POLS chapter 2 and 3

What powers domestically does the President have? In foreign affairs?

Domestic takes care are faithfully executed and veto power and pardon all federal crime and nominates federal judges.. foreign affairs- commander and chief of powers, negotiator of treaties, and decides who we have diplomatic ties with

How is a state's representation determined in the House (what is the actually process)? In the Senate?

Each state gets two seats in the Senate. Texas senators - Ted Cruz and John Cornyn. In the House it is determined by population.

Which courts are enumerated in Article 3?

Enumerate- written down, only says there should be a supreme court. And all other inferior courts congress

What are the distinctive features of the Constitution?

Establishes separation of powers/checks and balances, creates federalism, and lacks a Bill of Right---three distinct things of the constitution

Why are the protection of minorities so important in a democratic system

Everybody is supposed to be happy, everybody has to live the rights

What is federalism? In our federalist system, what are the powers of Congress (federal government)? What are the powers of the States?

Fed- defining feature of our gov, division of power between fed and states Congress, defined and national gov, clearly defined in the constitution, Division of power between national and state powers. Congress wasn't granted legislative power. National gov only possess limited powers, states retain the rest. States don't look to the Constitution for power

What were the weaknesses of the Articles of Confederation?

Federal government was too weak, could not enforce laws, states could ignore laws, congress had no power to levy taxes/trade, no power to coin money- 5 things

Explain 2 circumstances in which speech can be regulated.

Fighting words lead to a violent action. Government can regulate/punish speech if it leads to "imminent lawless action."

What is the underlying idea of the Constitution?

Founders believed that we needed something to protect us. Federal gov that has limited and checks and balances, the states should retain significant authority. Created a roadmap to gov, if we think about what we are struck by there is balance and 3 branches, check each other and congress has power and states do as well

What are the two remedies to "curve" the mischief of a faction?

Given the nature of man, factions are inevitable (bound to happen, nothing can stop them). As long as men hold different opinions, have different amounts of wealth, and own different amount of property, they will continue to fraternize with people who are most similar to them.

What is Due process

Government can not deprive you of life, liberty or property unless: they provide you a fair judicial hearing

What is the Free Exercise Clause of the First Amendment? Under what circumstances can government restrict religious practices?

Government cannot criminalize you for your religious practices. They CAN pass secular laws that have a valid purpose.

What questions remain from the Supreme Court's decision in Heller v. D.C. (2008)?

He answered that individuals have a right to self protection. DID NOT ANSWER: o What types of unusual weapons can government ban? o What types of restrictions can government place?

In which House do all bills that raise revenue for the federal government originate from?

HoR only body in constitutional system to reflect the popular will. Just a house that is closes to the people. Only bill is the bill to raise taxes. Any type of bill revenue and taxes in the house

Explain why Congress has a significant influence in the creation of the judicial system.

Inferior courts below the supreme court, senate approves president

Why is there very little mention of individual rights and liberties in the Constitution?

It created a roadmap to gov, Dos and DONTS , article 3- supreme court, article 4 how we interact, PROTECTED LIBERTY

What are the 2 ways the US constitution can be amended?

It must be approved 2/3 of both houses of congress and ¾ of state legislatures. -ORR 2/3 of state legislatures may ask congress for a constitutional convention to amend them, and must have ¾ approval of the States.

What 2 protections in Article 3 provides federal judges with independence

Judges being independent. Protection from retaliation

If a faction is in the minority, how can it be defeated?

Majority can defeat it through simple vote. Republican form of gov. to control the violence of a faction

Know the Protections of the Third Amendment

No soldier shall in time of peace, be quarted in any house, without consent of the owner, nor in time of war, but in manner to be perscribed by law

According to Federalist 10, what is a good government?

One that controls the violence of the factions

What is the difference between the Supreme Court's original and appellate jurisdiction?

Original- court is the first judicial body to hear the case (states sue states). Appellate(Appellate jurisdiction is the power of a higher court to review decisions and change outcomes of decisions of lower courts. Most appellate jurisdiction is legislatively created, and may consist of appeals by leave of the appellate court or by right)- all other cases worked their way up the judicial system (the final appeal).

Overall, how would you describe how the constitution creates America's republican democracy?

