Terms in this set (97)
The right of the court to declare things unconstitutional
What is the highest court in the land?
The supreme court
What is the Constitution?
The supreme law of the United States
A trial jury is also called what?
The process of setting up new congressional districts after reapportionment is called
Filibuster To stall the legislature process to prevent a vote
-Used only in the senate
Stops a filibuster with 51 votes
Declaration of Independence
A 1776 document stating that the 13 English colonies were free and a Independent nation.
Articles of Confederation
-The first formal set of laws
-lasted 10 years
-ended because the states where to powerful
Weaknesses of the Articles of Confederation
Too much state power
3 branches of government
- Legislative, executive and judicial
Presidents war powers
The ruler seeks absolute power
Qualifications for President
-Natural born U.S citizen
-14 year resident
- 35 years of age
A president can only serve 2 terms or a total of 10 years
- 22nd amendment
Assist majority and minority leaders, persuade members to vote the party wishes
Shays rebellion/ constitutional convention
- 1786-Economic depression
-It was a success of the article of confederation because it added free state to the union and it also helped pay of out debt
Lying under oath to congress or court
Electors chosen by popular vote, winner take all
people elected by the voters in a presedential election as members of the electoral college
Electoral votes to win
Candidate needs 270 out of 538
Winner take all
System in which the candidate with the majority of the popular vote in a state gets all the electoral votes
Legislative check on the president
Supreme Court Justices
Sona sotoymeyor- Seat 1
Steven Bryer- Seat 2
Sam Aleito- Seat 3
Elena Keegan- Seat 4
Clarence Thomas- Seat 5
Atonim Scalia- Seat 6
John Roberts- Seat 7
Anthony Kennedy- Seat 8
Ruth Bader-ginsburg- Seat 9
Qualifications for senator
30 years of age, U.S citizen for 9 years, legal resident of your state
1620 - The ship that brought the pilgrims to the new land
-was a plan for self rule
-Choose their own leaders and make their own laws
-House and senate members meet to discuss different versions of the same bill
-A term used to describe supporters of the Constitution during ratification debates in state legislatures.
-Wanted the constitution to pass
-Without constitution- anarchy
-Believed in limited national government and wanted a Bill of Rights- First 10 amendments
-Did not want a constitution
- supported states rights
-A collection of 85 articles written in support of the constitution and encouraging the passing of the constitution
-Human Nature- if you oppose me personally then you will oppose my ideas
-Written by A hamilton, j Madison and john jay
Bill of rights
A formal statement of the fundamental rights of the people of the United States, incorporated in the Constitution as Amendments 1-10, and in all state constitutions.
Official decision of the court
-Minority side's view
- May take weeks or months to accomplish
-Used as precedent for other similar case
agree with the majority conclusion, but for different reasons
a court opinion or determination on which all judges agree
1787 meeting at which the U.S. Constitution was created.
Father of the Constitution
-National judiciary appointed by legislature
-Strong national government- 3 branches
-Lower house chosen by the people, upper house chosen by the lower house -Trying to keep major decisions out of the peoples hands
New Jersey Plan
-Unicameral legislature with one vote for each state
-Weak national executive
-Wanted everyone to be equal
-Based on the articles of confederation
2 Chamber Legislature
1 Chamber Legislature
-Bicameral legislature. Lower house based on population Upper house has 2 senators from each state chosen by the lower house
-17th amendment direct election senators
-3 branches of government
•1/3 of the south's population were slaves
•Southern states wanted to count slaves for population but not for levying taxes
•North wanted the exact opposite
•Count 3/5 of the slaves for the representation and taxes
•The slave trade would be banned in 20 years (1808)
Gideon v Wainwright
- Six amendment (The right to an attorney)
-Handwritten certiorari (request to the supreme court to hear my case)
-Supreme court decision 9-0 Gideon
*Nine members in the supreme court
Origin of states theory
Head of the family was the authority of government
EX: Tribal Chief or Clan leader
The earliest civilization worked together to build walled cities, control floods, organized soldiers to protect cities
EX: River civilizations
Social Contract Theory
Thomas Hobbes wrote that the "state of nature," no government existed "Life was nasty, brutish and short". By contract people surrender power to the state and the state in return protects its citizens
A system in which power is divided between the national and state governments
Speaker of the house
Presiding officer of the house of representatives
-Presiding officer of the house
-Selected from the majority party
-Appoints Committee members
