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Created by:
willyswalrus11 on May 14, 2012
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330 terms
Terms | Definitions |
|---|---|
 Due Process of Law | Denies the government the right, without due process, to deprive people of life, liberty and property |
| Equal protection under the law | A standard of equal treatment that must be observed by the government |
| Fundamental/Preferred Rights | rights that are "principles of justice so rooted in the traditions and conscience of our people as to be ranked fundamental." |
| Selective Incorporation | Court cases that apply Bill of Rights to States |
| Prior Restraint | Censorship of a publication, rules telling someone what they can publish in advance. |
| Pentagon Papers Case | With the NYT and Nixon, this case dealt with the issue of prior restraint. Nixon wanted to censor NYT publication of classified papers, court ruled it didn't make a national security threat. |
| Clear and Present Danger Rule | Law should not punish speech unless there was a clear and present danger of producing harmful cations. |
| Libel/slander | Writing that falsely injures another person. |
| Symbolic Speech | An act that conveys a political message |
| Miller v. California (1973) | Obscenity defined as appealing to prurient interests of an average person with materials that lack literary, artistic, political or scientific value. |
| Texas v. Johnson (1989) | There may not be a law to ban flag-burning |
| Wall of separation | Court ruling that government cannot be involved with religion. NOT IN CONSTITUTION. |
| Lemon Test - Lemon v. Kurtzman | Three tests are described for deciding whether the government is improperly involved with religion. 1) Has a secular purpose. 2) Its primary effect neither advances nor inhibits religion. 3) It does not foster an excessive government entanglement with religion. |
| Engel v. Vitale (1962) | There many not be a prayer, even a nondenominational one, in public schools |
| Mapp v. Ohio (1961) | Exclusionary rule is incorporated to include all courts- state and federal. |
| Exclusionary Rule | Improperly gathered evidence may not be introduced in a criminal trial. |
| Search Warrant | A judge's order authorizing a search |
| Probable Cause | Reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion. |
| Miranda v. Arizona | Deals with your rights while in custody. You must be read your rights while in custody. |
| Escobedo v. Illinois | You have the right to remain silent. |
| Good faith exception | An error in gathering evidence, sufficiently minor, that it may be used in a trial. |
| Palko v. Connecticut (1937) | Certain rights must be observed by all states. Certain rights apply to the states |
| Schenck v. US | Established the clear and present danger test to declare whether a law should not punish speech unless there was a danger of harm. |
| National Socialist Party v. Skokie | Nazi party had a constitutional right to speak and parade peacefully through a really Jewish town. No harm, no foul. |
| Brandenburg Case | Any speech that does not call for illegal action is protected, and even speech that does call for illegal action is protected if the cation is not "imminent", or there is belief the listeners won't do anything. |
| Reynolds v. US (1878) | Polygamy is illegal. Reynolds married another wife. Anti-polygamy law is fine. |
| New York Times v. Sullivan (1964) | To libel a public figure, there must be actual malice intended. |
| Hazelwood v. School District | schools can censor the newspaper, since kids aren't "full people" |
| activist approach | An approach to judicial review which holds that judges should discover the general principles underlying the Constitution and its often vague language, amplify those principles on the basis of some moral or economic philosophy, and apply them to cases. |
| amicus curiae | A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side. |
| brief | A legal document submitted by lawyers to courts. It sets forth the facts of a case, summarizes any lower court decisions on the case, gives the arguments for the side represented by the lawyer filing the brief, and discusses decisions in other cases that bear on the issue. |
| class-action suit | A case brought into court by a person on behalf of not only himself or herself but all other persons in similar circumstances. |
| concurring opinion | An opinion by one or more justices who agree with the majority's conclusion but for different reasons that they wish to express. |
| conservative/strict constructionist bloc | One of three groups of justices in the 1970s and 1980s, including Chief justice Warren Burger, who took a consistently conservative position on issues. |
| constitutional court | Lower federal courts created by Congress which exercise the judicial powers delineated in Article III of the Constitution. |
| courts of appeals | The federal courts that have the authority to review decisions by federal district courts, regulatory commissions, and certain other federal courts. Such courts have no original jurisdiction; they can hear only appeals. |
