American Clep Prep – Quizlet
American Government CLEP Exam PrepFirst continental congress: September 1774. Tried to peacefully separate from BritainSecond Continental Congress: May 1775. Established postal, Navy, Marines. Voted to leave BritainDeclaration of Independence: July 4, 1776. Based on John Locke’s two treaties of government. People have unalienable rights. When gov infringes those rights, it’s the duty of the people to overthrow govArticles of Confederation: March 1, 1781. Gov is unicameral (of single legislative body). Sets up gov with 13 members/states. All powers not under congress are given to the state. Weakness – no power to tax, no power for an armyPeople were scared of big gov because they just got out of war with BritainAnnapolis convention: Madison and Hamilton call for stronger govShay’s rebellion: Proved the Articles were inadequateConstitutional Convention: May 1787Virginia Plan: Proposed by Madison to institute bicameral legislation (two branches). Created 2 houses – lower (house) chosen by state, upper (senate) chosen by lower. Representation based on populationNew Jersey Plan: One house legislationGreat Compromise: Create house and senate. House represented by population, senate each state 2Slavery Compromise: 3/5, Congress can’t do anything until 1808Compromise over presidency: electoral college to select president so smaller states can have a sayFederalism: division of power from national and state govArticle one: Legislation is set up and list delegated powers. Necessary and proper (elastic) clause. Raising revenueArticle two: President and election. Lists presidential powersArticle three: Supreme CourtArticle four: states’ rightsArticle five: process for amendmentsArticle six: supremacy clauseArticle seven: ratificationAnti-federalist: gov has too much powerBill of rights: passes December 1791Dual Federalism: each layer of gov do actions that make sense. Downside – where do layers separateCooperative vs Federalism: gov is a joint effort between states and federalCongress: sets regulations for the court to rule onMandate: “this is what’s going to happen”Condition of aid: “if you don’t follow the regulations, your funding gets cut”Grant in aid: gov gives money for a specific purposeCategoric al grant: specific purposeFormula grant: must meet specific criteria to get grantBlock grant: given for a broad range of thingsTrends in federalism: Johnson 1963 – enlarged gov, gave more grants. Nixon – new federalism, tried to shrink gov. Reagan – shrink gov, cut federal spending. After Johnson, people think gov too large and more power should be given to the statesUnfunded mandates: the gov may pass and thing and not give it funding, so forcing states to find funding in order to enforce mandateContact with America: Passed by house republicans. 1994. Return power to the states and limited unfunded mandatesSpecific Powers of Congress: 27 powers outlined under article 1. Includes taxes, foreign trade, coin money, declare war, propose amendments, admit new statesImplied Powers of Congress: end of Article 1, elastic clauseWar Powers – Act of 1973: congress limited presidential ability to send troops without first consulting congressLimits on congressional power: checks and balances, states powerOrganization of houses: 100 senators, 435 house delegatesReappointment Act of 1929: each house senator represents approx. 570,000 peopleCongressional districts: look at census to appoint correct number of delegatesMembers of Congress: mostly lawyers or business men. Vote according to people they are representingTrustees: take peoples views into account but ultimately their choiceIncumbents: people in officeFranking privilege: use position in office to send mail to the peopleLeadership in House: Speaker of the house, majority floor leader (elected through caucus), minority floor leader (elected through caucus)Leadership in the Senate: president of the senate, president pro tempor – leader that has served the longestWhips: people that rally the senators on big votesCongressional committee: much work done here, appointed by seniority4 types of Congressional Committees: standing – permanent, select or special – temporary, created for specific issues, conference – looks at legislation passed by both houses, used to compromise. Joint – created from both housesSub-committees: look at specific legislation, can be more deliberation over controversial billsBill to law: bill in house – 5 minutes on floor. Senate – unlimited timeBill riders: small things that ride on bills that will likely passLogrolling: senators vote on each other’s billsPork-barrel legislation: benefit state from federal work ex. RoadsLobbyist: people paid to try to influence billsConstituents: people senators representPresidential action for bills – VetoPresidential powers: Article 2 of constitutionTreaty power: informal agreements with countries until congress passes themAppointment power: supreme court justices, confirmed by senatePatronage: become ambassador as reward for serviceLegislative: president can propose bills and has veto powerDelegation: pres deals with foreign and domestics affairs, has cabinetPresidential roles: state of union address, commander in chief, chief of state, head of exec dept, meets with congressWhite house office: president’s friends, chief of staff, personal lawyer, press secretaryNational security council: domestic and foreign affairs, military policies, Vice pres, secretary of defense, secretary of stateCouncil of Economic Affairs: economic policyCabinet: advisors to the presJudicial branch: Article 3State court system: superior courts handle criminal case at county levelState appellate courts: if defendant loses, case can appeal to panel of judgesState supreme court: overrule under courts. Federal court system: supreme court and 3 others created by congress. 