Political Science 2302, Curry, Fall 2013. Review Questions for Test One

Answering the following questions should be of great help in preparing for Test One.

1. Read each chapter introduction and be able to answer questions about the person (s).2. Pay attention to briefs 2.3, 3.1, 3.6, 3.7, 4.2, 4.3, 5.1, 5.2, 5.3, 5.6, 5.11, 6.3, 6.4, 6.53. What are checks and balances? Can you think of a few examples?

• Counterbalancing influences by which an organization or system is regulated, typically those ensuring that political power is not concentrated in the hands of individuals

• President veto power• Congress override veto• Judicial review

4. What was the “Revolution of 1937”? Who was the President?• Old court struck down nearly all of FDR’s first term New Deal legislation• FDR proposes plan to increase size of Supreme Court to “provide help” for older justices• No action by congress, but FDR wins 1936 election by landslide• Supreme court decisions starting in 1937 are different• Franklin Delano Roosevelt was the President at the time

5. What are the individualist and communitarian theories? What does each emphasize?• Individualist

o Theory based on the assumption that individuals and their interests take precedence over the larger community

o Government exists to preserve and protect individual rights• Communitarian

o A theory which stresses the public interest and community values over those of the individual

o Government is seen as a positive force in achieving the common good6. What were the key concepts in the Declaration of Independence?

• The laws of “nature and nature’s God”• Natural rights: life, liberty, and the pursuit of happiness• Government derives power form the “consent of the Governed• When abuses of right occur, “it is their right, it is their duty to throw off such

government”7. Where are reserved powers found in the Constitution? Who has reserved powers?

• 10th amendment• to the States or the people

o “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

8. What were the key weaknesses of the Articles of Confederation?• National government could not force the states to obey laws• It did not have the power to tax• It did not have the power to enforce laws• Congress lacked strong and steady leadership• no system of national courts• No executive branch• Each state regulated tariffs on trade between states

9. What is a writ of certiorari?• Literally, “to make sure”; a writ is issued at the discretion of the supreme court which

orders the lower court to send the record of a case to the Court for review. This route is the normal procedure for appealing a case to the supreme court

10. What is judicial review? Used more on federal or state laws? Judicial review- the power of courts to determine the validity of government acts

o Legislation passed by congresso Presidential orders and actions

Used more on state laws11. Who are the current members of the Supreme Court?

John Roberts Antonin Scalia Anthony Kennedy Clarence Thomas Ruth Bader Ginsburg Stephen Breyer Samuel Alito Sonia Sotomayor Elena Kagan

12. From where do appeals come to the Supreme Court? Original jurisdiction- the jurisdiction of a court of first instance or a trail court where the

legal action begins. The U.S. Supreme Court has original jurisdiction under Article III of the Constitution, which cannot be regulated by the Congress

Appellate jurisdiction- the power and authority to review and, if necessary, to correct errors of law that may have occurred in the trail court. Most cases heard by the U.S. Supreme Court each year are reviewed under its appellate jurisdiction, which can be regulated by Congress according to Article III

13. Powers of the U.S. Senate and U.S. House of Representatives? • Senate

o Try impeachment caseso Advise and consent powers

Ratify treaties Confirm appointments (all federal judges, officers of the United States

whose jobs require confirmation).o Power to Legislate

Both must approve identical bill Can override Presidential veto by 2/3 vote Responsible for budget and spending

o Power to Investigate Un-American Activities (McCarthy Era) Iran-Contra 9/11 Steroids in baseball

o Both House and Senate must approve a new Vice-President by majority vote• House of Representatives

o Constitution requires the House to be the source of all “revenue” billso Constitution gives the House the power of impeachment.o Power to Legislate

Both must approve identical bill Can override Presidential veto by 2/3 vote Responsible for budget and spending

o Power to Investigate Un-American Activities (McCarthy Era) Iran-Contra 9/11 Steroids in baseball

o Both House and Senate must approve a new Vice-President by majority vote14. What was the Virginia Plan? What was the Great Compromise?

• The Virginia Plan (Madison)o Bicameral Legislature (both houses apportioned on basis of population)o Executive brancho Judicial branch

• The Great (Connecticut) Compromiseo Bicameral Legislature: House based on population and Senate based on state

equalityo 3/5 Compromise: representation based on whole number of free persons and 3/5

of all other persons, excluding Indians.15. What is the 17th Amendment?

• Established direct election of senators by the general public16. What are enumerated powers? What are implied powers? Are they in the Constitution?

