Test 4/21

Question 1

What are the ways in which the Legislative checks the executive?

Answer 1

• Impeachment/conviction process [be able to explain how this works]
• Senate approval needed for presidential appointments;
• Senate approval (⅔) needed to ratify treaties;
• Congressional investigation powers;
  Law-making power to negate or modify executive orders.

Question 2

Impeachment/conviction process [be able to explain how this works]

Answer 2

The Constitution requires a two-thirds vote of the Senate to convict, and the penalty for an impeached official upon conviction is removal from office

Question 3

What are the ways in which the Executive checks the legislative?

Answer 3

• Pres. can appoint temporary officials (except judges) while Congress is not in session;
• Pres. creates executive orders which can spell out parts of laws but weren’t specified by Congress–have the force of law over all affected by executive branch (can be replaced or altered by acts of Congress);
• Pres. can call Congress into session if it’s in recess

Question 4

What are the ways in which the Legislative checks the Judicial?

Answer 4

• Senate must approve all federal judges;
• Congress creates courts (and can specify their jurisdiction);
• Congress can start process of reversing a Supreme Court decision by initiating (proposing) constitutional amendments (Congress can only propose amendments–states must ratify);
• Impeachment/conviction process for federal judges;

Question 5

What are the ways in which Judicial checks Legislative?

Answer 5

Federal courts (especially Supreme Court) are regarded as the arbiters (umpires) of constitutionality and can declare laws unconstitutional.

Question 6

What are the ways in which Judicial checks Executive?

Answer 6

• Although the president appoints federal judges, they serve for life and cannot be removed by him;
• Federal courts (especially Supreme Court) are regarded as the arbiters of constitutionality and can declare presidential actions unconstitutional.

Question 7

One power unchecked

Answer 7

Presidential power to pardon is one power that is unchecked (but the president can only pardon for federal crimes, not state)

Question 8

How frequent have the use of the presidential veto and the overriding of vetoes by Congress been?

Answer 8

-pretty low
7.1%, or 106, have been overridden.

Question 9

To what extent are the veto and override powers useful when the President and Congress share the same political party (and when they don’t)–be able to comment on data and charts showing the relationship between the president’s party and the party(-ies) in control of Congress.

Answer 9

• Fewer vetos are used when the president and Congress are the same political parties
• More vetos are used when the president and Congress are different political parties

Question 10

Who, historically, has set the legislative agenda?

Answer 10

writers of the CONN saw Congress as setting the agenda (the realities are much more complex)

Question 11

Strong executes shaping the agenda

Answer 11

• Hamilton’s financial plans during Washington’s administration
• FDR’s “New Deal”
• LBJ’s Civil Rights Act of 1964 and Medicare

Question 12

Strong congressional control of the agenda

Answer 12

• Henry Clay’s “American Plan”
• Reconstruction during the administration of Andrew Johnson

Question 13

What is an executive order?

Answer 13

declaration by the president or a governor which has the force of law,

Question 14

What are some examples of famous executive orders?

Answer 14

• Lincoln’s Emancipation Proclamation
• FDR’s “Bank Holiday”
• FDR’s Executive Order 9066–the internment of Japanese-Americans
• Truman’s desegregation of the armed forces
• Carter’s thermostat setting
• Clinton’s “Don’t Ask, Don’t Tell” policy.

Question 15

What is the role of the Supreme Court?

Answer 15

interpret law (constitution)

Question 16

What are the conditions under which the Supreme Court would consider the constitutionality of a law (i.e., how the issue even gets to the Court)?

Answer 16

An appeal

Question 17

Prior to this case, what were the prevailing opinions about whose job it was to decide constitutionality?

Answer 17

• NOT CLEAR
• Washing believes it was Congress’s job to decide the constitutionality
• Jefferson + Madison: believed it was up to the states

Question 18

How did the Supreme Court establish its power to rule on constitutionality (Marbury v. Madison)?

Answer 18

The U.S. Supreme Court case Marbury v. Madison (1803) established the principle of judicial review—the power of the federal courts to declare legislative and executive acts unconstitutional

Question 19

Dred Scott v. San[d]ford [also be able to explain the background including the “Missouri Compromise”]

Answer 19

• Missouri Compromise- preserved slavery while also limiting its growth
• Overturned by constitutional amendment
• 13th Amendment- abolish slavery
• 14th Amendment - born on American soil American citizen

Question 20

Pollock v. Farmers Loan Co.

Answer 20

• Overturned by constitutional amendment
• 16th Amendment was proposed and ratified in 1913 saying … Congress had the power to collect income taxes

Question 21

Hammer v. Dagenhart

Answer 21

SC takes narrow definition of Interstate commerce …. Today they have a much wider definition

Question 22

A.L.A. Schechter Poultry Co v. U.S. [also be able to show understanding of the National Industrial Recovery Act and the later attempt by FDR to increase the size of the Supreme Court (i.e., its success or failure)]

Answer 22

SC takes a narrow definition of Interstate commerce…
National Industrial Recovery Act - Congress to authorize the president to regulate industry for fair wages and prices that would stimulate economic recovery.

Question 23

Korematsu v. U.S.

Question 24

Heart of Atlanta Motel v. U.S. [also be able to explain the basics of the Civil Rights Act of 1964]

Answer 24

Civil Rights Act of 1964- outlawed racial discrimination in all places of public accommodation as well as discrimination in hiring on the basis of race, religion, and nation origin (it would late be amended to include sex as a category)
Court upheld the constituationaly of the law??

Question 25

Jackson’s withdrawal of funds from the Second Bank of the U.S. [be able to explain the economic impact of this action as well]?

