AP Gov AP Test Review Correct 100%

Explain how the bureaucracy carries out the responsibilities of the federal government. - ANSWER Through various departments and agencies and the delegate responsible for implementing legislation. civil service - ANSWER A system of hiring and promoting based on the merit principle and the desire to create nonpartisan merit - ANSWER Hiring based on entrance exams and promotion rating to produce administration by people with talent and skill Pendleton Act - ANSWER Passed in 1883, an act that created a federal civil service so that hiring and promoting would be based on merit rather than patronage Explain how the federal bureaucracy uses delegated discretionary authority for rule making and implementation. - ANSWER It distributes the responsibility to make it manageable and to place blame for any wrong decision on one specific agency. Independent Executive Agency - ANSWER Define: The government agencies not accounted for by cabinet departments, independent regulatory commissions and government corporations. Administrators are typically appointed by the president and serve at the president's pleasure Example: NASA Independent Regulatory Commission - ANSWER Define: A government agency with responsibility for making and enforcing rules to protect the public interest in some sector of the economy and for judging disputes over these rules Example: Consumer Product Safety Commission Government Corporation - ANSWER Define: A government organization that, like business corporations, provides a service that could be delivered by the private sector and typically charges for its services Example: The U.S. Postal Service Explain how Congress uses its oversight power in its relationship with the executive branch. Oversight and methods used by Congress to ensure that legislation is implemented as intended are represented by: - ANSWER Committee Hearings Power of the Purse To obtain information and opinions on proposed legislation, conduct an investigation, or evaluate/oversee the activities of a government department or the implementation of a federal law - ANSWER The influence that legislators have over public policy because of their power to vote money for public purposes. The U.S. Congress must authorize the president's budget requests to fund agencies and programs of the executive branch Discuss: As a means to curtail the use of presidential power, "congressional oversight" serves as a check of executive authorization and appropriation. - ANSWER By reviewing, monitoring, and supervising federal agencies, programs, activities, and policy implementations. They check to ensure everything is being done properly. Explain how the president ensures that executive branch agencies and departments carry out their responsibilities in concert with the goals of the administration. - ANSWER The president chooses his cabinet to carry out the day-to-day administration of the federal government. Explain the extent to which governmental branches can hold the bureaucracy accountable given the competing interests of Congress, the president, and the federal courts. - ANSWER Congress has the power to override regulations that they do not approve of or feels like it distorts its intent. Explain the principle of judicial review and how it checks the power of other institutions and state governments. - ANSWER Review by the supreme court of constitutional validity of a legislative act, can declare things unconstitutional. Article III of the Constitution - ANSWER Creates the federal court system must have one supreme court. instead, congress is given the power to create and remove lower courts Federalist No. 78 - ANSWER Argues that the federal courts have the duty to determine whether acts of Congress are constitutional and to follow the Constitution when there is inconsistency. Hamilton view this as a protection against abuse of power by Congress. The foundation for powers of the judicial branch and how its independence checks the power of other institutions and state governments are set forth in: - ANSWER Article III of the Constitution Federalist No. 78 Marbury v. Madison Explain how the exercise of judicial review in conjunction with life tenure can lead to controversy about the legitimacy of the Supreme Court's power. - ANSWER Because as times change and public opinion change, judges do not and are likely to keep their traditional views Stare Decisis - ANSWER "Let the decision stand" The rue of precedent, where a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented. Precedent - ANSWER Prior cases whose principles are used by judges as the bases for their decisions in present cases The President and Congress can change unpopular decisions through... - ANSWER -future appointments -legislation changing the Court's jurisdiction, refusing to implement decisions -constitutional amendment future appointments - ANSWER When a similar case presents itself it can be brought to the supreme court and the decision can be changed. legislation changing the Court's jurisdiction refusing to implement decisions - ANSWER Congress can overturn a courts decision through legislation. Constitutional Amendment - ANSWER An amendment added to the constitution can overturn the courts decision