Test 1 Government

What powers does the Legislative Branch have? (congress) (house and senate)

Makes laws• Appropriates funding (power of the purse)• Approves treaties and executive appointments (Supreme Court Justices, etc.)

Origins of Western Political Thought

Many histories of Western political thought trace its origins to ancient Greece (specifically to Athenian democracy and Ancient Greek philosophy). The political philosophy of thinkers such as Socrates, Plato, and Aristotle are traditionally elevated as exceptionally important and influential in such works.

Jean-Jacques Rousseau

Modernity is a bad thing - it has given us more "stuff" but not made us happier Social Contract is how restore happiness and equality

New Jersey Plan

Plan: same as VA except one state: one vote designed to protect the security and power of the small states by limiting each state to one vote in Congress, as under the Articles of Confederation

What is senatorial courtesy?

a custom whereby presidential appointments are confirmed only if there is no objection to them by the senators from the appointee's state, especially from the senior senator of the president's party from that state.

Limited Government

a theory of governance in which the government only has those powers delegated to it by law, often through a written constitution

delegated powers

are given to the Federal government alone (e.g., regulation of immigration and declaring war)

Concurrent powers

are shared by the state and Federal governments (e.g., state and federal income tax, state and federal law enforcement)

Thomas Hobbes

as a pessimist whose views were shaped by the chaos of the English Civil Wars• He believed that men were self-interested and would rationally choose a form of government to protect their interests• Hobbes was generally unconcerned with religious issues

What is unique about the 18th Amendment?

banned sale of alcohol the only amendment to have secured ratification and later been repealed

Plato

believed that human societies were like the human body - they needed to be "rational" (governed by the "head" rather than the "heart") Plato hated democracy because "it killed Socrates"

McCulloch v. Maryland

established the power of the Federal government over the states when interests and laws conflict - confirmed "elastic clause"

Marbury v. Madison

established the principle of judicial review - the Supreme Court has the power to declare laws or acts unconstitutional and overturn them if deemed necessary

Judicial review

the ability of the Court to declare a Legislative or Executive act in violation of the Constitution

Federalism

the division and sharing of power between the national and state governments

expressed powers

the power to make treaties, grant pardons and nominate judges

What are grants-in-aid?

A grant is one of the ways the government funds ideas and projects to provide public services and stimulate the economy. Grants support critical recovery initiatives, innovative research, and many other programs

St. Augustine of Hippo

A renowned theologian and prolific writer, he was also a skilled preacher and rhetorician. He is one of the Latin Fathers of the Church and, in Roman Catholicism, is formally recognized as a doctor of the church.

What is the electoral college and how does it operate?

A total of 538 electors form the Electoral College. Each elector casts one vote following the general election. The candidate who gets 270 votes or more wins. The newly elected President and Vice President are then inaugurated on January 20th.

What does separation of powers refer to in a government? Where do we see separation of powers in the US government? Provide three examples.

2014) (defining separation of powers as the division of governmental authority into three branches of government—legislative, executive, and judicial—each with specified duties on which neither of the other branches can encroach ). Separation of Powers in the United States is associated with the Checks and Balances system. The Checks and Balances system provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful. Additional examples of the separation and sharing of powers among the executive and legislative branches, involving checks and balances, are found in Articles 1 and 2 of the Constitution.

Connecticut Plan (aka Great Compromise)

3 branches; bicameral legislature; HR on pop.; Senate (1:1) provided for a bicameral legislature, with representation in the House of Representatives according to population and in the Senate by equal numbers for each state.

Virginia Plan

3 branches; bicameral legislature; all representation based on population outlined a strong national government with three branches: legislative, executive, and judicial.

What is the difference between actual representation and virtual representation?

Actual representation refers to the representation in a government by a people that choose that leader, which is common in a democratic republic. This is contrasted with a government based on virtual representation where the people have no vote, but the rulers are to look out for their interests.

What powers does the Judicial Branch have?

Article III created the US Supreme Court and specifies which types of cases courts can hear• Congress creates lower courts• Interprets the laws of the United States; reviews lower court decisions; judges constitutionality of laws; rules on court cases between states

What rights are guaranteed by the first ten amendments?

Bill of Rights Amendment 1 Freedoms, Petitions, Assembly Amendment 2 Right to bear arms Amendment 3 Quartering of soldiers Amendment 4 Search and arrest Amendment 5 Rights in criminal cases Amendment 6 Right to a fair trial Amendment 7 Rights in civil cases Amendment 8 Bail, fines, punishment Amendment 9 Rights retained by the People Amendment 10 States' rights

What were the basic strengths and weaknesses of the Articles of Confederation?

Congress had the sole power to declare war. STRENGTH: ​Congress (not the states themselves) were in charge of determining when war was necessary. the states. WEAKNESS: ​Since the government could not tax, the country was constantly short on money.

Change by Other Means

Constitution can change informally in which 5 ways? Passage of basic legislation by congress Actions taken by the president Key decisions of the supreme court Activities of political parties Custom

What powers does the Executive Branch have? (offices of presidency and vice presidency)

Enforces the laws passed by Legislative Branch• Commander in Chief of the armed forces• Chief diplomat of the United States• Nominates and appoints federal judges and other officials (with Legislative approval)

exclusive powers

Exclusive federal powers are powers within a federal system of government that each constituent political unit (such as a state or province) is absolutely or conditionally prohibited from exercising.

What are the main characteristics of federalism?

Federalism is a system of government in which the same territory is controlled by two levels of government. Generally, an overarching national government is responsible for broader governance of larger territorial areas, while the smaller subdivisions, states, and cities govern the issues of local concern.