• Enumerated powers- Powers outlined in the constitution• Implied powers- not expressly stated, but implied by the writing in the constitution

17. What are the 4 essential elements of all Constitutions, according to Duchacek?• Establishment of powers• Establishment of rights• Establishment of the authority for the government• Establishment of the authority for the people

18. What problem was Publius addressing in Federalist #10?• How to guard against factions with interests contrary to the rights of others or the

interests of the whole community 19. What did the Judiciary Act of 1789 do?

• Set size of Supreme Court at 6• Six circuit courts• Gave Supreme Court jurisdiction to hear appeals from state courts when:

o State court ruled against federal lawo State court upheld state over federal lawo State court denied right claimed under Constitution

20. Know what these constitutional amendments did: 12th, 20th, 22nd , 25th

• 12th- changed procedure for electing the president and vice-president• 20th- moved the beginning and ending of terms of the president and vice-president from

March 4 to January 20, and members of congress from march 4 to January 3 (shorten “lame duck” period)

• 22nd- limits president to two terms • 25th- presidential disability and succession

21. What is the Magna Carta?

• The royal charter of political rights given to rebellious English barons by King John in 1215

22. When would a justice write a dissenting opinion? A concurring opinion?• A dissenting opinion is written when a justice disagrees with the majority opinion

(which carries the force of law). If a justice is writing a dissenting opinion, that means he or she voted with the minority group, and wants to explain the reason why he or she disagrees with the official Opinion of the Court.

• A Supreme Court justice may choose to write a concurring opinion when he or she agrees with the majority decision, but wants to add perceptions or legal reasoning not addressed, or not addressed to that justice's satisfaction, in the majority opinion (opinion of the Court).

23. What are the 3 key elements of “constitutionalism?”• Limited government

o A government limited in its power and accountable for its actions Lord Acton- Power corrupts James Madison- Federalist 51 “checks and balances”

• the rule of lawo constitution places a “higher law” above the policies of leaders or majoritieso leaders must be held accountable to legal principles

• fundamental worth of each individual o rights and liberties accompany each individualo Bill of Rights

24. What were the differences between Federalists and Anti-Federalists?• Federalists

o Supported the constitutiono Well educated and propertied class. Most lived in settled areas along the

seaboard.• Anti-federalists

o Did not support the constitutiono states' rights advocates, backcountry farmers, poor farmers, the ill-educated and

illiterate, debtors, & paper-money advocates. 25. What are the different types of opinions written by Supreme Court justices?

• Majority• Concurring• Dissenting• Per Curiam

26. What is the supremacy clause?• Establishes the US Constitution, federal statuses, and US treaties as the “supreme law of

the land”27. What were the main contributions of James Madison, Thomas Jefferson, George Mason, John Marshall

James Madisono Leader of the Virginia Assemblyo member of the Continental Congresso helped frame the Virginia Constitution o wrote the Federalist essays

o helped frame the Bill of Rights and the U.S. Constitution Thomas Jefferson

o Wrote the Declaration of Independenceo Father of American education

George Masono Main author of the Bill of Rights

John Marshallo Court opinions helped lay the basis for American constitutional lawo Longest serving chief justiceo Marbury v. madison

28. What were the Federalist Papers? Who wrote them?• Written by James Madison, Alexander Hamilton, and John Jay• Published in the New York papers under the name of “Publius”• Provide the best insight into the intentions of the Founders.

29. What is the President’s veto power? Can Congress easily override a veto? See table• President may veto bill passed by congress• Congress can override veto with 2/3rds majority

30. What powers are given to the President by the Constitution?• Power to sign or veto legislation

o No “line-item veto” Powero Many governors possess this powero Supreme Court held in Clinton v. New York (1998) that a President’s veto power

must be exercised on an entire bill – not parts of it.• Power to provide information to Congress

o State of the Union address• Head of Executive Branch of Government• Appoints all officers of the United States (department heads, assistants, etc.)

o Presides over Cabineto Executive office of the Presidento Power to remove members of the executive branch who perform purely executive

duties for any reasono Can remove independent commission members only “for cause”

• Power to Pardon• Treaty-Making Power

o Subject to Senate ratification• Executive Agreements• Receives ambassadors and ministers from foreign nations• Civilian leadership over military establishment: principle of civilian supremacy• Presidential “War Power”

31. What are the main features of U.S. District Courts? Jurisdiction? Juries?• District courts

o 679 judgeshipso located in all 50 states, plus D.C., Guam, Puerto Rico, Northern Marianas, Virgin

Islandso at least one per state, texas has 4o exercise only original jurisdictiono federal trial courts

o use of petit and grand jurieso U.S. District attorney, U.S. Marshall

32. What is executive privilege? What case dealt with it? How?• The privilege, claimed by the president for the executive branch of the US government,

of withholding information in the public interest• Dealt with in US v. Nixon• The Presidential claim of Executive Privilege must be balanced against a legitimate need

for the information in ongoing judicial proceedings33. What is impeachment? Which Presidents have been impeached? Convicted?

