Unit 3 - C963 American Politics
Congress Oversight
Power to investigate/review bureaucratic agencies and bureaus to ensure they are implementing the laws as intended
Implied Powers
Powers not expressly defined in the Constitution, but assumed through interpretation.
Which president mentioned the creation of the Peace Corps in his first inaugural address, indicating a shift in priorities from the previous administration? Select the one correct answer. President Jimmy Carter President Franklin Roosevelt President Barack Obama President Kennedy
President Kennedy Kennedy was able to mobilize young people.
How did President Polk bring about a war with Mexico? Select the one correct answer. President Polk ordered American troops to occupy disputed territory in his capacity of commander-in-chief. President Polk used economic pressure in his role of chief diplomat. President Polk issued an ultimatum to Mexico in his role of chief diplomat. President Polk broke off diplomatic relations with Mexico.
President Polk ordered American troops to occupy disputed territory in his capacity of commander-in-chief. This was the method that he used to create a military confrontation in which Mexico could be blamed for starting the war.
Recess Appointment
Presidential appointment made without Senate confirmation during Senate recess
What is a way that presidents use executive agreements? Select the one correct answer. Presidents use executive agreements to avoid asking Congress for money to fund activities. Presidents use executive agreements to avoid the risk that the Senate will not approve a formal treaty. Presidents use executive agreements to send troops into a combat situation. Presidents use executive agreements to limit immigration flows into the United States.
Presidents use executive agreements to avoid the risk that the Senate will not approve a formal treaty.
Gerrymandering
Process of redrawing legislative boundaries for the purpose of benefiting the party in power. Involves the illegal re-drawing of electoral districts in order to gain an unfair electoral advantage.
Full Faith and Credit Clause
Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
What is the major difference between congressional budget committees and appropriations committees? Select the one correct answer. While the budget committees set overall spending limits, the appropriation committees are responsible for recommending specific allocations of funds. There is no difference; these are just different names for the same committees. While the president may veto individual sections of appropriations bills, he may not veto budget resolutions. The congressional budget committees are less powerful because the president, not the Congress, has ultimate control over the federal budget.
While the budget committees set overall spending limits, the appropriation committees are responsible for recommending specific allocations of funds. The Appropriations process allocates specific funds, or specific spending authority, while the budget process is concerned with the "big picture."
Which of these statements best describes the ruling of the Supreme Court on the issue of statistical sampling during a census? Select the one correct answer. The Supreme Court ruled that census procedures were up to the individual states, not the federal government. The Supreme Court permitted statistical sampling, noting the difficulties of counting over 300 million people. The Supreme Court permitted statistical sampling as long as the government presented evidence that certain identifiable groups were under-counted. The Supreme Court disallowed statistical sampling, saying that the Constitution requires an "actual enumeration."
The Supreme Court disallowed statistical sampling, saying that the Constitution requires an "actual enumeration." The Constitutional language requires an "actual enumeration," which, according to the Supreme Court, means that people must actually be counted.
Supermajority
a number greater than simply more than 50 percent, such as two-thirds
The Tenth Amendment
affirms the states' reserved powers: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." This Amendment is the reason why each state has its own health and safety rules and even its own marriage and divorce laws.
Reserved Powers
any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government
Interstate Commerce Clause
Enumerated power that congress has the power to regulate commerce between all foreign nations and between the states.
Marbury v. Madison (1803)
Established judicial review; "midnight judges;" John Marshall; power of the Supreme Court.
Article III of the Constitution
Judicial Branch
Standing Committee
Permanent committees that exist from session to session for the purpose of researching, writing,and introducing proposed pieces of legislation
Domestic Policy
Plans for dealing with national problems
U.S. Judiciary
features a dual court system comprising a federal court system and the courts in each of the fifty states. On both the federal and state sides, the U.S. Supreme Court is at the top and is the final court of appeal.
Criminal Cases
involve crimes or conduct that is harmful to others and the punishments are based on the seriousness of the crime. Civil cases involve two private parties, where one part alleges harm from the other. Remuneration is usually in the form of property or money.
The Supreme Court
the highest federal court in the United States
District Courts
the lowest federal courts; federal trials can be held only here
Discretionary Spending
Spending that can be altered from year to year through the appropriations process.
Federal and State Power Lesson Summary
*These two important Supreme Court cases illustrated how the Supreme Court expanded the power of the national government through the Necessary and Proper Clause's implication of expanded powers, the Supremacy Clause, and the expressed power of Congress to regulate commerce. *Although language existed in the Constitution that increased the powers of the national government over the states, the Supreme Court found itself in the contentious debate between the national government and the states, ultimately using the Constitution to increase the powers of the national government.
