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123 Cards in this Set
- Front
- Back
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Article I
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Legislative Branch: Congress, Senate
435 Representatives/ Seats divided among the 50 states |
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Article II (2)
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Executive Branch: creates the office of the President (electoral college), Powers of the President
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Article III (3)
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Establishes Supreme Court
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Article V (5)
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Amendment Process: Proposal (2/3 votes), Ratification (3/4 to Ratify)
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Article IV (4)
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Relationship Among the States: Full faith and credit, privileges and immunities, Extradition
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Article VI (6)
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Supremacy Doctrine: State law can't override US law, No religion test: No religion to run for office
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Amendment 1
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State should not prohibit freedom of religion: Freedom of Speech
Church and State will remain seperate |
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Amendment 2
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Right to keep and bear arms
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Amendment 3
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The army can't force you to house soldiers
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Amendment 4
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Protect from unreasonable search: Don't need a warrant to come inside home if you are breaking the law
-Search Warrant: safe in home against unreasonable search |
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Amendment 5
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You can't be put on trial for the same crime twice and you can't be witness against yourself (right to remain silent): If jury says you are not guilty you can not be tried again
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Amendment 6
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Right to an attorney, Right to confront witness, Right to a speedy and public trail, right to obtain witness in his favor
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Amendment 7
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Right to sue people, file a suit
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Amendment 8
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No cruel and unusual punishment
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Amendment 9
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Rights not specifically mentioned: Griswold vs. Connecticut, Privacy of the people behind closed doors, Roe vs. Wade (abortion, right if a women wants the baby)
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Amendment 10
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State's right: Moral Issues, states have the right to control state affairs
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Amendment 11
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Sovereign Immunity: Can't sue a state in a US court
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Amendment 12
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Separation of President/Vice President Election:
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Amendment 13
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Constitutional: Abolish slavary
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Amendment 14
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Citizenship: Due process claluse and equal protection clause ( no state can deprive people of life, liberty and equality) Gideon vs. Wainright
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Amendment 15
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Voting Right and Race: No one can be denied the right to vote due to race
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Amendment 16
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Income Tax: By pass state and tax people directly
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Amendment 17
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Senate Election
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Amendment 18
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Prohibition of Alcohol (can't buy, sale, make, import, but you could drink)
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Amendment 19
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Voting Rights and Gender: Women earned the right to vote
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Amendment 20
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Terms of Elected Official
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Amendment 21
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18th amendment was repealed: states can make their own decisions about alcohol
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Amendment 22
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Presidential terms: president has 2 years (10 years max- can be elected twice)
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Amendment 23
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District of Columbia got electors
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Amendment 24
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Poll Tax- No money to vote
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Amendment 25
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Vacancy in the VP's Office: Presidential incapacitation (sick) VP takes over
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Amendment 26
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Voting ages 18, 19, 20 years old
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Amendment 27
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Congressional Pay: congress gets no pay raise until election
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Why do we have federal systems (historical reasons)
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State being focal point of power
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Positive Effects of Federalism
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-local governments have the power to solve local problems
-access to government -Layers of protection -Experimentation -Suits a diverse population |
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Negative Effects of Federalism
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-lack of unity
-local governments block national policy -economic inequality (among states, within states) -Inconsistent legal systems |
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Federalism
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A system of government where powers are shared
-National government and regional governments share authority |
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Gibbons vs. Ogden
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Commerce clause (interstate commerce involving more that one state)
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McCulloch vs. Maryland
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2nd Bank of the US
-Necessary and Proper -Implied Powers doctrine is established -Supremacy Doctrine is interpreted (US can regulate interstate commerce) |
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Civil War
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Can states nullify laws?
Can states leave the union? (NO) -leads to the 14th Amendment -lead to 16th for income tax -17th State: State lose senate protection |
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What amendment lead to income tax?
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16th Amendment
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What amendment loses senate protection?
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17th Amendment
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The Great Depression
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-Led to state dependence on US sort assistance "stimulus packages" (money)
- by product of US and to states (control with money) -Current (more recent) events: 2000 elections, Economic Downturn of 08 and 09 |
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Popular Sovereignty
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power to the people
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Referendum
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People vote: decisions put before the people to vote on (choose fate of an issue)
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Universal Suffrage
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most people can vote
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Electoral College
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538- Population
House + Senate =Electoral College Winner takes all in 48 States 270/ 538 to win |
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Sovereign Immunity
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Can't sue a state in a US court
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Politics
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Process of who gets what
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Majoritarianism
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majority rule the system
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Pluralist Theory
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rule by the interest group
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Elite Theory
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run by the rich (all about the rich), wealthy
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Enumerated Powers
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Expressed powers: those specifically expressed
Example: regulate commerce |
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Implied Powers
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Necessary and Proper Clause
Example: Draft |
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Inherent Power
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Power a government simply because... Executed by the President
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States: 10th Amendment
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"reserved to the states" : powers not delegated to United States
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Concurrent Powers
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Common powers: Exercised at both levels (by both state and US)
Example: Tax, Judicial authority |
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Long term consequences of the 14th amendment
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Gideon vs. Wainwright: Appeal his conviction because he was not allowed an attorney. Equal protection laws
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How has the 9th amendment been used in the last 50 years?
