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Polys 102 Final
Terms in this set (111)
How much of the senate is required to ratify treaties?
How much of congress is required to pass constitutional amendments?
2/3 of congress
How much of the states must ratify a constitutional amendment before it becomes part of the constitution?
3/4 of the states
How much of the senate are necessary to invoke cloture of a filibuster?
60% or 60 votes
How were slaves counted for the purpose of representation in the house under the original constitution?
Each slave counted as 3/5 of a person
What is needed to pass legislation in the House of Representatives?
What is needed in the Senate to confirm presidential appointments now that the filibuster is abolished?
In a general election to the house and senate what is needed to get the candidate elected?
The candidate that gets the most votes becomes elected. Need not be a majority.
How is the winner of the presidential election determined?
The candidate that receives the most electoral votes wins the election and the popular votes are meaningless.
Who decides the calendar and what will be on it for a vote?
The speaker of the House
What makes California unique in terms of ethnic diversity?
California has the most ethnically diverse population of any state in the country
Where do California voters have direct democracy and why does it differ from the federal level of government?
California voters have direct democracy in the form of initiatives, referenda, and recall elections. There is no direct democracy at the federal level.
What is a decline to state voter?
A voter who does not register with a party affiliation
How does the President act as Chief legislator and what tool are at his disposal? (13-1)
Lobbies, prepares budget for congress, veto power, signing statements
What role does the Federal Reserve Board play in regulating the economy and how does the president have an impact on that process? (13-2)
They set interest rates, monitory policy, regulate how much money is available to the economy
What enumerated powers of the President facilitate his role as chief diplomat? (13-3)
Makes treaties, commander in chief, appoints ambassadors
What is an executive agreement and why is it used so often by modern day Presidents? (13-4)
An executive agreement is an international agreement between the United States and other foreign nation, not subject to senate approval and only in affect while that particular president is in office
What roles do our president and the queen of England share? (13-5)
Chief of state, represent our values
What role does the president play in the chief executive branch of government?
Oversees 4 million employees, 4 trillion dollar budget
What constitutes a "balanced ticket" in presidential elections?
The vice president being from a different region or in Obama's case, having more experience
How many Cabinet departments currently exist?
How are cabinet secretaries selected and confirmed
The president selects them and the senate confirms them
What is the most recent cabinet department and when was it established?
The department of homeland security; after 9/11
While the cabinet acts as an advisory body to the president, what element of the executive branch is responsible for the implementation of the president's policy agenda?
The executive office of the president (EOP)
Name 2 cabinet departments
Department of transportation and the Department of Homeland Security
Name 2 EOP offices
White house office and the National Security Council
Name 2 positions within the white house office
Chief of staff and press secretary
Who chairs the National Security Council?
What determines who takes the presidency if the president is temporarily incapacitated?
What are 3 expressed Presidential Powers
Commander and Chief
Give the state of the Union address
Appoint ambassadors of other nations
What is the source of the president's inherent powers?
The take care clause
What is the definition of a statutory power of the president?
A power given by congress
How have presidents justified their use of executive orders?
They have powers that are inherent
What are the limitations of a presidential executive order?
It expires when he leaves office
What are emergency powers of the president?
broad powers exercised by the president during times of national crisis
How were emergency powers of the president exercised in the Lincoln presidency?
Suspended habeas corpus
Have the courts always upheld a president's claim to executive privilege?
No; Nixon presidency
Why is the bully pulpit such a potent source for presidential approval?
Sways public opinion
How does the process of impeachment proceed and what is the ultimate penalty upon conviction?
The house accuses the president of a crime, the senate tries the president, and in event of a conviction, determines the penalty which could ultimately be removal from office
How many US presidents have been impeached?
2: Jackson and Clinton
What kind of cases have original jurisdiction in the supreme court?
Diversity of citizenship cases: when two states are disputing against each other or a person against another country
Where does most of the supreme court's workload come from?
Appeals; up the ladder court system
Why is it called a dual court system
State and federal courts
What landmark supreme court decision gave the court its most significant check and balance on the executive and legislative branches?
Marbury v Madison
What is the doctrine of stare decisis
Evoking past president from current situations
What is the US code and how do the courts utilize it
All laws passed by congress
How do the courts treat presidential executive orders?
They are in favor of them because the president is given this power under article 2
What is the difference between criminal and civil law
Criminal law is something that congress has already addressed
What constitutes a federal question
An interpretation of the law based on the constitution
How do district courts differ from US court of appeals
There are more of them; they are typically where every federal case begins
What are 2 US special courts?
What is the role of the chief justice of the supreme court and who appoints him or her
President; they serve for life; shapes policy; long lasting presidential legacy
What is the role of the US senate in the appointment of judges to the federal court
They are approved by majority vote; cannot be filibustered
What is the current ideological balance of the SC
5 conservatives; 4 liberals
What is senatorial courtesy?
The president picks who he wants to serve on the district courts
What is a certiorari petition?
A request that the supreme court hear a case
What determines whether or not a writ of certiorari is issued by the supreme court?
If four justices decide to hear a case they will take it on
What are the elements of a supreme court decision?
Majority opinion; sets president
What is the primary source of Congressional authority?
Why did the framer's originally have US state senators selected by the state legislatures? When and how did that change?
