American Politics Exam 1

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politics

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the process through which individuals and groups reach agreement on a course of common or collective action even as they disagree on the intended goals of the action

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bargaining and compromise

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-are required for success in politics
-where the issues are simple and the participants know and trust one another bargaining may be all that is needed for the group to reach a collective decision

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preferences

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-"givens"
-individuals and groups know what they want they must be reconciled if they are to agree to some common course of action
-may reflect the individuals economic situation, religious values, ethnic identity, or some other valued interest

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constitution

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establishes its governing institutions and the set of rules and procedures these institutions must (and must not) follow to reach and enforce collective agreements

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government

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consists of institutions like the constitution and the legally prescribed process for making and enforcing collective agreements, may assume various forms including a monarchy, a representative democracy, a theocracy (a government of religious leaders, or a dictatorship)

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offices

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government institutions consist of offices that confer on their occupants specific authority and responsibility

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authority

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the acknowledged right to make a particular decision, ex: only presidents with “authority” to nominate federal judges however a majority of the senate’s membership retains sole authority to actually “confirm” these appointments and allow the nominees to take office

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power

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related to authority but broader, refers to an officeholders actual influence with other officeholders over the government’s actions

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institutional durability

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institutions are by no means immutable but they tend to resist change for several reasons

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collective action

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the efforts of a group to reach and implement agreements

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coordination

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the simplest to overcome, members of a group must decide individually what they want and what they are prepared to contribute to the collective enterprise and how to coordinate their efforts with those of others

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prisoners dilemma

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- arises whenever individuals decide that even though they support some collective undertaking they are undermining the collective effort, the individual who would benefit from cooperating with each other has a powerful and irresistible incentive to break the agreement and exploit the other side

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focal point

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a critical ingredient in their success lies in identifying this to target their energies towards a common purpose

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Thomas Hobbes

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wrote Leviathan, argued that the English monarch was a necessary guarantor of collective agreements, he said since the king and his family got their money directly from taxes they would want the nation to be successful so they would be wealthy

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zero sum

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one party’s gain is the other party’s loss and the politics may break down

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free-rider problem

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a form of prisoner’s dilemma that afflicts larger groups, to defect from the agreement by withholding a contribution to the groups undertaking while enjoying the benefits of the collective effort, arises whenever citizens recognize that their small contribution to the collective enterprise will not affect its success or failure and because contributing is somewhat costly they decide not to make the effort

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tragedy of the commons

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another form of prisoners dilemma, resembles free riding because a large number of participants encourages each to renege on contributions to the exploitation is not brought under control

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privatize

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solves the tragedy of the commons, privatize the collective good, aligns personal gain with promotion of the collective good

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transaction costs

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the time, effort, and resources required to make collective decisions

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conformity costs

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range from ordinary tasks such as paying property taxes to extraordinary sacrifices such as serving in Iraq away from home and family

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command

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command authority gives its holder comprehensive control of those within the scope of its authority, cuts through both coordination and prisoners dilemma problems by conferring the authority to impose a solution regardless of the preferences of others-a solution that invariably favors the authority’s preferences over those who must comply with its edicts

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vetoes

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embodies the right of an official or institution to say “no” to a proposal from another official or institution

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agenda control

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involved both positive and negative authority, the agenda setter can propose a course of action and the agenda controller thus limits the choices available to the collectivity

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majority rule

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the most prominent option in classical democratic theory, normally this term refers to a “simple majority” or one-half plus one, embodies the hallowed democratic principle of political equality
(simple majority=1/2 plus 1)

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plurality rule

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the candidate receiving the most votes regardless where the plurality reaches the majority

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principals and agents

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p-those who possess decision making authority

a-who then exercize it on behalf of their principles

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agency loss

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the discrepancy between what a principal would ideally like and what the agents actually do

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republic

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designed to allow some degree of popular control while avoiding tyranny

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parliamentary government

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many varieties exist but all lodge decisive authority in a popularly elected legislature whose actions are not subject to the same sever checks by executive and judicial vetoes
-includes a cabinet which is a team of executives elected by the legislature

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politicians

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specialize in discovering collective enterprises that unite citizens with different values and interests

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private goods

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things people buy and consume themselves in a marketplace that supplies these goods according to the demand for them

