PLSC 2003: TEST 4
171 Cards in this Set
| Front | Back |
|---|---|
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Judicial Activism
|
Idea that supreme court justicies should interpret the wording and meaning of the Constitution a little more loosely considering changes in social values when deciding laws.
|
|
Judicial restraint
|
Idea that the Supreme Court justices should interpret the constitution strictly, staying very close to the original wording and meaning of the document
|
|
the principle of judicial review
|
happened under john marshall, established that the court had the right to limit the actions of congress
|
|
Civil court vs Criminal court-what are the differences?
Criminal:
|
Criminal:
- Plaintiff is always the government, never an individual
- This is b/c only the gov can bring a case where the defendant may go to jail/die
- Crime is against society rather than an individual
- Criminal courts may asses jail time, fine…
|
|
Civil court vs Criminal court-what are the differences?
Civil:
|
-Plaintiff is an individual or a business that is claiming someone has harmed them. This is often for breach of contract
-Actions may be crimes but civil court does not assess it that way
-It determines the facts and sets a punishment
-Decisions can be appealed like criminal cases but…
|
|
Plaintiff
|
The person that brings the case and claiming an injury
|
|
Defendant
|
person accused of the wrongdoing
|
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Packing the court
|
President nominates supreme court justices that he likes, and they stay for a while
|
|
The requirement of “standing” for one person to pursue a case against another person
|
Right to bring case to court. An individual must be directly involved in an issue to have standing
|
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Jurisdiction
|
The legitimate authority to hear a particular case. Jurisdiction in fed courts falls into three categories; subject of the case, parties to the case, geographic.
|
|
Concurrent Jurisdiction
|
Some suits may be heard in either fed or state courts. At times jurisdiction over a case may be unclear and contested. A court may want to hear a case or it may not want to if the case is really controversial
|
|
Exclusive Jurisdiction
|
cases where the fed courts are the only court with authority over a case
|
|
Court of original jurisdiction
|
Court where a case is heard the very first time
|
|
Appeals court
|
Courts that only hear cases that have been appealed from the court of original jurisdiction
|
|
US circuit courts of appeals
|
Have only appellate jurisdiction. Here only cases where the legality of the lower courts decision is in question.
|
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The power of concrete review.
|
Court has power that allows it to overturn lower court decisions that are brought before it on appeal. The court has the power but must wait for sokeone to file a case in lower court and the case must make its way, on appeal to the highest courts. Courts with only concrete review power ar…
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Full faith and credit clause
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states must honor the laws and judicial decisions of other states
|
|
Privileges and Immunities Clause
|
Prohibits states from discriminating against citizens of other states
|
|
Miranda v. Arizona (1966)
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rights to be informed "miranda rights"
|
|
Agents of political Socialization
|
Family (religion, schools, friends, education), race, gender, socio-economic status, political party affiliation, political events
|
|
Political equality means:
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Everyone's vote counts the same.
|
|
Soft money
|
$ given to a political party, which is funneled by the party into the campaign, or is spent indirectly on a campaign
|
|
Hard money
|
$ given directly to a candidate
|
|
Where do Public Presidential Campaign Finance Funds come from?
|
Federal election campaign act provides for public funds to support campaigns. Comes from taxes
-Candidates must raise 5k in twenty states from contributions of 250 or less
-Fed matches amount raised for the early activites
- If a candidate take the fe money he may not accept othe…
|
|
Presidential candidates are formally nominated by or at:
|
Party conventions
|
|
Political Ideology
|
a comprehensive system of belief about what government should do
|
|
Eminent Domain
|
The action of a government to take property for public use with just compensation even if the owner does not wish to sell.
|
|
What limits can Congress impose on the Supreme Court?
|
establish the number of justices,Congress can write legislation changing SC decisions.
|
|
The president has pardon power over?
|
federal offenses against the US except cases of impeachment.
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What power does the President hold over the Judiciary?
|
Nominate judges
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The media functioning as agenda setter
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Choosing what issues we think about. When the media decide to highlight a particular problem, politicians give it moe attention than other issues because the public paying attention to that issue.
|
|
the media fulfilling its function as investigator
|
Investigative Journalism, “Muckraking”- use of in depth reporting to unearth scandals and scams put reporters at odds with politicians and contributed to greater public cynicism about politics
|
|
The reason that political parties are said to be decentralized is:
|
State organizations are more powerful than national. State elections happen more often so the state party has more practice, every election in the nation is state or local except for the presidential
|
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What is politics?
