American Politics and the US Constitution - C963 WGU Correctly Solved 2023

American Politics and the US Constitution - C963 WGU Correctly Solved 2023 natrual rights ->>Life, Liberty, and Property John Locke ->>17th century English philosopher who opposed the Divine Right of Kings and who asserted that people have a natural right to life, liberty, and property. State of Nature ->>Hypothetical condition assumed to exist in the absence of government where human beings live in "complete" freedom and general equality. Due Process ->>involves the government's obligation to treat all citizens fairly. Such a requirement lessens the extent to which government power can be exercised over the individual, making the power differential between the two more fair, and ensuring a general sense of political equality Social Contract ->>A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules. Thomas Hobbes () ->>One of the first individuals to contribute to the idea of the social contract was a pre-Enlightenment English philosopher Leviathan (1651): Thomas Hobbes ->>Hobbes argues that society is not something natural and immutable, but rather it is something created by us. Labor Movement ->>the formation of labor unions, during the 1880's, for the workers to receive better treatment by Constitution ->>A document which spells out the principles by which a government runs and the fundamental laws that govern a society Bill of Rights ->>The first ten amendments to the Constitution Declaration of Independence ->>the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain Thomas Jefferson ->>Wrote the Declaration of Independence Shays's Rebellion () ->>which almost resulted in potential mob rule, suggested there might be too much democracy at play, and that maybe individual liberty was going too far Articles of Confederation ->>A weak constitution that governed America during the Revolutionary War. Federalist no. 51 ->>Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group. First Amendment ->>Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. Second Amendment ->>Right to keep and bear arms Third Amendment ->>The government may not house soldiers in private homes without consent of the owner Forth Amendment ->>It protects people against unfair searches of their homes; search and seizure. Fifth Amendment ->>A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law. Sixth Amendment ->>Right to a speedy and public trial Seventh Amendment ->>Right to a trial by jury in civil cases Eighth Amendment ->>No cruel and unusual punishment Nineth Amendment ->>peoples rights are not just limited to those listed in the Constitution and Bill of Rights Tenth Amendment ->>Amendment stating that the powers not delegated to the federal gov. are reserved to the states bicameral legislature ->>A law making body made of two houses (bi means 2). Example: Congress (our legislature) is made of two house - The House of Representatives and The Senate. House of Representatives ->>the lower house of Congress, consisting of a different number of representatives from each state, depending on population New Jersey Plan ->>Proposal to create a weak national government Virginia Plan ->>Proposal to create a strong national government Constitutional Convention ->>Meeting in 1787 of the elected representatives of the thirteen original states to write the Constitution of the United States. unicameral legislature ->>One-house legislature Three-Fifths Compromise ->>Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment) Checks and Balances ->>A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power Separation of Powers ->>Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law federal system ->>A government that divides the powers of government between the national government and state or provincial governments enumerated powers ->>The powers explicitly given to Congress in the Constitution. reserved powers ->>Powers given to the state government alone Federalists ->>Supporters of the Constitution that were led by Alexander Hamilton and John Adams. They firmly believed the national government should be strong. They didn't want the Bill of Rights because they felt citizens' rights were already well protected by the Constitution. Anti-Federalists ->>Opponents of the American Constitution at the time when the states were contemplating its adoption. Ratification ->>Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty Republic ->>A form of government in which citizens choose their leaders by voting Habeas Corpus ->>Constitutional protection against unlawful imprisonment Federalist Papers ->>A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail. Federalist No. 10 ->>An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable. Legislative Branch (Congress) ->>makes laws, imposes taxes, and declares war Judicial Branch (Supreme Court) ->>interprets the constitution and other laws, reviews lower-court decisions Executive Branch (President) ->>has the power to enforce the law Executive Orders ->>Formal orders issued by the president to direct action by the federal bureaucracy. checks on the executive branch ->>By Congress Can override a presidential veto by a two-thirds vote in both chambers Must approve treaties by a two-thirds vote in the Senate Control of funding activities of the executive branch Presidential nominees must be approved by the Senate Only Congress can declare war House can impeach the president or vice president and the Senate can remove them by a two-thirds vote By Judiciary Can overturn actions of the president with judicial review if the actions violate the Constitution Serve during good behavior to maintain independence of judiciary Checks on Congress ->>By President Can veto legislation Can use executive agreements Can use executive orders Negotiates treaties (not Congress) By Judiciary Can overturn acts of Congress as unconstitutional if they violate the law Can influence laws by interpretation Serve during good behavior to maintain independence of judiciary Checks on Judiciary ->>By President Nominates judges Power of pardon By Congress Senate must approve judges and justices Controls jurisdiction of the courts Determines size of Supreme Court House can impeach judges and Senate can remove them by two-thirds vote federalist system ->>political powers are divided between national and state levels in an effort to avoid concentrating control in the hands of one person Equal Rights Amendment (ERA) ->>Proposed the 27th Amendment, calling for equal rights for both sexes. Defeated in the House in 1972. Fifteenth Amendment ->>The constitutional amendment adopted in 1870 to extend suffrage to African Americans. Nineteenth Amendment ->>The constitutional amendment adopted in 1920 that guarantees women the right to vote. Twenty-sixth Amendment ->>Changed the legal voting age from 21 to 18. Defense of Marriage Act (DOMA) ->>(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage Obergefell v. Hodges (2015) ->>Struck down state bans on same sex marriage. The 14th Amendment requires States to license a marriage between two people of the same sex. States must recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. (Roberts Court) 14th Amendment ->>Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws Advantages of Federalism ->>checks growth of tyranny, allows