Judicial Activism - ANSWER A Judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the majoritarian political process Judicial Restraint - ANSWER A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures Explain how other branches in the government can limit the Supreme Court's power. - ANSWER The president nominates the court judges and the senate votes on the nominations What are the functions of amicus curiae briefs? - ANSWER To raise additional points of view and presenting information not contained in the binds of formal parties majority opinion - ANSWER A statement that presents the views of the majority of the Supreme Court Justices regarding a case dissenting opinion - ANSWER A dissenting opinion is an opinion in a legal case written by one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment (EX/The outcome to the O.J. Simpson Case) concurring opinion - ANSWER An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning Writ of Certiorari - ANSWER A legal document issues by the Supreme Court to request the court transcripts of a case; It indicates that the Court will review a lower court's decision Rule of Four - ANSWER A practice that permits four of the nine justices in the Supreme Court to grant a writ of certiorari. This is done specifically in order to prevent a majority of the Court from controlling the Court's docket. Explain how the U.S. Constitution protects individual liberties and rights. - ANSWER The constitution contains a specific bill of rights that the government are never allowed to infringe upon 1st Amendment - ANSWER Freedom of Religion (Establishment and Free Exercise Clause), Speech, Press, Assembly and Petition 2nd Amendment - ANSWER Right to bare arms, regulated militia is necessary to the security of a free country 4th Amendment - ANSWER No "unreasonably" searches and seizures without a warrant or probable cause that a search will produce evidence of a crime; Exclusionary Rule 5th Amendment - ANSWER Right of Accused Persons/Indictment of Grand Jury -No Self-Incrimination (Miranda Laws) -No Double Jeopardy (Defendant cannot be tried again on the same or similar charges) -No deprivation of life, liberty or property without "due process of law" (fair treatment) -Eminent Domain 6th Amendment - ANSWER The right to counsel in criminal trials Speedy and public trial Accused must be told charges Right to counsel (right to an attorney if cannot afford one) Right to unbiased jury in court cases 8th Amendment - ANSWER No excessive bail No cruel and unusual punishment 9th Amendment - ANSWER Unenumerated Rights; the government cannot claim that the only rights people have are those listed in the Bill Of Rights 10th Amendment - ANSWER The power not delegated to the U.S. by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people Explain the extent to which the Supreme Court's interpretation of the First and Second Amendments reflects a commitment to individual liberty. - ANSWER Reserving the powers listed in the first two amendments show an independence from the government. Efforts to balance social order and individual freedom are reflected in interpretations of the First Amendment that limit speech, including: - ANSWER Miller Test Schenck v. US-Clear and Present Danger Test Miller Test - ANSWER Established in Miller vs California Three part test used by the Supreme Court to determine whether speech meets the criteria for obscenity, if so it can be restricted by the government. Schenck v. US (Clear and present danger test) - ANSWER Doctrine adopted by the Supreme Court of the United States to determine under what circumstances limits can be placed on First Amendment freedoms of speech, press, or assembly prior restraint - ANSWER This is when the government prevents material from being published. This is seen as unconstitutional due to the first amendment Patriot Act - ANSWER This act expands the definition of terrorism to include domestic terrorism which allows for authorized searches of a home or business without the owner's or the occupant's permission or knowledge. This increases the ability of law enforcement agencies to search telephone records, emails, and medical/financial records, etc. Explain the implications of the doctrine of selective incorporation. - ANSWER The bill of rights will be incorporated and made applicable to the states on a case by case basis; Implies that the Bill of Rights applies to the states. Explain the extent to which states are limited by the due process clause from infringing upon individual rights. - ANSWER 5th and 6th Amendments Miranda Rule Miranda Rule - ANSWER Law enforcement officers must inform a person subject to interrogation of the right not to incriminate themselves; Having rights read Due Process - ANSWER Ensures fair procedures when the government burdens or deprives an individual, prevents arbitrary government decisions to avoid mistaken or abusive taking of life, liberty, or property (including money) from individuals. Within the 5th Amendment it establishes that no person shall be "deprived of life, liberty, or property without due process of law; nor shall private property be taken for public use without just compensation". Rational Basis - ANSWER If someone is being treated unfairly because they are