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public goods

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everyone participates in supplying (for example through tax dollars) which anyone can freely consume as much as he or she desires

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externalities

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public goods that are generated as a byproduct of peoples private activities

aka "public bads"

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antifederalists

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favored states rights and the idea of each state being in charge of themselves for the most part, rejected a national government

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articles of confederation

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a revision of the constitution

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articles of confederation

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a revision of the constitution

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bicameral legislature

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two chamber legislatures

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bill of rights

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created and conferred powers of the several branches of government, Framers solved the most serious collective action dilemmas confronting the young nation (including trade)

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checks and balances

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how the separate branches of government (judicial, legislative, and executive branch) keep an eye on each other

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commerce clause

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greatly expanded the new congress and the national governments sphere of action

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confederation

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the first constitution created this, a highly decentralized system in which the national government derives limited authority from the states rather than directly from citizens

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declaration of independence

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freed America from British control

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electoral college

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tries to mix state, congressional, and popular participation in the election process and in doing so has managed to confuse citizens from more than two hundred years

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faction

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a number of citizens whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion or of interest adverse to the rights of other citizens or to the permanent and aggregate interests of the community

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federalists

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nationalism, wanted a common government that all states abided by

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great compromise

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two chamber legislature with low chamber (H of reps) representation based on population and upper chamber (senate) representation equal for every state, authority to levy taxes reserved to the lower chamber

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home rule

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colonists run themselves however they please while protected by the British army

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judicial review

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the extent of the courts authority to overturn federal laws and executive actions as unconstitutional

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logroll

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a standard bargaining strategy in which two sides swap support for dissimilar policies

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nationalist

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promoting the cause of constitutional reform (Hamilton, Washington)

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necessary and proper clause

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left the door open for a major expansion of Congresses’ legislative power and the nationalization of public policy during the twentieth century

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new jersey plan

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satisfied the requirement of states’ rights but failed to propose the organization of the executive or judiciary branch and continued to give states one vote

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pluralism

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welcomes society’s numerous diverse interests and generally endorses the idea that those comparing interests most affected by a public policy will have the greatest say in what the policy will be

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popular sovereignty

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citizens delegation of authority to their agents in government with the ability to rescind the authority

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shays rebellion

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mobilized the states behind constitutional reform, farmers unhappy with debts they owed

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states rights

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control be decided by state, limited national government simply as an organizer

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supremacy clause

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declares that national laws take precedence over state laws when both properly discharge their governments’ respective responsibilities

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take care clause

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allows the president to undertake whatever actions the nation’s well-being requires and is not expressly forbidden by the Constitution or public law

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presidential veto

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a negative action which would allow the executive to perform a “checking” function on the legislature

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Virginia plan

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succeeded in shifting the deliberations from patching up the confederation to considering anew the requirements of a national union, bicameral national legislature was the centerpiece of the plan

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externality

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an effect felt by more people than just the one who chose to cause it

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federalism

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hybrid arrangement that mixes of a confederation in which lower-level governments possess primary authority and a unitary government

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unitary government

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the national government monopolizes constitutional authority, may decentralize its power by delegating some decisions and administration to a lower government entity but the constitutional system remains unitary

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dual federalism

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the simplest possible arrangement leaving the states and the national government to preside over mutually exclusive “spheres of sovereignty”

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shared federalism

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recognizes that national and state governments jointly supply services to the citizenry

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nationalization

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shifted the “indefinite” authority Madison assigned to state governments to the national side, today the national giver has a hand in almost all policies that “concern the lives” of the citizenry

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enumerated powers

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powers that should be in the domain of the national government, specific authority that would enable the government to address problems the states had not grappled with effectively under the Articles of Confederation

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elastic clause

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allows Congress to “make all laws which shall be necessary and proper for carrying into Execution the foregoing powers, undermines the restrictive purpose of the carefully worded list of enumerated powers

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tenth amendment

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most clear endorsement of federalism in the Constitution but hasn’t fended off federal authority, says “the powers 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

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cutthroat competition

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not wanted to be played for the sucker all states underbid each other, many times this competition prompted state officials to lobby Washington to prevent bidding wars

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race to the bottom

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states face incentives to participate in this by cutting back on things like the size of the monthly check a state pays to welfare recipients so that it will not become a “welfare magnet” which attracts the low-income residents of its neighborhood