unity without uniformity, encourages experimentation, provides training and creates opportunities for future national leaders, keeps government closer to the people Disadvantages of Federalism ->>lack of consistency, inefficiency, bureaucracy Affordable Care Act of 2010 ->>requires an organization with 50 or more employees to make health insurance available to employees or pay an assessment and gives employees the right to buy health insurance from another provider if an organization's health insurance is too expensive Inherent Powers of the President ->>Powers that belong to the president because they can be inferred from the Constitution Veto ->>Chief executive's power to reject a bill passed by a legislature Power of the Purse ->>Constitutional power given to Congress to raise and spend money oversight ->>the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies implied powers ->>Powers not specifically mentioned in the constitution Marbury v. Madison (1803) ->>Established judicial review United States v. Lopez (1995) ->>Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime Sixteenth Amendment (1913) ->>Gave Congress the power to collect taxes on people's income discretionary spending ->>spending about which Congress is free to make choices budget resolution ->>A resolution binding Congress to a total expenditure level, supposedly the bottom line of all federal spending for all programs. pork barrel spending ->>The appropriation of government spending for projects that are intended primarily to benefit particular constituents, such as those in marginal seats or campaign contributors. Line Item Veto Act of 1996 ->>an executive's ability to block a particular provision in a bill passed by the legislature Interstate Commerce Clause ->>The constitutional provision permitting Congress to regulate trade among the states Legal Tender Act of 1862 ->>A currency backed only by the federal government's word. It allowed the government to print greenbacks and inflate the pool of available currency without having to have an equivalent amount of gold and silver. The greenback was popular among American farmers and debtors as it was cheaper to pay back loans with a cheaper currency. Federalist No. 69 ->>Theme: Presidential Power Focus:Powers of the executive and their meaning, compares presidency to governorship v. king The "real character of the proposed executive" is revealed in terms of the organization and powers tests. The tests are 1) "single magistrate," 2) "four years; and is to be re-eligible," 3) impeachment and removal from office, 4) "qualified negative of the Presidency," 5) "occasional... commander-in-chief" power which "would amount to nothing more than the supreme command and direction" of the armed forces, 6) power to pardon, 7) power to "adjourn the legislature," 8) with the "advice and consent of the Senate, to make treaties," 9) power to "receive ambassadors and public ministers," 10) "the power to nominate and appoint." advice and consent ->>Terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments. Impeachment ->>A formal document charging a public official with misconduct in office Supermajority ->>a majority greater than a simple majority of one over half, e.g., 3/5, 2/3. Filibuster ->>A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue. majority party ->>the party that holds the majority of legislative seats in either the House or the Senate minority party ->>In both the House of Representatives and the Senate, the political party to which fewer than half the members belong Speaker of the House ->>An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant. majority leader ->>the legislative leader elected by party members holding the majority of seats in the House or Senate minority leader ->>The principal leader of the minority party in the House of Representatives or in the Senate. Majority Whip ->>a go-between with the majority leadership and party members in the house of representatives Minority Whip ->>a go-between with the minority leadership whose job mirrors that of the majority whip but without the power that comes from holding a majority in the House of Representatives President Pro Tempore ->>Officer of the Senate selected by the majority party to act as chair in the absence of the vice president standing committee ->>A permanent committee established in a legislature, usually focusing on a policy area select committees aka special committees ->>Congressional committees appointed for a specific purpose, such as the Watergate investigation. Conference committees are ->>temporary, involve members from both houses of Congress, and are charged with reaching a compromise on legislation once it has been passed by both the House and the Senate. Rules Committee ->>A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the house. 1957 Civil Rights Bill ->>Bill passed by LBJ that helped begin first steps towards Civil Rights movement. Gerrymandering ->>Process of redrawing legislative boundaries for the purpose of benefiting the party in power. Redistricting ->>The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population. Reapportionment ->>the process of reassigning representation based on population, after every census Baker v. Carr (1962) ->>"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism. Miller v. Johnson (1995) ->>States cannot draw congressional districts in which race is the primary consideration. Shaw v. Reno (1993) ->>NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. Cooper v. Harris (2017) ->>when the Supreme Court rejected electoral districts created in North Carolina because it believed that the state legislature had relied too heavily on race when creating their electoral districts Twelfth Amendment (1804) ->>Required a separate vote tally in the Electoral College for president and vice president. This change made running on a party ticket much easier. Twenty-second Amendment (1951) ->>Limited the number of years an individual may serve as president. According to the Twenty-second Amendment, a president may be elected no more than twice. Budget Act of 1921 ->>Enhanced the President's legislative role by requiring the President to submit an annual federal government budget to Congress for it's consideration, accompanied by a budget message setting out the president's rationale and justifications. executive memorandum ->>a less powerful formal order to an agency or agencies, that does not carry the force of law, to undertake a particular course of action original jurisdiction ->>The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. appellate jurisdiction ->>The authority of a court to review decisions made by lower courts Federalist No. 78, Brutus essays ->>written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions Chisolm v. Georgia (1793) ->>citizens of one state have the right to sue another state in federal court Judiciary Act of 1789 ->>In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures. Gibbons v. Ogden (1824) ->>The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers. Burwell v. Hobby Lobby (2014) ->>for religious reasons, some for-profit corporations could be exempt from the requirement that employers provide insurance coverage of contraceptives for their female employees King v. Burwell (2015) ->>Individuals using both the state-run