Federalism: Powers Divided

Federalism is the division of powers between state and Federal government At the national level, the Framers divided power between the three branches of government—the legislative branch, the executive branch and the judicial branch. This process of dividing power between different branches of government is called the separation of powers.

What are the different criteria of Constitutional interpretation?

Five Criteria of Constitutional Interpretation• Text of the Constitution itself• Original intent of the Founders• Precedent of past Supreme Court decisions• Practical considerations for society as a whole• Moral and ethical values

Baron de Montesquieu

French thinker who wrote The Spirit of Laws - significant impact on the structure of American government• Advocated mixed government and the separation of powers• Too much equality can be

implied powers

Implied powers are political powers granted to the United States government that aren't explicitly stated in the Constitution. They're implied to be granted because similar powers have set a precedent. These implied powers are necessary for the function of any given governing body.

Basics of the US Constitution

Independent Judiciary and Individual Rights• The court system protects citizens from the abuses of government power - the Supreme Court checks and balances the Legislative and Executive branches• The Rights of the individual citizen are laid out in the Constitution (esp. in the Bill of Rights) Popular Sovereignty and the Rule of Law• Power resides in the will of the people through voting and public consent• Each state is represented in Congress through the House and the Senate• Each state has its own government as well• The people agree to obey the law in exchange for public tranquility (the Social Contract, again)• When state laws clash with the Constitution, the Constitution is supreme

What is social contract theory?

Social contract theory says that people live together in society in accordance with an agreement that establishes moral and political rules of behavior. Some people believe that if we live according to a social contract, we can live morally by our own choice and not because a divine being requires it.

Both Thomas Hobbes and John Locke wrote a great deal about social contract theory but came to different conclusions about what it meant; define social contract theory and briefly discuss the differences between Hobbes's and Locke's views about it. Provide three examples of their differences.

Social contract theory says that people live together in society in accordance with an agreement that establishes moral and political rules of behavior. Some people believe that if we live according to a social contract, we can live morally by our own choice and not because a divine being requires it. Hobbes was a proponent of Absolutism, a system which placed control of the state in the hands of a single individual, a monarch free from all forms of limitations or accountability. Locke, on the other hand, favored a more open approach to state-building. Locke also disagreed with Hobbes about the social contract. For him, it was not just an agreement among the people, but between them and the sovereign (preferably a king). According to Locke, the natural rights of individuals limited the power of the king. How were Hobbes's and Locke's views different? Hobbes's believed in the social government and that the people should give up their rights to the government. Locke's believed in 3 natural rights which was life, liberty and property.

How does strict construction differ from loose construction?

Strict-"the Constitution is not a living organism...like all legal documents, is says some things and doesn't say others" - Antonin Scalia Loose-"the ultimate question must be, what do the words of the text mean in our time? For the genius of the Constitution rests not in any static meaning...but in the adaptability of its great principles" - William J. Brennan

What were the most significant differences between the Articles of Confederation and the United States Constitution? Provide three examples.

The main difference between the Articles of Confederation and the Constitution is that, under the Articles of Confederation, sovereignty was vested in the states, whereas under the Constitution, the power of the federal government was significantly expanded and it declared the governing laws of the country. The Articles of Confederation allowed for the federal government to request revenues from states but did not permit it to tax citizens directly, whereas under the United States Constitution the federal government could tax citizens directly. The Articles created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments. The need for a stronger Federal government soon became apparent and eventually led to the Constitutional Convention in 1787.

How is the Constitution amended?

The process is intentionally difficult because it's supposedly reserved for only the most important issues• Congress (2/3 of both houses) or State legislatures (2/3 of special convention) can propose an amendment• Ratification requires ¾ of state legislatures to go into effect

The National Government and the Fifty States

The relationship and authority of states and the federal government are governed by the U.S. Constitution. The federal government is delegated certain enumerated powers while all other powers not otherwise prohibited by the Constitution are reserved to the states.

Popular sovereignty

government based on consent of the people

Separation of powers

means that power is divided between the three branches of government so that no branch can dominate the others

John Locke

political views were shaped by the Glorious Revolution and the idea of Parliamentary supremacy• Locke also believed in the "state of nature" and "Social Contract Theory"

inherent powers

powers of a state or branch of government that are not expressly written in a Constitution

Checks and balances

the separation of power in the government, which is ensured through the establishment of three different branches: the executive branch, the judicial branch, and the legislative branch. examples: Executive branch can veto legislation or call special session of Congress to propose legislation• Executive branch can nominate justices to Supreme Court and federal courts• Legislative branch can override Executive Veto• Legislative branch can approve or reject Executive nominees and proposed treaties• Legislative branch can impeach the Executive• Supreme Court can declare Legislative laws and Executive actions unconstitutional

How do checks and balances work? Who checks whom in the United States government?

they make the branches equal so that one doesn't become too powerful. The legislative branch makes laws. But they can't just make any old law because the other two branches have checks and balances. The president who is in the executive branch can veto those laws if he thinks they are not good laws. The judicial branch can call a law unconstitutional.

reserved powers

those given to the states alone (e.g., issuing driver's licenses; marital laws; public school curriculum)

What was the 3/5 Compromise?

three out of every five slaves was counted when determining a state's total population for legislative representation and taxation.

Nicolo Machiavelli

was a radical political thinker because he broke away from the model of a "virtuous" leader• He was concerned with the reality of politics (political realism) rather than the ideals of politics• Machiavelli was a moral relativist

Aristotle

was the first theorist of "mixed government" • Government should combine parts of monarchy, aristocracy, and some democracy• Monarchy - authority/but can become tyranny• Aristocracy - wisdom and stability/but can become oligarchy• Democracy - participation by worthy citizens/but can become mob rule The "common good" good is the top priority