Major contributors to social contract theory - ANSWER-Hobbes, Locke, Reasseau
Social Contract Theory - ANSWER-We need food, clothing and shelter to
... [Show More] survive and nothing should interfere with our ability to obtain them. We may also choose to believe in a god. The belief gives definition to our existance. Therefore it is important we define ourselves as individuals.
Enlightenment Influence on Constitution - ANSWER-Bill of Rights and the Second Amendment, Ninth Amendment
Bill of Rights (Enlightenment) - ANSWER-The first eight Bill of Rights
Declaration of Independence (Enlightenment) - ANSWER-people have rights of life, liberty, and the pursuit of happiness
Articles of Confederation weaknesses - ANSWER-No executive, no judicial, no power to tax, no power to regulate trade
Articles of Confederation - Strengths - ANSWER-Provided direction for the Revolution, the ability to conduct diplomacy with Europe, and deal with territorial issues and Native American relations.
New Jersey Plan - ANSWER-The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population.
Virginia Plan - ANSWER-Proposal to create a strong national government
Constitutional Convention - ANSWER-A meeting in Philadelphia in 1787 that produced a new constitution
Three-Fifths compromise - ANSWER-Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment). Bicameral congress.
Checks and Balances - ANSWER-A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Separation of Powers - ANSWER-Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
Federalists - ANSWER-A term used to describe supporters of the Constitution during ratification debates in state legislatures.
Anti-Federalists - ANSWER-Opponents of the American Constitution at the time when the states were contemplating its adoption.
Ratifying the Constitution - ANSWER-Article VII, 9 out of 13 states had to agree, it was ratified at state conventions
Federalist #10 (factions) - ANSWER-Elites can never take over rule of the government due to too many factions.
Federalist #51 (Madison) - ANSWER-Separation of powers, checks and balances
Separations of Powers - ANSWER-The division of the federal government into three branches each with its own powers
Government Branches - ANSWER-Three sections of the US government: legislative, executive, and judicial. Each branch has powers that restrict the other branches powers.
How are laws made and enforced using the separation of powers - ANSWER-Congress originates laws
Judicial branch reviews laws for constitutionality
Executive branch enforces laws
system of checks and balances - ANSWER-Constitutional system in which each branch of government places limits on the power of other branches
Several checks the judicial branch has on the legislative and executive branches - ANSWER-Executive:
Can overturn actions of the president with judicial review if the actions violate the Constitution
Serve during good behavior to maintain independence of judiciary
Legislative:
Can overturn acts of Congress as unconstitutional if they violate the law
Can influence laws by interpretation
Serve during good behavior to maintain independence of judiciary
Several checks the legislative branch has on the judicial and executive branches - ANSWER-Judicial:
Senate must approve judges and justices
Controls jurisdiction of the courts
Determines size of Supreme Court
House can impeach judges and Senate can remove them by two-thirds vote
Executive:
Can override a presidential veto by a two-thirds vote in both chambers
Must approve treaties by a two-thirds vote in the Senate
Control of funding activities of the executive branch
Presidential nominees must be approved by the Senate
Only Congress can declare war
House can impeach the president or vice president and the Senate can remove them by a two-thirds vote
Several checks the executive branch has on the legislative and judicial branches - ANSWER-Legislative:
Can veto legislation
Can use executive agreements
Can use executive orders
Negotiates treaties (not Congress)
Judicial:
Nominates judges
Power of pardon
Several advantages and disadvantages of a federalist system - ANSWER-Advantages:
States can innovate when dealing with problems
States better designed to deal with needs of citizens
States can add to national programs
Separation of powers and system of checks and balances
Offers opportunity for individual to participate more in the political system.
Disadvantages:
Inefficient
Difficulties when states have conflicts
Duplication of effort costly
Not all citizens are treated the same
Define the three types of Congressional powers including implied, enumerated and inherent powers - ANSWER-Enumerated: Power stated in Constitution
Implied: Not stated in Constitution but inferred
Inherent: Assumed to exist as a result of the country's existance
Several powers held by the legislative branch - ANSWER-Tax citizens , Set the budget , Regulate commerce, Declare war, Provide advice and consent on appointments, Impeach individuals, Oversee the powers of the judicial and executive branches
Congressional powers as either implied, enumerated or inherent - ANSWER-Enumerated: Taxation, budget authority, power to regulate, power to declare war, checks on other branches including advice and consent and impeachment.
Implied: Power to oversee the other branches as well as reign in administrative agencies.
