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MARB 435: EXAM 1
What does it mean for a representative to be a delegate? A trustee? |
Delegate: represents the interests of their constituents, even if they don't agree
Trustee: acts in the best interest of their constituents
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Why did Britain impose tax on the colonists? How did the colonists respond? |
Britain taxed the colonists to pay for the Seven Years War/French and Indian War. The colonists responded by meeting at the Stamp Act Congress, boycotting, forming groups like the Sons & Daughters of Liberty, protesting, and being vigilant. |
Describe the two declarations |
Declaration of American Rights: reasserted home rule (ignoring British law), organized de fact governments, called for complete boycott of all trade with Britain until they rescinded the acts, and created Committees of Observation to enforce the boycott
Declaration of Independence: prompted by Thomas Paine's "Common Sense", written by Thomas Jefferson |
What were the major problems under the Articles of Confederation? How did the Constitution address those problems?
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Major problems: weak natl. gov., could not tax, no single natl. currency, inability to raise an army, required unanimous approval to amend, only a Congress, each state only had one vote, regardless of size, couldn't enforce attendance, final court for dispute b/w states, Confederation accepted war debts (which it couldn't pay), could not regulate commerce b/w states |
What was the significance of Shays’ Rebellion? |
It highlighted the issues of the Article of Confederation and led to the meeting of the Constitutional Convention 1787. |
What were the elements of the Virginia Plan? |
bicameral legislature w/ apportionment based on population (large state advantage)
lower chamber elected by citizens
upper chamber/executive/courts selected by lower chamber
legislature can make any law & invalidate any state law
Council of Revision (exec & court) can veto legislation |
What were the elements of the New Jersey Plan? |
unicameral legislature w/ equal representation of each state regardless of population
legislature has same powers as AoC (added authority to tax & regulate commerce) but could exercise supremacy clause over state legislation
plural executive can be removed by legislature
courts appointed by executive
supreme court hears appeals in limited number of cases |
What were the arguments between the “big” states and “small” states? How did the Great Compromise (a.k.a. the Connecticut Plan) solve this problem? |
Arguments: small states vs. large states, unicameral vs. bicameral, popularly elected vs. state legislature elected, term lengths & requirements to pass legislation
Great Compromise: bicameral legislature, lower branch (House) based on population & popularly elected- 2 yr terms, upper branch (Senate) had equal representation selected by state legislatures- 6 yr terms, simple majority required to pass legislation |
Describe the 3/5 rule. |
slaves would be counted for representation as 3/5ths of a person |
Who were the federalists? |
favored strong centralized gov and advocated the Const |
Who were the anti-federalists? |
worried about strong central gov., favored state autonomy, wanted a Bill of Rights |
What is the difference between an implied power and an enumerated power? |
implied powers: powers of the natl. gov. derived from enumerated powers & the necessary & proper (elastic) clause
enumerated powers: powers of the natl. gov. specifically granted to Congress |
What are the reserved powers? |
powers reserved to the states by the 10th Amendment that lie at the foundation of a state's right to legislate for the public health and welfare of its citizens |
What are concurrent powers? |
powers shared by the natl. and state gov |
What is the Commerce Clause? How has it been used to expand the power of Congress? |
Commerce Clause: the power to regulate interstate commerce
It is the primary vehicle that Congress has used to expand natl. power |
What is the process for amending the Constitution? What is the typical way of amending the constitution? What way has never been used?
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Proposal: 2/3rds vote in both houses of Congress (TYPICAL) OR 2/3rds vote of state legs specifically requesting congress to call natl. convention (NEVER USED)
Ratification: legs in 3/4ths of the states (TYPICAL) OR conventions in 3/4ths of states (ONLY USED ONCE)
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What is the “Supremacy Clause” (a.k.a. Article 6)? |
Supremacy Clause: mandates that natl. law is supreme over all other laws passed by states or any other subdivision of gov. |
Why has the Constitution lasted so long? |
It is a dynamic (changing) document |
What is the Bill of Rights? Who was the author? Were they a part of the original Constitution?