| dissenting opinion | The opinion of the justices on the losing side. |
| district courts | The lowest federal courts where federal cases begin. They are the only federal courts where trials are held. |
| in forma pauperis | A petition filed with the U.S. Supreme Court by an indigent person. The normal $300 filing fee is waived for such petitions. |
| judicial review | The right of federal courts to declare laws of Congress and acts of the executive branch void and unenforceable if they are judged to be in conflict with the Constitution. |
| legislative court | A lower federal court created by Congress for specialized purposes. These justices have fixed terms of office, can be removed from office, and may have their salaries reduced while in office. |
| litmus test | A test of ideological purity used by recent presidents in selecting and senators in confirming judges to nominate to federal courts. |
| Marbury v. Madison | A decision of the Supreme Court written by Chief justice John Marshall in 1803 which interpreted the Constitution as giving the Supreme Court the power to declare an act of Congress unconstitutional. This decision is the foundation of the federal judiciary's power of judicial review. |
| plaintiff | The party that initiates a suit in law. |
| political question | An issue that the Court refuses to consider because it believes the Constitution has left it entirely to another branch to decide. Its view of such issues may change over time, however. |
| senatorial courtesy | The tradition by which the Senate will not confirm a district court judge if the senator who is from that state and of the president's party objects. |
| strict constructionist approach | An approach to judicial review which holds that judges should confine themselves to applying those rules that are stated in or clearly implied by the language of the Constitution. |
| writ of certiorari | An order issued by the Supreme Court granting a hearing to an appeal. A vote of four justices is needed to issue the writ. Only about 3 or 4 percent of all appeals are accepted. |
| diversity cases | Jurisdiction conferred by the Constitution on federal courts to hear cases involving citizens of different states. The matter, however, must involve more than $50,000, and even then the parties have the option of commencing the suit in state court. |
| simple resolution | An expression of opinion either in the House or Senate to settle procedural matters in either body |
| concurrent resolution | An expression of opinion without the force of law that requires the approval of both the House and the Senate, but not the president |
| bill | a proposed law presented to a legislative body for consideration |
| discharge petition | A device by which any member of the House, after a committee has had the bill for 30 days, may petition to have it brought to the floor |
| closed rule (on a bill) | An order from the House RUles Committee that sets a time limit on debate; forbids a bill from being amended on the floor |
| open rule (on a bill) | An order from the House Rules Committee that permits a bill to be amended on the floor |
| quorum | The minimum umber of members who must be present for business to be conducted in Congress |
| quorum call | A roll call in either house of Congress to see whether the minimum number of representatives required to conduct business is present |
| rider | Informal term for a nongermane amendment to a bill or an amendment to an appropriation bill that changes the permanent law governing a program funded by the bill. |
| Christmas tree bill | a political term referring to a bill that attracts many, often unrelated, floor amendments |
| cloture rule | A rule used by the Senate to end or limit debate |
| voice vote | A congressional voting procedure in which members shout "yea" in approval or "nay" in disapproval, permitting members to vote quickly or anonymously on bills |
| roll call vote | A congressional voting procedure that consists of members answering "yea" or "nay" to their names |
| division vote (division of the chamber) | A congressional voting procedure in which members stand and are counted |
| pork barrel legislation/earmarks | Legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return |
| log rolling | A practice common in the U.S. Congress and in many other legislative assemblies in which two (or more) legislators agree for each to trade his vote on one bill he cares little about in exchange for the other's vote on a bill that is personally much more important to him. |
| franking privilege | the ability of members to mail letters to their constituents free of charge by substituting their facsimile signature for postage |
| ways and means committee | a permanent committee of the United States House of Representatives that makes recommendations to the US House on all bills that would raise revenue |
| Judiciary Committee | Senate committee charged with weighing a presidential nominee to the Supreme Court, as well as all other nominees to the federal bench, and making a recommendation to the whole Senate as to whether the nominee should be confirmed. |
