natrual rights
Life, Liberty, and Property
John Locke
17th century English philosopher who opposed the Divine Right of Kings and who asserted that people have a natural right to life, liberty, and property.
State of Nature
Hypothetical condition assumed to exist in the absence of government where human beings live in “complete” freedom and general equality.
Due Process
involves the government’s obligation to treat all citizens fairly. Such a requirement lessens the extent to which government power can be exercised over the individual, making the power differential between the two more fair, and ensuring a general sense of political equality
Social Contract
A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.
Thomas Hobbes (1588-1679)
One of the first individuals to contribute to the idea of the social contract was a pre-Enlightenment English philosopher
Leviathan (1651): Thomas Hobbes
Hobbes argues that society is not something natural and immutable, but rather it is something created by us.
Labor Movement
the formation of labor unions, during the 1880’s, for the workers to receive better treatment by
Constitution
A document which spells out the principles by which a government runs and the fundamental laws that govern a society
Bill of Rights
The first ten amendments to the Constitution
Declaration of Independence
the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain
Thomas Jefferson
Wrote the Declaration of Independence
Shays’s Rebellion (1786-1787)
which almost resulted in potential mob rule, suggested there might be too much democracy at play, and that maybe individual liberty was going too far
Articles of Confederation
A weak constitution that governed America during the Revolutionary War.
Federalist no. 51
Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.
First Amendment
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Second Amendment
Right to keep and bear arms
Third Amendment
The government may not house soldiers in private homes without consent of the owner
Forth Amendment
It protects people against unfair searches of their homes; search and seizure.
Fifth Amendment
A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
Sixth Amendment
Right to a speedy and public trial
Seventh Amendment
Right to a trial by jury in civil cases
Eighth Amendment
No cruel and unusual punishment
Nineth Amendment
peoples rights are not just limited to those listed in the Constitution and Bill of Rights
Tenth Amendment
Amendment stating that the powers not delegated to the federal gov. are reserved to the states
bicameral legislature
A law making body made of two houses (bi means 2). Example: Congress (our legislature) is made of two house – The House of Representatives and The Senate.
House of Representatives
the lower house of Congress, consisting of a different number of representatives from each state, depending on population
New Jersey Plan
Proposal to create a weak national government
Virginia Plan
Proposal to create a strong national government
Constitutional Convention
Meeting in 1787 of the elected representatives of the thirteen original states to write the Constitution of the United States.
unicameral legislature
One-house legislature
Three-Fifths Compromise
Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes (negated by the 13th amendment)
Checks and Balances
A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power
Separation of Powers
Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law
federal system
A government that divides the powers of government between the national government and state or provincial governments
enumerated powers
The powers explicitly given to Congress in the Constitution.
reserved powers
Powers given to the state government alone
Federalists
Supporters of the Constitution that were led by Alexander Hamilton and John Adams. They firmly believed the national government should be strong. They didn’t want the Bill of Rights because they felt citizens’ rights were already well protected by the Constitution.
Anti-Federalists
Opponents of the American Constitution at the time when the states were contemplating its adoption.
Ratification
Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty
Republic
A form of government in which citizens choose their leaders by voting
Habeas Corpus
Constitutional protection against unlawful imprisonment
Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution in detail.
Federalist No. 10
An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.
Legislative Branch (Congress)
makes laws, imposes taxes, and declares war
Judicial Branch (Supreme Court)
interprets the constitution and other laws, reviews lower-court decisions
Executive Branch (President)
has the power to enforce the law
Executive Orders
Formal orders issued by the president to direct action by the federal bureaucracy.
checks on the executive branch
By Congress
Can override a presidential veto by a two-thirds vote in both chambers
Must approve treaties by a two-thirds vote in the Senate
Control of funding activities of the executive branch
Presidential nominees must be approved by the Senate
Only Congress can declare war
House can impeach the president or vice president and the Senate can remove them by a two-thirds vote
By Judiciary
Can overturn actions of the president with judicial review if the actions violate the Constitution
Serve during good behavior to maintain independence of judiciary
Checks on Congress
By President
Can veto legislation
Can use executive agreements
Can use executive orders
Negotiates treaties (not Congress)
By Judiciary
Can overturn acts of Congress as unconstitutional if they violate the law
Can influence laws by interpretation
Serve during good behavior to maintain independence of judiciary
Checks on Judiciary
By President
Nominates judges
Power of pardon
By Congress
Senate must approve judges and justices
Controls jurisdiction of the courts
Determines size of Supreme Court
House can impeach judges and Senate can remove them by two-thirds vote
federalist system
political powers are divided between national and state levels in an effort to avoid concentrating control in the hands of one person
Equal Rights Amendment (ERA)
Proposed the 27th Amendment, calling for equal rights for both sexes. Defeated in the House in 1972.
Fifteenth Amendment
The constitutional amendment adopted in 1870 to extend suffrage to African Americans.
Nineteenth Amendment
The constitutional amendment adopted in 1920 that guarantees women the right to vote.
Twenty-sixth Amendment
Changed the legal voting age from 21 to 18.
Defense of Marriage Act (DOMA)
(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage
Obergefell v. Hodges (2015)
Struck down state bans on same sex marriage. The 14th Amendment requires States to license a marriage between two people of the same sex.
States must recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. (Roberts Court)
14th Amendment
Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws
Advantages of Federalism
checks growth of tyranny, allows unity without uniformity, encourages experimentation, provides training and creates opportunities for future national leaders, keeps government closer to the people
Disadvantages of Federalism
lack of consistency, inefficiency, bureaucracy
Affordable Care Act of 2010
requires an organization with 50 or more employees to make health insurance available to employees or pay an assessment and gives employees the right to buy health insurance from another provider if an organization’s health insurance is too expensive
Inherent Powers of the President
Powers that belong to the president because they can be inferred from the Constitution
Veto
Chief executive’s power to reject a bill passed by a legislature
Power of the Purse
Constitutional power given to Congress to raise and spend money
oversight
the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies
implied powers
Powers not specifically mentioned in the constitution
Marbury v. Madison (1803)
Established judicial review
United States v. Lopez (1995)
Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime
Sixteenth Amendment (1913)
Gave Congress the power to collect taxes on people’s income
discretionary spending
spending about which Congress is free to make choices
budget resolution
A resolution binding Congress to a total expenditure level, supposedly the bottom line of all federal spending for all programs.
pork barrel spending
The appropriation of government spending for projects that are intended primarily to benefit particular constituents, such as those in marginal seats or campaign contributors.
Line Item Veto Act of 1996
an executive’s ability to block a particular provision in a bill passed by the legislature
Interstate Commerce Clause
The constitutional provision permitting Congress to regulate trade among the states
Legal Tender Act of 1862
A currency backed only by the federal government’s word. It allowed the government to print greenbacks and inflate the pool of available currency without having to have an equivalent amount of gold and silver. The greenback was popular among American farmers and debtors as it was cheaper to pay back loans with a cheaper currency.
Federalist No. 69
Theme: Presidential Power
Focus:Powers of the executive and their meaning, compares presidency to governorship v. king
The “real character of the proposed executive” is revealed in terms of the organization and powers tests. The tests are 1) “single magistrate,” 2) “four years; and is to be re-eligible,” 3) impeachment and removal from office, 4) “qualified negative of the Presidency,” 5) “occasional… commander-in-chief” power which “would amount to nothing more than the supreme command and direction” of the armed forces, 6) power to pardon, 7) power to “adjourn the legislature,” 8) with the “advice and consent of the Senate, to make treaties,” 9) power to “receive ambassadors and public ministers,” 10) “the power to nominate and appoint.”
advice and consent
Terms in the Constitution describing the U.S. Senate’s power to review and approve treaties and presidential appointments.
Impeachment
A formal document charging a public official with misconduct in office
Supermajority
a majority greater than a simple majority of one over half, e.g., 3/5, 2/3.
Filibuster
A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.
majority party
the party that holds the majority of legislative seats in either the House or the Senate
minority party
In both the House of Representatives and the Senate, the political party to which fewer than half the members belong
Speaker of the House
An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant.
majority leader
the legislative leader elected by party members holding the majority of seats in the House or Senate
minority leader
The principal leader of the minority party in the House of Representatives or in the Senate.
Majority Whip
a go-between with the majority leadership and party members in the house of representatives
Minority Whip
a go-between with the minority leadership whose job mirrors that of the majority whip but without the power that comes from holding a majority in the House of Representatives
President Pro Tempore
Officer of the Senate selected by the majority party to act as chair in the absence of the vice president
standing committee
A permanent committee established in a legislature, usually focusing on a policy area
select committees aka special committees
Congressional committees appointed for a specific purpose, such as the Watergate investigation.