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Struggle for power, stuggle to determnie or influence decisions that affect all citizens w/ in geographic boundary
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Political Power
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ability to influence outcomes of decisions, and sometimes force people to do what they dont want to. In US political power has limts, both on what gov can and cannot do to the people
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What is belief in your own political efficacy?
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your vote counts -belief that you the ability to affect gov and politics. A lack of which leads to aphathy and lack of political involvement
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Theocracy
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Religion @ basis of gov. What establishment clause wanted to prevent
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Authoritarian government
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citizens have very little say, highly centralized, few people in power
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Direct Democracy
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Every citizen votes directly on policies
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Representative Democracy
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what we have, people elect represenatives who vote on policies "hireing committee"
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Constitutional Democracy
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A government whose power is limited by a constitution and allows the people to vote for their representatives
|
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What was the purpose of the Declaration of Independence?
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-to forge nation out of very different groups of people -anouncement to the world that we're our own nation
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What was wrong with the articles of confederation?
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=-NO CENTRAL GOV -NO power to levee taxes, all money was voluntairly dontated by colonies -NO CENTRAL defense only state militias -NO real law making power -NO ability to regulate b/w states -NO executive office -NO power to make treaties
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Why is Shays rebellion important?
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it illustrated a fundamental weakness in the Articles – the inability to keep the peace. This and other rebellions stimulated interest in having stronger national government and standing army.
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federalism
|
sharing the power between a central government and the states
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Connecticut Compromise (Great Compromise)
|
The compromise between the large and small states at the Constitutional Convention according to which population would be the basis for representation in the first branch of the new national legislature and equality of the states in the second.
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What was 3/5 compromise? why was it important?
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slaves counted for 3/5s of a person gave south more political power aka more representatives
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Social Contract Theory
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#NAME?
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Political Equality
|
All citizen are equal in the political process "one person, one vote"
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Separation of Powers and Checks and balances
|
Government power is separated, each branch has power to limit others -supreme court has power of judicial review -President has Veto power, congress can overide with 2/3 vote -congress is divided and must reconcile a bill before it goes to the president
|
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national supremacy
|
#NAME?
|
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Popular Sovereignty
|
Political authority ultimatly rests in hands of citizens
|
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Limited Government
|
gov has to play by the rules and what power it does have was given by the people
|
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Judicial review
|
power of courts to review the constitutionality of laws or government actions ref enfourcing rules
|
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Major Constitutional Principles
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1. Separation of powers/ checks and ballances 2. national supremacy 3. popular sovereignty 4. Federalism 5. Limited Government 6. Judicial Review
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Due Process
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-Cant just be arrested for no reason -Again gov has to play by the rules -
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Concurrent Powers
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powers in gov that are shared by fed and state ex: tax, build roads, establish bankrupcy laws, and create lower courts
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Enumerated POwers
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powers explicitly granted to congress, the president, or the supreme court in the first three articles of constitution. - listed or expressed powers -Taxes, declaring wars, coin money, establish post offices and roads
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Inherent Powers
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authority claimed by the president that is not clearly specified in the Constitution, usually during times of crisis assumed powers
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The Establishment Clause
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prohibits gov from establishing specific religion
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free exercise law
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first amendment requirement that law cannot prevent free exercise of religion unless ridiculous
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Full faith and credit clause
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states cant play favorites between their citizens and citizens of other states -they must honor civil rulings of other states
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necessary and proper clause:
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= convenient, useful, common sense, and proper, i.e. not prohibited by const. (doesn't have to have indispensable) Rubber band clause. expands enumerated powers to cover all contingencies
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Privileges and Immunities Clause?
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states must honor criminal laws of other states
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What is government
|
the institutions and procedures through which a defined geographic territory and the people that live within the borders are ruled
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Suffrage or franchise:
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ability to vote
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Pluralism
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many groups in society that impact policy (special interest groups etc.)
|
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What were the primary issues dividing the Framers?
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1. The nature of the relationship between the nation and the states: how should power be distributed 2. Representation: Should it be by state (each state with an equal # of votes) or by population 3. What to do about slavery 4. How to elect the president
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What were the founding fathers reservations about a democratic gov
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1. did not believe that the people could/should rule directly 2. public affairs to be left to the "better" parts of society 3. protect people from to much government intrusion 4. protect the wealthy (themselves) from government intrusion on personal property rights. MOSTLY: 1. EXCESS OF D…
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Virginia plan
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3 branches of gov 2 houses congress to elect the president and appoint federal judges
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New Jersey Plan
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Strengthening the articls not replacing one house with representatives chosen by the state legislatures give congress power to raise $ from imports and the postal service (still no taxes) Create a supreme court
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Federalist Favored...