Powers of the Legislative Branch Lesson Summary
*While not exhaustive, the powers just discussed will give you a good idea about what the framers of the Constitution decided Congress should do. Many of the powers granted to Congress were meant to correct some of the deficiencies of the Articles of Confederation; most of the powers are explicit in the Constitution's text although the power of oversight is implied. *As a reminder, some of the key expressed powers of Congress include the power to tax, the power to regulate commerce, the power to borrow money and coin money, the power to declare war, the power to give advice and consent, and the power to impeach the president and judicial officials
Elastic Clause
-also known as the "necessary and proper clause" -It was the one phrase in the Constitution that would allow the passing of any law that was considered "necessary and proper". -Federalists said that the "Elastic Clause" allowed a loose interpretation of the Constitution, and therefore they could create a national bank since it was "necessary and proper".
What is the process of lawmaking?
1. The bill is introduced and given to the appropriate standing committee. 2. The bill is sent to the Rules Committee. 3. The bill is debated in the House of Representatives and Senate with the possibility of a filibuster in the Senate. 4. The bill is voted upon by the House of Representatives and the Senate. 5. The bill is sent to the conference committee to form one unified bill. 6. The unified bill is sent back to the House of Representatives and Senate to be voted upon. 7. The bill goes to the president for signature or veto. If vetoed, Congress has the ability to override the veto.
Congressional Powers
1.Tax citizens 2.Set the budget 3.Regulate commerce 4.Declare war 5.Provide advice and consent on appointments 6.Impeach individuals 7.Oversee the powers of the judicial and executive branches
Privileges and Immunities Clause
A clause in Article IV, Section 2, of the Constitution according citizens of each state most of the privileges of citizens of other states.
Census
A complete enumeration of a population, completed once every ten years
Which of these statements describes one major difference between a joint committee and a conference committee? Select the one correct answer. The name only. They are simply different terms used to describe the same thing. A conference committee meets to consider one specific piece of legislation that has been passed in different forms in the two houses; a joint committee can be permanent. A joint committee has members of both houses serving on it; a conference committee does not. Conference committees are usually created by statutes, while joint committees are usually created by the rules of the House and Senate.
A conference committee meets to consider one specific piece of legislation that has been passed in different forms in the two houses; a joint committee can be permanent. A conference committee has one purpose only—to unify competing versions of a bill that has passed both houses of Congress.
What are the principal topics of a presidential State of the Union address? Select the one correct answer. A discussion of past achievements only A focus on foreign policy and military affairs A discussion of past achievements and an agenda for the future A focus on domestic affairs only
A discussion of past achievements and an agenda for the future Presidents present their plans for the future and the goals they hope to achieve and invariably highlight what they see as past accomplishments.
Executive Memorandum
A frequently used executive instrument similar to and executive order.
Which of these is an example of a federal judge's applying stare decisis? Select the one correct answer. A judge revises her initial ruling based on the introduction of new evidence. A judge in a 2001 case rules unconstitutional a law that unduly limits a woman's access to abortion. A judge issues a search warrant based on probable cause. A judge determines that a public school's requirement for a morning prayer violates the 1st Amendment's Establishment Clause.
A judge in a 2001 case rules unconstitutional a law that unduly limits a woman's access to abortion. A woman's right to abortion has been established precedence since 1973.
Majority Whip
A leadership position from whose job it is to help coordinate strategy among the members of their political party.
Minority Whip
A leadership position whose job it is to help coordinate strategy among the members of their political party
Common Law
A legal system based on custom and court rulings stands in contrast to code law systems, which provide very detailed and comprehensive laws that do not leave room for much interpretation and judicial decision-making.
Budget Resolution
A model of what the government plans to spend and take in as revenue over the next fiscal year. Includes a set of budgets, priorities, and discretionary spending limits.
Inherent Power
A power of the president derived from the statements in the Constitution that "the executive Power shall be vested in a President" and that the president should "take Care that the Laws be faithfully executed"; defined through practice rather than through law.
Select the one correct answer. The process of nominating a Justice for the Supreme Court involves: A presidential appointment and confirmation by the House of Representatives. A presidential appointment and confirmation by the Senate. A presidential appointment only. A presidential appointment and confirmation by both the House of Representatives and the Senate.
A presidential appointment and confirmation by the Senate. Confirmation by the Senate is necessary before an appointment is final.
What is the purpose of a presidential signing statement? Select the one correct answer. A presidential signing statement provides a reason for vetoing legislation. A presidential signing statement indicates how the president plans to interpret a law. A presidential signing statement explains a pardon. A presidential signing statement is a necessary part of the process of issuing an executive order.
A presidential signing statement indicates how the president plans to interpret a law.