| Gridlock | The inability of the government to act because rival parties control different parts of the government |
| President pro term | An honorific position in the Senate who is the leading officer when the vice president isn't there. It's usually given to the seniority, and he is the head when the vice president isn't there |
| Blue Dogs | An intraparty caucus known as the Coalition, full of moderate to conservative members who favor "middle of the road" policies, especially on welfare and budget issues. |
| Political polarization | process by which the public opinion divides and goes to the extremes. It can also refer to when the extreme factions of a political party gain dominance in a party. |
| Partisanship | bias towards a certain party |
| bicameral legislature | A lawmaking body made up of two chambers or parts |
| filibuster | An attempt to defeat a bill in the Senate by talking indefinitely, thus preventing the Senate from taking action to the bill |
| marginal district | A district where the incumbent wins by less than 55% of the vote |
| safe district | A district where the incumbent wins by more than 55% of the vote in reelection |
| Malapportionment and the Reapportionment Act of 1929 | Drawing the boundaries of legislative districts so that they are unequal in population |
| Baker v. Carr (1962) | This case allowed the federal courts to get involved in re-apportionment disputes that had previously been ruled as a state issue. Opened the door to the federal courts. |
| Wesbury v. Sanders (1963) | Districts must be equal in population. 1 person for 1 vote. |
| Shaw v. Reno (1993) | there must be a compelling government interest to draw lines that aid one group |
| gerrymandering | Drawing the boundaries of legislative districts in bizarre or unusual shapes to favor one party |
| descriptive representation | the idea that an elected body should mirror demographically the population it represents |
| substantive representation | The correspondence between legislators' opinions and those of their constituents |
| sophmore surge | An increase in the votes congressional candidates usually get when they first run for reelection |
| majority leader (both chambers) | The legislative leader elected by party members holding the majority of seats in the House or the Senate |
| party whip | A senator or representative who helps the party leader stay informed about what party members are thinking |
| party unity vote | a roll-call vote in the House or Senate in which at least 50% of the members of one party take a particular position and are opposed by at least 50% of the members of the other party |
| congressional caucus | An association of Congress members created to advance a political ideology or a regional, ethnic, or economic interest |
| standing committee (permanent subject committee) | Permanently established legislative committees that consider and are responsible for legislation within a certain subject area |
| select committee | Congressional committees appointed for a limited time and purpose |
| joint committee | committees on which both senators and representatives serve |
| conference committee | a joint committee appointed to resolve differences in the Senate and House versions of the same bill |
| Citizens United Case (2010) | the First Amendment prohibits government from censoring political broadcasts in candidate elections when those broadcasts are funded by corporations or unions |
| US v. Lopez (1995) | Limited the commerce clause, Kid bringing gun to school did not affect commerce clause |
| Gibbons v. Ogden | Steamboat Company cannot have monopoly because it affects interstate commerce |
| Wickard v. Filburn | Farmer growing too much wheat is taxed because it affects interstate commerce |
| US v. Morrison (1994) | Girl was raped by football players. Showed that there needed to be a line for commerce clause. Congress cannot enact law for protection of women based on commerce clause |
| Printz v. US | Must have background check on gun purchasers to check for felonies |
| Gonzales v. Raich | Medical Marijuana is taken by government because it affects the national marijuana market under the commerce clause |
| McCullock v. Maryland (1819) | Expanded power of the National government, Federal bank case |
| Buckley v. Valeo | a case in which the Supreme Court of the United States upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech. The court also stated candidates can give unlimited amounts of money to their own campaigns. |
| Writ of habeas corpus | an order for an arrested person to appear before a judge |
| bill of attainder | a law that declares a person, without a trial, to be guilty of a crime |
| political efficacy | a belief that you can take part in politics (internal efficacy) or that the government will respond to the citizenry (external efficacy) |
| interest group | An organization of like minded people seeking to affect public policy |
| information | Gathered by Lobbyists who find information mostly from other groups who share strong interest in the same issue. |