and federally-run health insurance exchanges may receive health insurance subsidies from the federal government. Brown v. Board of Education (1954) ->>unanimously held that the racial segregation of children in public schools violated the Equal Protection Clause of the 14th Amendment. Brown claimed that Topeka's racial segregation violated the Constitution's Equal Protection Clause because the city's black and white schools were not equal to each other and never could be. Overruled Plessy v. Ferguson's "separate but equal" doctrine and would eventually led to the desegregation of schools across the South McCulloch v. Maryland (1819) ->>the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers Roe v. Wade (1973) ->>Abortion rights fall within the privacy implied in the 14th amendment Miranda v. Arizona (1966) ->>The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent. State Courts ->>Hear most day-to-day cases, covering 90 percent of all cases,Hear both civil and criminal matters,Help the states retain their own sovereignty in judicial matters over their state laws, distinct from the national government Barron v. Baltimore (1833) ->>The guarantee in the 5th Amendment that private property shall not be taken "for public use, without just compensation" is not applicable to state governments as well as the federal government. Federal Courts ->>Hear cases that involve a "federal question," involving the Constitution, federal laws or treaties, or a "federal party" in which the U.S. government is a party to the case,Hear both civil and criminal matters, although many criminal cases involving federal law are tried in state courts Hear cases that involve "interstate" matters, "diversity of citizenship" involving parties of two different states, or between a U.S. citizen and a citizen of another nation (and with a damage claim of at least $75,000) expressed powers ->>powers directly stated in the constitution Elastic Clause ->>Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution. concurrent powers ->>Powers held jointly by the national and state governments. Full Faith and Credit Clause ->>Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state Privileges and Immunities Clause ->>prevents a state from treating citizens of other states in a discriminatory manner. U.S. Term Limits v. Thornton (1995) ->>States cannot set term limits on members of Congress issue advocacy ads ->>ads that focus on issues and do not explicitly encourage citizens to vote for a certain candidate general election ->>An election held to choose which candidate will hold office Citizens United v. Federal Election Commission ->>A 2010 landmark Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures. Super PACs ->>Independent expenditure-only PACs are known as Super PACs because they may accept donations of any size and can endorse candidates. Their contributions and expenditures must be periodically reported to the FEC. PACs (Political Action Committees) ->>A committee set up by a corporation, labor union, or interest group that raises and spends campaign money from voluntary donations Electoral votes needed to win ->>270 out of 538 Caucus ->>A meeting of local party members to choose party officials or candidates for public office and to decide the platform. "King Caucus" refers to ->>the use of each party's congressional caucus to nominate presidential candidates during the early nineteenth century. Electors ->>people elected by the voters in a presedential election as members of the electoral college Primaries vs. Caucuses ->>Primary- more democratic + representative Caucus- participants more informed + more interactive brokered convention ->>no candidate gets a majority of delegates, leaving party elites to pick a nominee Interest groups are ->>organizations that seek to influence government in order to achieve some or all of their goals. Lobbyist ->>A person who is employed by and acts for an organized interest group or corporation to try to influence policy decisions and positions in the executive and legislative branches. legislative liaison ->>executive personnel who work with members of Congress to secure their support in getting a president's legislation passed inside lobbying ->>activities by lobbyists and interest group leaders that involve direct contact with policy makers outside lobbying ->>A form of lobbying in which an interest group seeks to use public pressure as a means of influencing officials. Twenty-fourth Amendment ->>The constitutional amendment passed in 1964 that declared poll taxes void in federal elections. Amicus briefs are ->>known as "friend of the court" briefs literacy tests, poll taxes, grandfather clauses ->>loopholes in amendments 13-15 that kept blacks from voting in southern states National Voter Registration Act of 1993 ->>this act passed in 1993 and frequently called the "Motor Vehicle Act" is a piece of legislation that includes a provision that makes it possible to register to vote when applying for or renewing your drivers license. Fifteenth Amendment (1870) ->>One of the Reconstruction Amendments *Provisions:* Prohibited the government from using a citizen's race, color, or previous status as a slave as a voting qualification. Nineteenth Amendment (1920) ->>granted women the right to vote; its ratification capped a movement for women's rights that dated to the Seneca Falls Convention of 1848. Although women were voting in state elections in 12 states when the amendment passed, it enabled 8 million women to vote in the presidential election of 1920. Twenty-fourth Amendment (1964) ->>It outlawed taxing voters, i.e. poll taxes, at presidential or congressional elections, as an effort to remove barriers to Black voters. Breedlove v. Suttles (1937) ->>The Supreme Court upheld poll taxes as constitutional in the 1937 case Twenty-sixth Amendment (1971) ->>Lowered the voting age from 21 to 18 voting-eligible population (VEP) ->>citizens who have reached the minimum age to be eligible to vote, excluding those who are not legally permitted to cast a ballot compulsory voting laws ->>require citizens to vote in elections or pay a fine. Shelby County v. Holder, 2013 (5-4 decision) ->>States and localities do not need federal approval to change voting laws. ballot fatigue ->>the phenomenon by which voters cast fewer votes for offices listed toward the bottom of the ballot retrospective voting ->>voting for a candidate because you like his or her past actions in office prospective voting ->>voting for a candidate because you favor his or her ideas for handling issues equal treatment ->>For our courts to be fair, judges must be impartial -- that is, they may not favor either side in a case. The goal of our courts is to provide equal treatment to all people, regardless of their wealth, position, race, gender, religion, ethnic background or physical disability. Gray v. Sanders (1963) ->>one person, one vote Thirteenth Amendment (1865) ->>abolished slavery Fourteenth Amendment (1868) ->>granted citizenship to any person born or naturalized in the United States; this amendment protects citizens from abuses by state governments, and ensures due process and equal protection of the law. It overrode the Dred Scott decision. Minor vs. Happersett (1875) ->>A woman suffragist sued the official who had not allowed her to vote. The Supreme