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Strong Central government, strong national laws protecting private property, high property owning limits on who could participate in government (keep out the riff raff), a senate elected indirectly, and modeled after UK house of lords, President elected indirectly who had more power than …
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Anti-Federalist Favored...
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=-strong state GOV and a weak national GOV -fewer limits on who could participate -a directly elected legislature, that had more power than the President -a government that was accountable for its actions
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Federalist vs Anti-Federalist
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The federalist feared the people and the Anti-Federalist feared the government. The result is a document designed to prevent tyranny, both from the bottom and the top
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Civil Liberties
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Come from Bill of rights, Protection against government infringement on the rights of citizens
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Civil Rights
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stem from 14th amendment = every citizen in every state has right to be treated equally. (PUTS LIMITATIONS ON WHAT GOV OR CITIZENS CAN DO BASED ON GROUP IDENTITY)
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Differences between Civil Liberties and Civil Rights
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civil liberties are protection from gov, civil rights are limitations on what gov or CITIZENS may do based on group identity
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why is Freedom of speech important to Democracy
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Democracy depends on the right of citizens to freely say what they think. Free speech is necessary if we are to discuss the validity of competing ideas
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Exceptions to free speech
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Obscenity, slander, not protected if false or malicious
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Symbolic Speech
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Symbolic actions, wearing T shirts w/ stupid logos is protected. Cross burning is not when designed to intimidate. Burning the american flag is protected.
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Judicial review
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supreme court has right/responcibility to oversee that laws passed by gov are constitutional
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Plessy v Ferguson
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seperate but equal, came about because of rail travel and sepperate cars
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Miranda v Arizona
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Miranda Rights. They kept throwing cases out of court until law enforcement agencies began to take it seriously. The idea that evidence can be thrown out pisses public off
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Civil Rights act of 1964
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outlawed unequal application of voter registration requirements, racial segregation in schools workplace and public accommodations, -prohibited discrimination in public facilities, government, and in employment invalidating jim crow laws
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Voting Rights act of 1965
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prohibited states from imposing any voting qualification or prereqs to voting -prohibted act of denying the right of any citizen of the US to vote on account of race or color -Congress intended the Act to outlaw poll taxes, literacy test, and whites only primaries.
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Affirmative Action
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process of trying to correct past disparities by promoting the interest of groups
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Compelling Interest
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What gov must prove in defining a group based on civil rights or prohibiting a religious practice
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Jim Crow laws
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laws passed in states after civil war to prevent blacks from having same rights as whites
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De jure Segregation
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"concerning law": Segregation that is imposed by law
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De facto segregation
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"concerning fact": segregation from widespread individual preferences
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Levels of soverignty in the US
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State Fed
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Who is protected from Discrimination based on group membership
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racial/ethnic groups, women, gays, skin heads, old/young people
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The exclusionary rule
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court ruling that said gov cant use illegally obtained evidence in court
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1st amendment
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freedom of religion, speech, press, peaceable assembly, petition
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2nd Amendment
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right to bear arms, point was to protect the right of the millita to bear arms
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5th amendment
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includes eminent domain and self incrimination, and right to have a grand jury to determine if there is enough evidence to prosecute.
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Eminent domain
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right of gov or its agent to take a private property for public use with payment of compensation
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Self Incrimination
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5th amendment protects people from being forced to incriminate themselves
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14th amendment
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Used to make the bill of rights apply @ the state level and has been used to extend civil rights to citizens. Includes equal protection clause, due process clause
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Equal protection clause
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No state shall deny any person within its jurisdiction equal protection of the laws
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Due process clause
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means that national and state governments may not move against citizens in any way, except within frame work of the law.
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Substantive Due Process
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laws must be reasonable
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Procedural Due Process
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refers to manner in which the laws are administered
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Who normally presides over the Senate when it is in session?
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Vice President, President Pro-Tempore when hes gone
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Who draws House district boundaries?
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State legislatures
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Redistricting is done how often?
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Every 10 years? It depends I think
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Who is the President Pro Tempore of the Senate?
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Senator from majority party who has been in senate the longest. Presides when VP not there
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Why was the War Powers Act passed? What does it do? What does it not do?
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To put limits on the ability of Pres to send troops w/o Congress approval. Req pres to : · Pres can only send combat troops into “imminent hostilities” for 60 days w/o decleration of war by congress or congressional mandate · Pres can extend time ^^^ by 30 extra days · …
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What are the basic working units of Congress?
