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Govt. Exam 3
Chapters 3, 5, and 6; Federalist 51
| Question | Answer |
|---|---|
| Separation of Powers | A way of dividing the power of govt. among the legislative, executive, & judicial branches, each staffed separately, with equality and independence of each branch ensured by the Constitution. -Spreading the power so its not all concentrated in one place |
| Theoretical basis for checks and balances | The power of each branch could be used to check the powers of the other two branches of govt. The creation of this system allowed the Framers to minimize the threat of tyranny from any one branch. |
| Interpreting the Equal Protection Clause - Strict scrutiny | Presume the law is unconstitutional -fundamental rights -suspected category(race, ethnicity, national origin) |
| Interpreting the Equal Protection Clause -Intermediate scrutiny | -Law might be unconstitutional -Whats the objective? -is the distinction (gender) substantially related to the objective? --Men should have to register for the draft - women don't have to --Men pay more for car insurance |
| Interpreting the Equal Protection Clause -Rational basis | -Presume the law is constitutional -is there a good reason for this distinction(all other categories)? -Discrimination against pilots over 65 --Its unsafe for them the older they get. |
| Ways to deny citizens the right to vote | -Grandfather Clause -"White Primary" Political parties as private clubs -Paying a poll tax -Cumbersome registration procedures(make certain time they can register to vote and the never be available) -physical and economic intimidation -Literacy tests |
| Political equality | Gaining the right to vote -15th Amendment - any race has the right to vote -19th Amendment - any gender -24th Amendment - Prohibits poll tax -26th Amendment - 18 or older can vote. |
| Affirmative action | Policies designed to give special attention or compensatory treatment to members of a previously disadvantaged. -Reverse discrimination is not okay. |
| Equality of results | Everyone is going to get the same thing - or the winner will be picked |
| Equality of opportunity | Everyone has the same chance. |
| Civil disobedience/nonviolent direct action | Willingness to be punished for braking a law that you think is unconstitutional. example: Rosa Parks not sitting at the back of the bus. |
| Civil Rights | The government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals. |
| Civil War amendments | -13th Amendment - Abolish slavery -14th Amendment - Due Process, equal protection -15th Amendment - Voting regardless of race |
| “Jim Crow” laws | Laws enacted by southern states that required segregation in public schools, theaters, hotels, and other public accommodations. |
| Equality issues for age and immigration status | -Age discrimination in employment act - protects people over 40 from losing their job. -cant deny illegal immigrant child public education because their parents brought them here illegally. |
| Equal Pay Act of 1963 | Must pay people the same amount of money - man or woman. |
| Civil Rights Act of 1964 | Cannot discriminate against race, ethnicity, gender, age, and sexual orientation. |
| Voting Rights Act of 1965 | Enforcement of voting rights |
| Title IX | Provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students. |
| De jure segregation | Racial segregation that is a direct result of law or official policy. -segregation by law |
| Equal protection clause | Section of the 14th Amendment that guarantees that all citizens receive "equal protection of the laws." |
| Reverse discrimination | Discriminating against the race that historically discriminated |
| Americans with Disabilities Act | -Helps dyslexics get longer time on tests -protects a deaf person when he is looking for a job, you cant not hire him just because he is deaf. |
| Supremacy clause | Portion of Article VI of the U.S. Constitution mandating that national law is supreme to (that ism supersedes) all other laws passed by the states or by any other subdivision of government. |
| Enumerated powers | Seventeen specific powers granted to Congress under Article I, section 8, of the Constitution. |
| Federalism | System of government where the national government and the state governments share power, derive all authority from the people, and the powers of the government are specified in the Constitution. "We the people..." (Preamble) |
| Confederalism | Type of government where the national government derives its power from the states; a league of independent states. "...we the undersigned delegates of the states" -Preamble, Article if confederation - Civil War |
| Unitary | System of government where the local and regional governments derive all authority from a strong national government. "The legislature shall have the power to create counties for the convenience of the people" -Article IX, TX Constitution |
| Devolution | the transfer of power or authority from a central government to a local government. |
| Block grants | If a state identifies a problem, the govt. will give the state money and the state has to decide how to fix the problem and use the money. This gives the state more power, but the govt. will give the state less money the in a categorical grant. |
| Categorical grants in aid | The govt, identifies the problem and then the govt. picks the solution and funds it. |
| State centered federalism | states had more power Doctrine of Nullification: believed that if state didnt like national law, didnt have to follow it Compact Theory of Fed: states are in this toget her and must have final right |
| Dual Federalism | both states and national gov had power |
| Cooperative federalism | states get a little more power, but national has most power? |
| New Federalism | |
| Progressive Federalism | power from national handed back to state Obama administration |
| Texas response to federalism | |
