US Government
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Created by:
Gregtrenk1127 on May 28, 2012
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130 terms
Terms | Definitions |
|---|---|
Article 1, Section 8 | Powers of Congress |
Article 1, Section 9 | Powers denied to Congress |
Article 1, Section 10 | Powers denied to States |
Article 1, | Article dealing with Legislative department |
Article 2 | The Executive Branch |
Article 2, Section 2&3 | President's powers and Duties |
Article 2, Section 4 | Impeachment |
Article III | The Judicial Branch |
Article 3, Section 1 | Judicial Powers |
Article IV | Relations Among States |
Article IV, Section 1 | Full Faith and Credit clause; Federal law that requires one state recognize the contracts (drivers license, marriage), public acts and court proceedings of another state. |
Article V | Provisions for Amendments |
Article VI | Public Debts; Supremacy of National Law, Oath |
Article VI, Section 2 | Supremacy of National Law: no state can make a law that conflicts with the Constitution; Law of the Land |
Article VII | Ratification of the Constitution |
1st Amendment | Freedom of Speech, Religion, Press, Assembly, and Petition |
2nd Amendment | Right to Bear Arms |
3rd Amendment | No quartering of troops |
4th amendment | no illegal search and seizure |
5th Amendment | Right to trial; Due Process |
6th Amendment | Right to a speedy trial (Criminal Trials) |
7th Amendment | Civil Trials by a jury |
8th Amendment | no cruel or unusual punishment |
9th Amendment | Powers Reserved to the People |
10th Amendment | States Rights |
12th Amendment | How we elect a President/Vice-President |
13th Amendment | Freedom of Slaves |
14th Amendment | Rights of Citizens |
15th Amendment | Black men can vote |
17th Amendment | how we elect senators |
20th Amendment | Lame Duck Laws, reduce the amount of time between the election of the President and Congress and the beginning of their terms. |
22nd Amendment | Term Limits, Limits the president to two terms, or a maximum of 10 years (i.e., if a Vice President serves not more than one half of a President's term, he can be elected to a further two terms). |
25th Amendment | Presidential Succession; , clarifies an ambiguous provision of the Constitution regarding succession to the Presidency, and establishes procedures both for filling a vacancy in the office of the Vice President as well as responding to Presidential disabilities. |
26th Amendment | 18 year olds can vote |
Conservatism | Seeks to keep in place the economic, political, and social structures of society; traditional, small government |
Liberalism | Beliefs that government must take action to change economic, political, and ideological policies thought to be unfair |
Constitutionalism | Constitution head of the government and must be followed strictly |
Federalism | Power divided by a central government and regional governments (state and local) |
Bicameralism | legislative body composed of two chambers |
Judicial Activism | Judges can interpret the law based on the changing society |
Capitalism | Economic system where people are free to won their own means of production to maximize profit |
Enumerated/Expressed Powers | The seventeen powers granted to the national government under Article I, Section 8 of the Constitution. These powers include taxation and the regulation of commerce as well as the authority to provide for the national defense. |
Inherent Powers | Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community |
Implied Powers | Those delegated powers of the National Government that are suggested by the expressed powers set out in the Constitution; those "necessary and proper: to carry out the expressed powers" |
Concurrent Powers | Those powers that both the National Government and the States possess and exercise |
Reserved Powers | Powers held by the states |
Marbury v. Madison | Chief Justice John Marshall; Court decided that Marbury did have the right to the commission because it was valid and the steps had gone through properly, just not delivered. The law of the land had been violated by Madison for not delivering the commissions; it was concluded that the supreme court had a power that they do not really have jurisdiction. Section 13 was deemed unconstitutional by the Supreme Court, this becomes known as Judicial Review which allows the Supreme Court to deem things as unconstitutional which safeguards the constitution. |
McCulloch v. Maryland | Maryland taxed banks, cashier in Baltimore said as a federal bank there was no right to tax him. It implied that the bank is constitutional and that the US can create a national bank, Maryland can't tax a national bank which made the taxing unconstitutional. |