Conference committees are
temporary, involve members from both houses of Congress, and are charged with reaching a compromise on legislation once it has been passed by both the House and the Senate.
Rules Committee
A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the house.
1957 Civil Rights Bill
Bill passed by LBJ that helped begin first steps towards Civil Rights movement.
Gerrymandering
Process of redrawing legislative boundaries for the purpose of benefiting the party in power.
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.
Reapportionment
the process of reassigning representation based on population, after every census
Baker v. Carr (1962)
“One man, one vote.” Ordered state legislative districts to be as near equal as possible in population; Warren Court’s judicial activism.
Miller v. Johnson (1995)
States cannot draw congressional districts in which race is the primary consideration.
Shaw v. Reno (1993)
NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.
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
Twelfth Amendment (1804)
Required a separate vote tally in the Electoral College for president and vice president. This change made running on a party ticket much easier.
Twenty-second Amendment (1951)
Limited the number of years an individual may serve as president. According to the Twenty-second Amendment, a president may be elected no more than twice.
Budget Act of 1921
Enhanced the President’s legislative role by requiring the President to submit an annual federal government budget to Congress for it’s consideration, accompanied by a budget message setting out the president’s rationale and justifications.
executive memorandum
a less powerful formal order to an agency or agencies, that does not carry the force of law, to undertake a particular course of action
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.
appellate jurisdiction
The authority of a court to review decisions made by lower courts
Federalist No. 78, Brutus essays
written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions
Chisolm v. Georgia (1793)
citizens of one state have the right to sue another state in federal court
Judiciary Act of 1789
In 1789 Congress passed this Act which created the federal-court system. The act managed to quiet popular apprehensions by establishing in each state a federal district court that operated according to local procedures.
Gibbons v. Ogden (1824)
The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court’s broad interpretation of the Constitution’s commerce clause paved the way for later rulings upholding expansive federal powers.
Burwell v. Hobby Lobby (2014)
for religious reasons, some for-profit corporations could be exempt from the requirement that employers provide insurance coverage of contraceptives for their female employees
King v. Burwell (2015)
Individuals using both the state-run and federally-run health insurance exchanges may receive health insurance subsidies from the federal government.
Brown v. Board of Education (1954)
unanimously held that the racial segregation of children in public schools violated the Equal Protection Clause of the 14th Amendment. Brown claimed that Topeka’s racial segregation violated the Constitution’s Equal Protection Clause because the city’s black and white schools were not equal to each other and never could be. Overruled Plessy v. Ferguson’s “separate but equal” doctrine and would eventually led to the desegregation of schools across the South
McCulloch v. Maryland (1819)
the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution’s supremacy clause. The Court’s broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
Roe v. Wade (1973)
Abortion rights fall within the privacy implied in the 14th amendment
Miranda v. Arizona (1966)
The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.
State Courts
Hear most day-to-day cases, covering 90 percent of all cases,Hear both civil and criminal matters,Help the states retain their own sovereignty in judicial matters over their state laws, distinct from the national government
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.
Federal Courts
Hear cases that involve a “federal question,” involving the Constitution, federal laws or treaties, or a “federal party” in which the U.S. government is a party to the case,Hear both civil and criminal matters, although many criminal cases involving federal law are tried in state courts Hear cases that involve “interstate” matters, “diversity of citizenship” involving parties of two different states, or between a U.S. citizen and a citizen of another nation (and with a damage claim of at least $75,000)
expressed powers
powers directly stated in the constitution
Elastic Clause
Article I, Section 8, of the Constitution, which allows Congress to make all laws that are “necessary and proper” to carry out the powers of the Constitution.
concurrent powers
Powers held jointly by the national and state governments.
Full Faith and Credit Clause
Constitution’s requirement that each state accept the public acts, records, and judicial proceedings of every other state
Privileges and Immunities Clause
prevents a state from treating citizens of other states in a discriminatory manner.
U.S. Term Limits v. Thornton (1995)
States cannot set term limits on members of Congress
issue advocacy ads
ads that focus on issues and do not explicitly encourage citizens to vote for a certain candidate
general election
An election held to choose which candidate will hold office
Citizens United v. Federal Election Commission
A 2010 landmark Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures.
Super PACs
Independent expenditure-only PACs are known as Super PACs because they may accept donations of any size and can endorse candidates. Their contributions and expenditures must be periodically reported to the FEC.
PACs (Political Action Committees)
A committee set up by a corporation, labor union, or interest group that raises and spends campaign money from voluntary donations
Electoral votes needed to win
270 out of 538
Caucus
A meeting of local party members to choose party officials or candidates for public office and to decide the platform.
“King Caucus” refers to
the use of each party’s congressional caucus to nominate presidential candidates during the early nineteenth century.
Electors
people elected by the voters in a presedential election as members of the electoral college
Primaries vs. Caucuses
Primary- more democratic + representative
Caucus- participants more informed + more interactive
brokered convention
no candidate gets a majority of delegates, leaving party elites to pick a nominee
Interest groups are
organizations that seek to influence government in order to achieve some or all of their goals.
Lobbyist
A person who is employed by and acts for an organized interest group or corporation to try to influence policy decisions and positions in the executive and legislative branches.
legislative liaison
executive personnel who work with members of Congress to secure their support in getting a president’s legislation passed
inside lobbying
activities by lobbyists and interest group leaders that involve direct contact with policy makers
outside lobbying
A form of lobbying in which an interest group seeks to use public pressure as a means of influencing officials.
Twenty-fourth Amendment
The constitutional amendment passed in 1964 that declared poll taxes void in federal elections.
Amicus briefs are
known as “friend of the court” briefs
literacy tests, poll taxes, grandfather clauses
loopholes in amendments 13-15 that kept blacks from voting in southern states
National Voter Registration Act of 1993
this act passed in 1993 and frequently called the “Motor Vehicle Act” is a piece of legislation that includes a provision that makes it possible to register to vote when applying for or renewing your drivers license.
Fifteenth Amendment (1870)
One of the Reconstruction Amendments
Provisions:
Prohibited the government from using a citizen’s race, color, or previous status as a slave as a voting qualification.
Nineteenth Amendment (1920)
granted women the right to vote; its ratification capped a movement for women’s rights that dated to the Seneca Falls Convention of 1848. Although women were voting in state elections in 12 states when the amendment passed, it enabled 8 million women to vote in the presidential election of 1920.
Twenty-fourth Amendment (1964)
It outlawed taxing voters, i.e. poll taxes, at presidential or congressional elections, as an effort to remove barriers to Black voters.
Breedlove v. Suttles (1937)
The Supreme Court upheld poll taxes as constitutional in the 1937 case
Twenty-sixth Amendment (1971)
Lowered the voting age from 21 to 18
voting-eligible population (VEP)
citizens who have reached the minimum age to be eligible to vote, excluding those who are not legally permitted to cast a ballot
compulsory voting laws
require citizens to vote in elections or pay a fine.
Shelby County v. Holder, 2013 (5-4 decision)
States and localities do not need federal approval to change voting laws.
ballot fatigue
the phenomenon by which voters cast fewer votes for offices listed toward the bottom of the ballot
retrospective voting
voting for a candidate because you like his or her past actions in office
prospective voting
voting for a candidate because you favor his or her ideas for handling issues
equal treatment
For our courts to be fair, judges must be impartial — that is, they may not favor either side in a case. The goal of our courts is to provide equal treatment to all people, regardless of their wealth, position, race, gender, religion, ethnic background or physical disability.
Gray v. Sanders (1963)
one person, one vote
Thirteenth Amendment (1865)
abolished slavery
Fourteenth Amendment (1868)
granted citizenship to any person born or naturalized in the United States; this amendment protects citizens from abuses by state governments, and ensures due process and equal protection of the law. It overrode the Dred Scott decision.
Minor vs. Happersett (1875)
A woman suffragist sued the official who had not allowed her to vote. The Supreme Court ruled that, while the woman was a citizen, voting was not a right but a privilege bestowed by the federal government on those who could be trusted to use it wisely. After this decision, NWSA began advocating a separate constitutional amendment, modeled on the Fifteenth, to bar disfranchisement “on the grounds of sex.” This wording would eventually go into the Nineteenth Amendment.
