Final - Studying Flashcards
1
Q
Politics def
A
the process of influencing the actions and policies of government
2
Q
Government def
A
the rules and institutions that make up that system of policymaking
3
Q
Natural rights
A
the right to life, liberty, and property, which government cannot take away.
John Locke
4
Q
Social contract
A
- people GIVE their govt.s the power to rule over them to GET / ensure an orderly and functioning society.
- If a govt. violates that social contract, then the people have the right to replace that govt. with a just one.
- John Locke
5
Q
Popular Sovereignty
A
(a kind of sovereignty) the idea that the government’s right to rule comes from the people. (stated in preamble)
6
Q
inalienable rights
A
rights that the goverment cannot take away.
Ex: life, liberty, and the pursuit of happiness.
7
Q
Republicanism
A
a government’s authority comes from the people through their representatives.
Representative govts. are more efficient that direct democracy govts. (like in Ancient Greece) - people can’t vote on every little issue.
8
Q
Liberty
A
social, political, and exonomic freedoms
Freedom from interference/etc. or freedom to do something/etc. - often tension between these two.
9
Q
Participatory Democracy
A
widespread participation is key/essential for democratic government.
10
Q
Civil Society Groups
A
independent associations outside of the government’s control
11
Q
Pluralist Theory
A
emphasizes the role of groups in the policymaking process.
Ex: NRA, AARP, ACLU, the National Legal Foundation
ELITIST theory, however, is thinking that it’s all run by elites
12
Q
Constitutional Republic
A
(a democratic system) with elected representatives in which the Constitution is the supreme law.
13
Q
Republic
A
a government ruled by representatives of the people.
-James Madison was interested in creating a republic that lasted (unlike other republics)
-Madison’s research played a huge role in designing the new American government
14
Q
Articles of Confederation and Perpetual Union
A
a governing document that created a union of thirteen sovereign states in which the states, not the national government, were supreme.
15
Q
Unicameral
A
a one-house legislature.
16
Q
Shay’s rebellion
A
a popular uprising against the government of Massachusetts.
A violent insurrection in the Massachusetts countryside during 1786 and 1787, Shays’ Rebellion was brought about by a monetary debt crisis at the end of the American Revolutionary War
17
Q
Constitutional Convention
A
- a meeting attended by state delegates in 1787 to fix the Articles of Confederation.
- Rhode Island did not show
- James Madison was the first delegate
- George Washington served as president of the proceedings.
- Othr delegates - Benjamin Franklin, Alexander - Hamilton
- Delegates were all rich men - didn’t really accurately represent
18
Q
Writ of Habeas Corpus
A
the right of the people detained by the government to know the charges against them
19
Q
Bills of Attainder
A
when the legislature declares someone guilty without trial.
20
Q
Ex Post Facto Laws
A
laws punishing people for acts that were not crimes at the time they were committed.
21
Q
Virginia Plan
A
- a plan of government calling for a three-branch government with a bicameral legislature (two houses) where more populous states would have more representation in Congress.
- Members of the lower house were nominated by the people , members of the upper house would consist of representatives nominated by state legislatures and chosen by members of the lower house.
- Some questioned if they could be equally represented in this
22
Q
The New Jersey Plan
A
proposed a unicameral legislature where each tate delegation (chosen by state legislature) would get one equal vote in that legislature.
23
Q
Grand Committee
A
a committee at the Constitutional Convention that worked out the compromise on representation.
24
Q
Great (Connecticut) Compromise
A
- an agreement for a plan of government that drew up on both The Virginia Plan and The New Jersey Plan. It settled issues of state representation by calling for a bicameral legislature with a House of Representatives apportioned proportionately and a Senate apportioned equally.
- Under Article I, Section I, the national legislature would be bicameral.
- Decided that a number of members from each state in the House of Representatives would be chosen according to state populations, The people would directly elect these representatives.
- States would be represented equally in the upper chamber, The Senate. Two senators would be chosen from each state by their state legislatures.
25
The Three-Fifths Compromise
an agreement reached by delegates at the Constitutional Convention that a slave would count as three-fifth’s of a person in calculating a state’s representation
26
Compromise on Importation
congress could not restrict slave trade until 1808.
27
Separation of Powers
a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own.
28
Checks and Balances
a design of government in which each branch has powers that can prevent the other branches from making policy.
29
Federalism
the sharing of power between the national government and the states.
30
The Legislative Branch
- the instituition responsible for making laws,
- Congress + legislative branch have to work together to pass laws.
31
Expressed or Enumerated Powers
The specific powers given directly to Congress in Article I of the Constitution
32
Necessary and proper or elastic clause
in Article I, Section B, granting Congress the power necessary to carry out its enumerated powers.
Done to preserve its flexibility,
33
Implied powers
authority of the federal government that goes beyond its expressed powers.
34
Executive Branch
- the institution responsible for carrying out laws passed by the legislative branch.
- Lead by one executive - The President.
- President has some power over Congress, but they can Veto the president.
35
Judcial Branch
the institution responsible for hearing and deciding cases through the federal course.
