AP US Government Cram Sheet

writ of certiorari

orders a lower court to reliever its record in a case so that the higher court may review

stare decisis

stare decisis (to stand by things decided) means that judges must follow precedent by looking back to past, similar cases to guide discussions

commerce clause

commerce clause gives Congress power over regulation of commerce among states and with foreign nations; used to justify federal regulations seemingly unrelated to commerce due to commerce being involved, in some aspect, with everything (ex. US v. Lopez)

federalist papers

essays concerning the Constitution written by James Madison and Alexander Hamilton

necessary and proper

Implied powers in the U.S. Constitution allow Congress to make laws to carry out its duties effectively.

checks on branches

president has veto power. Congress can reject appointments. Congressional oversight. Judicial oversight. Bureaucratic discretion.

Establishment Clause

gov cant establish national religion

Free exercise clause

people can have whatever religion they want

Supreme Court makeup

9 justices. Congress sets the number. The Constitution did not lay out a specific number of justices.

Electoral College

system of electing the president where electors cast votes based on state votes

divided gov

One party controls the White House, and another controls one or both houses of Congress. Divided government creates party polarization, meaning the two parties have major differences and do not agree. “Polar opposites”.

Unified government

the same party controls the white house and both houses of congress.

party polarization

a vote in which a majority of the Democratic legislators oppose a majority of Republican legislators.

Incumbency

name recognition, PAC recognition and donations. Advertising/franking privilege, they can send mail for free.

Committees

a group of people appointed for a specific function, typically consisting of members of a larger group

Gridlock

the inability of the government to act because rival parties control different parts of the government

electoral college

the people chosen to cast each state's votes in a presidential election. Each state can cast one electoral vote for each senator and representative it has. The District of Columbia has three electoral votes, even though it cannot elect a representative or senator

pyramid structure

a president's subordinates report to him through a clear chain of command headed by the chief of staff

circular structure

several of the president's assistants report directly to him

ad hoc structure

several subordinates, cabinet officers, and committees report directly to the president on different matters

Cabinet

the heads of the 15 executive branch departments of the federal government

bully pulpit

the president's use of his prestige and visibility to guide or enthuse the American public

veto message

a message from the president to Congress stating that he will not sign a bill it has passed. Must be produced within 10 days of the bill's passage

pocket veto

a bill fails to become law because the president did not sign it within 10 days before Congress adjourns.

line item veto

an executives ability to block a particular provision in a bill passed by the legislature

signing statement

a presidential document that reveals what the president thinks of a new law and how it ought to be enforced

legislative veto

the authority of Congress to block a presidential action after it has taken place. The Supreme Court has held that Congress does not have this power.

Impeachment

charges against a president approved by a majority of the House of Representatives

lame duck

a person still in office after e or she has lost a bid for reelection

Six Basic Principles

popular sovereignty, limited government, separation of powers, checks and balances, judicial review, federalism

Popular Sovereignty

the government's right to rule comes from the people, belief stems from the concept of the social contract and the idea that government should be for the benefit of its citizens. If the government is not protecting the people, it should be dissolved

Limited Government

the government has only the powers that the Constitution gives to it, The US government does not derives its power from itself. It must follow its own laws and it can only act using powers given to it by the people

Separation of Powers

constitution divides the government into three branches: Legislative, Executive, Judicial. Each branch has its own purpose: to make the laws, execute the laws, and interpret the laws.

Checks and balances

each branch of government has the power to check or limit the actions of the other two. each branch of gov't has a certain number of checks it can use to ensure the other branches do not become too powerful. The foundation for the concept was established by Founding Fathers Alexander Hamilton and James Madison in The Federalist Papers

Judicial Review

allows the Supreme Court to decide whether acts and laws are unconstitutional. It was established with Marbury vs. Madison in 1802

Federalism

division of power between federal gov't and the states. idea that the central government does not control all the power in the nation. States also have powers reserved to them.

