Government Quiz #1
Describe the 6 steps in the decision making process of SCOTUS.
1. Petition for right of certiorari- formal document asking for court to take on the case 2. certiorari pool and conference- the request goe through law clerks and they toss out cases. the rule of 4, 4 justices say yes to the case 3. briefs submitted- attorney submits why client should be found innocent/guilty 4.oral arguments- attorneys get to be in front of the justices 5. conference- vote on which side wins 6. opinions- decision of the court and why
Federalism
A system of government that creates a central government and local state governments. The powers of the national and state governments are divided and balanced.
What is the difference between civil and criminal cases?
Civil cases are generally brought by private individuals or corporations seeking to collect money owed or monetary damages. A criminal case is brought by the local, state or federal government in response to a suspected violation of law and seeks a fine, a jail sentence or both.
powers that states have
Establish local governments Issue licenses (driver, hunting, marriage, etc.) Regulate intrastate (within the state) commerce Conduct elections Ratify amendments to the U.S. Constitution Provide for public health and safety Exercise powers neither delegated to the national government or prohibited from the states by the U.S.Constitution (For example, setting legal drinking and smoking ages.)
Identify the 3 branches of government and explain the primary job of each.
Executive Branch: Headed by the president. The president carries out federal laws and recommends new ones, directs national defense and foreign policy, and performs ceremonial duties. Powers include directing government, commanding the Armed Forces, dealing with international powers, acting as chief law enforcement officer, and vetoing laws. Legislative Branch: Headed by Congress, which includes the House of Representatives and the Senate. The main task of these two bodies is to make the laws. Its powers include passing laws, originating spending bills (House), impeaching officials (Senate), and approving treaties (Senate). Judicial Branch: Headed by the Supreme Court. Its powers include interpreting the Constitution, reviewing laws, and deciding cases involving states' rights.
Conditions of Aid
Federal rules attached to the grants that states receive. States must agree to abide by these rules in order to receive the grants.
appellate courts?
If either party disagrees with the decision in the trial court, they can appeal, asking a higher court to review the decision. The outcome of appeals cases have the potential to affect large numbers of people, because these decisions are binding on district courts within the circuit. Federal appellate courts are called courts of appeals. Cases can be further appealed to the U.S. Supreme Court. No new evidence is presented, the judge(s) simply review the materials from the original trial and determine whether the lower court made the correct legal decision.
When the Constitutional Convention convened in 1787, what was their purpose? What was the purpose of the Federalist Papers? Who were the anti-federalists and what were their main objections? How did the Federalists win over the anti-federalists?
The Constitutional Convention was created to address the problems of the weak central government that existed under the Articles of Confederation
3/5 Compromise
The delegates reached an agreement that slaves would count as three-fifths of a person for the purposes of determining representation.
What are the required qualifications for members of the US House and US Senate? What is the length of their terms?
The minimum age requirement to serve as a U.S. senator is 30 years of age An applicant into the U.S. senate must be a U.S. citizen for nine years prior to applying for the senate. A U.S. senator is required to be an inhabitant of the state in which he or she is elected.
Rule of 4
a Supreme Court of the United States practice that permits four of the nine justices to grant a writ of certiorari. This is done specifically to prevent a majority of the Court from controlling the Court's docket
Conference committee
a committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form
Joint committee
a committee composed of members of both the house of representatives and the senate; such committees oversee the library of congress and conduct investigations
Confederal System
a constitutional arrangement in which sovereign nations or states, by compact, create a central government but carefully limit its power and do not give it direct authority over individuals.
Unitary System
a constitutional arrangement that concentrates power in a central government
War Powers Act (1973)
a federal law intended to check the president's power to commit the United States to an armed conflict without the consent of the U.S. Congress.
Bureaucracy
a form of organization that operates through impersonal, uniform regulations and procedures
Impeachment
a formal accusation by the lower house of a legislature against a public official the first step in removal from office
Executive agreement
a formal agreement between the U.S. president and the leaders of other nations that does not require senate approval
Veto
a formal decision to reject a bill passed by congress
Pocket veto
a formal decision to reject a bill passed by congress after is adjourns- if congress adjourns during the ten days that the president is allowed to sign or veto a law, the president can reject the law by taking no action at all
Writ of certiorari
a formal writ used to bring a case before the supreme court
Treaty
a formal, public agreement between the US and one or more nations that must be approved by two-thirds of the senate
Standing committee
a permanent committee established in a legislature usually focusing on a policy area
Mandates
a presidents claim of broad public support
Filibuster
a procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceeding and prevents a vote on a controversial issue
Cloture
a procedure for terminating debate, especially filibusters, in the senate. a motion to end debate must be approved by 60 senators, imposes a strict limit on further debate and prohibits any senator from speaking for more than an hour
Rally around the flag effect
a rise in public approval of the president that follows a crisis
Elastic Clause
a statement in the U.S. Constitution (Article I, Section 8) granting Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers
Spoils system
a system of public employment based on rewarding party loyalists and friends
Reserved Powers
all powers not specifically delegated to the national government by the constitution the reserve power can be found in the 10th amendment to the constitution
Census
an official count or survey of a population, typically recording various details of individuals.