9 supreme justicesDistrict courts: trial and appellate courts deal with specific area. Hear cases about breaking federal lawsCourts of appeal: second layer of courts. 13 covering the US called a circuit. 3 judge panelWrit of certiorari: request for review by supreme courtDocket: supreme court’s agendaAmicus foriae: friend of the court. Submits more arguments for a caseMajority opinion: precedent. Final decisionConcurring opinion: agreement with final decision but not with the rationale behind itDissenting opinion: oppose decisionStatutory interpretation: interpret of federal law in the strictest termsConstitutional interpretation: looks at when law was passed and whyLiving constitution: constitution is constantly changing and so should weJudicial restraints: conservative interpretation of the constitutionJudicial activism: less bound by precedent, encourage social change, liberal interpretation of constitutionPendleton Act 1833: created a process for federal hiringHatch act 1944: prohibited federal workers from running for officeFDR: welfare boomedDeregulation: federal gov loosens control so that local gov can control themIndependent agencies: CIA, NASA, Peace Corp. Created by congressRegulatory commissions: individual cabinet departments, run by pres appointed boards. Ex educationSchemes: set of beliefs people use to examine a specific subjectYellow journalism: emphasizing the sensational part of news ex tabloidsMuckraker: writers that expose political corruptionPentagon papers: classified docs about VietnamFederal communications commission 1934: equal time must be given to each political candidate. Removed in 1987. Bipartisan: across party linesNonpartisan: no party allegianceParty affiliation 1800: democratic republican – Jefferson, 1820: democrat – Jackson, Whigs=today’s democratsCivil War: Lincoln was with the republicans in the north (union)WW2: FDR democrat made lots of government programsGOP: grand old party1960s: shift to more republican form of gov with Nixon and ReaganThird parties: bull moose, states’ rights, American independence partyOne-issue parties: libertarians – end immigration, prohibition party, green party, reform party15th amendment: right to vote regardless of color19th amendment: women can vote26tht amendment: lowered voting age to 18 – VietnamPoll tax: abolished 24th amendmentObstacles to voting: literacy test, good character test, grandfather clause, residency requirementsExit polls: indications of the electionLitmus test: certain stances determine voting tendenciesOpen/closed primary: open – anyone can vote, closed – only members of that party can voteFederal election campaign act: limited how much and where from money can be spent on campaignsPresidential election: 538 electors in electoral collegeFree rider: people belong to group but don’t participate in themCivil liberties: rights all citizens haveCivil rights: protect citizens from discriminationSedition acts: illegal to say anything false about gov or officialsBill of rights: only protects citizens from federal gov, not the states14th amendment: due processLemon test: any law must serve a purpose, and it can’t be to inhibit or enhance religionSchneck vs US: speech can be limited if it imposes danger, no fighting wordsPrior restraint: can’t publish anything before its releasedLibel – written slanderSlander – spokenCompromise of 1850: California is free, no slave trade in DC, NM and Utah are territoriesDred Scott decision: Slaves are slaves even in free statesEmancipation proclamation: slaves are free in free areasBlack codes / Jim Crow laws: de jure segregationPlessy v Ferguson: separate but equalDe facto segregation: segregation based on housing and incomeWhite flight: white kids move to private schools to avoid segregationCivil disobedience: testing unjust laws by breaking themCivil rights act 1964: ended legal segregationVoting rights act 1965: banned literacy testsRadical violence: Malcolm x, black Muslims, black panthers. ALL blackProcess of public policy: agenda making, formulate and adopt, implement, evaluate and terminateDeregulation 1970s: regulation led to suppressed economy, led to monopoliesSocial welfare policy: cause/effect of povertyLyndon Johnson: created social programsGoals of economic policy: stable prices, full employment, economic growthLaissez-faire: hands off govKeynesian: gov should manipulate marketsMonetarism: control supply of moneyReaganomics: supply side economics, raise money by cutting taxesGramm/Rudman/Hollings bill: balance budget by reduced spendingTariffs: taxes on imported goodsRegressive tax: impact the poor, ex gas, sin taxCapital gains: tax on real estate or stockMonroe doctrine 1823: us would not interfere with European affairsIron curtain: soviet controlled countries after WW2Containment policy: stop spread of communismTruman doctrine: US to protect free peopleMarshall plan: give aid to western Europe to rebuild DĂ©tente: Nixon eased tensions with Russia which boosted tradeSALT1: eased relations with chinaDepartment of state: responsible for foreign policyPunch cards: voting system well known after 2000 electionProspective voting: person who votes based on what candidate says they will do in the futureHouse of reps: election decided by house should electoral votes equalDemocracy: A form of government in which the people (defined broadly to include all adults or narrowly to exclude women and slaves, for example) are the ultimate political authorityMayflower compact: 17th century – agreed to live under the colony’s recognized authority and wait for royal charterRhode Island: last state to ratify US constitutionMembers of congress receive payment from US TreasuryMinimum age for member of House of Rep: 25 — senate 30Administrative discretion: congress sets guidelines for gov agencies to followFilibuster: talk a bill to deathBill: piece of legislation proposed to congressLongest article in the US constitution: article 