What are the four sources of American law according to your text?
1. Common Law
2. Case Law
3. Statutes and Administrative Regulations
4. Constitutions
What is "Judicial Review"?
The power of the Supreme Court or any court to hold a law or other legal action as unconstitutional
When can a federal court hear a case?
1. Legal question decided differently by lower court
2. Lower court's decision conflicts existing Court ruling
3. Issue could have broader significance
4. Solicitor general pressuring Court to take case
What is the difference between a "Trial Court" and an "Appellate Court"?
Trial Court - The court in which most cases begin
Appellate Court - a court having jurisdiction to review cases and issues that were originally tried in lower courts
Is the Supreme Court mainly a trial court or an appellate court?
appellate court
How can a "Dissenting Opinion" in a Supreme Court decision be important?
because it often forms the basis of the arguments used years later if the Court reverses the previous decision and establishes a new precedent
What is the difference in the approaches of "Judicial Activism" and "Judicial Restraint"?
Judicial Activism - the supreme court should take and active role to check activities of governmental bodies
Judicial Restraint - supreme court should defer to the decision made by the elected representatives of the people
What is the difference between "Strict Construction" and "Broad Construction" in determining the constitutionality of a law?
Strict Construction - looks to the letter of the law
Broad Construction - tries to determine the context and purpose of the law
ESSAY #1
According to the Constitution, Congress has the right to "declare" war. This has been in conflict at times with the role of the President as Commander-in-Chief. Who do you think should be able to authorize military actions?
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ESSAY #2
Do you believe that members of the bureaucracy should be able to decide how to implement laws made by Congress? If not, who do you believe should interpret how to implement the laws?
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ESSAY #3
Do you believe that federal judges are truly non-political? Do you think that it is possible for someone to be completely unbiased when they are making policy
decisions? Would it even be desirable to have judges that ignore their personal feeling
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In the United States, where does the government derive its powers from?
ultimate authority rests with the people
What are the definitions of "Government" and "Politics"?
Government-preeminent institution through which decisions are made about the allocations of resources and conflicts are resolved
Politics-is the process of resolving conflicts and deciding who gets what, when, and how
Why did many people believe that we needed a new Constitution when the nation
was ruled under the Articles of Confederation?
The articles of confederation lacked the ability to raise funds for the militia by way of taxes.
Hard to maintain peace between states.
The US Constitution defines the nature of the national and state governments, but does it define the nature of the relationship between the government and individuals?
Yes specifically thru the bill of rights
Why was the Declaration of Independence seen as being necessary?
to be able to put forth causes that compelled the colonies to separate from Britain
What system did the founders create in order to keep the new national government from becoming too powerful?
system of checks and balances
What type of system did the founders create to regulate the relationship between the national government and state governments? (Unitary, Federal, or Confederal?) And how does that system divide powers among the two levels?
Federal
National Government powers are expressed and implied
State government powers are any power not given to the national government (reserved powers)
How does the Bill of Rights regulate the power of the federal government?
The first 10 amendments limit the powers over individual rights and liberties. It acts as a restraint on the government against the citizens
What Amendment to the Constitution grants freedom of expression and the right of assembly?
1st Amendment
What is the difference between Civil Liberties and Civil Rights?
Civil Liberties-personal freedoms that are protected for all individuals
Civil Rights-All the rights rooted in the 14th Amendment, guarantee equal protection under the law
What type of impact does the media have on public opinion?
1. agenda-setting effect
2. political forum for leaders and public
3. managing the news
4. influencing of political events
What is an interest group?
an organized group sharing common objectives who actively attempt to influence policy makers
What is a political party?
a group of political activists who organize to win elections, operate the government, and determine public policy
What is a "Party Platform?
a document drawn up at the national convention outlining policies, positions, and principles of the party
What is the basis of any democracy? (Free & Fair Elections)
1. A political system for choosing and replacing the government through free and fair elections.
2. The active participation of the people, as citizens, in politics and civic life.
3. Protection of the human rights of all citizens.
4. A rule of law, in wh
What branch of government did the founders believe should hold most power in the national government?
Congress
Is our Congress bicameral, or unicameral?
bicameral
According to the Constitution, who elects the President?
Electoral College
If no candidate for President receives a majority of electoral votes, who decides who the next President is?
The House of Representatives
What are the powers of the President as the Chief Executive, Commander-in-Chief, Chief Diplomat, and Chief Legislator?
1. Chief Executive - Executes the laws, grants pardons and reprieves, implement policy, supervise the executive branch of government, prepare executive budget for submission to congress, and appoint and remove executive officials
2. Commander-in-Chief - R
Under the 25th Amendment to the Constitution, who has the right to give presidential power temporarily to the Vice-President if they feel the President is unable to
fulfill their duties?
Majority of the cabinet and the VP
What is the President's Role in making the federal budget?
1. The President submits a budget request to Congress
2. The President signs each appropriations bill and the budget becomes law
What are "Executive Orders" and what effect do they have on policy and law?
Executive orders are a rule or regulation issued by the president that has the effect of law.
1. enforce legislative statutes
2. enforce the Constitution or treaties with foreign nations
3. establish or modify rules and practices of executive administrati
What is "Executive Privilege"?
The right of executive officials to withhold information from or to refuse to appear before a legislative committee
Who has the power to impeach the President? Who has the power to try the President on the charges of the impeachment?
The House of Representatives has the power to impeach the President.
The Senate has the power to try the President on the charges of impeachment.
Advice and Consent
Terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments
Appointment Power
The authority vested in the President to fill a government office or position, including the executive branch, federal judiciary, commissioned officers in the armed forces, and members of the independent regulatory commissions
Executive Agreement
international agreement made by the president, without senatorial ratification, with the head of a foreign state.
Veto
the power the president has to say no to legislation
What is the definition of a "Bureaucracy"?
A large organization that is structured hierarchically to carry out specific functions
What are the differences between a "Cabinet Department", an "Independent Executive Agency", and an "Independent Regulatory Agency?
Cabinet Department - One of the 15 departments of the executive branch
Independent Executive Agency - a federal agency that is not part of a Cabinet department but reports directly to the president
Independent Regulatory Agency - an agency outside the maj
What was the "Spoils System"?
The awarding of government jobs to political supporters and friends
What is the "Merit System" and how has it helped create our professional civil service?
promotion of government employees based on competitive examinations.
What controls does Congress have on the bureaucracy?
creates agencies, authorizes money, statutory requirements of agency behavior, approves appointees, agencies cannot exist without congress
What are "Common Law" and "Precedent"?
Common Law - judge made law that originated in England, decisions were applied to similar situations and gradually became common to the nation
Precedent = a court rule bearing on subsequent legal decisions in similar cases. Judge relies on precedents in d