PS101 – Flashcards
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How does power given to national governments compare in unitary, federal and confederal systems?
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National governments have the most power in unitary systems, followed by federal systems and then confederal systems.
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Political scientists today see federalism as
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A partnership between the national and state governments in which federal government is the dominant power.
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One of the disadvantages of American federalism is that
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It permits local prejudices to find their way into state and local law.
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Two trends evident in the development of American federalism throughout history are
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The expansion of American government in general and the gradual strengthening of the federal government.
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One reason for the growth of the national government's power and influence has been
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heightened expectations and demands placed on the federal government.
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The New Deal increased power of the federal government in regard to
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business and the economy.
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The federal government has been able to use categorical grants to coerce states into doing what it wants most of the time because
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states have become financially dependent on this aid.
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Unfunded mandates are popular with many members of Congress because they
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do not affect the national debt
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Among the consequences of federalism are all of the following EXCEPT that it
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creates a more uniform environment for business activity across the country.
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The congressional abilities specifically listed in Article I, Section 8, are called the
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enumerated powers.
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The president's role as ____ has become much more prominent since Franklin Roosevelt's tenure.
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head of government.
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Many observers have concluded that impeachment is not an effective check on presidents because
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the process is too crippling for the government because Congress and the president would be consumed with the impeachment trial.
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As commander in chief, the president,
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serves as the civilian head of the military.
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Pacts made by the president with another head of state that do not require Senate approval are called
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executive agreements.
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What is true about the President's veto power?
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Congress is generally unsuccessful at overturning veto, Presidents use the veto more frequently when their party does not control Congress and George Bush was the third president not to veto a bill in his first term
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What is true concerning the president's judicial power?
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his power is weak in the short run, he can have tremendous long-term impact on the judiciary, can try to influence judiciary by having solicitor general argue cases before the court.
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Inherent powers
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presidential powers not explicitly stated in the constitution
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The authors of this textbook argue that the fate of the presidency of George W. Bush illustrates
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the fact that presidents do not have enough power to fulfill their promises and match public expectations
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Power to persuade
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The ability of the president to convince Congress and political leaders to cooperate with his agenda is called the
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The cycle effect refers to the tendency for presidents to
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the predictable rise and fall of a president's popularity over the course of their presidency
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Early colonists came to America
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for a wide range of economic and political agendas as well as for religious and philosophical reasons
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Describe the distribution of power during the founding period?
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The nation was comprised of competing elites.
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Prior to the American Revolution, women in the colonies
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could vote in some colonies if they met the property qualifications and there were no voting males in their households.
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The major weakness of the Articles of Confederation was that
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it failed to empower the national government
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Under the Articles of COnfederation the rights and obligations of citizens were
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determined by each state constitution
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Describes the contradiction within the new citizenship of the early American republic
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A belief in citizenship conferring equal rights but the unavailability of this citizenship to a major portion of the population
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The federalists believes that the human tendencies toward ambition and corruption should be dealt with by
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creating institutions that made use of those characteristics to produces good outcomes
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In Federalist no. 51 what government structure did James Madison recommend to ensure ambition be made to counteract ambition?
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separation of powers among the branches of federal government
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Originally, Federalists had argued against a bill of rights because they
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thought that to list the powers government did not have implied that it had all other powers
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The founders adopted a federal system
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as a compromise between those who wanted a strong central government and those who wanted to retain strong state governments
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What was the Supreme Court's decision in Barron v Baltimore?
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The Bill of Rights did not restrict the actions of state governments
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According to incorporation doctrines
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the due process clause requires states to abide by provisions in the bill of rights
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The establishment clause
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prohibits the adoption of an official national religion
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The constitutional doctrines that government cannot prohibit free speech or publication before the fact is called
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prior restraint
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The direct incitement test allows government to limit speech
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that is intended and likely to result in imminent lawless action
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What are some enumerated First Amendment freedoms?
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religion, speech, assembly, petition
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According to varios Supreme Court decisions regarding the fourth amendment, what can the police search without a warrant or consent?
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a person being arrested
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The standard that illegally seized evidence cannot be used at trial is known as the
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exclusionary rule
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When can someone be tried twice for the same offense?
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never
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What is an example of a legally obtained confession?