Answer 25

• Land speculation boom (High inflation)
  (you can’t buy land w/ federal money-> giant crash in economy-> 1837 nationwide depression)

Question 26

Lincoln’s suspension of habeas corpus and the Supreme Court’s response?
(How well did “checks and balances” work in each of the following situations)

Answer 26

SC issued a ruling that President Lincoln did not have the authority to suspend habeas corpus.
Lincoln violated the constitution

Question 27

The “Watergate” Scandal [and you should be able to explain what Nixon did wrong]?

Answer 27

Nixon participated in the planning + cover-up of a burglary
(Possible charges- obstruction of justice and conspiracy (had he been impeached))

Question 28

The “Iran/Contra” Scandal?

Answer 28

Secretly selling weapons to Iran and the money is then given to “contras” ILLEGAL
- National security was charged but then get pardoned
- Very few people had any consequences
- HUGE abuse of executive power

Question 29

How well did checks and balances work?

Answer 29

Nixon-> system worked (pardon?)
Reagon-> many people got pardoned - system did not work

Question 30

What does the Constitution say about the power to take the nation to war?

Answer 30

Constitution states that Congress had the power to declare war and that the president is the commander in chief of armed forces other than that DOES NOT SPECIFY

Question 31

Why did Lincoln not ask Congress for a declaration of war when Fort Sumter was attacked?

Answer 31

• lincoln’s primary goal in going to war was to save the Union
• Did not want to give the confederacy more power

Question 32

Why did Harry Truman not ask Congress for a declaration of war in Korea [i.e., what did he do instead]?

Answer 32

• Truman wanted the world to join not just the US
• Truman went straight to UN Security Council to assemble a UN army, then he went to Congress

Question 33

Prior to this case, what were the prevailing opinions about whose job it was to decide constitutionality? Be able to talk about Jefferson’s and Madison’s response to the Sedition Act signed by John Adams.

Answer 33

Drafted in secret by future Presidents Thomas Jefferson and James Madison, the resolutions condemned the Alien and Sedition Acts as unconstitutional and claimed that because these acts overstepped federal authority under the Constitution, they were null and void.

Question 34

Prior to this case, what were the prevailing opinions about whose job it was to decide constitutionality? Be able to talk about Jefferson’s and Madison’s response to the Sedition Act signed by John Adams.

Question 35

What were the immediate causes of the Civil War (results of 1860 election, positions of southern seceded governments and of Pres. Lincoln, what happened?

Answer 35

Slavery
Lincoln became president

Question 36

How did the “Hamiltonian” and “Jeffersonian” economic visions of the U.S. differ

Answer 36

Jeffersonian- based in economy based on self-sufficient agricultural
Hamiltonian - build an economy based on manufacturing

Question 37

What were the major technological developments in the U.S. between 1790 and 1861)?

Answer 37

Textile, shoes, tinware, clocks, saw mill- lumber, gristmills, furniture

Question 38

What were the relationships between the growth of technological change and slavery; why did northern industrialists disapprove of slavery?

Answer 38

• Guns, gunpowder, ships, compass and similar technologies have for instance been used to foster slavery and slave trade both
• Northern industrialists disapprove of slavery-
• Northerns who want to start factories dependent upon free contract labor
• Those who object on religious moral grounds

Question 39

Compromise of 1850

Answer 39

1) no slavery in California
2) new, stricter, fugitive slave law
3) popular sovereignty (let the people vote for themselves )

Question 40

Kansas Nebraska Act

Answer 40

created two new territories, and allowed for popular sovereignty. It also produced a violent uprising known as “Bleeding Kansas,”

Question 41

Bleeding Kansas

Answer 41

a violent uprising where proslavery and antislavery activists flooded into the territories to sway the vote

Question 42

Popular Sovereignty

Answer 42

let the people vote themselves

Question 43

8 examples of the expansion of federal government power

Answer 43

1791: Alexander Hamilton’s economic plans enacted (Creation of First National Bank (FBUS) 1791 and Nationalization of state debts)

1819: Supreme Court declares the existence of a national bank is constitutional
(McCulloch v. Maryland)

1862: Uniform Currency Act creates uniform paper currency nationwide for first time.

1913: Federal Reserve System to manage money supply is created by the Federal Reserve Act.

1913: The 16th Amendment to the Constitution is ratified, permitting Congress to impose taxes directly on individual incomes (i.e., without having to collect taxes from states in proportion to their populations.

1913: The 17th Amendment to the Constitution is ratified, allowing citizens (voters) to directly elect senators from their states rather than the choices being made by the state legislatures.

1964: Congress passes (signed by LBJ) the Civil Rights Act of 1964 outlawing segregation in “places of public accommodation” and in job hiring. Basically outlaws most “Jim Crow” state laws.

2015: Supreme Court rules that states must recognize same-sex marriages performed in any state.

Question 44

FOUR examples of the reduction of federal government power

Answer 44

1850: Congressional Compromise permits residents of Utah and New Mexico territories to decide for themselves whether to allow slavery (through “popular sovereignty”) rather than imposing decision.

• 1896: Supreme Court rules that states are allowed to create systems of segregation in public access (such as transportation, hospitals, parks, etc.) that won’t be seen as violating the 14th Amendment. (Plessy v. Ferguson). Basically serves as justification for entire system of “Jim Crow” laws.
• A sizeable majority of southern school districts (and some northern ones) refuse to implement the “Brown” decision (see to the left)

As part of Medicare law, a separate program, Medicaid, was established to provide medical insurance to low-income families and individuals; although 90% of money comes from federal government, use of funds is administered by states.