Midterm

Question 1

Separation of powers

Answer 1

dividing governmental powers among different branches of government to protect against tyranny (Federalist 51).

Question 2

Necessary and Propper Clause

Answer 2

Gives congress the power to do anything that is necessary and proper to carry out an enumerated power. Also known as the “elastic clause.” Leads to implied powers doctrine (McCulloch v. Maryland)

Question 3

Earmarks

Answer 3

The practice of congressmen of securing (“appropriating”) federal money (“pork”) for projects that will benefit their constituents. Major incumbent advantage & source of budget increases

Question 4

Checks and Balances

Answer 4

President can check the supreme court by not enforcing it. The president can veto a law and nominate judges. The legislative branch can impeach judges/the president. the supreme court can declare presidential acts and laws unconstitutional.

Question 5

Dual Federalism

Answer 5

System of federalism that strictly separates federal power (ex. foreign relations) and state power (ex. protect against crime). Each level of government is dominant within its own sphere. Probably how the Founders thought America would work (enumerated federal powers + reserved state powers). Also known as “layer-cake federalism.”

Question 6

10th amendment

Answer 6

Powers not expressly given to federal government by the Constitution are reserved to states or the people. Also known as “reserved powers amendment” or “states’ rights amendment”

Question 7

17th amendment

Answer 7

Established the direct election of senators (instead of being chosen by state legislatures)

Question 8

Gerrymandering

Answer 8

The drawing of district boundaries by the state legislature to benefit a party, group, or incumbents. Major types are political & racial.

Question 9

McCulloch v. Maryland

Answer 9

(1) CJ Marshall establishes doctrine of implied powers (Congress can create a national bank because it is necessary & proper to carrying out the enumerated power to coin money); (2) Supremacy clause prevents state (Maryland) from taxing the National Bank. Very important case enlarging power of federal government.

Question 10

US constitution

Answer 10

“The supreme law of the land.” Written in 1787 at Philadelphia Convention to replace Articles of Confederation and create stronger central government. Outlines structure & power of 3 branches of national government. Oldest written constitution still in use (but amended 27 times plus myriad informal amendments).

Question 11

Declaration of independance

Answer 11

Thomas Jefferson’s statement of political liberalism (limited government to protect life liberty and pursuit of happiness; right to revolution).

Question 12

Congressional term limits

Answer 12

A legal restriction that limits the number of terms a person may serve in a particular elected office. President limited by 22nd Amendment to 2 terms. No term limits on congressmen.

Question 13

Standing committee

Answer 13

Permanent committees in House and Senate that handle bills dealing with a particular subject area. Examples: Defense, Budget, Education.

Question 14

Conference committee

Answer 14

A joint committee appointed to resolve differences in the senate and house versions of the same bill

Question 15

Joint committee

Answer 15

a committee whose members have people from one or more different organizations, Congressional committees to discuss & supervise certain topics, with membership drawn from both houses. (ex., Committee on Library, Taxation)

Question 16

Bully pulpit

Answer 16

The Presidency is a “bully pulpit” - a good position from which to inspire Congress & the nation, with the help of the media, to follow his political agenda. Example = FDR’s fireside chats, Obama’s televised State of the Union Address…

Question 17

Marbury v. Madison

Answer 17

Chief Justice John Marshall famously announces the existence of the power of judicial review: the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional.

Question 18

Judicial activism

Answer 18

A philosophy of judicial decision-making where judges allow their personal views about public policy (liberal or conservative) to guide their decisions. Activist judges are comfortable declaring laws unconstitutional.

Question 19

Judicial Restraint

Answer 19

A philosophy of judicial decision-making whereby judges give significant deference to the decisions made by elected representatives in the legislative and executive branches. Restrained judges are uncomfortable declaring laws unconstitutional.

Question 20

Baker v. Carr

Answer 20

Equal protection clause requires “one man, one vote” principle for redistricting (legislative districts must be roughly equal in population)

Question 21

Elitist theory

Answer 21

Belief that American democracy is a sham; we really live in a plutocracy. The Constitution was written by rich white men for rich white men.

Question 22

Pluralist Theory

Answer 22

Belief that American political system basically works; competing interest groups all get heard at different times and places in government. Federalism helps (more layers of government).

Question 23

Federalist 10

Answer 23

Topic = factions (interest groups) written my James madison; minority factions controlled by majority; majority faction controlled by greater size of USA + virtuous leaders; Curing them by removing their causes and controlling their effects; removing them means destroying liberty, giving everyone same opinions, same passions and interests

Question 24

Faction

Answer 24

a group of like minded people who like the same things

Question 25

Federalist 51

Answer 25

Separation of powers & checks & balances protects against tyranny

Question 26

Full faith and credit clause

Answer 26

States must recognize laws & judicial decisions of other states (ex., marriage, child support payments); public policy exception for gay marriage?

Question 27

Brown v. Board

Answer 27

Supreme Court declared Gun Free School Zones Act exceeded Congress’s Interstate Commerce Clause power and was therefore unconstitutional. First federal law declared to exceed commerce clause since the 1930s (Devolution Revolution?)

Question 28

Cooperative Federalism

Answer 28

A system of government in which powers and policy assignments are shared between states and the national government.

Question 29

Federalist 70

Answer 29

written by alexander hamilton about how having a single energetic executive is the best. could protect against foreign attacks, administer the law, protect against private property, and secure liberty. Plural executive could result in a lack of accountability

Question 30

Federalist 78

Answer 30

describes the process of judicial review, in which the federal courts review statutes to determine whether they are consistent with the Constitution and its statutes. known as the least dangerous form of government

Question 31

Brutus 1

Answer 31

Opposed to ratification of the Constitution
Representation of the people’s interests could not be maintained as the country grew in size, population, and power
Economic power of the national government to tax and to regulate interstate commerce would give the national government unlimited power and be used to abolish state powers.

Question 32

Pork barrel spending

Answer 32

when members of Congress spend government money on specific projects intended to benefit their home districts or states

Question 33

Shaw v. Reno

Answer 33

NC congressional reapportionment plan was initially rejected b/c it only had one black-majority, so another was added. This was questioned as unconstitutional due to the oddly shaped districts. SC reversed decision, stating it violated the Equal Protection Clause, ruling in favor of the voters

Question 34

US v. Lopez

Answer 34

How far does the extent of the Constitution’s “commerce clause” reach?
A 12th grade student had brought a firearm into his high school. Lopez was consequently charged by the state for violating the 1990 Gun-Free School Zone Act.
The Court ruled in the favor of Lopez, and struck down the Gun-Free School Zone Act as being unconstitutional as it reached beyond the extent of Congress’s “Commerce Clause” privileges.

Question 35

Equal protection clause

Answer 35

A clause of the Fourteenth Amendment stipulating that no state shall “deny to any person within its jurisdiction the equal protection of the laws.”