Gibbons v. Ogden | Gibbons had a federal coasting license and Ogden had a Fulton/Livingstion monopoly. Ogden filed a complaint asking the court to restrain Gibbons from operating his boats. Gibbons' lawyer argued that Congress had exclusive national power over interstate commerce. The lower courts favored Ogden; when commerce only involves one state. But the Commerce involved both New York and New Jersey making it a National Matter. |
Plessy v. Ferguson | Plessy rode on the white train car to challenge the separate car act. Ferguson found him guilty and granted it constitution because he stayed in Louisiana that doesn't violate the 14th Amendment [rights of citizens] separate but equal. The 13th Amendment was not broken because it had nothing to do with slavery. |
US v. Nixon | A grand jury accused 7 of Nixon's closest aides in the Watergate Affair; the special prosecutor appointed by Nixon and the defendants sought audio tapes of conversations recorded by Nixon in the Oval Office. Nixon said eh had executive privilege that would excuse him from the subpoena that is the right to withhold information from other government branches to preserve confidential communications within the executive branch to secure the national interest. Court decided no one is above the law or can use executive privileges as an excuse to withhold evidence that is relevant in a criminal trial |
Roles of the President | Head of State, Chief Executive, Commander in Chief, Chief Legislator, Political Party Leader, Crisis Manager, and Moral Persuader |
Head of State | Chief Diplomat and symbol/representative of the United states. Serves as the ceremonial head of government in public functions |
Chief Executive | Administrator of the federal government; Oversees the operation of government agencies, appoints cabinet members, agency heads, other officials and sees that laws are properly enforced |
Commander in Chief | Civilian Commander of the US armed forces; Head of all the military branches |
Chief Legislator | national agenda setter; proposes bills for consideration in Congress; Initiates possible legislation and works with congress to achieve the Administration's goals |
Political Party Leader | Head of the party who assists in members' elections or appointments to office |
Crisis Manager | Lead country through disasters, both natural and manmade; Preserves order in times of national emergency |
Moral Persuader | The White House as a bully pulpit [meaning a platform from which to persuasively advocate an agenda] |
Constitutional Powers of the President | Formal: National Security pwers, Legislative Powers, Administrative Powers, and Judicial Powers.Informal: Executive Orders, Executive Agreements, and Executive Privilege |
National Security Powers | Serves as Commander in Chief of the armed forces, make treaties with other nations [must be approved by 2/3 of the Senate], and nominate ambassadors[with majority of the Senate's approval] |
Legislative Powers | Present info during the State of the Union address to Congress, recommend legislation to congress, adjourn congress if the House and Senate can't agree on adjournment, and veto legislation |
Administrative Powers | Nominate officials as provided for by the constitution and with agreement of the majority of the Senate, request written opinions of administrative officials, and fill administrative vacancies during congressional recesses |
Judicial Powers | Grant reprieves and pardons for federal offenses and nominate federal judges [confirmed by majority of the Senate] |
Executive Orders | Orders issued by the president that carry the force of law. Ex: Clinton's "Don't ask, don't tell" or FDR's Japanese Internment Camps |
Executive Agreements | International agreements made by a president that has the force of a treaty |
Executive Privilege | Claim by presidents that they have the discretion to decide that the national interest will be better served if certain information is withheld from the public, including courts and congress |
Checks on Presidential Power (Formal) | Formal: Checks by Congress[Article 1] (make laws, override presidential veto, power to declare war, power of the purse, regulation of the land and naval forces, impeachment powers, and impeachment trials) Limits on Presidential Power[Article 2] (President elected indirectly by the people through the electoral college, selection of president by the House in case of no majority of electoral vote, president must deliver the State of the Union every year, Senate approval for treaties and ambassadors, Senate approval for department appointments, Advice and consent of federal judge appointments by the Senate Checks by Judiciary [Article 3]- Judicial Review, Chief Justice presides over Impeachment Trial, Judicial Activism, and Judicial Restraint Constitutional Amendments- 12th, 20th, 22nd, and 25th |