36
Supremacy Clause
constitutional provision declaring that the Constituition and all natural lawa and treaties are the supreme law of the land.
37
Amendment
the process by which changes may be made to the Constitution
Amending a document is a twi stage process, with two possible routes the the completion of each stage.
38
Federalists
supporters of the proposed Constitution, who called for a strong national government
39
Antifederalists
those who opposed the proposed Constitution, who favored stronger state governments.
40
Federalist Papers
a series of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay and published between 1787 and 17888 that lay out the theory behind the Constituition.
41
Federalist No.51
an essay in which Madison argues that separation of powers and federalism will prevent tyranny.
42
Faction
a group of self-interested people who use government to get what they want, trampling the rights of others in the process. Believed by Madison to be the most dangeroous threat to a republic.
FED 10!!
43
Federalist No.10
an essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government.
44
Brutus No.1
An Antifederalist Paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government.
45
Annapolis Convention
Only 5/13 states attended the Annapolis convention, which they had originally thought would be the solution.
46
Riot Act
In response to Shay's Rebellion
MA passes “Riot Act” and wealthy Bostonians fund state militia.
Riot act was a Disaster - you could deputize and shoot and kill as an officer without being charged
47
Federalism
a system that divides power between national and state governments.
Police powers are under authority of the states, power of taxation is shared, etc.
48
Unitary System
- a system where the central government has all of the power over subnational governments.
- The United Kingdom, China, and Iran . most countries have this system.
49
Confederal System
- a system where the subnational governments have most of the power
- The United States under the Articles of Confederation. Also Switzerland
50
Federal System
- a system where power is divided between the national and state governments
- Has constitutional protections for each level against encroachment on its poweers by the other levels
- The United States, Mexico, Nigeria, Russia
51
Exclusive Powers
- PART OF ENUMERATED POWERS!!
- powers only the national government may exercise.
-- Ex - power to coin money, declare war, make treaties, raise and support an army and navy, etc.
52
Implied Powers (not enumerated powers!!)
- powers not granted specifically to the national government but considered necessary to carry out the enumerated powers.
52
Commerce Clause
- grants Congress the authority to regulate interstate business and commercial activity
- Anything you make or grow or sell COULD be sold to someone from another state and that’s out of your control.
- “Regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
53
Necessary and proper clause
- grants the federal government the authority to pass laws required to carry out its enumerated powers. This is also called elastic clause
- “Make all Laws which shall be necessary and proper for carrying into Execution… Powers vested by this Constitution in the Government of the United States.”
54
Supremacy Clause
- establishes the Constitution and the laws of the federal government passed under its authority as the highest law of the land
- “This Constitution, and the Laws of the Unites States..shall be the supreme Law of the Land.”
- This means that the states must abide by the laws passed by Congress, even if the state constitutional provisions conflict with them.
55
Tenth Amendment
reserves powers not delegated to the national government to the states and the people; the basis of federalism.
56
Reserved Powers
- powers not given to the national government, which are retained by the states and the people.
- Police powes , the ability to conduct elections , the constitution cannot be amended without the consent of three-fourths of the states.
57
Concurrent Powers
powers granted to both states and the federal government in the constitution.
Both may enforce laws, create and operate a system of courts, and charter banks and corporations.
58
Full Faith and credit clause
- constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state.
- This means that a couple married in vermont is still married in Alaska, etc.
- There are limits - for example, some states might make you get a ne drivers license.
59
Extradition
the requirement that officials in one state return a defendant to another state where a crime was committed.
60
Privileges and immunities clause
constitutional clause that prevents states from discriminating against people from out of state.
61
John Marshall
- very important figure in shaping federalism after the ratification of the Constitution.
- Chief justice in the Suporeme Court from 1801 - 1835 (longest-serving chief justice in American history)
62
Marshall Court - McCulloh vs. Maryland (1819) Cited
- Cited Necessary and proper clause.
- Believed that a valid implied power of Congress gave congress the right to establish the bank.
- The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government
- The first of the major federalism cases
“The case centered on the Second Bank of the United States, a national bank chartered by Congress, whose charter had been left to expire and amid a ‘debate about iits constititionality’. Many questioned if -- - Congress had the authority to charter a national bank. Several states, including Marylandm passed laws rto tax the Second Bank of the United States. Bank officials in Maryland refused to pay the state tax, and the dispute went to the US Supreme court.
63
Gibbons v. Ogden (1824)
- Focused on the power of congress to regulate the trade “among several state”.
- Court decided that the federal government has exclusive power over interstate commerce.
- Focused on the power of congress to regulate the trade “among several state”.
- Court decided that the federal government has exclusive power over interstate commerce.
64
13th Amendment
constitutional amendment that outlaws slavery
65
14th Amendment
constitutional amendment that provides that persons born in the United States are citizens and prohibits states from denying persons due process or equal protection under the law.
Equal Protection Clause
66
15th Amendment
constitutional amendment that gave African American males the right to vote.