People elect representatives

Who has the power of impeachment (get kicked out of office)? Who tries impeachment cases?

Power- House of representatives. Tries- Senate

Know the Protections of the Eight Amendment

Protection if you are criminally accused

Know the Protections of the Sixth Amendment

Protection if you are criminally accused

Know the protections of the Seventh Amendment

Protection if you are criminally accused

What individual rights and liberties are mentioned in the Constitution?

Right of trial by jury, habeas corpus, no religious test for office, no passing ex post facto laws.

What is a democracy? What is the one flaw with a fully democratic system?

Rule by the people. Citizens hold political authority and develop the means to govern themselves. There is no protection of minorities.

What does the "search and seizure" clause of the 4th Amendment specify? What are exceptions to the warrant requirement?

Search warrants must be supported by probable cause. EXCEPTIONS: - items in plain sight are subject to seized - view a crime - when arrested, your person and immediate area are subject to search; including cell phone

What is Separation of Powers? How does "SoP" best protect freedom and liberty (even more so than a Bill of Rights)?

Separation of powers- created, enforces, interprets law- 3 different branches of gov divided and shared equally between 3. Each is independent, can't encroach on eachother, SOP at work

Article 4 deals with what issues

State power and limitations. Full faith and credit for all public acts, records, and judicial proceedings.

What does it mean to say Congress (federal government) has limited and defined powers? What powers do the States have under the Constitution? Congress has a specific power in the constitution?

The enumerated powers, congress was not granted general legislative authority. They do have "implied powers" - powers that are "necessary and proper" to carry out its enumerated powers. States retain all other powers.

Why did supporters of the Constitution feel that a Bill of Rights was unnecessary?

The government isn't given any power to say and infringe on freedom of speech. We don't it want it to be assumed, We don't want to list them because we don't want to forget,

If a faction is in the majority, how does a republican form of government control its violence?

The representatives elected will have better judgment than the majority of the electorate and not given in to the will of the faction

How did the Supreme Court interpret the Second Amendment in Heller v. D.C.(2008)? What limits are placed on gun rights?

There exists an individual right to possess a gun, for self-defense in one's home - Government can still ban "unusual weapons"- no reason for a bazooka or grenade or missals - Government can restrict carrying arms in "sensitive areas" airports, capital - Government can restrict "who" gets weapons

What was the purpose of the Declaration of Independence?

To give, a view of government!! Break up letter to king George! Great Britain war!! To secure these rights, governments are created to secure that in America individuals are allowed to peruse and live the life they want

Why is it problematic if a representational scheme is too small? Too large? How does the Constitution find a balance between these two issues?

Too small - too attached to local interests. Too big - Render the representative uniformed about local circumstances and interests. Balance - "Great and aggregate" interests handled by the national government. Local and particular interests handled by the state governments

What is a unitary system of government?

Ultimate authority rests within the national government. State powers barely exist

What was the debate between Large and Small State Interests at the Convention? What compromise did they agree to?

Virginia Plan. The legislative branch would consist of two chambers: a lower chamber elected by the people and an upper chamber elected by the lower chamber. Each chamber would have representation proportional to the populations of the states: the lager the population, the more representatives a state would have.

What was the Virginia Plan? The New Jersey Plan? The Connecticut Compromise?

Virginia plan- planned on the structure offered by the large states, bi-cameral, state representation by population the congress would elect president and judicial branch. Everything is based on population then the large states New jersey- by small states- keep congress and states are equal and do congress the power it lacked. Retain state equal. Then needed a president, judges by president Connecticut- bi-cameral leg, large states win in hoR because of population, agreement with large and small states

What's the importance of the Preamble of the Constitution?

WE THE PEOPLE. Our desire to be an independent nation by a democratic peoples government.

When can government be changed (according to the Declaration)?

When it becomes destructive - goal is for people to be safe and happy

What was the debate between Slave and Free Interests at the Convention? What compromise did they agree to?

Whether they were considered people are not. Slave issues- congress would have no power to regulate the slave trade until 1808 - For representation and tax purposes, slaves would be counted as 3/5 a person - Constitution would remain silent on slavery in the western territories. However, fugitive slaves are required to be returned to their owner

What are the 2 ways Federalist 10 explains how factions could be removed/destroyed?