Checks on Presidential Power (Informal) | Public Opinion- meant to drive the President's agenda The media- The press wields considerable influence over the public opinion by choosing what stories to cover, reporting the facts and expressing opinions Partisan Politics- the opposing party scrutinizes and criticizes the policies and decisions of the president and his administration Investigative Role of Congress- supports congress's constitutional role of oversight of the executive branch (see where and what the money goes to) Interest Groups and Non-Government Organizations- Attempt to influence and check presidents programs and policy, endorsing or opposing presidential candidates, contributing money to campaigns |
War Powers Resolution | A law passed in 1973 in reaction to American fighting in Vietnam and Cambodia that requires presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension. Presidents view the resolution as unconstitutional. |
Lobbying Disclosure Act | Required lobbyists to register with the clerk of the House and the secretary of the Senate, report their clients and issues and the agency or house they lobbied, and estimate the amount they are paid by each client. |
Civil Rights Acts | 1957-enforced the 15th amendment[everyone has the right to vote regardless of race, color or gender]; created the US Commission on Civil Rights meant to inquire into claims of voter discrimination 1960- provided for the appointment of federal voting referees; those officers were to serve anywhere the federal court found voter discrimination 1964- outlawed literacy tests |
Voting Rights Act of 1965 | This act applied to all elections held anywhere in this country, really enforced the 15th amendment |
Reapportionment Act of 1929 | Set up the permanent size of the House at 435 seats. Following each census, the Census Bureau is to determine the number of seats each State should have then send it to the President for Approval |
Six Purposes of Government | Form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty |
Elements of a Democratic Government | Worth of the individual, equality of all persons, majority rule/minority rights, necessity of compromise, and individual freedom |
Duties of citizenship | Serving on a jury, serving as a witness when called, attending school, paying taxes, registering for the draft, obeying local/state/national laws, and respecting the rights of others |
Basic Concepts of Government | Ordered government [need for different types of governments local, offices, and units]; limited government [idea that government is restricted in what it may do, every individual has certain rights that government can't take away]; representative government[idea that government should serve the will of the people] |
Royal Colonies | Subject to direct control of the crown |
Proprietary Colonies | Organized by a proprietor, a person to whom the king had made a grand of land that if could be settled and governed much as the proprietor chose |
Charter Colony | colonies established on the basis of a written grant of authority from the king which gave colonists or companies a grant of land and some governing rights while the Crown retained a certain amount of power over a colony |
Albany Plan | Franklin proposed the creation of an annual congress of delegates from each of the 13 colonies. That body would have the power to raise military and naval forces, make war and peace with Native Americans, regulate trade with them, tax and collect customs duties |
Stamp Act Congress | "Taxation without representation" a declaration of Rights and Grievances, boycott of British goods; Organized resistance carried through Committees of Correspondence |
First Continental Congress | Parliament passed more laws to "punish the colonies [intolerable acts] |
Second Continental Congress | Battles at Lexington and Concord |
Virginia Plan | [for bigger states, smaller ones thought to radical] three branches of government, representatives based on population, congress hold all power, national government with greatly expanded powers |
New Jersey Plan | [for smaller states] unicmeral, limited powers to tax and to regulate trade between states |
Connecticut Compromise (The Great Compromise) | agreed that congress should be composed of two houses, senate with states represented equally and the house where representatives were based on population of each state |
3/5 compromise | 3 out of every 5 slaves are included in the population |
Commerce/slave Trade Compromise | congress has the power to regulate foreign and interstate trade, southerners thought it was unfair because northerners controlled trade more and would be against the south. |
6 Basic Principles of the Constitution | Popular Sovereignty, limited government, separation of , checks and balances, judicial review, and Federalism |
Federalism | a system in which power is divided between the national and state governments |