Civil Rights Act of 1964
outlawed discrimination based on race, color, religion, sex, or national origin
Civil Rights Act of 1957
1957
*First civil rights act since Reconstruction
*Stimulated by Brown v. Board of Edu. of Topeka and civil rights activism
*Created a panel to ensure that voting rights of African Americans were not violated
Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
This law requires equal housing opportunities regardless of race, religion, or national origin.
Section 504 of the Rehabilitation Act of 1973
Extends civil rights to people with disabilities
Americans with Disabilities Act (ADA)
Legislation passed in 1990 that prohibits discrimination against people with disabilities. Under this Act, discrimination against a disabled person is illegal in employment, transportation, public accommodations, communications and government activities.
Equal Pay Act of 1963 (EPA)
A federal law requiring that employers provide equal pay for men and women who do similar work in the same workplace.
Title VII of the Civil Rights Act of 1964
Forbids discrimination on the basis of sex, race, color, religion, or national origin in all areas of the employment relationship
Title IX of the Education Amendments of 1972
A provision of the 1972 Educational Amendments that prohibits sex discrimination in any educational program receiving federal financial assistance.
Pregnancy Discrimination Act of 1978
Treats discrimination based on pregnancy-related conditions as illegal sex discrimination
Craig v. Boren (1976)
Gender discrimination can only be justified if it serves “important governmental objectives” and be “substantially related to those objectives”
Mississippi University for Women v. Hogan (1982)
held that single-sex admissions policy of the Mississippi University for Women violated the Equal Protection Clause of the 14th amendment
Automobile Workers v Johnson Controls, Inc (1977)
USSC: “Decisions about the welfare of the next generation must be left to the parents who conceive, bear, support, and raise them, rather than to the employers who hire those parents”
United States v. Virginia (1996)
Under the 14th Amendment’s Equal Protection Clause the Court held that Virginia Military Institute’s male-only admissions policy was unconstitutional.
Korematsu v. United States (1944)
Upheld the constitutionality of the relocation of Japanese Americans as a wartime necessity. Viewed by contemporary scholars as a flagrant violation of civil liberties.
Griswold v. Connecticut (1965)
Found a “right to privacy” in the Constitution that would ban any state law against selling contraceptives
City of Boerne v. Flores (1997)
Congress CANNOT pass laws that restrict church building
Plessy v. Ferguson (1896)
Legalized segregation in publicly owned facilities on the basis of “separate but equal.”
Browder v. Gayle (1956)
Court ruled that segregation on buses was unconstitutional
Harper v. Virginia State Board of Elections (1966)
forbade requiring poll taxes in state elections, blacks regained the opportunity to participate in the American political system
Loving v. Virginia, 1967 (9-0 decision)
Invalidated state laws prohibiting interracial marriage.
Jones v. Mayer Co. (1968)
Racial discrimination in the public or private sale or rental of property is against federal law
Shelby County v. Holder (2013)
Struck down provision of Voting Rights Act of 1965 requiring states engaged in past discrimination to get federal preclearance before instituting changes in voting laws or practices; allowed restrictive state voter ID laws to go forward (Roberts Court)
Brandenburg v. Ohio (1969)
speech that does not call for illegal action is protected, and even speech that does call for illegal action is protected if the action is not “imminent” or there is reason to believe that the listeners will not take action
Tinker v. Des Moines Independent Community School District
The Court has since expanded the definition of speech to include symbolic acts, such as wearing black armbands in protest of the Vietnam War
Texas v. Johnson (1989)
Flag-burning is symbolic speech with a political purpose and is protected by 1st Amendment.
District of Columbia v. Heller (2008)
Ruled the 2nd Amendment protects an individual’s right to possess a firearm for lawful, private use (Roberts Court)
McDonald v. City of Chicago (2010)
The Supreme Court ruled that the 2nd Amendment applies to the states.
Gideon v. Wainwright (1963)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
Mapp v. Ohio (1961)
Established exclusionary rule; illegally obtained evidence cannot be used in court; Warren Court’s judicial activism.
Weeks v. United States (1914)
Established the exclusionary rule in federal cases. Prohibited evidence obtained by illegal searches and seizures from being admitted in court.
exclusionary rule
improperly gathered evidence may not be introduced in a criminal trial
statutory rights
Rights based on laws or statutes passed by federal, state, or local governments.
United States v. Bajakajian
This is a case about excessive fines. Defendant failed to report leaving the country with $350,000 and the US seized it all. Held to be accessive.
Trop v. Dulles (1958)
Court ruled that stripping away a natural-born citizen’s citizenship is considered cruel and unusual punishment.
Coker v. Georgia (1977)
Court outlawed the use of the death penalty for rape or any other crime that did not result in the death of another person
Atkins v. Virginia (2002)
execution of developmentally disabled offenders is unconstitutional
Roper v. Simmons (2005)
Execution of offenders for crimes committed while under the age of 18 is unconstitutional
Unites States v. Cruikshank
The foundations of the anti-terrorist campaign came into question in this court case in 1876. The Supreme Court decided that the federal government had exceeded its authority under the Fourteenth amendment. It was the states’ responsibility.
United States v. Miller
1939; ruled that the National Firearms Act of 1934 was constitutional, allowing federal govt to ban interstate shipping of some unregistered guns (because it was unrelated to state militias)
Which statement describes characteristics of a social contract
A collective expression of a collectively shared interest
A specification of natural rights
A definition of human nature
In what way is the state of nature important for constructing a social contract?
The state of nature gives definition to natural rights.
The state of nature gives definition to what it means to be human.
What is the purpose of a social contract?
To acknowledge and protect natural rights
What is an important weakness of a social contract
Social contracts require consensus.
Which statements are true about natural rights?
They let you do what you need to survive and be secure.
They impart an equality of being among all people.
Which statements are true concerning the state of nature?
Permits a philosophical definition of human nature.
Is a thought experiment upon which a definition of proper society and government are built
What conditions are required for a social contract to work?
Uniformity of ability and purpose among those who agree to the social contract
Consensus among those whom the social contract applies to
Which of these describes the theory of the social contract?
Society is not natural, but created by the people.
What are social contracts constructed to be compatible with?
Human Nature and Natural Rights
Which was designed with a concern for the tyranny of factional majority?
The Constitution
What is the Enlightenment?
The source of our ideas about natural rights
A period of Western European history following the Middle Ages.
Why does the Enlightenment influence American politics and government?
The colonists have a long history of self-government, consistent with the Enlightenment’s ideas about government by consent.
Those immigrating to the American colonies are attracted to the Enlightenment’s ideas of liberty and property.
Ideas of the Enlightenment frame the colonists’ response to British violations of natural rights.
How do conflicting ideas of the Enlightenment influence American government and politics?
The conflict between popular government and the separation of powers creates an ideal balance of interests.
he protection of private property can interfere with the government’s dealing with important social needs.
Which ideas are embodied in the Declaration of Independence?
The natural rights of life, liberty, and pursuit of happiness
The idea that governments are created by people to protect their natural rights
In what key ways does the Constitution differ from the Declaration of Independence?
The Constitution makes justice more important than liberty.
The Constitution is more concerned with controlling rather than expressing the popular will.
What type of rights are contained in Bill of Rights?
The Bill of Rights contains natural rights.
The Bill of Rights contains procedural rights.
The Constitution’s first three articles create separate legislative, executive and judicial branches, is consistent with:
Montesquieu’s theory for the separation of political power.
The Constitution’s demotion of liberty, and lack of protections for natural rights, suggests the framers were what?
More interested in the practicalities of government.
Which system of government allows states to retain most of their power and authority while delegating few defined powers to the national government?
A confederation
Why did the Articles of Confederation fail?
The Articles limited the powers of the national government too much, making it weak and ineffective.
The Articles gave the states too much authority.
Why was it so difficult to change the Articles of Confederation?
The Articles of Confederation required unanimous consent by all the states for any changes
Which of these are powers of the national government under the Articles of Confederation?
The power to declare war
Why were foreign governments reluctant to loan money to the United States during the time of the Articles of Confederation?
Since the national government lacked the ability to tax its citizens, foreign governments feared that the national government would not be able to repay the loans.
What was a major weakness of the Articles of Confederation?
Congress could not enlist men for a national army.
Why did the Articles of Confederation provide for such a weak national government?
The colonists/citizens of the United States were afraid of a strong central government.
What was one reason why it was necessary to replace the Articles of Confederation?
The United States lacked the military forces to defend the new country.
What powers did the national government have under the Articles of Confederation?
The power to settle disputes among different states
The power to borrow and coin money
The power to declare war
After the Articles of Confederation went into effect, how was the British government able to continue impacting what would happen in the United States?