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Standing committees, permanent committee that works on legislation, about 1-2 specific issues, before a bill can be sent to full membership for a vote it must pass through the committee associated with it. Usually where bills die
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What does the Speaker of the House do?
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Selects officers, controls debate on the floor, selects all committee chairs and his part has a majority on all committees. Why which party has majority is so important
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What does the Speaker of the House do?
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2 nd behind VP
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What is the filibuster? Where does it happen?
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Debate in senate by a 1 or a group of senators that are thrying to block legislation. Since senate dosnt have time limit on debate a senator can take the floor and keep talking as long as they want. As long as they don’t relinquish the floor and keeps talking no one else can make a motio…
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What is incumbent advantage? What are examples?
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The Franking Priviledge- each congressman gets allowance to send mail to constituents for free. Name recognition, Press relationships, Packing for safe seats, incumbents get re-elected at very high rates, incumbents can attract and spend more money than rivals
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Gerrymandering—What is it? Why is it done?
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Redistricting to give an advantage to a particular party (only applies to house) Packing- making sure that a district has a large number of people from the same political party, usually that of the party currently in power. Gives that party a safe seat . Cracking- splitting the opposition…
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The coattail effect?
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Easier for a congressman to get (re)elected if he/she belongs to the same party as a popular president, or is trying to fill the seat of a retiring congressman from same party.
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Pork barrel legislation
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Legislation designed to bring the constituency jobs and public money for which members of congress can claim credit. i.e. bridges or a new school, a policy that promotes economic development in a particular area. Very Controversial, but will never disappear because it is what makes the vo…
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The Franking privilege
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each congressman gets allowance to send mail to constituents for free, often abused power
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The formal duties of the Vice-President include what?
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=-power almost entirely depends on the President -Preside over senate and succeed to the Presidency -As executive office has grown many Presidents are delegating more and more duties to VP, however it is not a formal arrangement, entirely dependent on Pres and VP’s Relationship
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How are ambassadors chosen?
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Senate approval of Presidential nomination
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Who or what does Congress have the power to investigate?
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Any part of both of the other branches of government. Called investigative powers
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Which committee always has members from both the House and Senate?
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Joint Committees- member of both chambers work together in permanent committees on issues similar to the standing committees
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What is executive privilege?
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Idea that the Presidents conversations with his advisors, or anyone else, may not be repeated without his permission
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What is an executive agreement?
|
International agreements between the Pres. And other heads of state, don’t require senate approval. May make hundreds per year -Has the sole authority to recognize (or not) foreign governments -Can back his diplomacy with military power
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What is an executive order?
|
Legally binding orders given by Pres. To Federal Administrative agencies. Generally used to direct fed agencies and officials in their execution of congressionally established laws or policies. Many instances has been used other way around to guide contrary to congressional intent. Don’t …
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What is the purpose of a conference committee?
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Temporary committees that are made to iron out differences between the house and senate versions of a bill.
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Impeachment proceedings always start in…..
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the house, they investigate allegations and bring charges against pres or high ranking official. The Senate tries and has to prove that the individual is guilty of “High Crimes and Misdemeanors”. Takes 2/3 vote to impeach
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Who ratifies treaties? Why?
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President forms and negotiates the treaty, must be advised and consented to by a 2/3s vote in the senate. Then the President ratifies it. Makes it harder to rally enough political support for international treaties.
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Your set of beliefs about what government ought to do and how it ought to do it is a:
|
Political ideology
|
|
Why do we have the Electoral College?
|
Protect the Presidency from popular pressure & stop public from electing an unsuitable president -supposedly make electing a President less dependent on the political parties. Has not worked as electors are now pledged to one party or another at the time of the election -Cant …
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Why did the “Framers” of the constitution make sure that the Commander-in-Chief of the military is a civilian?
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To prevent military take-over and to prevent too much emphasis on military over negotiation
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What are the President’s express powers?
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Make treaties, grant pardons, nominate federal judges and other public officials, receive ambassadors, and command the military.
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What is the Office of the White House?
|
“The Kitchen Cabinet”- Presidents personal advisors and friends, don’t have to be approved by congress, often patronage jobs, Where Chief of Staff works, Control who does and doesn’t get to see Pres. = Gatekeeping –may interfere with Pres. Relationship w/ Congress
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What is a delegate in the role of a Congressperson?
|
An elected representative that acts in perfect accord with the wishes of their constituency. Usually favored in the house
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What is a trustee in the role of a Congressperson?
