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What were the Articles of Confederation? Why did they fail?
They were America’s first attempted constitution.They failed because: All powers were completely invested in the individual states; Unicameral legislature; The federal/national government could not tax and pay off war debts; Unanimous approval was required to amend the document; Federal government could not regulate commerce so each state was its own trade regulation.
What is Republicanism?
Government by representatives who are chosen by the people.
What is federalism?
Powers divided between levels of government.
Separation of Powers
The separation of Powers:
tends to forestall change until a broad consensus exists.
What is Separation of Powers?
Powers divided between branches of government.
What are "checks and balances?" Why are they necessary?
Why are “checks and balances” necessary?
Fear of Tyranny
America's first written constitution; served as the basis for America's national government until 1787.
What is the reserved powers clause?
Powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states.
The Great Compromise
specific powers granted by the Constitution to Congress and to the President
Articles I and II
military, judicial, diplomatic, executive, legislative
military: Commander in Chief
What is judicial review?
The power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional.
What is the Bill of Rights?
A list of civil liberties. They are the first ten amendments to the U.S. Constitution; they ensure the rights and liberties to the people.
The process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protections from state as well as national government.This process is based on the Supreme Court ruling in Palko v. Connecticut.
freedom of religion, speech, press, assembly, and petition
-The right of an individual to be left alone and to make decisions freely, without the interference of others.
-Comes from 9th Amendment, "Griswold v. Connecticut," the Supreme Court held that a constitutional right to privacy was implied by the 1,3,4,5,9th Amendments.
What is the “right to privacy”?
The right to be left alone and access to birth control and abortions. This comes from the Supreme Court ruling in Roe v. Wade.
gives Congress power to declare war
says that president must fer authorization from Congress to send troops unless already under attack
A signing statement is:
an announcement the president makes about his interpretation of acongressional enactment he is signing in into law.
The system by which federal civil service jobs are classified into grades or levels,
Appointments are made on the performance on competitive examinations.
Process of redrawing legislative boundaries (physical voting boundaries) forthe purpose of benefiting whichever party is in power
Appropriations made by legislative bodies for local projects that are often not needed but that are created so that local representatives can win re-elections in their home districts.
chief presiding officer of the House of Reps; most important party and House leader
can influence legislative agenda, fate of individual pieces of legislation, and members' positions within the house
Who is the Speaker of the House?
The elected leader of the majority party in the House.
Foster cohesion among party members and to act as a spokesperson for the majority party in the House.
Seek the enactment of his party’s legislative proposals, and to provide a source of “loyal opposition” to the majority party.
What is a standing committee?
A semi-permanent subject matter committee.
A rule allowing a majority of 2/3 or 3/5 of the members of a legislative body to set a time limit on debate over a given bill.
Writ of Certiorari
Order issued by a superior court to one of the inferior jurisdiction demanding the record of a particular case.
What is an opinion?
A specific preference on a particular issue.
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; [Altered by Amendment XVI "Income tax".]
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To establish Post Offices and Post Roads;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
What is the elastic clause?
Enumerates the powers of Congress and provides Congress with the authority to make all laws “necessary and proper” to carry them out.
What are implied powers?
Powers that are not specifically expressed, but are implied through the expensive interpretation of delegated powers.
your rights to equal treatment under the law…employment, education, and political rights
What are civil rights?
Rights to equal treatment under the law:economic, educational, social, and political rights.
What are Jim Crow laws?
Laws enacted by southern states following Reconstruction that discriminated against African Americans.
prohibits discrimination of race in employment, public accommodations, and programs receiving federal funding (schools)…pretty much everything…
The law that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination.
What did the Civil Rights Act of 1964 do?
Prohibits discrimination in everything
What did the Voting Rights Act of 1965 do?
Prohibits discrimination in voting
Representation, Casework, Legislation, Congressional Oversight (staff hearings/committee investigations)
a. Makes laws and policies
b. Oversight of the executive
c. Self governance
a. Raising money and campaigning
b. Helps constituents… old people,
c. Pork…federal money for local projects
executive power (president)
indirect election through an electoral college
this is where the federal judiciary gets its power from.. Supreme Court claims this power for itself. The other branches COULD have stopped this, but they chose not to. Other branches have gone along with this…
How do civil rights differ from civil liberties?
