Home > Flashcards > Print Preview
The flashcards below were created by user
on FreezingBlue Flashcards. What would you like to do?
Prohibits establishment of state religion and protects freedom of press and speech and rights to assemble and petition government
Guarantees right to keep and bear arms in context of state militia
Prohibits stationing of troops in homes without consent
Protects against unreasonable searches and seizures and requires probable cause for search warrants
Establishes grand jury to bring indictments in capital or serious cases, protects against double jeopardy and self-incrimination, and guarantees due process and eminent domain
Guarantees right to speedy trial by an impartial jury in criminal cases, to be informed about charges, and to have representation by counsel
Provides for trial by jury in most civil cases
Prohibits excessive bail or fines and cruel and unusual punishments
Does not deny people any rights not specifically mentioned in Constitution
Gives to states or people powers not granted to Congress or denied to states
How was the Bill of Rights eventually applied to the states?
- The Incorporation Doctrine
- •Barron v. Baltimore (1833); Supreme
- •Court ruled that B.o.R limited only actions of U.S. government and not those of states
An interpretation of Constitution that holds that due process clause of 14th Amendment requires that state and local governments also guarantee those rights
Congress will not create or support an official state church
free exercise clause
Congress will not interfere with practice of religion
Court has made it clear that the government must remain ____ toward religion
Freedoms of Assembly and Petition from 1st Amendment (explain)
- -depends on peaceful conduct
- -most controversial, especially in times of war
- -Supreme Court often arbiter between freedom of people to express dissent and government’s authority to limit controversy in name of national security
provides procedure for electing President and Vice President
Abolishes slavery and involuntary servitude, except as punishment for a crime
Defines citizenship, contains Privileges or Immunities Clause, Due Process Clause, Equal Protection Clause
right of citizens to vote shall not be denied or abridged by US or by any State on account of race, color, or previous condition of servitude
Establishes direct election of United States Senators by popular vote
right of citizens of US to vote shall not be denied or abridged by US or by any State on account of sex
Limits number of times that person can be elected president. A person can't be elected more than twice. Person who has served more than two years of a term to which someone else was elected can't be elected again
right of citizens to vote in any primary or other election for President or Vice, or for Senator or Representative in Congress, shall not be denied by reason of failure to pay any poll tax or other tax
In case of removal of President from office or of his death or resignation, Vice President shall become President (PRESIDENTIAL SUCCESSION)
right of citizens who are 18 years of age or older, to vote shall not be denied on account of age
How was slavery treated in the Constitution? (4 aspects)
- -13th Amendment, 14th Amendment, 15th Amendment
- -Civil Rights Act of 1964
specific examples of Black Code
- -Sitting on juries
- -Appearing in public places
- -If unemployed, blacks faced being arrested and charged with vagrancy
- -Freedom to choose a type of work was regulated
- -Blacks could not live in towns
specific examples of Jim Crow laws
- racial separation of many places, including:
- –restaurants, hotels, public transportation, theatres, restrooms, schools
What methods were used in the South to prevent blacks from voting?
- –Poll taxes
- –Whites-only primaries
- –Grandfather clauses
- –Property owning qualifications
- –Literacy tests
why did southern states enact grandfather clauses
To avoid the intent of the Fifteenth Amendment
- -pass federal laws and law budget, declare war, establish lower federal courts
- -Executive Branch: impeach president, reject or funding president wants
- -Judicial Branch: change number and jurisdiction of federal courts, impeach federal judges, provides amendments to override judicial decisions
- -enforce federal laws, make foreign treaties, pardon ppl convicted
- -Legislative Branch: call Congress into special session, implement laws passed by Congress
- -Judicial Branch: Appoint federal judges, refuse to implement decisions
- -interpret federal laws and US Constitution, review decisions of lower state and federal courts
- -Legislative Branch: Rule federal and state laws unconstitutional
- -Executive Branch: Declare executive branch actions unconstitutional, chief justice presides over impeachment trials
Responsibilities of House of Representatives
- •Initiates revenue bills
- •Draws up impeachment charges
- •Deals with tax policy
- •Chooses President if no candidate wins electoral majority
Responsibilities of Senate
- •Consents on treaties & appointments
- •Tries impeachment cases
- •Deals with foreign policy
- •Chooses VP if no candidate wins electoral majority
What are the Presidential Powers?