• Only legal way to remove president from office• Impeached by house of representatives• Convicted by senate• Impeached for treason, bribery, or other high crimes and misdemeanors• Impeached presidents

o Johnsono Clinton

• Convictedo None

• Resignedo Nixon

34. Explain the 25th Amendment? What is the order of Presidential succession?• Provides mechanism for replacing President who becomes disabled or cannot perform his

duties. Also provides method for restoring power when ready.• Provides for appointment of new Vice-President when the offices becomes vacant.• Provides a clear line of succession to the Presidency.

o Presidential Succession Act of 1947o VP, Speaker of House, Senate President ProTempore, Secs of State, Treasury,

Defense, Attorney General35. How many electoral votes does a state have? How is a President elected?

• Each state has electoral votes equal to its total congressional delegation• Electors cast 2 votes, one for president and one for vice-president and one must be from a

different state• Candidate receiving majority of electoral vote is president

36. What is judicial activism? Judicial restraint? “Political questions?”• Judicial activism- the view that judges must, on occasion, overrule the actions of

popularly-elected representatives if those actions are either “unwise” public policy or contrary to some specific provision of the Constitution

• Judicial restraint- the view that judges should defer to the officials to the legislative and executive branches, because they are more politically responsible to the voters

• “political questions”- a ruling that a matter in controversy is a political question is a statement by federal courts declining to rule a case because the federal courts system only judges cases dealing with questions about laws, not politics

37. What happens if no presidential candidate receives a majority of electoral votes?• President is chosen by the House of Representatives

38. What was John Marshall’s basic philosophy?• Judicial nationalism

o Advancing such policies as popular sovereignty, supremacy of the national government, authoritative role for the Supreme Court in interpreting the Constitution, and broad construction of the Constitution

39. What does the Constitution specifically require for becoming a federal judge?• Appointed by president• Approved by 2/3 majority of senate

40. How do we fill a vacancy in the office of Vice-President?• President appoints a vice-president candidate that must be approved by 2/3 majority vote

in both houses of congress41. Who wrote Federalist # 51? What is it about?

• James Madison• Addresses means by which appropriate checks and balances can be met• Advocates for the separation of powers in government• “ambition must be made to counteract ambition”

42. What are the 16th, 17th, and 27th Amendments about?• 16th amendment

o allows congress to levy an income tax without apportioning it among the states or basing it on the United States Census

• 17th amendmento establishes direct election of the United States Senators by popular vote

• 27th amendmento prohibits any law that increases or decreases the salary of members of the

Congress from taking effect until the start of the next set of terms of office for Representatives

43. What are the three theories of executive power?• Constitutional or Whig Theory: Hamilton and Madison: The President is limited to

powers listed in the Constitution• Stewardship Theory: Theodore Roosevelt: President can do anything necessary for the

nation unless it is prohibited by the Constitution• Prerogative Theory: John Locke: Power of the executive to take any actions for the public

good, even if opposed by laws or Constitution44. Cases: What were the rulings and significance of:

Bush v. Gore; Marbury v. Madison; Baker v. Carr; City of Boerne v. FloresYoungstown Sheet and Tube v. Sawyer; Korematsu v. US; U.S. v. Nixon; Clinton v. NY; Clinton v. Jones; U.S. v. Curtiss-Wright Export Corporation; Hamdi v. Rumsfeld, Hamdan v. Rumsfeld; Boumediene v. Bush

Bush v. Goreo Judicial Review to strike down a state court order that conflicts with a

federal lawo Background: 2000 Presidential election between GW Bush and Al Gore

comes down to who wins Florida. There are many problems with the ballots.

A recount of ballots ordered by the Florida Supreme Court The Constitution requires that all electoral votes be counted by

mid-December.o Question: Was the Florida Supreme Court’s decision allowing manual

recounts in two counties valid?

o Answer: No. Florida SC order was inconsistent with a federal statute requiring all state electoral slates to be certified by December 12. Also: ordering only a partial recount denies equal protection of the law to all voters.

o 5 person majority: Rehnquist, O’Connor, Kennedy, Scalia, Thomaso 4 person dissent: Stevens, Souter, Breyer, Ginsburg