Reasons for Federalism | Prevention of Tyranny, provision for increased participation, and the use of the states as testing ground for new policies and programs |
Advantages of Federalism | Greater diversity allowed among policies and programs for individual states, disperses power and creates greater opportunity for political participation, encourages experimentation and innovation, and minimizes policy conflict |
Radical | Far left, want sweeping change to political, social, and economic system. Resort to extreme methods to bring about change, violence or revolution |
Liberal | Government should be actively involved in promotion of social welfare of citizens, seek peaceful and gradual change to the political process. Reject violence and want government to handle problems |
Moderate | Share viewpoints of both liberal and conservative, tolerant of others views; go slow approach to social and political change, no extreme views |
Conservative | Favor keeping things the way they are or maintaining the status quo, hesitant or cautious about new policies, especially if government activism is involved, less government involvement the better, government should promote jobs but not regulate them |
Reactionary | Far right, repressive use of government, "guns, God, and hard work" |
Voters | Must be a citizen of the US, must have residency and must be 18 years old |
Smith v. Allwright | Supreme court outlaws white primary which excluded blacks from primary |
Gomillion v. Lightfoot | Supreme Court outlaws gerrymandering for racial discrimination |
Campaign Money | Sources of Fundraising; Private[small contributions, political action committees, wealthy people, and organizations] & Public [grant money from the government, public contributions, and tax payers] |
Hard Money | Contributions given directly to candidates and reported to the FEC |
Soft money | funds given to parties or other political organizations in unlimited amounts |
Factors of Public Opinion | family, school, mass media, peer groups, opinion leaders, and historic events |
Measuring Public Opinion | General shape of public opinion found in voting, magazines, lobbying, newspaper, elections, interest groups, media, personal contacts, and polls/surveys |
Forms of media | television, newspaper, radio, magazine, and internet |
Interest Groups | interest groups are concerned with certain topics rather than winning an election. Can serve to help stimulate awareness of an interest in public affairs, issues and events that concern the people at large. Lobbyists try to persuade public officials to do what interest groups want |
Direct Approach | Bringing group pressures to bear directly on public policy makers |
Indirect Approach | Goal is exactly the same when direct approach, to shape public policies and propaganda used |
House | 435 Members- 192 democrat, 242 republican, and 1 vacancy |
Senate | 100 Members- 51 Democrats, 47 Republicans, and 2 Independents |
Power of Congress | make laws, declare war, coin money, raise national army, and naturalization of citizens |
Filibusters | large debate on the floor over a bill. used to hold vote |
Types of Committees | Standing, Select, Joint, and Conference |
Standing Committee | Permanent, where bills are written and broken down into subcommittees that tackle very specific tasks |
Select/Special Committee | Groups appointed for a limited purpose and limited duration |
Joint Committee | Includes members of both chambers to conduct studies or perform housekeeping tasks |
Conference Committee | Includes members of both chambers to work out differences between similar bills |
Steering and Policy Committee | Determines how democrats choose their committee members |
Committee on Committees | Determines how republicans choose their committee members |
House Standing Committees | Extremely influential; Appropriations Committee, Rules Committee, and Ways and Means Committee |
Senate Standing Committees | Most Powerful; Appropriations Committee, Armed Services Committee, Foreign Relations Committee, and Judiciary Committee(most important) |
Select/Special Committees | House Select Committee on Energy Independence and Global Warming, Senate Select Committee on Ethics, and House and Senate Standing Committee on Intelligence |
Joint Committees | Joint Economic Committee, Joint Committee on Printing, and Joint Committee on Taxation |
Types of Bills | Public Bills, Private Bills, and Appropriations Bills |
Simple Resolution | Measure dealing with housekeeping or procedural matters that only affects one house |
Joint Resolution | Measure when approved by the House and President carries the force of law |
Concurrent Resolution | Legislative motion that must be approved by both houses but does not have the force of law |
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