- •Power to meet with Congress
- •Power to Make Treaties
- •use executive agreements more than treaties but cannot violate Constitutional provisions
- •Veto Power
Key Differences in Operations of House and Senate
- •More formal
- •Stronger leadership
- •Rules Committee –(control over time and rules)
- •Members highly specialized
- •Less formal
- •Less centralized
- •Weaker leadership
- •Filibuster –(limited only by cloture vote)
- •More personal
Constitutional Differences between House and Senate
- •435 members
- •2 year term
- •100 members
- •6 year term
What factors give incumbents in House and Senate the edge in election campaigns?
name recognition, credit claiming, casework, franking privilege, access to media, ease in fund-raising, experience in running a campaign, redistricting
Removal of a President: Impeachment
- •The House conducts investigation and drafts Articles of Impeachment for “treason, bribery, or high crimes and misdemeanors”
- •Senate tries case with Chief Justice
- •If two-thirds of Senate votes for Articles, president is removed from office
The power and success of the presidency is dependent upon...
- –Personality of person holding office
- –Leadership abilities
- –Powers of persuasion
- –Ability to mobilize public opinion to support his actions
- –Public perception of his performance
- –timing of events
What roles did George Washington play in the presidential power expansion?
- –Established primacy of national government
- –Claimed inherent power of presidency
What roles did Abraham Lincoln play in the presidential power expansion?
-argued that the inherent powers of his office allowed him to circumvent the constitution in a time of war or national crisis
What roles did Franklin Roosevelt play in the presidential power expansion?
- •claimed leadership and agenda-setting power for president and got it
- •shifted president’s powers into a law- and policy making role
Who was the first President to issue an executive order?
Are executive agreements and orders mentioned in the Constitution?
Source of Authority for Executive Orders
- –(Article II, Section 1) grants President “executive powers.”
- –(Article II, Section 3) directs President to “take care that laws are faithfully executed”
Why did Alexander Hamilton in Federalist Paper #78 say that the judiciary would be “the least dangerous branch” of the American
court cannot force compliance with its rulings nor fund programs
What are the roots of the federal judiciary?
- -Framers gave federal judges tenure for life “with good behavior
- -Hamilton argued “independence of judges” was needed to guard Constitution and rights of individuals
Article III of the Constitution establishes
- –Supreme Court in which judicial power of US is vested
- –lower courts as Congress may choose to establish
- –original jurisdiction of Supreme Court
Among Marshall’s reforms in the Marshall Court
- –Delivery of single court decision rather than opinions of individual justices
- –Established principle of Judicial Review in Marbury v. Madison
- –Decided cases that assured that Court was final arbiter of constitutionality
- –Enforced authority of SC to declare state laws unconstitutional
What areas are within the original jurisdiction of the U.S. Supreme Court?
- •Two or more states
- •Maritime issues
- –Four % of the Supreme Court’s caseload
How many filings does the Supreme Court receive each year? How many cases does the Court hear?
- •About 9,000 request annually to hear cases
- •Hears only 75-95 cases yearly
How many of those cases come under the Court’s original jurisdiction and how many are within its appellate jurisdiction?
- •2-6 cases only are original jurisdiction cases
- –96% of Supreme Court’s caseload
What are the most important duties of the Chief Justice?
- –Impeachment Trials: Presides over impeachment trials of President
- –Seniority: Chairs weekly conference where cases are discussed and voted on by the Justices
What does Chief Justice John Roberts consider to be his most important job on the Supreme Court?
assigning opinions, once the votes are in
Cases with certain characteristics are more likely to be heard
- •involve federal government as a party
- •presenting federal question based on claim under Constitution
- •involving civil suits in which citizens are from different states
- •Unresolved cases can be heard by Courts of Appeals and then Supreme Court
What are the two types of filing petitions in the
Writ of Certiorari and In forma pauperis
What occurs in the weekly conference?
- -Friday Conference (weekly); secret
- •Once petition accepted, schedules oral arguments
- •2/3rds (6) of justices must be present
- •30 min argument given by one lawyer on each side
- •After oral argument Justices
- •Most senior Justice (majority) assigns task of writing majority opinion. Majority opinion speaks for final decision of Court
- •Most senior Justice (minority) decides who will write dissenting decision
What other legal and extra-legal factors play a role in how judges make decisions?