part of a group that has been historically mistreated, the court gives them more weight Intermediate Scrutiny - ANSWER If someone is being mistreated because they are female, the courts give them more weight Strict Scrutiny - ANSWER Court gives more weight to blacks, hispanics and homosexuals (hate crimes) Explain how the government has responded to social movements. - ANSWER Creating policies that support or oppose a movement The Civil Rights Act of 1964 - ANSWER The act that made racial discrimination against any group in hotels, motels, and restaurants illegal and forbade many forms of job discrimination. Title IX of the Civil Rights Act Amendments (1972) - ANSWER No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance. The Voting Rights Act of 1965 - ANSWER Made it illegal to exclude potential voters on the basis of race; Caused black registration rates to increase dramatically. Explain how the Court has at times allowed the restriction of the civil rights of minority groups and at other times has protected those rights. - ANSWER National courts allowed Jim Crow state laws for years until finally taking action with the civil rights act Explain the relationship between core beliefs of U.S. citizens and attitudes about the role of government. - ANSWER Even though citizens agree on the value of governing, they have different ideas on how it should be governed Explain how cultural factors influence political attitudes and socialization. - ANSWER Different people with different backgrounds are going to have different desires and ideas about government and what is important to focus on. Different factors such as family and schooling as well as religion and or race can affect political attitude as well. Describe the elements of a scientific poll. - ANSWER Random sampling, front loaded questions, large sample size Public opinion data that can impact elections and policy debates is affected by such scientific polling types and methods as: - ANSWER opinion polls tracking polls entrance and exit polls opinion polls - ANSWER Interviews or surveys with samples of citizens that are used to estimate the feelings and beliefs of the entire population (ex/to ask for American view on terrorism and the relevance of terrorism within the country) tracking polls - ANSWER Surveys that enable a campaign to chart it's rise and fall in support (ex/2008 democratic election for Obama) entrance and exit polls - ANSWER entrance-a poll taken before voters have cast their votes at polling stations (ex/similar to a public opinions poll, meant to gauge public opinion on who they voted for and why; younger voter were found more likely to fill out a whole survey) exit-a poll of people leaving a polling place, asking how they voted (ex/election exit polls are polls taken immediately after they have exited polling stations) Explain the quality and credibility of claims based on public opinion data. - ANSWER Polls are not always very accurate, there is always a margin of error and it is not always known exactly what was asked Democratic Party - ANSWER Economic: -Raising taxes for the rich -Hands on approach of government -Does not drive party's policy Social: -Believe in equality -Social issues are at the forefront of many debates (Tend to be more liberal) Republican Party - ANSWER Economic: -Tax cuts -Hands off approach of government -Economics drives their policies Social: -Does not drive their debates -Do not believe in things like same sex marriage or abortion (Tend to be more conservative) Explain how U.S. political culture (e.g., values, attitudes, and beliefs) influences the formation, goals, and implementation of public policy over time. - ANSWER As more people agree with things like same sex marriage and public opinion shifts, lawmakers start advocating for laws that protect it 15th Amendment - ANSWER -Prohibits the federal governments from denying a citizen the right to vote based on that citizen's race and state color, or previous condition of servitude -Protects the rights of citizens to vote in elections to elect their leaders; The purpose was to ensure that the states were not denying people the right to vote based on race -Ensures that all people can vote despite of race, causing and increase in voter turnout for minority races 17th Amendment - ANSWER -Allows Senators to be directly voted upon; Gives the States the power to directly elect senators to represent them (before state legislators decided who the senators were) -Raised public efficacy because it allowed the people to voice their opinions as to who is elected at the State level, which causes an increase in voter participation 19th Amendment - ANSWER -Women's Suffrage; Allows women to vote -Allows another group of people to vote, increasing voter participation 24th Amendment - ANSWER -Forbids the use of a poll tax at national elections -The poll taxes were used so that minorities would not be able to participate in national elections due to lack of income -Makes it easier for minorities to vote (specifically black people) 26th Amendment - ANSWER -Suffrage for 18 year olds -Allows young people to vote and share their voice, increasing voter turnout, however in recent times the voter turnout for teens is not very high political efficacy - ANSWER The citizens' faith and trust in government and their belief that they can understand and influence political affairs National versus state-controlled elections - ANSWER National government sets date of elections, states control procedures for voting (registration laws, early voting, etc.) Voter registration laws and procedures - ANSWER Voter registration is a system designed to reduce voter fraud by limiting voting to those who have established eligibility to role by submitting the proper documents. To register a person must meet certain legal requirements of age, citizenship and residency. Some states permit Election Day registration. There are voter ID laws that require voters to show government made ID at polls, which repels some voters who do not have an ID or who cannot afford them. Voting incentives or penalties or fines - ANSWER There are none Midterm Elections - ANSWER Election in which citizens elect legislatures and governors Discuss the demographic characteristics and political efficacy or engagement are used to predict the likelihood of whether an individual will vote. - ANSWER Political efficacy is based upon three things: age, income level and education. Those who are wealthier, have a higher level of education and who are older are more likely to be politically active and more likely to believe that their voice matters. Leading indicator of how someone will vote - ANSWER Party identification and ideological orientation Candidate characteristics - ANSWER People are looking for charisma or someone who appears to the masses (ex/George Bush Jr.) Contemporary political issues - ANSWER Gun control, immigration, abortion, economy Identify the four linkage institutions - ANSWER **Connect us to our government** -social media / the media -interest groups -political parties -elections Explain the function and impact of political parties on the electorate and government. - ANSWER Political parties sponsor candidates to win elections Regional realignments - ANSWER Realignments occur when a party undergoes a major shift in its electoral base and political agenda. Groups of people composing the party coalition may split up, creating a different party. Realignments are not common and tend to be signaled by a critical election (presidential election or midterm election with highly talked about issue). Ex/Realignment during the New Deal when many working class and ethnic groups joined together under the democratic party. Campaign finance law - ANSWER hard money-limited, controlled by candidate, PACS (formed by interest groups) soft money-unlimited, not controlled by candidate, super PACs Explain how structural barriers impact third-party and independent-candidate success. - ANSWER -Winner takes all system hurts third parties -States prevent third parties from getting on the ballot -We don't think third parties can win (wasting votes) Explain: In comparison to proportional systems, winner-take-all voting districts serve as a structural barrier to third-party and independent candidate success. - ANSWER No credit is given to 2nd place and 3rd parties rarely get the majority of votes Discuss the role Interest groups play in policy making. - ANSWER -They put pressure on legislatures to pass laws in their favor by giving them money and information Discuss the role of an iron triangle in policy making. - ANSWER This relationship can be beneficial to policymaking because it is able to ensure that the Congress passes policies that are effective and practical to the public. Iron Triangle - ANSWER The iron triangle is a three-way relationship between Congressional committees, the bureaucracy and interest groups. Explain how variation in types and resources of interest groups affects their ability to influence elections and policy making. - ANSWER The most powerful interest groups have numbers and money to influence elections and policy making "Free rider" problem - ANSWER The problem faced by unions and other groups when people do not join because they can benefit from the groups' activities without officially joining. The bigger the group, the more serious the problem. Explain how various political actors influence public policy outcomes. - ANSWER Actors use their platforms to advocate for what they believe in (Leonardo DiCaprio advocating for environmental resources) Provide an examples of Single-issue groups, ideological/social movements, and protest movements form with the goal of impacting society and policy making. - ANSWER Women's rights, equal pay act Environmentalists, CERCLA taxes, people for spreading too many harmful chemicals Monetary policy - ANSWER refers to the money supply and interest rates Fiscal policy - ANSWER refers to taxing and spending policies Both the executive and legislative branches share responsibility for fiscal policies Incumbency advantage phenomenon - ANSWER An incumbent is a government official who currently holds office. Because the officeholder has name recognition, casework, campaign financing and usually redistribution on his or her side, the incumbent usually has an advantage over his or her challenger. Open primaries - ANSWER A primary in which voters can vote for the candidates of either the Democratic or the Republican party Closed