Electoral College Flashcards
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The Electoral College is a compromise between what 2 plans and what parts of these plans?
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Virginia Plan (president elected by the congress) and the New Jersey Plan (president elected by voters)
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What is the reason for why the electoral college was made?
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\"founding fathers\" did not trust the people to make the correct decision
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Who chooses electors to meet and elect our president and Vice President?
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We do
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How are the electors chosen?
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popular vote
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How do you find the number of electoral votes in each state?
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# of representatives in the house + # of senators
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Does the # of representatives in the house change?
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Yes
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Does the # of senators change?
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no
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How many senators does each state have?
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2
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How do the electors vote?
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Votes 1 time for president and 1 time for Vice President then they are signed and sealed and sent to the president of the senate
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How do you find the # of total electoral votes?
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435 (house) + 100 (senate) + 3 (Washington D.C.)
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How many total electoral votes are there?
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538
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How many electoral votes does a candidate need to win?
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270
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To win, a candidate needs a _________.
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majority
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What determines which candidate receives all the electoral votes in each state?
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Popular vote
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What is the other plan used in deciding who gets all the electoral votes from that state?
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District plan
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How many states and which ones use the district plan?
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2 states use this plan. They are Nebraska and Maine.
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What happens if no candidate wins the majority of the total electoral vote?
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The election goes to the house of representives
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How does the House of Representatives elect the president?
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They choose a president from among the top 3 candidates in the electoral college then each state delegation has 1 vote and it takes a majority of 26 to elect
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What happens if the House of Representatives fails to choose a president by January 20th?
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The 20th amendment says that the Vice President shall act as president until a choice is made.
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How could the # of representatives in the House of Representatives possibly change?
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The census is taken every 10 years
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What happens if no candidate receives a majority of the votes for Vice President?
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The senate decides between the top 2 candidates
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How many votes does each senator get?
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1
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It takes a ________ of the ______ _________ to elect
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majority whole senate
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What is the 1st major problem with the electoral college?
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The winner of the nationwide popular vote is not guaranteed the presidency.
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Give an example of this happening
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In 2004 Al Gore received 500,000 more votes than George W. Bush, but Bush won the election
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What amendment fits best with Bush v Gore election?
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14th amendment-equal protection clause
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How presidents have won with less than a majority of the popular vote?
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15
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What is a plurality mean?
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They won the most, but not the majority
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What is the 2nd problem with the electoral college
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Electors are not required to vote in accord with the popular vote
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What has never made an effect on the outcome of an election, but has the potential to?
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\"faithless electors\"
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What is the 3rd problem with the electoral college?
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Any election might have to be decided in he House of representatives if no candidate receives a majority of the electoral votes
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Name 3 ways this could happen?
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It could happen by a 3rd party candidate receiving some of the votes, a tie, or faithless electors
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Which one of these is the most uncommon?
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a tie
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What is different about the election being decided in the house than normally
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voting is by state, not individuals
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How many votes does each state get?
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1
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In this process what is required for the candidate to win?
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has to win 26 states
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How could a state possibly loose it's vote in this process
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If the state's vote ties
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What is the district plan?
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The winner of the popular vote in each district gets 1 electoral vote, then the overall winner of the state popular vote gets 2 more electoral votes
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What 2 states use this plan?
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Maine and Nebraska
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What is the proportional plan?
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Each candidate would receive the same % of electoral votes that they got of the popular vote
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What is the nationwide popular vote?
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The person with the most votes wins
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Why would the nationwide popular vote require a constitutional amendment
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It would eliminate the electoral college
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Why is the nationwide popular vote plan unlikely to happen?
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The republicans and democrats don't want to make it easier for a 3rd party candidate to win
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What is the national election plan?
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Each state would award all of it's electoral votes to the winner of the nationwide popular vote
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What would the total electoral vote look like in the national election plan
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538-0
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Is the electoral college used in the national election plan?
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yes
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who won the election in 1800?
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Thomas Jefferson wins 9-7
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What amendment did this create?
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12th
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What is the 12th amendment?
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electors vote separately for president and Vice President (2 different ballots)
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Civil Liberties
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our protections from the government taking away our rights, such as, free speech, voting rights, and trials
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Civil Rights
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The government taking positive steps to make sure that all people have the same rights, such as non segregation and voting rights
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What 2 acts fall under the civil rights category?
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~Civil Rights act-1964 ~Voting Rights act-1965
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1st amendment
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~you can practice any religion you want ~freedom of speech ~press is allowed to print anything ~you can peacefully assemble/protest ~you are allowed to tell the government something is wrong/something needs to be corrected
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14th amendment
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~Process of incorporation, \"no state should deny anyone their due process of law.\" ~S.C. tells the state that the states must include the right in their states.
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Role of the 9th amendment
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There are other rights reserved to the people besides the ones in the constitution
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Name 2 examples of rights reserved to the people, that are not listed in the constitution
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1) a person will not be tried on the basis of evidence unlawfully gained 2) right of a woman to have an abortion, without undue interference by government
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What is the establishment clause?
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The separation of religion and government
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what analogy is used to refer to the establishment clause?
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Thomas Jefferson's \"wall of separation\"
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What is the free exercise clause?
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A person has the right to believe in matters of religion and practice whatever religion they want
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What does the free exercise clause not give anyone the right to violate?
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criminal laws, offend public morals, and threaten the safety of the community
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Libel
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written damage to someone
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Slander
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spoken damage
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Obscenity
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~Material that violates community standards ~Material that is not of any important value
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Prior Restraint
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The government cannot curb ideas before they are expressed
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Symbolic Speech
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Using symbols to represent speech
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Name an example of symbolic speech
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Carrying around signs or wearing an armband
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Commercial Speech
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Commercial Speech is speech for business purposes (advertising)
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Espionage
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to spy on your country
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Sabotage
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to take over something
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Treason
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to take up arms to invade your enemy, most damaging
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Sedition
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A crime of attempting to overthrow the government by force or to disrupt it's lawful activities by violent acts
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Freedom of assembly
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The individual right or ability to come together and collectively express, promote, pursue, and defend their ideas
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Freedom of petition
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the right to ask the government for change
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What is the free exercise clause?
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A person has the right to believe in matters of religion and practice whatever religion they want
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Name 2 examples of rights reserved to the people, that are not listed in the constitution
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1) a person will not be tried on the basis of evidence unlawfully gained 2) right of a woman to have an abortion, without undue interference by government
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Police power
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Power given to the states by the Federal Government to promote the safety and well being of its citizens
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What is due process of law?
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The process that is due to you is fair, reasonable, and consistent
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What is substantive due process?
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the substance of the law itself violates due process
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Give some examples of S.C. cases that are substantive due process of law
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Texas v Johnson, Tinker v Des Moines, Plessy v Ferguson, Brown v Board of Education of Topeka, Pierce v Society of Sisters
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What is procedural due process?
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the actions of the government violated the due process
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Name some examples of S.C. cases that are procedural due process?
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Gideon v Wainwright, Miranda v Arizona, Rochin v California