- Legal: Judicial Philosophy and Precedent
- Extra-legal: behavioral characteristics, ideology, attitudinal model, and public opinion
Who nominates federal court justices and who confirms them?
Judges are nominated by President and confirmed by Senate
Typically federal judges have...
- –held previous political office such as prosecutor/state court judge
- –political experience such as running campaign
- –prior judicial experience
- –traditionally been mostly white males
- –been lawyers
What are the important criteria for federal judges?
- -No constitutional qualifications
- -Ideology/Policy Preferences
- -Pursuit of Political Support
- -Race and gender
What did President Obama say was important in the Supreme Court Justice that he was nominated?
- •Rigorous intellect, mastery of law, ability to hone in on key issues, and provide clear answers to complex legal questions
- •Recognition of limits of judicial role
one in which voters decide which of the candidates within a party will represent party in general election
What types of primary elections exist?
closed, open, blanket, and runoff
one in which voters decide which candidate will actually fill elective public office
What is the total number of electors in the Electoral College and how many electoral votes are required to win the presidency?
538 electoral votes, majority of 270 wins the presidency
How is the number of electors from each state
The number of electors is determined by the federal representation for each state
What is the process for choosing electors?
- •On Election Day, voters in each state
- cast their ballot for slate of electors
•slate of electors for presidential ticket that receives most votes is appointed
- •candidate needs to win a majority of electoral votes- 270
- •December, the electors cast their ballots for president & vice president
- •Votes are counted at joint session of Congress
What were the results of the 2012 presidential
election in the Electoral College?
- –Barack Obama – 330 Votes
- –Mitt Romney – 206 Votes
What is the incumbency advantage and how is it achieved?
- electoral edge afforded to those already in office achieved through:
- •Higher visibility, Experience, Organization, Fund-raising ability
Re-election rates for incumbent House members is....
Campaigns for the presidency as well as Congress are very expensive. How much do the average House and Senate races cost in 2012?
House races can cost over $5 million, Senate races can cost more than $10 million
How much was spent in the presidential races of both Barack Obama and Mitt Romney?
Where does the money come from for a political campaign?
Most political money (except Super PACS) is regulated by federal government under Federal Elections Campaign Act of 1971, 1974, and 1976
How much can an individual give to a candidates political campaign?
- -maximum of $47,500 in gifts to all candidates combined each year per two-year cycle
- -up to $78,800 to all PACs and parties each year
Who do Political Action Committees (PACs) give their money to?
national parties and congressional candidates
What is the Presidential Election Campaign Fund and how does it work?
- -Public funds; donations from tax revenues to campaigns of qualifying candidates
- -Only presidential candidates receive public funds
- -Candidates can apply for federal matching funds for every dollar raised from individuals in amounts less that $251
In what Supreme Court case was the limits on personal spending in campaigns struck down?
Citizens United v. Federal Election Commission (2010)
Are most of the Super PAC funds spent to support candidates or to oppose candidates?
They may raise and spend unlimited sums to overtly advocate for or against political candidates
How much more money was spent by Super PACs to support Romney than to support Obama?
- –Mitt Romney (R) $25.1 M
- –Barack Obama (D) $18.1 M
How frequently do people in the US vote?
What are some of the reasons people give for not voting on election day?
too busy, illness/emergency, not interested, out of town, didn't like candidates
- •Income: higher incomes; higher tendency to vote
- •Age: older vote more often than younger
- •Gender: women, higher tendency to vote for Democrats
- •Race: whites tend to vote more than African-Americans
- •Education: No College Degree, some college, postgraduate (Dem) & college for Rep
- •Religion: Jewish vote more for Dem, Protestant for Rep
- •Location: Northeast for Dem, South for Rep
- •Marital Status: married for Rep, single for Dem
- •Ideology: Liberal for Dem, Conservative for Rep
What the roots of the American party system?
- -Hamilton and Jefferson, as heads of Federalist and Anti-Federalist groups are often considered “fathers” of modern party system
- -South went for Democrats, North went for Republicans
Who was the first president to be elected as a nominee of a popularly based political party?
