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govt 2305 test 2
govt 2305
Question | Answer |
---|---|
we have what kind of legislator? | Bicameral |
2 houses in the result of the ______ __________ | the great compromise |
senate represents | the states |
house represents | the people |
how many voting members in the house? | 435 |
the department of commerce conducts whjat? | the census |
the state legislators draw up the ___________ ___________ | Legislative district |
1962 baker v. carr | unequally districts were unconstitutional maltutional (bad district) violated the 14th amendment |
Westberry v. sanders 1964 | one person, one vote |
what are the requirements to be a member of the house of reps | atleast 25 us citizen for 7yrs resident of the state where you are elected |
what disqualifies you from running for the house | 14th amendment tells us if after taking the oath of office; the engagement in rebellion against the U.S. 2/3 vote only 5 ever kicked out |
members of the house serve __ yrs and elected how many times? | 2yrs and no limit to be elected |
the speaker of the house presides over who? | the house |
the house of reps picks who? | the speaker |
4 reasons the speaker is powerful | 1. assigns people to committees 2. assigns bills to committees 3. they get to interpret house rules 4. call on people to speak |
what two people are below the speaker? | majority party leader and the minority party leader |
what is the job of the majority and minority party leaders? | to make sure the party does what it is supposed to |
party whips | aid to the party leaders |
who elects the senators? | the people |
what are the 3 requirements to be a senator? | - 30yrs old - resident of the state elected in - 9yrs u.s. citizen (senate serves 6 years staggered terms) |
what is the job of the Vice president? | resides over the senate |
what is the job of the president pro temp in the senate? | resides over the senate if the VP isnt there |
What 3 things can the house do that the senate cannot do? | 1. house will pick the presidents if electoral college cant 2. impeach elected officials 3. all spending bills start in the house (in the house all bills are timed) |
What 5 things can the senate do that the house cannot do? | pick vice president if electoral college cant try and impeach officials ratify treaties confirm presidential appointment filibuster (in the senate they have to vote to break debate) |
what is a filibuster? | hold the floor and keep talking to hold the floor to keep the senate from voting to end debate. |
what is a cloture vote ? | to end a filibuster, requires 60 senators |
what is a standing committee? | most powerful in congress, permanent subject matter committees. |
what is a select committee? | temporary subject matter committee in congress |
what is a joint committee? | composed of members in both the house and the senate. lets them talk in congress |
what is a conference committee? | they work out the differences in a bill between the house and senate |
The franking privilege | mail for free (perk of being in congress) |
gerrymandering | dividing states in districts for voting |
Marbury V. Madison | appointment of federal judges. whether marbury should be a federal judge or not. judicial review |
McCulloch V. Maryland | whether or not federal govt could make banks |
Givens V. Ogden | interstate commerce |
Scott V. Sandford | dred scott decision; slaves are property no matter where they are |
Bradwell V. Illinois | They refuse to give Bradwell the lawyer test bc she is a women |
Minor V. Happersett | minor goes to vote they turn her away |
Nix V. Hedden | Is a tomato a fruit or a veggie. supreme court says that in purpose of commerce tomato is a veggie so they can tax it |
Plessy V. Ferguson | Separation but equal, but not equal |
Buck V. Bell | sterilizing of the mentally impaired |
korematsu V. U.S. | internment camps in the U.S. |
Brown V. the Board of Education | end segregation in schools |
Getting V. Wainwright | right to attorney if you cant afford one |
Miranda V. Arizona | Miranda Warning |
U.S. V. Nixon | Watergate scandal; executive privilege |
Bush V. Gore | Recount in the state of Florida |
Minersville V. Gobitis | Flag saluting. students religious rights in public schools protected by the 1st amendment |
Griffin V. Prince Edward county Virginia | ordered schools to be reopened and vouchers to attend private school constitutionally impermissible |
What are the four primary sources of law in the U.S. | Constitutional Statutory Administrative Case |
What is constitutional law? | Law under the constitution |
What is statutory law? | Law created by the legislative branch |
What is Administrative law? | Law created by the governmental agencies |
What is Case Law? | Law created by the courts |
what are the 2 types of laws? | Criminal and civil |
What is criminal laws? | Between society and the individual; violated norms of society and society wants punishment |
What is civil laws? | between two individuals |
what is a plaintiff? | the person doing the suing in a court case |
What is a defendant? | The person getting sued in the court case |
In order to bring a case to court it must be a what? | Judicial dispute |
we have a what kind of judicial system in the U.S.? | Dual Judicial system (state and federal courts) |
what is Juristrisction? | the authority to hear the case |
why is the judicial branch called the 3rd branch of govt? | bc its found in article 3 of the constitution |
Judicial branch... | -Members are there for life and cant take pay cut -powerful bc they interpret the constitution |
What is Judicial review? | The judicial branch can amend the constitution to make it say what they want it to, to win a case |
courts of original jurisdiction | where the court is heard the first time. trial case |
courts of appellate jurisdiction | determine whether or not it was a fair trial |
What are the three levels of the federal court system? | U.S. district courts U.S. courts of appeals Supreme court |
U.S. district courts | Courts of original Jurisdiction, every state gets one |
U.S. courts of appeals | 13 of them. review to make sure fair trial |
supreme court | only mentioned one mentioned in the constitution |
How many requirements to be a federal judge? | NONE |
How many people of the supreme court according to the constitution | NO SET NUMBER |
Why the supreme court is unique? | -Picks the cases it wants to hear - Has both original and appellate jurisdiction - each side gets 1/2 an hour to state case |
Opinion of the court | the way the court rules |
concurring opinion | agree they own it but for these reasons |
dissenting opinion | written by a judge that disagrees |
Judicial Activism | they should engage of checking powers of executive and legislative branch |
Judicial Restraint | They should only get involved when unconstitutional |
Strict Constructionist | have strict interpretation of the constitution |
Modernalist | believes the constitution is changeable |