Court ruled that, while the woman was a citizen, voting was not a right but a privilege bestowed by the federal government on those who could be trusted to use it wisely. After this decision, NWSA began advocating a separate constitutional amendment, modeled on the Fifteenth, to bar disfranchisement "on the grounds of sex." This wording would eventually go into the Nineteenth Amendment. Civil Rights Act of 1964 ->>outlawed discrimination based on race, color, religion, sex, or national origin Civil Rights Act of 1957 ->>1957 *First civil rights act since Reconstruction *Stimulated by Brown v. Board of Edu. of Topeka and civil rights activism *Created a panel to ensure that voting rights of African Americans were not violated Fair Housing Act (Title VIII of the Civil Rights Act of 1968) ->>This law requires equal housing opportunities regardless of race, religion, or national origin. Section 504 of the Rehabilitation Act of 1973 ->>Extends civil rights to people with disabilities Americans with Disabilities Act (ADA) ->>Legislation passed in 1990 that prohibits discrimination against people with disabilities. Under this Act, discrimination against a disabled person is illegal in employment, transportation, public accommodations, communications and government activities. Equal Pay Act of 1963 (EPA) ->>A federal law requiring that employers provide equal pay for men and women who do similar work in the same workplace. Title VII of the Civil Rights Act of 1964 ->>Forbids discrimination on the basis of sex, race, color, religion, or national origin in all areas of the employment relationship Title IX of the Education Amendments of 1972 ->>A provision of the 1972 Educational Amendments that prohibits sex discrimination in any educational program receiving federal financial assistance. Pregnancy Discrimination Act of 1978 ->>Treats discrimination based on pregnancy-related conditions as illegal sex discrimination Craig v. Boren (1976) ->>Gender discrimination can only be justified if it serves "important governmental objectives" and be "substantially related to those objectives" Mississippi University for Women v. Hogan (1982) ->>held that single-sex admissions policy of the Mississippi University for Women violated the Equal Protection Clause of the 14th amendment Automobile Workers v Johnson Controls, Inc (1977) ->>USSC: "Decisions about the welfare of the next generation must be left to the parents who conceive, bear, support, and raise them, rather than to the employers who hire those parents" United States v. Virginia (1996) ->>Under the 14th Amendment's Equal Protection Clause the Court held that Virginia Military Institute's male-only admissions policy was unconstitutional. Korematsu v. United States (1944) ->>Upheld the constitutionality of the relocation of Japanese Americans as a wartime necessity. Viewed by contemporary scholars as a flagrant violation of civil liberties. Griswold v. Connecticut (1965) ->>Found a "right to privacy" in the Constitution that would ban any state law against selling contraceptives City of Boerne v. Flores (1997) ->>Congress CANNOT pass laws that restrict church building Plessy v. Ferguson (1896) ->>Legalized segregation in publicly owned facilities on the basis of "separate but equal." Browder v. Gayle (1956) ->>Court ruled that segregation on buses was unconstitutional Harper v. Virginia State Board of Elections (1966) ->>forbade requiring poll taxes in state elections, blacks regained the opportunity to participate in the American political system Loving v. Virginia, 1967 (9-0 decision) ->>Invalidated state laws prohibiting interracial marriage. Jones v. Mayer Co. (1968) ->>Racial discrimination in the public or private sale or rental of property is against federal law Shelby County v. Holder (2013) ->>Struck down provision of Voting Rights Act of 1965 requiring states engaged in past discrimination to get federal preclearance before instituting changes in voting laws or practices; allowed restrictive state voter ID laws to go forward (Roberts Court) Brandenburg v. Ohio (1969) ->>speech that does not call for illegal action is protected, and even speech that does call for illegal action is protected if the action is not "imminent" or there is reason to believe that the listeners will not take action Tinker v. Des Moines Independent Community School District ->>The Court has since expanded the definition of speech to include symbolic acts, such as wearing black armbands in protest of the Vietnam War Texas v. Johnson (1989) ->>Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment. District of Columbia v. Heller (2008) ->>Ruled the 2nd Amendment protects an individual's right to possess a firearm for lawful, private use (Roberts Court) McDonald v. City of Chicago (2010) ->>The Supreme Court ruled that the 2nd Amendment applies to the states. Gideon v. Wainwright (1963) ->>Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay. Mapp v. Ohio (1961) ->>Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court's judicial activism. Weeks v. United States (1914) ->>Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court. exclusionary rule ->>improperly gathered evidence may not be introduced in a criminal trial statutory rights ->>Rights based on laws or statutes passed by federal, state, or local governments. United States v. Bajakajian ->>This is a case about excessive fines. Defendant failed to report leaving the country with $350,000 and the US seized it all. Held to be accessive. Trop v. Dulles (1958) ->>Court ruled that stripping away a natural-born citizen's citizenship is considered cruel and unusual punishment. Coker v. Georgia (1977) ->>Court outlawed the use of the death penalty for rape or any other crime that did not result in the death of another person Atkins v. Virginia (2002) ->>execution of developmentally disabled offenders is unconstitutional Roper v. Simmons (2005) ->>Execution of offenders for crimes committed while under the age of 18 is unconstitutional Unites States v. Cruikshank ->>The foundations of the anti-terrorist campaign came into question in this court case in 1876. The Supreme Court decided that the federal government had exceeded its authority under the Fourteenth amendment. It was the states' responsibility. United States v. Miller ->>1939; ruled that the National Firearms Act of 1934 was constitutional, allowing federal govt to ban interstate shipping of some unregistered guns (because it was unrelated to state militias) Which statement describes characteristics of a social contract ->>A collective expression of a collectively shared interest A specification of natural rights A definition of human nature In what way is the state of nature important for constructing a social contract? ->>The state of nature gives definition to natural rights. The state of nature gives definition to what it means to be human. What is the purpose of a social contract? ->>To acknowledge and protect natural rights What is an important weakness of a social contract ->>Social contracts require consensus. Which statements are true about natural rights? ->>They let you do what you need to survive and be secure. They impart an equality of being among all people. Which statements are true concerning the state of nature? ->>Permits a philosophical definition of human nature. Is