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88 Cards in this Set
- Front
- Back
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Explain the political system.
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Demands → Government → Decisions
-Element -Process through -Laws- -Preferences which wants -Impl.- -Support are assessed- -Apathy | | | | -------------Feedback-------------- |
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Why is authority considered legitimate?
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Tradition, Charisma, Socialization/Habit, Perceived benefits of obeying, Religion, Social Contract
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Define Civil Rights
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The positive acts the government takes to protect people against acts of discrimination.
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Civil Rights Cases
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Series of S.C. cases where the court found that only the government was prohibited from violating civil rights
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Civil Rights Act of 1964
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Most successful piece of civil rights legislature; outlawed poll and literacy tax; enforced 15th amendment; made it illegal to prevent minorities from voting; gave federal government the right to monitor elections where there was a history of discrimination.
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What was the original problem with the Bill of Rights? The solution?
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The problem was that, initially, the Bill of Rights only applied to the National Government; the solution was Selective Incorporation (this phrase was used to refer to applying the Bill of Rights to the states).
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Rights, as of 2002 that have not been “applied” to the states:
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Right to bear arms, quartering of soldiers, right to a grand jury indictment, and freedom from excessive bail and bonds.
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Bill of Right
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1st amendment – freedom of religion; freedom of speech and press. 4th-8th amendment – rights of criminal defendants.
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Social Contract Theory
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Before government began, people existed in a state of nature. Each individual was the ultimate authority in his life. Under the contract, people gave up their absolute sovereignty for order and protection.
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What were the Articles of Confederation? What did some of the articles deal with?
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The first governing document of the U.S.; Article 1 – dealt with Canada; Article 11 – Confederation; Article 2 – states were the ultimate authority; Article ? – Established a one body, unicameral Congress.
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How could the Articles be amended?
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Each state gets one vote; 9 states were needed to pass laws and a unanimous vote was required to amend any of the articles.
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What were the problems with the Articles?
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No judicial system set up (national level); article 9 (mentions the executive branch, i.e. the president) – a weak and ineffective executive, sovereignty of states, lack of a strong central government with the ability to tax, regulate commerce, and enforce laws.
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What kind of division was there at the Constitutional Convention?
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Representation (big v. small states), Slavery (north v. south), and Westward expansion (border states).
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Convention Plans
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Unicameral legislature based on states, strong state powers (but recognized supremacy of the central government), and preserved confederacy.
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Virginia Plan
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Strong national government, 3 branches of government, and bicameral legislation based on population.
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Connecticut (Great) Compromise
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Bicameral legislature with the lower house representing the people and the upper house representing the state; set up strong executive and judiciary.
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3/5 Compromise
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For the purpose of representation, slaves counted as 3/5 of a person
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Electoral College
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A way in which to reconcile the decision of the states in selecting a natural leader (amended after the 4th presidential election).
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Dual Federalism (1789-1933)
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Separate sphere of power, pre and post Civil War eras, undermined by increased interaction.
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Cooperative Federalism (1933-1963)
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More activist and powerful national government, heavy regulation & categorical events
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Centralized/Creative Federalism (1963-1980)
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Great Society (LBJ), probably the height of national control over the states
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New Federalism (1980-present)
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More responsibility for state and local governments, block grants.
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Enumerated powers
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Specific source – the Constitution; Article 1 – Section 8: Congress has the power to do x, y, and z.
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Implied powers
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Specific source: Enumerated powers.
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Concurrent Powers
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Powers shared by both the state and national government (i.e. taxation and making laws).
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Reserved Powers
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Powers only states possess
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How do you amend the Constitution –Proposal?
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Proposal – 1.) Through Congress by 2/3 vote in both houses; 2.) At the request of 2/3 of the states (never used, but meant to keep Congress from rejecting change
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How do you amend the Constitution – Ratify?
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Ratification - 1.) By legislation in ¾ of the states (only 6 of 33 proposed failed to pass); 2.) By conventions in ¾ of the states (21st amendment).
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How does a bill become a law – the House?
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1.) Referred to House Committee (Standing)
2.) Referred to Subcommittee 3.) Reported to full committee 4.) *Rules Committee* (Standing) 5.) Full house debates and votes |
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How does a bill become a law – the Senate?
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1.) Referred to House Committee (Standing)
2.) Referred to Subcommittee 3.) Reported to full committee 4.) *NO RULES COMMITTEE* 5.) Full house debates and votes |
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After passing the House and Senate, what happens to a bill?