67
Plessy v. Ferguson (1896)
A case in which the Court held that state-mandated segregation laws did not violate the equal protection clause of the Fourteenth Amendment
"Separate but equal"
68
Dual Federalism
- a form of American federalism in which the states and the national government operate independently in their own areas of public policy.
- Distinct but not complete separation between the fedeeral and state governments
69
Lockner v. New York (1905)
in which the state reed to limit the working hours of bakers to 60 hours per week.
70
Selective Incorporation
the process through which the Supreme Court applies the fundamental rights in the Bill of Rights to the states on a case-by-case basis
71
Gitlow v. New York (1925)
- SELECTIVE INCORPORATION
- the Court ruled that freedom of speech and the press are fundamental liberties proteced by the due process clause from violations by the states
72
Cooperative federalism
a form of American federalism in which the states and the national government work together to shape public policy
73
The Great Depression and Changes in American Federalism
- Increased the power of the national government
- State and local govts could not help because they had spent - they asked for help from the National Government
74
The New Deal (Great Depression)
Roosevelt Greatly Expanded the Role of the National Government
75
Grants-in-aid
- federal money provided to the states to implement public policy objectives.
- this is part of fiscal federalism
76
Fiscal federalism
the federal government’s use of grants-in-aid to influence policies in the states
77
Categorical grants
grants-in-aid provided to the states with specific provisions on their use
Kind of like bribes ?
78
Unfunded Mandates
federal requirements that states must follow without being provided with funding.
The Americans with Disabilities Act of 1990 (required states to make public buildings accessible)
79
Block Grant
- a type of grant-in-aid that gives state officials more authority in the disbursement of federal funds.
- Provides federal money for public policies in a way that tires to inceease state, local, and regional authority in how that money is spent and lessel federal influence.
80
Revenue Sharing
when the federal government apportions tax money to the states with no strings attached.
81
Devolution
returning more authority to state or local governments.
82
The United States v. Lopez (1995)
- involved the Tenth Amendment. It limits the federal government’s ability to pass legislation under the commerce clause and gives more power to the states. Sided with Lopez
- Brought a firearm into a school with the intent to sell it.
PRESERVING STATE’S AUTHORITY
83
United States v. Windsor (2013)
In a 5-4 decision, the Supreme Court ruled that the section of DOMA classifying only opposite-sex marriages as legal undr federal law was unconstitutional
84
Obergefell v. Hodges (2015)
Legalized gay marriage nationwide.
85
Unitary Government
One national power holds ALL authority
Can create and dissolve smaller governments (state or local)
86
Confederacy
Smaller independent (sovereign) states hold equal power
Can voluntarily work together but no real central authority
Articles of confederation!
87
National Govt. Powers (Federalism)
Coining money
Postage system
Foreign relations
(starting war, etc)
88
State Gov Powers (federalism)
Conducting elections
Public education
Establish local govt
Regulate interstate commerce
89
Both State and Federal Government Powers (Federalism)
Collect taxes
Establishing and administering a judiciary
Regulate banks
Borrow money
Provide for common good
Make and enforce laws
90
Dual Federalism (Layered Cake)
Clear divide between state and federal powers
Little cooperation between the state and national gov
91
Cooperative Federalism (Marble Cake)
National and state governments work together (Usually through GRANTS - Block grant, Categorical grant, Unfunded mandates)
92
Congress chambers
bicameral legislature composed of two chambers: The House of Representatives and the Senate
93
House of Representatives
makes and passes federal laws
94
Senate
The Senate takes action on bills, resolutions, amendments, motions, nominations, and treaties by voting. Senators vote in a variety of ways, including roll call votes, voice votes, and unanimous consent.
95
Difference between Senate and House
- Senators represent their entire states, but members of the House represent individual districts. The number of districts in each state is determined by a state's population. Each state has a minimum of one representative in Congress.
- Members of the U.S. House of Representatives each represent a portion of their state known as a Congressional District, which averages 700,000 people. Senators however, represent the entire state.
96
Pork Barrel Spending
- legislation that directs specific funds to projects within districts or states
- Controversial - criticized for putting narrow interests ahead of those of the nation’s voters.
97
Oversight
- efforts by Congress to ensure that executive branch agencies, bureaus, and cabinet departments, as well as their officials, are acting legally and in accordance with congressional goals.
- May conduct hearings and investigations for this purpose
98
Constituencies
a body of voters in a given area who elect a representative or senator
99
Apportionment
the process of determining the number of representative for each state using census data
Census conduced every 10 years
100
Redistricting occurs
state’s redrawing of boundaries of electoral districts following each census.
Process is often highly political and contreversial
101
Gerrymandering
- the intentional use of redistricting to benefit a specific interest or group of voters (ex - Group A)
- Eldridge Gerry made it and the federalists were like ayyy that looks like a salamander. And thus gerrymandering was born
102
Partisan gerrymandering
drawing district boundaries into strange shapes to benefit a political party
And then more and more like minded people move to those districts
103
Majority - Minority district
a district in which voters of a minority ethnicity constitute an electoral majority within that electoralal district
104
Malapportionment
the uneven distribution of the population among legislative districts
105
Incumbency
being already in office as opposed to running for the first time // running for reelection as oiooised to running for the first time
Incumbents usually win
106
Incumbency Advantage
institutional advantages held bby those already in office who are trying to fend off challengers in an election.