Outcome: Bush wins. Marbury v. Madison

o Question 1: Is Marbury entitled to his judicial commission? Answer: Yes. He was appointed and confirmed in accordance

with the Constitution’s requirements.o Queston 2: Do the laws of this country offer a remedy to Marbury that

will get him his judicial commission? Answer: Yes. He has legal title to the office. Failure to deliver

his commission is a violation of the laws.o Question 3: If Marbury has a legal remedy, is that remedy a writ of

mandamus issued by this Court? NO: In order to issue mandamus, the case must arise under

appellate jurisdiction, over which Congress has authority. Because this case comes to the Court through original jurisdiction. The Constitution, not Congress, sets the Court’s original jurisdiction. The Constitution does not provide for a writ of mandamus. Therefore, the law providing a writ of mandamus in original jurisdiction cases is unconstitutional.

o Question 4: So what happens when a law passed by Congress is in conflict with the Constitution?

It is .. the province and duty of the Judicial Department to say what the Law is.

…A law repugnant to the Constitution is void, and … Courts, as well as other departments, are bound by that instrument.

The portion of the Judiciary Act of 1789 concerning mandamus is null and void (unconstitutional).

o Results of Marbury v. Madison Marbury does not get his commission Jefferson can brag that the Court backed down, because he has

not been ordered to do anything The Supreme Court has held that a law passed by Congress can

be struck down by the Court – and nobody really seems to care. Judicial review is born

Baker v. Carr State of Tennessee had not redrawn district lines since 1901.

Massive differences in size of districts. State legislature refuses to reapportion the state. Citizens filed civil suit claiming denial of equal protection of the law.

Question: Is drawing of district lines a “political question” left to legislatures or a matter in which Courts should become involved?

• Answer: Courts must uphold the Constitution (which guarantees “equal protection of the law,” even if it

involves a “political question.” When does a political question become “justiciable” (within the Court’s jurisdiction)?

“The non-justiciability of a political question is primarily a function of the separation of powers . . . is itself a delicate exercise in constitutional interpretation and is a responsibility of this Court as ultimate interpreter of the Constitution.

Result: Equality in representation is required by the Constitution. “One person, one vote.”

City of Boerne v. Floreso Judicial Review to strike down a federal law as applied to the stateso Background: Congress passes Religious Freedom Restoration Act in

1993, requiring any government to prove a “compelling interest” when it imposes any burden on the free exercise of religion. Congress passed RFRA to overturn the Supreme Court’s decision in Oregon v. Smith (1990).

o City of Boerne Historical Commission denies permission for the Roman Catholic diocese to add a new addition to the existing church because it is located in a Historical District..

o Question: May Congress require the states to treat religion differently than other matters?

o Answer: Justice Kennedy for the Court . . . If Congress could define its own powers by altering the

Fourteenth Amendment’s meaning, no longer would the Constitution be “superior paramount law. Our national experience teaches that the Constitution is preserved best when each part of the government respects both the Constitution and the proper actions and determinations of the other branches.

o The RFRA is unconstitutional as it applies to the states. Youngstown Sheet and Tube v. Sawyer

o Domestic powerso Question: Can Pres. Truman order the seizure of entire steel industry to

prevent a strike by workers because he considers it to be a national emergency?

o Answer: No. Congress had passed Taft-Hartley Act which denied President this power and ordered the use of a court injunction to stop a strike.

o As a result, Truman’s actions are illegal. The President may not act contrary to the expressed will of Congress in domestic affairs.

Korematsu v. USo Wartime powerso Question: May the President and Congress authorize military zones and

detention of all Japanese-Americans during wartime?o Answer: Congress and the president have the authority in wartime to

segregate those who might pose “a menace to the national defense and safety.”

o Result: Upheld military exclusion orders and detained thousands of Americans of Japanese ancestry for several years.

U.S. v. Nixon

o Executive privilegeo Question: Can Pres. Nixon refuse to turn over tapes of White House

conversations to a federal district court for upcoming trials because he claims Executive Privilege?

o Answer: No. The Presidential claim of Executive Privilege must be balanced against a legitimate need for the information in ongoing judicial proceedings.

o Nixon’s claims of separation of powers and a need for confidentiality in decision making were insufficient to justify withholding of the tapes.

o Outcome: Tapes show Nixon’s involvement. He resigns. Clinton v. NY

o Line-item vetoo Background: Congress passes law creating the Line Item Veto. Clinton

uses it to cut out millions of dollars of spending from a bill. Line-Item veto is used by governors in numerous states as a way of cutting spending.

o Question: Is the line-item veto constitutional?o Answer: No. Violates the separation of powers. Constitution requires

that President must accept the whole bill or none of it. Clinton v. Jones

o Presidential immunityo Background: Paula Jones claims Bill Clinton sexually harassed her

before he was President. Lawyers want Clinton to have to testify in the case.

o Question: What remedies are available against a sitting President for actions allegedly committed prior to entering office?

o Answer: President is not completely immune from cooperating with authorities in a legal matter. He may not be compelled to testify, but he must cooperate on his own terms.

