nd Amendment

Right to bear arms

3rd Amendment

No quartering of soldiers without homeowners consent

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

Right to jury in civil trials.

8th Amendment

No cruel or unusual punishment

9th Amendment

Citizens entitled to rights not listed in the Constitution

10th Amendment

Powers Reserved to the States

commerce

the buying and selling of goods

Federalism

A system in which power is divided between the national and state governments

Ratify

to approve, give formal approval to, confirm

Republic

A form of government in which citizens choose their leaders by voting

Suffrage

the right to vote

Articles of Confederation

A weak constitution that governed America during the Revolutionary War.

Problems with the Articles of Confederation

it did not give the national government enough power (ex: power to tax)

posterity

future generations

checks on the executive branch

Supreme Court can declare presidential acts unconstitutional, congress can override veto, congress can impeach, and congress must approve treaties

checks on the judicial branch

president nominates judges,
Senate confirms judges, congress can impeach judges

checks on the legislative branch

president can veto bills, Supreme court can declare legislation unconstitutional

bipartisan

Involving two political parties

constituent

a person whom a member of Congress has been elected to represent

17th Amendment

Established the direct election of senators (instead of being chosen by state legislatures)

incumbent

the current officeholder

franking privilege

Benefit allowing members of Congress to mail letters and other materials postage-free

appropriate

to take possession of for one's own use; confiscate

Congressional Committees

a legislative sub-organization in the United States Congress that handles a specific duty

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

Filibuster

A lengthy speech designed to delay or kill the vote on a bill; used only in the Senate

Qualifications for President

35 years old, born in the U.S., and has to have lived in the U.S. for 14 years

Qualifications for house of representatives

at least 25, 7 years U.S. citizenship; residency in the state they represent at time of election

Qualifications for Senate

30 yrs old, citizen for 9 years, live in state

Standing committee

a permanent committee that meets regularly.

substantive representation

When a member of Congress represents constituents' interests and policy concerns.

descriptive representation

A belief that constituents are most effectively represented by legislators who are similar to them in such key demographic characteristics as race, ethnicity, religion, or gender

Malapportionment

drawing the boundaries of legislative districts so that they are unequal in population

Lobbying

A strategy by which organized interests seek to influence the passage of legislation by exerting direct pressure on members of the legislature.

executive order

A rule issued by the president that has the force of law

divided government

one party controls the White House and another party controls one or both houses of Congress

Informal Powers of the President

powers given to the president that are not specifically stated in the constitution
Bargaining / Persuasion
Executive Orders
Signing Statements
Executive agreements

Formal Powers of the President

Formal powers represent the power which are directly listed in the constitution.
Nominate Officials (Requires Senate Approval)
Veto Bills
Make Treaties (Requires Senate Approval)
Acts as Commander-in-Chief
Can grant pardons and reprieves for federal offenses, other than impeachment.

Cabinet

group of officials who head government departments and advise the President

signing statement

A written declaration that a president may make when signing a bill into law. Usually, such statements point out sections of the law that the president deems unconstitutional.

popular vote

the votes cast by citizens in an election

Battle ground states (swing states)

The key states that the presidential campaigns focus on because they are most likely to decide the outcome of the Electoral College vote.

Plurality

Candidate or party with the most votes cast in an election, not necessarily more than half.

Pardon

A declaration of forgiveness and freedom from punishment

Impeachment

A process in which congress charges and tries the president, or another government official, for a high crime. It is a part of the system of checks and balances.

State of the Union Address

Often abbreviated to SOTU, a yearly message from the president to a joint session of congress, both houses, at the beginning of the year. The president discusses issues currently facing the country, and suggests solutions.

Veto

a constitutional right to reject a decision or proposal made by a law-making body.

executive agreement

an agreement between the president and the leader of another country

War Powers Resolution

A law passed in 1973 spelling out the conditions under which the president can commit troops without congressional approval.

22nd Amendment

Limits the president to two terms.

Roles of the President

chief of state, chief executive, chief administrator, chief diplomat, commander in chief, chief legislator, party chief, chief citizen

Framers

Group of delegates who drafted the United States Constitution at the Philadelphia Convention in 1787

Virginia Plan

Virginia delegate James Madison's plan of government, in which states got a number of representatives in Congress based on their population

New Jersey Plan

A constitutional proposal that would have given each state one vote in a new congress

compromise

an agreement or a settlement of a dispute that is reached by each side making concessions.

3/5ths Compromise

agreement providing that enslaved persons would count as three-fifths of other persons in determining representation in Congress

Where was the Constitution written?

Philadelphia, Pennsylvania

Who was the main contributor to the Virginia Plan?

James Madison

Unicameral

One-house legislature

Who favored ratification of the Constitution?

Federalists

What did the federalists think about the Articles of Confederation?

The federalists believed the articles of confederation were weak, they need a government based on constitution.

What did the anti-federalists think about the constitution?

The anti-federalists believed the constitution made the president and congress too powerful. They disliked the lack of bill of rights.

Virginia's Ratification

Ratified 4 days after New Hampshire, 10th to ratify. Lead by James Madison, John Marshall and Edmund Randolph.

New York Ratification

Votes 30-27 for ratification. Held after New Hampshire and Virginia ratify in order to sway anti-federalists.

What is the job of the legislative branch?

They make laws.

Commerce Compromise

congress could tax imports but not exports

Slave Trade Compromise

Congress could not regulate or outlaw slavery or slave trade until 1808

What is the length of a term of office for members of the U.S. House of Representatives?

2 years

What is the length of a term of office for members of the U.S. senate?

6 years

Who must approve all presidential appointments to government positions (judges, cabinet members)?

Senate

Who must approve any treaties that are made with foreign countries?

Senate

Who has the sole power to try all impeachments?

Senate

Who has the power to declare war?

Congress

Enumerated/Expressed Powers

the powers explicitly granted to Congress by the Constitution

Necessary and Proper Clause (Elastic Clause)

constitutional authorization for Congress to make any law required to carry out its powers

concurrent powers

Powers held jointly by the national and state governments.

Supremacy Clause

Constitution is the supreme law of the land

implied powers

Powers not specifically mentioned in the constitution

Commerce Clause

Clause stating that Congress can regulate interstate and international commerce.

Census

A complete enumeration of a population.

Reapportionment

the process of reassigning representation based on population, after every census

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

packing

concentrating partisan voters in a single district in order to maximize the number of representatives that can be elected by the opposition in other districts

Cracking

spreading voters of one type over many districts where they will comprise minorities that are unable to influence elections

house rule committee

The committee in the House of Representatives that reviews most bills coming from a House committee before they go to the full House.

Speaker of the House

An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant.

How can a filibuster be stopped?

Cloture. 3/5 vote is required (60 senators)

majority leader

the legislative leader elected by party members holding the majority of seats in the House or Senate

Who makes election laws?

states

What are strengths of the electoral college?

1) It encourages the stable two-party system
2) It increases the power of the minority (those who are small in #) constituencies
3) Requires the president to win popular support from a variety of geographic regions
4) It reinforces the principle of federalism

What states do not follow the "Winner Take All" system in the Electoral College?

Maine and Nebraska

Has a president won without winning the popular vote?

Yes