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a confession obtained from police questioning after the accused was read her miranda rights
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Elections perform all of the following functions
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selecting leaders, making political outcomes acceptable to the participants, containing conflict, informing the public
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In recent presidential elections voter turnout has been
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rising
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The primary impact of state voter registration laws has been to
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decrease turnout
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A party's effort to inform potential voters and persuade them to vote for that party is known as
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voter mobilization
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The single biggest factor accounting for how people decide to vote is
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party identification
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Front-loading is the process of
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scheduling presidential primaries earlier in the primary season
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The constitution dictates that each state has what for electoral votes?
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one elector for each senator and representative
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ALl of the following statements concerning the electoral college are true:
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critics argue that the electoral college is undemocratic, that close election could be decided by a few faithless electors, distorts candidates' campaign strategies, all of the proposed alternatives have problems as well
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For candidates the goal of the presidential campaigns is to
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mobilize their base and entice swing voter to vote for them
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Swing voters are
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people who have not made up their minds at the start of the campaign
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The procedural character of equality for Americans causes them to argue that equality should be measured as
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equality of opportunity
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Which of the following statements is true regarding political culture and ideology?
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political culture unites us whereas political ideology divides us
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The major disagreement among Americans on the ideological economic dimension is over
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how much the government should become involved in modifying the effects of the free market
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Social conservatives believe
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use of government power to encourage and protect traditional family roles
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In the US, more americans are ideologically
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centrists
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Why do many Americans find it difficult to identify themselves as a conservative or liberal?
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because they consider themselves a liberal on some issues and a conservative on others issues
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LIberterians would oppose the following uses of govt
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increasing social equality, managing the economy, reducing immoral behavior, increasing American involvement in spreading democracy around the world
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the membership of the Republican Party currently includes the following groups
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traditional republicans, the religious right, former southern democrats, moderate republicans
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the religious right believes in ___ whereas traditional republicans believe in ___
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more regulation of individuals' lives for the social order, less regulation of individual's lives
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the American political values that favor individual rights and fair procedures
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closely resemble what james madison intended with a "republican government"
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Who gets what, when and how refers to
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politics
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Social order
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a particular view of how we ought to organize and live our collective lives
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power
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the ability to get people to do what you want
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government
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described as a system for exercising authority over a body of people
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authority
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power that is recognized as legitimate
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Rules/who, what, how?
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the how
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Institutions
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organizations where government power is exercised and where political struggle takes place
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Procedural guarantees
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government assurances that the rules will work smoothly and treat everyone fairly, with no promises of particular outcomes
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Substantive guarantees
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government assurances of particular outcomes or results
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Participatory democracy
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theory of democracy that holds that citizens should actively and directly control all aspects of their lives
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common law tradition
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The legal system that is applied uniformly and based on the accumulated rulings of judges over time
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Stare decisis
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latin term that refers to the practice of relying on precedent
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Adversarial system, the winning side is likely to be
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the one with the most skilled attorney
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Civil law
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law that regulates relations between individuals
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Constitutional provisions
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only limitation on what statutes may do in the American system is found in
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Judicial review
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power of the courts to determine the constitutionality of laws
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What helps determine which court has jurisdiction
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involvement of federal statutes, treaties or constitution, how serious an offense is involved, parties to the case, where the case arose
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Lower court decisions
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the SC overturns the lower court's ruling in about 70% of cases, SC has discretion as to whether to accept and appeal, refusal to hear an appeal by SC may mean it agrees with the lower court or that it considers the case frivolous
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How is the US Court of Appeals arranged?
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in twelve circuits cover the DC and states
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Dual court system
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most cases are heard in the state courts
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Two major roles of members of Congress
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lawmaking and representation
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Constituency
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the voters in a district that elect a representative
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Congressional oversight
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a congressional committee's investigation of the executive and of govt agencies to ensure they are acting as Congress intends
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Differences between House and Senate
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length of terms, size, role in impeachment
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Checks and Balances Congress can use on Executive branch?
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approve treaties, approve presidential appointments to federal courts, congressional oversight
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Congressional check on judiciary
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set up lower federal courts, accept or reject president's noms to courts, legislation that limits judges' discretion in imposing sentences on criminals
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Why does the leader of the SEnate have less formal authority than the speaker of the house?