The British government was able to put pressure on the states through its occupation of land west of the United States.
The British government could refuse to accept the currency of the United States as a means to pay off any lingering debts.
The British government was able to form individual relationships with the states.
Ultimately, why did the Articles of Confederation fail?
It weakened the economy of the United States.
It harmed the international reputation of the United States.
It weakened the powers of the national government too much.
The power to draft soldiers under the Articles of Confederation required the national government to do which of the following?
Appoint senior officials
Ask each state to send troops any time they wanted to engage in war
How did the inability to regulate trade among the states prove to be a weakness for the United States?
The national government had no power to regulate the price of goods.
Many local farmers and business owners could not survive in the economy under the Articles of Confederation.
The inability to regulate trade allowed the states to make their own agreements with other countries without the national government’s knowing.
Why was the inability of the national government to tax a weakness of the Articles of Confederation?
Foreign countries did not want to lend or trade with the national government.
Being unable to tax often left the national government underfunded.
The currency of the United States became worthless.
What best describes the differences between the Virginia and New Jersey Plans in the role of federal and state sovereignty?
Supporters of the New Jersey Plan advocated for states to retain power over the national government while supporters of the Virginia Plan wanted the national government to legislate for the states and even veto laws passed by state legislatures.
Supporters of the New Jersey Plan believed that the states were best suited to represent the needs of the citizens while supporters of the Virginia Plan believed that effective representation could happen at the national level.
Which plan for representation in the national legislature advocated for the voice of less populous states?
The New Jersey Plan
Which plan for representation argued for greater representation for the more populous states?
The Virginia Plan
What best describes the ideas and beliefs of federal and state sovereignty in the Virginia Plan?
Supporters of the Virginia Plan believed that a strong national government was vital to the success of the United States.
The Virginia Plan not only sought to give more representation to populous states, it also advocated for a national government that would legislate for the states.
The motivation for those who introduced and promoted the Virginia Plan was:
To shift more power to the national government.
In proposing the New Jersey Plan, its proponents were interested in what?
Maintaining the structure of the Articles of Confederation and basing representation on the states
Resting at the heart of the debate over the Virginia and New Jersey plans was:
A disagreement over the national government being representative of the people or of the states.
What debate did the Great Compromise settle so that the Constitutional Convention could continue?
The Great Compromise settled the debate between the large states and small states over state representation in the legislative branch.
How do checks and balances keep the branches of government from abusing its power?
Checks and balances require the different branches of government to work together.
Checks and balances allow each branch of government the ability to restrict other branches of government.
Several mechanisms were put into place to satisfy the fears of those who felt that if the Constitution gave the national government more power, it would be able to abuse its power and the rights of the people. Which is not one of those mechanisms?
The Supremacy Clause
The Senate has equal representation regardless of population of the state.
State governments still given sovereignty over their individual states.
New Jersey paln
Bicameral legislature consisting of two chambers.
Senators are appointed rather than popularly elected.
The House of Representatives has state representation that varies based on the size of a state’s population.
The National government given increased powers.
Virginia Plan
In what ways does Article I of the Constitution prevent the national government from engaging in taxation without representation?
Both the House and Senate must approve of all revenue bills.
All bills to raise revenue must begin in the House of Representatives.
How was slavery involved in the Constitutional Convention?
Representatives from the North were adamant that slaves not be counted towards a state’s population while Southerners insisted that they be counted.
What are specific powers given to Congress in Article I of the Constitution?
The power to declare war
The power to regulate trade and commerce
The power to tax
The power to lay and collect taxes
The power to declare war
The power to remove a president from office
The Legislative Branch
The power to veto laws passed by Congress
The Executive Branch
The power to declare laws unconstitutional
The Judicial Branch
To reinforce the representational differences in the national bicameral legislature, the Great Compromise required that:
Members of the House of Representatives be selected by the voters, and members of the Senate be selected by the state legislatures.
The most important structural outcome of the Great Compromise was:
The creation of a bicameral national legislature, with each chamber representing a different type of political actor.
The Three-Fifths Compromise worked to:
Increase the representation of Southern states in the House of Representatives.
Which Constitutional change was not advocated by the Federalists?
The addition of the Bill of Rights
Why did the Anti-Federalists advocate for the addition of the Bill of Rights to the Constitution?
To prevent tyranny over the people by the national government.
To explicitly protect the rights of individuals.
Why did the Anti-Federalists want the government to remain closer to the people?
To prevent the possibility of government tyranny.
To keep the wealthy elites from having complete power.
Why did the Federalists want to make the national government as strong as possible?
To build and maintain a strong economy.
To provide more protection for the United States against potential threats.
The name of the series of essays published beginning in 1787 that argued in support of a strong federal government and the ratification of the Constitution was:
The Federalist Papers
Which of these options helped the Federalists gain more support for their theories of a representative government with increased national powers?
The Federalist Papers
In Federalist no. 51, Madison argues for the division of government authority to each branch of government. What is this known as?
Separation of powers
Who has the most important role in foreign policy?
The president
On which branch of government does the Constitution provide the most detail as it relates to powers?
Congress
Which entity has the power to execute laws passed by Congress?
The president and officials in the executive branch are in charge of executing the laws passed by Congress.
Which of these powers does the president hold?
The power to grant pardons
Why did the founding fathers provide so little detail for the judiciary
The Founding Fathers provided little detail for the judiciary because they understood the role of courts and the judicial system from the English system and the colonial period.
How long is the term for federal judges?
Judges serve during times of good behavior.
or life
Which check limits the power of Congressional law-making?
The president’s power to veto is a limitation to Congressional law-making.
What powers does Congress possess?
The power (by the Senate) to pass treaties with a two-thirds majority vote
The power to declare war
Why did the Founding Fathers develop the system of checks and balances?
The Founding Fathers feared a government that would be too strong.
Which of these was intended as part of the system of checks and balances?
he ability of the president to veto acts of Congress was intended as part of the system of checks and balances.
Which is true concerning executive agreements with foreign countries?
executive agreements are valid only as long as the political leaders from both countries are in power.
Which is true of the impeachment process?
The impeachment process involves a majority vote in the House of Representatives, followed by a hearing in the Senate requiring a two-thirds vote to remove an individual.
Which statement is true regarding the federal system of government?
Federalist systems work best In countries that are large and diverse.
Which statement about federal and unitary systems is most accurate?
In a federal system, powers are divided between states and national governments. In a unitary system, all power is held within the national government.
Which concept is an Enlightenment idea that influenced the leaders of the American Revolution?
Social contract
How does the Bill of Rights reflect the influence of Enlightenment ideas on the Constitution?
The Bill of Rights explicitly listed individual freedoms.
What describes the general structure of the U.S. government under the Articles of Confederation?
It was an alliance of independent states under a limited central government.
What was a major problem with the Articles of Confederation?
he national government did not have the power to impose taxes.
What describes Clause 3 of Article IV, Section 2 in the Constitution?
Slave owners could reclaim their slaves in states where they had fled.
Which major compromise was made at the Constitutional Convention?
The proportional representation of enslaved persons
What describes the opposing views in the debates between the Federalists and Anti-Federalists?
Federalists favored a strong central government while the Anti-Federalist favored strong state governments.
How do the branches of government operate under the concept of checks and balances?
The branches of government must cooperate to function, and each branch can restrict the others branches’ powers.
Which of these most accurately describes checks and balances?
Each branch can restrain the others through a system of shared powers.
Which of the following enumerated powers of Congress are generally regarded as responses to the weaknesses of the national legislature under the Articles of Confederation?
exclusive power to coin money
power to regulate commerce
The oversight power of Congress is a form of
power.
implied
Which of these is the most accurate statement about the process of a bill’s becoming a law?
The process is complex and full of steps, at any of which a bill may die and have to begin the process again.
What gives a bill a better chance of becoming law?
A bill has a a better chance of becoming law if it receives a favorable report and vote from committees in the House and Senate.
What is essential for a bill to become a law?
To become a law, it is essential for a bill to pass both the House and the Senate in identical form
Where are most bills prevented from becoming laws?
In the committees of the House and Senate
What is a key difference between standing committees and select committees?
Standing committees continue from one session of Congress to the next, whereas select committees are temporary.
What is the purpose of a conference committee?
A conference committee is convened to resolve differences in bills from the House of Representatives and the Senate.
What is a key role of the appropriations committees in the House of Representatives and the Senate?
One key role of the appropriations committees in the House of Representatives and the Senate is to provide funding for specific projects, agencies, or programs in proposed legislation
Which of these correctly describes the process of redistricting?
