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186 Cards in this Set

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  • Back
4 Theories of Political Elites: MARXISM
economy determines how the plit system runs, society equal, social classes
4 Theories of Political Elites: MAX WEBER
Bureaucrats: the smart people have the power
4 Theories of Political Elites: PLURALISM
no one monopoly, power is spread out among lots of people/outlets
4 Theories of Political Elites: C.WRIGHT MILLS
Military, corporate, polit leaders hold all the power in the country
Participatory Democracy
Aristotle ("Rule of the many")
Shays's Rebellion
January 1787, group of ex-Rev. War soldiers & officers, plagued by debts & high taxes and fearful of losing their property to creditors and tax collectors, forcibly prevented the courts in western Massachusetts from sitting. THe gov had no army so raised a volunteer army to disperse the rebels.
Virginia Plan
1)natl legislature would have supreme powers on all matters on which the separate states were not competent to act, as well as the power to veto any and all state laws. (2)at least one house of th legislature would be elected directly by the people.
New Jersey Plan
each state would have only 1 vote in Congress. (protect small states)
Great Compromise (aka Connecticuit Compromise)
(1)a House of Reps consisting initially of 65 members apportioned among states roughly on the basis of population and elected by the people (2)a Senate consisting of 2 senators from each state to be chosen by the state legislatures
judicial review
the power of the Supreme Court to declare an act of Congress unconstitutional
How can an amendment be proposed?
(1)by either a 2/3 vote of both houses of congress (2)by a national convention called by Congress at the request of 2/3 of the states. *Once proposed, an amendment must be ratified by 3/4 of the states, either thru their legislatures of through special retifuing conventions in each state (there are 27 amendments)
Congress's checks on the President
(1)by refusing to ps a bill the pres. wants (2)by passing a law over the pres's veto (3)impeach (remove) a pres from office (4)by refusing to approve a pres. appointment (senate only) (5)by refusing to ratify a treaty the pres has signed (senate only)
Congress's checks on the federal courts
(1)by changing the # and jurisdiction of the lower courts (2)can impeach a judge (3)can refuse to approve a person nominated to be a judge (senate only)
3 Levels of Courts
District, Appellate, Supreme
President's Checks (on Congress and federal courts)
(1)can check CONGRESS by vetoing a bill it has passed (2)can check the FED COURTS by nominating judged
Court's checks on Congress and the President?
(1)can check CONGRESS by declaring a law unconstitutional (2)can check the PRES by declaring actions by him or his subordinates to be unconstitutional or illegal
(1)supporters of the Constitution & a stronger Fed. govt(2)James Madison and Alex Hamilton were Federalists
(STATES RIGHTERS)(1)opponents to the adaptation of the Constitution (2)argued that a strong natl govt would be distant from the people and woul use its powers to take away states rights, tax heavily, Sup.Ct. would overrule state courts, pres would head a lg. standing army (3)some insisted a Bill of Rights be added to the Constitution (4)Montesquieu:liberty safe only in small societies governed either by direct democracy or by large legislatures w/small districts and frequent turnover among members (5)Thomas Jefferson was one (??)
Federalist #10 and #51
Madison: a well-constructed union will be able to control factions, liberty is safest in large republics
Who wrote the Federalist papers? Why were they written?
James Madison, Alexander Hamilton, John Jay. (2)they were written to convince New Yorkers to adopt the newly-proposed Constitution
Liberties guaranteed by the Constitution (before the Bill of Rights was added)
Wite of habaes corpus, NO bill of attainder, NO ex post facto law
writ of Habaes Corpus
there must be sufficient evidence to imprison someone (the writ was designed to prevent illegal arrests and improsonment)
bill of attainder
a law that declares a person, w/o a trial, to be guilty of a crime. NOT LEGAL TO BE PASSED.
a political system in which ultimate authority is shared between a central govt and state or regional govts
the articles of confederation
a constitution drafted by the newly-independent states in 1777 and ratified in 1781. it created a weak natl govt that could not levy taxes or regulate commerce. in 1789 it was replaced by our current Constitution in order to create a stronger natl govt.
an identifiable group of persons who possess a disproportionate share of some valued resource--such as money or political power
the current effort to scale back the size and activities of the natl govt and to shift responsibility for a wide range of demestic programs from Washington to the states. in ecent years these areas have included welfare, health care, and job training (2nd order devolution is a flow of power and responsibility from the states to local govts)
"Necessary and Proper" clause
The final paragraph of ARTICLE I, section 8, of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry out the enumerated powers. sometimes called the "elastic clause" becuase of the flexibility that it provides to Congress.