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Griswold vs. Connecticut: Privacy of the people behind closed doors
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Checks and Balances
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make sure the branches maintain quality (be sure division stays true)
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Federal System
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Shared powers with the states
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Unitary System
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National Government monopolizes power
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Confederacy
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Voluntary association of Governments
-creates a central government |
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Block Grants
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-Limited Government
-Given to MS to do what they need for a general thing |
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Categorical grant
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to be used for a specific purpose, usually a matching fund grant (exactly how it is intended)
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Robert Gates
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Department of Defense
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William Daley
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White house chief of Staff: executive office of president
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Timothy Geithner
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Department of Treasury
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Hillary Clinton
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Secretary of State
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Barak Obama
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Commander of Chief
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Joe Biden
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Vice President, Leader of minority party of the house, Speaker of the house, would be new President
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Mitch McConnell
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Minority Leader of the Senate
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Nancy Pelosi
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Minority Leader of the House
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Daniel Inouye
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President Pro Tempore of the Senate
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Harry Reid
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Majority Leader of the Senate: In reality the most powerful
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Alan Nunnelee
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MS House Representative: Tupelo Area
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Greg Harper
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MS House Representative: Starkville to Rankin County
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Bennie Thompson
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MS House Representative: Delta
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Steve Palazzo
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MS House Representative: Coast
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Roger Wicker
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MS Senator
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Thad Cochran
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MS Senior Senator
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Presidential System
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Executive & Legislative branches are separated, head of state and head of government
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Semi Presidential
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Example: France
President of Foreign Affairs Prime Minister of Domestic Affairs |
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Parliamentary System
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Legislative and Executive branches linked, Chief Executive, Prime Minister: leader of majority system, head of state, figurehead (monarch), head of state
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How do we elect the President/ VP? What happens if the electors fail to select a President/ Vice President?
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Electoral College: 270 wins
-If nobody receives the majority: president: House picks from top 3, each gets 1 vote, quorum rules apply VP: Senate picks among top 2 |
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What is the NSC?
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National Security Council:
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The President's options when he gets a bill from Congress:
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1. Sign
2. Veto 3. 10 days: do nothings, if congress is still in session then the bill passes, if they adjourn then the bill is dead |
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Chief of State
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Head of State, ceremonial role, chief public representative
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Chief Executive
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Head of Government: executive authority (power) shall be vested in the President , take care that the laws be faithfully executed, appointments (10k or so), ambassadors, cabinet with " advice and consent of senate (recess appointments)
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Commander in Chief
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Command and direction of the military and naval forces, command of National Guard when "federalized", commander of Coast Guard, can not declare war, war powers resolution (48 hours notification), forbids over 60 day commitment without authorization, whether WPR is constitutional is questionable
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Chief Diplomat
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Head of foreign affairs
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Chief Elected Representative (legislator)
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State of union address, power to adjourn/ convene, legislator agenda, example: health care
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Executive Privileges (immunity)
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Withhold information from congress or the courts.
-matters of National Security |
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US vs. Nixon
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Watergate Scandal
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What if Obama dies? What's the line of succession?
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1. Joe Biden
2. Speaker of the House ( Joe Boehner) |
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What's a Prime Minister? How are they picked?
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Head of Government, figurehead (monarch), head of state
-leader of majority system |
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Power to " recognize" another country's government
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Diplomatic: president decides who we have relationships with
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Treaties
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advice and consent of senate
2/3's vote (dual between nations) |
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Executive Agreements
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Dual between executives
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Executive Orders
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-orders issued by the President
-almost like laws -no real constitutional basis other than "executive clause" ex: Obama- ensuring landful interrogations |
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25th Amendment
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-Vice President Vacancy
-President Incapaciation |
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House
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-initiate tax bills, initiate impeachment (high ranking official removed from office)
-2 year terms -chosen by the people -435 by law |
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Senate
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-confirm presidential appointments
-6 year terms -chosen by state governemnts -was designed to be "wiser" and more stable |
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Founding father's intentions when they created the House and Senate
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To stable body and represent the elite
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Reapportionment
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-redistribution following the census
-around 1 rep for 700k -Not exact since each state gets atleast 1 -census data raised to reapportion seats in the house |
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Redistricting
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Redrawing the districts
-net result " one man one vote" -districts must be around the same size |
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Gerrymandering
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deliberate manipulation for political advantages
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Filibuster
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" talk out a bill" (senate)
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Cloture
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60 votes needed
-ending a debate and talking out a bill |
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Casework
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Service to constituents
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Oversight
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Congress responsible for executive branch in constitutional power, Investigation
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Congressional Committee System
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1. Standing: Jurisdiction over legislation, oversight responsibility
2.Select: conduct investigation, temporary 3. Conference: where the bill goes after the house and senate and president get the final decision |
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House Rules Committee
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Governed by the rules committee
-sets debate guidelines |
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Senate Rules
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permits unlimited debate
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17th Amendment
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Change the way we elect senators
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Open Primary
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Everyone can vote
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Closed Primary
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asked to choose Democratic, Republican, or neither and you participate only in that primary, neither does not participate
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Clear and present danger
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when government may restrict free speech but restrictions or permissible as long as it does not danger & public order
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How are Mississippi judges elected?
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We elect them
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Judicial Activism
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check government bodies when those bodies exceed their authority
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Judicial Restraint
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should defer the decision made by elected representatives
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Judicial Review
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enables the judicial branch to act as a check on the other two branches of government
-determines whether a law or action by other two branches is constitutional |
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From the Supreme Court point of view, whats the political question?
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an issue the court believes should be decided by the executive or legislative branch
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