Redistricting is a complex process that is subject to constitutional restraints.
Why is the census an important factor in American politics?
The census determines how many seats each state will get in the House of Representatives, and consequently, how many votes each state will get in the Electoral College.
For what reason were majority-minority districts created?
Majority-minority districts were created to avoid gerrymanders that diluted the voting power of minorities.
What is one goal for the use of gerrymanders?
Gerrymanders dilute the power of the minority party by concentrating supporters in one or a few districts
What determines the number of members in the House of Representatives?
The number is determined by law.
How does the census affect the apportionment of seats in the House of Representatives?
Due to changes in population, some states gain seats and other states lose seats.
What requirement did the Baker v. Carr decision establish?
The decision established that districts for the House of Representatives have approximately equal populations.
Which statement is the most accurate concerning the need for states to draw new district boundaries after each census?
Almost all states have to redraw boundaries since each Congressional district must have approximately an equal number of people.
Why did the Founding Fathers create the presidency?
The Founding Fathers wanted an executive with sufficient power to lead the country in an emergency.
Why do Presidents have great power?
Presidents have great power because of the increased power and size of the United States.
Which statement below accurately describes current presidential power to block legislation?
The president has the power to veto legislation, but the veto can be overridden by Congress.
How are executive agreements used?
Executive agreements are used in international relations.
Why was the Twelfth Amendment necessary?
The Twelfth Amendment was needed because Jefferson (the presidential candidate) and Burr received the same number of electoral votes, resulting in a tie
Which of these presidents were subjected to impeachment?
Andrew Johnson and Bill Clinton
What is the key provision of the Twenty-Second Amendment?
The Twenty-Second Amendment limited an individual to two terms as president.
Which two states provide for the possibility of splitting their electoral votes by Congressional district?
Maine and Nebraska
What was the purpose of the Monroe Doctrine?
The Monroe Doctrine discouraged the European powers of the time from intervening in the affairs of Western Hemisphere nations.
Which of these does the Constitution require the president to do?
To deliver a State of the Union address
Which presidential power is virtually unchecked?
The power to pardon people convicted of federal crimes
What improves the ability of a president to use his power of persuasion?
Inheriting a good economy
What is the difference between an executive agreement and an executive order?
Executive agreements are made with leaders of foreign countries, so their agreement and support is needed
What are measures that a president can use to influence the execution of legislation?
Signing statements and executive orders
When did Congress issue an official declaration of war?
Congress issued an official declaration of war after Pearl Harbor.
What does “executive privilege” refer to?
“Executive privilege” refers to the ability of the president to withhold information from Congress.
When did the United States establish national intelligence agencies?
Right after World War II
What must be true for a recess appointment to be made?
The Senate must be in recess.
What is one reason why presidents rely on executive agreements?
Because executive agreements take less time to negotiate and implement than treaties
What mechanism did President Roosevelt use to intern Japanese American citizens during World War II?
By executive order
Which presidential power has the most limitations?
The presidential power with the most limitations is appointing people to government positions.
Which of the powers below was given to the president by the Founding Fathers?
The power to command the armed forces of the United States
What is a key element of a new president’s transition into office?
Indicating to foreign leaders which executive agreements s/he will continue to honor
What did the Founding Fathers want from the office of the president?
The Founding Fathers wanted an executive leader with enough power to lead, but they also wanted to avoid an all-powerful monarchy.
Of the choices below, which is most consistently a key presidential adviser, from president to president?
Whomever the president chooses to rely upon
Which of the presidents below relied most on his vice president for advice?
George W. Bush and Dick Cheney
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:
A recess appointment
What is used to prevent presidential recess appointments?
Pro forma sessions of the Senate
How long is the so-called “honeymoon period” for new presidents?
The first 100 days after the inauguration
In Dickerson v. United States (2000), the Supreme Court ruled that Congress could not override the Miranda warning requirement established in Miranda v. Arizona (1966).
Stare decisis
An argument offered in opposition to judicial activism is:
The intrusion into democratic politics of unelected, and therefore unaccountable, judges.
A law alleged to violate the Constitution’s protection of free speech would be heard by the Supreme Court under:
Appellate jurisdiction.
Which of these statements is true about individuals nominated to the Supreme Court?
Individuals who are nominated are normally lawyers.
Which statement below is accurate about the “Rule of Four” in the Supreme Court?
The “Rule of Four” means that at least four justices must want to hear a case.
The number of justices on the Supreme Court is set by:
Congress
Those who are nominated to serve as a Supreme Court justice are generally:
Ideologically compatible with the president who nominates them
Your dispute with your cellular service provider has escalated into a civil suit. In which court will your case most likely be heard?
A state trial court
You live in Wyoming, and your business partner lives in Idaho. Your business relationship sours and your partner sues you for damages totaling $250,000. In which court will your case most likely be heard?
A federal district court
In 1997, the family of Nicole Brown Simpson sued O.J. Simpson for the wrongful death of Ms. Simpson. What type of case is this?
A civil case
In 2008, Bernie Madoff was charged by federal prosecutors with defrauded his investors of an estimated $65 billion. What type of case is this?
A criminal case
Which of the following is not an example of how the courts play a role in the system of checks and balances?
Proposed legislation is reviewed by the courts to determine if it is constitutional
How did the Fourteenth Amendment change the interpretation of the Constitution?
It led to greater involvement by federal courts in areas previously reserved to the states.
Which branch of government has the primary role of interpreting the Constitution?
The courts
Which of the following explains the relationship between Barron v. Baltimore and the Fourteenth Amendment?
The Fourteenth Amendment affirmed the decision in Barron v. Baltimore that the Bill of Rights applied only to the national government.
How is the Supremacy Clause connected to the power of the courts?
The Supremacy Clause asserts that the Constitution is the highest law in the land and courts may need to interpret the meaning of the Constitution to resolve a case.
Why is the Tenth Amendment included in the Bill of Rights?
To calm Anti-Federalists’ fears by reserving powers to the states
Which constitutional clauses seek to limit the power of the states?
Privileges and Immunities Clause
Supremacy Clause
Full Faith and Credit Clause
Congress is given the authority to determine the rules and policies for the national military in Article I of the Constitution.
Expressed Power
Although not specifically stated in the Constitution, Congress has decided that it is within its authority to open a national bank in order to help them regulate commerce.
Implied Power
John lives in Nevada and he wants to get married in Maryland. However, he is confused as to why the time it takes to get a marriage license in Nevada is much faster than in Maryland. Why isn’t it the same in all of the states?
Reserved Power
Although you think you are being taxed twice by the government, each year you continue to pay a federal income tax and state income tax.
Concurrent Power
How was the Necessary and Proper Clause used to expand the powers of the federal government?
The Necessary and Proper Clause provided the federal government with powers not stated in the Constitution
Why are the cases McCulloch v. Maryland and Gibbons v. Ogden important to the development of the American Federalist system?
Both cases explained specific expressed powers of the federal government.
Both cases helped to increase the powers of the federal government.
Which clauses did the Supreme Court use In McCulloch v. Maryland, to expand the power of the federal government
Supremacy Clause
Necessary and Proper Clause
How did the Supreme Court interpret the Necessary and Proper Clause in McCulloch v. Maryland?
It recognized that Congress could create a national bank even though it did not have an enumerated power to do so.
What is a primary effect of the census on the functioning of Congress?
It is used to determine the number of House representatives for each state.
Which describes the purpose of Congressional appropriations committees?
They recommend how specific funds are allocated
Which power is assigned to the House under the Constitution?
Originating congressional spending bills
How does apportionment influence the makeup of Congress?
It determines the allocation of seats in the House of Representatives based on the equal proportions method.
What is an example of checks and balances between the executive and legislative branches of government?
The Senate must confirm the president’s Supreme Court nominees.
Which presidential power can be directly restricted by Congress?
Appointing cabinet members
Which president was impeached by the House of Representatives?
Andrew Johnson for firing his secretary of war
What is the general purpose of the president making recess appointments?
To fill cabinet vacancies while bypassing Senate approval
What is true about the U.S. court system?
It is a dual system with a federal court system and courts in each state
What describes the Supreme Court’s use of the judicial principle of stare decisis?
The Supreme Court’s precedents are treated as established law.
What was the significance of the Supreme Court’s ruling in McCulloch v. Maryland?
It established a loose constructionist view of the necessary and proper clause
Which type of power is a state’s power to tax?
A concurrent power
What is an example of a state exercising its reserve power?
Establishing laws to regulate businesses in the state
What is an example of a state exercising a concurrent power?
