Gov 30 Midterm

Gov 30 Midterm Flashcards: Freshman Fall

To win future elections

What was the purpose of the Constitution when it was written?

To prevent the role of factions

Why did we need a unified government system?

when they voted for the delegates who would then vote for or against the constitution at the constitutional convention

What is a ratification campaign?

Alexander Hamilton

Who was one of the delegates who was openly against Alexander Hamilton?

Alexander Hamilton

Who played an essential role in the battle of Yorktown?

reps based on population and two senators from every state

What is the Connecticut compromise?

A 2/3 vote

how many votes are needed in the Senate to convict?

Congress

Only who can declare war?

the president can make treaties with foreign countries, but 2/3 of senate must approve it

What is the process for making treaties?

unoffical treaty w/ foreign gov that does not require 2/3 vote in Senate

What is an executive agreement?

• checks and balances prevent tyranny and factions

• need strong gov from outside threats

• more reps=more opinions=prevent factions

Federalist 10

around before constitution was adopted

State Courts

created by the Constitution

Federal Courts

Constitution and federal laws are the supreme law of the land

Supremacy Clause

John Adams appointed Marbury as a judge, and Thomas Jefferson’s sos canceled commission, Marbury sued and filed writ of certiorari

Marbury v. Madison scenario

Judiciary Act of 1789 where he brought case straight to SCOTUS instead of lower courts uncostitutional

Marbury v. Madison Ruling

the power of judicial review and was MOST IMPORTANT SCOTUS CASE bc it set the precedence for laws and acts to be declared unconstitutional

Marbury v. Madison established…

new laws take higher precedence over old laws unless court w/ higher power decided the previous law

Hierarchy of laws

• believe laws of Congress are const. unless obviously not

• that laws of Congress are not in violation of the Constitution

• used by John Roberts

Const. Interpretation: Deference to Congress

• read the Const. the way the founding fathers wrote it

• guess the original intent of the writers

• used by Clarence Thomas

• argued by saying we are not in the same place as back then

Const. Interpretation: Original intent

• read the constitution based on today

• constitution evolves and open to interpretation

• could give too much power to unelected officals

• used by RBG, many liberal justices

Const. Interpretation: Experiential

• go by the literal meaning of the Const. words

• can be hard to figure out meaning

• whatever constitution says is how they should decide

• used by Scalia

• very controversial today

Const. Interpretation: Plain Meaning of the Text

slaveholder went to MN and to get Dred Scott who was his slave, said he was free but owner would be deprived of property

Dred Scott Background

• enslaved ppl were considered property, not protected by SCOTUS

• declared Missouri Compromise unconstitutional bc territory N of it was free

Dred Scott Decision

If Secretary of Ed Miguel Cardona can under Higher Ed Relief Opportunities for Students Act of 2003 could allow them to establish student loan foriveness program

Biden v. Nebraska Summary

the secretary of education exceeded statutory authority by establishing the student debt cancellation plan under the HEROES Act

Biden v. Nebraska Constitutional Issue

The plan set forth was a complete rewrite of the HEROES act, you could only make minor adjustments in times of national emergency

Biden v. Nebraska Reasoning

• 3 branches of gov should be separate

• protect against tyranny from 1 branch

• separation of powers=checks + balances

• Exec can veto make treaties, appoint justices

Federalist 47

• legislative branch = most likely to be corrupt bc they control money

• republican gov does not need completely separate branches

• exclusive powers

Federalist 48

• address concerns of anti-federalists

• separation of powers + checks and balances prevent too much power

• strongest branch=legislative

• bicameral w/ 2 houses

• raising taxes only in the house

Federalist 51

powers reserved only for the federal government or one level of gov

Exclusive powers

• threats from overseas

• tranny of the majority

Threats to liberty

1. made America a dominant power

2. established economic framework

3. democratic empire, all states are equal to each other

3 benefits of the Constitution

• failed to address slavery

• no bill of rights

• no extended franchise (no more ppl were able to vote than before, did not prevent states from changing laws on who could vote tho)

3 problems of the Constitution

• may argue deferring to congress gives up judicial review

• original intent keeps law and order BUT world is not the same as before

Judicial Interpretation

• power to declare laws unconstitutional

• argued more important than judicial review

• interpret laws that are passed in the context of a case

Statutory Interpretation

executive agencies cannot interpret away from what Congress originally intended

would have to make a new law to pass something

important bc must have clear authorization from Congress

Major question doctrine

dividing authority in go v between diff levels that allow them to act independently from each other

Federalism Definition

• preserves liberty of people

• protects minority opinions

• divides between gov branches, federal gov, and states

What did federalist papers say about dividing power?

a. governors

b. state legislatures

c. municipal governments

What are the levels of state federalism?

must be able to declare themselves bankrupt, spend money, enact taxes, and pass laws for its citizens

Key for states being sovereign

• every level of government is sovereign in its own sphere

• can act independently on its own

Dual sovereign theory

VA passed act that was declared unconstitutional bc it attacked free speech and press (sedition) and allowed pres to deport ppl

• invoked for civil war

• justification to succeed from U.S. and declare acts of congress unconstitutional

• too much power to the states

Alien and Sedition Acts

Congress has all power to make laws that are necessary and proper to carry out its powers in the Constitution

• expanded the power of Congress

Necessary and Proper Clause

Powers that are not given to the U.S. gov thru the Constitution are given to the states or to the people

10th Amendment

U.S. national bank was in Maryland and Maryland wanted to tax the national bank

McCulloch v. Maryland Scenario

Necessary and Proper clause and whether state had authority to levy taxes on national gov