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majority leaders deals with a smaller chamber and any senator may speak or offer amendments at any time
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most of the hard work of considering legislative alternatives and drafting legislation occurs
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within congressional standing committees
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Most bills introduced in Congress
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die by inaction at the committee stage
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The legislative agenda is influenced strongly by
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the policy proposals of newly elected presidents, well-publicized events that bring a problem to national attention, a member's willingness to invest time and resources in pushing a proposal
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laissez fiare capitalism
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an economic system in which the market makes all decisions and the government plays no role
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pluralist
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a theory of democracy that holds that citizen membership in groups is the key to political power
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Common Sense
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1776 pamphlet by Thomas Paine that persuaded many Americans to support the Revolutionary cause
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Anti-Federalists
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advocates of states' rights who opposed the Constitution
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confederation
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a government in which independent states unite for common purpose, but retain their own sovereignty
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constitutional convention
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the assembly of fifty-five delegates in the summer of 1787 to recast the Articles of Confederation; the result was the U.S. Constitution
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Federalism
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a political system in which power is divided between the central and regional units
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Federalists
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supporters of the Constitution who favored a strong central government
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Great COmpromise
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the constitutional solution to congressional representation: equal votes in the Senate, votes by population in the House
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Shay's rebellion
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a grassroots uprising (1787) by armed Massachusetts farmers protesting foreclosures
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The Federalist Papers
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a series of essays written in support of the Constitution to build support for its ratification
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3/5 compromise
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the formula for counting five slaves as three people for purposes of representation that reconciled northern and southern factions at the Constitutional Convention
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concurrent powers
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powers that are shared by both the federal and state governments
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Dual Federalism
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the federal system under which the national and state governments are responsible for separate policy areas
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Gibbons v Ogden
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Supreme Court ruling (1824) establishing national authority over interstate business
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McCulloch v Maryland
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Supreme Court ruling (1819) confirming the supremacy of national over state government
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Necessary and Proper Clause
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constitutional authorization for Congress to make any law required to carry out its powers
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Nullification
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declaration by a state that a federal law is void within its borders
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Supremacy Clause
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constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the supreme law of the land
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Why is government necessary?
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Keep the peace (police), common defense (military), establish justice (courts, secure liberty and promote general welfare
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Legitimate government
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must possess authority to compel citizens to pay taxes and obey the law (revenue and coercion)
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Liberties
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what government cannot do
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Rights
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what government must do
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SEven Year War
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Acts/new taxes that eventually led to the American Revolution
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Mercantilism
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economic theory in Europe from 1500-1700s, led to colonizations
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Sam Adams
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organized sons of liberty, committees of correspondences, authored rights of colonists, called fro separation from Britain
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What did the Boston Tea Party result in?
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Intolerable Acts-closed, port, dismantled local govt, criminal trials removed to England, restricted movement, quartering
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Which colony did not attend First Continental Congress?
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Georgia
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When did the First Continental Congress happen?
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Philly/sept 5-Oct 26 1774
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What happened with the Second Cont. Congress?
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INcreased hostility to Britain, appointed washington as CINC, Thomas Paine Common Sense, Richard Henry's resolution
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What did Richard Henry's resolution do?
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Called for independence from Britain
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Declaration of INdependence
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July 4, 1776, Committee of five-Ben Franklin, John Adams, Robert Livingston, Roger Sherman, Thomas Jefferson
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What was the Declaration of Independence based on?
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Two treatise of government by John Locke
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What were problems in articles of confederation?
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lack of nationalism, couldn't help economic turmoil lack of strong natl government, no provision for judicial system
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Shay's rebellion
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led to constitution being ratified in 1787-main point being federalism
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What are the 5 principles of American Government?
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Federalism, Social COntract, Limited Government, Separation of Powers, Protect liberties and rights
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Dred Scot v Sanford
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declared Missouri Compromise unconstitutional, congress lacked authority to ban slavery in the territories
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What did the 13, 14 & 15 amendments do?
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prohibited slavery, granted civil and political power to blacks
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16th amendment
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authorized congress to enact a national income tax
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17th amendment
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senators directly elected by the people, removed their selection from state legislators
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Marble layer cake federalism
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Each layer national and state had clearly defined powers
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Incorporation doctrine precedents
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gitlow v new york, near v minnesota,
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Gitlow v NY
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socialist who wanted to overthrow govt does punishing advocacy for overthrowing constitute 1st amendment violation-can forbid if dangerous, clear and present danger
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Near v Minnesota
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published scandal sheet, attacked officials, does gag law violate free press-yes, protection against prior restraint at heart of 1st amendment-state must show overwhelming reason
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Jeffersons wall of Separation letter
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don't mix religion and politics, proper to stay apart
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Brandenburg v ohio
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imminent lawless action-ku klux klan speech in ohio, found for brandenburg-two pronged direct incitement test-imminent &likely
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symbolic speech/symbols
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treated as free speech
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Tinker vs Des Moines
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independent community district 1969-court upheld wearing black armbands vs vietnam war
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texas v johnson
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flag burning
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us v eichman
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invalidated congress' federal flag protection act of 1989
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what speech is not protected?