Cloture
A procedural mechanism whereby 60 members (three fifths) of the entire Senate vote to end a filibuster
Pork-Barrel Spending
A provision in a bill that benefits a specific congressional constituency
Select the one correct answer. In 2005, President George Bush appointed John Bolton the U.S. Ambassador to the United Nations while the Senate wasn't in session. This is an example of: Congressional deference. Executive privilege. Traditional presidential prerogative. A recess appointment.
A recess appointment. President Bush made an appointment that would normally be considered by the Senate, while the Senate was not in session.
Filibuster
A rule only permitted in the US Senate that allows a member of the Senate to prevent action on a bill or vote by continuously speaking.
Committees
A small set of representatives tasked with considering, researching,introducing, and investigating particular policy areas.
Federalism
A system of government that divides power and authority between the national government and state governments
Conference Committees
A type of joint committee whose job it it to form one unified bill of different versions of the same piece of legislation passed by the House of Representatives and the Senate to be sent to the President.
Impeachment
An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing "Treason, Bribery, or other high Crimes and Misdemeanors."
Select the one correct answer. A judge that seeks to reverse the current trend of judicial activism could be considered to be: An activist judge. Respectful of judicial precedence. A restrained judge. A political partisan.
An activist judge Activism is often defined as a departure from the accepted status quo.
Why did Andrew Jackson veto Congressional legislation? Select the one correct answer. Andrew Jackson wanted to defend the executive branch against Congressional efforts to control the presidency. Andrew Jackson wanted to avoid putting government money in the national bank. Andrew Jackson disagreed with the content of the legislation. Andrew Jackson wanted to maintain freedom of action as chief diplomat.
Andrew Jackson disagreed with the content of the legislation. He used the veto, like modern presidents, because of policy disagreements.
The Supremacy Clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
Why can federal courts hear appeals involving state laws? Select the one correct answer. Because the Thirteenth Amendment gave the federal courts that power Because Barron v. Baltimore prohibited appeals to the federal courts Because federal law always preempts state law Because state laws cannot conflict with the Constitution
Because state laws cannot conflict with the Constitution The Constitution is the supreme law of the land.
Which is true regarding the rights that states have under federalism? Select the one correct answer. Before the Fourteenth Amendment was passed, states could ignore the Bill of Rights. States can currently require office holders to be follow a specific religion. States have no specific rights under the Constitution. Federalism gives all power to the national government.
Before the Fourteenth Amendment was passed, states could ignore the Bill of Rights. The Bill of Rights only applied to the national government until the Fourteenth Amendment was ratified by the states.
What is an important role for a newly elected president's transition team? Select the one correct answer. Finding office space for the president's team Creating the president's political agenda Briefing the new president on executive agreements Picking the vice president
Briefing the new president on executive agreements The new president needs to indicate to foreign leaders which of these agreements he will continue to honor.
How were Japanese American citizens of the United States forced to move from the West Coast to relocation camps in the interior of the United States? Select the one correct answer. Only after an appeal to the Supreme Court By executive order By an act of Congress By order of the governors of California, Oregon, and Washington
By Executive order. President Roosevelt, a chief executive, used to power to authorize the relocation.
Gibbons v. Ogden
Commerce clause case (1824). Decision greatly enlarged Congress' interstate commerce clause power by broadly defining the meaning of "commerce" to include virtually all types of economic activity. Pair with Lopez & Morrison cases (limiting commerce power).
Joint Committees
Committees that have both members of the House of Representatives and the Senate serving and working together
In 2017, the state of Oregon levied taxes on personal income ranging from 5.0% to 9.9%. What type of power is this an example of? Select the one correct answer. Expressed power Concurrent power Reserved power Implied power
Concurrent Power Both the federal and state levels can tax income.
To whom will a president's power of persuasion usually be most important? Select the one correct answer. The bureaucracy Congress Members of the opposition party The public
Congress Presidents need Congress to pass critical policies and can use both public and private measures of persuasion.
Which of these statements is true about Congress's power to coin money? Select the one correct answer. Congress's power to coin money is limited to "coining" with precious metals; Congress may print paper money, but may not force anyone to accept it. Congress's power to coin money is an implied, not an enumerated power; the power to establish currency is inherent in sovereignty. Congress's power to coin money existed under the Articles of Confederation as well as under the 1787 Constitution. Congress's power to coin money gives it the authority to print paper money and to force creditors to accept that paper money, according to the Supreme Court.
Congress's power to coin money gives it the authority to print paper money and to force creditors to accept that paper money, according to the Supreme Court. In the Legal Tender Cases, the Supreme Court said that Congress could print paper money and make it "legal tender," forcing creditors to accept it.
Which of these functions do congressional committees serve? Select the one correct answer. Congressional committees save Congress time because a finance bill only needs to be approved by the Finance Committee and not the whole chamber. Congressional committees fulfill a constitutional requirement that Congress divide itself into committees. Congressional committees ensure that all voices are heard on bills, as committee seats are usually evenly divided between the parties. Congressional committees allow members of Congress to become experts on selected matters by concentrating their work on a few committees.