1st and 2nd amendments (BOR)
(1)freedom of religion, speech, press, assembly; the right to petition the govt (2)right to bear arms
3rd and 4th amendments (BOR)
(3)troops may not be quartered in homes during peacetime (4)no unreasonable searches or seizures
5th amendment(BOR)
(5)Grand jury indictment (formal statement) required to prosecute a person for a serious crime; no double jeopardy;cant force someone to testify against himself; no loss of life, liberty, property w/o due process (trial?)
6th amendment (BOR)
(6)right to speedy, public, impartial trial w/defense counsel and right to cross-examine witnesses
7th and 8th amendments (BOR)
(7)jury trials in civil suits where value exceeds $20 (8)no excessive bail or fines; no cruel/unusual punishment
9th and 10th amendments (BOR)
(9)unlishted rights are not necessarily denied (10)powers not delegated to the US or denied to the states are reserved to the states
Direct Democracy
(1)everyone has power (2)people lack expertise (3)not feasible (to get everyone together) or practical (takes too much time)
Representative Democracy
(1)the masses choose representatives and we can un-elect them (not re-elect)??
Democratic centralism
Govt thinks it knows whats best from the ppl and it doesnt ask them
What kinds of ppl favored the Constitution?
merchants, urban, ppl who owned land, held govt IOU's, had no slaves
What kinds of pl opposed the Constitution?
farmers, ppl who held no govt IOU's, ppl who owned slaves
Conflict over states for federal money
states competed to get the largest share of federal money, many (almost 20%) federal grant programs distrivute money on basis of population (especially between really large and really small states)
2 kinds of federal controls on state governmental activities
mandates (tells the state govt what it MUST do, period. mandates don't always have to do w/federal aid; hard to implement; most concern civil rights and environmental protection), conditions of aid (tell the state govts what they must do if they want t get some grant money from the fed govt)
Delegated (Enumerated) Powers
(powers explicitly the Federal govt's) (1)declare war (2)print money (3)treaties and foreign policy (4)interstate and international commrce
Reserved Powers
(powers not mentioned in constitution are reserved for the states) (1)national guard (2)licenses (3)regulate intrastate business
Concurrent Powers
(Powers shared by the federal and state govts) (1)collect taxes (2)build roads (3)courts of law (4)borrow money
Block Grants
(1)money that can be used for STATE discretion (2)general purpose (3)grow more slowly
Categorical grants
for specific purposes
MuCulloch v. Maryland
Could Congress charter a national bank? Could states tax such a bank? (no, states can't tax a natl institution) McCulloch wom (he'd been taxed by the state on money in a national bank). CONSTITUTIONAL EXPLANATION: Elastic Clause
U.S. v. Morrison
Girl got raped (by 2 VA Tech FB players), Violence against women act '94, 5-4decision (Morrison won, girl lost). **Natl govt cannot encroach on state govts responsibilities
Article I
powers of the legislature, Elastic clause (nec. and proper)
there are at least 5 important elements in the american view of the political system--what are they?
(1)liberty-ppl should be free to do as they please so long as no one gets hurt (2)equality-everyone should have an equal vote, chance to participate and succeed (3)democracy-govt official should be accountable to the ppl (4)Civic Duty-ppl should help out their community when they can and take comm. affairs seriously (5)individual responsibility-ppl are resp. for their own actions and well-being
Sources of American Political Culture
(1)History-roots, heritage (2)legal/sociological factors-no natl religion, puritan heritage (indiv. resp. for their actions, protestant work ethic, work hard, save money,do good, pull yourself up) (3)family-distrust of authority (challenge it)
Morality is more important thatn self-expression
Personal Freedom is more important than tradition (beliefs/morals,etc)
Internal efficacy
confidence in a citizen's own abilities to understand and take part in political affairs
external efficacy
outside yourself (I believe the system will respond to my demands)
Political efficacy
the ability of citizens to understand and influence political events
Opinion Polling
(1)wording can affect how ppl respond (2)public opinion changes very readily and easily (unstable) (3)political opinion suffers from ignorance, instability, insensitivity to the way questions are worded in pols (4)politics is not a priority to most people
Saliency (saliency, intensity,stability)
degree to which the issue/opinion is important
Intensity (saliency, intensity,stability)
if high among the group then it has influence beyond the group (ex:NRA)
Stability (saliency, intensity,stability)
public opinion changes over time
How is public opinion meausred?