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Bill of Rights: first 10 amendments to the constitution by James Madison, NOT original to the Const. |
What is federalism? |
sys of gov. in which the natl. and state govs share power and derive all authority from the people- designed to remedy problems in the Articles of Confederation |
What is dual federalism and shared federalism? |
Dual Federalism: belief that having separate and equally powerful levels of gov. is the best arrangement- two sovereign forms of gov- Layer Cake Federalism
Shared Federalism: state and natl. govs share responsibility- Marble Cake Federalism |
What are the pros and cons of federalism? |
Pros: divided responsibility, shared responsibility, multiple minds working, better democracy (more responsive, more opportunity to be heard/get involved, don't like it? move!)
Cons: confusion about responsibility, dispute about responsibility, differing approaches, inconsistent policies (difficult for doing business), tyranny of the majority
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How has the national government expanded its powers? |
Expanded powers through grants (categorical and block grants) and unfunded mandates |
What are the two key Supreme Court cases that helped to solidify the Commerce Clause and the Necessary and Proper Clause? Be able to describe the cases.
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McCulloch v. Maryland: MD tried to tax natl. bank- "Necessary and Proper Clause"
Gibbons v. Ogden: NY and NJ tried to give monopoly over shipping on Hudson River- "Commerce Clause" |
What is the importance of the 10th Amendment?
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10th Amendment: powers not delegated to US gov by the Const, nor prohibited to the states, are reserved to the states or to the people- basis for state authority |
What are the different types of grants? What is the difference between the “carrot” and “stick” approaches?
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Categorical grant, revenue sharing, block grant
Carrot- give money in return for policy; Stick- force state to enact policy w/out money |
What is the basic structure of Congress? |
Bicameral
House of Representatives
Senate |
How are members of Congress elected? Does this differ between the chambers? What are the term limits? How many does each state have? |
Congressmen elected by the people in both chambers (thanks to 17th amend.)
House: 2yrs, Senate: 6yrs
Each state has at least 3 congressmen: 2 Senators and at least 1 Rep based on population |
Describe reapportionment and redistricting. |
Reapportionment: census taken every 10 years, 435 seats apportioned among states according to population
Redistricting: drawing boundaries of Congressional Districts |
What is gerrymandering? What has the Supreme Court said about it?
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Gerrymandering: drawing lines of Congressional districts in order to give an advantage to a party or political interest
Supreme Court says...
must be based on population
district lines must be contiguous
states may redistrict more than every 10 yrs
may enhance minority interests as long as race is not "predominant factor" |
Describe the coattail effect and the referendum effect. |
Coattail effect: president's party gains seats in a pres. election year
Referendum effect: president's party loses seats in a midterm election |
Why do incumbents have such an advantage in elections? |
fund raising
franking privileges
credit claiming
casework
experience
redistricting |
Describe logrolling and pork-barrel spending. |
logrolling: vote swapping- "I'll scratch your back if you scratch mine"
pork-barrel spending: earmarking money for projects in their district
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What are the three main organizing structures of Congress? |
Congressional Parties, Committee System, Caucuses |
Describe the party structure in Congress. |
House of Representatives
Speaker of the House
Majority/Minority Leaders
Party Whips
Rank-in-File Members
Conference/Caucus
Senate
Vice President
President Pro-Tempore
Majority/Minority Leaders
Assistant Majority/Minority Leaders
Rank-in-File Members
Conference |
Describe the party structure of the Senate. |
Vice President
President Pro-Tempore
Majority/Minority Leaders
Assistant Majority/Minority Leaders
Rank-in-File Members
Conference |
Describe the committee structure in Congress. What are the different types of committees? How are committee chairs selected?