primaries - ANSWER A primary election in which voters must first declare which party they belong to Caucuses - ANSWER A meeting of local party members to choose party officials or candidates of public office and to decide the platform Party conventions - ANSWER A meeting of local party members to choose party officials or candidates for public office and to decide the platform General (presidential) elections - ANSWER An election used to fill and elective office The Electoral College - ANSWER A group selected by the States to elect the president and the vice-president, in which each state's number of electors is equal to the number of its senators and representatives in Congress Evaluate the extent to which the Electoral College facilitates or impedes democracy. - ANSWER The electoral college impedes democracy because the winner tale all system does not accurately reflect the will of the people Explain how the winner-take-all allocation of votes per state (except Maine and Nebraska) under the setup of the Electoral College compared with the national popular vote for president raises questions about whether the Electoral College facilitates or impedes democracy. - ANSWER It impedes democracy because there have been elections in which the popular vote favors one candidate and the electoral college favors another. Explain how campaign organizations and strategies affect the election process. - ANSWER They can fund a candidates campaign, making them more recognizable and known to the public. They define differences between candidates and their opponents, hold debates, and use variety of media to spread their agendas. Bipartisan Campaign Reform Act of 2002 (McCain Feingold Act) - ANSWER A law passed in 2002 that banned soft money, put limits on issue advertising and increased the amount people can donate to candidates; also called the McCaine-Feingold bill. Discuss the debates have increased over free speech and competitive and fair elections related to money and campaign funding (including contributions from individuals, PACs and political parties). - ANSWER It is used to inform the electorate what the election results may look like. Although these polls are typically fair, an inaccurate poll may lead to some people not wanting to vote. Explain the media's role as a linkage institution. - ANSWER It can influence the audience of these media communications since they rely on these places for news. Discuss the media's use of polling results to convey popular levels of trust and confidence in government can impact elections by turning such events into "horse races" based more on popularity and factors other than qualifications and platforms of candidates. - ANSWER Through the use of social media, the public can become more involved with the person they support winning rather than what policies they support or a candidates agenda. (Like how Bernie Sanders literally became a meme and all they young people love him cuz a bird flew onto his stand during a rally) Explain how increasingly diverse choices of media and communication outlets influence political institutions and behavior. - ANSWER Increasingly diverse means of media used during campaigns can reach different groups of people. However, this can also lead to an increase in political disputes. Civil Rights Act of 1964 - ANSWER This act made racial, religious and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places The Voting Rights Act of 1965 - ANSWER Suspended literacy tests, empowered federal officials to register voters, empowered federal officials to ensure that citizens could vote, empowered federal officials to count ballots, prohibited states from changing voting procedures without federal permission. The Clean Air Act (1970) - ANSWER Established new standards for ambient air quality, set new limits on emissions from stationary and mobile sources to be enforced by both state and federal governments, and increased finds for air pollution research; Soon discovered that deadlines were overly ambitious (especially those for auto emissions). Deadlines were extended and revised over the next 10 years. The War Powers Resolution (1973) - ANSWER Unsuccessful act stating when deploying troops the president must notify Congress within 24 hours and can leave troops in the location deployed to for 60 days; If by the end of the 60 days Congress has not declared war the troops can come home. The Budget & Impoundment Control Act of 1974 - ANSWER Successful act that came out of the Budget Reform Act stating that presidents wishing to withhold spending must notify within 45 days and then get congressional approval. The Federal Election Campaign Act (1974) - ANSWER A law passed in 1974 for reforming campaign finances. The act created the Federal Election Commission, provided public financing for presidential primaries and general elections, limited presidential campaign spending, required disclosure and attempted to limit contributions. Americans with Disabilities Act (1990) - ANSWER Requires employers and public facilities to make "reasonable accommodations" for the disabled and prohibits discrimination against the disabled in employment. Welfare Reform Act (1976) - ANSWER Increased the power of the states relative to the federal