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99 Cards in this Set
- Front
- Back
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Key People at the Convention
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George Washington
James Madison Benjamin Franklin |
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Key People Not There
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Thomas Jefferson
John Adams John Hancock Thomas Payne Patrick Henry |
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What do Articles 1, 2,3 create and control
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Executive, Legislative, Judiciary
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Amendment process
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2/3 of the house or senate has to propose, 3/4 of the states have to approve, does not go to the White House
"joint Resolution" |
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Basic Doctrines of The Constitution
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popular sovereignty
limited government republican government civil liberties Universal Adult Suffrage Seperation of Powers Federalism |
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Popular Sovereignty
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people have to the power,
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Limited government
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Article 1 Sec. 8 spells out what governemtn can do.
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Republican Government
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Creation of a representative Democracy
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Civil Liberties
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Natural rights granted to you the moment you are born
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Universal Adult Suffrage
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beginning of the electoral college
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Seperation of powers/ Checks and Balances
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Legislation
Executive Judiciary |
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McCollough v. Maryland
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National gov't determined it would be necessary to proper to charter a bank. Maryland says they are going to tax the bank. Gov't not going to pay tax.
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Can the U.S. Go beyond Article 1 Sec. 8 and do something not provided for National Proper clause
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John Marshall says yes
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Conflict
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Anytime conflict between state and federal law, federal law is supreme
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Essential theory of Decleration of Independence
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Natural rights and Individual Freedom
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Four Types of Committees
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Standing, Select, Joint, Conference
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Standing
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Permanent committees deal with specific areas of policy consider bills and issues and recommend measures for consideration by their respective chambers
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Select
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When its needed we create one and when doen it goes away. Deals with quesitons that go outside normal experitise
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Joint
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Least important, equal members of house and senate
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Conference
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Temporary, resolves differences between house and senate
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Trustee
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protects the interest of someone else, makes decision in your best interest even if you disgree with me
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Politico
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Describes people who have overly political viewpoints or who spend considerable time "playing politics" with an organizaiton
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Delegate
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Sent to governemtn to echo the whill of people if he thinks they are wrong
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Strong President
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As the president I can do anyting except what is constitutionally prohibityed
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Literal
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"weak" will do only what is constitutionally allowed
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Formal (legal) representation
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Legal respect of representations
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Baker v. Carr
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reapportionment
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Who are the true poltical leaders of Congress
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Majority Leader, Minority Leader, and Speaker of the house
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Majority Leader
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the majority leader is the second most senior member of the majority caucus.
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Whipes
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whose job is to enforce party discipline on votes deemed to be crucial by the party leadership and to ensure that memebers do not vot in a way not approved by the party
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Minority Leader
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Floor leader of the second-largest caucus in the legislative body
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Speaker of the house
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Presiding officer of the Representatives. 3rd in line for presidency
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How do the chambers differ in structure, power,etc?
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Senate confirms, House can impeach, Secnate can throw out, Taxes-House, Congress can declare war
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"Basics" of the legislature
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435 House
100 Senate |
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How did the 2008 Election shape the congressional Landscape
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Democrats increased majority in both chambers
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Executive
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enforce the law
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Various roles of the President
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Chief Executive
Chief Legislator Chief Diplomat Commander in Chief Chief of State Party Chief |
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Chief Executive
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Must be signed by a president to be a law/ pass a bill. Can pardon any country/ crime/ not state. State of the union propose ideas to the legislative branch
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Chief Legislator
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legislative duties not a legislator. When vetos a bill. and 10 days veto
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Chief Diplomat
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Unchecked powers, can do and no one can change it, executive agreement
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Commander in CHeif
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Only congress can declare war, presidents can initiate conflict
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Party Chieft
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When elected becomes the leader of that party. To help others in that part to be at fundraisers
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Judiciary
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Intrepets the law
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Current members of the Supreme Court
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Breyer
Ginsberg Kennedy Thomas Scalia Roberts Alito Souter Stevens |
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Judicial Review
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seperation of powers in congress
John Marshall Marburry v. Madison: office spot an not getting it |
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Judicial activism
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Believes court has every right to make laws and protect an individual
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Judicial Restraint
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Theory of judicial interpretation that encourages judges to limit the exercise of their own power it asserts the judges that hesitate to strike down laws unless they are obviously unconstitutional
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Appellate Courts
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Review Decisions made by judges
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3 Methods of Candidate Nomination
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Caucus
Convention Primaries |
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Open Primary
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Can vote Republican or Democratic but don't have to declare your party but still vote for one part
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Closed Primaries
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Most states operate under this. ONe in which you must declare your political party
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Nation convention
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Candidate
Platform Unity |
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How does the electoral college work?