Articles of Confederation

first constitution of the 13 original states and officially created the US. The Articles reflected the fear of the states that a central government would exercise too much power over their citizens. It denied the U.S. Congress the power to collect taxes, regulate interstate commerce and enforce laws. As a result, the Articles allowed the individual states to retain the greatest share of govt power Incidents like Shays Rebellion pointed out they needed a stronger federal government

U.S. Constitution

ratified in 1788 and replaced the Articles of Confederation by creating a strong central government made up of three separate branches: legislative, executive, and judicial. provided separation of powers, system of checks and balances, the constitution attempts to ensure that no branch of government assumes too much power over the others

Checks

Congress has the power to pass laws, but the president has the power to veto them, the president has the power to nominate Supreme Court Justices, but they must be approved by the Senate, the Supreme Court has the power to nullify laws passed by Congress by declaring them unconstitutional, Congress has the power to impeach federal officials including the president, vice president, and federal judges

Bill of Rights

includes the first 10 amendments to the Constitution. guarantees the basic freedoms and liberties of individuals, and the rights of reserved to the states. guards against the tyranny that can result when a central government is granted too much power

Federalists

supported the new constitution and the establishment of a strong central government

Anti Federalists

feared the proposed Constitution would give too much power to the central government and favored a form of govt in which the states would retain more power

Social Contract

belief that the state only exists to serve the will of the people, and they are the source of all political power enjoyed by the state. They can choose to give or withhold power

Marbury vs. Madison

Adams placed Federalist judges in the positions of the circuit courts. Since several of these "Midnight" appointments were not delivered before Jefferson took office he immediately stopped their delivery. William Marbury, justice of the peace, filed a writ of mandamus demanding Secretary of State James Madison deliver the appointments. The Supreme court led by John Marshall denied the request citing part of the Judiciary Act of 1789 was unconstitutional. Significance: judicial review was established.

Legislative Checks on Executive

override presidential votes with 2/3 vote, power to pursue strings to actually fund any executive actions, may remove the president through impeachment, senate approves treaties, senate approves presidential appointments

Legislative Checks on Judicial

creates lower courts, may remove judges through impeachment, senate approves appointments of judges

Executive Checks on legislative

veto power, ability to call special sessions of congress, can recommend legislation, can appeal to the people concerning legislation and more

Executive checks on Judicial

president appoints Supreme Court and other federal judges

Judicial checks on Executive

judges, once appointed for life, are free from controls from the executive branch, courts can judge executive actions to be unconstitutional through the power of judicial review

Judicial checks on Legislative

courts can judge legislative acts to be unconstitutional

Executive Branch powers

serves as commander

Electoral College System (President)

popular vote is used to determine the number of state electors won by the individual candidates through this system

Impeachment

House of Reps makes and votes on the charges of impeachment. The senate holds a trial on the charges of impeachment with the Chief Justice as judge, removal from office requires 2/3 majority of the Senate vote

Executive Branch (VP) powers

presides over the Senate and may vote in order to break ties, first in line of presidential succession

House of Rep. Powers

to vote on charges of impeachment, to initiate bills involving the raising revenue

House of Rep. Leadership

speaker of the house, majority leader, minority leader

Senate Powers

to try officials impeached by the House, to confirm presidential nominations, including SC judges, federal judges, ambassadors, and cabinet secretaries

Senate

upper house of Congress... currently 100 Senators. each state is allowed to elect two senators, serve 6 year terms, 1/3 of the senators elected every two years

House of Rep.

lower house of Congress, currently 435 members, each member gets one vote on bills, amendments, and other measures, number of reps are elected from each state determined by the states population, serve two year terms with elections held every two years

Judicial Branch

Supreme Court and lower federal courts

Supreme Court Justices

serve for life, baring retirement, resignation, or impeachment

Jurisdiction of the Supreme Court

US constitution, federal laws, treaties, and maritime affairs, matters concerning US ambassadors, ministers, or consuls, cases in which the US government or state government is a party, disputes between states and cases otherwise involving interstate relations, federal cases and some state cases in which lower court's decision is appealed

Lower Federal courts

judges of all federal courts are appointed for life. 12 judicial districts or circuits, include court of appeals, district courts, and bankruptcy courts