Creating the Constitution
What is the difference between the Federalists and Anti-Federalists?
The Federalists supported the ratification of the Constitution. The Anti-Federalists opposed the Constitution.
Compare the two types of federalism- dual federalism and cooperative federalism.
Dual federalism is where the federal and state governments have separate and exclusive control over some issues while in cooperative federalism, various levels of government work together to solve some policy problems (such as the federal government giving states grants).
Why is the Elastic Clause or “necessary or proper” clause important?
The Elastic Clause gives Congress its implied powers. It is important because it allows Congress to carry out its constitutional responsibilities and also respond to issues the Founding Fathers had not intended.
What is the difference between the following committees- standing, joint, conference, and select committees?
Standing - permanent, specializes in certain topics
Joint - made of members from both chamber
Conference - created to reach a compromise when a different form of a bill is passed in each house
Select - temporary, made for a specific issue to be resolved
How did the 17th amendment change Congress?
Senators are now directly elected by the people.
What did the North and South want in regard to the 3/5 Compromise, and what was the final decision?
The North believed that because the southern slave holders treated their slaves as property, slaves should not be counted as people. Clearly, the South wanted its slaves to be counted so that it had more representation in Congress.
The result was a 3/5 Compromise in which any member of the population that was not white and free would be counted as 3/5 of a person.
How do the three theories (elitist, pluralist, and hyperpluralist) view government?
Elitist - the government is run by an elite few or upper class
Pluralist - politics is a competition among multiple groups, so there is no single group in charge
Hyperpluralist - too many groups can lead to chaos
Name 5 enumerated (formal) powers of Congress from the Constitution.
Tax and spend for the general welfare and common defense, borrow money, regulate commerce, establish citizenship naturalization laws and bankruptcy laws, coin money, punish counterfeiters, establish post offices and roads, regulate patents and copyrights, establish lowers courts, establish piracy laws of the sea, declare war, raise and support an army, provide and maintain Navy, make rules for the government and regulation of naval forces, call and regulate a militia, govern the District of Columbia, the Elastic Clause
What does the Congressional Budget Office do?
The Congressional Budget Office gives advice on the economic affects of laws.
How does gerrymandering influence Congressional elections?
Gerrymandering can manipulate votes to ensure that one candidate is sure to win or lose for a party. They do this by packing, cracking, hijacking(force two incumbents to run against each other), or kidnapping(relocate voters of a candidate to make their chances of winning lower).
List 3 major faults of the Articles of Confederation.
Lack of central leadership/no executive branch, Congress did not have the power to tax, No national court system/no judicial branch, Congress could not regulate trade, The federal government was too weak, States were not unified, Changes could not be made without the unanimous consent of the States
Describe the 3 of the 5 principles of the Constitution.
Popular Sovereignty - the government gets its authority from the consent of the people
Limited Government - there are laws that limit the power of the government
Separation of Powers - the government is separated into 3 branches - the legislative branch, judicial branch, and executive branch
Checks and Balances - each branch of government has powers to check on and limit each other
Federalism - a system in which the national government shares powers with lower levels of government
What checks does the legislative branch have over the other branches?
The Legislative Branch can check on the Executive Branch by overriding a veto, impeaching the president (or other officials), controlling the budget, and advising and consenting to treaties and appointments (the Senate).
It also checks on the Judicial Branch through confirmation of presidential appointments for Supreme Court justices, impeachment, and the establishment of courts and the number of judges.
What are the 2 ways that an amendment can be added to the Constitution?
1-proposal by 2/3 of Congress, ratification by 3/4 of state legislatures
2-proposal by 2/3 of state legislatures for Congress to call a national convention, ratification by 3/4 state conventions
Why do people complain about logrolling and pork barrel legislation in Congress?
People believe that logrolling or pork-barrel legislation is a waste of money because it caters to one district instead of helping the whole country.
In short terms, what does each article (7) in the Constitution reference?
Article 1 - The Legislative Branch
Article 2 - The Executive Branch
Article 3 - The Judicial Branch
Article 4 - Powers of the States
Article 5 - The Amendment Process
Article 6 - The Supremacy Clause/Federal Powers
Article 7 - Ratification of the Constitution
How has federalism changed in the last 100 years? (What types of federalism developed, and in what order?)