a thought experiment upon which a definition of proper society and government are built What conditions are required for a social contract to work? ->>Uniformity of ability and purpose among those who agree to the social contract Consensus among those whom the social contract applies to Which of these describes the theory of the social contract? ->>Society is not natural, but created by the people. What are social contracts constructed to be compatible with? ->>Human Nature and Natural Rights Which was designed with a concern for the tyranny of factional majority? ->>The Constitution What is the Enlightenment? ->>The source of our ideas about natural rights A period of Western European history following the Middle Ages. Why does the Enlightenment influence American politics and government? ->>The colonists have a long history of self-government, consistent with the Enlightenment's ideas about government by consent. Those immigrating to the American colonies are attracted to the Enlightenment's ideas of liberty and property. Ideas of the Enlightenment frame the colonists' response to British violations of natural rights. How do conflicting ideas of the Enlightenment influence American government and politics? ->>The conflict between popular government and the separation of powers creates an ideal balance of interests. he protection of private property can interfere with the government's dealing with important social needs. Which ideas are embodied in the Declaration of Independence? ->>The natural rights of life, liberty, and pursuit of happiness The idea that governments are created by people to protect their natural rights In what key ways does the Constitution differ from the Declaration of Independence? ->>The Constitution makes justice more important than liberty. The Constitution is more concerned with controlling rather than expressing the popular will. What type of rights are contained in Bill of Rights? ->>The Bill of Rights contains natural rights. The Bill of Rights contains procedural rights. The Constitution's first three articles create separate legislative, executive and judicial branches, is consistent with: ->>Montesquieu's theory for the separation of political power. The Constitution's demotion of liberty, and lack of protections for natural rights, suggests the framers were what? ->>More interested in the practicalities of government. Which system of government allows states to retain most of their power and authority while delegating few defined powers to the national government? ->>A confederation Why did the Articles of Confederation fail? ->>The Articles limited the powers of the national government too much, making it weak and ineffective. The Articles gave the states too much authority. Why was it so difficult to change the Articles of Confederation? ->>The Articles of Confederation required unanimous consent by all the states for any changes Which of these are powers of the national government under the Articles of Confederation? ->>The power to declare war Why were foreign governments reluctant to loan money to the United States during the time of the Articles of Confederation? ->>Since the national government lacked the ability to tax its citizens, foreign governments feared that the national government would not be able to repay the loans. What was a major weakness of the Articles of Confederation? ->>Congress could not enlist men for a national army. Why did the Articles of Confederation provide for such a weak national government? ->>The colonists/citizens of the United States were afraid of a strong central government. What was one reason why it was necessary to replace the Articles of Confederation? ->>The United States lacked the military forces to defend the new country. What powers did the national government have under the Articles of Confederation? ->>The power to settle disputes among different states The power to borrow and coin money The power to declare war After the Articles of Confederation went into effect, how was the British government able to continue impacting what would happen in the United States? ->>The British government was able to put pressure on the states through its occupation of land west of the United States. The British government could refuse to accept the currency of the United States as a means to pay off any lingering debts. The British government was able to form individual relationships with the states. Ultimately, why did the Articles of Confederation fail? ->>It weakened the economy of the United States. It harmed the international reputation of the United States. It weakened the powers of the national government too much. The power to draft soldiers under the Articles of Confederation required the national government to do which of the following? ->>Appoint senior officials Ask each state to send troops any time they wanted to engage in war How did the inability to regulate trade among the states prove to be a weakness for the United States? ->>The national government had no power to regulate the price of goods. Many local farmers and business owners could not survive in the economy under the Articles of Confederation. The inability to regulate trade allowed the states to make their own agreements with other countries without the national government's knowing. Why was the inability of the national government to tax a weakness of the Articles of Confederation? ->>Foreign countries did not want to lend or trade with the national government. Being unable to tax often left the national government underfunded. The currency of the United States became worthless. What best describes the differences between the Virginia and New Jersey Plans in the role of federal and state sovereignty? ->>Supporters of the New Jersey Plan advocated for states to retain power over the national government while supporters of the Virginia Plan wanted the national government to legislate for the states and even veto laws passed by state legislatures. Supporters of the New Jersey Plan believed that the states were best suited to represent the needs of the citizens while supporters of the Virginia Plan believed that effective representation could happen at the national level. Which plan for representation in the national legislature advocated for the voice of less populous states? ->>The New Jersey Plan Which plan for representation argued for greater representation for the more populous states? ->>The Virginia Plan What best describes the ideas and beliefs of federal and state sovereignty in the Virginia Plan? ->>Supporters of the Virginia Plan believed that a strong national government was vital to the success of the United States. The Virginia Plan not only sought to give more representation to populous states, it also advocated for a national government that would legislate for the states. The motivation for those who introduced and promoted the Virginia Plan was: ->>To shift more power to the national government. In proposing the New Jersey Plan, its proponents were interested in what? ->>Maintaining the structure of the Articles of Confederation and basing representation on the states Resting at the heart of the debate over the Virginia and New Jersey plans was: ->>A disagreement over the national government being representative of the people or of the states. What debate did the