| political cues | A signal telling a legislator what values are in stake in a vote, and how that affects the political agenda. Who is for and who is against a proposal. |
| ratings | Assessments of a representatives voting record on an issue important to an interest group |
| outsider strategy | strategy of lobbyists that work closely with a few key members of Congress, meeting them privately to exchange information and favors |
| insider strategy | Aimed at changing public opinion strategy involves media advertising designed to educate the public or letter writing phone and fax campaigns designed to impress public officials |
| grass roots lobbying | trying to influence public policy indirectly by mobilizing an interest group's membership and the broader public to contact elected officials. |
| four prominent interest groups | NRA (National Rifle Association)- Gun Control AARP- Senior Citizens Sierra Club- Environmental Issues NAACP- African American Rights |
| free rider problem | when an interest group that serves people is successful, non-members and members reap the same benefits, so the economically logical thing to do is not join |
| ideological interest groups | political organizations that attract members by appealing to their political convictions or principles |
| public interest lobbies | a political organization whose goals will principally benefit non-members |
| direct mail "teaser" | putting a teaser on the envelope so that it won't be thrown out as "junk mail" when received, If to a black voter, Martin Luther King Jr. |
| incentive | something that only an organization can give to you if you become a member |
| material incentive | money or valuable things that you recieve if your a member |
| political cue | signals that a lobbyist gives a legislator about which values are at stake in a vote and how the issue fits into their own political agenda |
| purpose incentive | a benefit that comes from serving a cause or principle |
| "revolving door" | former government officials that become Lobbyists |
| conflict of interest | a situation in which a public official's decisions are influenced by the officals personl interest |
| lobbying | seeking to influence a politician or public official on an issue |
| political efficacy | a theoretical concept used to explain political behavior |
| litigation | a legal proceeding in a court |
| The Heritage Foundation | Conservative American thinktank |
| The Brookings Institution | a non-profit policy organization |
| trade groups | an organization funded by businesses that operate in a specific industry |
| Gaffe | social blunder |
| 527 organizations | Organizations that, under section 527 of the Internal Revenue Code, raise and spend money to advance political causes |
| incumbent | the official who holds an office |
| coattails | the alleged tendency of candidates to win more votes in an election because of the presence at the top of the ticket of a better-known candidate, such as the president |
| political action committee | a committee set up by a corporation, labor union, or interest group that raises & spends campaign money from voluntary donations |
| position issues | an issue about which the public is divided and rival candidates or political parties adopt different policy positions |
| valence issues | an issue about which the public is united and rival candidates or political parties adopt similar positions in hopes that each will be thought to best represent those widely shared beliefs |
| primary election | a preliminary election where delegates or nominees are chosen |
| closed primary | a primary in which only registered members of a particular political party can vote |
| open primary | a primary election in which voters may choose in which party to vote as they enter the polling place |
| general election | an election held to choose which candidate will hold office |
| runoff primary | A second primary election held when no candidate wins a majority of the votes in the first primary |
| soft money | funds obtained by political parties that are spent on party activities, such as get-out-the-vote drives, but not on behalf of a specific candidate |
| independent expenditures | Spending by political action committees, corporations, or labor unions that is done to help a party or candidate but is done independently of them. |
| prospective voting | voting for a candidate because you favor his or her ideas for handling issues |
| retrospective voting | voting for a candidate because you like his or her past actions in office |
| caucus | A meeting of local party members to choose party officials or candidates for public office and to decide the platform. |
| stump speech | political oratory |
| FEC | Federal Election Commission, issues regulations & adviosry opinions that control PAC activities |
| Bundlers | somebody who takes donations, puts them together, and gives them to the candidate |
| super pac | A PAC to which corporations, unions, and other organizations can donate freely |