government; Replaced the Aid to Families with Dependent Children program with block grants to the States; Illustrated the Process of devolution by giving States greater discretion to determine how to implement the federal goal of transferring people from welfare to work. No Child Left Behind Act (2001) - ANSWER Requires the States to set standards and measurable goals that can improve individual outcomes in education; Requires the States to develop assessments in basic skills to be given to all students in certain grades; Represents a dramatic expansion of the federal role in education. USA Patriot Act (2001) - ANSWER Expands the definition of terrorism to include domestic terrorism; Authorized searches of a home or business without the owner's or the occupant's permission or knowledge; Increases the ability of law enforcement agencies to search telephone, email, medical, financial and other records. Nomination vs. General Election - ANSWER General: A national election held by law in November of every even-numbered year Nomination: The official endorsement of a candidate for office by a political party Primary vs. Caucus - ANSWER Primary: Party members vote for the best candidate that will represent them in in a general election Caucus: Party members select the best candidate through a series of discussion and votes Closed Primary vs. Open Primary - ANSWER Open: Voters may choose either party's ballot to take into the polling booth Closed: Voters must declare their party affiliation before they are given a primary ballot Liberal vs. Conservative - ANSWER Liberal: Generally believes in governmental action to achieve equal opportunity and equality for all and that it is the duty of the government to reduce community issues and to protect civil liberties and individual and human rights. Also believes the role of the government should be to guarantee that no one is in need. Conservative: Generally believes in personal responsibility, limited government, free markets, individual liberty, traditional American values, and strong national defense. Also believes the role of the government should be to provide people the freedom necessary to pursue their own goals. Democrat vs. Republican - ANSWER Democrat: Tends to be more liberal and promote a strong central government and expansive social programs Republican: Tends to be more conservative and promote a limited central government and a strong national defense Major Party vs. Third Party (not the same as Independent) - ANSWER Major Party: Democrats or Republicans Third Party: A political party other than one of the two major parties Realignment vs. Dealignment - ANSWER Realignment: The coming to power for several decades of a new coalition, replacing an old dominant coalition of the other party (ex/Republicans became dominant in 1896 or when the Democrats became dominant in 1932) Dealignment: A trend to process whereby a large portion of the electorate abandons its previous partisan affiliation without developing a new one to replace it Reapportionment vs. Redistricting - ANSWER Reapportionment: The assigning by Congress of congressional seats after each census; State legislatures reapportion state legislative districts Redistricting: The redrawing of congressional and other legislative district lines following the census to accommodate population shifts and keep districts as equal as possible in population Political Parties vs. Interest Groups - ANSWER Political Party: A group of people who organize to win elections, operate the government and determine public policy Interest Group: A group of people who share common goals and who actively try to influence policymakers Judicial Restraint vs. Judicial Activism - ANSWER Judicial Restraint: Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say Judicial Activism: Philosophy that the Supreme Court should play an active role in shaping national policies by addressing social and political issues Original Intent vs. "Living" Constitution - ANSWER Original Intent: The idea that the policies within the Constitution should be taken for its literal meaning "Living" Constitution: The idea that the policies within the Constitution are continuing to evolve as times change within the country District Courts vs. Supreme Court - ANSWER District Courts: The lowest federal courts where federal cases begin; They are the only federal courts where trials are held Supreme Court: Highest level court that exercises the power to determine constitutionality of statutes Appellate Jurisdiction vs. Original Jurisdiction - ANSWER Appellate: The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record only the legal issues involved Original: The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine that facts about a case. National Government vs. States' Rights - ANSWER States Rights: The idea that all rights not specifically conferred on the national government by the Constitution are reserved to the States National Government: Government that has its power granted to it through the Constitution; Divided into three branches that share power equally Dual Federalism vs. Cooperative Federalism - ANSWER Dual: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies Cooperative: A system of government in which powers and