107
Baker v. Carr (1961)
The Supreme Court has the authority to review state redistricting plans, and the equal protection clause requires legislative district boundaries to be drawn to have roughly the same number of constituents under the principle of “one man, one vote”
Too many people in one district
108
Shaw v. Reno (1993)
The Supreme Court overturned the race-conscious drawing of a strangely shaped legislative district.
Thin ass highway-sized district
109
Speaker of the House
the leader of the House of Representatives, chosen by an election of its members
second in line to the president
110
Political Action Committees (PACs)
an organization that raises money for candidates and capaigns
“To make money and to make ‘friends’/connections”
111
House Majority Leader
second in command of the House of Representatives
112
The majority whip
a member of congress, chosen by their party membersm whose job is to ensure party unity and discipline.
113
Minority Leader
the head of the party with the second-highest number of seats in congress, chosen by the Party’s members
114
Senate Majority Leader
the person who has the most power in the Senate and is the head of the party with the most seats
115
Committee chairs
leader of a congressional committee who has authority over the committee’s agenda/processes.
116
Standing (CONGRESSIONAL COMMITTEES)
Standing
- Where most of the work of congress gets done
- Permanent and divided by policy aarea
member s tend to serve on them for multiple terms, developing expertise
- Considrer legislation and exercise oversight
117
Joint (CONGRESSIONAL COMMITTEES)
Joint
- Contains members of both house and senate
- They focus public attention on an issue
- Gather info for congress
- Help party leaders speed things along in the legislative process
118
Conference (CONGRESSIONAL COMMITTEES)
Conference
- Temporary joining committee
- Resolves differences between the House and Senate versions of a bill (which is required by the constitution
119
Select (CONGRESSIONAL COMMITTEES)
Select
- Temporary bodies are usually called upon to investigate an issue, sometimes in response to a crisis or scandal.
Ok so season two succession?
120
The Legislative Process ("I'm just a bill" - how bill's get passed)
The First Step: Introduction
Referral to Comittee
Comittees and Subcomittees in Action
- Comittees and subommittees hold hearings to gather info about a bill
- Congressional committees are the graveyards of most bills
- Discharge Petition
Floor Consideration
121
Discharge petition (Leglislative process - "Committees and Subcommittees in action")
a motion filed by a member of Congress to move a bill out of committee and onto the floor of the House of Representatives for a vote
122
House Rules Committee
a powerful committee that determines when a bill will be subject to debate and vote on the House floor, how long the debate will last, and whether amendments will be allowed on the floor.
123
Committee of the Whole
consists of all members of the House and meets i nthe House chamber but is governed by different rules, making it easier to consider complex and controversial legislation.
124
hold
a delay placed on legislation by a senator who objects to a bill
125
Unanimous Consent Agreement
an agreement in the Senate that consents the terms for consideration of a bill
126
Filibuster
a tactic through which an individual senator may use the right of unlimited debate to delay a moton or postpone action on a piece of legislation
127
Cloture
a procedure through which senators can end a filibuster and proceed to action, provided 60 senators agree to it
128
President's Three Choices in Passing of Bills
- Veto - ( the power of a president to reject a bill passed by Congress, sending it back to the originating branch without objections )
- Allow the bill to become law through inaction
- Vetoes can still become law if ⅔ of both chambers vote to override the president’s veto.
129
Office of Management and Budget (OMB)
the executive branch office that assists the president in setting national spending priorities
130
Entitlement Programs
a program that provides benefits for those who qualify under the law, regardless of income
131
Mandatory Spending
spending required by existing laws that is “locked in” the budget
132
Discretionary spending
spending for programs and policies at the discretion of Congress and the President
133
Budget Surplus
the amount of money remaining when the government takes in more than it spends
134
Budget deficit
the annual shortfall when a government takes in less money than it spends
135
National Debt
the total amount of money owed by the federal government
136
Delegate role
the idea that the main duty of a member of Congress is to carry out constituent’s wishes.
137
Trustee role
the idea that members of Congress should act as trustees, making decisions based on their knowledge and judgement
138
Politico Role
representation where membrrs of Congress balance their choices with the interests of their constituents and parties in making decisions
139
Bipartisanship
agreement between the parties to work together in Congrress to pass legislation
140
Gridlock
a slowdown or halt in Congress’s ability to legislate and overcome divisions, especially those based on partisanship.
141
Divided government
- control of the presidency and one or both chambers of - - ---
- Congress split between the two major parties
142
Lame duck period
period at the end of a presidential term when Congress may block presidential initiatives and nominees
143
How Bills Become Laws
A bill is nothing - a piece of paper with an idea on it that could become a law, but it holds no actual power.