Civil rights are citizen’s equal rights under the law whereas civil liberties are citizen’s protections against the government.
established that men have absolute tryanny over women
no right to vote
linked to temperance movement (alcohol abuse) because intoxicated men beat women
Brown vs. Board
weren't given rights to jobs
access to public businesses
ineligable for citizenship
Chinese Exclusion Act
children denied entry to public schools
denied Japs right to own property
could be released from job for being a certain age and no other reason
made this illegal (ADEA)
consideration in preventing them from being in military
compromise: "dont ask, dont tell" : allows them to be in military as long anf they do not openly claim their sexual orientation or gage in homosexual activity
Bowers vs Hardwick
A tactic used by members of the Senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down. Once given the floor, senators have unlimited time to speak, and it requires a vote of 3/5 of the Senate to end a filibuster.
A vote in which each legislator’s yes or no vote is recorded as the clerk calls the names of members alphabetically.
What is the Cabinet?
The secretaries, or chief administrators, of the major departments of the federal government.
court of appeals
Information and active membership in a political community.
Institutions and procedures through which a terriory and its people are ruled.
A form of government in which a single individual rules.
A system of rule in which the government recongnizes no formal limits on its power and seeks to absorb or eliminate other social insitutions that might challenge it.
The presidental electors from each state who meet after the popular electoin to cast ballots for president and vice president.
What is the Electoral College?
The presidential electors from each state who meet after the popular election to cast ballots for president and vice president.
What is in the First Amendment?
Freedom of speech, religion, press, assembly,and petition the government.
What is in the 4th Amendment?
Protection against unreasonable searches and seizures. The “exclusionary rule” that any illegal seized evidence cannot be used against you in court; they need a warrant (Mapp v. Ohio).
The right against self-incrimination: this right starts whenever you say it does. The government has to tell you your Miranda Rights (Miranda v. Arizona). Right against double jeopardy; cannot be tried twice for the same crime. The right to a grand jury; determines whether sufficient evidence is available to justify a trial.
What is in the 6th Amendment?
Right to a speedy trial, public trial, confront witnesses, and Right to Counsel.
What is in the 7th Amendment?
Right to a trial by jury.
What is in the 8th Amendment?
No cruel and unusual punishment; death penalty is OK.
What is fiscal federalism?
Using money in the form of grants and aid to maintain the support of states in the federal government.
What is the “separate but equal” doctrine?
A doctrine that stated public accommodations could be segregated by race but still be equal.
right of trial by jury
Since the new era deal where grants-in-aid “money provided to state and local gov’t” were used to encourage states and localities to pursue nationally defined foals. (Intergovernmental cooperation)
Describe the movement from dual to cooperative federalism.
Dual federalism was the result of having a national and state government. The state governments participated in the fundamental government and relied on the national government for anything outside their jurisdiction. By allowing states to have the ability to make fundamental laws, the national government did not have to create policies that did not pertain to a large majority and thereby saved our young country.
Introduced in House
Referred to house committee
Referred to sub committee
Reported by full committee
Rules committee action
Full house debates and votes on passage
Veto or Sign
-Introduced in House by sponsor
-Referred to house committee (multiple referral-sent to more than one comm.)
-Referred to sub committee (markup-revises bill)
-Reported by full committee(suspension of the rules- 40 min. debate, 2/3 majority required for pass
-Rules committee action ( grants a closed, open, or restricted rule)
-Full house debates and votes on passage
-Conference Committee(iron out diff. between 2 chambers versions of a bill)
-Veto or Sign
What is the spoils system?
The practice of replacing government employees with the winners support.
The basic trial courts (civil and criminal) inthe federal system, where the typical federal case begins.
- If not complied with, the court will issue an order of contempt.
1. personal freedoms v. equal opportunity
2. focus on individual v. focus on groups & discrimination
3. 14th Amendment again: equal protection clause
What is affirmation action (AA)?
Government policies or programs that seek to redress past injustices against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities.