multiple choice Flashcards
What are the first 10 amendments known as?
Bill of Rights
1st amendment
free speech
2nd amendment
guns
3rd amendment
prohibition of soldiers in ppls house w/o consent
4th amendment
security from unwarrantable search/seizure
5th amendment
criminal/civil proceedings - due process
6th amendment
right to public trial
7th amendment
right to jury trial
8th amendment
forbid cruel and unusual punishment
9th amendment
nothing written in the constitution can cancel out later amendments to it
10th amendment
federalism - powers not delegated to US given to states
what are inherent powers?
powers not specified in the constitution but needed in order to fulfil powers that are
Article 1 of constitution
on legislative branch
Article 2 of constitution
on executive branch
Article 3 of constitution
on judicial branch
Article 4 of constitution
on the states
2 major reforms of congress post 1970s, date, significance
1973 War Powers Act = limit president ability to conduct war without Congress approval
1974 Budget Impoundment and Control Act = Congress compete with President as budget maker, created budget committees
Representatives are elected every…
2 years
Senators are elected every…
6 years
Pocket veto
President fails to sign legislation within 10 days
Difference between Presidential and Congressional constituencies
President = national constituency / broad electoral coalition
Congress = narrow constituency / specific interest
At what level are US political parties based?
STATE based
What is split ticket voting - what is it caused by?
Vote for different parties for different offices - rise of individualist campaigns
What did the Gringrich reforms of the 90s do? (4)
- centralise power in the speaker
- reduce power of committees
- abolished party voting
- 6 year term limit on committee chairs (power back to party)
In what way is policy-making decentralised in Congress?
Committee and sub-committee chairs –> individualistic decision-making
Bush example of reliance on interest groups to pass legislation
2003 Medicare Prescription Drug Bill–> relied on 3 major associations to reform social security
What effect does hyper-pluralism have?
Policy-making gridlock –> too many interests, no one can agree
Who did the framers intend to be the main initiator of legislation? Who is it now?
Congress –> President
Dual Federalism (period/description)
19th/early 20th century
2 layer system - strong states / weak federal government
Cooperative Federalism (period/description)
Great Depression
Increased federal power - FDR New Deal
Marble cake
Regulated Federalism (period/description)
1960s
Indirect method carrot/stick –>
federal = recipe / states = ingredients
(national standards)
(expansion of federal gov)
New Federalism (period/description)
1970s and 80s
Small federal government - devolution
Nixon and Reagan
McCulloch v Maryland (1819) significance
Implied powers under necessary and proper clause –> created federal reserve
Obergefell v Hodges (2015)
Same sex marriage / full faith and credit clause
Mapp v Ohio (1961)
4th amendment - warrant needed for evidence to be valid in court
Miranda v Arizona (1966)
5th amendment - rights of accused persons / Miranda Rights
Plessy v Ferguson (1896)
Separate but equal
Brown v Board (1954)
Overturn PvF as it violated 14th amendment
Bakke v Uni of Cali (1978)
Upheld Affirmative Action / cant have quotes but can ask about race
Marbury v Madison (1803)
Est judicial review / Chief Justice Marshall
US v Nixon (1974)
President cant use Executive Privilege to withhold information from criminal trial
Citizens United v FEC (2010)
Corporations and unions unlimited spending on elections
Rise of SuperPACs
Hamdan v Rumsfeld (2006)
Bush military commissions illegal - violate Geneva Convention
Gibbons v Ogden (1824)
Congress right to regulate interstate navigation / commerce clause
12th amendment
President and VP have to run together for election
13th amendment
abolished slavery
14th amendment
citizenship / due process / equal protection
15th amendment
right to vote
16th amendment
Congress can levy income tax w/o giving it to states
17th amendment
direct election of Senators
18th amendment
prohibition
19th amendment
women vote (1920)
21st amendment
repealed prohibition
22nd amendment
limit on the number of terms a president can serve (2)
24th amendment
cannot deny vote based on non-payment of tax
26th amendment
18 year olds get the vote
27th amendment
pay rises/decreases of Congress membs
How is a Supreme Court Justice approved?