Introduced by a congress person
Committee Meetings
Hearings/Reports
Debates
Floor Debate and Vote
Goes to President
- Sign or Veto (can over ride)
144
House of Representatives (second card)
25 years old and citizen for 7 years
435 house members (now capped) - 700,000 constituents
Divided amongst POPULATION
Re-elected every 2 years (district within a state)
145
Senate (second card)
30 years old and citizen for 9 years
100 senators (2 per state)
Will only change if we add more states
Re-elected every years
146
Executive branch
the branch of government charged with putting the nation’s laws into effect.
147
Fed. 70
Hamilton argues that an energetic single executive will protect against foreign attacks, provide for the administration of laws, and protect liberty and property. He also argues that a single executive can be held more accountable by the public.
148
Informal Powers
though not laid out in the text, are necessary to carry out expressed powers / presidential duties.
149
5 Key Roles of President
- Chief of State
- Chief Executive
- Commander in Chief
- Chief Diplomat
- Chief Legislator
- Chief of Party
150
Signing Statements
Informal power to add statement when signing a bill into law
Explains presidential interpretation of the law (unpopular w/ congress)
151
Checks on the Executive
Advice and Consent for…
- Treaties and ambassadors
- Federal judges and SCOTUS justices
- Cabinet positions and executive agency heads
Legislative Checks
- Can override a presidential veto (2/3 of House and Senate)
- Refuse to fund or pass presidential priorities
Oversight & Impeachment
- Investigate and oversight of executive action/agency
- Impeach AND remove - “treason, bribery, and high crimes/ misd.”
152
22nd Amendment
Limits president to two terms
153
25th Amendment
Established line of succession (Pres - VP - Speaker - etc.)
establishes line of WHAT
154
Cabinet Secretaries
- Appointed by president and approved by senate
- Focus on specialized area of executive branch
- Lead and administer the executive agencies and bureaucracy
155
National Security Council
National Security Council: Advice on issues of foreign policiy, military, etc.
Started during the cold war
156
War Powers Resolution (‘73)
Check on President during Nixon
Only respond to attack on US territory or US soil (Notify in 48 houurs)
Must get congressional approval after 60 days
Because of Nixon - vietnam was considered a police thing or a special military action
Considered a bit useless .. ?
157
Patriot Act
Expanded executive power in response to 9/11
Allows for expanded wiretaps on foreign and domestic calls
#’s can get really high bc a friend of a friend of a friend of a friend
Allows for broader detention of non-citizens suspected of terrorism
158
State of the Union
Opportunity to outline presidential priorities
159
Pocket Veto
an informal veto caused by when the [resident chooses not to sign a bill within ten days, during a tie when Congress has adjourned at the end of a session.
160
Executive Privilege
a right claimed by presidents to keep certain conversations, records, and transcripts confidential from outside scrutiny, especially that of Congress
161
Executive Agreement
an agreement between a president and another nation that does not have the same durability as a treaty but does not require Senate ratification
162
Executive Order
Executive Order - policy directives issued by presidents that do not require congressional approval
163
Executive Office of the President (EOP)
Executive Office of the President (EOP) - a collection of offices within the White House organzation designed to mainly provide information to the president
164
Bargaining and persuasion
an informal tool used by the president to persuade members of Congress to support his or her policy initiatives
165
Bully Pulpit
presidential appeals to the piublic to pressure other branches of government to support his or her policies.
166
Going Public
a tactic though which presidents reach out directly to the American people with hope that the people will, in turn, put pressure upon their representatives and senators to press for a president’s Policy Goals
167
Federal Judiciary
the branch of the federal government that interprets the laws of the nation
168
Supreme Court
the highest level of the federal judiciary, which was established in Article II of the Constitution and serves as the highest court in the nation.
169
Fed. 78 Federalist no. 78
Alexander Hamilton argued that an independent judiciary was essential for preserving liberty and upholding the checks and balances of the constitution
argument by Alexander Hamilton that the federal judiciary would be unlikely to infringe upon rights and liberties but would serve as a check on the other two branches. (assured sketpic anti-federalists)
Hamilton argues that the judiciary will act impartially and is insulated from politics. He also argues that the judiciary is the weakest branch.
170
Original Jurisdiction
the authority of a court to hear a case first, which includes the finding of facts in the case
171
Appellate jurisdiction
the authority of a court to hear and review decisions made by lower courts in that system. - to overturn or revise that decision.
172
Judicial Review
the authority of the Supreme Court to strike down a law or executive action if it conflicts with the Constitution
173
Marbury v. Madison (1803)
the Supreme Court decision that establoshed jusicial review over federal laws
174
Federal District Courts
the lowest level of the federal judiciary; these courts usually have original jurisdiction in cases that start at the federal level
175
Federal Court of Appeals
the middle level of the federal judiciary; these courts review and hear appeals from the federal district courts.