In what year were the two parties clearly established and using the names that they have today, Republican and Democrat?
What was the role of the two political parties in the years 1870 to 1920?
They helped new immigrants settle in, provided jobs, social services, community events, and gave food and housing to the poor
In 1920’s through 1950 the role of party declined. What were some of factors involved?
- -flow of immigrants
- -government taking over important functions
- -World War II
What are the functions of the American party system?
- -to resolve political and social conflicts
- -Mobilizing Support and Gathering Power
- -Force for Stability (moderate public opinion)
- -recruit candidates for political office
- -provide organization, money, and people to run election campaigns
- -Policy Formulation and Promotion
Why do third parties arise?
- –Sectionalism (Dixiecrats)
- –Economic protest: Believed government should work on behalf of common people
- –Specific issues: Green Party and Environment
- –Ideology: Socialists, Communists
- –Charismatic personalities
- –Failures of major parties
Why do third parties tend to remain minor?
- •Electoral system
- •Dem & Rep in state legislatures protect their interests; automatic place on ballot
- •Legislatures are organized on party basis and aim to perpetuate that arrangement
- •generous public funding of campaigns
- •News media tendencies
- •Voter behavior
- •Can’t win syndrome
- •State laws
What is the current Tea Party Movement?
•driven by: Growing federal government, Rapidly expanding budget, Rapidly growing debt
What beliefs drive this movement?
- -more concerned about shaping people’s attitudes about where country is going than being involved in political campaigns
- -no: actual “Tea Party”, single leader, party structure, defining issue
Who is the Tea Party?
- -1500 adults throughout U.S. including 881 who said they were supporters
- Demographics: men (59%), white (89%), age 45+ (75%), college students (37%)
Key beliefs of Tea Party
Tea Party will help the Republicans
5 Main Functions of Interest Groups
- -To give voice to public
- –To give members sense of political power through participation
- –To inform and educate public concerning their issues
- –To give focus to issues that are often ignored
- –To assess effectiveness of government programs
What do Interest Groups do?
-lobbying or seeking to influence and persuade others to support your group's position
What are lobbyists and what do they do?
- someone whose task it is to influence legislation or policy-making
- -Inside lobbying refers to appeals directly to lawmakers and legislative staffs
- -Outside lobbying is attempt to influence decision makers indirectly
What are some of the techniques used by lobbyists to influence Congress?
- -Direct Techniques: Lobbying; private
- meetings, drafting legislation, Donating $
- -Indirect Techniques: Generating Public Pressure
What are some of the techniques used by lobbyists for Executive Branch?
-to try to influence policy at formulation and implementation stages of process
What are some of the techniques used by lobbyists for Courts?
- -Many court cases are either sponsored by an interest group
- -also attempt to influence judicial appoints seeking judges who might be sympathetic
- to their issues
What techniques are used with the general public?
- •Interest groups mobilize individuals at grassroots through door-to-door campaigns or petition drives
- •Automated telephone calls and Internet lobbying are popular
What makes an interest group successful?
- (There is no one thing that makes an interest group successful)
- –If goal is to affect policy-making, access to policy makers is critical
- –Reliable information
- –Leadership Skills and Prestige
- –Power in numbers
- –Group Unity
- –Money: more success; funding critical
- –Groups defending status quo more successful
How much money did interest groups spend in 2012 trying to influence the government?
How many registered lobbyists were there in the U.S. in 2012?
$3.30 Billion, 12,389 lobbyists
Congress has passed several laws curtailing the activities of lobbyists. How is a lobbyist, who works with Congress, defined?
- Lobbying Disclosure Act 1995
- -registers with Clerk of House, report clients and issues and agency they lobbied, and estimate amount they're paid by each client
What does the term “revolving door” refer to? How did the 1978 Ethics in Government Act try
to curtail that revolving door?
government-to-industry, government-to-lobbying and industry-to-government
What are main requirements of Honest Leadership and Open Government Act of 2007?
- –Strengthens public disclosure requirements concerning lobbying activity and funding
- –Places more restrictions on gifts for members of Congress and their staffs
- –Provisions for mandatory disclosure of earmarks or expenditure bills