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preemption legislation

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federal laws that assert the national governments prerogative to control public policy in a particular field

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grants-in-aid

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dates back to the Articles of Confederation but not utilized till the last half of the century, have become an important feature of intergovernmental relations

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block grant

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gives each state or local government an exact amount of money to spend for some purpose

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matching grant

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creates a “moral hazard” which is a situation in which people or groups behave differently and often take more risks when they do not have to pay all the costs of their actions

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Four methods to prescribe state policy/supervise its administration

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1. Cross-cutting requirements- statutes that apply certain rules and guidelines to a broad array of federally subsidized state programs
2. Crossover sanctions- stipulations that a state to remain eligible for full federal funding for one program must adhere to the guidelines of an unrelated program
3. Direct orders- requirements that can be enforced by legal and civil penalties
4. Partial Preemption- a state agency fails to follow the instructions of federal agencies the state might lose control of the program all together so federal grants may be suspended via crossover regulations

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racial profiling

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identifying suspects solely on the basis of race or ethnicity

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civil rights

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referred to almost exclusively to the privileges of African Americans and the history of civil rights in the U.S. concerned with the emancipation of African Americans first from slavery and then from segregation, the legacy concerns the rights of everyone, protections by the government power or things the government must secure on behalf of its citizens

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civil liberties

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the constitutions protections from the government power, meaning the government may not take these freedoms away, includes freedom of speech liberty and the right to privacy

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fugitive slave law

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if the south agreed to admit California it would lose its ability to block legislation in the senate, ultimately the did agree but only in return for passage of the fugitive slave law

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block codes

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effectively prevented former slaves from voting (and thus from supporting the party of Lincoln)

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Jim crow laws

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adopted throughout the south to disenfranchise black citizens and physically separated African Americans and whites

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poll tax

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levied on all registered voters which typically had to be paid months before the election

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grandfather clauses

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exempted from these registration requirements those whose grandfathers had voted before the civil war

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separate but equal doctrine

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officially sanctioned segregation through the south for the next half-century

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de facto vs. de jure

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written in law vs. social discrimination

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affirmative action

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a policy that requires any employers or government agencies that have practiced past discrimination to compensate minorities and women by giving them special consideration in their selection fro employment and education

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quotas

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setting aside a certain share of admissions, government contracts, and jobs for those who suffered from past discrimination

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suffragists

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early feminists, campaigning for womens rights to vote long before abolitionists began fighting for slaves

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hate crime

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refers to those provisions against criminal code that make illegal or stiffen penalties for violence directed against individuals, property, or organization solely because of the victims race, gender, national origin, or sexual orientation

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incorporation

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bringing state laws and practices under Bill of Rights protections by applying the 14th Amendment to the states

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due process clause and the equal protection clause

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state flatly that all persons enjoy the same civil liberties and rights which the states cannot deny “without due process of law” (aka without following reasonable, legally established procedures

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privileges and immunities clause

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says no state should make any law which shall abridge the privileges or immunities of citizens of the U.S.

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selective incorporation

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civil liberties have been gradually “nationalized”

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clear and present danger test

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used for the courts to enlist in free expression cases

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obscenity

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the First Amendment does not protect obscenity regardless of where/how its expressed, hard for the supreme court and other forms of government to determine what is considered obscene

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libel and slander

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written and spoken forms of malicious information that damages another persons reputation

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lemon test

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Lemon test-three conditions every state law must satisfy to avoid running afoul of the establishment prohibition
1. The statute in question must have a secular legislative purpose such as remedial education
2. The statues primary effect must be one that neither advances nor inhibits religion
3. The statute must not foster an excessive government t entanglement with religion

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neutrality test

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used not so much to prevent favoritism among religious groups as to root out policies that preferred religious groups generally over nonreligious groups engaged in a similar activity

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exclusionary rule

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answered the question what should the court do with illegally obtained and incriminating evidence

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penumbras

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implicit zones of protected privacy rights on which the existence of explicit rights depends, ex: freedom of speech and free press must include not only an individual’s right to engage in these activities but also the right to distribute, receive, and read others views

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takings clause

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“private property [shall not] be taken for public use without just compensation , after the supreme court applied this provision to state policy the body of law on the clause seemed to be settled