Founding Docs
What document states, "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness."
Declaration of Independence
What court case ruling gave the Supreme Court the power of Judicial Review?
Marbury v Madison (1803)
Which type of committee is permanent in Congress?
A Standing Committee
What are the qualifications for running for President as stated by the Constitution?
-must be at least 35 years of age
- a natural born citizen
- lived in the United States for at least 14 years
The power of the Supreme Court to interpret the Constitution and a laws validity to it
Judicial Review
What is Brutus 1?
Anti-Federalist essay saying that more governmental control should be left to the states. Having a big Republic would cause to many voices to compete, a state's will would be overturned for the whole, and individual liberties would be reduced.
Which SCOTUS cases have to do with Gerrymandering?
Baker v. Carr (1962)- Equal Protection Clause covers Gerrymandering
Shaw v. Reno (1993)- Redistricting must be mindful of race (to no limit the political voice of races) as directed by the Voting Rights Act of 1965
DAILY DOUBLE!!!
What are the qualifications for a member of the House of Representatives vs the Senate as stated by the Constitution?
House of Representatives:
- at least 25 years old - be a citizen of 7 years - Residency in the State you represent
Senate:
- at least 30 years old - be a citizen for 9 years - Residency in the State you represent
Name 2 ways a President can influence law
-Agenda (State of the Union)
-Veto
- Endorsing Candidates for Congress who support their Goals/policies
The Bully Pulpit; messaging through the media
What are the qualifications for being a Supreme Court Justice as stated by the Constitution?
None; only needs to be nominated by the President and Confirmed by the Senate
DAILY DOUBLE!!!
What were 3 main flaws with the Article of Confederation?
- Hard to raise money to pay off debts from the war
Federal Gov’t had not guarantee states would follow laws
- Hard for country to unite. Fed government can’t control trade
- Government couldn’t protect borders or enforce laws. Relies on states to provide militias
- Can ask for taxes but can not require/enforce them
- Very difficult to change (Unanimous vote from all states)
What did McCulloch v. Maryland (1819) determine?
1. Supremacy of the Constitution over all other laws
2. Federal Government can do things not explicit in the Constitution as long as they are "necessary and proper" to carry out explicit powers
What enumerated (expressed) powers does congress have?
- taxes
- establish rules to allow foreign-born immigrants to become citizens of the United States
- make rules for bankruptcies
- punish counterfeiters
- set up a national post office
- provide for copyrights and patents to protect the work of inventors and artists
- organize all federal courts below the Supreme Court
- punish pirates
- hire pirates to attack foreign enemies
- make rules to regulate the conduct of the armed forces
- call out the militia to defend the country from invasions or insurrections
- organize and discipline the militia
- govern the federal capital (Washington, DC)
How does the President control the bureaucracy of the Federal government?
Appointments to Federal Departments (Cabinet) and other executive agencies (NASA, EPA) and regulatory agencies (Federal Reserve, FEC)
What types of jurisdiction are there?
Original Jurisdiction- Who gets to hear it first (Federal vs State law, parties involved)
Appellate Jurisdiction- Courts review previous rulings to support or overturn
Concurrent Jurisdiction- A case can be tried either by sate or federal courts
Who was Martin Luther King primarily criticizing in his Letter from Birmingham Jail?
Religious Leaders, White Moderates, and all who told those fighting for Civil Rights to "Wait"
Which Supreme Court Case best exemplifies Federalism?
McCulloch v Maryland (1819)
Shows the spilt powers and responsibilities of State and Federal government
United States v Lopez (1995)
Stuck down a Congressional gun law due to it not fitting within any of Congresses powers. Example of New Federalism (Devolution)
What is the elastic clause and why is it controversial?
The elastic clause is the "necessary & proper" clause; giving Congress power to do things necessary and proper to preform its duties.
It is controversial because it can stretch; giving Congress possible powers that are not expressed in the Constitution but have been deemed necessary to accomplish those expressed powers.
DAILY DOUBLE!!!
What is 1 valid point for and 1 valid point against the Electoral College?
For- Supported by Founding Fathers, Reduces power population centers in the nation, Tested through Time, can be proportional (Like Maine & Nebraska)
Against- Reduces popular vote influence, Gives unfair focus to swing states/big electoral states, Has ties to slave states wanting to keep power
What is "court packing"?
To promote the idea of adding justices to the Supreme Court; usually tied to accusations of wanting to "flip" the court to an more favorable ideology
Provide a list of the Federalist papers we studies and give a brief summary as to their main point
Federalist 10- Madison argues that a strong national government needed to protect outside and inside attacks. Factions are a threat only if left untreated, bigger government means more control of factions
Federalist 51- Madison argues that a national government can't get too powerful under this new constitution due to the separation of powers and checks given to each branch.
Federalist 70- Addressing the Executive Branch, Hamilton argues the executive needs "energy" to get things done, execute, quickly. Time needed to create laws, not to carry them out.
Federalist 78- Addressing the Judicial Branch, Hamilton points out that this branch was given the weakest power and lifetime appointments also avoid the bias of a judge not being influenced by politics and wanting to stay in power.
Name and define the 4 types of Federalism
Duel Federalism- From the Founding of the country to the Great Depression, power is specifically separated between state and federal government. Little to no crossover
Cooperative Federalism- From the Great Depression to the end of the Civil Rights Era, the responsibilities of state and federal government cross into each other. Like interstate highway systems or protection of Civil Rights
New Federalism (Devolution)- Starting in the 1970s courts and government started to untangle the responsibilities of state and federal government. Not totally untangled as it was, but gave more control to local government.
Fiscal Federalism- Federal government provides funds to state governments through grants and mandates. Can possibly dictate how the money can be spent if taken.
How can the Legislature check the President & Supreme Court?
Check on President: - Control the Purse, Override a Veto by 2/3 vote, Approve Presidential Appointments
Checks on Supreme Court- Help pass Amendments, Approve Supreme Court Nominees
Create a list of at least 3 Enumerated (Expressed) Powers & 3 Implied Powers of the President
Enumerated/Expressed/Formal:
- Veto, - Commander & Chief of Armed Forces - Makes treaties for Senate to Approve, - Appoints Federals Officials with Senate Approval, - Execute the Law, - Pardons
Implied/Informal:
- War Powers, - Executive Orders, - Bully Pulpit (Messaging for Government), - Executive Agreements between nations, - Executive Privilege, - Head of their Party
Explain Judicial Restraint vs Judicial Activism
Judicial Restraint = Court avoids social or political questions and only rules on the validity of Constitutional Issues (Generally Don't Overturn Precedent; Strict Constructionist/Constitutionalist)
Judicial Activism = Court guides national policy by ruling on Constitutional issues outside of strictly law (Generally Willing to Overturn Precedent; Loose Constructionist/Constitutionalist)