Appointed by president then confirmed in Senate by SIMPLE majority
What is stare decisis?
When Supreme Court reject an appeal - lower court decision stands
Constitutional amendment process 1
- pass in both Houses by 2/3rds SUPER majority
2. Ratified by 3/4ths of STATES
Constitutional amendment process 2
- Constitutional convention called by 2/3rds of state legislatures
- Ratification by 3/4ths of state legislatures/conventions
When did US enter WWII
1941
Watergate
1974
Name of Committee that investigated watergate
Church Committee
What were the revelations that the Church Committee found?
- FBI carried out smear campaigns of civil rights activists and anti-Vietnam dissidents
- CIA opening citizen mail
- CIA secret drug tests on unsuspecting victims `
What act attempted to limit plausible denial? How?
1974 Hughes-Ryan Act –> President had to review and approach every CIA covert action
What committee was established after Watergate? When?
Permanent Senate Select Committee on Intelligence (1976)
What did the Church Committee recommendations establish for the FBI?
10 year term limit imposed on FBI directorship
What did the Military Commissions Act (2006) do? (3)
- Military tribunals of enemy (vague term) combatants
- held indefinitely w/o judicial review
- amnesty law for the crimes committed during WOT?
Difference between fire-alarm and police-patrol oversight?
fire-alarm = dealing with intelligence scandals/failures after they come to light
police-patrol = systematic safeguards to prevent intelligence abuses
When was the US constitution drafted?
1787 - Constitutional Convention in Pennsylvania
Articles of the Confederation date
1777-1789
Why did the Articles of the Confederation fail?
no executive / no central gov / each state 1 vote
Shay’s Rebellion date and significance
1786-87 Massachusetts
Demonstrated need to regulate interstate commerce and regulate westward expansion
What was the great compromise?
Bicameral legislature
House of Reps = based on population
Senate = equal (2 seats)
What was the plan called that favoured small states?
New Jersey Plan
What was the plan called that favoured big states?
Virginia Plan
what was the 3/5ths compromise?
Benefitted large slave-owning states / every 3 of 5 slaves counted towards population –> Southern states would only join US if slavery was protected
Expressed powers
Powers explicitly given to the federal gov by the constitution
Supremacy clause
Federal laws override state if there is conflict
Elastic clause also known as?
Necessary and proper clause / Congress can interpret the constitution
When was the last time Congress declared war
1941
Concurrent powers
Held by both State and Fed e.g. taxes
Police powers (3)
- Family law
- Professions e.g. bar exam
- States dictate what is legal and punishment
How many federal employees were there in 2015?
4.2mil
What % of government does the Dept of Defence compromise?
75% - 3.2mil employees
Which is the oldest federal law enforcement office?
US Marshals
Which is the only independent federal agency?
Environmental Protection Agency (EPA)
Abolition of slavery
1863 - emancipation proclamation
US civil war
1861-65
What is fiscal federalism?
Looks at the financial relations between fed and state govs
What are the 4 guarantees a state has?
- equal representation in the Senate
- Jurisdictional integrity
- Republican form of government
- Protection against invasion
What is the goal of federalism?
solve the tension between central authority and local autonomy
What are block grants?
Money that can be spent on whatever by states - more control
What are categorical grants?
Specific programmes/strings attached
3 types of law
- Criminal
- Civil
- Public (constitutional)
How are the federal courts organised?
Geography
How does a case end up in Supreme Court? (5)
- Broken federal law
- Treaties w/ foreign states
- Constitutional dispute
- Civil case more than $70,000 at stake
- Involves citizens of more than 1 state
Levels of federal courts (3)
Trial courts (bottom) –> Appellate court –> Supreme Court
What is judicial review?
Power of judiciary to strike down actions of executive and congress as unconsitutional
Significance of US v Curtiss-Wright Export Corp (1936)
Supreme Court ruling in favour of President as ‘sole organ of fed gov’ in international relations/foreign policy
What is the significance of Youngstown Sheet and Tube Co v Sawyer (1952)?
Supreme Court rule against President in area of foreign policy in favour of Congress
Who decides how many Justices sit on the Court?
Congress - as laid out in Article 3