Congressional committees allow members of Congress to become experts on selected matters by concentrating their work on a few committees. Members of Congress will usually focus their work on committees that are of interest to their constituents.
The Budget and Accounting Act of 1921
Created the Bureau of the Budget and the General Accounting Office.
Th courts and public policy
Even with judicial review in place, the courts do not always stand ready to just throw out actions of the other branches of government. More broadly, as Marshall put it, "it is emphatically the province and duty of the judicial department to say what the law is."4
Why do presidents use executive orders? Select the one correct answer. Executive orders provide a means of dealing with foreign leaders without treaties and Senatorial approval. Executive orders are a way of getting around Congress when the legislature is not acting in a given area. Executive orders are not subject to judicial review. Executive orders are a way of starting programs without Congressional approval for spending money.
Executive orders are a way of getting around Congress when the legislature is not acting in a given area. Executive orders can create new policies when presidential initiatives are bogged down in Congress
In 1789 Congress passed the Tariff Act, which levied tariffs and tonnage duties on goods imported into the United States. What type of power is this an example of? Select the one correct answer. Expressed power Implied power Concurrent power Reserved power
Expressed Power Congress is specifically allowed to levy tariffs and duties.
What is the best definition of expressed powers? Select the one correct answer. Expressed powers are those powers not specifically listed in the Constitution, but assumed through interpretation. Expressed powers are those powers that belong solely to the states. Expressed powers are those powers belonging to both the national and state governments. Expressed powers are those powers specifically granted to the national government in the Constitution.
Expressed powers are those powers specifically granted to the national government in the Constitution. Articles I and II of the Constitution provide an enumerated list of powers to both the legislative and executive branches of government.
What is the key source for the interpretation of the Constitution? Select the one correct answer. State legislatures Congress Federal judiciary The president
Federal Judiciary The federal courts interpret whether or not actions by other parts of the government violate the Constitution.
Which of these is a true statement concerning federal income tax? Select the one correct answer. Federal income tax is equally applied to all taxpayers at a "flat" tax rate. Federal income tax required the ratification of a constitutional amendment, after the Supreme Court ruled that a previous attempt to tax income was unconstitutional. Federal income tax has always been the federal government's primary source of revenue. Federal income tax was constitutionally authorized by Congress's Article I powers.
Federal income tax required the ratification of a constitutional amendment, after the Supreme Court ruled that a previous attempt to tax income was unconstitutional. Since previous congressional attempts to tax income were not "apportioned," the Supreme Court ruled they were unconstitutional. The Sixteenth Amendment to the Constitution permitted Congress to tax income without regard to apportionment.
Executive Order 9066
Following Pearl Harbor in 1941, 112,000 Japanese-Americans forced into camps causing loss of homes and businesses
Why was the Twenty-Second Amendment proposed by Congress and ratified by the states, limiting the president to two terms in office? Select the one correct answer. Franklin D. Roosevelt won four consecutive terms, violating the principle established by George Washington of serving only two terms. The Supreme Court ruled against an effort by Congress to limit the president to two terms. A number of presidents had attempted to serve more than two terms in the 1800s. The Presidency was becoming too weak.
Franklin D. Roosevelt won four consecutive terms, violating the principle established by George Washington of serving only two terms. Many people were unhappy with the fact that Roosevelt ran for four terms and was elected four times, setting a bad precedent for the future.
What is gerrymandering? Select the one correct answer. Gerrymandering means targeting election advertisements for a particular area of a district or state. Gerrymandering means drawing electoral boundaries to favor a particular political party or group. Gerrymandering is an effort to suppress the vote for the opposition party by limiting voting hours. Gerrymandering is a term used for falsifying vote totals to ensure the election of a party or candidate.
Gerrymandering means drawing electoral boundaries to favor a particular political party or group. State legislatures frequently draw the boundaries to give the majority party an unfair advantage.
What happens when the president vetoes a piece of legislation? Select the one correct answer. It will usually be overridden if the opposing party has the majority of seats in Congress. He must send the bill back to the originating house with his objections to it. The bill will only become law if both houses vote to override by a two-thirds vote. The bill is dead. The president's veto is an absolute barrier to the bill becoming law. He must send the bill back to the originating house, which must then draft legislation addressing the president's concerns.
He must send the bill back to the originating house with his objections to it. The bill will only become law if both houses vote to override by a two-thirds vote. This procedure is mandated by the Constitution. If either house fails to override the veto by a two-thirds super-majority, the bill is dead.
Pocket Veto
If a bill is not signed by the president in ten days, and Congress has adjourned during that time, Congress cannot override the veto and the bill dies.