Though polls (sampling error, exit polls, inaccuracy)
Cleavages in public opinion
(1)social class/occupation (2)race/ethnicity (3)region
the New Middle Class
urban (downtown), liberal/democrat, more blacks than whites, younger, highly educated
the Traditional Middle Class
mostly white, large homes, go to church often, pro-business, more Conservative, just 1 college degree (ex:7th heaven)
Ways to participate in politics
(1)vote (2)join civic associations (3)support social movements (4)write to legislators (5)fight city hall
what could low rates of voter registration indicate?
(1)apathy (2)feeling of no influence (3)ppl are reasonably well-satisfied w/how the country is governed
Voting Rights Act of 1970
(-->26rd Amendment 1971)
Gave 18 year olds the right to vote in Federal elections
theories about voter decline
(1)loss of popular interest in elections (2)voting turnout pretty uch same (percentage) in 1860 becuase there wre no safeguards against voter fraud (3)drop in political efficacy (4)difficulty w/registration
Causes of political participation
(1)education level (2)religious involvement (3)age (4)occupation (5)race/gender
Ways ppl participate in politics: forms of participation
(1)complete inactives (2)complete activists (3)voting specialists (4)campaigners (5)communalists (6)parochial participants
what classification of person is MOST likely to participate in politics/vote?
white, educated, middle-aged people
what classification of person is LEAST likely to participate in politics/vote?
young, Hispanic, un-educated (less educated)
Political Parties: U.S.
(1)polit parties separate from life (2)two-party system (3)federal system of govt (4)campaign run by Candidate (decentralized) (5)many laws governing parties (really regulated) (6)candidates chosen through primaries
Political Parties: abroad
(1)parliamentary (2)unable to count on party loyalty (3)campaign run by party (4)candidates nominated by party leaders
Types of Minor Parties
(1)IDEOLOGICAL(parties very different from etablished parties--Radical:socialists, communists, libertarians) (2)ONE-ISSUE PARTIES (only care about 1 issue: ex: pot party) (3)ECONOMIC PROTEST (protest when the economy is "bad", ex: greenback and populist parties, lunch and juice party) (4)FACTIONAL (created by a split in a major party: ex: Reform party, CHristian Coalition, RUsh Limbaugh's party, "Split of Dems and Repubs"
Types of Minor Parties
Ideological, One-Issue, Economic Protest, Factional
Which 3rd party survives the longest?
Ideological parties (-ISM parties) because they encompass many different issues
Which 3rd party has the most influence on policy?
which major parties win most Congressional/Presidential elections?
Democrats win most COngressional elections, Republicans win most Presidential elctions
Why has the Two-Party system endured for so long?
(1)winner-take-all system (plurality system;other countries have proportional power) (2)opinions of voters (no legitimacy w/most 3rd parties (3)laws of states make it difficult for 3rd parties to get onto the ballot
Def'n: Critical or Realigning periods, occurrences, and cases
(1)defn: periods during which a sharp, lasting shift occurs in the popular coalition supporting one or both parties. THe issues that separare the two parties change, so the kinds of voters supporting each party change; (2)occurrences: 1800, 1828, 1860, 1896, 1932 (3)cases:1860 slavery, 1896 economic issues, 1932 Depression
soft money v. hard money
(1)soft money: not regulated (given to parties or sympathetic interest groups) (2)Hard money:reported to FEC
Sources of campaign money
(1)PAC's (political action committees, ex:NAACP, MADD, labor unions), (2)benefit performances (3)federal government (pres. candidates), (4)private donors/citizens (5)political parties (6)interest groups (7)candidates' own pockets (8)loans/sponsors
What was the intent of the 1974 Reforms? What were the effects?
(1)Intent:to minimize the chances for corruption and for rich ppl to "buy politicians" (2)effects: (a)by authorizing PAC's to raise $, the law made possible a vast increase in the amt. of $ spent on elections by special interests (b)shifted the control of campaign $ away from the polit parties & toward indiv. candidates, further weakening the power of the parties (c)provided an advantage to wealthier candidates (d)gave an advantage to candidates w/strong ideological appeal (e)penalized ppl who start late in a campaign (f)help incumbents & hurt challengers
advantages of incumbency in fundraising (for election campaigns)
name recognition, members can mail stuff for free, easier to raise money, they have more power to create change, *bullets on their resume
open primary and closed primary
(1)OPEN:voter decides in the booth which party candidate they want to support (2)CLOSED:(a)must decide several weeks in advance that you are a registered member of a party (b)prevevnts members from other parties from crossing influence
Party identification, campaign, finding a winning coalition (holding onto your base among committed partisans and attracting the swing voters), issues
blanket primary
"free-love"; you mark the ballot that lists the candidates of all parties; you can vote for one person for each party; alaska and washington
Runoff Primary
more common in the south; takes place when neither candidate wins the majority vote
Prospective v. Retrospective voting
(1)PROSPECTIVE voting: examine the views that the rival candidates have no the issues of the day and then cast our ballots for the person we think has the best ideas for handling these matters. (2) RETROSPECTIVE voting:looking at how things have gone in the recent past and then voting for the party that controls the White House if we like what has happened and voting against that party if we dont like what has happened.
