Unit 2: Electoral College + Judicicial Branch Flashcards

1
Q

Slate
Winner-Take-All (leads people to?)

A

group of electors in each party (loyal party mem.)
Candidates campaign in larger, competitive states

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2
Q

Safe State
Ex:
Swing State
Ex:

A

states w/ Consistent pattern of voting for a certain party
California, Oregon, Alabama,
States without a distinct pattern of voting
florida, arizona, georgia

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3
Q

Faithless electors
Judiciary (3)
Jurisdiction aka?

A

No law requires electors to vote the way the people of the state voted.
Settles disputes
Administers justice
Interprets and applies the laws
Authority of a court to hear/try/decide a case
power to “say the law”

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4
Q

when do federal courts rule over state courts? (3)
when it involves? (3)

A

when it involves a fed. question
interpreting constitutional law
admiralty law
U.S.
ambassadors
issues b/w 2 states

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5
Q

Judicial Review
Electoral College (What is the Electoral College? How does it work?)

A

power of SCOTUS to deem an action by either the executive/legislative branch unconstitutional.
group of people (electors) chosen from each state and the district of Columbia to select the pres. + V.P.

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6
Q

How are votes allocated?(3)

A

allocated among the States based on Census
Every State gets # of votes equal to # of Senators and Representatives in its U.S. Congressional delegation
2 senators plus a # of thor votes

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7
Q

How are electors chosen? Who are the electors?
2 part process
but?

A

First, the political parties in each State choose slates
Second, during the election, voters in each State select their State’s electors by casting ballots.
state’s don’t choose electors directly candidates do

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8
Q

How do you win the election? What happens in the event of a tie?

A

Win by the # of electoral votes, NOT popular votes.
If a tie, each state has 1 vote and u need 26 votes to win.

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9
Q

What are some criticisms of the electoral college? (2) Solutions? (3)

A

small states (overrepresented), faithless electors
Direct election: the people vote
District System: winning a congressional district, wins their vote Proportional system: (same % of popular votes as electoral votes)

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10
Q

Why did the Founding Fathers create the Electoral College? (2)
compromise by?

A
  • common people would not be able to make wise choices
    (Founders wanted best people selecting the Pres.)
    compromise b/w directly electing the President and Congress electing the President
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11
Q

Does the Electoral College facilitate or impede democracy?
facilitate:
impede:

A

asks for the voice of the people
allows wise people to vote rather than uneducated

not direct election of President by voters.(Elitism)
faithless electors

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12
Q

Why did the Founding Fathers find it necessary to create a national judiciary?

A

bc during the time of the AOC, there was no court system to settle disputes

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13
Q

What are the qualifications needed to be a SCOTUS judge? Term length?
3 steps to become a judge?

A

No specific qualifications
Term length: lifelong
In order to become a SCOTUS judge, you have to:
presidential nomination
senate approval
presidential appointment

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14
Q

Judicial Restraint Vs. Activism

A

Judges decide cases based on the original intent of the framers
Judges decide cases in light of the ongoing changes in conditions and values

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15
Q

Bureaucracy
Independent Regulatory Commission (ex)
Independent Executive Agencies (ex)

A

teams of exec. branch that help pres. carry out exec. agenda + congressional mandates
Make + enforce rules to protect public interest (Fed. Communications Commission)
The rest of the government (NASA)

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16
Q

Government Corporations
Issue Network (4)
do?

A

Hybrid of gov’t agencies + private companies
Delivering a service that could be delivered by a private sector (USPS)
Committee members, academics, interest groups, members of the media
collaborate to create policies

17
Q

Iron Triangle
3 entities?
task?

A

An agency, congressional committee, and an interest group
Lawmakers + bureaucrats work together

18
Q

How is the process of becoming a SCOTUS judge an example of checks & balances and how can the judicial branch be checked?

A

Chosen by the executive branch, approved by the legislative branch

19
Q

What are the differences between judicial restraint and judicial activism?

A

more conservative vs more liberal perspectives

20
Q

What is the organization of the bureaucracy? What three organizations are included in the bureaucracy?

A

15 main depts. in order of pres. succession
(each w/ own head and agencies)
interest groups
agency
subcommittee

21
Q

What are the 5 main tasks of the bureaucracy? What do they do (2)?

A

Writing and enforcing regulations
Imposes fines to companies + industries make them follow standards
Testifying before Congress
Iron triangles and issue networks

Each organization uses it’s discretion to carry out laws

field experts provide testimony before Congress

22
Q

What are ways in which other branches of government can ‘check’ the bureaucracy?
Legislative(2):

Executive (3):

A

Congress has power of the purse
Committee hearings

Power of persuasion
hire and fire members
Exerts authority

23
Q

Freedom of Religion
Establishment Clause
Free Exercise Clause
Freedom of Speech does? (2)
limit line for freedom of religion? (2)

A

gov’t cant prohibit free exercise of religion
prohibits establishment of religion for gov’t institutions
gov’t can’t interfere w/ practicing religion
protects unpopular speech (balances gov’t power and civil rights)
can’t be endorsed by a state or harm/violate laws/others

24
Q

Why aren’t judges elected?

A

causes them to not be affected by politics and use their lifelong term limit to apply the laws fairly

25
Q

What are the five freedoms of the First Amendment?

A

SPRAP
speech
press
religion
assembly
petition

26
Q

What is the difference between the establishment clause and the free exercise clause?

A

one limits the gov’t on promoting religion the other limits the gov’t on interfering with the practice of religion

27
Q

What are the 3 limits on free speech & what do they mean?
cpd
tpmr
o - (2) gray area?

A

clear and present danger
can’t cause panic/violate law
time place + manner reg.
speech is restricted during war or other situations of gov’t interest
Obscenity
not constitutionally protected
makes people react in surprise (defined by justice)

28
Q

What was the purpose of the Bill of Rights?
made why?
civil liberties?

A

protects the civil liberties of people against gov’t
founding fathers feared Constitution didn’t protect people
constitutionally est. freedoms to protect citizens against gov’t

29
Q

Prior Restraint
Selective Incorporation
Exclusionary Rule

A

gov’t can prevent material from being published (UNCONSTITUTIONAL)
Civil liberties granted in bill of rights apply to states through 14th amend. due process clause.
Evidence gov’t finds in violation of 4th amend. (excluded from trial)

30
Q

Double Jeopardy
Self Incrimination
Public Safety Exception

A

can’t be tried twice for the same crime
An individual doesn’t need to be a witness against himself/herself.
statements obtained before a suspect is informed of his/her rights allowed on basis of protecting public safety

31
Q

14th Amendment includes (3)?
Due Process Clause (3)

A

due process clause, equal protection clause, and selective incorporation
states can’t deny life, liberty, or property w/o due process of law

32
Q

General Differences between Liberals (4) & Conservatives (4)

A

L: tax wealthy, social services, labor unions, universal healthcare
C: less taxes, cut spending, strict immigration, laissez faire