Great Compromise settle so that the Constitutional Convention could continue? ->>The Great Compromise settled the debate between the large states and small states over state representation in the legislative branch. How do checks and balances keep the branches of government from abusing its power? ->>Checks and balances require the different branches of government to work together. Checks and balances allow each branch of government the ability to restrict other branches of government. Several mechanisms were put into place to satisfy the fears of those who felt that if the Constitution gave the national government more power, it would be able to abuse its power and the rights of the people. Which is not one of those mechanisms? ->>The Supremacy Clause The Senate has equal representation regardless of population of the state. State governments still given sovereignty over their individual states. ->>New Jersey paln Bicameral legislature consisting of two chambers. Senators are appointed rather than popularly elected. The House of Representatives has state representation that varies based on the size of a state's population. The National government given increased powers. ->>Virginia Plan In what ways does Article I of the Constitution prevent the national government from engaging in taxation without representation? ->>Both the House and Senate must approve of all revenue bills. All bills to raise revenue must begin in the House of Representatives. How was slavery involved in the Constitutional Convention? ->>Representatives from the North were adamant that slaves not be counted towards a state's population while Southerners insisted that they be counted. What are specific powers given to Congress in Article I of the Constitution? ->>The power to declare war The power to regulate trade and commerce The power to tax The power to lay and collect taxes The power to declare war The power to remove a president from office ->>The Legislative Branch The power to veto laws passed by Congress ->>The Executive Branch The power to declare laws unconstitutional ->>The Judicial Branch To reinforce the representational differences in the national bicameral legislature, the Great Compromise required that: ->>Members of the House of Representatives be selected by the voters, and members of the Senate be selected by the state legislatures. The most important structural outcome of the Great Compromise was: ->>The creation of a bicameral national legislature, with each chamber representing a different type of political actor. The Three-Fifths Compromise worked to: ->>Increase the representation of Southern states in the House of Representatives. Which Constitutional change was not advocated by the Federalists? ->>The addition of the Bill of Rights Why did the Anti-Federalists advocate for the addition of the Bill of Rights to the Constitution? ->>To prevent tyranny over the people by the national government. To explicitly protect the rights of individuals. Why did the Anti-Federalists want the government to remain closer to the people? ->>To prevent the possibility of government tyranny. To keep the wealthy elites from having complete power. Why did the Federalists want to make the national government as strong as possible? ->>To build and maintain a strong economy. To provide more protection for the United States against potential threats. The name of the series of essays published beginning in 1787 that argued in support of a strong federal government and the ratification of the Constitution was: ->>The Federalist Papers Which of these options helped the Federalists gain more support for their theories of a representative government with increased national powers? ->>The Federalist Papers In Federalist no. 51, Madison argues for the division of government authority to each branch of government. What is this known as? ->>Separation of powers Who has the most important role in foreign policy? ->>The president On which branch of government does the Constitution provide the most detail as it relates to powers? ->>Congress Which entity has the power to execute laws passed by Congress? ->>The president and officials in the executive branch are in charge of executing the laws passed by Congress. Which of these powers does the president hold? ->>The power to grant pardons Why did the founding fathers provide so little detail for the judiciary ->>The Founding Fathers provided little detail for the judiciary because they understood the role of courts and the judicial system from the English system and the colonial period. How long is the term for federal judges? ->>Judges serve during times of good behavior. or life Which check limits the power of Congressional law-making? ->>The president's power to veto is a limitation to Congressional law-making. What powers does Congress possess? ->>The power (by the Senate) to pass treaties with a two-thirds majority vote The power to declare war Why did the Founding Fathers develop the system of checks and balances? ->>The Founding Fathers feared a government that would be too strong. Which of these was intended as part of the system of checks and balances? ->>he ability of the president to veto acts of Congress was intended as part of the system of checks and balances. Which is true concerning executive agreements with foreign countries? ->>executive agreements are valid only as long as the political leaders from both countries are in power. Which is true of the impeachment process? ->>The impeachment process involves a majority vote in the House of Representatives, followed by a hearing in the Senate requiring a two-thirds vote to remove an individual. Which statement is true regarding the federal system of government? ->>Federalist systems work best In countries that are large and diverse. Which statement about federal and unitary systems is most accurate? ->>In a federal system, powers are divided between states and national governments. In a unitary system, all power is held within the national government. Which concept is an Enlightenment idea that influenced the leaders of the American Revolution? ->>Social contract How does the Bill of Rights reflect the influence of Enlightenment ideas on the Constitution? ->>The Bill of Rights explicitly listed individual freedoms. What describes the general structure of the U.S. government under the Articles of Confederation? ->>It was an alliance of independent states under a limited central government. What was a major problem with the Articles of Confederation? ->>he national government did not have the power to impose taxes. What describes Clause 3 of Article IV, Section 2 in the Constitution? ->>Slave owners could reclaim their slaves in states where they had fled. Which major compromise was made at the Constitutional Convention? ->>The proportional representation of enslaved persons What describes the opposing views in the debates between the Federalists and Anti-Federalists? ->>Federalists favored a strong central government while the Anti-Federalist favored strong state governments. How do the branches of government operate under the concept of checks and balances? ->>The branches of government must cooperate to function, and each branch can restrict the others branches' powers. Which of these most accurately describes checks and balances? ->>Each branch can restrain