Download Checks and balances

Checks and balances
Legislative Branch
Checks on the Executive
 Impeachment power (House)
Trial of impeachments (Senate)
Selection of the President (House) and Vice President (Senate) in the case of no majority of
electoral votes
o May override Presidential vetoes
o Senate approves departmental appointments
o Senate approves treaties and ambassadors
o Approval of replacement Vice President
o Power to declare war
o Power to enact taxes and allocate funds
o President must, from time-to-time, deliver a State of the Union address
Checks on the Judiciary
o Senate approves federal judges
o Impeachment power (House)
o Trial of impeachments (Senate)
o Power to initiate constitutional amendments
o Power to set courts inferior to the Supreme Court
o Power to set jurisdiction of courts
o Power to alter the size of the Supreme Court
Checks on the Legislature - because it is bicameral, the Legislative branch has a degree of self-checking.
o Bills must be passed by both houses of Congress
o House must originate revenue bills
o Neither house may adjourn for more than three days without the consent of the other house
o All journals are to be published
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Executive Branch
Checks on the Legislature
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o Veto power
o Vice President is President of the Senate
o Commander in chief of the military
o Recess appointments
o Emergency calling into session of one or both houses of Congress
o May force adjournment when both houses cannot agree on adjournment
o Compensation cannot be diminished
Checks on the Judiciary
o Power to appoint judges
o Pardon power
Checks on the Executive
o Vice President and Cabinet can vote that the President is unable to discharge his duties
Judicial Branch
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Checks on the Legislature
o Judicial review
o Seats are held on good behavior
o Compensation cannot be diminished
Checks on the Executive
o Judicial review
o Chief Justice sits as President of the Senate during presidential impeachment
Open primary - a primary election in which voters do not need to be a member of a particular political party in
order to vote for partisan candidates in the primary election
Closed primary - a type of direct primary limited to registered party members who have declared their party
affiliation, in order to vote in the election
PAC - A committee set up by a corporation, labor union, or interest group that raises and spends campaign
money from voluntary donations.
Federalism –
a. National supremacy over states –
i.
McCullough v. Maryland; judicial review
ii.
Gibbons v. Ogden; Congress regulates interstate commerce
iii. Calhoun – nullification
iv. Dred Scott; was not a citizen, property that should be returned to slave-holding state
b. Dual federalism – (1865-1933)
i.
Federal gov’t and state are supreme within their own areas
ii.
13-15th Amendments were designed to protect Af.Am
iii. Plessy v. Ferguson; “separate but equal”
iv. 14th Amendment does not apply to state action
c. Cooperative Federalism – (1933-1968)
i.
More control of businesses
ii. First New Deal, Second New Deal, Great Society grants
d. New Federalism – (1968-Present)
i.
State and government powers begin to separate, but influence each others realms
ii. States are given more powers, but government ultimately remains supreme
categorical grants- federal grants for specific purposes defined by federal law: to build an airport for example,
or to make welfare payments to low-income mothers. Such grants usually require that the state or locality put
up money to “match” some part of the federal grants, through the amount of matching funds can be quite small.
formula grants- a federal grant specifying a precise formula in the legislation creating the program; the
formula is based off state characteristics related to the purpose of aid
project grants- specific categorical grant; for example, money for a new public pool
block grants (operational, capital, entitlement) - grants of money from the federal government to states
for programs in certain general areas rather than for specific kinds of programs
Voting tendencies –
Hispanic: Mexicans vote Democratic; Cubans Republican
AA: Democratic
Religion: Catholic, Jews- Democrat; Baptist, evan. Christians- Republican
Socioeconomic class: low-dem; high-rep
Region: New Eng., Pacific coast, mid-west- Democratic; mid-west, south, b/w Pacific and MississippiRep
Gender: women-Dem; men- Rep
Age: young- Dem
Political participation: protest, running/holding office, campaign contributions, campaign work, political
awareness, contact media/public official, join interest group, litigation
Presidential nomination process: delegates are selected and go to the floor to represent parties
Selective incorporation: The process by which certain of the guarantees expressed in the Bill of Rights become
applicable to the states through the Fourteenth Amendment.
McCullough v. Maryland- Marshall declared that the states have no control of agencies in the federal
government. Such actions would violate Congress’s “implied” powers.
Miranda v. az- prosecutors could not use statements stemming from custodial interrogation of defendants
unless they demonstrated the use of procedural safeguards "effective to secure the privilege against selfincrimination."
Gregg v. Georgia – bifurcation (jury determines guilt/innocence and sentence), not cruel and unusual because
procedure is detailed
Brown v. board – desegregate schools, separate but equal
Near v. Minnesota – freedom of press is applied to states
Griswold v. CT – right to privacy exists in contraceptive stuff, made of 4 different amendments to create a new
9th amend.
Roe v. Wade – right to choose abortion
Gitlow v. NY- Bill of Rights was applied to states 1925
Political socialization:
Family (strongest)
Political leaders
Media
Religion
School
Peers
Interest group: organization of members who share common interest and seek to influence gov’t policies; work
with elected officials to draft legislature; provide info to public and officials; contribute to PACs
Redistricting: the process of changing of political borders in the United States. This often means
changing electoral district and constituency boundaries, usually in response to periodic census results.
Public financing of elections goes majority of the time to Presidential elections
Reserved powers – powers not given to gov’t or denied to states are the powers of the people and/or states
(10th Amend)
Critical election: Election that marks the emergency of a new, lasting alignment of partisan support within the
electorate
Iron triangle: the policy-making relationship between the legislature, the bureaucracy (executive) (sometimes
called "Government Agencies"), and interest groups.
Media political coverage campaigns: 1. only with campaign activities 2. horserace journalism (who is winning)
Establishment clause: congress shall make no law establishing a religion
Necessary and proper clause: congress shall do what it sees as necessary and proper
Commerce clause: To regulate commerce with foreign nations, and among the several states, and with the
Indian tribes
Amendments:
1st – freedom of religion, press, assembly, speech
13th – abolition for slaves
14th – due process
Wall of separation: church and state must be separate
Formal amendment process: found in article 5
Proposal
Ratification
2/3 vote in congress
¾ state legis. Vote
2/3 state legislature
¾ state conventions
Gerrymandering: To divide (a geographic area) into voting districts so as to give unfair advantage to one party
in elections
Meaning and theme of Federalist 10: warning against factions in politics, tyranny of the majority: solution:
create multiple factions -> checks and balances
Political culture in US ++ core values: equality
Voting requirements:
Roles of media:
Gatekeeper: alerts public to significant events as they happen
Watchdog: expose gov’t wrongdoing/corruption
Common carrier: politicians use media to communicate with public
Redistricting: seats are reallocated – after 10 years/census, House determines, state governments redraw,
party in power decides