GOPO Facts
Marbury v Madison (1803) gave the U.S. Supreme Court the right of judicial review.
Brown v Board of Education of Topeka (1954) made public school segregation illegal.
Republicans are on the right, democrats are on the left, and moderates are in the middle.
McCulloch v Maryland upheld the elastic clause and the supremacy clause of the Constitution.
In colonial America, the Anti-Federalists opposed the Constitution.
The Declaration of Independence justified the colonies’ decision to become an independent nation and listed grievances against the king.
In the United States Congress, representation in the House of Representatives is based on population and in the Senate on equality. This is part of the Great Compromise reached during the Constitutional Convention.
James Madison was the primary author of the U. S. Constitution.
In colonial America, Anti-federalists agreed to support constitutional ratification with passage of the Bill of Rights (the first 10 Amendments).
The Anti-Federalist Paper Brutus #1 argued that a confederation of 13 state governments would better protect the people's’ liberty than one strong central government
The Anti-Federalists considered the Bill of Rights a limit on the power of government.
An amendment to the Constitution must be proposed by 2/3 of Congress and approved by ¾ of the states.
The Articles of Confederation provided the first form of government in our Nation’s history.
Shays’ rebellion demonstrated the need for a stronger central government than that provided by the Articles of Confederation.
The three major concepts of the U.S. Constitution are: Separation of Powers, Checks and Balances, and Federalism.
Madison, Hamilton, and Jay were the three primary authors of the Federalist papers.
Madison was concerned about the tyranny of the majority (masses).
Federalist #10 argued that factions could be controlled in a large republic through separation of powers and federalism.
Federalist #51 outlined the need for checks and balances between the three branches of government.
Article I of the U.S. Constitution grants Congress enumerated, delegated, expressed, and stated powers.
Implied powers are those powers suggested by the expressed powers.
The elastic clause gives Congress the power to make all laws deemed necessary and proper to exercise its other powers.
Inherent powers are not specifically mentioned in the Constitution but naturally belong to any sovereign government.
Reserved powers are those that are held for the states (conduct elections, establish public schools and local governments).
Article V of the constitution requires 2/3 of the state legislature to approve the request for a national convention for a constitutional amendment. Amendments must be ratifies by ¾ of the state legislatures of state constitutional conventions.
The 10th amendment says that powers not given to the federal government nor denied the states are reserved for the states.
Double jeopardy means that you cannot be tried twice for the same crime (due process clause).
The 5th Amendment says that you cannot be forced to testify against yourself.
Requirements for the Presidency (4 year term) are: 35 years old, 14 years of U.S. residency citizenship, and to be natural born.
The order of presidential succession is: Vice-President, Speaker of the House, President Pro-Tempore of the Senate, Cabinet members in order of creation.
Eminent domain (part of the 5th amendment) is the right of the government to take private property for public use with just compensation.
Congress has the power to regulate interstate commerce and foreign trade.
Congress has the power to coin and print money.
Congress has the power to establish post offices and roads.
Congress has the power to pass laws regulating immigration.
States are denied the power to issue their own money, go to war, or establish a monarchy.
The federal government is denied the power to tax exports or favor one state in trade over the other.
The citizens of each state shall be entitled to the privileges and immunities (rights) of citizens of all the states.
Extradition is the process of sending a suspect or criminal back to the state from which he or she has fled.
The U.S. Senate has 100 members (2 from each state; part of the Great Compromise).
The U.S. House of Representatives has 435 members (based on state populations reflected in the national census).
Senators serve a 6-year term and 1/3 of the Senate comes up for re-election every two years.
Requirements for Senators are: 30 years old, 9 years of U.S. citizenship, and residency in their elected state.
Representatives serve a 2-year term and all members come up for re-election every two years.
If no candidate has a majority of electoral votes for the Presidency the election will be decided in the House of Representatives.
If no candidate has a majority of electoral votes for the Vice-Presidency the election will be decided in the Senate.