Campaign finance rules 1974(response to the Watergate scandal)
(1)GENERAL:(a)all federal eection contributions and expenditures are reported to the six-person FEC which has the power to investigate and prosecute violaters (b)all contibutions over $100 must be disclose, w/name, address, and occupation of contributer. (c)no cash contributions over $100,k no foreign contributions (d)no ceiling on amount a candidate or campaign may spend (unless a pres candidate accepts federal funding) (2)INDIVIDUAL CONTRIBUTIONS: (a)may not exceed $1,000 to any candidate in any election per year (b)may not exceed $20,000 per year to a national party committee or $5,000 to a PAC (c)no limit on expenditures for "independent advertising" (3)PAC's:(a)a corporation, union, or other association may each establish one PAC, (b)a PAC must register 6 months in advance, have at least 50 contributers, and give to at least 5 candidates (c)PAC contributions to a candidate may not exceed $5,000 per election, or to a national party $15,000 per year. (4)PRESIDENTIAL PRIMARIES: (a)Federal matching funds, dollar for dollar, are available for all money raised by candidates from individual doners giving $250 or less (b)to be eligible a candidate must raise $5,000 in each of 20 states, in contributions of $250 or less (5)PRESIDENTIAL ELECTION:(a)Federal govt will pay all campaign costs of major-oarty candidates and part of the costs of minor-party candidates (those winning between 5 and 25 percent of the vote)
Kinds of Elections
(1)a general election is used to fill an elective office, (2)a primary election is used to select a party's candidates for an elective office
Differences between presidential and COngressional campaigns
(1)Cong. don't get funding from the federal government (2)incumbents in Congress get reelected more often (3)terms are different lengths (4)Presidential campaigns are much bigger (require more work, money, etc) (5)Pres. races are more competitive (6)members of Congress can do things for their constituents that a President cannot (7)Cong. candidates can duck responsibility (blame everything bad on the President)
Procedure for nominating a president?
(1)must get mentioned (2)set aside a lot of time to run (4)build up a staff (3)raise the necessary money and build up an organization of personal followers (4)prepare for the early primaries and caucuses(5)pick a strategy for the campaign (tone, timing, theme, target, etc) (6)Control the convention
4 Factors that explain the rise of interest groups
(1)economic changes and development (2)government policy (3)social movements (4)expansion of govt (new projects...)
2 kinds of interest groups
(1)institutional/economic:ppl that rep. businesses or other organizations (2)membership/public: non-profit orgs., consumer groups, anyone can join, rep an issue not other businesses (ex:womens rights, animal rights, NAACP, NRA, etc)
3 Incentives to join interest groups
(1)SOLIDARY (it's fun), (2)MATERIAL (money or things and services valued in monetary terms), (3)PURPOSIVE (clear goal to accomplish)
Social movements v. Interest groups
(1)Interest group: a group seeking to do things (2)Social Movement: widely shared belief (very broad, ex:civ rights mvt)
PAC's v. Interest groups
(1)PAC's give money to political organizations and have rules, contribute most to incumbents, very influential to politics (2)Interest group:try to influence people
What do interest groups do? (functions)
(1)give information (2)direct lobbying (3)testify before COngress (4)socialize (5)political donations (6)endorsements (7)court action, lawsuits (8)propaganda, commercials (9)try to get more members
Regulation of Interest Groups
Federal Regulation of Lobbying Act (1940) (only applies to certain number of lobbyists--lots of loopholes)
what is Influence Pedaling?
using personal information and friendships to political advantage (Lobbyists use influence pedaling)
The Revolving Door
1. Promise of future jobs to officials 2. Few conspicuous examples of abuse
The activities of interest groups
1.**supplying credible information (officials also need cues regarding what values are at stake) 2.Public support 3.Money and PAC's
Media history in American politics
the party press, the popular press (self-supporting, daily newspapers), magazines of opinion, electronic journalism
THe media: gatekeeper, scorekeeper, watchdog
(1)Gatekeeper: what subjects become national political issues, for how long (2)Scorekeeper: track political reputations and candidacies (b)Elections covered like horse races
(3)Watchdog: investigate personalities and expose scandals
How often do safe districts win?