Issuing bonds to fund an infrastructure project
In which of the scenarios listed below is a constituent’s interest likely to be heard by a member of Congress?
he constituent seeks the attention of his/her representative, rather than his/her senator.
The constituent is among those who donate to their representative’s re-election campaign.
Which statements are true concerning the Federal Election Campaign Act?
Imposes limits on individual contributions to a campaign
Requires candidates to report who donates to their campaigns
What are some ways “soft money” can be used in congressional elections?
Issue-advocacy ads
Party-building efforts
What characteristics distinguish presidential elections from mid-term elections?
The interest level of voters who show up
The different level of voter turnout
What are the advantages an incumbent has over a challenger?
Fundraising
Experience
Party support
Why does the party of the president often lose seats in Congress during mid-term elections?
There are different sets of voters who participate in presidential and mid-term elections.
There are different sets of issues that drive voters in presidential and mid-term elections.
According to Angus Campbell, which of these statements supports the saying that “all politics is local”?
There is a fundamental influence of local policy concerns on national elections.
There is an advantage to the party not currently occupying the presidency during mid-term elections.
In many parts of the country, straight-ticket voting is prevalent.
How has the cost of political campaigns for Congress changed?
Costs have rapidly increased, making campaigns more expensive
Which of these statements is true about campaign funding?
Money from PACs has been on the increase as a proportion of campaign contributions.
Which statements are true regarding the process for nominating a presidential candidate in recent decades?
The process for nominating a presidential candidate has shifted the power for nominating candidates to state party primary elections.
The process for nominating a presidential candidate has brought about a longer nomination process.
Of the choices below, which arguments are often expressed by critics of the Electoral College?
The Electoral College violates the one-person, one-vote expectation.
The Electoral College lessens political participation in “safe” states.
The Electoral College undermines majority rule.
Which statements regarding the “king caucus” are true?
The king caucus is made up of party operatives from state legislatures.
The king caucus is a reflection of the emergence and rise of political parties.
How was the political party caucus initially used?
To allow a political party’s congressional legislators to decide on the party’s nominees for president.
What was an outcome of the rise of primary systems during the Progressive Era?
Decreased the control of political parties over the candidate nomination process.
When deciding to run for elective office, which of the following will you find useful?
Money
Connections
A suitable job
An accepting family
How do general elections differ from primary elections?
You will face new groups of voters.
What will you need to accomplish if you decide to run for president?
Compete in caucuses and primary elections
Manage 50 separate state campaigns
Seek to acquire a majority of your party’s national convention delegates
A brokered convention occurs when:
No candidate acquires a majority of a party’s delegates before the start of its convention.
What are the constitutional requirements to serve in Congress?
Citizenship tenure.
A minimum age.
What are some of the strategies you should consider when campaigning for office?
Engage in negative campaigning.
Focus on independent voters
How does the district method for distribution of electoral votes differ from the winner-take-all method?
It allocates two electoral votes to the winner of a state’s popular vote.
It allocates one electoral vote to the popular vote winner of each congressional district.
What happens if no candidate for president receives a majority of the electoral vote?
The House of Representatives is called upon to choose who will be president.
What determines the outcome of presidential elections?
Swing states
Electoral votes
What must a candidate win when seeking a state’s electoral votes?
A candidate must win a plurality of the state’s popular vote.
Which are true regarding presidential electors?
Pledged to support the candidate or political party that nominated them.
Nominated by the candidates or political parties.
What influences presidential campaign strategies?
Which states a campaign feels it might win.
Which states a campaign is certain to lose in the election.
Which states a campaign is certain it will win.
Which president received fewer popular votes but won the Electoral College?
George W. Bush, who won over Al Gore
How is a president selected if no one receives a majority vote in the Electoral College?
The choice goes to the House of Representatives to determine who of the top three finishers will be elected with each state having one vote.
What is one advantage of the Electoral College system?
The Electoral College system, with its runoff procedure, has always worked.
Which of these options is usually the basis for inside lobbying?
Information
Which of these is an example of outside lobbying?
An interest group runs television commercials encouraging citizens to call their senator and request support of a particular bill.
How do interest groups attempt to influence political outcomes?
Interest groups attempt to influence political outcomes by contacting government officials and politicians and trying to influence the general public.
Which of these would be an example of a public interest group?
A consumer rights group advocating for mandatory seat belt laws
Which organization is most likely to be represented by a legislative liaison?
The U.S. Department of Health and Human Services
Which is an example of an interest group that follows an electoral strategy for making campaign contributions?
An interest group gives to a candidate who is a firm believer in the group’s cause to try to push the candidate over the top to victory, thereby avoiding the need for much direct lobbying.
Suppose a fundraiser went out and asked several of her friends to contribute to a political candidate. Instead of collecting the money and writing a single check herself, she has her friends all make their checks out directly to the candidate but delivers all the checks to the candidate herself, in one package. What is this fundraising tactic?
Bundling
What characteristic do PACs and Super PACs share?
Both PACs and Super PACs can spend money on behalf of a candidate in an election.
Who benefited the most from the decision in the Citizens United case?
Corporations
What was the effect of the Citizens United decision on spending?
The Citizens United decision reversed the restrictions of the McCain-Feingold Act.
Besides making campaign contributions, what can interest groups do to influence elections on a large scale?
Interest groups can inform voters and the public (perhaps through voter guides with candidate ratings) to make them aware of the candidates’ positions on key issues.
Which branch of government is an interest group lobbying when it files an amicus brief?
Judicial
Who are the lawmakers interest groups are most likely to target?
Lawmakers that will introduce legislation in support of the interest groups’ policies
Lawmakers on the committees that address the interest groups’ issues.
Which branch of government is not a target of interest group lobbying?
Interest groups lobby all three branches of government
When interest groups use candidate grades or ratings system to influence voters, which strategy are they implementing?
Inside Strategy
Who largely organizes and pays for elections in the United States?
State governments
Who was taxed by a poll tax?
Individuals who voted paid poll taxes.
What was the purpose of the National Voter Registration Act of 1993?
It allowed citizens to register at the same time they applied for a driver’s license.
Before a voter can cast a ballot, what is he or she required to do in virtually all states?
Before a voter can cast a ballot, she must register to vote.
Of the choices below, which is the reason that states may legally use to deprive a citizen of the right to vote, under the Fifteenth Amendment to the Constitution?
Conviction of a felony
Which of these events occurred after the passage of the Nineteenth Amendment?
Women gradually began voting in larger numbers until their level of turnout matched or exceeded that of men.
The key argument in support of the 26th Amendment was
If an 18-year old could be conscripted to fight, they should be allowed to vote.
The voter participation of African Americans did not increase significantly until which event?
The implementation of the Twenty-fourth Amendment
What is the term for laws that require citizens to vote?
Compulsory voting laws.
Of these choices, which describes the statistic about voter turnout that will generally be larger than any of the others?
Turnout as a proportion of registered voters
What is the term applied when a voter selects a candidate from the same party for each office on the ballot?
Straight-ticket voting
The requirement of photo identification to vote has had which of the following outcomes on voter turnout?
The people most adversely affected were young, less educated, or racial minorities.
In what ways are the three components of socioeconomic status–occupation, education and income–are similar when it comes to voting behavior?
As each of these components increases, there is a higher likelihood that a person will vote.
Which of these are an important step in increasing voter turnout?
Increasing the number of people who are registered to vote.
States showing the greatest improvement in voter turnout have adopted which of these?
Mail-only voting systems
Why is voter turnout in caucuses generally lower than voter turnout in primaries according to opponents of caucuses?
Caucuses take more time for the voter than primaries.
What established the requirement that candidates disclose the source of campaign contributions?
Federal Election Campaign Act
What is an effect of gerrymandering districts
Safe seats are created due to unnatural boundaries.
What is generally true of primary voters?
They tend to be on more extreme ends of the political spectrum.
What is a common relationship involving interest groups, congressional committees, or federal agencies?
Interest groups provide campaign funds for committee members.
Which policy would be most likely to be supported by a public interest group?
Increased spending on infrastructure projects.
Which type of interest group would lobby for increased accountability of congressional members?
A public interest group
What are lobbyists attempting to influence when they submit amicus briefs?
Supreme Court decisions
Which scenario describes a person making a decision based on prospective voting?
An individual examines a candidate’s voting record to predict how the candidate might respond to a future crisis.
Which factor contributes to low political participation of young Americans in local elections?
Many young Americans attend a college that is not in the district where they are registered.
