Lecture Notes Flashcards

Flashcards of the lecture transcript.

Natural Rights

The principle incorporated into the founding documents, adopted from John Locke.

Shay's Rebellion

Uprising that revealed the weakness of the national government under the Articles of Confederation.

Montesquieu

Enlightenment thinker known for advocating the separation of powers.

Bill of Rights

Common feature of state constitutions demanded by Anti-federalists during ratification.

Reserved Powers

Type of power guaranteed to the states by the 10th amendment.

Concurrent Power

Classification of the power to tax.

Federalist #10

Addressed the key concern of the power of factions.

Popular Sovereignty

Constitutional principle where the government derives its power from the consent of the governed.

Supremacy Clause

Clause in Article 6 that declares the power of the Constitution and federal government to be higher than the states.

Articles of Confederation

Level of government that held the most substantial power under this agreement: The States.

Federalist Number 51

Madison argues this element of the Constitution to raise support for the new republic: Separation of Powers/Checks and Balances.

Brutus 1

Represented the perspective of the Anti-Federalists.

Hobbes View

Taking into account this view that human nature is selfish and fallen, the founders decided upon Representative (indirect) democracy.

Confederation

Type of government that is defined as, 'Sovereign states bound together by a loose central government'.

Federalist Paper 78

Argued that the Judicial Branch is the least powerful of all branches.

Checks and Balances

Constitutional principle exemplified by Congress' power to impeach the president.

Full Faith and Credit Clause

Constitutional clause under which states must respect each other’s judicial proceedings and contracts.

Block Grants

Type of funding Congress would provide if they wanted to give states more freedom in the way they spent their money.

Pluralist View

Out of the theories of how political power is distributed, this view is most closely associated with the United States.

Privileges and Immunities Clause

Constitutional provision to which higher out-of-state tuition rates are an example of an exception.

Extradition

Rule that requires states to return all fugitives to the original state in which they were captured.

Madison

Founder known as the 'Father of the Constitution'.

Implied powers

Type of powers the necessary and proper clause has been used to grant to the federal government.

Mandate

Concept exemplified by the national government’s declaration that all states must enforce the Civil Rights Act of 1964.

Categorical grants

Type of grant that is typically very specific and comes with strings attached..

Dual Federalism

Layer cake form of federalism that purposefully separates the powers of the state and national governments.

U.S. v Lopez

Supreme Court case that narrowed the scope of the federal government’s power regarding the commerce clause and guns.

Initiatives

Term for the ability of voters to place measures on a ballot through a petition process.

Gibbons v. Ogden

Supreme Court case that reinforced the federal government’s ability to carry out the powers given to them in the Commerce Clause.

Social Contract Theory

Concept stating that people give up a certain degree of their rights in exchange for protection and security from the government.

Taxation and Representation

Two areas in which the three fifths compromise allowed southern states to partially count slaves.

Redistricting

This happens every 10 years.

House of Representatives

This body has 435 members.

One

The minimum number of representatives each state is guaranteed.

U.S. Senators Term Length

Term lengths for Senators are 6 years.

Gerrymandering

Drawing oddly shaped districts for political advantage.

One person, one vote

Legislative districts are roughly proportional thanks to this principle.

Conference committee

The place where differences are sorted out.

Rules Committee

The next step in the process after a bill is passed in a standing committee in the House

Majority leader

This position holds the real power in the Senate.

Seniority rule

This primarily determines who becomes a committee chair.

Standing committees

The majority of work in Congress is done here.

The Filibuster

When a Senator wishes to delay action on a bill, they may attempt to talk it to death.

Cloture

Rule to stop a filibuster.

60

How many Senators must agree to pass cloture and end a filibuster?

Select committees

This type of committee is set up for temporary, often investigative purposes:

Party whips

This leadership position assists party leaders in making sure party members show up to vote.

Vice President

This person is the President of the Senate.

President pro tempore

This person presides over the Senate in the absence of the Vice President.

Subcommittees

These committees, a specific section of standing committees, are responsible for working out the details of legislation.

Joint Committees

Thise types of committees are made up of members of both houses and are formed around a major public issue?