176
Precedent
a judicial decision that guides future courts in handling similar cases
177
Stare decisis
the practice of letting a previous legal decision stand
178
Majority Opinion
a binding supreme court opinion, which serves as a precedent for future cases
179
Concurring Opinion
an opinion that agrees with the majority decision, offering different or additional reasoning, that does not serve as a precedent
180
Dissenting Opinion
an opinion that disagrees with the majority opinion that does not serve as a precedent
181
Judicial Restraint
a philosophy of constitutional interpretation that justices should be cautious in overturning laws
182
Judicial activism
a philosophy of constitutional interpretation that justices should wield the power of judicial review, sometimes creating bold new policies.
"legislating from the bench"
183
Bureaucracy
a system of government in which most of the important decisions are made by state officials rather than by elected representatives. A complex organization that has multilayered systems and processes
184
Federal Bureaucracy
the departments and agencies within the executive branch that carry out the laws of the nation
Fauci is a good example of bureaucracy - covid-19
- He leads the office of infectious disease
important, but seldom makes the news unless something goes wrong
185
Political Patronage
filling of administrative positions as a reward for support, rather than merit.
186
Pendleton Act (1883)
an act of Congress taht created the first United States Civil Service Commission to draw up and enforce rules on hiring, promotion, and ture of office within the civil service (also known as the Civil Service Reform Act of 1883)
187
Federal Civil Service
the merit-based bureaucracy, excluding the armed forces and political appointments. Existed under the new rules of the Pendleton Act
188
Merit System
a system of hiring and promotion based on competitive testing results, education, and other qualifications rather than politics and personal connections.
189
Iron Triangle
coordinated and mutually beneficial activities of the bureaucracy, Congress, and interest groups to achieve shared policy goals
190
Issue Network
webs of influence between interest groups, policy makers, and policy advocates
191
Bureaucratic Discretion
the power to decide how a law is implemented and to decide what congress meant when it passed a law.
192
Bureaucratic Adjudication
When the federal bureaucracy settles disputes between parties that arise over the implementation of federal laws or determines which individuals or groups are covered under a regulation or program.
193
How Congress affect the Bureaucracy
Can pass legislation creating or terminating agencies and programs, and, through the process of appropriation, has control over the resources of that departments, bureaus, and agencies receive to carry out their tasks.
194
How the President can affect the Bureaucracy
- Formally controls most of the federal bureacracy
- Can appont and demote
- Face roadblocks in trying to control the day-to-day functions of the bureaucracy,
195
Civil Liberties
fundamental rights and freedoms protected from infringement by the government
Protections citizens have against government action that tkaes away fudamental freedoms
196
Civil Rights
preotections from discrimination as a member of a particular group,
Protections provided by the government to prevent discrimination
197
Fed. 84
Hamilton defended the need for a bill of rights
198
First Amendment
Protects freedom of religion, speech, the press, assembly, and petition
199
Second Amendment
The right to keep and bear arms
200
Third Amendment
No forced quartering of troops in homes
201
Fourth Amendment
Protects against unreasonable search and seizure and establishes the right to hhave warrants issued before an arrest or search
202
Fifth Amendment
Right to a grand jury indictment in ciminal cases, protection against double jeopary and self-incrimination, the right to due process of law, and the right to just compensation when private property is taken for public use.
203
Sixth Amendment
Protections during criminal prosecutions for a speedy and public trial by an impartial jury, the right to confront witnesses, the right to compel favorable witnesses to testify in one’s defense, and the right to the assistence of defense counsel.
204
7th Amendment
Right to a trial by jury in certain civil suits
205
Eighth Amendment
Protections against excessive bail, excessive fines, and cruel and unusual punishment.
206
Ninth Amendment
Protection of rights not listed in the Constitution
207
Tenth Amendment
Powers not delegated to the federal government nor prohibited by it to the states, are reserved to the states or to the people.
208
Gitlow v. New York
SELECTIVE INCORPORATION
was the first Supreme Court decision applying the First Amendment's free speech protections to abuses by state governments. There, Benjamin Gitlow was arrested for distributing a “Left-Wing Manifesto,” which advocated socialism in America.
209
due process clause
the clause in the Fourteenth amendment that restricts state governments fron denyinng citizens their life, liberty, or property without legal safeguards.
210
Selective incorporation
14th Amendment
the piecemeal process through which the Supreme Court has affirend that almost all of the protections in the Bill of Rights also apply to state governments.
211
14th Amendment
Selective incorporation
guatentees against the deprivation by any state of “life, liberty, or property without due process of law” - this is called the due process clause
212
Establishment Clause
First Amendment protection against the government requiring citizens to join or support a religion
213
Free Exercise Clause
First Amendment protection of the rights of individuals to exercise and express their religious beliefs .
Under the free exercise clause, Americans can hold any religious beliefs. However, they are not always free to act on them.
214
Board of Education v. Allen (1968)
Taxpayer Funds and Private Religious Schools
Establishment Clause
215
Engel v. Vitale (1962)
Abington School District v. Schempp (1969)
Prayer in public schools
Establishment Clause
216
Leom v. Kurtzman (1971)
Government involvement with Religion
Establishment Clause
217
Wisconsin v. Yoder
Free exercise clause
Amish stuff - wanted to not have to go sto school after 8th grade, under free exercise clause rthey did not have to go
218
Freedom of expression
a fundamental right affirmed in the First Amendment to speak, publish, and protest.
219
Schneck v. United States (1919)
- Charles Schneck and Elizabeth Baer were convicted for producing/distributing antiwar leaflets discouraging young men from joining the military
- Clear and Present Danger
- Espoinage Act of 1917 - passed during WWI - Among other things, this act makes it a crime to interfere wirth military recruiting.
220
Clear and Present Danger Test
legal standard that speech posing an immediate and serious thread to national security is not protected by the First Amendment
221
Prior restraint
the suppression of material prior to publication on the grounds that it might endanger national security.
222
Symbolic Speech
protected expression in the form of images, signs, and other symbols.
Protections are extended to these
Tinker v. Des Moines
223
Tinker v. Des Mones Independent Community School District (1969)
Arm bands , convicted for them.
Symbolic free speech
224
Ex Post Facto Laws
laws criminalizing conduct that was legal at the time it occurred
225
Bills of Attainer
a law passed by Congress punishing an individual without a trial
226
Writ of Habeas Corpus
a document setting out reasons for an arrest or detention
227
Procedural due process
a judicial standard requiring that fairness be applied to all individuals equally.
228
Fourth Amendment - Warrant, Probable Cause, Exclusionary Rule
- Warrant - a document issued by a judge authorizing a search
- Probable cause - reasonable belief that a crime has been committed or that there is evidence of criminal activity
- Exclusionary rule - a rule that evidence obtained without a warrant is inadmissible in court
Established in Mapp v. Ohio (1961) ]
229
Double Jeopardy (Fifth A)
protects an individual acquitted of a crime from being charged with the same crime again in the same juristiction
230
Miranda Rights (Fifth A)
the right to remain silent and to have an attorney present during questioning: these rights must be given by police to individuals in custody suspected of criminal activity.
231
9th Amendment
It says that all the rights not listed in the Constitution belong to the people, not the government. In other words, the rights of the people are not limited to just the rights listed in the Constitution
Privacy and Roe v Wade and stuff
232
Griswold v. Connecticut (1965)
the Supreme Court stated for the first time that the Constitution protects the right of privacy.
Overturned Connecticut law outlawing contraceptives.
9th A
233
Lawrence v. Texas
the Court struck down a Texas sodomy law making same-sex sexual conduct illegal.
9th A
234
Civil Rights
protections for individuals from discrimination based on race, national origin, religion, sex, and other characteristics, ensuring equal treatment under the law.
235
Equal Protections Clause
Equal Protection Clause - clause of the Fourteenth Amendment that has been used to protect the civil rights of Americans from discrimination based on race, national origin, religioon, gendr, and other characteristics
236
15th Amendment
an amendment to the Constitution passed in 1870 granting voting rights to African American men
237
Legal Segregation
the separation by law of individuals based on their race
238
De Jure Segregation
the separation of individuals based on their characteristics, such as race, by law.
239
De Facto Segregation
a separation of individuals based on characteristics that arises not by law but because of other factors, such as residential housing patterns,
240
Affirmative Action
a policy designed to address the consequences of previous discrimination by providing special consideration to individuals based upon their characteristics, such as race or gender.
241
Brown v. Board of Education
supreme court ruled that de jure racial segregation vioates the equal protection clause of the Fourteenth Amendment.
Had to be implemented
The Supreme Court overruled the “seprate but equal” doctrine of Plessy v. Ferguson and ruled that de jure segregation in schools violates the equal protections clause of the Fourteenth Amendment.
242
“Letters from A Birmingham Jail”
Dr. Martin Luther King Jr. justified the civil rights movement by referring to natural rights.
243
Social Movement
large groups of citizens organizing for political change
244
Civil Disobedience
the inentional refusal to obey a law and to call attention to its injustice.
245
Civil Rights Act of 1964
legislation outlawing racial segregation in schools and public places and authorizing the attorney general to sue individual school districts that failed to desegregate
246
Voting Rights Act of 1965
legislation outlawing literacy ests and authorizing the Justice Department to send federal officers to register voters in uncooperative cities, counties, and states.
247
19th Amendment
a 1920 constututional amendemnt granting women the right to vote
248
Title IX of the Education Amendments of 1972
legislation prohibiting sex discrimination in schools receiving federal aid, which had the impact of increasing female participation on sports programs.
249
Political Culture
the dominant set of beliefs, customs, traditions, and values that define the relationship between citizens and the government.
250
Individualism
the belief that individuals should be responsible for themselves and the decisions they make.
251
Fed. 51
Explanation of checks and balances
Argument that checks and balances limit the power of the government and prevent it from taking away citizens’ rights
"If men were angels"
252
Fed. 78
Discussion of the independent judiciary
Argument that an independent judiciary prevents other branches of government from becoming too powerful and protects citizens’ rights and the rule of law
253
Laissez-faire , or Free enterprise
an economic system in which government intrudes as little as possible in the economic transactions among citizens and businesses.
254
rule of law
the principle that no one, including public officials, is above the law.
255
Political Socialization
the experiences and factors that shape an individual’s political values, attitudes, and behaviors
256
Political ideology
an individual’s coherent set of beliefs about government and politics
257
Generational Effect
the impact of historical events experienced by a generation upon their political views
258
Life-cycle Effect
the impact of a person’s age and stage in life on his or her political views
259
Globalization
the increasing interconnectedness of people, businesses, and countries throughout the world.
260
Public Opinion
the sum of individual attitudes about government, policies, and issue
261
Focus Group
a small group of individuals assembled for a conversation about specific issues
262
Scientific Poll
a representative poll of randomly selected respondents with a statistically significant sample size, using neutral language
263
Sample
a group of individuals from a larger population used to measure public opinion
264
Random Selection
a method of choosing all poll respondents in a way that does not over- or underrepresent any group of the population.
265
Representative sample
a sample that reflects the demographics of the population
266
Weighting
a procedure in which the survey is adjusted according to the demographics of the larger population
267
Sampling error
the margin of error in a poll, which usually is calculated to plus or minus three percentage points
268
Mass Survey
Mass survey - a survey designed to measure the opinions of the population, usually consisting of 1,500 responses
269
Entrance Survey
a poll conducted of people coming to an event
270
Exit Poll
a survey conducted outside a polling place in which individuals are asked who or what they just voted for and why
271
Benchmark Poll
a survey taken at the beginning of a political campaign in order to gauge support for a candidatee and determine which issues are important to voters
272
Tracking Poll
a survey determining the level of support for a candidate or an issue throughout a campaign
273
Random digit dialing
the use of telephone numbers randomly generated by computer to select potential survey respondents
274
What affects how poll questions are taken in? (A form of framing)
Question Order and Question Wording
275
Political Ideology
a set of beliefs about the desired goals and outcomes of a process of governance
276
Right vs Priviledge
Right - something guaranteed that the government cannot take away
Privilege - something a person may obtain or receive, but that the government can take away
277
Libertarianism
an ideology favoring very little government regulation and intervention beyond protecting private property and individual liberty
278
Liberalism
an ideology favoring less government control over social behavior and more greater regulation of businesses and of the economy
279
Conservatism
an ideology favoring more control of social behavior, fewer regulations on businesses, and less government interference in the economy.
280
Command-and-control-economy
economic policy in which government dictates much of a nation’s economic activity, including the amount of production and price for goods
281
Mixed economy
economic policy in which many economic decisions are left to individuals and businesses, with the government regulating economic activity
282
Gross Domestic Product (GDP)
rthe total value of goods and services produced by an economy
283
Economic Recession
a period of decline in economic activity, typically defined by two consecutive quarters of negative GDP growth
284
Consumer Price Index (CPI)
the cost of a fixed basket of goods and services over time, used to measure the cost of living
285
Fiscal Policy
government use of taxes and spendings to attempt to lower unemplyoment, support economic growth, and stabilize the economy
286
Monetary Theory
Use the money supply as a tool to influence economic growth and productivity
287
Keynesianism
Stimulate the economy during times of economic recession by spending money to encourage economic growth
288
Supply-Side Theory
Stimulate the economy by cutting taxes to encourage businesses to grow and taxpayers to spend more money
289
Federal Reserve System
a board of governors, Federal Reserve Banks, and member banks responsible for monetary policy
part of Monetary Policy
290
Monetary policy
a set of economic policy tools designed to regulate the amount of money in the economy
291
Medicare vs. Medicaid
MediCARE - the elderly + disabled
MedicAID - the poor
292
26th Amendment
allows those eighteen years and older to vote
Protects right to vote based on age for all people >18 years old
293
24th Amendment
prohibits Congress and the states fro imposing poll taxes as a condition for voting in federal elections
294
Rational Choice Voting
voting based on what a citizen believes is in their best interest
295
Party-line voting
voting for candidates hwo belong only to one political party for all of the offices on the ballot
296
17th Amendment
Direct election of Senators by states population (used to be chosen by state legislature) (so only extremely connected people - so super corrupt!!
297
19th Amendment
Expand voting rights to women (After civil activism campaigns)
298
24th Amendment
Forbids either federal or state government from establishing a tax to vote (aka poll taxes)
299
Superdelegates
usually a party leader or activist who is not pledged to a candidate based on the outcome of the state’s primary or caucus
300
Front-loading
a decision by a state to push its primary or caucus to a date as early in the election season as possible to gain more influence in the presidential nomination process
301
Proportional representation system
an election system for a legislature in which citizens vote for parties, rather than individuals, and parties are represented in the legislature according to the percentage of the vote they receive
302
Single-member plurality system
an election system for choosing members of the legislature where the winner is the candidate who receives the most votes, even if the candidate does not receive a majority of the votes
303
Amicus Curiae Brief
a brief filed by someone who is not a party to a case in an attempt to persuade the Court to agree with the aguments set forth in the brief
304
Media Consolidation
the concentration of ownership of the media into fewer corporations
Some efforts to regulate the news media have been focused on ownership; other have focused on content
literally succession
305