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hate speech, unpopular speech, speech zones, libel, slander
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NYT v Sullivan
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proved libel/slander
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Chaplinsky v new hampshire
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1942, fighting words
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What tests regulate obscenity
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roth test & miller test
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US v Miller
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shotgun w/ barrell less than two inches, cannot say 2nd amendment guarantees that right
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DC v Heller
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overturned miller, incorporated r2nd amendment right
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Brady bill
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was a five day wait for AR
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4-8 amendments
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rights for criminal defendants
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Due process
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4&14 amendments, arrestees have the right to similar proceedings and protection against unreasonably burdensome govt intrusions
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4th amendment
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right to be secure in their person, houses, paper and effects against unreasonable searches and seizures
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Probable cause
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incident to arrest, plain view, suspects reach, of an accused person, police must know and announce themselves before entering
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Chandler v Miller
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1997-Georgra drug testing person running for office, violated 4th rights, not probable cause
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5th amendment
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no person held to answer for a capital crime unless a grand jury
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Weeks v US
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selling lottery tickets through mail, police search w/o warrant, seizure of items violated rights
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Mapp v Ohio
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1961, obscene materials, police chase found, court said must exclude
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What is an exception to the search and seizure clause?
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evidence obtained w/o intent to violate rights, good faith, inevitable discovery
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Gideon v Wainwright
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1965, requested & was refused attorney
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Double expectation gap
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gap between presidential powers and promises
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Head of state
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apolitical, unifying role of president as symbolic representative of country
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Head of government
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the political role of the president as the leader of party and chief arbiter of who gets what
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What are the executive powers?
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chief administrator-head of federal agencies and responsible for implementation of national policy, appoints cabinet members, commander in chief, chief foreign policy maker, negotiates treaties, makes executive agreements with other countries
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What legislative powers does the president have?
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state of the union, veto, executive orders
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What judicial powers does the president have?
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appointments, pardoning, solicitor general,
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What precedents did Washington set?
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established primacy of national government, held regular meetings with his advisers (cabinet), asserted prominence of chief executive role in foreign affairs, inherent power
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Andrew Jackson
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strong national leader, expansion of voting to all white males, vetoed a lot, reasserted primacy of national government, kept army to a minimum
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LIncoln
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argued inherent powers circumvent constitution in a time of war/crisis, expanded army, ordered southern blockade, emancipation proclamation,
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William McKinley
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used media to connect to base, national campaign, established presidential stronghold in defense and foreign policy, war room, assassinated in 1901
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Teddy Roosevelt
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Panama Canal, negotiated w/ other countries against war, monroe doctrine
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Woodrow Wilson
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people's rep, leadership congress lack in legislation could come from the president, underwood act, federal reserve act, ban on child labor, antitrust
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FDR
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Recovery, New Deal, National govt responds to crisis, took nation off gold standard, allowed budget deficits, created social security, aided allies before America entered WWII, planned United Nations, huge growth in federal bureacracy
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standing
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a party's right to seek redress in court, based on a tangible loss or gain
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adversarial system
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conflicts settled in competitive setting which parties argue their cases before a judge and sometimes a jury, judge is referee
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Inquisitorial system
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conflicts settled in a setting in which a judge had the ability to quiz both sides in order to discover the truth
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How did the framers treat the judiciary?
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left it to congress to design
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Article 3
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Section 1 gave congress authority to establish other courts, section 2 specifies that all federal crimes shall be tried by jury in the state it was committed, section 3 defines treason, two witnesses
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Why do judges have lifelong tenure?
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So they aren't subject to whims of politics, public
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What are checks on the judiciary?
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congress has authority to alter the court's jurisdiction, congress can propose constitutional amendments, impeach and remove judges, president appoints judges
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Basic three tiered court system
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Disrtict courts, circuit court (appeal), supreme court
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Marbury v Madison
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judicial review
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Party Activists
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the "party faithful"; the rank-and-file members who actually carry out the party's electioneering efforts
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Party Base
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members of a political party who consistently vote for that party's candidates
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Party Discipline
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ability of party leaders to bring party members in the legislature into line with the party program
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Party-in-government
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members of the party who have been elected to serve in government
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Party-in-electorate
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ordinary citizens who identify with the party
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astroturf lobbying
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indirect lobbying efforts that manipulate or create public sentiment