Foundations of Gov
What is the State of Nature?
How people are naturally and whether all people are born good or bad.
What are the qualifications to be in the House of Representatives?
- At least 25 years old
- Citizen for 7 years (at least)
- Lives in state running for
What are requirements to become president?
- 35 years old
- Natural born citizen
- Live in US for 14 years
What is Judicial Review and how did it come about?
Judicial review gives the Supreme Court the power to declare something unconstitutional. This came about as a result of the Marbury v Madison Case.
Who is Alexander Hamilton and what was his contribution to the Constitution?
He is a federalist and he is very significant because he wrote the Federalist papers, which were essays to convince the people to be in favor of the constitution.
What is the Necessary and Proper Clause?
Allows the US Government to, "make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution."
What is the Franking Privilege and why is it an advantage.
The Franking Privilege gives incumbents free postage on all mail to constituents. This is an advantage because this saves the incumbent lots of money and allows them to use it for other forms of campaigning.
What does the term 'Balance the Ticket' mean?
What is Stare Decisis?
Meaning 'stand by the decision,' the Supreme Court won't change the ruling of a previous case if the constitution has not changed.
In Federalist Paper No. 78, what does Hamilton mean by having no control of, 'purse or sword'?
Purse means money and sword means military.
What is the difference between expressed, implied and inherent powers?
Expressed- specifically stated in constitution
Implied- assumed from necessary and proper clause
Inherent- common sense of what gov. should do
What is the difference between being a Representative and a Senator?
Rep:2 year terms, unlimited terms
Senator:
What is an executive order?
A directive from the president that has nearly the same power as a federal law. Executive orders are not specifically stated in the constitution.
What is the Rule of 4 and why is it used?
To hear a case only 4 justices need to approve of it. This is used to eliminate as many biases as possible. This allows minority cases to still be heard.
Who is Jean-Jacques Rousseau?
A philosopher who believed:
1. Emotion and reason guide human development, they must be balanced
2. Women are different than men, they should be taught to be women/obedient housewives
What is the McCulloch v Maryland Case?
Congress established Banks of America, but Maryland opposed the idea and charged any non-state incorporated bank with a $10,000 fine. The National Bank refused.
What are some powers of Congress?
- Raise and collect taxes
-Declare war
-Borrow Money
-Elastic Clause
What are the 8 Chief Roles?
Chief Executive
Chief Administrator
Chief Diplomat
Commander in Chief
Chief Legislator
Chief of Party
Chief Citizen
Chief of State
What is the difference Judicial Activism and Judicial Restraint?
Activism- Constitution is a changing document interpreted based off today's society. They believe in correcting political injustices when the other branches aren't
Restraint- Only strikes down a case if it is STRICTLY AGAINST THE CONSTITUTION. Follows written word instead of intent.
Who is Baron de Montesquieu?
A philosopher who sought to explain human laws,, different types of governments, and checks and balances. He believed despotism can be prevented by separating powers, which is how we got the idea of the 3 branches of the government.
What were Hobbes' and Locke's views on the Social Contract Theory?
Hobbes- people agree to give up all freedom for a government that offers protection and safety.
Locke- people agree to give up some freedom for increased protection of rights.
What are some powers denied to Congress?
- Cannot suspend writ of Habeas Corpus, they must show a cause for holding a suspect except during wartime.
- No ex post facto law: cannot punish anyone for an act committed before there was a law against it.
What prevents Executive Orders from being too powerful?
-The Supreme Court can declare executive orders unconstitutional.
- Congress can pass a law against executive orders
What is the Litmus Test?
It is an interview-type test where Senate evaluates where a Judicial Candidate falls on the political specter. They talk about beliefs on certain political issues and this determines whether senate approves of the candidate or not.
Who are the 9 Supreme Court Justices?
John Roberts, Brett Kavanaugh, Clarence Thomas, Ruth Ginsburg, Stephen Breyer, Samuel Atilio, Sonia Sotomayor, Elena Kagan, and Neil Gorsuch