a government that is legally restricted in its power
What did the Great Compromise do?
Created a bicameral legislature with a House of Representatives (based on population) and Senate (equal representation)
Article II, Section 2 of the Constitution
Responsible for serving as the ceremonial head of state, handling foreign policy, and enforcing laws
Administrative head of government
Can force Congress into session, brief Congress on State of the Union, veto legislation
Must cooperate with Congress (checks and balances)
Can appoint federal judges, SCOTUS justices, ambassadors, and department
secretaries that must be approved by the Senate
Negotiates treaties that must be ratified by 2/3 of the Senate
Executive agreements do not require Senate approval, agreements between country leaders
These are:
Formal Powers of the President
Explain the structure of the Federal Courts
Three levels of federal courts:
1. District Courts (have original jurisdiction)
2. Federal Circuit Court of Appeals: hear cases on appeal from District Courts
3. Supreme Court: hears appeals of cases dealing with the constitution from Circuit Courts and suits between states or cases involving foreign ministers. Acts in appellate jurisdiction, can only decide issues of law and not facts of a case
How does the Electoral College work?
composed of elected officials from each state based on population (each given 2 votes + 1 vote per member of House of Representatives) with a total of 538 electors.
The presidential candidate who wins 270 electoral votes wins the election regardless of who wins popular vote
John and Mary Beth Tinker wore black armbands to school to protest the Vietnam War. 7-2 decision, ruled that children in public schools were protected by the First Amendment if their speech did not violate constitutional, specific regulations and does not cause a “substantial disruption”
Tinker v. Des Moines (1969)
A collection of of articles supporting the Constitution. Written by Alexander Hamilton, James Madison, and John Jay
The Federalist Papers
What are Natural Rights? Who created them?
Described by John Locke; life, liberty, and property; must be protected by the government
Aid that lets the state use the money how it wants. Used by those who favor statesʼ rights
Block grants
when the president and majorities in houses are not from the same political party
Divided Government
How do you become a Supreme Court justice?
Appointed by President, approved by senate
whether or not a party/candidate should be reelected based on their performance
Retrospective voting
the court ruled that states could not tax national bank. Reinforced supremacy clause of Constitution - issues between state + federal government laws should be ruled in favor of federal. Necessary and proper clause - banks were necessary to implement federal powers
McCulloch v. Maryland (1819)
Addresses dangers of factions + how to protect minority interest groups in a nation ruled by the majority. Argues that a large republic keeps any single faction from taking control
Federalist No 10
What is Popular Sovereignty?
government power derives from the consent of the governed (ex. elections, protests)
What is gerrymandering? What is racial gerrymandering? How does it affect elections?
Gerrymandering: drawing district boundaries to give the majority party a future advantage.
Racial Gerrymandering: drawing district boundaries to give a specific race a future advantage.
It can affect elections by manipulating the amount of representatives for each political party
lets the president speak with the American people and helps them to pressure Congress
Bully pulpit
Judges who are hesitant to overturn legislature practice
Judicial Restraint
voting for candidates from a single political party for all offices
Party-line voting
A challenge to the Gun-Free School Zones Act of 1990 (banned guns on school property). Held that commerce clause didn't allow regulation of carrying guns. New phase of federalism - state sovereignty and local control were important
United States v. Lopez (1995)
Written by Alexander Hamilton, addressed concerns about the power of the judicial branch, argued that the judicial branch would have the least amount of power under the Constitution but would also have the power of judicial review. Check on Congress
Federalist No 78
What are the three types of Democracy? Explain them
Participatory: broad, direct participation, most or all citizens participate directly. Is Direct Democracy.
Pluralist: power rests with competing interest groups. no one group dominates political decisions (Can be seen as factions inside of political parties as well)
Elite: a small # of people, usually wealthy and well educated, influence political decision making (example is electoral college)
aid with strict rules from the federal government about how it is used. Used by those who favor federal power
Categorical grants
top aid to the president; very trustworthy and known for a long time; considered extremely powerful, manages Executive Office, controls access to president (+ information received by president)
Chief of Staff
writ of certiorari
If 4 justices agree to review lower courtʼs decisions, court issues a writ of certiorari - document used to request lower court transcripts of case
Regulated campaign finance + PAC donations
Prohibited soft money (unregulated donations) to national political parties
Limited corporate and union funding for ads about political issues within 60 days of general election and 30 days of primary
Bipartisan Campaign Reform Act of 2002 (McCain-Feingold Act)
Explain Baker v. Carr (1962)
Charles Baker sued Tennessee for not redrawing its state legislative districts because his countyʼs population had grown but not gained representation.