| Citizens united case | the First Amendment prohibits government from censoring political broadcasts in candidate elections when those broadcasts are funded by corporations or unions |
| Buckley v. Valeo | a case in which the Supreme Court of the United States upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech. The court also stated candidates can give unlimited amounts of money to their own campaigns. |
| Political Party | A group that seeks to elect candidates to political office |
| National Congressional Campaign Committee | A party committee in congress that provides funds to members and would-be members |
| Critical or realignment period | Period in which a major lasting shift occurs in support for one political party due to a wedge issue. |
| Ideological Party | A party that values principled stands on issues above all else |
| Factional Party | Parties that are created by the split in a major political party, usually over the philosophy of the major party's presidential candidate |
| One Issue or Single Issue Party | Party that focuses on one issue. Usually can be identified by their name |
| Economic Protest Party | Parties usually based in a specific region. Especially farmers that protest depressed economic conditions. Usually disappear when conditions get better |
| National Committee (RNC or DNC) | Delegates who run party affairs between national conventions |
| National Convention | A meeting of party delegates held every four years. At this, they elect who will be running for president |
| Delegates (to the National Convention) | A person sent or authorized to represent others, in particular, an elected representative sent to a conference |
| Two Party System | An electoral system that has two dominant parties that compete in national elections |
| Multi Party System | a system where there are large amounts of major and minor political parties that all hold a serious chance of receiving office, and because they all compete, a majority may not come to be, forcing the creation of a coalition. |
| Plurality system of elections | An electoral system in which the winner is the person who gets the most votes, even if he or she does not receive a majority; used in almost all American elections |
| Split Ticket Voting | Voting for candidates of different parties for various offices in the same election |
| Straight Ticket Voting | Voting for candidates who are all of the same party |
| Office-Block Ballot | A ballot listing all candidates of a given office under the name of that office; also called a "Massachusetts" ballot |
| Party column ballot | A ballot listing all candidates of a given party together under the name of that party; also called an "Indiana" ballot |
| The Seven Dwarfs | Name for the 7 candidates for the Democratic Presidential Primary. All weak candidates |
| Party Base | A group of people that associate themselves with a certain party. They are usually living in a state that is red or blue, and they fit into the social classes that the certain party aims to attract. Ex. from the 1896 to the 1930's, Northern States were Republican and Southern States were Democratic. |
| Primary Election | Done by voters to decide who runs for office. We elect who will run. |
| The Democratic Leadership Council | A group of people who argued that the Democratic Party should move away from the leftward turn it took in the 60s, 70s and 80s. |
| Swing Voter or Independent | Voters who have no real party association, and their voting can change the outcome of an election |
| Party Platform | A list of actions that the party supports in order to get people to vote for them. |
| Superdelegates | Party leaders and elected officials who become delegates to the national convention without having to run in primaries or caucuses |
| Party Label | Used to identify with a certain political party or group. Shows what party stands for. |
| National Chairman | Day to day party manager elected by the national committee. ( Republican and Democratic leaders) |
| the electorate | people chosen to cast each states votes in a presidential election |
| Voting Age Population (VAP) | citizens who are eligible to vote after reaching the minimum age requirement |
| The Suffrage | womens right to vote |
| Apathy | absence or suppression of passion, emotion or excitement |
| Same Day Registration | allows eligible citizens to register to vote on election day |
| Registered Voters | people who have registered to vote |
| Motor Voter Act | enables prospective voters to register when they obtain or renew a drivers license. Passed in 1993 |
| Absentee Vote | participation in an election by qualified voters who are permitted to mail in their ballots |
| Literacy Test | Requirement that citizens had to pass a literacy test in order to be able to vote (Affected mostly illiterate blacks) |
| Grandfather Clause | People who cannot meet requirements to vote could vote if their ancestors voted before 1867 |
| Poll Tax | Citizens must pay a tax in order to vote |
| White Primary | Practice of keeping blacks from voting by use of registration requirements and intimidation |