Impeachment is a "check" that any of the three branches of government may use to restrain an abuse of power in any of the other branches. Impeachment is something that has never happened to a U.S. president. Impeachment is removal from office as a result of a formal accusation by the Senate. Impeachment is a formal accusation of treason, bribery or other "high crime or misdemeanor" made by the House before a trial is held in the Senate.
Impeachment is a formal accusation of treason, bribery or other "high crime or misdemeanor" made by the House before a trial is held in the Senate. Impeachment is a formal accusation made by the House of Representatives, and precedes a trial in the Senate.
What type of power is the passage of the Clean Air Act of 1963 by Congress? Select the one correct answer. Concurrent power Reserved power Expressed power Implied power
Implied power Congress, which can regulate interstate commerce, may also regulate the harmful effects of interstate commerce.
You've been arrested in Mt. Rainier National Park because of a physical altercation with another park visitor. In which court will your case most likely be heard? Select the one correct answer. In a federal district court In a state trial court In a federal circuit court In a state appellate court
In a federal district court This is because the altercation took place on federal land.
Select the one correct answer. Judicial activism is commonly linked to: A loose interpretation of the Constitution. The doctrine of stare decisis. The privilege of judicial independence. A strict interpretation of the Constitution.
Judicial activism is often linked to a more expansive interpretation of the Constitution.
Stare Decisis
Let the decision stand; decisions are based on precedents from previous cases
Which of these statements is most accurate about the creation of majority-minority districts? Select the one correct answer. Majority-minority districts are required by the 1965 Voting Rights Act. Majority-minority districts are unconstitutional because race cannot be taken into account in redistricting. Majority-minority districts always benefit minority voters since it allows them to choose a minority representative. Majority-minority districts can lead to the election of minority candidates in some districts, but often this is at the expense of diluting minority-vote strength in other districts.
Majority-minority districts can lead to the election of minority candidates in some districts, but often this is at the expense of diluting minority-vote strength in other districts. Drawing districts to create a majority-minority district often can only be done by diluting minority voting strength in neighboring districts.
Marbury v Madison accomplished a number of things in its ruling. Which one of these was not among its accomplishments? Select the one correct answer. Marbury v Madison confirmed the independence of the judiciary as a third co-equal branch of government. Marbury v Madison forced the executive branch to carry out a judicial order. Marbury v Madison argued that only the Constitution could give the Supreme Court original jurisdiction, not Congress. Marbury v Madison established judicial review.
Marbury v Madison forced the executive branch to carry out a judicial order. The decision in the case required no action of the executive branch.
Select the one correct answer. The total number of Justices currently serving on the Supreme Court is: Six Nine Five Twelve
Nine justices currently serve on the Supreme Court.
Which of these is a concurrent power? Select the one correct answer. One example of a concurrent power is Congress's approving funding for the Louisiana purchase in 1803. One example of a concurrent power is a state's restricting the right of a convicted felon from voting for president. One example of a concurrent power is Congress's making the importation of elephant ivory illegal. One example of a concurrent power is a state's levying a tax on alcoholic beverages.
One example of a concurrent power is a state's levying a tax on alcoholic beverages. This is a concurrent power—both federal and state governments can (and do) tax alcohol.
Which of these is a reserved power? Select the one correct answer. One example of a reserved power is a state's imposing a tax on gasoline. One example of a reserved power is a city's prohibiting the sale of tobacco products within 100 yards of a school. One example of a reserved power is Congress's giving protection to endangered species. One example of a reserved power is Congress's being limited to suspending habeas corpus only in a time of insurrection.
One example of a reserved power is a city's prohibiting the sale of tobacco products within 100 yards of a school. This is a reserved power—states traditional regulate intrastate economic activity.
Which of these is an expressed power? Select the one correct answer. One example of an expressed power is creating a central bank for the United States. One example of an expressed power is establishing bilateral trade agreements with foreign countries. One example of an expressed power is determining the qualifications needed to teach elementary school. One example of an expressed power is taxing income of workers.
One example of an expressed power is establishing bilateral trade agreements with foreign countries. This is an expressed power—Congress is specifically permitted to regulate trade relations with foreign powers.
Which of these is an implied power? Select the one correct answer. One example of an implied power is Congress's defining what is a gallon of gasoline. One example of an implied power is a state's defining the act of manslaughter and what the punishment for it is. One example of an implied power is a state's requiring school attendance until 18 years of age. One example of an implied power is Congress's imposing a draft in a time of war.
One example of an implied power is Congress's imposing a draft in a time of war. This is an implied power—Congress can declare war and raise an army, but has no enumerated authority to compel service.
Which of these statements is correct about Congress's oversight authority? Select the one correct answer. Oversight is limited to its power of impeachment. Oversight is specifically mentioned in Article I, Section 8. Oversight is largely ineffective, because Congress lacks any authority over the executive branch. Oversight is not a specifically enumerated power, but rather is implied in Article I.