55% of the time
Media: Types of Stories
1. Routine stories: public events, regularly covered
(a) Reported similarly by all media; opinions of journalists have least effect
(b) Can be missreported: Tet offensive 2. Feature stories: public but not routinely covered so requires reporter initiative (a) Selection involves perception of what is important
(b) Liberal and conservative papers do different stories (c) Increasing in number; reflect views of press more than experts or public 3. Insider stories: investigative reporting or leaks
Bias in the media
1. Most people believe media, especially television where they get most news a. But percentage increasing among those who think media biased
b. Press itself thinks it is unbiased 2. Liberal bias of journalists, especially national media
Civil Liberties
protection from the govt (any of the Bill of Rights amendments (ex:free to burn a cross in your yard)
Civil Rights
freedom from discrimiation, wonen's rights, etc.
establishment clause
no law can be passed to establish a religion
exclusionary rule
evidence obtained illegally can't be used against you in trial
types of committees
**Committees are the most important organizational feature of Congress**(1)STANDING (permanant, specific responsibilities) (2)SELECT (temporary, limited time period and purpose) (3)CONFERENCE (resolve problems, both representatives/senators serve) (4)JOINT
WHy was the Presidency designed to be weak/ what was the founders' approach toward the philisophy of executive power and why did they feel this way?
their approach was a fear of a monarchy and an anarchy. they feared the President would/could overpower the states w/military power. also, they feared presidential corruption by the Senate, presidential pribery to ensure reelection, and they were concerned to balance the power of the legislative and executeice branches
White House executive office: office of the president
(1)executive office (2)White House office (3)Cabinet (4)independent agencies, commissions, judgships
Functions of each office of the office of the president
(1)White house:contains pres's closest assistants, (2)Executive office:composed of agencies that report directly to the Pres., appointments must reveive Senate confirmation (3)Cabinet:Pres. can appoint fewer than 1% of employees in most departments, secretaries become preoccuied and defensive about their own departments, (4)Indep. agencies, etc.:????
Presidential Powers (notes on 3/8/05)
(1)Power to Persuade ((2)Power to say no (3)Putting together a program
Pres's Power to persuade:
(1)formal opportunity (2)three audiences (a)other politicians/leaders (b)various public (c)party activists and officials in Wash D.C. (3)the decline in popularity (a)highest right after election (b)declines by midterm
ececutive priviledge
the presiden't right to refuse to testify before, or provide information to, Congress or a court
electoral college
the group of persons chosen in every state and the District of Columbia every 4 years who make a formal selection of the president and vice president
(1)RED TAPE--complex rules and procedures that must be followed to get something done. (2)CONFLICT--agencies working at cross-purposes w/other agencies (3)DUPLICATION--two govt agencies seem to be doing the same thing (4)IMPEREALISM--tendency of agencies to grow w/o regard to the benefits that their programs confer or the costs that they entail (5)WASTE--spending more than is necessary to buy some product or service
How is the budget controlled through: appropriations & legislative committees, informal controls, legislative veto, congressional investigations
(1)Appropriations & legislative committees--budget must be authorized (2)Informal Controls--a member of Congress can call on agency head on behalf of a constituent; Congressional Committees may also obtain the right to pass on certain agency decisions (committee clearance) (3)Legislative Veto--COngress must be able to discuss/"toss around" an exec. decision before they approve or reject it (4)Congressional Investigations--Congressional supervision of an agency;Congress may conpel a person to attend an investigation by issuing a subpoena
I. Distinctiveness of the American bureaucracy
A. Constitutional system and traditions make bureaucracy distinctive 1. Supervision shared by president and Congress 2. Federal agencies share functions with state and local governments 3. adversary culture leads to closer scrutiny; court challenges more likely B . Scope of bureaucracy 1. Little public ownership of industry in the United States 2. High degree of regulation in the United States of private industries
Why are there so many constraints on the bureaucracy
Constraints come from citizens: agencies' responses to demands for openness, honesty, fairness, etc.