U.S. v. Curtiss-Wright Export Corporationo Inherent powerso Question: May the President take actions in foreign affairs that are not

specifically found in the Constitution:o Answer: Yes. The President possesses “Inherent Powers”:o Congress must accord the President a degree of discretion and freedom

from statutory restriction which would not be admissible were domestic affairs alone involved.

o …we are here dealing with … the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in . . . international relations.

Hamdi v. Rumsfeld

45. What are major sources of revenues for U.S. government? Major expenditures?• Revenues

o Individual income taxeso Corporate taxeso Social retirement taxes

• Expenditureso Defense

o Social securityo Healtho Income securityo Educationo Agricultureo Interest on the debt

46. Are there limits on the President’s power to pardon?• Cannot pardon before offense has been committed• Cannot pardon in cases of impeachment

47. What are some examples of congressional investigations?• Iran-Contra• 9/11• steroids in baseball

48. What does it mean for the President to “receive ambassadors?”• To recognize the authority of other countries and their government• To welcome them to America, and a genial relationship

49. In order to have standing to bring a case, a person must be able to …..? • Can demonstrate that he/she/it is or will “imminently” be harmed by the law

50. What are government corporations? Examples?• A business entity, which is either fully or partially owned by a countries’ government• the entity is usually labeled as entirely owned, mixed-ownership or as a private

corporation, because national government sets out its purposes, powers, and obligations• examples

o AMTRAKo CIAo Federal election commissiono NASA

51. Quotes: A few (NOT ALL) of the following quotes will be on the exam. You should be able to match the quote to its source (for example, from a case, or from a person’s writings). Note: Most of the quotes from cases are found in the reader. Hint: Don’t try to memorize; if you know the cases reasonably well, you will find clues in the quotations that tell you the answer. It is possible that quotes other than these may appear on the exam

“The interpretation of the laws is the proper and peculiar province of the courts. A constitution is . . . and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning. .

o Marbury v. Madison

The authority, therefore, given to the Supreme Court by the act . . . to issue writs of mandamus to public officers appears not to be warranted by the Constitution.

o Judiciary Act 1789 or Marbury v. Madison

When the exercise of religion has been burdened in an incidental way by a law of general application, it does not follow that the persons affected have been burdened any more than other citizens . . .

o Boerne v. Flores

Of course, the mere fact that the suit seeks protection of a political right does not mean it presents a political question.

o Baker v. Carr

“But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. . . . Ambition must be made to counteract ambition.”

o James Madison, Federalist #51

“Even though “theater of war” be an expanding concept, we cannot with faithfulness to our constitutional system hold that the Commander in Chief of the Armed Forces has the ultimate power as such to take possession of private property in order to keep labor disputes from stopping production.”

o Youngstown Sheet and Tube Co. v. Sawyer

“Absent a claim of need to protect military, diplomatic, or sensitive national security secrets, we find it difficult to accept the argument that even the very important interest in confidentiality of Presidential communications is significantly diminished by production of such material for in camera inspection . . .

o United States v. Nixon

“If there is to be a new procedure in which the President will play a different role in determining the final text of what may “become a law,” such change must come not by legislation, but through the amendment procedures set forth in Article V of the Constitution.”

Congress must accord the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved. …we are here dealing with … the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in . . . international relations.

o United States v. Curtiss-Wright Export Corp.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.

o Declaration of Independence

Each state retains its sovereignty, freedom, and independence, and every power . . which is not by this Confederation expressly delegated to the United States . .

o Articles of Confederation & the 10th Ammendment

Congress relied on its Fourteenth Amendment enforcement power in enacting the most far reaching and substantial of RFRA’s provisions, those which impose its requirements on the states . . .

o Boerne v. Flores

In most cases, comity and respect for federalism compel us to defer to the decisions of state courts on issues of state law. . . But there are a few exceptional cases . . . This is one of them.

o Bush v. Gore

These are the considerations justifying a presumptive privilege for Presidential communications. The privilege is fundamental to the operation of Government and inextricably rooted in the separation of powers under the Constitution.

o United States v. Nixon

We therefore hold that a citizen-detainee seeking to challenge his classification as an enemy combatant must receive notice of the factual basis for his classification, and a fair opportunity to rebut the Government’s factual assertions before a neutral decision maker

o Hamdi v. Rumsfeld

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