| Voting Rights Act of 1965 | Suspended literacy tests and authorized federal examiners to regulate polls and allow blacks to vote in states where population voting was under 50% |
| 15th Amendment | Cannot disallow someone to vote based on race |
| 19th Amendement | Gave women the right to vote |
| 23rd Amendment | district of columbia gets electoral vote |
| 26th Amendment | 18-year olds have the right to vote |
| Australian Ballot | gov't printed ballot of uniform dimensions to be cast in secret. It was implemented in 1890 in order to decrease fraud |
| In-actives | 22% of the population: these people rarely vote, they are not involved in organizations and don't talk politics |
| Activists | 11% of the population: these people tend to participate in all forms of politics |
| Voting Specialists | people who vote but do little else, not much schooling or income and they tend to be older |
| Campaigners | these people not only vote, but they get involved in campaigns. These people are better educated, interested in politics, they have a clear political party and they take strong positions on issues |
| Federal Election Day | 1st Tuesday after the 1st Monday of November every even year |
| Voting Eligible Population (VEP) | people who are eligible to vote. Excludes: prisoners, felons, aliens etc. |
| So called "red" and "blue" states | States whose registered voters usually vote either Republican "red" or Democrat "blue" |
| Social Status | someone's position in a social hierarchy |
| Gender Gap | Difference in political views between men and women |
| Poll | A survey of public opinion |
| Scientific Sample | A group of people who have been selected from each main demographic. Each person has an equal chance of being in the sample. Sample size is about 1,000-1,500 |
| Sampling Error | +/- 3% or 4% |
| Liberal | open to new behavior or opinions |
| Conservative | holding traditional values |
| Libertarian | conservative on economic matters and liberal on social ones. They want a small, weak government |
| Populist | Liberal on economic matters and conservative on social ones. Reduce inequality and control business, but regulate personal conduct |
| Moderates | a person who holds moderate views |
| Political Ideology | a consistent set of political beliefs concerning government's role in economic and social issues |
| Political Elite | persons with a disproportionate share of political power |
| Political Cleavages | A split in public opinion based on a demographic factor. Non-economic issues, usually determine party allegiance |
| the "Silent Majority" | large amount of people who don't voice their opinions publicly |
| Christian Right | is a collective term used for a variety of Christian groups that support socially conservative policies (such as opposition to therapeutic abortion or divorce) |
| Political Socialization | the process by which background traits influence one's political views |
| Ideological consistency | Consistent set of political belief concerning government's role in economic and social issues |
| The gallup organization and the pew center for the people and the press | an independent, non-partisan public opinion research organization that studies attitudes toward politics, the press and public policy issues. |
| Soccer Mom | Mom whose job is to take care of the family. Supported Clinton |
| Security Mom | Mom who is worried about the security of her family. Bush increased women voters. 9/11 |
| Wedge Issues | Usually Social Issues that make the difference in an election. For example abortion, education, medicare, Israel, etc. |
| Exit Poll | A poll taken of a sample of voters as they leave a polling place, used especially to predict the outcome of an election or determine the opinions and characteristics of the candidates' supporters. |
| Opinion Saliency | Some issues or choices are pretty steady and some are more volatile(easily changed) |
| Opinion Stability | Opinions are in sync with the popular views |
| Opinion-policy congruence | Opinions are significantly out of sync |
| devolution | the transfer of powers and responsibilities from the federal government to the states |
| block grants | Money from the national government that states can spend within broad guidelines determined by Washington |
| federalism | a system in which power is divided between the national and state governments |
| layer cake federalism/dual federalism | doctrine holding that the national governement is supreme in its sphere, the states are supreme in theirs, and the 2 should be kept seperate |
| fiscal federalism/marble cake federalism | The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments. |
| unitary system | one soveriegnty fully controls the national gov't, so that the states are dependent on it |
| sovereignty | supreme/ultimate political authority; legally and independent from any gov't |
| confederations | power held by independent states |
| "necessary and proper clause" | section of the Constituion allowing Congress to pass all laws that are "necessary and proper" for the country. Expanded Congress's power |
