Political Science Midterm Questions and Answers Graded A

Political Science Midterm Questions and Answers Graded A 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 Auxillary Precaution According to Madison, a system in which the different elements of government competed against one another, each preventing the other from becoming too powerful, was the best system to prevent the rise of a tyrannical government that would abuse the rights of the people Nation a politically organized body of people under a single government Articles of Confederation a written agreement ratified in 1781 by the thirteen original states Shays Rebellion this conflict in Massachusetts caused many to criticize the Articles of Confederation and admit the weak central government was not working; uprising led by Daniel Shays in an effort to prevent courts from foreclosing on the farms of those who could not pay the taxes Virginia Plan Virginia delegate James Madison's plan of government, in which states got a number of representatives in Congress based on their population New Jersey Plan Opposite of the Virginia Plan, it proposed a single-chamber congress in which each state had one vote. This created a conflict with representation between bigger states, who wanted control befitting their population, and smaller states, who didn't want to be bullied by larger states. Great Compromise Compromise made by Constitutional Convention in which states would have equal representation in one house of the legislature and representation based on population in the other house Three-Fifths Compromise The agreement btween slave states and free states that a state's slave population would be counted for 60% for purposes of determining a state's representation in the House of Representatives. Republic a political system in which the supreme power lies in a body of citizens who can elect people to represent them Indirect Election When government officials are elected by previously chosen representatives, and not directly by the people Separation of Powers the division of power among the legislative, executive, and judicial branches of government 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 Judicial Review the power of the judiciary to interpret and overturn actions taken by the legislative and executive branches of the government Federalism the idea of a federal organization of more or less self-governing units Parliamentary System A system of government in which the legislature selects the prime minister or president. Supremacy Clause constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the greatest law of the land Full Faith and Credit first words of Article IV, Section 1 of the Constitution, which requires states to respect the "public acts, records, and judicial proceedings" of all the other states. Equal Privileges and Immunities a clause in the constitution stating that states are to treat equally their citizens and the citizens of other states Federalists supporters of the constitution Anti-Federalists People who opposed the constitution Bill of Rights a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution) Confederation the act of forming an alliance or confederation Unitary System a government that gives all key powers to the national or central government Sovereignity ability of a state to govern its territory free from control of its internal affairs by other states Compact Theory The idea advanced by Rousseau, Locke, and Jefferson, that government is created by voluntary agreement among the people involved and that revolution is justified if government breaks the compact by exceeding its authority. Mandate the commission that is given to a government and its policies through an electoral victory. American War of Independence the revolution of the American colonies against Great Britain, 1775 Continental Congress the legislative assembly composed of delegates from the rebel colonies who met during and after the American Revolution National Convention First held in Philadelphia in 1787. The meeting of party delegates every four years to choose a presidential ticket and write the party's platform. Ratification making something valid by formally ratifying or confirming it Sovereignity ability of a state to govern its territory free from control of its internal affairs by other states Fiscal Federalism The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments. Nullification the states'-rights doctrine that a state can refuse to recognize or to enforce a federal law passed by the United States Congress Nationalist Theory a theory of the founding of the American government that sees the Constitution as the joining together of the people as much as or more so than the joining together of states Cooperative Federalism A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly. Necessary and Proper Clause Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government Implied Powers powers not specifically mentioned in the constitution Categorical Grant Federal grants for specific purposes define by law Dual Federalism A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. Dual Sovereignity a theory of federalism saying that both the national and state governments have a final authority over their own policy domains Police Power state power to enact laws promoting health, safety, and morals Commerce Clause The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations. Dual Citizenship Citizenship in more than one nation. Unfunded Mandate Nat'l law that directs state or local govts to comply w/ federal rules/regs, but contain little or no federal funding to defray cost of meeting the requirements (clean air & water standards) Electoral College the body of electors who formally elect the United States president and vice-president District Court a division of the trial court (federal or state), serving a specific geographic area, with only one judge usually required to hear and decide a case Magistrate Judges officials who hear cases against accused persons and decide whether those cases should be brought before a grand jury Appellate Courts These courts do not determine guilt or innocence, but if the accused has had a fair trial. These courts can be either state or federal. Supreme Court the highest federal court in the United States Writ of Certiorari a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case Original Jurisdiction the authority to hear cases for the first time Appellate Jurisdiction The authority of a court to review decisions made by lower courts Briefs documents given to a court by the attorneys trying a case. These documents contain summaries of the issues in the case, the laws relevant to the case, and the arguments which support the position taken by the attorney on behalf of his or her client. Oral Argument stage in Supreme Court procedure in which attorneys for both sides appear before the Court to present their positions and answer questions posed by justices Conference a confidential gatehring of justices in which they discuss their thoughts about the case and cast preliminary thoughts. Chief Justice the judge who presides over a supreme court Majority Opinion the opinion joined by a majority of the court (generally known simply as 'the opinion') Concurring Opinion an opinion that agrees with the court's disposition of the case but is written to express a particular judge's reasoning Dissenting Opinion an opinion that disagrees with the court's disposition of the case Plaintiff a person who brings an action in a court of law Class Action Suit lawsuit brought by an individual or a group of people on behalf of all those similarly situated Judicial Review review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court Standing The requiremento bring a case to establishing that for a plaintiff to bring a case to court, he or she must ahve suffered a well-defined injury that is a violation of the civil code. Civil Case a case in which one party takes legal action against another party Ripeness Doctrine a doctrine under which the court will not hear a case unless there is an actual, present controversy for the court to decide Plea Bargain (criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge Common Law (civil law) a law established by following earlier judicial decisions Public Law a law affecting the public at large Judicial Review review by a court of law of actions of a government official or entity or of some other legally appointed person or body or the review by an appellate court of the decision of a trial court Legal Model a theory of judicial decision-making in which judges make decisions by deciphering the correct interpretation of the law and the relevant portion the Constitution, and determining whether there is a conflict between the two Stare Decisis Let the decision stand; decisions are based on precedents from previous cases Judicial Restraint view that the courts should reject any active lawmaking functions and stick to judicial interpretations of the past Recess-Appointment the appointment of a federal judge during the Senate's recess; such an appointment allows the president to temporarily fill a vacant judgeship without the Senate's consent Senatorial Courtesy Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work. Solicitor General a law officer appointed to assist an attorney general McCulloch vs. Maryland The state of Maryland taxed banknotes produced by the Bank of the United States, claiming that the Bank was unconstitutional. Using implied powers, Marshall countered that the Bank was constitutional and ruled that Maryland was forbidden from taxing the Bank. John Marshall created the precedent of judicial review; ruled on many early decisions that gave the federal government more power, especially the supreme court American Creed Dominant political culture in the u.s., marked by a set of beliefs in individualism, democracy, liberty, property, and religion, tied together by equality Limited Government In this type of government everyone, including all authority figures, must obey laws. Constitutions, statements of rights, or other laws define the limits of those in power so they cannot take advantage of the elected, appointed, or inherited positions. Sovereign Power a term used to describe supreme or final power Chief Judge Selection One is not nominated or appointed to the position of chief judge (except for the Chief Justice of the United States); they assume the position based on seniority. The same criteria exists for circuit and district chiefs. The chief judge is the judge in regular active service who is senior in commission of those judges who are (1) 64 years of age or under; (2) have served for one year or more as a judge; and (3) have not previously served as chief judge. Incumbent the official who holds an office Stamp Act an act passed by the British parliment in 1756 that raised revenue from the American colonies by a duty in the form of a stamp required on all newspapers and legal or commercial documents