policy assignments are shared between states and the national government Block Grants vs. Categorical Grants - ANSWER Block: Federal grant given more or less automatically to states or communities to support beard programs in areas such as community development and social services Categorical: Federal grants that can be used only for specific purposes, or "categories", of state and local spending; They come with strings attached such as nondiscrimination provisions Full Faith & Credit vs. Privileges & Immunities - ANSWER Full Faith: A clause in Article 4 of the Constitution requiring each state to recognize the official documents and cvil judgments rendered by the courts of other states Privileges: A clause in Article 4 of the Constitution according citizens of each state most the the privileges and immunities of citizens in other states Writ of Certiorari vs. Writ of Habeas Corpus - ANSWER Certiorari: Orders a lower court to deliver its record in a case so that the higher court may review it Habeas Corpus: Court order to a person or agency holding someone in custody to deliver the imprisoned individual to the court issuing the order Civil Liberties vs. Civil Rights - ANSWER Liberties: Constitutionally protected freedoms of all persons against government restraint Rights: Constitutional rights of all people, not just citizens, to due process and equal protection of the laws Equal Protection Clause vs. Due Process Clause - ANSWER Equal Protection: Clause in 14th Amendment that forbids any state to deny any person within tis jurisdiction the equal protection of the laws; Major constitutional restraint on the power of the government to discriminate against people on the basis of race, national origin or gender Due Process: Clause in Fifth Amendment limiting the power of the national government; Prohibiting national government from depriving any person of life, liberty or property without due process of law Establishment Clause vs. Free Exercise Clause - ANSWER Establishment: First clause in first amendment; Prohibits government from establishing national religion (separation of church and state) Free Exercise: Second clause in first amendment; Prevents government from interfering with citizens' religious rights (can practice any religion they want and have the right to do so to the fullest extend as long as they do not hurt others) Separation of Powers vs. Checks and Balances - ANSWER Separation of Powers: The constitution divides the government into three branches, each having its own purpose Checks and Balances: Each branch of government has the power to check or limit the actions of the other two to ensure that the other branches do not become too powerful Nomination vs. Confirmation - ANSWER Nomination: A formal proposal made by the President of a candidate to fill a position, such as a cabinet member of Supreme Court justice Confirmation: Senate approval of a presidential nomination Impeachment vs. Conviction (Removal) - ANSWER Impeachment: A process to remove a federal official from office; The House impeaches the official by getting a simple majority of votes; The Senate votes on whether the official is guilty or not Conviction: The removal of a federal official from office Formal Amendment vs. Informal Amendment - ANSWER Formal: Process of adding or deleting words to the Constitution; Proposed by 2/3 vote of Congress or Constitutional Convention (never used); Ratify by 3/4 vote of State convention (only used once) Informal: Changing the meaning of the Constitution without a formal amendment (ex/Supreme Court opinions, laws, customs) Proposing an Amendment vs. Ratification of an Amendment - ANSWER Proposing: (1) By a 2/3 vote of both houses of Congress; All amendments have been proposed with way (2) A convention called by Congress at the request of the legislature in 2/3 of the states; Never has been used Ratification: Congress decides what method is used (1) approval by the legislature in 3/4 of the states; all but one (26 amendments have been done this way) (2) approval by special ratifying conventions in 3/4 of the states; (21st amendment done this way) Necessary & Proper Clause vs. Commerce Clause - ANSWER Necessary: Clause of the Constitution which gives Congress the authority to pass all laws "necessary and proper" to carry out enumerated powers specified int eh Constitution; also called elastic clause Commerce: Clause of the Constitution which gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations Delegated Powers vs. Reserved Powers - ANSWER Delegated: (aka enumerated powers) Powers mentioned in the Constitution belonging to the national government Reserved: Powers that are given to the states without the consultation of the national government Delegated Powers vs. Implied Powers - ANSWER Delegated: (aka enumerated powers) Powers mentioned in the Constitution belonging to the national government Implied: Powers not mentioned directly in the constitution as belonging to Congress but inferred as "necessary and proper" for carrying out enumerated powers Enumerated Powers vs. Inherent Powers - ANSWER Enumerated: Powers specifically delegated to Congress by the US Constitution Inherent: Powers derived from its sovereignty (ex/power to grant or deny citizenship)