the others through a system of shared powers. Which of the following enumerated powers of Congress are generally regarded as responses to the weaknesses of the national legislature under the Articles of Confederation? ->>exclusive power to coin money power to regulate commerce The oversight power of Congress is a form of power. ->>implied Which of these is the most accurate statement about the process of a bill's becoming a law? ->>The process is complex and full of steps, at any of which a bill may die and have to begin the process again. What gives a bill a better chance of becoming law? ->>A bill has a a better chance of becoming law if it receives a favorable report and vote from committees in the House and Senate. What is essential for a bill to become a law? ->>To become a law, it is essential for a bill to pass both the House and the Senate in identical form Where are most bills prevented from becoming laws? ->>In the committees of the House and Senate What is a key difference between standing committees and select committees? ->>Standing committees continue from one session of Congress to the next, whereas select committees are temporary. What is the purpose of a conference committee? ->>A conference committee is convened to resolve differences in bills from the House of Representatives and the Senate. What is a key role of the appropriations committees in the House of Representatives and the Senate? ->>One key role of the appropriations committees in the House of Representatives and the Senate is to provide funding for specific projects, agencies, or programs in proposed legislation Which of these correctly describes the process of redistricting? ->>Redistricting is a complex process that is subject to constitutional restraints. Why is the census an important factor in American politics? ->>The census determines how many seats each state will get in the House of Representatives, and consequently, how many votes each state will get in the Electoral College. For what reason were majority-minority districts created? ->>Majority-minority districts were created to avoid gerrymanders that diluted the voting power of minorities. What is one goal for the use of gerrymanders? ->>Gerrymanders dilute the power of the minority party by concentrating supporters in one or a few districts What determines the number of members in the House of Representatives? ->>The number is determined by law. How does the census affect the apportionment of seats in the House of Representatives? ->>Due to changes in population, some states gain seats and other states lose seats. What requirement did the Baker v. Carr decision establish? ->>The decision established that districts for the House of Representatives have approximately equal populations. Which statement is the most accurate concerning the need for states to draw new district boundaries after each census? ->>Almost all states have to redraw boundaries since each Congressional district must have approximately an equal number of people. Why did the Founding Fathers create the presidency? ->>The Founding Fathers wanted an executive with sufficient power to lead the country in an emergency. Why do Presidents have great power? ->>Presidents have great power because of the increased power and size of the United States. Which statement below accurately describes current presidential power to block legislation? ->>The president has the power to veto legislation, but the veto can be overridden by Congress. How are executive agreements used? ->>Executive agreements are used in international relations. Why was the Twelfth Amendment necessary? ->>The Twelfth Amendment was needed because Jefferson (the presidential candidate) and Burr received the same number of electoral votes, resulting in a tie Which of these presidents were subjected to impeachment? ->>Andrew Johnson and Bill Clinton What is the key provision of the Twenty-Second Amendment? ->>The Twenty-Second Amendment limited an individual to two terms as president. Which two states provide for the possibility of splitting their electoral votes by Congressional district? ->>Maine and Nebraska What was the purpose of the Monroe Doctrine? ->>The Monroe Doctrine discouraged the European powers of the time from intervening in the affairs of Western Hemisphere nations. Which of these does the Constitution require the president to do? ->>To deliver a State of the Union address Which presidential power is virtually unchecked? ->>The power to pardon people convicted of federal crimes What improves the ability of a president to use his power of persuasion? ->>Inheriting a good economy What is the difference between an executive agreement and an executive order? ->>Executive agreements are made with leaders of foreign countries, so their agreement and support is needed What are measures that a president can use to influence the execution of legislation? ->>Signing statements and executive orders When did Congress issue an official declaration of war? ->>Congress issued an official declaration of war after Pearl Harbor. What does "executive privilege" refer to? ->>"Executive privilege" refers to the ability of the president to withhold information from Congress. When did the United States establish national intelligence agencies? ->>Right after World War II What must be true for a recess appointment to be made? ->>The Senate must be in recess. What is one reason why presidents rely on executive agreements? ->>Because executive agreements take less time to negotiate and implement than treaties What mechanism did President Roosevelt use to intern Japanese American citizens during World War II? ->>By executive order Which presidential power has the most limitations? ->>The presidential power with the most limitations is appointing people to government positions. Which of the powers below was given to the president by the Founding Fathers? ->>The power to command the armed forces of the United States What is a key element of a new president's transition into office? ->>Indicating to foreign leaders which executive agreements s/he will continue to honor What did the Founding Fathers want from the office of the president? ->>The Founding Fathers wanted an executive leader with enough power to lead, but they also wanted to avoid an all-powerful monarchy. Of the choices below, which is most consistently a key presidential adviser, from president to president? ->>Whomever the president chooses to rely upon Which of the presidents below relied most on his vice president for advice? ->>George W. Bush and Dick Cheney In 2005, President George Bush appointed John Bolton the U.S. Ambassador to the United Nations while the Senate wasn't in session. This is an example of: ->>A recess appointment What is used to prevent presidential recess appointments? ->>Pro forma sessions of the Senate How long is the so-called "honeymoon period" for new presidents? ->>The first 100 days after the inauguration In Dickerson v. United States (2000), the Supreme Court ruled that Congress could not override the Miranda warning requirement established in Miranda v. Arizona (1966). ->>Stare decisis An argument offered in opposition to judicial activism is: ->>The intrusion into democratic politics of unelected, and therefore unaccountable, judges. A law alleged to violate the Constitution's