POL 51 - FINAL
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. What would you like to do?
What are the qualifications to be a Congressional Representative
Qualifications: ** To be a Representative, you must be:
- at least 25 years old
- a citizen for at least 7 years
- a resident in the state you'll be representing
What are the qualifications to be a Senator in Congress?
- To be a Senator, you must be:
- at least 30 years old
- a citizen for at least 9 years
- a resident of the state you'll represent
What are the differences between the House of Representatives and the Senate?
Representatives can call for IMPEACHMENT
2/3 of Senators need to vote in order to convict the IMPEACHMENT
Who calls a Special Election when vacancies occur from any state?
The Govenor of that State
Who is the President of the Senate and has "No Vote" unless they are equally divided?
The Vice President - Joe Biden
How many Congressional Representatives are there?
Does conviction in an impeachment automatically send you to jail?
No. It simply removes you from office. You can still be prosecuted again in court
How many times a year must Congress assemble?
The Congress must assemble at least once a year
How often do elections occur for Representatives?
Every 2 years
How often do elections occur for Senators?
Every 6 years
What is the "President Pro Tempore"?
"President Pro Tempore" is when the Senator with the most seniority fills in as the President of the Senate.
"President Pro Tempore" - President for the Time Being
What is "immunity" and why do Congressmen have it?
- Senators and Representatives cannot be arrested except for
- breach of the peace, felony and treason while traveling to or from or during their attendance in congress.
How much do Senators and Representatives get paid?
$174,000 a year in base pay
Which branch of government is repsonsible for initiating tax laws? Why?
The House of Representatives because the power was meant to be kept in the hands of the people
Can Senators or Representatives hold any other government job while in office?
What is a legislative "bill"?
A legislative bill is an idea that must be introduced in the House of Representatives, then approved by the Senate and the President in order to become law.
What does "Veto: mean?
What are the powers of Congress according to Article I, Section 8 about?
- 1. Introduce a bill that requires Americans to pay tax
- 2. Create an Regulate the Military
- 3. Borrow Money
- 4. Appraise Money
- 5. Declare War
An Ancient common law principle that anyone who is arrested must be brought to court to have formal charges made. This prevents the government from kidnapping people
Law that targets specific groups or individuals and declares them guilty of a crime without a trial
Bill of Attainder
What is "Ex Post Facto"?
Law that punishes an act that was not illegal when it was committed.
According to the Constitution, what are the debts suppose to be paid with?
The monetary embodiment of Gold and Silver coins
What is the term of office for the President?
4 Year term
How many times may a President be elected?
Since 1951, with the ratification of the 22nd Amendment, a president can only serve 2 full terms
What is the "Electoral College"?
Citizens who vote for the President are actually voting for the members of the Electoral College in their State.
Members of the Electoral College directly votes for the President
What is the "winner takes all" of the Electoral College?
A method in which the presidental canidate with the most votes of a particular State gets chosen by the State appointed Electors.
What is the "Congressional district model" of the Electoral College?
A method is which Electors are first chosen by Congressinal Disrtict, then 2 Additional Electors are chosen for whichever canidate wins the most votes in that State
How is the number of Electors for a particular State determined?
The number of electors per State equals the combined number of Representatives and Senators for that State
What is the main responsiblility of the President?
Executing (carrying out) laws passed by Congress
What are the qualifications to be President of the United States?
- 1. A Naturally Born Citizen
- 2. At least 35 years old
- 3. Lived in the United States for 14 years
What is "Express Powers"?
Definite and Explicit grants of Authority
Ex...The President can appoint someone to a Cabinet office, such as Secretary of State
Authority that Congress gives the President to do things
Authority the President claims on his own
Ex...Ordering an Assassination or Freezing someone's assests
What is the salary for the President?
$400,000 a year
Prevents prosecution for a crime or overrides a judgement of a court
Suspends punishment by law
What is the relationship of the President to the military?
The Commander-in-Chief of the Armed Forces. Thus the military is under civilian control
Explain the President's power to make treaties and its relationship with the Senate
The President has powers to make treaties with other nations. However, all treaties must be approved by 2/3 of the State
Explain the President's powers to make nominations to the Supreme Court an it's relation to the Senate
The President appoints ambassadors and other high ranking officials. However, all appointees must be approved by the State
For what reason may the President or other high ranking officials be impeached?
- Any conviction of:
- 1. Bribery
- 2. Treason
- 3. High Crimes
- 4. Misdemeanors
Directives by the President that affect government policy and have the effect of law, even though they are not laws passed by Congress
What are 3 Examples of "Executive Orders"?
1. Executive Order No. 1 - Emancipation Proclamation
2. Executive Order No. 6102 - Prohibiton of Gold Ownership
3. Executive Order No. 8802 - Prohibit Racism in the Defense industry
Consists of the Secretaries, or heads, of each of the federal agencies and departments
Unofficial Advisors of the President
What are the roles that the President plays?