| nullification | the doctrine that states a state can not uphold a law that they think is unconstitutional |
| grants in aid | money from the Fed. gov't to states |
| categorical grants | federal grants for specific purpose, ex. building an airport |
| revenue sharing | federal sharing of a fixed percentage of its revenue with the states |
| conditions of aid | term set by the national gov't that states must meet certain guidelines if they are to receive certain funds |
| unfunded mandates | mandates (state has to enforce) that come with no federal money |
| funded mandates | mandates (state has to enforce) that comes with federal money |
| original intent (of the Constitution) | The judiciary is not supposed to create, amend or repeal laws but only to uphold them. |
| full faith and credit | addresses the duties that states within the United States have to respect the public acts, records, and judicial proceedings of every other state. |
| Commerce Clause | Enumerated power that congress has the power to regulate commerce between all foreign nations and between the states. |
| McCullock v. Maryland (1819) | Expanded power of the National government, Federal bank case |
| enumerated powers/delegated powers | Powers listed in the Constitution given to the government |
| reserved powers | Powers left to the state government protected by 10th amendment |
| US v. Lopez (1995) | Limited the commerce clause, Kid bringing gun to school did not affect commerce clause |
| Gibbons v. Ogden | Steamboat Company cannot have monopoly because it affects interstate commerce |
| Wickard v. Filburn | Farmer growing too much wheat is taxed because it affects interstate commerce |
| Entitlement | Programs supported by the government such as welfare and medicare |
| US v. Morrison (1994) | Girl was raped by football players. Showed that there needed to be a line for commerce clause. Congress cannot enact law for protection of women based on commerce clause |
| Printz v. US | Must have background check on gun purchasers to check for felonies |
| Gonzales v. Raich | Medical Marijuana is taken by government because it affects the national marijuana market under the commerce clause |
| Police power of the states | Capacity of the states to regulate behavior and enforce order within their territory for the betterment of the general welfare, morals, health, and safety of their inhabitants |
| Initiative | means by which a petition signed by a certain minimum number of registered voters |
| Supremacy Clause | Declares that the Constitution, laws, and treaties of the Federal government are the supreme law of the land. |
| Federalism | a balance between diversity and unity in public policy |
| What does federalism allow? | uniform national policy and diverse state polices |
| Examples of Uniform policies | Civil Rights, Pollution Laws |
| Example of Diverse Policies | Speed limits, sales tax, education, water use laws |
| Unitary System | one central government, no sovereign sub units |
| Confederation | a weak union of states |
| Pluralism | -many elected officials -many elected/independent government bodies -many factions/interest groups -more points of political access ex. state, national and local |
| NIMBY | Not In My Back Yard Can only happen in a federal system |
| Phase 1 of Federalism | States Rights v. Federalists/Nationalists -1787-1865 -Nullification Controversy: states claimed power to void national law if the law went against a states interest -Extent of federal power under the Commerce Clause of the Constitution -"Elastic Language" in Constitution |
| Necessary and Proper Clause | national government has all power necessary to implement the enumerated powers ex. Congress can form an army |
| Article 6 | Supremacy Laws: Constitution is supreme |
| McCulloch v. Maryland 1819 | Necessary and Proper Clause used here. This ruling greatly expanded the power of the national government. States can't tax national bank. National bank is constitutional. |
| Dual Federalism | -1865-1933. There is a clear and distinct separation between the states and the national government. -Big Problem: What power does each layer have? |
| Interstate Commerce | ... |
| Unalienable Rights | a human right based on nature or god. Famers considered these to be violated during the British rule. |
| Declaration of Independence: | Declared American independence from Britain. Written by Jefferson. |
| Articles Of Confederation | A weak Constitution that governed America during the Revolutionary war |
| Constitutional Convention | Meeting in Philadelphia in 1787 that produced a new constitution. Leaders of the states met to fix the Article Of Confederation |
| Shays Rebellion | A 1787 rebellion in which ex-Revolutionary War soldiers attempted to prevent foreclosures of farms as a result of high interest rates and taxes. Jefferson thought it was a good thing but it showed how weak the Article Of Confederations was |
| Virginia Plan | Proposal to reate a strong national government |
| New Jersey Plan | Proposal to create a weak national government. New Jersey was scared large states would have an advantage |