protection of free speech would be heard by the Supreme Court under: ->>Appellate jurisdiction. Which of these statements is true about individuals nominated to the Supreme Court? ->>Individuals who are nominated are normally lawyers. Which statement below is accurate about the "Rule of Four" in the Supreme Court? ->>The "Rule of Four" means that at least four justices must want to hear a case. The number of justices on the Supreme Court is set by: ->>Congress Those who are nominated to serve as a Supreme Court justice are generally: ->>Ideologically compatible with the president who nominates them Your dispute with your cellular service provider has escalated into a civil suit. In which court will your case most likely be heard? ->>A state trial court You live in Wyoming, and your business partner lives in Idaho. Your business relationship sours and your partner sues you for damages totaling $250,000. In which court will your case most likely be heard? ->>A federal district court In 1997, the family of Nicole Brown Simpson sued O.J. Simpson for the wrongful death of Ms. Simpson. What type of case is this? ->>A civil case In 2008, Bernie Madoff was charged by federal prosecutors with defrauded his investors of an estimated $65 billion. What type of case is this? ->>A criminal case Which of the following is not an example of how the courts play a role in the system of checks and balances? ->>Proposed legislation is reviewed by the courts to determine if it is constitutional How did the Fourteenth Amendment change the interpretation of the Constitution? ->>It led to greater involvement by federal courts in areas previously reserved to the states. Which branch of government has the primary role of interpreting the Constitution? ->>The courts Which of the following explains the relationship between Barron v. Baltimore and the Fourteenth Amendment? ->>The Fourteenth Amendment affirmed the decision in Barron v. Baltimore that the Bill of Rights applied only to the national government. How is the Supremacy Clause connected to the power of the courts? ->>The Supremacy Clause asserts that the Constitution is the highest law in the land and courts may need to interpret the meaning of the Constitution to resolve a case. Why is the Tenth Amendment included in the Bill of Rights? ->>To calm Anti-Federalists' fears by reserving powers to the states Which constitutional clauses seek to limit the power of the states? ->>Privileges and Immunities Clause Supremacy Clause Full Faith and Credit Clause Congress is given the authority to determine the rules and policies for the national military in Article I of the Constitution. ->>Expressed Power Although not specifically stated in the Constitution, Congress has decided that it is within its authority to open a national bank in order to help them regulate commerce. ->>Implied Power John lives in Nevada and he wants to get married in Maryland. However, he is confused as to why the time it takes to get a marriage license in Nevada is much faster than in Maryland. Why isn't it the same in all of the states? ->>Reserved Power Although you think you are being taxed twice by the government, each year you continue to pay a federal income tax and state income tax. ->>Concurrent Power How was the Necessary and Proper Clause used to expand the powers of the federal government? ->>The Necessary and Proper Clause provided the federal government with powers not stated in the Constitution Why are the cases McCulloch v. Maryland and Gibbons v. Ogden important to the development of the American Federalist system? ->>Both cases explained specific expressed powers of the federal government. Both cases helped to increase the powers of the federal government. Which clauses did the Supreme Court use In McCulloch v. Maryland, to expand the power of the federal government ->>Supremacy Clause Necessary and Proper Clause How did the Supreme Court interpret the Necessary and Proper Clause in McCulloch v. Maryland? ->>It recognized that Congress could create a national bank even though it did not have an enumerated power to do so. What is a primary effect of the census on the functioning of Congress? ->>It is used to determine the number of House representatives for each state. Which describes the purpose of Congressional appropriations committees? ->>They recommend how specific funds are allocated Which power is assigned to the House under the Constitution? ->>Originating congressional spending bills How does apportionment influence the makeup of Congress? ->>It determines the allocation of seats in the House of Representatives based on the equal proportions method. What is an example of checks and balances between the executive and legislative branches of government? ->>The Senate must confirm the president's Supreme Court nominees. Which presidential power can be directly restricted by Congress? ->>Appointing cabinet members Which president was impeached by the House of Representatives? ->>Andrew Johnson for firing his secretary of war What is the general purpose of the president making recess appointments? ->>To fill cabinet vacancies while bypassing Senate approval What is true about the U.S. court system? ->>It is a dual system with a federal court system and courts in each state What describes the Supreme Court's use of the judicial principle of stare decisis? ->>The Supreme Court's precedents are treated as established law. What was the significance of the Supreme Court's ruling in McCulloch v. Maryland? ->>It established a loose constructionist view of the necessary and proper clause Which type of power is a state's power to tax? ->>A concurrent power What is an example of a state exercising its reserve power? ->>Establishing laws to regulate businesses in the state What is an example of a state exercising a concurrent power? ->>Issuing bonds to fund an infrastructure project In which of the scenarios listed below is a constituent's interest likely to be heard by a member of Congress? ->>he constituent seeks the attention of his/her representative, rather than his/her senator. The constituent is among those who donate to their representative's re-election campaign. Which statements are true concerning the Federal Election Campaign Act? ->>Imposes limits on individual contributions to a campaign Requires candidates to report who donates to their campaigns What are some ways "soft money" can be used in congressional elections? ->>Issue-advocacy ads Party-building efforts What characteristics distinguish presidential elections from mid-term elections? ->>The interest level of voters who show up The different level of voter turnout What are the advantages an incumbent has over a challenger? ->>Fundraising Experience Party support Why does the party of the president often lose seats in Congress during mid-term elections? ->>There are different sets of voters who participate in presidential and mid-term elections. There are different sets of issues that drive voters in presidential and mid-term elections. According to Angus Campbell, which of these statements supports the saying that "all politics is local"? ->>There is a fundamental influence of local policy concerns on national elections. There is an advantage to the party not currently occupying the presidency during mid-term elections. In many parts of the country, s