| Interstate Commerce | states trading other states any indiv business that AFFECTS int commerce is engaged in interstate commerce |
| Fiscal Federalism | buying power with money national hold power over states with money |
| Pre-emption | Federal government takes over an area previously was concurrent power; states lose authority |
| Mandates | direct order from federal to state; either be unfunded or partial or total funded |
| Mandated insurance covered | if you dont want to pay for a part of insurance than we will take all the national government money away and you can pay for all the insurance |
| Apportionment | dividing seats |
| Redistricting | Re-drawing boundary lines for districts |
| Gerrymandering | drawing boundary lines for districts |
| Partisan gerrymandering | legal; draw lines to favor re-election of current president |
| Affirmative racial gerrymandering | legal; draw lines that favor someone from minority to be elected |
| Minority opportunity districts | giving minorities an opportunity to be elected by having districts drawn to favor minorities |
| Packing | |
| Splintering | |
| Pairing | pairing 2 incumbents to run against each other |
| Seats in the Texas House of Rep | 36 |
| Bicameral | 2 house legislator |
| Standing committee | permanent committees; consider legislative; bills |
| Joint Committee | comes from house and senate |
| Conference committee | temporary; created to create single bill when cant decide |
| Select committee | temporary; created for specific problem |
| Constituents | people you are voting for |
| Incumbent | person who is elected |
| Casework | helping constituents |
| Franking Privilege | free mail |
| Trustee theory | they voted for me, so they put their trust in me to make my own decision. I will vote for what I think is right, not necessarily what the people want me to do |
| Instructed delegate theory | You elect me into office, I vote how you would want me to |
| Lawmaking in Congress | Article 1, where tax bills originate |
| Budget in congress | Article 1, Sec 9 no money without congress approval |
| Oversight in congress | Implied; how they are using the power |
| Investigation in congress | Implied; hearings and trials |
| Impeachment in congress | Art 1, sec 3 |
| Advice and consent in congress | Art 2, sec 2 only do something if Senate approves |
| Senatorial courtesy | A process by which presidents, when selecting district court judges, defer to senators in whose state the vacancy concerns |
| Implied powers/necessary and proper | Any delegated or enumerated power and necessary and proper clause -Congress probably has the power. |
| Reserved powers | a political power that a constitution reserves exclusively to the jurisdiction of a particular political authority. |
| Growth of federal government powers | Necessary and Proper Clause -The nation bank was allowed because it was a necessary and proper clause for borrowing money |
| Advantages of federalism | Divides the power - keeps power from becoming too concentrated in Unitary or too un-consentrated in con-federal Increases participation - the people are selecting who is in the office. -Better for geographically large countries |
| Disadvantages of federalism | It maintained de jure segregation segregation according to state law NIMBY - Not in my backyard State law inconsistant with federal policy - in Colorado and California its okay to smoke marihuana for medical uses. |
| Compound republic | The power is divided between 2 distinct levels of govts-national &state. each portion of power is then subdivided among distinct & separate departments, the different levels of govt& departments can check& control each other (Federalist 51) |
| Fisher v UT | should race be factor at all when determining who gets in to schools? |
| Gibbons v Ogden | commerce includes everything Art I |
| Texas v White | White has bonds and Texas says they are theirs cannot secede from Union Art III |
| McCulloch v Maryland | created 2nd national bank; they wanted the bank to pay property taxes but national said they didnt have to Art I Necc and Proper Clause, Art VI |
| Baker v Carr | one man, one vote need to make the population equal within districts |
| Perez v Perry | Texas added 4 districts but none of them were minority districts |
| Dred Scott v. Sandford | Slaves are property not people, therefore neither they nor their descendents can ever be citizens. -Court says, no, you are not a citizen- you are property and so are your descendents. -later found unconstitutional. 14th and 15th Amendments. |
| Plessy v. Ferguson | Seperate but not equal (de jure segregation) -train has black and white car -Plessy was 1/8 black and got on the white car. he got mobbed. He challenged the law but found that it not not violate the equal protection clause of the 14th amend. |
| Brown v. Board of Education I | Separate but equal is inherently unequal. What school was right across the street but Brown had to walk 20 miles to her black school. Schools were very similar except for location. Violates 14th Amend. |
| Brown v. Board of Education II | Desegregate with all deliberate speed. Took a long time for this to actually become a law, 10-15 years. |
| 13th amendment | abolishes slavery |
| 14th amendment | due process and equal protection clause |
| 15th amendment | voting regardless of race |
| 19th amendment | voting regardless of gender |
| 24th amendment | eliminated poll tax |
| 26th amendment | lowered voting age to 18 |
| Regents of the U. of California v. Bakke | A sharply divided Court concluded that the university's regection of Bakke as a student was illegal because the use of strict affirmative action quotas was inappropriate. - "set-asides" are not okay. 14th amend. |
| Hopwood v. Texas | -The "Top 10% Rile" was wait listed - then got in 2 days before class started. She did not get to go because she could not make arrangements in time. UT was giving out bonus points to different races. 14th Amend. |
Created by:
aubrie.miller21
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