Before 1937, dual federalism was mainly practiced while the federal government was small. As the government grew in power and was more capable to fund the States, cooperative federalism became a more common practice. Regulated federalism also became more popular as funding increased and became stricter. Eventually, backlash called for devolution and new federalism (allows States to have more flexibility in making policies and programs).
Describe the following difference between the House of Representatives and Senate- number in each chamber, qualifications, term lengths, leadership, and who they represent.
House of Representatives: 435 representatives, 25 years old, citizen for 7 years, serve 2 year terms, Speaker of the House and majority/minority leaders, represent congressional district
Senate: 100 senators, 30 years old, citizen for 9 years, serve 6 year terms, Vice President, President Pro Tempore, and majority/minorty leaders, represent whole state
Name 3 differences between the House and the Senate when it comes to writing and passing a bill into law.
Revenue and tax bills must originate in the House of Representatives.
The House of Representatives has a Rules Committee (assigns bills to committees and decides rules for debate) and a Committee of the Whole (formally debates on bills before a vote; must have at least 100 representatives present).
Discharge Petition(in House) - bring a bill from committee to the floor for consideration; requires the signature of an absolute majority/218 members.
Senate's debate is less formal, often resulting in Christmas tree bills (bills with an excess amount of amendments) and filibusters.
Cloture(in Senate) - ends filibuster/limits time of debate; requires 60 votes
Why are incumbents often re-elected in Congress?
Incumbents are often re-elected because they are typically better funded, recognized, and they help decide voting districts. Congressmen also have franking privilege, meaning that they can send mail out for free. This allows them to reach out to their constituents much easier as well as advertise their candidancy.
What was the Virginia Plan and New Jersey Plan, and what was the compromise(hint: The Great Compromise)?
The Virginia Plan proposed a strong national government with an executive, a legislative, and a judicial branch. It also supported a bicameral Congress with seats based on state population.
The New Jersey Plan proposed a revised Articles of Confederation that kept the federal system as it was and protected the power of the States. It also supported a single-housed Congress with seats based on equal representation.
The Great Compromise, otherwise known as the Connecticut Plan, proposed that Congress would have two houses. Seats in the House of Representatives would be based on state population while each state would have two votes in the Senate.
Describe how the following philosophers influenced the Founders of the United States- John Locke, Thomas Hobbes, and Baron de Montesquieu.
John Locke - the purpose of a government is to protect its citizens' natural rights (life, liberty, and property); citizens can break from government if it becomes too corrupt or not in their best interest
Thomas Hobbes - people give up some freedoms in exchange for safety and order
Baron de Montesquieu - separation of powers and checks and balances
Describe why seniority is important in Congress. How does it impact the leadership?
Seniority in Congress plays a role in determining committee assignments and leadership. Those with long, continuous service are more likely to be assigned to desirable committee assignments and also be chairs of committees. In the Senate, the most senior member of the majority party is the President Pro Tempore.
Explain in detail how a bill becomes a law.
1. Bill is introduced to the House or Senate floor
2. Rules Committee (in HoR) or party leaders (in Senate) assign the bill to a committee
3. Subcommittees will typically hold hearings, conduct research, and mark-up or revise the bill.
4. The committee will decide whether to mark-up and release the bill or table the bill (ultimately killing it). In the House, a discharge petition can be signed by 218 representatives to take the bill out of consideration and onto the floor for debate.
5. Next, the bill we be debated on. In the House, the Rules Committee will decide the rules for debate (open or closed), and if important, the bill will be referred to the Committee of the Whole for debate. Debate in the Senate is a lot less formal, so lots of amendments are usually added. Senators may also filibuster to delay the vote.
6. Both chambers will vote on the bill. If passed, it will be sent to a conference committee to reach a compromise. Final versions are sent back to both chambers for approval.
7. Finally, the President may either pass the bill (sign or ignore for 10 days) or veto it (or pocket veto if the bill is ignored and Congress adjourns within 10 days). Congress may override the veto with a 2/3 majority vote.
How does the government use categorical, project, formula, and block grants?
Categorical grants are provided by the federal government to state/local governments for a specific purpose.
Project grants fall within categorical grants, but state/local governments must compete for the grants based on the merit of their proposals.
Formula grants, also categorical, are distributed according to a formula specified in legislation or regulation.
Block grants provide fund for a certain, more general purpose with few rules as to how that purpose is to be achieved.