Congress cannot pass an ex post facto law (a law that applies to an action taking place before the law was passed.
A Writ of Habeas Corpus requires the police to bring all persons accused of a crime to be presented before the court to show sufficient reason to keep them in jail. (Told charges gainst them)
All bail fines and punishments must be fair and humane (8th amendment) (death penalty exception)
The Vice-President presides over the Senate and only votes in the case of a tie.
In the absence of the Vice-President, the president pro-tempore presides over the Senate.
Congress cannot pass a bill of attainder (a law that punishes a person who has not been convicted in a court of law).
Requirements for Representatives are: 25 years old, 7 years of U.S. citizenship, and residency in their elected state.
A federal(ist) form of government shares power with both the national government and the states.
Powers shared by both the national government and the states are called concurrent powers. (ie…taxes, courts).
Categorical grants are payments by the federal government issued to carry out specific activities (building airports, unemployment compensation, fighting crime).
Block grants (revenue sharing) are payments made by the federal government for broad programs (community development, transportation development, youth activities) resulting in fewer strings and greater state spending flexibility.
Mandates are laws directing state or local governments to take action on a particular issue.
Unfunded mandates are federal laws that direct state or local governments to take action that has costs to the states not compensated for by the federal government.
All tax legislation presented to the House of Representatives is referred to the Ways and Means Committee.
All tax bills originate in the House of Representatives.
Congress has the power to declare war and make peace.
The Speaker of the House is the constitutional officer of the House of Representatives. He is elected by a majority vote of House members. The Speaker grants members permission to speak, assigns legislation to committees, and helps appoint members to committees.
Appropriations are funds set aside for specific purposes in the budget.
Select committees are created to deal with special issues (usually investigations).
Joint committees are made up of members of both the House and the Senate.
A Conference Committee is a temporary joint committee that meets to work out a compromise between both houses on the content of a particular bill if the House and Senate pass different versions. A majority of both houses must pass the new version.
The major (but not only) consideration for committee assignment in Congress is seniority.
The Congressional Budget Office (CBO) is a congressional agency that prepares Congress’ version of the National Budget.
The President can veto a bill of Congress but Congress can override the veto by a 2/3 vote of both chambers.
The General Accounting Office (GAO) watches over the spending of funds appropriated by Congress.
Congress shall have the power to lay and collect taxes on incomes (16th amendment).
A filibuster is an unlimited debate in the Senate.
A vote of cloture forces an end to debate and requires 60 votes in the Senate.
The House Rules Committee decides on how the vote/debate shall be taken in the House of Representatives.
All federal judges, cabinet members, ministers, military officers, ambassadors, and counsels are appointed by the President and approved by 51% of the Senate.
For a bill to become a law, identical versions must pass both houses of Congress (Senate and House) by a majority vote.
Pork Barrel spending awards projects and grants to a member’s home district or state. Pork can result in jobs and votes.
Oversight is the term used to describe Congressional regulation of (watching over) government agencies.
Over time, Congress has given delegated powers to the President (for example: increasing his/her warmaking power)
Federalist #70 defends a strong, single executive who reacts quickly with energy to crisis.
All treaties are signed by the President and approved by 2/3 of the Senate.
If a bill is presented to the President for signing and no action is taken by either Congress or the President before the Congressional session is over (10 days), the bill fails by what is called a pocket veto.
If the President becomes temporarily ill or assassinated, the Vice-President will assume the office of the Presidency (25th amendment). A majority of the President’s cabinet can vote to remove a president and promote the VP.
The President enforces the laws of the United States.
Impeachment is to bring charges against the President. The House of Representatives charges the President, the Senate sits in judgment to remove the President, and the Chief Justice of the U.S. Supreme Court presides over the proceedings.
The House of Representatives has the power to impeach federal judges (with a 51% vote) and the Senate has the power to remove federal judges (with a 2/3 vote).