Examples of Congress exercising its power under the Commerce Clause - ANSWER-Regulating trade between states, setting a federal minimum wage, prohibiting discrimination employment.
Ways in which the legislative branch can engage in checks and balances with the other branches of government - ANSWER-Judicial:
Senate must approve judges and justices
Controls jurisdiction of the courts
Determines size of Supreme Court
House can impeach judges and Senate can remove them by two-thirds vote
Executive:
Can override a presidential veto by a two-thirds vote in both chambers
Must approve treaties by a two-thirds vote in the Senate
Control of funding activities of the executive branch
Presidential nominees must be approved by the Senate
Only Congress can declare war
House can impeach the president or vice president and the Senate can remove them by a two-thirds vote
Process of legislation and how bills become law - ANSWER-1. A bill is proposed
2. Introduced in house or senate
3. Passed to committee or subcommittee
4. Floor action: debate and voting
5. Conference committee resolves conflicting points. New version sent back for approval.
6. President can sign bill into law or choose to veto
7. If veto, congress can override veto by passing bill in house and senate by a 2/3rd majority.
8 YAY! New Law!
Purpose of congressional committees and describe several types - ANSWER-A committee is a smaller subset of representatives or senators that consider particular types of bill. Committees can be either long-standing or temporary.
Committees serve political as well as lawmaking functions.
Different committees:
House Committee
Resources Committee
Foreign Relations has sub-committees on Europe and Africa
Committee on Agriculture
Committee on Energy
Define reapportionment, redistricting, and gerrymandering - ANSWER-Reapportionment - Redrawing voting districts after a census
Redistricting - The redrawing of congressional district lines within a state to ensure roughly equal populations within each district
Gerrymandering - Process of redrawing legislative boundaries for the purpose of benefiting the party in power.
Role of the census in the reapportionment and redistricting processes - ANSWER-Reapportionment occurs when census data indicates needed adjustments so a state is not paying too much or too little in federal taxes.
Every state goes through reapportionment every 10 years. The census helps to determine the changes to its districts, taxes, etc.
Miller vs. Johnson - ANSWER-Race cannot be the dominant and controlling factor for redrawing congressional districts.
Evolution of the presidency in the United States - ANSWER-1. Established 1787
2. Electoral College emerged as way to elect/re-elect president
3. Duties outlined in newly-formed Constitution
4. Impeachment built into Constitution - clear process for removal
5. Twelfth Amendment - Pairs Presidential candidate with running mate on a ticket
6. Budget and Accounting Act of 1921 - Executive branch put in charge of forming budget.
7. Twenty Second Amendment limits terms
8. Expansion of Duties - From Washington who formed first cabinet to now President contributes to office.
Term limits for the President - ANSWER-2 terms or 10 years
Impeachment Process - ANSWER-Constitutional process for removing executive officers & judges for "treason, high crimes & misdemeanors" (whatever Congress thinks is impeachable). Two stages: (1) House decides to impeach (accuse) target (simple majority); (2) Senate holds trial to convict (2/3 majority). Andy Johnson and Bill Clinton were impeached but not convicted. Nixon resigned as Articles of Impeachment were being drafted!
Duties of the President - ANSWER-1. Commander in Chief
2. Negotiate Treaties
3. Establish budget
4. Receive representatives of foreign countries
5. Execute laws faithfully
6. State of the Union
7. Veto
8. Nominating federal judges
9. Make appointments to military and diplomatic posts.
Powers of the President - ANSWER-Pardon/Reprieves, Removal, Line-item Veto, Executive Orders, Appointing Federal Judges, Signing Statements, Commander-in-chief, Executive Agreements, Rally around the flag affect, Persuade and drive public opinion, Negotiate, cut deals, make compromise privately
Executive order - ANSWER-Executive orders provide direction to government agencies and deal with routine matters. In some cases, however, executive orders can be used to achieve policy goals in areas where Congress has been unwilling to act or is even opposed to the desires of the president. Executive orders, however, cannot directly contradict or change existing law.
Presidential Power Limitations - ANSWER-Presidential powers are limited when it comes to checks and balances when it comes to such things such as nominations since the Congress is the one that confirms those nominations. Usually most presidential powers are held in check by congress and likewise.
Recess Appointment Clause - ANSWER-The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Federal Judiciary - ANSWER-1787: Born under Article III
1789: Framework for basic structure laid
1803: Marbury v. Madison Judicial Review is born
Federal Judiciary Powers - ANSWER-Power to regulate interstate commerce
Considers specific cases and narrower questions
Often applies 'stare decisis' or letting a decision stand in ruling [Show Less]