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Elected representative that believes their judgment should be predominantly used in making legislative decisions. Usually favored in the Senate.
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#4
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...
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...
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...
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|
Judicial Activism
|
Idea that supreme court justicies should interpret the wording and meaning of the Constitution a little more loosely considering changes in social values when deciding laws.
|
|
Judicial restraint
|
Idea that the Supreme Court justices should interpret the constitution strictly, staying very close to the original wording and meaning of the document
|
|
the principle of judicial review
|
happened under john marshall, established that the court had the right to limit the actions of congress
|
|
Civil court vs Criminal court-what are the differences? Criminal:
|
Criminal: - Plaintiff is always the government, never an individual - This is b/c only the gov can bring a case where the defendant may go to jail/die - Crime is against society rather than an individual - Criminal courts may asses jail time, fines, res…
|
|
Civil court vs Criminal court-what are the differences? Civil:
|
-Plaintiff is an individual or a business that is claiming someone has harmed them. This is often for breach of contract -Actions may be crimes but civil court does not assess it that way -It determines the facts and sets a punishment -Decisions can
|
|
Plaintiff
|
The person that brings the case and claiming an injury
|
|
Defendant
|
person accused of the wrongdoing
|
|
Packing the court
|
President nominates supreme court justices that he likes, and they stay for a while
|
|
The requirement of “standing” for one person to pursue a case against another person
|
Right to bring case to court. An individual must be directly involved in an issue to have standing
|
|
Jurisdiction
|
The legitimate authority to hear a particular case. Jurisdiction in fed courts falls into three categories; subject of the case, parties to the case, geographic.
|
|
Concurrent Jurisdiction
|
Some suits may be heard in either fed or state courts. At times jurisdiction over a case may be unclear and contested. A court may want to hear a case or it may not want to if the case is really controversial
|
|
Exclusive Jurisdiction
|
cases where the fed courts are the only court with authority over a case
|
|
Court of original jurisdiction
|
Court where a case is heard the very first time
|
|
Appeals court
|
Courts that only hear cases that have been appealed from the court of original jurisdiction
|
|
US circuit courts of appeals
|
Have only appellate jurisdiction. Here only cases where the legality of the lower courts decision is in question.
|
|
The power of concrete review.
|
Court has power that allows it to overturn lower court decisions that are brought before it on appeal. The court has the power but must wait for sokeone to file a case in lower court and the case must make its way, on appeal to the highest courts. Courts with only concrete review power ar…
|
|
Full faith and credit clause
|
states must honor the laws and judicial decisions of other states
|
|
Privileges and Immunities Clause
|
Prohibits states from discriminating against citizens of other states
|
|
Miranda v. Arizona (1966)
|
rights to be informed "miranda rights"
|
|
Agents of political Socialization
|
Family (religion, schools, friends, education), race, gender, socio-economic status, political party affiliation, political events
|
|
Political equality means:
|
Everyone's vote counts the same.
|
|
Soft money
|
$ given to a political party, which is funneled by the party into the campaign, or is spent indirectly on a campaign
|
|
Hard money
|
$ given directly to a candidate
|
|
Where do Public Presidential Campaign Finance Funds come from?
|
Federal election campaign act provides for public funds to support campaigns. Comes from taxes -Candidates must raise 5k in twenty states from contributions of 250 or less -Fed matches amount raised for the early activites - If a candidate take the fe money he may not accept other campaig…
|
|
Presidential candidates are formally nominated by or at:
|
Party conventions
|
|
Political Ideology
|
a comprehensive system of belief about what government should do
|
|
Eminent Domain
|
The action of a government to take property for public use with just compensation even if the owner does not wish to sell.
|
|
What limits can Congress impose on the Supreme Court?
|
establish the number of justices, Congress can write legislation changing SC decisions.
|
|
The president has pardon power over?
|
federal offenses against the US except cases of impeachment.
|
|
What power does the President hold over the Judiciary?
|
Nominate judges
|
|
The media functioning as agenda setter
|
Choosing what issues we think about. When the media decide to highlight a particular problem, politicians give it moe attention than other issues because the public paying attention to that issue.
|
|
the media fulfilling its function as investigator
|
Investigative Journalism, “Muckraking”- use of in depth reporting to unearth scandals and scams put reporters at odds with politicians and contributed to greater public cynicism about politics
|
|
The reason that political parties are said to be decentralized is:
|
State organizations are more powerful than national. State elections happen more often so the state party has more practice, every election in the nation is state or local except for the presidential
|
PLSC 2003: TEST 4