Congress determines the number of federal courts, the number of SCOTUS justices, and fed court jurisdiction.
Congress has the power to approve federal spending (the budget) by a majority vote.
During the yearly State of the Union address (SOTU) the President sets forth the policies & agenda that he or she wishes to enact.
An expressed power of the President is to recommend legislation. (Typically, thru SOTU address or through press conferences)
To officially accept the representative of another nation means to be granted diplomatic recognition by the President.
The 22nd Amendment limits the President to two elected 4 year terms or a max of 10 years in case of vice presidential succession.
The President issues Executive Orders, which have the force of law, to his 15 cabinet level departments.
The Gulf of Tonkin Resolution increased the President’s war-making powers.
The War Powers Act was passed to curb the President’s war-making ability as the Commander in Chief.
The President has the power to make Executive Agreements with other nations without congressional approval.
Inflation occurs when too much money chases too few goods (prices rise).
A recession is an economic downturn.
Fiscal policy is a set of government spending and taxing policies controlled by Congress.
Monetary policies are procedures designed to regulate the amount of money in circulation and control interest rates.
The Federal Reserve controls monetary policy, specifically the interest rate.
A deficit occurs yearly when expenses exceed revenue; cumulative deficits create the national debt.
The Office of Management and Budget (OMB) prepares the budget for the President.
Federalist #78, written by Hamilton, argues for an independent national judiciary free from election pressures.
Precedents are previous court decisions that form the guiding principle for determining legality.
Original jurisdiction is the authority to hear a case first.
Appellate jurisdiction grants authority to review issues (decisions) of law.
A Writ of Certiorari is granted when the U.S. Supreme Court decides to hear a case & requires four Justices' consent (Rule of 4).
Amicus Curiae briefs are briefs (statements and explanations concerning the case) filed by concerned parties known as a friend of the court.
A concurrent or concurring opinion issued by a Justice indicates that they voted with the majority in a decision but for reasons different than the majority.
A dissenting opinion, also called a minority opinion, issued by a Justice indicates that they disagreed with the majority.
Stare Decisis is the upholding of a precedent established by a lower court (“let the decision stand”).
Judicial Activism is the belief that judges should intervene when unacceptable conditions have been ignored or constitutional rights have been violated.
Judicial restraint is the belief that judges should not intervene and legislative bodies should remedy problems.
An indictment is a formal accusation against the accused.
Grand juries are called to hear evidence and determine if a trial is warranted.
A petit jury trial determines innocence or guilt.
Plea-bargaining is agreeing to confess to a crime in return for a lesser sentence.
The U.S. Supreme Court rules on the constitutionality of laws passed by Congress and actions taken by the Executive branch.
The U.S. Supreme Court decision Engle v Vitale outlawed school sponsored prayer based on the Establishment Clause of the First Amendment.
Schenck v U.S. outlawed speech that presented a clear and present danger (shouting fire in a theater).
The U.S. Supreme Court has ruled against prior restraint and laws that restrict free speech.
The right of assembly granted in the first amendment is usually restricted when it occurs on private property.
Procedural Due Process means that existing laws have been applied fairly.
Substantive due process determines if the law itself is fair.
In Gitlow v NY the U.S. Supreme Court applied the Bill of Rights to the states (incorporation case).
The Exclusionary rule is the idea that evidence obtained illegally is not admissible in court.
United States v. Lopez limited Congress’ power to use the commerce clause to limit gun possession in school zones.
Mapp v Ohio extended the Exclusionary rule to the states (any illegally obtained evidence is excluded from trial).
Roe v Wade struck down state laws that that limit a woman’s right to an abortion during the first three months of pregnancy.
Griswold v Connecticut acknowledges that a right to privacy exists as a fundamental right via the 9th amendment (also 4 & 5).
Miranda v Arizona requires that the accused person’s Constitutional rights be read upon arrest.
Wisconsin v. Yoder ruled that Amish students could not be compelled to attend public school past eighth grade because it violated the free exercise clause of the First Amendment.