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1.) Conference Committee (to make changes to it)
2.) Must have House Approval AND Senate Approval of changes made 3.) Goes to the president, who can veto it, ignore it, or approve it |
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House of Representatives – Job Specifics
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1.) Initiates all revenue bills
2.) Impeaches officials 3.) More centralized and formal; strong leaders 4.) Majoritarian |
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Senate – Job Specifics
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1.) Approves treaties
2.) Tries impeached officials 3.) Less centralized and formal; weak leaders 4.) Super Majoritarian |
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House of Reps. – Members
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• 435 apportioned based on population
• Direct election (1789-present) |
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Senate – Members
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• 100 apportioned equally between states
• State legislative elections (1789-1913); Popular elections since |
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House – Job requirements
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Age: 25 years old
Residency: 7 years Term in Office: 2 years |
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Senate – Job requirements
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Age: 30 years old
Residency: 9 years Term in office: 6 years |
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House – Leadership
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Speaker
Majority Leader Party Whip Minority Leader |
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Senate – Leadership
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Majority Leader (different from House ML)
Minority Leader Party Whip President of the Senate – V.P. |
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What does Congress do?
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Representation, lawmaking, oversees the Executive Branch.
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Demographic/Descriptive Representation
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Representation of groups by individuals who share the same physical characteristics (i.e. race, gender, ethnicity)
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Geograpic Representation
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Representation of groups by individuals based upon territory
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Functional Representation
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Individuals for a certain/specific function they provide to the legislature (economic specialists, environmental experts)
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McCulloch v. Maryland
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Implied Powers
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Texas v. Johnson
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Symbolic Speech
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Schenck v. U.S.
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Clear and Present Danger
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Miller v. California
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Obscenity
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NY Times v. U.S.
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Prior Restraint (Censorship)
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Wolf v. Colorado
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Search and Seizure
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Mapp v. Ohio
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Overturned Wolf
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Miranda v. Arizona
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Self-Incrimination
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Powell v. Alabama
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Right to Counsel
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Gideon v. Wainwright
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Right to Counsel
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Gideon v. Connecticut
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Cruel and Unusual Punishment
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Roe v. Wade
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Abortion Case
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Dred Scott v. Sandford
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Minority/Civil Rights
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Plessy v. Ferguson
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"Separate but equal"
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Brown v. Board of Education
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Struck down "separate but equal" under the equal protection clause of the 14th amendment
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Constitution
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Set of statements that describe fundamental rules of a political society
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Legitimacy
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The belief that the power someone has over you is justified.
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Government
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The institutions and structures that make a society’s rules
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Politics
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Determination of who gets what, when & how; the process by which public policy decisions are made; process by which power is used to achieve goals
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Federalism
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The geographic distribution of power
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Checks and Balances
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The limitation of powers of any 1 branch by making it share powers with other branches
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Separation of Powers
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The distribution of power and authority among the 3 branches of the government
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Establishment Clause
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The government can’t pick one religion or establish a national religion
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Free Exercise Clause
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You are free to practice your own religion however you choose
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Prior Restraint
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Prevention of a statement or other expression from being published (censorship)
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Incorporation
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To provide a geographic area a legal status
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Liberty
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Freedom from government interference in our lives.
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Democracy
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Government by the people, exercised either directly or through elected representatives
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Majority
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The majority in any society should elect representatives and make policy decisions
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Individualism
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The concept that the individual is a rational being capable of making his or her own decisions
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Minority Rights
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The majority has the obligation to protect the minority
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Pluarlity
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In most elections, the person who gets more votes than anyone else is the winner. That person is said to have a plurality of the votes.
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Popular Sovereignty
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The theory that government is created by and subject to the will of the people
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Supermajority
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A specified majority of votes, such as 60 percent, required to approve a motion or pass legislation
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Equality
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State of being equal in rights or treatment
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Party Whips
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A legislator appointed by the party to enforce discipline
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Standing Committee
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Permanent committee
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Conference Committee
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Committee of members of both the House and Senate that confers on differences in measures that have passed both houses
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Special Committee
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Committee appointed to examine legislation on a particular topic
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Joint Committee
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Committee consisting of Members of both the House and Senate
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Speaker of the House
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Presiding officer in the House of Representatives
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President Pro Tempore
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Chief presiding officer of the Senate in the absence of the VP
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Filibuster
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The delaying of legislative action by time-consuming talk and/or controlling the floor
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Cloture Rule
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Takes 3/5 of the senate (60 senators) to end a filibuster
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Germane Rule
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The speaker on the floor has to talk about the issue at hand
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