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Standing Committees, Select Committees, Joint Committees, ad hoc Committees (ONLY IN THE HOUSE), Conference Committee
Committee chairs selected by party leaders based on loyalty |
Be able to describe the process for how a bill becomes a law. |
Committee--> Subcommittee--> House Rules Committee--> Full House--> Committee--> Subcommittee--> Full Senate--> President |
How does debate in the House and Senate differ? |
House: rules committee determines rules for debate
Senate: no rules on debate--> hold or filibuster! |
What is a filibuster and how is it broken? |
Filibuster: formal way of halting Senate action on a bill by means of long speeches or unlimited debate
Broken by Cloture- requires 3/5ths of Senate vote
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What are the Constitutional requirements to be president? |
natural born citizen
at least 35yrs old
resident of US for at least 14yrs |
What are the President’s three main constituencies? |
natl. constituency
partisan constituency
partisan support in Congress |
What is a veto? Pocket veto? Line-item veto? What has the Supreme Court said about line-item veto? |
Veto: formal, constitutional authority of Pres. to reject bills
Pocket Veto: if congress adjourns during the 10 days the Pres. has to consider a bill, it is considered vetoed without the Pres's signature
Line-Item Veto: authority of chief exec. to delete part of a bill passed by legislature that involves taxing/spending- UNCONSTITUTIONAL
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Describe the War Powers Act of 1973 (AKA War Powers Resolution of 1973) |
Pres. must inform Congress prior to sending troops into harm's way, must notify w/in 48hrs; Congress can order troops be pulled back after 60 days if they don't declare war or authorize use of force |
What are the presidential inherent powers? Be able to describe each.
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Emergency Powers: acts in emergency situations
Executive Orders: Pres. directive that has FORCE OF LAW, but not enacted by congress
Executive Agreements: make agreements w/ other countries and has legal status "higher" than ordinary laws
Executive Privilege: right to keep secrets from congress and courts
Power to Pardon
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Describe the impeachment process |
House Charges (simple majority vote, 50% + 1)
Senate Convicts (2/3rds vote)
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What does the 12th Amendment do? 22nd? 25th? |
12th Amendment: Electors vote for President and VP with the same vote
22nd Amendment: prevents a Pres. from serving more than 2 terms, or more than 10 yrs if he came to office via death, resignation, or impeachment of his predecessor
25th Amendment: establish procedure for filling vacancies in the office of Pres & VP as well as providing for procedures to deal w/ disability of Pres |
What is the make-up of the Supreme Court? Describe the nomination process. |
8 associate justices and 1 chief justice
Nomination Process: President nominates, Senate approves
nominations referred to Senate Judiciary Committee- investigates |
What is judicial review? Which major case established this idea? |
Judicial Review: power of the courts to review acts of other branches of gov. and the states
established by Marbury v. Madison (1803) |
What is the difference between judicial activism and judicial restraint? |
Judicial Activism: philosophy of judicial decision making that posits judges should use their power broadly to further justice
Judicial Restraint: philosophy of judicial decision making that posits courts should allow the decisions of other branches of gov. to stand, even when they offend a judge's own principles |
What is “standing?” |
must demonstrate that they have a substantial stake in the outcome of the case |
What was the court-packing plan? |
FDR's plan to add 1 justice for every justice over the age of 70 (6 new justice) to fill the court w/ supporters of his policies (New Deal) |
What are the 3 types (tiers) of courts? |
Trial Courts- district
Appellate Courts- circuit
Courts of Last Resort- supreme |
What is the difference between criminal law and civil law? |
Criminal Law: behavior related to protection of property and personal safety
Civil Law: behavior related to the conduct and relationship b/w individuals and groups
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What does original jurisdiction mean? What are the three types of cases that qualify as original jurisdiction? |
Original Jurisdiction: only the supreme court can hear these cases- they start here
cases b/w 2 or more states
cases involving foreign ambassadors
cases brought by one state against citizens of another state or foreign country
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What is the writ of certiorari? Stare decisis? |
writ of certiorari: when 4 of the 9 justices agree to review a case it is granted "cert"; request for Supreme Court to order up the records from a lower court to review the case
stare decisis: reliance on past decisions (precedents) to formulate decisions in new cases
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Be able to describe the steps of the Supreme Court’s process. |
Writ of Certiorari
Preparation: briefs submitted by both sides and amicus curiae
Oral Arguments: both sides present arguments w/ time limit- Solicitor General
Conference: justices meet to give stance on the case and discuss it, chief assigns majority opinion
Written Opinion
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What is an amicus curiae brief? |
attempts by parties not directly involved in a case to influence the court |
What are the different types of court opinions? |
Majority Opinion: official decision of the court
Concurring Opinion: justices agree w/ final decision, but have different reason for reaching that conclusion
Dissenting Opinion: justices that do not agree w/ the majority often explain their differences in a separate opinion |
What is a precedent and why are they important? |
Precedent: prior decisions that help courts to decide how they should decide a case
Important because of slippery slope arguments- can be later applied in ways unforseen. |