Tinker v. Des Moines ruled that students have the 1st Amendment Speech right to protest during school, provided the protest does not interfere with instruction.
McDonald v. Chicago ruled that the Second Amendment protects the right to own firearms for the purpose of self-defense, and incorporated that right to the states.
New York Times Co v. United States bolstered freedom of the press and established a high bar for “prior restraint”.
Naturalization is the legal process by which an immigrant becomes a U.S. citizen.
De jure means ‘by law” (de jure segregation = legal segregation).
De facto means “in fact” (de facto segregation = social segregation).
The 1964 Civil Rights Act made the segregation of public places illegal and prohibited employers receiving federal funds from discriminating on the basis of race, sex, religion, or national origin.
Martin Luther King Jr’s “Letter From a Birmingham Jail” argued that civil disobedience against an unjust law is allowed, called for nonviolent protest to gain civil rights, and that moderate whites should join the Civil Rights Movement.
Gideon v Wainwright granted the accused the right to counsel even if one cannot be afforded (6th amendment).
Entitlements are benefits that federal law requires be given to all citizens that qualify (Social Security, Medicare, Medicaid).
The Americans with Disabilities Act (ADA) forbids employers and employees of public accommodations to discriminate against people with disabilities.
The 15th Amendment gave African-American men aged 21+ the right to vote.
The 19th Amendment gave women the right to vote.
No state shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property without due process of law (14 amendment).
The 26th Amendment gave 18 year olds the right to vote.
Constituent is another name for a voter.
Exit polls are taken after the people have voted.
For polls to be accurate, the sample group must be random, large (1000+), representative, have a low (+/- 5%) margin of error, and ask unbiased questions.
Political Action Committee’s (PACs) are organizations created for participating in politics and donating to candidate’s campaigns.
When different parties conflict over control of the Legislative and Executive branches, the government is considered divided.
Reapportionment in the House of Representatives is done every 10 years based on the national census and redistricting for congressional districts for the House are drawn by state legislatures after reapportionment.
Gerrymandering is the drawing of congressional districts to give one party an advantage over the other.
Baker v. Carr argued that in the redrawing of districts, one person’s vote must be equal to another’s and SCOTUS can rule on the issue of state redistricting.
Shaw v. Reno ruled that districts cannot be racially gerrymandered (drawn only considering race as a factor)
Citizens United v. Federal Election Commission allows unlimited spending on political activities by corporations, associations, and labor unions as a form of political speech, and led to the creation of SuperPACs.
A straight ticket means that a constituent votes only for candidates from a single party.
In a closed primary, only registered party members may vote in that party’s primary.
In an open primary state, any registered voter may vote in either party's primary election.
Washington D.C. shall have three electoral votes in the Electoral College via the 23rd amendment.
Suffrage is the right to vote.
Franking is free mailing privileges for members of Congress.
Incumbents are the current sitting elected officials in an election who are running again for that same office.
The Electoral College is a special body of people (appointed by the state legislature) from each state to vote for the President and Vice-President. Electors may not hold public office in that state.
An initiative allows the people to place laws on the ballot for voting in state level elections.
A referendum is a popular vote on a proposal that has been considered by a legislative body at the state level.
A recall is a special election at the state level to remove a state or local elected official from office before the end of their term.
The Voting Rights Act of 1965 outlawed literacy tests.
Each Elector casts two ballots for the President and one for the Vice-President.
A primary election is held to determine a party’s representative (candidate) for the general election.
The general election is the election for the office itself, after the parties have decided their candidate.
A convention is a national political party gathering to nominate their party’s presidential candidate.
A caucus is a meeting of political party members to determine a party’s course of action or to select a candidate to run for office.
The party’s platform is their position on issues of the day.
A plank is the party’s position on one issue.
A plurality means that you have the most votes (but not necessarily a majority/ over 50%).
The 17th amendment provides for the direct election of Senators.