Discharge Petition

If a bill is stuck in a committee, members can force it out onto the floor for a vote by this means.

The Rules Committee

This committee determines how a bill will be debated and places it on the calendar.

The President

After both houses pass a bill, it goes here next.

10 days

This i show many days the president has to sign a bill.

It automatically becomes a law

If the president doesn’t sign a bill within 10 days, this happens.

Baker v. Carr

This Supreme Court case ruled the Supreme Court has jurisdiction over issues of legislative apportionment.

How can Congress override a presidential veto?

With a 2/3rds vote of both houses.

Executive Order

The president can use this tool to pass domestic policies without the approval of Congress

Chief Executive

Appointing officials and serving as the head of the executive branch is an example of this presidential role.

Chief Diplomat

Negotiating treaties and recognizing nations is an example of this presidential role.

Chief Legislator

Vetoing bills and using influence to promote laws is an example of this presidential role.

The Office of Management and Budget (OMB)

The organization the president works with when initially preparing the budget.

Balancing the Ticket

This describes the practice of vice-presidential candidates being chosen with someone with different characteristics.

Executive agreements

While these only last for the length of the president’s term, they can form arrangements with other heads of state without Senate approval

Lame Duck

If a president has lost re-election or reached his term limit, he is classified as this.

Office of Personnel Management

This office is responsible for hiring the civil service.

Secretary

This is the title of each department head.

Amnesty

The president has this ability, which means he can pardon a group of lawbreakers.

25th

This amendment outlines the procedures for presidential disability and succession.

Bully pulpit

While the president cannot introduce legislation himself, he can use his power and position to influence decision-making so is using this.

Pocket veto

If the president has not signed a bill and Congress adjourns before he has had 10 days to consider the measure, what happens to the bill?

U.S. v Nixon

This Supreme Court case placed parameters around executive privilege

Right after election

At what point are a president’s approval ratings usually at their highest?

Discretionary Authority/Bureaucratic Discretion

This term describes the bureaucracy’s ability to implement/determine policy not set beforehand by law.

Divided Government

This term applies when different parties run the White House and Congress.

The Pendleton Act

This act created a federal civil service based on merit.

Appointment by the president and approval by the Senate

This the two-part process to appoint agency and department heads

Federalist 70

The executive branch

An agency, committee, and an interest group

The three elements of an iron triangle

Judicial Review

The ability of the courts to determine congressional laws or presidential actions unconstitutional.

Stare decisis

“let the decision stand”

Article 3

Which article of the Constitution lays out the format and rules of the Judicial Branch?

Marbury v. Madison

Which Supreme Court case established judicial review?

Judicial Restraint/Original Intent

Justices who believe the Constitution should be interpreted according to the Founder’s original intent adhere to which philosophy?

Original jurisdiction

A court that hears a case first is said to have which type of jurisdiction?

Concurrent jurisdiction

When a case can be heard in either a federal or state court, which type of jurisdiction is present?

Briefs

Before the Supreme Court hears any oral arguments, both parties must submit these, which are written statements citing their arguments and legal precedents.

Judicial activism

Justices who aim to correct social wrongs and consider future ramifications of court decisions usually adhere to which type of judicial philosophy?

District courts

Which type of court handles the majority of the federal caseload?

Litmus test

A U.S. president will often examine a justice’s record and evaluate their ideological stances and this type of evaluation is called this.

Clerks

Who helps Supreme Court justices read through appeals to determine which cases to hear?

Writ of Certiorari

If the Supreme Court decides to hear a case, they will grant this, an order to a lower court to send up the case files.

Chief Justice

Who is the head of the court, the position which leads all court conferences?

Majority opinion

What type of opinion sets the legal precedent for a case?

Concurring opinion

If a justice agrees with the majority opinion, but for different reasons, he/she would write which type of opinion?

Legislative court/Special court

Courts that have been established for specialized purposes, such as the Court of Military Appeals, are characterized as which type of court?

Dissenting opinion

A justice who disagrees with the decision of the court may write what kind of an opinion?

Selective Incorporation

Which term refers to the gradual process of applying the Bill of Rights to the states?

Seditious Speech

Advocating the overthrowing of the government is referred to as what type of speech?