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People don't elect the presidents, the states do. 538
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Civil Liberties
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Inalienable rights, you were born with, protect in bill of rights
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Bill of Right
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Freedoms listed in the first 10 amendments
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First amendment
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Speech, Free Exercise Clause, Establishment Clause, Press, Assembly, Petition
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Speech
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Schenck vs. U.S (clear and present danger test) Symbolic Speech ( Texax v. Johnson) Miller v. California ( any value in porn that its legit)
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Press
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as close to free exercise as it comes, except in Public Schools
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Relgious Freedom Clause
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Free from Government established religion cannot favor one religion over another religion Abington v. Schemp
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Free Exercise Clause
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Freedom to Worship to exercise your religion except if it hurt's someone else, Minersvill v. Gobitis, W.V.A bd. of Education v. Barnetter, Engle v Vitale
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4th Amendment
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Search and Seizure, Creation of Exclusionary Rule
Mapp v. Ohio-underwear drawer |
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5th Amendment
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Present or Indictment of a Grand Jury
"Double Jeopardy Clause" only one chance to perscute someone. No person shall be deprived of life, liberty, and property w/o due process of law |
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6th Amendment
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Speedy and Public Trial
Petit Jury-Determines Trial Voir Dire- Process of questioning and eliminating potential jurors. Assitance of Counsel |
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Gideon v. Wainwright (6)
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tries to be his own lawyer, gets convicted, studies in law library, feels like he should have had a lawyer sends a letter to supreme court
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Escobedo v. Illinois (6)
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Defines WHEN you get assitance of counsel
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Miranda v. Arizona (6)
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Didn't know his rights, MIRANDA rights
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7th Amendment
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Civil Cases
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8th Amendment
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Excessive Bail should not be requires, or excessive fines proposed, no cruel or unusual punishments
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9th Amendment
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Right to an education
Right to Marriage Right to Privacy: Griswold v. Connecticut Roe v. Wade |
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14th Amedment
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Dred Scott case
Barron v. Baltimore: lost b/c doesn't protect you as a state cititzen from the state government |
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2nd process law
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cannot deprive state citizens life, liberty, or property w/o due process of laws
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Equal Protection Clause
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Unless government can prove a compelling reason they should be seperate
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Frontiero v. Richardson (14)
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womens rights
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Civil rights
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granted by Government
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15th Amendment
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opens voting to black men, qualifying tests, Grandfather clause, later rule unconstitutional, white primaries also struck down. Poll taxes and Literacy Tests
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1965 Voting Rights Act
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Eliminates Literacy Tests
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1965 Housing Rights Act
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Eliminates Housing Discrimination Jim Crowe Laws
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plessy v. Ferguson
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Black man was sitting in white passenger compartment on the train, refused to move. Allowed to seperate but provide both with equal facilities (seperate but equal clause)
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Brown v. Bd. of Education
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Questions Seperation
Thurgood Marshall argues case Earl Warren new Chief Justice. Warren wants to overturn dejure segregation, court can interpret the law but can't inforce it |
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Brown 2:
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warren is fed up w/ schools that wouldn't desegreage and can't tell president what to do but can tell lower courts, told them to force schools to desegregate
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1964 Civil Rights Act
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Outlaws dejure segregation and racial discrimination
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Dejure Segregation
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Segregation mandated by law or decreed by government officials
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Defacto Segregation
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Segregation that occurs because of past economic and social conditions such as residential racial patterns
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Public Opinion
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Collective attitudes of a particular group of people on a particular topic at specific moment in time
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Non-Scientific
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"Trash" Haphazard sample
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Scientific
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ones you can put some sort of reliability in
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Strawpole
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Sample chosen by questioner, respondent chooses to be in survey
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Litercy Digest 1936
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Decided to survey 5 million people to try and predict the election. Predicted Election wrong. They had criteria of who they were sending it too
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Quote Sampling
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Reflect the same quotas as there was in the population. If they didn't fit the criteria weren't asked questions
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Random Sample
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Best method/accurat. Sample in which each person in the population from which the sample taken has same chance of being selected for the sample. equal chances
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Sample
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Final group of people that get survey
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Population
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Larger groups whose views are attempting to measure
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3 main ways of questioning
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Face to Face (highest response rate)
Phone Interview |
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4 Types of Bad Survey Questions
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1) Leading Questions
2) Socially Desirable 3) Double Barred 4) Vague |
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Leading Questions
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Phrased in such a way they tend to lead respondent into desired answer
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Double Barred
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In a court room as double standard questioning
Asking two questions but only allowing one answer |
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Vague
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"Do you watch TV news frequently"
Margin of error |
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Haphazard
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People asked are chosen by questioners
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Strawpoll
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the respondent is choosing to be part of sample
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