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Govt 101
Question | Answer |
---|---|
executive order | laws made by the president |
administrative laws | when bureaucratic actors exercise their lawmaking power on behalf of congress. Ex: food, air traffic, PJ material for kids |
statutory laws | laws that legislatures make at the state or national level |
constitutional laws | establish basic powers and limitations on governmental institutions and their relationships and guarantee basic rights of citizens |
civil laws | regulate interactions between individuals |
criminal laws | prohibit specific behaviors that the government has determined are not conductive to public peace (like murder) |
procedural laws | establish procedures used to conduct the law how the law is used, applied, and enforced |
substantive laws | laws whose content defines what we can and cant legally do |
common law | relied on royal judges making decisions based on their own judgement and on previous legal decisions |
five functions of law | 1) provide security 2) provide predictably 3) conflict resolution 4) reflect and enforce conformity to societies values 5) to distribute the benefits and rewards society has to offer and to alocate the costs of those good things |
traditional presidency | inherent powers aka implied powers |
judicial power of the president | - appoint federal judges - pardoning power - appoints solicitor general |
solicitor general | appointed by the president who argues cases for the government before the court |
legislative powers of the president | 1) state of the union address 2) presidential veto (congress can only over ride with 2/3 vote) 3) executive order |
qualifications and conditions of president | - natural born citizen - 35 years old - resident 14 years - succeeded by vice president - removed by impeachment - chosen by electoral college |
how a bill becomes law | bill is introduced committees and subcommittees considers bill house & senate considers bill and votes conference committee resolves differences bill passes in both houses president signs or vetoes bill |
senate | - 6 years - 30 years old - 9 years citizenship - tries president - 2/3 approval for treaties - majority approval for president appointments - 100 members - 16 standing committees |
House | - 2 years - 25 years old - 7 year citizenship - 435 members - 20 standing committees - impeaches president |
powers of congress | - regulate commerce - raise and spend $ for national government - provide economic infrastructure(roads) - foreign policy (power to declare war, ratify treaties, raise and support armed forces) |
who tries and impeaches the president? | senate tries, house impeaches |
four functions of congress | 1) representation 2) national lawmaking 3) constituent making 4) resource allocation |
politics | who gets what and how |
gideon v. wainwright | 6th amendment- right to counsel gideon wasnt given a lawyer and tried to defend himself, convicted of BNE and stealing $ |
6th amendment | the right to counsel |
how are felons treated? | - denied the right to vote except in maine and vermont |
bills of attainder | laws that single out a person or group guilty without trial |
two reasons why the balances between the powers have changed | 1) constitution was kept vague to get ratified 2) supreme court makes interpretations |
miranda rights | miranda v. arizona dont have to incriminate yourself "right to remain silent" |
bill of rights | limits the power of government over individuals |
virginia plan | by james madison strong national govt 2 houses single executive |
dual federalism | each level of government is separate from the other and carries its functions out independently |
civil rights | extension of government action to secure citizenship rights for all members of society "dont discriminate" |
civil liberties | individual freedoms that place limitations on the power of government protect our right to think and act without government interference |
federalist papers | series of newspaper editorials written to encourage people to support and vote for the consitution |
three-fifths compromise | - south wnted to count blacks as population to determine the number of reps they got even though blacks wont vote - north said blacks cant vote therefore they shouldnt be counted as part of the population - deal: each slave counts as three-fifths a pers |
great compromise | - kept virginia plan - single executive - national judicial system - bicameral - neither large or small states could hold the government |
necessary and proper clause | justification for giving congress powers never mentioned in the Constitution article 1 section 8 |
free exercise clause | congress is forbidden to make a law prohibiting free exercise of religion |
supremacy clause | constitution is the "supreme law of the land" |
intermediate standard of review | court looks to see whether the law requiring different treatment of people bears a substantial relative to state interest |
classification of sex | - quasisuspect - intermediate standard of review |
classification of race | - suspect - under strict scrutiny |
nonsuspect classification | least scrutinized tier |
strict scrutiny | the court looks very carefully at the law and the government interest involved |
americans who are treated unequally... | - have less power to use the system to get what they want and need - to secure the resources available - to gain new resources |
rules | the how in "who gets what and how" - determine how resources are allocated and how collective action takes place |
block grant | broad program requirements - avoided b/c congress fears states will do what they want instead of what congress wants - congress loses electoral appeal b/c they cant take credit for programs |
constitutional convention | - established different set of rules than the art. of confederation |
suspect classification | require that the government have a compelling state interest for treating people differently |
racism | institutionalized power inequalities in society based on the perception of racial differences |
quasisuspect classification | court views as less dangerous |
classification of age, economic level | - nonsuspect classifications - minimum rationality test |
concurrent powers | powers that both level of govts share - borrow and spend $ - charter and regulate banks - collect taxes - establish courts and highways - pass and enforce laws - take private property for public purposes |
federalism | political system in which authority is divided between different levels of government - each level has some independent power, but no level is entirely dependent |
power | the ability to get other people to do what you want |
factions | interest groups that are motivated by a common interest but a different interest from the country |
amendability | founders provision for a method of amendment or change that allows the constitution to grow and adapt to new circumstances |
views of Locke | people have freedom and rights before government does - social contract |
subject | have obligations but no rights |
citizens | people who have rights and obligations |
shay's rebellion | 1786 mobs of musket-wielding farmers from western MA marched into courts and disrupted trials of debtors in an attempt to prevent their land from being foreclosed |
confederal systems | local units hold all the power and the central government is dependent on them for existence |
unitary system | central government has all the power |
cooperative federalism | national and state powers are interdependent and require cooperation |
role of political parties | 1) provide linkage between votes and elected officials 2)overcome some fragmentation that happens because of the separation of powers 3) provide articulate opposition to the ideas and policies of those elected to serve in government |
views of James Madison on political parties | - concerned with the political power groups who would use the rules of politics to get what they wanted at the expense of everyone else |
roles of interest groups | 1) representation 2) participation 3) education 4) agenda building 5) provision of program alternatives 6) program monitoring |
direct lobbying | face to face interaction between lobbyists and members of government |
why Americans dont vote | 1) legal obstacles 2) attitude changes 3) voter mobilization 4) decrease in social connectedness 5) generational changes |
factors on how a voter decides | 1) party ID and social groups 2) issues and policy 3) candidate |
Presidents cabinet | 1) VP 2) agriculture 3) commerce 4) defense 5) education 6) energy 7) health and human services 8) homeland security 9) housing and urban development 10) interior 11) labor 12) state 13) transportation 14) treasury 15) attorney general |
House rules committee | determines how and when debate on a bill will take place |
standing committee | permanent committees responsible for legislation in particular policy areas |
joint committee | combined house-senate committee to coordinate activities |