- Opinion Leader
- Head of State
- Head of Government
- Economic Leader
- Party Leader
the body of officials and administrators that make up a governmental department
Name 3 examples of how the Presidency has changed over time.
Assertion of Power:
Woodrow Wilson (1913-1921) - Allows creation of the Federal Central Bank
Franklin Delano Roosevelt (1933-1945) - Abandons domestic gold standard and prohibits private ownership of monetary gold
George W. Bush (2001-2009) - Implements "No Child Left Behind" which brings federal education policy into every school
The Constitution says the U.S. Supreme Court must exist. Which branch is responsible for creating lower level federal courts?
The Judicial Branch
What is the head of the U.S. Supreme Court called? Who is this person?
Chief Justice - John G. Roberts
How many Justices are there currently on the U.S. Supreme Court? How many do there have to be?
9 Justices - Since 1860's the number has been set to 9.
What is the process of becoming a Jusitce of the Supreme Court?
1. The President nominates a canidate
2. The Senate conducts a hearing to approve or deny the nominee
Are there any specific qualifications to become a Supreme Court Justice?
No. The Constitution has no guidelines for becoming a Supreme Court Justice
Why may we say the Supreme Court is the least democratic branch in the Federal Government?
5 out of the 9 Supreme Court Justices were nominated by Republican Presidents
Who is Robert Bork?
- 1. 1987 Nominee of Ronald Regan
- 2. Liberal (Democratic) Senators vowed to fignt any Ronald Regan nominee
- 3. "Bork" was a term which means to ruin or stop a nomination from
Who is Clarence Thomas?
- 1. 1991 Nominee by President George H. W. Bush
- 2. Liberal (Democratic) activist vowed to "Bork" Thomas
- 3. Anita Hill a former assisstant accused him of sexual harassment
- 4. The Senate eventually approved Clarence Thomas 52-48
Why are Robert Bork and Clarence Thomas important in American Judicial history?
They were both example of Notable nominee controversial battles
An important question a judicial nominee may have ot answer which may reveal all or part of the nominee's judicial philosophy.
What are the aspects of Judical Conservatives?
- 1. Strict Constructionist - Letter of the Law
- 2. Originalism - Original Intent
- 3. Against Abortion
- 4. Policies of U.S. should not be influenced by foreign laws
- 5. Strong State/Church relationship
What are the aspects of the Judicial Liberals?
- 1. Loose Constructionist - Spirit of the Law
- 2. Promoting progressive social reform
- 3. Pro-abortion
- 4. Open to Foreign Policy to influence U.S. laws
- 5. Separtion of Church and State
Term which means the Constitution and laws should be applied only as they are written; judges should not make their own personal inferences or be creative when interpreting text.
Term which mean the Constitution is a living document that is open to new interpretation
The power of a court to hear a case where it first arises
It decideds whether the lower courts trials were properly conducted and reviews the lower courts decison
What are the elements of "Criminal Law"?
- 1. Dispute between private persons
- 2. Property dispute between neighbors
- 3. Child custody issues
- 4. Divorce issues
What are elements of "Criminal Law"?
- 1. Violation of Public law
- 2. Innocent till proven guilty
- 3. Trial hearing is inlvolved
- 3. Arson, Assault, Battery
A traitor as an American who wages war aginst the U.S. and gives aid to an enemy
Ther power of the federal courts to tule any congressional and state legislation or other official government action "UNconstitutional" if it violates or is inconsistent with the Constitution
What was President Roosevelt's "court packing" affair all about?
President Roosevelt wanted to appoint more of his own Supreme Court Justices following his relection in 1936. He wanted have a better chance of influencing his New Deal from Judical Review.
Contrast "Plessy vs Ferguson" (1896) and "Brown vs Board of Eductaion (1954)
Plessy vs Ferguson which mantained the law of "Seperate but Equal" a compliment to many of the Jim Crow Laws.
Brown vs Board of Education deemed that "Separate but Equal" was unconstitutional which helped construct "The Civil Rights Act".
Why was the "Miranda vs Arizona" case important?
It illustrated the violation of the 4th Amendment right - right to remain silence and 5th Amendment right - rigth to legal counsel of Ernesto Miranda. Now police must inform an individual of these rights when charging someone for a crime.
What did Justice Douglas mean in his "penumbra" argument in the Supreme Court case "Griswold vs Conneticut?
A penumbra is a certain area of the law that is open to different intepretations. Justice Douglas beleived that even though the Constitution did not specify birth control rights, contraceptive privacy rights are implied and all persons should be protected.
What is significant about the Supreme Court Case "Roe vs Wade"?
The Supreme Court case "Roe vs Wade" made abortion legal and rendered the State anti-abortion laws unconstitutional
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