The founders didn't like or trust the people; 27th amendment 1913
How much of the US senate is up for reelection in 2014?
One third; 33 or 34 members
Name 4 enumerated powers of congress
Declare war, impose taxes, Establish federal court systems, regulate interstate commerce
What is the elastic clause and what was its purpose?
a statement in the U.S. constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers
Discuss 5 major reasons that incumbents are so successful when they re run for office?
-stronger name recognition
-easier access to media coverage
Put the following events in order as they occur: Redistricting, reapportionment, census
Census, reapportionment, redistricting
What is the term for redistricting done to benefit a party or candidate?
How does California differ from the rest of the country in terms of the process of redistricting?
California has a non-partisan Redistricting Commission to redraw all legislative boundaries every 10 years after the census and reapportionment have taken place. Most states still have redistricting accomplished by the state legislature and the governor.
Why is Article 1 of the constitution so much longer than Article 2?
The framers thought the congress would be the most important and have the most power
Why is congresses policy-making function often at odds with its representation function?
Interest groups constantly interfere with power
What is the difference between the trustee model of representation and the instructed delegate model of representation?
Do what you think is best vs doing what the people you represent think is best
Give an example of pork
A bridge to nowhere being build in Alaska and paid for by taxpayers
What are earmarks?
Grants and laws written in the bill; more specific than Pork Barrel
What is the central responsibility of the congress per the Constitution?
They make the laws
What is oversight and why is it important?
Legislative checking on the executive branch to make sure the bills are being carried out accordingly
What is the agenda-setting role of the US Congress?
Congress determines which bill they want to work with
Which branch of congress must initiate all revenue bills according to the constitution?
House of Reps
Which branch of congress provides the president with advice and consent on nominations to the judiciary and to the executive branch?
Which branch of congress is tasked with ratifying treaties?
What is required of congress before a law can be sent to the president for consideration?
The law must be identical to the house of representatives and have been passed by a simple majority
Who is the leader of the house of representatives and how is he or she selected?
Speaker of the house; selected by the majority
Who is the senate majority leader?
Who is the senate minority leader?
What is logrolling?
Trading votes for votes
What is the difference between a general and primary election?
In a primary election voters decide which nominees the political party should run and the general election is when the party's respective nominees run against each other
When you vote in a presidential primary election, what are you actually voting for?
You are voting for which candidates delegates will attend the party's nominating convention and vote for that party's nominee
What is "front-loading" and why is it a problem?
States moving their primaries earlier and earlier which ends up making candidate season very long
When, specifically, are all general elections held in the United States?
The first Tuesday after the first Monday in November
What is a referendum
an election in which voters in a state can vote for or against a measure proposed by the state legislature
What is an initiative
a citizen-sponsored proposal that can result in new or amended legislation or a state constitutional amendment
What is a recall
an election that allows voters to cut an officeholder's term in office short
What are the formal eligibility requirements for the president
Natural born citizen
35+ years old
Resident of the US for 14 years
What are the formal eligibility requirements for the vice president
Natural born citizen
Must not be a resident of the same state as the president
What are the formal eligibility requirements for a US Senator
Citizen for 9 years, 30 years old, resident of state in which he or she represents
What are the formal eligibility requirements for a US representative
Citizen of 7 years
25 years old
Resident of state
How have political campaigns changed since the 1990's?
-Professionalization of campaign staff
-Dramatically expanded role of the media
-the changing nature of campaign finance
What are two major legislative efforts that have been made to impose limits on the amount of money in american elections?
When and how did PACs arrive on the political scene?
FECA created Pacs after the case Buckley v Valeo when it was ruled that limiting campaign spending was unconstitutional making PACs officially a form of free speech
When and how did super PACS arrive on the political scene?
Super PACs developed in the wake of the supreme court ruling Citizens united v the federal election commission
When and how was dark money introduced into american elections?
After the citizens united case
What specifically did the supreme court ruling in Citizens united (2010) strike down as unconstitutional?
All spending tactics are legal as long as they don't coordinate directly with the candidate
McMutcheon v FEC (2014)
declared upper limits on contributions unconstitutional
What constitutes an independent expenditure?
Legal to spend as much as they want as long as the tactics don't directly coordinate
What loopholes was the Bipartisan Campaign Reform Act 2002 Designed to close?
Banned nearly all soft money as well as set new adjustable contribution limits for hard money
What portions of the BCRA have been found unconstitutional by the supreme court?
Individuals should not have spending caps therefore not allowing a limit on individual expenditures
What is at stake in the Iowa right to life committee v Tooker case that the supreme court is now considering granting a hearing?
This case could test the constitutionality of state bans on corporate contributions
What is soft money
Unregulated and disclosed money
527 C4s and super PACs
What is hard money
all money that is regulated and disclosed
What is dark money
How does the IRS code define a 501 c4 organization and what limits are placed on these groups' ability to participate in the electoral process?
Non profit organizations operated exclusively for the promotion of social welfare including lobbying or engaging in political campaigning; just cannot interact directly with candidates
What is the difference between retrospective and prospective vote choice?
retrospective is basically the evaluation of an incumbent and how well they have done in the past whereas prospective is the evaluation on a candidate based on their views on certain issues
Who is Trevor Potter and what does he see as the policy prescription for dealing with dark money?
A man with experience in campaigning he believes that disclosure is key.
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