Unit 2 Review CIS 2024

Electoral College

1. What was Plato’s view on majoritarian democracy? (Ship Analogy)

   1. It is bad to put the public in charge of the law, they are uneducated and will make bad decisions

2. What does the Electoral College actually do? 

   1. It elects the president, acts as a buffer in case the people vote for a demagogue

3. How does someone win a presidential election?

   1. 270 electoral votes

4. What determines the number of electoral votes for each state?

   1. Number of representatives in congress (house + senate)

5. How do states gain or lose Electoral votes? 

   1. Population changes

6. What is the popular vote? 

   1. National popular vote is whoever got the most votes by people, not the electoral college

7. What happens if there’s a tie?

   1. The house decides the president and the senate decides the vice president

8. What are the pros and cons of the electoral college?

   1. Popular vote does not matter, prevents high population areas from deciding the winner, gives smaller states more representation

9. What is the winner-take-all system?

   1. Winner of the state’s popular vote gets all of the electoral votes

10. What is a faithless elector? 

    1. An elector who pledges to vote one way then votes another

11. Chiafalo v. Washington (2020)

    1. Holding

       1. The state can fine him because the election is the state’s business, they run it

    2. Constitutional Principle(s)

       1. Freedom of speech, but did not work

    3. What does this ruling mean for states and their Electors? 

       1. The states can enforce the pledge of the electors, they can ban or fine faithless electors

12. How does a presidential candidate win the election?

    1. 270 electoral votes

13. How does a candidate earn their party’s nomination?

    1. They have to win the primary election

    2. They can also just be picked, parties run like private companies

       1. Ex: Kamala Harris did not win the primary, she was picked to replace Biden after he dropped out

14. What is an incumbent?

    1. A candidate who is in office

15. Electoral College Timeline

    1. Election Day

       1. november

    2. Electoral Vote

       1. december

    3. Congress Counts the Electoral votes

       1. Jan 6

    4. Inauguration 

       1. jan

16. Electoral Count Reform Act

    1. Why was the Electoral Count Reform Act created?

       1. To modernize the outdated electoral count act

    2. What is the clarified role of the Vice President?

       1. Presides over the senate, solely ministerial

    3. Overall, what does the new law mainly address?

       1. What congress does after electors are sent forward from states

17. What is the National Popular Vote Interstate Compact? 

    1. States wanted to elect based on popular vote

Congress

18. Baker v. Carr (1962) / Shaw v. Reno (1993)

    1. What were they about?

       1. Baker v. Carr : population shifts resulted in rural votes having more weight

       2. Shaw v reno: racial gerrymandering to get more lack representatives in congress

    2. What did the Court hold?

       1. They had to reapportion the districts to represent the changed population/economic growth

       2. The gerrymandering was not legal because it was based on race

    3. What Constitutional principle was used for each?

       1. 14th amendment

19. House and Senate Basics

    1. Total Number

       1. 538

    2. Length of term

       1. House - 2

       2. Senate - 4

    3. Constituencies

       1. People they represent

    4. Rules on Debate 

20. What are some enumerated powers of Congress? 

    1. to lay and collect taxes; pay debts and borrow money; regulate commerce; coin money; establish post offices; protect patents and copyrights; establish lower courts; declare war; and raise and support an Army and Navy.

21. House vs. Senate

    1. Confirm Nominations - senate

    2. Ratify Treaties - senate

    3. Initiate tax/revenue bills - 

    4. Impeachment - house

    5. Rules Committee - house

    6. Filibuster - senate

22. In general, what is the process of how a bill becomes a law? What is the only difference between the House and Senate in this process?

23. What are the FOUR main types of committees?

    1. Standing

    2. Select

    3. Joint

    4. conference

24. Terms:

    1. -Reapportionment

    2. -Gerrymandering

    3. -Oversight / Investigations 

    4. -Speaker of the House

    5. -Majority Leader

    6. -Filibuster

    7. -Cloture

    8. -Constituents

    9. -Trustee vs. Delegate vs. Politico

25. What is the difference between discretionary spending and mandatory spending?

    1. Discretionary spending has wiggle room

26. What is a divided government?

    1. Two parties

27. Is war a legislative or executive power? 

    1. Defensive - executive

    2. After 60 days or offensive - needs approval from congress

POTUS

28. Fed. 70

    1. Energetic president, one executive

29. What Article in the Constitution establishes the executive branch?

    1. Article II

30. What are the qualifications for being POTUS?

    1. 35, born in us and citizen, lived in us for past 14 years

31. What are the roles and power of POTUS?

    1. Commander in chief, treaties, state of the union

32. What is the difference between formal and informal powers?

    1. Formal are enumerated, informal can be 

33. How did U.S. v. Nixon (1974) define Executive Privilege?

    1. He tried to avoid congressional hearing by claiming it was a national security matter

34. What is the War Powers Resolution? 

    1. 60 days before congress, notify by 48 hours

    2. Not much effect

35. 22nd Amendment

    1. Two terms

36. Bully Pulpit

    1. publicity/pedestal and pushing agenda

37. How has technology changed presidential communication?

    1. Direct to people

38. According to Heimler, what is one of the best ways that you can witness the expansion of presidential power? 

    1. Social media

39. What helps presidents expand their powers? 

    1. norms/ precedents

40. What are some limitations on the power of POTUS?

    1. Re elected, can’t declare war, decide how money is spent, interpret laws, 

41. How and why did Lincoln and Bush expand their powers during their presidencies?

    1. War time/national security

42. Why can executive orders be controversial?

    1. Don’t need approval 

43. What is the best way to perpetually keep an unwritten rule around? 

    1. Make it an amendment

Judicial (Article III)

44. Fed. 78

    1.  The federal judiciary has the power to determine whether statutes are constitutional and to find them invalid if in conflict with the Constitution.

45. Know the general structure of the court system. 

46. Judicial review

    1. Can rule something unconstitutional

47. Life tenure

    1. In for life

    2. Not politicians, don't have to worry about getting re-elected

48. Independent judiciary

    1. Free to make own decisions

49. Stare decisis

    1. Adhere to the precedent

50. Precedents

    1. Set in previous cases, used as template for future cases

51. What can happen if there is an ideology shift in the Court? How does a shift occur?

    1. New president

    2. Things can get overturned

52. What is the Supreme Court’s jurisdiction?

    1. Not an appeal, first and only court to hear a case

53. What is needed for the Court to hear a case?

    1. Four justices must vote to hear a case

54. Majority Opinion vs. Dissenting Opinion 

    1. Majority is at least five, dissenting is disagree with the winning side

55. Concurring Opinion

    1. Agree with majority but for diff reason 

56. Judicial Activism vs. Judicial Restraint 

    1. Activism - judges use their personal views when making decisions, can be seen as overstepping

    2. Restraint - when judges limit their power, sticking to the constitution

57. How can Congress check the Judicial Branch?

    1. Impeach judges

    2. Pass legislation to limit court’s power by changing the court’s jurisdiction/modifying impact of a decision

58. How can POTUS check the Judicial Branch?

    1. Can appoint federal judges/issue pardons

59. What kind of policies and actions can the Court strike down as unconstitutional? 

    1. laws/actions

60. What does the lack of police power mean for the judiciary? 

    1. They cannot enforce their rulings and they are the weakest branch