What is the difference between the trial courts and
cases are heard for the first time in a trial court. Cases only affect the people involved with the case. The two sides present evidence and witnesses, and either a judge or a jury makes a decision based on the evidence presented.
Supremacy Clause
contained in article iv of the constitution the clause gives national laws the absolute power even when staes have enacted a competing law
Formula Grants
distributed to the states based on procedures set out in the granting legislation
Civil service
federal employees who work for government though a competitive, not political selection process
Amicus curiae
filed by a an individual or organization urging the supreme court to hear a case, or at the merits stage, to present arguments in addition to those presented by the immediate parties to a case
Executive order
formal orders to government or an agency or agencies as a whole that carry the force of law to undertake a particular course of action
Categorical Grants
grants for specific purposes
What is the role of the Speaker of the House?
including representing constituents as a Member of Congress, acting as administrative head of the House, and serving as leader of the majority political party in the House.
How does a bill become a law?
introducing a bill referral decision committee and subcommittee mark up discharge floor debate and passage presidential approval
Unfunded Mandates
is a statute or regulation that requires a state or local government, or private individuals or organizations, to perform certain actions, yet provides no money for fulfilling the requirements.
Block Grants
made for more generalized governmental functions such as public assistance, health services, child care, or community development
Describe how the system of separation of powers and the system of checks and balances distribute power in the US government
no one branch of our government could become too powerful.Each branch is restrained by the other two in several ways. For example, the president may veto a law passed by Congress. Congress can override that veto with a vote of two-thirds of both houses. Another example is that the Supreme Court may check Congress by declaring a law unconstitutional. The power is balanced by the fact that members of the Supreme Court are appointed by the president. Those appointments have to be approved by Congress. used to keep the government from getting too powerful in one branch. For example, the Executive Branch can veto bills from the Legislative Branch, but the Legislative Branch can override the veto.
Concurrent Powers
powers in nations with a federal system of government that are shared by both the federal government and each constituent political unit (such as a state or province).
Implied Powers
powers not explicitly named in the Constitution but assumed to exist due to their being necessary to implement the expressed powers that are named in Article I.
What is the difference between the Traditional Presidency and the Modern Presidency?
presidents mostly conformed to founders limited administrative vision of office until 1930s presidents expanded office through inherent powers assumed responsibility for economic well being of citizens , power and leadership grew, americans had heightened expectations of what the government should provide
Describe powers given to the national government
print money (bills and coins) Declare war Establish an army and navy Enter into treaties with foreign governments Regulate commerce between states and international trade Establish post offices and issue postage Make laws necessary to enforce the Constitution
Merit brief
refers to briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases
Privileges and Immunities Clause
revents a state from treating citizens of other states in a discriminatory manner.
powers that are shared by both levels of government.
setting up courts Creating and collecting taxes Building highways Borrowing money Making and enforcing laws Chartering banks and corporations Spending money for the betterment of the general welfare Taking (condemning) private property with just compensation
Earmarks
special spending projects that are set aside of behalf of individual members of congress for their constituents
Connecticut Compromise
the agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.
Reapportionment
the assigning by congress of congressional seats after each census. state legislatures reapportion state legislative districts
Necessary and Proper Clause
the clause in teh constitution setting forth the implied powers congress. it states that congress in addition to its express powers has the right to maek all laws necessary and proper to carry out all powers the constitution vests in the national government
Incumbent
the current office holder of elected office
Patronage
the dispensing of government jobs to persons who belong to the winning political party
Gerrymandering
the drawing of legislative district boundaries to benefit a party, group, or incumbent
Polarization
the extent to which liberals and conservatives occupy the more extreme positions on the liberal-conservative ideological spectrum
Why did the US Constitution not include a specific list of individual rights when it was originally drafted?
the federalists believed a bill of rights was unnecessary because the proposed national government had only the specific powers tht the states and the people delgated to it and to guarantee some rights might be dangerous because rights not listed could be assumed to be denied.
What were the Articles of Confederation? Strengths & weaknesses. Why did the US abandon the Articles of Confederation?
the first written constitution of the United States 1.To declare war and make peace. 2 To coin and borrow money 3 To detail with foreign countries and sign treaties 4 To operate post offices 1.Economic disorganization 2.Lack of central leadership 3.Legislative inefficiencies It lacked power.
Virginia Plan
the initial proposal at the Constitutional Convention for a strong central government with a bicameral legislature dominated by the big states
Judicial review
the power of a court to review laws or governmental regulations to determine whether they are consistent with the US constitution or in a state court the state constitution
Enumerated Powers
the powers explicitly given to Congress in the Constitution
Bicameral
the principle of a two-house legislature
New Jersey Plan
the proposal at made by William Paterson for a central government with a single-house legislature in which each state would be represented equally
Redistricting
the redrawing of congressional and other legislative district lines following the census to accommodate population shifts and keep districts as equal as possible in population
Constituents
the residents of a congressional district or state
Stare decisis
the rule of precedent, whereby a rule of law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented
Entitlement program
unemployment insurances, disaster relief, or disability payments that provide benefits to all eligible citizens