Oversight is not a specifically enumerated power, but rather is implied in Article I. There is no specific "power of oversight" written into the Constitution, but it is implied in many constitutional provisions, including Congress's power of the purse, advice and consent, and the power of impeachment.
How has reapportionment after the census affected the makeup of the House of Representatives? Select the one correct answer. Reapportionment permits state legislatures to redraw boundaries to favor the majority party leading to changes in the makeup of the House of Representatives. Reapportionment has favored states with more registered voters giving greater representation to wealthier portions of the population. Reapportionment has permitted national parties to exert more control over members of the House of Representatives. Reapportionment has had virtually no effect on the makeup of House of Representatives.
Reapportionment permits state legislatures to redraw boundaries to favor the majority party leading to changes in the makeup of the House of Representatives. Gerrymandering to the advantage of the majority party in state legislatures has been effective in influencing the makeup of the House of Representatives.
Which of these is an example of Congress's exercising its power under the Commerce Clause? Select the one correct answer. Prohibiting the presence of guns in school zones Regulating the working conditions and hours of minors employed in factories Requiring that bus lines serve all customers equally Establishing uniform standards for restaurant sanitation and hygiene
Requiring that bus lines serve all customers equally Bus lines serve interstate commerce, which can be regulated by Congress.
The state of Utah allows grocery and convenience stores to sell only "3.2 beer" (beer with no more than 3.2% alcohol content by weight). What type of power is this an example of? Select the one correct answer. Reserved power Expressed power Implied power Concurrent power
Reserved Power Regulating the sale of alcoholic beverages is a traditional state power.
What type of power did the Tenth Amendment provide to the states? Select the one correct answer. Reserved powers Expressed powers Implied powers Concurrent powers
Reserved Powers The Tenth Amendment states that any powers not expressly given to the national government are reserved for the states.
Justices of the Supreme Court
Since 1988, nine justices have been appointed to the Supreme Court. While justices are often categorized by political affiliation or beliefs, they are to remain impartial and unbiased when hearing and ruling on cases.
Whom can a president pardon? Select the one correct answer. Someone convicted of a crime in a state court Someone who is impeached Only someone convicted in a military trial Someone convicted of a crime in a federal court
Someone convicted of a crime in a federal court Presidents can pardon someone convicted of a federal crime.
What is stare decisis? Select the one correct answer. Stare decisis is a reliance on previous decisions and established precedents. Stare decisis is the practice of the lower courts bringing up new issues. Stare decisis is a legal system based on law. Stare decisis occurs when the Supreme Court introduces a new principle of law.
Stare decisis is a reliance on previous decisions and established precedents. Judges and justices do rely heavily on previous decisions.
Strict vs. Loose interpretation of the Constitution
Strict and loose interpretations, or strict and loose construction, refer to views as to how strictly the Constitution should be read. A strict constructionist approach would be based on the idea that the national government can only do those things which are specifically mentioned in the Constitution. A loose constructionist approach is based in the idea that the Constitution gives the government the power to undertake various activities, and the ways that those goals are achieved can include many different methods.
McCulloch v. Maryland
Supreme Court ruling (1819) confirming the supremacy of national over state government
Select Committees
Temporary congressional committees appointed for a specific purpose, such as impeachment investigations or the "Super Committee" on the Budget
Select the one correct answer. Under appellate jurisdiction, the Supreme Court hears cases: Referred by Congress. That were previously heard in lower courts. For the first time. That involve disputes between the states.
That were previously heard in lower courts. Cases under appellate jurisdiction are heard first in lower courts.
Which level of government makes the supreme law of the land? Select the one correct answer. The Supreme Court The federal government State governments Both the federal and state governments
The Federal Government The Constitution grants supremacy to the national government allowing the national government to overrule state laws when in conflict with one another.
Which Constitutional clause requires states to honor the public acts, records, and judicial decisions of other states? Select the one correct answer. The Full Faith and Credit Clause The Privileges and Immunities Clause The Supremacy Clause The States' Rights Clause
The Full Faith and Credit Clause This clause is the reason why public records and acts such as diplomas, driver's licenses, and marriages are recognized in all 50 states.
How far did the efforts go to remove Andrew Johnson from the office of the presidency? Select the one correct answer. The House of Representatives voted articles of impeachment, but the Senate did not vote to remove Johnson from office by the necessary two-thirds majority. The House of Representatives considered articles of impeachment but a majority did not vote in favor of any of these articles. The House of Representatives voted articles of impeachment which led to Johnson resigning as president. The House of Representatives voted in favor of articles of impeachment and Andrew Johnson was removed from office by a two-thirds vote in the Senate.