What is an advantage incumbents have when competing for votes against political opponents?
They have greater name recognition among voters.
What are civil rights?
Civil rights are a requirement for government to act in a particular way.
Civil rights are, by definition, a part of the social contract.
Select the two correct answers. Discrimination is:
Generally allowed by the courts so long as it is rational.
The differential treatment of groups based on characteristics they possess.
In which Amendment does the requirement for states to respect the “privileges or immunities” of your U.S. citizenship appear?
Fourteenth Amendment
What is protected by the Fifteenth Amendment?
The voting rights of racial minorities
Which Amendment protects the right of women to vote
The Nineteenth Amendment
The Twenty-Sixth Amendment extends voting rights to:
Persons 18 years old or older.
How does the Age Discrimination in Employment Act (ADEA) differ from the Age Discrimination Act of 1975?
The ADEA prohibits against discrimination in employment, while the Age Discrimination Act protects against age discrimination in programs receiving federal funding.
Which laws require reasonable accommodations in employment for persons with disabilities?
Section 504 of the Rehabilitation Act of 1973
The Americans with Disabilities Act (ADA)
The Civil Rights Act of 1964 prohibits discrimination:
In education.
In public accommodations.
Based on religion.
Based on sex.
The Fair Housing Act prohibits discrimination based on:
National origin.
Religion.
Race.
What types of disability discrimination are prohibited by Section 504 of the Rehabilitation Act of 1973?
Employment
Education
Which two Constitutional Amendments are supported by the Voting Rights Act of 1965?
The Fifteenth Amendment
The Twenty-fourth Amendment
What is the importance of the Lilly Ledbetter Fair Pay Act of 2009?
The Lilly Ledbetter Fair Pay Act reinforced the Equal Pay Act of 1963.
What do civil rights represent?
Civil rights are requirements for government action.
Civil rights are expressions of the social contract.
Civil rights are expectations for how government will treat us.
The general characteristics of a civil rights movement include:
The use of court cases to advance the group’s cause for equal treatment.
Grassroots movements which organize to protest the presence of discrimination.
Recognition by the affected group that they are being discriminated against.
What general civil right trend is most present in the Constitutional Amendments ratified after the Bill of Rights?
the general civil right trend most present in these Amendments is expansion of the right to vote.
What were the goals of the grassroots movements created to oppose the racial discrimination of Jim Crow policies?
To engage with local officials and seek a change to these policies
To highlight to the American the injustices faced by African Americans living under these policies
To encourage the federal government to intervene in opposition to these policies
The strict scrutiny test is linked to which Amendment to the Constitution?
The 14th Amendment
Which of the following is true for strict and other types of scrutiny in regards to treating citizens differently?
The burden of proof is on government at all levels to demonstrate the need for the law or regulation
Which of the following would be likely to meet the rational legal basis doctrine?
Requiring students to meet a minimum score on a test for admission to a university
The relationship between a married couple is considered to be:
Part of the private sphere.
A civil liberty.
Which situations are examples of de facto segregation?
Racial profiling
Refusing service to African Americans at department store lunch counter
How does a civil liberty differ from a civil right?
Liberty means being left alone, while a right requires some type of action.
Liberties are associated with the private sphere, while rights are associated with the public sphere
A liberty is a proscription, while a right is a prescription.
When the Supreme Court applies “strict scrutiny,” which of these statements are true?
The discrimination must be narrowly focused.
The case involves a “suspected class.”
What is a civil liberty?
A civil liberty is a proscription for government behavior.
A civil liberty is something that allows us control over our private existence.
Which of these individual freedoms are protected in the Bill of Rights?
Freedom of religion
Freedom to bear arms
Freedom of speech
If you are accused of a crime, which of these rights are yours under the Constitution?
An indictment by grand jury
A public trial
Compelling witnesses to testify on your behalf
Under the Fourth Amendment, the police can stop you and pat you down without first getting a warrant if certain circumstances occur. Which statements would justify this action by the police?
The police reasonably believe you are involved in criminal activity.
The police suspect you are carrying a concealed weapon.
Of the choices below, which must occur before you can be tried on a criminal charge in a federal court?
You must be indicted by a federal grand jury.
You have to be informed of the crime you’re alleged to have committed.
You’ve been arrested on the suspicion of murdering a highly respected member of your community. The Sixth Amendment allows for several things that protect your right to a fair trial. Of the choices below, what are those Sixth Amendment protections?
The exclusion of potential jurors who may be biased against you
A notice of what criminal act you’re alleged to have committed
The cross-examination of witnesses who’ve said you committed the crime
The Eighth Amendment’s provisions for bail imply several protections. From the list of options below, which are valid implications?
You are innocent until proven guilty.
Your freedom is important for preparing your defense.
When are police able to conduct a search without a warrant?
There is a concern that the items of interest will disappear during the time a warrant is obtained.
The items of interest are in plain view.
The police use a drug-sniffing dog.
Which of these do the Sixth Amendment establish as your rights?
To be informed of accusations against you
To have witnesses testify on your behalf
The Supreme Court has held that the death penalty is allowable under the Constitution under certain circumstances. From the choices below, what are those circumstances?
The death penalty is not administered in a way that involves unnecessary or prolonged suffering.
The death penalty is a punishment proportionate to the crime.
The death penalty is used as a deterrent.
For your personal protection, you carry a stun gun. For what reasons would this be allowable under the Second Amendment?
You carry the stun gun for personal protection.
A stun gun is a bearable arm.
Which of these statements are accurate with respect to the quartering of troops in private residences by the U.S. government?
Allowed during peacetime, with the consent of the owner
Acceptable during times of war, provided it is allowed by law
Under the rules of common law, how are decisions made in court?
A jury is responsible for determining matters of fact.
A judge is responsible for interpreting and applying the law.
According to the Supreme Court, when is it legal to take private property for public use?
For the creation of jobs
For the enhancement of government revenues (for example, taxes).
For the building of roads
For the creation of public parks
The Supreme Court decision in which of the following cases ruled that states may not interfere with gun ownership relative to self-defense?
McDonald v. City of Chicago
What is a main element of the Establishment Clause of the First Amendment?
The Establishment Clause of the First Amendment stated that the national government is not permitted to provide support to any church school.
Which of these cases supported the free exercise of religion?
Burwell v. Hobby Lobby
Why are school vouchers acceptable under the Lemon Test even if they are used for attendance at religious schools?
Because they provide direct assistance to students and not to the schools
The Establishment Clause creates what kind of limitations?
The national government cannot provide support for any church or religious tradition
What is an established church under the First Amendment?
One that is supported by tax funds
Which Supreme Court decision provided increased rights for students?
Tinker v. Des Moines Independent Community School District
Which form of political speech and expression has received the most protection in judicial decisions?
Political speech in all forms
What did the Supreme Court rule regarding the American Flag in Texas v. Johnson?
.
Burning the American flag is a protected form of expression under the 1st Amendment.
In the Miller v. California case, the Supreme Court established the “Miller Test” for which of the following purposes?
To help determine whether something is obscene.
According the Supreme Court’s ruling in Brandenberg v. Ohio, political speech can be restricted only if it does which of the following?
Creates a danger of imminent lawless action.
How does the Court determine if a discriminatory practice is allowed to continue?
The Court uses intermediate scrutiny.
The Court uses the rational basis test.
Which of these are examples of Jim Crow Laws aimed to disenfranchise African Americans?
Literacy tests
Grandfather clauses
Poll taxes
How does the Court determine if a discriminatory practice is allowed to continue?
The Court never allows a discriminatory practice to continue because it is a violation of the Equal Protection Clause.
The Court uses intermediate scrutiny.
The Court uses the rational basis test.
Which of these are examples of Jim Crow Laws aimed to disenfranchise African Americans? Select the three correct answers.
Literacy tests
Grandfather clauses
Poll taxes
Which arguments did the Supreme Court accept in United States v. Windsor about the rights of same-sex married couples?
The Defense of Marriage Act (DOMA) denied the rights of same-sex married couples by refusing to recognize same-sex marriages in the way it recognized heterosexual marriages.
Treating certain married couples differently is a violation of equal protection under the Constitution.
The Defense of Marriage Act (DOMA) protected the inheritance rights of some married couples while denying the inheritance rights of other married couples.
How did the Supreme Court case Obergefell v. Hodges (2015) expand the rights of same-sex couples?
The Court’s ruling effectively overturned the use of the Defense of Marriage Act (DOMA) by the individual states.