Ruiling: Violated 14th amendment (equal protection of the law). Ruled in 6-2 decision that the government can force states to redistrict every 10 years
Led to the development of the “one person, one vote” doctrine
Gave federal courts the right to weigh in on redistricting
What is an amendment? And what is the process for adding an amendment to the Constitution?
Amendment: the addition of a provision to the Constitution
Proposed amendment must be approved by 2/3 of both houses of Congress. 3/4 of state legislatures must ratify (approve) the amendment, and the states themselves are allowed to determine the votes required to ratify the amendment
Congress can also mandate that each state use a ratifying convention. (delegates elected to vote on the amendment) Used once to ratify the 21st amendment (1933) - ended prohibition.
Great example of Federalism in action!
What is Republicanism? How is the United States represent Republicanism?
Republicanism: supports individualism and natural rights, popular sovereignty (people give the government power), and encourages civic participation
American Republicanism is characterized by representative democracy. Elected officials representing a group of people
The Bureaucracy:
Most people who work for the government work for one of the executive departments or other “cabinet level” agencies. Considered part of the executive branch. Supposed to function above partisan politics
Operates on the "Merit System"
Appointed by the President and approved by the Senate
Amicus curiae briefs:
effort to sway the justices, can be very influential. Interest groups affiliated with both side of the case submit their own briefs
Supreme Court overturned BCRA limits on PAC funding for “corporate independent expenditures”
PACs that donate to certain candidates must have limits on their contributors and donations
PACs that do not donate to specific candidates have no fundraising limits as long as they do not coordinate with candidates
Unlimited PACs are known as super PACs - generally financed by the rich but can be difficult to locate donors
Citizens United v. Federal Election Commission(2010)
Explain Shaw v. Reno (1993)
white voters living in North Carolinaʼs 12th district sued the state for gerrymandering to isolate African Americans into the 12th district
Ruled in 5-4 decision that the state was using racial bias in its redistricting
Violated equal protection clause (14th amendment)
Any racial gerrymandering required a compelling state interest
Anonymous author asked questions about + critiqued the draft of the Constitution
Argued the national government had too much power, an army could prevent liberty, and representatives may not truly be representative of the people
Brutus No 1
The way in which federal and state/regional governments interact and share power is called?
Federalism
a close working relationship formed when issues affect many groups by pro/con coalitions of interest groups, Congress members, and bureaucrats
Alliance/issue network
What is Impeachment? And what is the process?
Gives Congress the ability to remove president for crimes. Crimes undefined by Constitution-- up to legislative branch to decide
House of Representatives impeaches president (brings charges) by majority vote
Senate holds trial with Chief Justice presiding if impeachment passes w/two-thirds vote to remove president
No president has been removed from office
What is substantive due process vs. Procedural due process?
Substantive due process: whether laws are fair. Bill of Rights, 14th Amendment, Constitution
Procedural due process: whether laws are applied fairly
Hard Money vs. Soft Money
Hard Money: Regulated contributions to candidates
Soft Money: Unregulated, unlimited contributions to parties for activities; limited by BCRA
Daniel Ellsberg leaked the Pentagon Papers (about US in Vietnam) to the New York Times, when the Washington Post started to publish the Pentagon Papers, the government sued.
Said to have violated the Espionage Act of 1917
6-3 decision - Supreme Court ruled that the newspapers could publish the Pentagon Papers because the government had not had the proof necessary to enact prior restraint
Established a “heavy presumption against prior restraint” including in cases that involve national security
New York Times v. United States (1971)
List at least three reasons the Articles of Confederation failed:
1. Shaysʼ Rebellion (1786-1787): 6-month rebellion formed by over 1,000 farmers in which a federal arsenal was attacked in protest of the foreclosure of farms in western Massachusetts. showed necessity of a strong central government
2. Could not impose taxes (result of taxation without representation); only state governments could levy taxes
3.No national military; could not draft soldiers
4. No Supreme Court to interpret law
5. No executive branch to enforce laws
6. No control over taxes imposed between states and could not control interstate trade
7. No national currency