The House of Representatives voted articles of impeachment, but the Senate did not vote to remove Johnson from office by the necessary two-thirds majority. Johnson was impeached, but the Senate did not muster enough votes to remove him from office.
The Marriage Equality Act (July 24, 2011)
The Marriage Equality Act vote in Albany, New York, on July 24, 2011, was just one of a number of cases testing the constitutionality of both federal and state law that ultimately led the Supreme Court to take on the controversial issue of same-sex marriage. In the years leading up to the 2015 ruling that same-sex couples have a right to marry in all 50 states, marriage equality had become a key civil rights issue for the LGBT community, as demonstrated at Seattle's 2012 Pride parade
Which Constitutional clause prevents states from discriminating against out-of-state residents? Select the one correct answer. The Privileges and Immunities Clause The Full Faith and Credit Clause The Supremacy Clause The States' Rights Clause
The Privileges and Immunities Clause This clause requires states to treat all citizens the same. It prevents states from giving special privileges to its own residents.
Which of these statements describes a key difference between the House Rules Committee and the Senate Rules Committee? Select the one correct answer. The Rules Committee in the House typically limits debate, but the Rules Committee in the Senate does not. The Senate Rules Committee is more powerful because the Senate is governed by standing rules. The House Rules Committee has the power to vote a piece of legislation down, but the Senate Rules Committee does not. The Senate Rules Committee is a select committee, while the House Rules Committee is a standing committee.
The Rules Committee in the House typically limits debate, but the Rules Committee in the Senate does not. Unlike the House of Representatives, the Senate operates on the principle of unlimited debate taking away the ability of the Senate Rules Committee to automatically limit debate like the House Rules Committee does.
Which of these must be true in order for a recess appointment to be made? Select the one correct answer. The Senate must be in recess. The House of Representatives must be in recess. The Congress must be in recess. The president must be in recess.
The Senate must be in recess The Senate is responsible for confirming presidential appointments, so can't be in session for this type of appointment.
Final Federal Court of Appeals
The Supreme Court serves as the final court of appeals for all cases, although it is the original court that is charged with hearing cases involving treaties and a few other circumstances. The Supreme Court does not normally deal with questions of guilt or innocence in legal trials or the amount of compensation to be paid if someone loses a civil suit.
Select the one correct answer. A long-simmering dispute between New York and New Jersey over the ownership of Ellis Island was heard by: A tribunal of Supreme Court justices from randomly selected states not party to the dispute. A presidential commission appointed under the rules specific in the Eleventh Amendment. The Supreme Court according to the appellate rules set by Congress in the Judiciary Act of 1789. The Supreme Court under the Constitution's specification of original jurisdiction.
The Supreme Court under the Constitution's specification of original jurisdiction. Disputes between states are part of the Court's original jurisdiction.
How many terms in office can a president serve? Select the one correct answer. There is no formal limit but George Washington established the principle that no president should serve more than two full terms, which has been followed. A president can only serve two terms in office. A president can only serve one full term but can complete another term if he moves up from being vice president. A president can be re-elected for as many terms as the voters are willing to re-elect him.
The Twenty-Second Amendment limits any individual to two terms in office as president.
Line-Item Veto
The ability of the President to reject specific portions of a piece of legislation rather than reject an entire piece of legislation. Ruled unconstitutional by the US Supreme Court.
Appellate Jurisdiction
The authority of a court to review decisions made by lower courts
What is the Constitutional importance of the census for Congress? Select the one correct answer. The census provides population figures for the apportionment of seats in the House of Representatives. The census identifies areas likely to vote Democratic or Republican. The census provides useful information on which areas of the country need which kinds of programs. The census is used to calculate the number of registered voters for purposes of legislative representation.
The census provides population figures for the apportionment of seats in the House of Representatives. The Constitution requires a census of people so that seats can be apportioned in the House of Representatives.
Rules of Committee
The committee that determines the parameters for debate and amendments to a piece of legislation, the Rules Committee has more power in the House of Representatives than it does in the Senate
Speaker of the House
The elected leader of the majority party in the House of Representatives who serves as the chief presiding officer.
Minority Leader
The elected leader of the minority party
Barron v. Baltimore (1833)
The guarantee in the 5th Amendment that private property shall not be taken "for public use, without just compensation" is not applicable to state governments as well as the federal government.
Judicial Powers
The judiciary strives to interpret, determine, and protect the law, according to the U.S. Constitution.
Original Jurisdiction
The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
Why do presidents give a State of the Union message? Select the one correct answer. The president is not required to give the message but chooses to do so since it is a great opportunity to present his or her ideas to the public. The message is required by an Act of Congress. The message is required by the Constitution. George Washington gave such a message and the tradition followed.
The message is required by the Constitution. The Constitution requires that the president report to Congress on the state of the union from time to time and make recommendations to Congress.