The Court ruled that same-sex couples had a right to be issued marriage licenses in states that issued them to other types of couples
The Court ruled that due to the Fourteenth Amendment’s Equal Protection clause, states had to recognize the same-sex marriages of other states.
The Civil War Amendments (the Thirteenth, Fourteenth, and Fifteenth Amendments) were not enough to prevent discrimination against people of color, particularly in the South. As a result, what other pieces of legislation were passed by the federal government to prevent discrimination?
The Civil Rights Act of 1964
The Voting Rights Act of 1965
What are some of the modern-day issues involving women and the expansion of individual rights?
Reproductive rights
Education rights
Equal pay
How did the ruling in Roe v. Wade serve to expand the individual rights of women?
This ruling found that a woman has an unrestricted right to terminate pregnancy through an abortion only in her first trimester.
This ruling found that women had a constitutional right to terminate pregnancies through abortion.
Which classes of individuals did the Civil Rights Act of 1964 apply to
Religion
Sex
Race
How did the ratification of the Thirteenth, Fourteenth, and Fifteenth Amendments help expand individual rights?
The Fourteenth Amendment granted citizenship and equal protection to former slaves and those naturalized in the United States.
The Thirteenth Amendment outlawed the practice of slavery, allowing individuals to escape involuntary servitude.
The Fifteenth Amendment expanded voting rights to men of color.
What describes the civil liberties derived from the Bill of Rights?
They are things the government is not allowed to do.
What is the difference between civil liberties and civil rights?
Civil liberties are protections from the government, while civil rights are protections by the government.
In which types of cases would the Supreme Court use the rational basis test?
Cases involving discrimination that do not involve protected classes
What did segregated educational institutions violate according to the Supreme Court ruling in Brown v. Board of Education of Topeka?
The equal protection clause of the 14th Amendment
Which criminal justice issue is addressed by the courts under the Eighth Amendment?
Conditions related to capital punishment
Which Supreme Court case set the precedent that poor defendants must be provided legal counsel in felony cases?
Gideon v. Wainwright
Which constitutional amendment protects people from illegal searches and seizures of property?
Fourth Amendment
In which case did the Supreme Court rule that evidence obtained without a warrant and that does not fall under any exclusionary rule is inadmissible in court?
Mapp v. Ohio
What describes the Supreme Court’s decision in West Virginia State Board of Education v. Barnette?
school cannot force students to salute the flag if doing so violates their religious beliefs.
What was the Supreme Court’s rationale for ruling a Pennsylvania program that helped fund the salaries of parochial school teachers unconstitutional in Lemon v. Kurtzman?
t violated the establishment clause because it would have created excessive government entanglement with religion.
Which question is not part of the Miller standard for obscenity that was developed by the Supreme Court in Miller v. California?
Does the work depict male or female nudity?
What is not a requirement of the Supreme Court’s Lemon test for deciding whether a law or other government action that might promote a particular religious practice should be allowed to stand?
The action or law must not affect a large number of people.
In which case did the Supreme Court rule that Congress could regulate firearms that are not regularly used by the military because of an interpretation of the Second Amendment clause regarding a “well-regulated militia”?
United States v. Miller
What describes the Supreme Court’s ruling in Obergefell v. Hodges?
It recognized that same-sex married couples had the same rights as other married couples.
Which of the following Supreme Court cases held that married couples have the right to use birth control?
Griswold v. Connecticut
Which theory about the media suggests that what people see or read creates their own perception of reality?
Cultivation theory
Which situation would be an example of direct agenda setting by the media?
A report on a wave of identity theft cases that have been ignored by government agencies
Which action is an example of direct persuasion by the media?
Providing an endorsement for one candidate in an upcoming election
In political media, what is framing?
Framing is the process of giving context or background in the way a news story is portrayed.
Which action is an example of framing by the media?
Discussing a politically embarrassing story and providing details on previous experiences of the candidate that are similar
Which of statements is a main principle behind the cultivation theory of the media?
With time, the media influences the choices of voters on what they view
Which of these is true regarding the status of the Fairness Doctrine?
The Fairness Doctrine used to require a station that discusses controversial issues to give time to discussing the different sides on the issue, but it is no longer part of the law.
What did the Equal Time Act, which was initially part of the Communications Act, require?
The Equal Time Act required that if one candidate purchased advertising, all candidates in the same race would be allowed to purchase air time at the same price.
What is a major provision of the Communications Act?
The Communications Act created the Federal Communications Commission to oversee radio stations.
Which case limited the right of journalists to withhold the names of sources?
Branzburg v. Hayes
What basic issue did Miller v California deal with?
Definition of obscenity
Why is public opinion important to government officials?
Politicians want to know what the public thinks. Public opinion polls take the pulse of the people and can help government officials determine what actions to take.
Public opinion can help the government be more responsive to the desires of its citizens.
Which of these are agents of socialization?
Social groups
Families
Prevailing political conditions
The media
How does one’s political ideology give us insight into his public opinion?
Political ideologies help others understand one’s philosophy about the role of government.
Political ideologies help others more accurately predict what a person’s governmental priorities are.
If a person understands your political ideology, she can more accurately predict your public opinions.
Which of these factors affect the formation of public opinion?
Attitudes
Socialization
Beliefs
Which examples suggest factors that would make a person’s ideology more likely to shift?
One’s ideology may shift after the attack on the World Trade Center on September 11, 2001,.
One’s ideology may shift if as a child they grew up being told that women are the weaker sex, but later joined the army and fought side-by-side with both men and women.
One’s ideology may shift if their ideology is not strongly connected to their beliefs
In public opinion formation, what are the differences between heuristics and research?
Heuristics supply surface-level information, while research provides a deeper context.
Heuristics allow voters to make decisions quickly, while research takes more time.
Which demographic groups can be responsible for changes in public opinion?
Age
The workplace
Political elites
Race
When you go to vote on election day, there are names on the ballot that you do not recognize. However, since you are a Democrat, you cast your vote for all Democratic candidates.
You did not have enough time to find out all you could about the candidate for mayor. But you know that years ago she was a model for a fashion magazine so you do not think she has “what it takes” to be a good mayor.
Heuristics
Before the presidential election, you watched each debate and watched the news every day, so you feel confident that you are choosing the right candidate for president.
The most important issue for you personally is healthcare, so before going to the polls you searched and found where each candidate on the ballot stands on the issue of healthcare.
Research
Citizens form their opinions about issues and political candidates in two ways, relying on heuristics and/or doing research. Which of the following would be considered relying on heuristics?
Deciding about a candidate based on her/his prior occupation.
Voting for a candidate based on party allegiance.
Why do politicians pay attention to the public mood through public opinion polls?
Knowing poll results helps them to know what the public wants so that they can make decisions that better represent them.
Knowing poll results helps them to gain support for their policy preferences and initiatives.
Knowing poll results helps them to shift their support in order to win elections.
How does the media make use of public opinion polling during elections?
Exit polls
The bandwagon effect
Horserace coverage
How can social desirability impact public opinion polls?
Social desirability can make people afraid to answer questions truthfully.
Social desirability can distort the polls causing them to be inaccurate.
How do political actors use popular approval ratings?
Members of the House of Representatives have more pressure to shift to the preferences of public opinion to sustain high approval ratings.
Members of the Supreme Court are not usually affected by popular or unpopular approval ratings.
Approval ratings do not harm members of the Senate as much as the House of Representatives as senators have more time to recover if they make an unpopular decision.
When presidents have high approval ratings, they use their popularity to try to accomplish personal policy goals.
What is the bandwagon effect?
The bandwagon effect occurs when increased coverage by the media leads to a shift in support of a candidate by the electorate.
The bandwagon effect occurs when the media pays more attention to candidates who perform well during the fall and first few primary elections.
How is public opinion of the president different than public opinion of Congress?
The media plays close attention to the president, therefore granting multiple points in public opinion.
The president is viewed as both a person and an institution, while Congress is viewed mostly as an institution.
The public is more informed and aware of the actions of the president than they are Congress.
What describes the minimal effects theory developed during the 1930s
News shared by friends is filtered through their perspective and has a minimal effect on voters.
Which situation is an example of the government exercising prior restraint?
Forcing a newspaper to remove the names of covert agents in a story about the Central Intelligence Agency (CIA) before it is printed
Which statement is true about the general political beliefs of major American demographic groups?
Men tend to be more politically conservative than women.
Which political belief is associated with modern conservatism?
The government should do little to intervene in the national economy.
Which role do schools generally play in the political socialization of young people?
They provide information on U.S. history and civics.
Which form of influence can the media use to cause active political debate on an issue?
Agenda setting