McCulloch v. Maryland Constitutional Question

Maryland and other states cannot impose a tax on the national gov

McCulloch v. Maryland Ruling

Power to tax is the power to destroy and make the gov useless and could tax too highly

National U.S. bank is convenient, but not necessary

McCulloch v. Maryland Reason for Ruling

Gov wanted NYC to bury nuclear waste and order them to do so, but they ruled that the federal gov cannot mandate/order states to act on certain things

New York v. U.S.

federal gov can regulate interstate commerce (b/w states) but not intrastate commerce (within a state)

Commerce Clause

Knight Company was a monopoly, gov said it could not do anything bc they produced sugar within state of PA

• sherman act forbid monopolies, challenged that it was unconstitutional

U.S. v. Knight (1895) Summary

SCOTUS said just manufacturing in state as long as it does production there is not subject to limits of Sherman Act

• set limits on authority of Congress under the commerce clause

U.S. v. Knight (1895) Ruling

made all steel in Indiana and did not engage in interstate commerce

National Labor Relations Board v. Jones and Laughlin and Steel Co. (1937) Summary

interstate commerce and cannot be regulated/controlled by federal gov and that Charles Hughes said if they are on a national scale, how can congress not intervene?

National Labor Relations Board v. Jones and Laughlin and Steel Co. (1937) Ruling

Lopez went to school in TX and had a gun and was caught with it and arrested

U.S. v. Lopez Summary

Whether Congress had authority to pass the Gun Free School Zones Act under the commerce clause.

U.S. v. Lopez Constitutional Questions

Congress had exceeded its power under the commerce clause in terms of gun possession in school zones

U.S. v. Lopez Ruling

No, they cannot regulate inactivity or force someone to engage in commerce under the National Federation of Independent Business v. Sebelius

Can you regulate inactivity under the commerce clause?

• state and federal governments are under control of voters

• state govs care for domestic interests and interests of the ppl

• national gov cannot dominate over the states

Federalist 46

• republican form of gov is good

• The republic gets powers indirectly or directly from the ppl

• administered by elected officials for a limited time or good behavior

• terms of senate, reps, and pres

• bicameral legislature, gets power from states

Federalist 39

6 years, no term limit

Term for Senate

2 years, no term limit

Term for House of Rep

4 years, 2 terms max

Term for President

• powers given to national gov don’t threaten powers of states

• states only give up some power to preserve republican form of gov

• national gov must have enough power to govern and be effective

Federalist 45

doctrine that says states have authority to declare acts of Congress as unconstitutional

Nullification

11th amendment legal doctrine that says a state cannot be sued under federal law and state law by private parties

State Sovereign Immunity

theory that all levels of gov can work together to solve problems impact both

Cooperative federalism

Article I, congress has power to collect taxes to provide for the general welfare

Spending clause

grants from the national gov to the state or local governments

Intergovernmental grants

legislative benefits for constituents that are tagged onto bills in exchange for a vote from a member of Congress for the bill to pass

Pork Barrel projects

grant from federal gov to state or local gov that has restrictions on what the money can be used for

Categorical Grant

series of categorical grants in the 1960s that was meant to help low-income citizens

War on Poverty

the way that grant programs are enacted on a smaller level (aka medicare, etc)

Implementation

intergovernmental grants with lots of goals, few restrictions, and more power to elected officials on what to do

Block grants

gives state and local gov money for anything (most general grant)

General Revenue Sharing

federal regulations that impose burdens on local and state govs without giving enough money to cover the costs of such regulations

Unfunded mandates:

return of gov power to the state and local governments

Devolution

doctrine that state and local govs contribute to democracy by providing places where experiments and new theories of government are tested

Labs of Democracy

redrawing of electroal district lines to reflect changes in the population

Reapportionment

every 10 years

How often does reapportionment happen?

1. divided power would lead to a civil war

2. federalism is an upopular form of gov

   • most have a single sovereign

John Hobbe’s view on federalism

In MA when farmers didn’t want to be taxed, so they invaded courthouses and had to be stopped by a private and state militia bc there was no national army under the articles of confederation

What was Shay’s rebellion?

legislative power

What is article 1 of the constitution?

executive power

What is article 2 of the constitution?

judicial power

-regarded as least dangerous branch when const. written

What is article 3 of the constitution?

6 major, and 7th talks abt how const would be ratified in the states

How many total articles are there in the constitution?

Members of congress cannot raise their salaries while serving their term

27th amendment

• in favor of strong national gov/president who can take swift action

• executive must enforce laws

What did Hamilton say in Federalist 15?

• social security law

• argument against spending for welfare of old instead of general welfare

• almost gave up judicial review on spending

• congress can spend money on anything

Helvering v. Davis (1937)

Congress passed law w/ federal grant money for states to raise drinking age to 21.

**Federal regulation can be put on a state and conditioned as a grant

South Dakota v. Dole (1987)

gov cannot attach too much money to a grant that it would be a coercive and attach laws

Sebelius Regulatory Authority-Coercion

enforced by ppl where there is a plaintiff and defendant

*when contracts are broken or there’s an injury

Civil code

enforced by government

• occurred through court system

• can be sent to prison, deprived of life, liberty, and property

Criminal code

State courts

Where do most cases start out in?

1. if the case involves individuals from 2 different states

2. if there is a constitutional/federal principle at stake

In what scenario do federal courts take cases?

When a federal law has been violated (state or people vs. the defendant)

What is a criminal suit?

you cannot be tried for the same crime twice

What is double jeopardy?

Under the dual/two court system, double jeopardy can happen and be tried at the federal and state level

How can someone be tried for the same crime twice?

• some are elected

• some are appointed

  • political part helps them secure appts

How are state judges selected?