United States v. Lopez (1995)
The national government's power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce (in this case, banning firearms in a school zone)
Select the one correct answer. Those in favor of judicial activism would probably support: The need to uphold constitutional values when the other two branches fail to. Judges as the only truly neutral political actors. Protections afforded by judicial independence. A need to offset the "tyranny of the majority."
The need to uphold constitutional values when the other two branches fail to. Activist judges are seen as the last safeguard to government violating constitutional rights.
President Pro Tempore
The person in the Senate who serves as the Chief Presiding Officer in the absence of the Vice President, ceremoniously given to the longest-serving senator of the majority party.
Minority Party
The political party in Congress that has the fewest seats in each chamber.
Majority Party
The political party in Congress that has the most seats in each chamber.
Under the Constitution, who has the power related to war and peace? Select the one correct answer. The power over war and peace is shared by the president and both houses of Congress The power over war and peace is shared by the president and the Senate. The power over war and peace is exercised solely by Congress The power over war and peace is exercised solely by the president
The power over war and peace is shared by the president and both houses of Congress Both houses of Congress are involved in the decision to "declare war," but the Constitution makes the president the commander-in-chief of the armed forces.
Who must approve an executive agreement? Select the one correct answer. The president and the foreign political leader who is involved are the only ones who must approve an executive agreement. A majority vote by both houses of Congress must approve an executive agreement. A majority vote of the Cabinet must approve an executive agreement. A two-thirds vote of the Senate must approve an executive agreement.
The president and the foreign political leader who is involved are the only ones who must approve an executive agreement.
Redistricting
The re-drawing of electoral districts to accommodate for changes in a state's population based on the last census. The goal is to create districts that are equal in population
Reapportionment
The reallocation of seats in the House of Representatives based on changes in a state's population since the last census.
What was the ruling in the Supreme Court case Miller v. Johnson? Select the one correct answer. The ruling was that race may not be taken into account in redistricting. The ruling was that the 1965 Voting Rights Act is unconstitutional. The ruling was that race may not be the "dominant and controlling" motivation in redistricting. The ruling was that deliberate creation of majority-minority districts is unconstitutional.
The ruling was that race may not be the "dominant and controlling" motivation in redistricting. The Court said that race could be taken into consideration, but that districts could not be drawn with only race in mind.
Majority Leader
The second in command in the House of Representatives; works closely with the Speaker of the House.
You've been convicted of a crime by a state trial court. You allege, however, that the evidence used against you came from an illegal search and seizure. To which court do you appeal the state trial court decision? Select the one correct answer. A federal district court The state's appellate court The state's supreme court A federal circuit court
The state's appellate court
What was the impact of the decision of the Supreme Court in McCulloch v. Maryland? Select the one correct answer. This decision decided that Congress could not create a national bank. This decision relied on a broad interpretation of the necessary and proper clause in Article I. This decision enhanced the powers of the states. This decision rested on a strict construction of the Constitution.
This decision relied on a broad interpretation of the necessary and proper clause in Article I. This was the key clause that was interpreted to permit the creation of a national bank.
What is a key role of standing committees in the House and the Senate? Select the one correct answer. To appropriate money for various projects To confirm the nominations of the president To guarantee input from the minority party To give a detailed hearing to all proposed legislation
To give a detailed hearing to all proposed legislation The committees provide a necessary division of labor for both houses of Congress.
How has the Constitution's Interstate Commerce Clause been interpreted? Select the one correct answer. Very narrowly, giving Congress power to stop states from charging fees to other states, but not much else As giving Congress the authority to regulate trade with foreign nations As granting the early 19th century Congress the power to outlaw the slave trade Very broadly, forming the justification for much of Congress's modern-day economic regulation
Very broadly, forming the justification for much of Congress's modern-day economic regulation Congress has relied on the Interstate Commerce Clause as support for its authority to pass such economic legislation as minimum wage laws.
Administrative Agencies
governmental bodies formed to carry out particular laws
State courts
have a broad jurisdiction and involve cases in which individuals may be involved. Federal courts are limited to constitutional cases and as specifically provided by Congress.
Concurrent Powers
powers shared by the national and state governments
Expressed Powers (Enumerated Powers)
powers that congress has that are specifically listed in the constitution
Activist Judges
those seen as using court rulings to make or change laws
Marbury vs. Madison
was the key case for the full development of judicial review by the Supreme Court. The 1789 Judiciary Act passed by Congress established a full system of federal courts. The act made it possible for Congress to provide for justice of the peace positions in the District of Columbia.
Cooper v. Harris (2017)
when the Supreme Court rejected electoral districts created in North Carolina because it believed that the state legislature had relied too heavily on race when creating their electoral districts. As a result, North Carolina will eventually have to re-draw its electoral districts to comply with the ruling of the Court.