| Great Compromise | Plan to have a popularly elected House based on state population and a state-elected Senate, two senators from each state |
| Separation of power | keeps the 3 branches of government in check |
| Checks and balances | authority shared by the 3 branches of the government |
| Judicial Review | the power f the courts to declare something unconstitutional. They translate laws into present times |
| Republic | A government in which elected representatives make the decisions |
| Federalism | Government authority shared by national and state governments |
| Faction | A group with a distinct political interest |
| Federalist Papers | Hamilton, Jay and Madison wrote essays in the New York City newspapers to explain the newly written Constitution to the people |
| Federalists | Those who favor a stronger national government |
| Anti-Federalists | Those who favor a weaker national government |
| Coalition | An alliance of factions |
| Rit of habeas corpus | an order for an arrested person to appear before a judge |
| Bill of attainder | a law that declares a person, without a trial, to be guilty of a crime |
| Ex post facto law | a law that makes an act criminal although the act was legal when it was committed |
| Bill of Rights | First ten amendments to the Constitution |
| Amendment | A new addition to the Constitution that has been ratified by the states |
| Line item veto | An executives ability to block a particular provision in a bill passed by the legislature |
| Congressional Oversight | Congress can investigate a ruling or bill |
| Limited Government | A political system in which legalized force is restricted through delegated and enumerated powers. Constitution is used to help support this. For example checks and balances and separation of powers. |
| Constitution | Foundation of American government in which the framers outlined the "laws" of the government to protect and insure rights of citizens. |
| Federalist 10 | Essay about how to control factions |
| Federalist 39 | Essay about how the constitution created a federal government for the people |
| Federalist 51 | Government by coalitions |
| John Locke | People are rational enough to create a democratic government and rule themselves. Spoke of Natural Rights. |
| Thomas Hobbes | There is a need for an absolute sovereign to rule because people always seek their own interests at the expense of others. |
| Enumerated Powers | Government powers that are listed in the constitution. Article 1 section 8 |
| Reserved Powers | Powers left to the state. Regulate health, morals, safety welfare |
| Concurrent Powers | Powers shared by both state and national government. For example taxation. |
| power | the ability of one person to get another person to act in accordance with the first person's intentions |
| authority | the right to use power |
| legitimacy: | what gives one the right to use power |
| democracy | "the rule of the many", a political system in which the supreme power lies in a body of citizens who can elect people to represent them |
| direct or participatory democracy | when a government is run by the people; decisions are made by the people in the nation |
| representative democracy | elites are given power by the people to govern over them and make decisions for the people they govern |
| . majoritarian politics | A policy in which almost everybody benefits and almost everybody pays |
| Marxist theory | government, even if democratic in form, is merely a reflection of underlying economic forces. Two main classes: bourgeoisie and proletariat) |
| elites and the power elite theory | an identifiable group of persons who possess a disproportionate share of some valued resource-in this case, political power. Power elite theory is the thought that elite business owners dominate the government even though they haven't been elected to do so |
| . bureaucratic theory | power is in the hands of non-elected officials in the government, and they translate public laws into administrative actions. They make the public policies |
| pluralism and the pluralist theory | no single elite has a chokehold on the government. The US political system has so many levels of power that no group could dominate it. Everyone can affect the outcome of a decision |
| exploitation | use or utilization, especially for profit |
| public policy | the principles on which social laws are based |
| Liberal | open to new behavior or opinions and willing to discard traditional values |
| Conservative | holding traditional values |
| hyper-pluralism | many groups are so strong the government can't function |
| Linkage institution | : structure within society that connects people to the government. Elections, interest groups, media etc. |
| . initiative | the right to pass a new bill |
| referendum | a vote on a measure already passed |
| recall | to call back |
| Civil Society | a complex network of voluntary associations, economic groups, religious organizations, and many other kinds of groups that exist independently from the government |
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