Why are these impossible? Destroy liberty or give every citizen the same opinions, passions, and interests. Because it is nature of man to be different.

What are the police powers of the State?

Your freedom of speech is your right to speak out on political issues without free of retribution. Non state actors CAN punish you.

What is the purpose for the protection of speech found in the First Amendment?

Your freedom of speech is your right to speak out on political issues without free of retribution. Non state actors CAN punish you.

What is the constitutional system

a fundamental law (what the government can do and what they cannot do) that is the foundation for the structure/powers of government

What is a confederate (confederal) government?

an association of sovereign members that delegate certain powers to a common institution- rule for common institution - rule for common good

What is the Exclusionary Rule?

any evidence produced by an illegal search, cannot be used against the accused at trial. MAPP V. OHIO 1961

According to Federalist 10, why can't democracies control factions?

because if a faction is in a majority, then they will pursue their interests at the expenses of national welfare and because they are inevitable.

Generally speaking, what are the federal government's enumerated powers? Their implied powers?

enumerated powers = those listed in the Constitution; implied powers = those powers not enumerated, but necessary and proper to carry out an enumerated power.

Fully explain the social contract theory

individuals formed government (because of the state of nature of humans) to protect unalienable(rights that can not be taken away) rights (life, liberty, and property/pursuit of happiness)

Explain the protection of self-incrimination. When does it apply?

no person can be forced to give testimony again oneself either during a criminal investigation, or at trial - you have the right to remain silent

What was the founders' struggle over a centralized national government, versus State power?

wanted to give the states as much power and independence as possible; states retained all power not expressly given to the national government; feared a centralized national government

Know the protections of the First Amendment.

• Free Exercise Clause- free to worship how you wish • Freedom of speech • Symbolic speech- Non verbal activities that convey a political message have been given the same protections as speech (burning an american flag) • Freedom of speech • Rights of association

Know the protections of the Fourth Amendment.

- Nonreasonable search and seizers - Search warrants must be supported by probably cause - Greater exception of privacy - Exclusionary rule- any evidence produced by an illegal search, cannot be used against the accused at trial - Mapp v. Ohio (1961) Right of the people to be secure, houses, papers and effects against unreasonable searches

What are the 3 main ideas presented in the Declaration of Independence?

1. Rights of men- all people in America have life, liberty, pursuit of happiness 2. Purpose of government 3. When government can be changed

Know the protections of the Fifth Amendment

5- Protection of Double Jeopardy - If a person is found non-guilty for committing a crime, they cannot be tried/arrested again for the same crime - Protection of self-incrimination-you can be forced to give testimony again; you have the right to remain silent - Due Process: Government cannot deprive you of life, liberty or property unless they provide you a fair judicial hearing - Governments power of eminent domain- government can seizer your private property, if: land will be used for the public use

What is the purpose of Government (according to the Declaration)?

All men are created equal and have certain unalienable rights

What is the Establishment Clause of the First Amendment? How do we assess whether government has violated (not-violated) the Establishment Clause (Lemmon Test)?

Any law that you pass has to have a secular (non religious) purpose . the law may neither or inhibit a particular religion over another. Church and state must avoid entanglement with each other

What are the police powers of the State?

Anything that is not given to the fed gov and the states have the remained, which is the police powers, welfare, health and safety

Briefly describe what powers/limitations are in Article 1, Section 8. Section 9, and Section 10.

Article 1- legislative branch Section 8- enumerates (written out laws) congressional power Section 9- limits congressional power Section 10- limits state power

Which article makes the Constitution the Supreme Law of the Land?

Article 6

What is Supremacy Clause?

Article 6- supremacy claws- makes constitution and federal laws supreme over state laws

Why did the founder's believe a Constitutional system was necessary?

Best way to ensure that you have a political system, you create a constitution as fundamental, dos and donts, everybody knows specifically, A SYSTEM WHAT COULD DO AND COULD NOT DO

What is a faction? Why are they inevitable?

Citizens, either majority or minorities, who are united by a common impulse of passion and interest. They are bound to happen so nothing can happen to separate them

How would "supporters" of gun rights interpret the Second Amendment? Opponents?

Deals with how the militia Supporters o There exists an individual rights to keep and bear arms Opponents o Militia clause limits the right to those in organized militias (organized state force)