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72 Cards in this Set

  • Front
  • Back
qualifications for president
natural born citizen, at least 35 years old, 14 years resident prior to election
responsibilities of president
commander A and chief, chief legislator, chief executive
use of the executive order
announcement of law- do not need congress approval
electoral college - what is it?
group of electors, equal to number of state representatives(senators), that cast vote for president
electoral college - why is it controversial?
electors can vote against popular vote of their own state
total amount of votes and how is it divided
538 votes in total-
435 members of the house
100 members of the senate
3 district of columbia
# of votes necessary to win
270
what happens if there is a tie?
majority vote in the house of representatives
presidential succession (if one dies, who is next?)
VP, speaker of the house, president Pro Tempore of senate, secretary of state
grounds for impeachment
treason, bribery, "high crimes and misdemeanors"
who impeaches and who removes president from office?
house impeaches, senate removes
how many votes does it take to impeach?
2/3 majority of senate to convict = removal
what were the constitutional grounds to impeach Clinton?
perjury, obstruction of justice;
questionable to many
checks and balances - purpose of judicial checks
to declare acts of president unconstitutional
purpose of legislative checks
to override presidential veto, declare war, appropriate funds, approve presidential appointments
qualifications for supreme court
none
responsibilities of judicial branch
to interpret / apply laws
process by which a person becomes a member of the supreme court
presidential appointment,
senate approval,
lifetime job
how does a case get to the supreme court?
it goes through district court, then appeals court, then supreme court. Court may hear a few hundred out of every 8000. rule of 4
judicial activism
when courts do not limit their ruling to the dispute before them, but instead establish a new rule to apply broadly to issues not presented in the specific action.
judicial restraint
encourages judges to limit the exercise of their own power.
executive checks
president appoints judges
legislative checks
senate approves judges, legislature can pass constitutional amendment
bill of rights- creation
agreement between federalists and anti-federalists
first amendment
freedom of religion, freedom of speech, freedom of press
freedom of religion
establishment clause, free exercise clause, separation of church and state- Jefferson's letter to the Danbury Baptists
differentiate between speech and expression
speech is speaking freely without censorship, and expression is conveying, or representing in words, art, music, or movement
speech in schools - Tinker v Des Moines
three public school students in Des Moines, Iowa, were suspended from school for wearing black armbands to protest the Government's policy in Vietnam. There was no interference with learning.
Cohen v California
man was arrested for wearing a jacket with the words "Fuck the Draft" inside the Los Angeles Courthouse. obscenity, fighting words, captive audience
freedom of press- prior restraint
a government's actions that prevent materials from being published
freedom of press
prior restraint, confidentiality of sources
establishment clause and free exercise clause- religion clause
prohibits the establishment of a national religion by Congress, and the preference of one religion over another
separation of church and state
government and religious institutions are to be kept separate and independent of one another.
amendments 4, 5, and 6
eminent domain, double jeopardy, reasonable suspicion, probable cause, plain view doctrine, due process, fruit of the poisonous tree
eminent domain
the inherent power of the state to seize a citizen's private property, expropriate private property, or rights in private property, without the owner's consent, for public use
double jeopardy
forbids a defendant from being tried a second time for the same crime.
reasonable suspicion
a person; has been, is, or is about to be, engaged in criminal activity based on specific and articulable facts and inferences. Requires less evidence than probable cause
probable cause
a reasonable belief that a crime has been committed and the person is linked to the crime with the same degree of certainty
plain view doctrine
allows an officer to seize without a warrant, evidence and contraband found in plain view during a lawful observation.
due process
the government must respect all of a person's legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty, or property.
fruit of the poisonous tree
evidence gathered with the aid of information obtained illegally. anything gained from the illegal find (the "fruit") would be tainted
amendments 8, 9, and 10
8th- cruel and unusual punishment
9th- unenumerated rights
10th- states rights
unenumerated rights
Rights that are not expressly mentioned in the written text of a constitution but instead are inferred from it
14th amendment- reconstruction history
intended to restructure the United States from a country that was "half slave and half free" to one that was all free
equal protection and due process clause
all men are created equal and should be given equal protection of the laws, and due process
senate qualifications / term
must be 30 years old and a citizen for the past 9 years
6 year term
100 senators in total (2 from each state)
House qualifications / term
must be 25 years old and a citizen for the past 7 years
2 year term
435 members in total
speaker of the house
the Representative of his or her congressional district, performs administrative and procedural functions, duties relating to heading the House and the majority political party
majority/ minority leader of the house
majority leader acts as the leader of the party that has a majority of the seats in the house (currently at least 218 of the 435 seats, while minority leader does the opposite
party whips of the house
ensure that members of the party attend and vote as the party leadership desires
why are committees important?
review of bills, oversee executive branch, may consider and amend bills, but may not grant them final passage
majority/ minority leader of the senate
responsible for controlling the agenda of the Senate; for example, he schedules debates and votes
whips of the senate
works to ensure that his party's senators vote as the party leadership desires
president pro tempore
the second-highest-ranking official of the United States Senate and the highest-ranking senator. He rules on points of order and signs Legislation passed by the Senate before it is sent to the President for his signature
president of the senate
is also the VP. votes when there are ties. second in line of succession
local leadership- the house
Chris Murphy
local leadership- senators
Chris Dodd and Joe Lieberman
standing committee
permanent. aids the parent assembly in accomplishing its duties
select committee
temporary. appointed to perform a special function that is beyond the authority or capacity of a standing committee
conference committee
both houses of congress. resolve disagreements on a particular bill
Locke philosophy
constitutional monarchy,
life liberty and property
Hobbes philosophy
absolute monarchy,
government is always just
Machiavelli philosophy
ends justify the means,
it is better to be feared than loved
Rousseau philosophy
property rights = inequality,
we sacrifice our individuality for protection in society
what type of court system do we have in the United States?
dual court system- federal and state
how many justices serve on the supreme court?
9 (8 associate justices and 1 chief justice)
how long is the term of a supreme court judge?
for life. this applies to federal judges at all levels
how do other branches check the power of the supreme court?
the executive branch uses its best judgment, the senate confirms the appointment, legislature can pass an amendment to the constitution if things get out of hand
what is a primary election?
a preliminary election in which voters nominate party candidates for office
what is a general election?
an election of the chosen candidate from each party. the winner wins the open seat in congress
what is the cost of conducting a congressional campaign?
house of rep: 1 to 3 million
senate: 2 to 20 million
define PAC
political committee organized for the purpose of spending money to elect and defeat political candidates