-Assigns bills to committees
-Referring bills to the proper house
One of the first to theories the social contract, people give up rights to the government for protection, wrote a book leviathan about the social contract, people are natural cruel, greedy and selfish if not strictly controlled the will fight, rob, kill and apress one another
-More optimistic than Hobbes, does believe in the social contract theory and believed people had natural rights in the state of nature
-The right to life, liberty and property
-People have the right to break the contract
-He believed that people in their natural state were basically good, their innocence is corrupted by society
-the good of the community as a whole should be placed above individual interest
Published the spirit of laws, the best way to protect liberty was to divide the functions and powers of government into three branches which are called legislative, judicial,executive (separation of powers)
-Checks and balances- each branch checks the power of the other two
Vacancy in the VP
A government by the rule of the people
Presidential Disability- Vp takes over if president cannot fulfill his duties
-Continue from one congress to the next
- House and senate
- Oversee bills associated with their committee
President of the constitutional convention, he reluctantly agreed
Called for a bill of rights
Plessy v Ferguson
-Established doctrine of separate but equal
-Separate but equal was ruled constitutional
- Black and white rail cars in Louisiana
Brown v Board
-Declared separate but equal as unconstitutional.
-Over ruled Plessy vs. Fergusion
-Linda brown wanted to attend her neighborhood school, had to cross a railroad switching yard to get to current school.
Scott v Sandford
-the Supreme Court ruled that Americans of African descent, whether free or slave, were not American citizens and could not sue in federal court.
- ruled that Congress lacked power to ban slavery in the U.S. territories.
-the rights of slaveowners were constitutionally protected by the Fifth Amendment because slaves were categorized as property.
Necessary and proper clause
Gives Congress the powers to pass all laws necessary to carry out their constitutional duties; "elastic" clause (Art. I, Sec 8, clause 18)
Jobs of the Vice President
Vote in the Senate in case of a tie; take over for the president if necessary
The author of the constitution
Expanding presidential powers
President and vice president must run on the same ballot
Qualifications for House of rep.
U.S citizen for 7 years
Legal resident of state
2 year term in office
Representation based on population
8 congressional Districts
6th district- Sam Graves- R- elected 2000
A group of advisers to the president.
Presidents options when a bill is on his desk
-Sign the bill
- Veto the bill
- Pocket veto- the president refuses to look at bill, congress has to adjure in 10 days
- Pass without signing
- 2/3 congress can override a presidential veto
Miranda v Arizona
- Found guilty of kidnapping and rape, used is own confession to convict him.
- Did not understand his fifth amendment rights.
-The Miranda warning- You have the right to remain silent, anything you say and will be used against you in a court of law, you have the right to an attorney, if you cannot afford one, one will be appointed for you. Do you understand these rights as I have read them to you?
What is the process in which the Supreme Court hears cases?
1. Lawyers from both sides submit briefs (Written arguments)
2. Lawyers present oral arguments (20 minutes each side- Justices question
3. Justices debate the cases in conference- persuade to way of thinking
4. The court issues an opinion (Written decision of the court)
Powers specifically listed in the constitution
Two Treatises of Government
A book written by John Locke which stated details about natural rights and that people were born with and entitled to life, liberty, and property.
-Assigns bills to committees
-Referring bills to the proper house
Live within a district or state
Provided the basis for limited government
President of the Senate
A person can't be held in prison without first being charged with a crime.
A legal document summoning someone to court
A representative of a special- interest group who tries to influence political decisions on the groups behalf.
Bills of attainder
Prohibits a person being found guilty of a crime without a trial
Federal money secured by a representative for local projects, often criticized as a waste of tax payers money
EX: Bridge to nowhere
An officeholder who is seeking reelection.
What are the 7 roles of the President?
Head of state, chief executive, Chief diplomat, commander in chief, chief legislator, Party leader
Head of State
Ceremonial head of the country
Ex: awards medals
Ensures that laws are being carried out
Direct foreign policy
Commander and Chief
Leader of U.S armed forces
Inform congress from time to time of the state of union
Leader of political party
EX: Supports candidates of the same party.
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