1 – details congressRetrospective voting: voting based on informed view of candidate’s political pastRepublicanism: advocates political party without monarchOligarchy: gov ruled by a few peopleDemocratic socialism: different from tyrannical socialism because it guarantees basic rights and free electionsAnti-federalist papers: written in opposition to ratification of US constitutionCommon Sense: written by Thomas Paine to rouse the public against the BritishMagna carta: established certain rights for British citizensDelaware: first state to ratify constitution, unanimous voteEarmarked: federal funds appropriated by congress for local projectsExecutive order: presidential directives that direct and create laws and policies within federal beau acracyArticle 1 – congress, 2 – president, 3 – courts, 4 – states, 5 – amending constitution10th amendment: all powers not delegated by the constitution are reserved for the statesAnarchism: opposition against any formal governmentIf president does not sign or veto a legislation within 10 days and congress remains in session, it becomes LAWPocket veto: president does not sign bill and congress adjournsGerrymandering: creation of a congressional district to ensure the election of someone from certain party or raceAgreements between US and foreign nation can be made by president but must have agreement of 2/3 of SenateSpeaker of the house: becomes president if both pres and VP are incapacitatedThird to succession: president pro tempore, fourth: secretary of stateDC v Heller: case of 2nd amendment, that amendment applies to individuals not just militiaEngel v Vitali: eliminated prayer organized by schools. *separation of church and stateBrown v board of education: required desegregation of schoolsDual federalism: federal and state governments operate in separate jurisdiction. 10th amendmentCivil rights Act 1964: outlawed discrimination, *interstate commerceRoe v wade: nullified state laws outlawing 1st trimester abortions. States still had authority to outlaw second or third trimesterNancy Pelosi: first female speaker of houseDe facto segregation: tendency of races to live in separate communities and attend different schoolsAmicus curiae: legal opinions submitted to the court by interested partiesMiranda v Arizona 1966: no individual shall be compelled to witness against himselfGag order: prevent jurors from hearing about a trial in media, imposed on journalistsMarbury v Madison: supreme court gives itself power of judicial review. Court can overrule congress is legislation is unconstitutionalSchenck v US: limited free speech, clear and present danger. Ex fire in a theaterProgressive tax: taxes increase as income increasesSeparation of power: executive, judicial, legislativeTreaty process: president makes, *congress approves with 2/3 majorityBenefit of high pres approval: encourages passing of laws supported by presForms of voting: paper, punch card, optical scan, electronicBarron v Baltimore: bill of rights only applied to federal gov, reference to 5th amendmentArticles of confederation v US constitution: constitution tries to correct problems with article’s limitations. Constitution grants additional powers, taxes, revenueDue process: cannot be imprisoned without fair trialSupremacy clause: Congress has power to regulate commerce, including waterways, supports growth over monopolies, federal outweighs state law4th amendment: protects against illegal searches. During national emergency, congress can delegate powers to the president. Ex FDR during great depressionEstablishment clause: prohibits US from establishing a national religionDixiecrat: southern democrats who switched to republican over the issue of desegregationImmigration control and reform act 1986: penalized employers who hire undocumented workersVolstead act: prohibitionSocial security: established during great depression, FDRLyndon Johnson: Medicaid, Medicare, head startDraft card: federal property, cannot destroy without facing punishmentExclusionary clause: evidence found in illegal search cannot be used against youCivil liberties: negative – limit gov power, positive – things gov must actively do to protect citizensVirginia plan: bicameral congressPaper currency: beurea of engraving and printingMilitary operation length: congress approves operations for 2 years at a time, can also – regulate army and navy, declare war, finance military operations, raise armyPolitical socialization: tendency of children to share political views with parentsNo congressional term limitHouse of reps – ability to legislate taxes because most accountable to the peopleFiscal duties of congress: collect taxes and import duties, borrow money, pay off nation’s debtBudget and accounting act of 1921: requires president to draft budget and seek congressional approvalElastic clause: allows congress to do whatever necessary but not explicitly stated in constitution. Inherent powers: powers claimed by pres but not explicit in constitution. Free exercise clause: freedom of religionCensus: every 10 years to allocate congressional seatsTerms: pres 4 yrs, senate 6 yrs, house 2 yrsIndependent regulatory commissions: removed from political concerns so they can achieve their goalsCongressional districts: redrawn often to give political advantage. Elect rep q 2 yrsSupreme Court rule of 4: 4 of 9 justices must accept a case (issue of writ of certiorari) for it to be reviewed. 5 of 9 must rule in oral arguments at 30 mins per sideMajoritarianism: gov should do what the majority of people wantArticles of confederation: agreement between the first 13 colonies. Served as first constitution. Adopted by first continental congress. Dumped after shay’s rebellion to give the gov more power. Can – regulate coinage and postage, regulate Indian affairs, declare war. Cannot – draft soldiers

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