General Constraints of the Bureaucracy and effects of the constraints
General constraints:(1) Administrative Procedure Act (1946) (2) Freedom of Information Act (1966) (3) National Environmental Policy Act (1969) (4) Privacy Act (1974) (5) Open Meeting Law (1976) (6) Several agencies often assigned to a single policy.. EFFECTS: (1) Government moves slowly (2) Government sometimes acts inconsistently (3) Easier to block action than take action
(4) Reluctant decision making by lower-ranking employees (5) Red tape
Attempts to Reform the Bureaucracy
Numerous attempts to make bureaucracy work better for less money
1. Eleven attempts to reform this century alone
2. National Performance Review (NPR) in 1993 designed to reinvent government
a. Differs from previous reforms that sought to increase presidential control
b. Emphasizes customer satisfaction by bringing citizens in contact with agencies
3. NPR calls for innovation and quality consciousness by:
a. Less centralized management
b. More employee initiatives
c. Fewer detailed rules, more customer satisfaction
Why is bureaucratic reform always difficult to accomplish?
Bureaucratic reform always difficult to accomplish
1 . Most rules and red tape due to struggle between president and Congress or agencies' efforts to avoid alienating influential voters
2. Periods of divided government worsen matters, especially in implementing policy
a. Republican presidents seek to increase political control (executive micromanagement)
b. Democratic congresses respond by increasing investigations and rules (legislative micromanagement
legislative veto
legislative veto Congressional veto of an executive decision during the specified period it must lie before Congress before it can take effect. The veto is effected through a resolution of disapproval passed by either house or by both houses. These resolutions do not need the president's signature. In 1983, the Supreme Court ruled such vetoes were unconstitutional, but Congress continues to enact laws containing them.
pocket veto
pocket veto One of two ways for a president to disapprove a bill sent to him by Congress. If the president does not sign the bill within ten days of receiving it, and Congress has adjourned within that time, the bill does not become law.
line-item veto
line-item veto The power of an executive to veto some provisions in an appropriations bill while approving others. The president does not have the right to exercise a line-item veto and must approve or reject an entire appropriations bill.
natural rights
natural rights A philosophical belief expressed in the Declaration of Independence that certain rights are ordained by God, are discoverable in nature and history, and are essential to human progress. The perception that these rights were violated by Great Britain contributed to the American Revolution.
Federalist No.10 (James Madison)
Federalist No. 10: An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable
Congressional Staff Agencies
Staff agencies. These provide specialized knowledge and expertise and are an important congressional counter to the resources the president can muster as chief of the executive branch. Examples include the CRS, GAO, and CBO.
term limits (congress)
Imposing term limits
1. Anti-Federalists distrusted strong national government, favored annual elections and term limits
2. Today, 95 percent of House incumbents reelected, but 80 percent of public supports term limits
3. Twenty-two states in 1994 had passed term-limit proposals
4. Effects of term limits vary depending on type of proposal
a. Lifetime limits produce amateur legislators who are less prone to compromise
b. Limiting continuous sequence leads to office-hopping and push for public attention
c. 1995, Congress failed to approve resolutions for a constitutional amendment on term limits
d. Supreme Court ruled states cannot constitutionally impose term limits on Congress
pork-barrel legislation
pork-barrel legislation A bill introduced by a member of Congress that gives tangible benefits, like a highway or bridge, to constituents in the hopes of winning votes in return.
president pro tempore
president pro tempore A position created in the Constitution to serve as presiding officer of the Senate in the absence of the vice president.
sophomore surge
sophomore surge An increase in the number of votes candidates receive between the first time elected and their first time reelected.
Speaker of the House
Speaker of the House: The constitutionally mandated presiding officer of the House of Representatives. The Speaker is chosen in the caucus of the majority party and is empowered to recognize members to speak on the floor, to rule whether a motion is germane, to assign bills to committee, to appoint House members to select and joint committees, and to appoint the majority members of the Rules Committee.
Rules Committee
Rules Committee In the House of Representatives, the committee that decides which bills come up for a vote, in what order, and under what restrictions on length of debate and on the right to offer amendments. The Senate Rules and Administration Committee, by contrast, possesses few powers.
Congressional Budget Office
Congressional Budget Office: Created in 1974 to advise Congress on the economic effects of spending programs and to provide information on the cost of proposed policies.
Attitudinal view of representation
attitudinal view of representation: The theory of congressional voting behavior which assumes that members vote on the basis of their own beliefs because the array of conflicting pressures on members cancel out one another.
Office of Management and Budget
Office of Management and Budget Created as the Bureau of the Budget in 1921 and made part of the executive office in 1939, its chief functions are to prepare estimates of the amount that will be spent by federal agencies, to negotiate with departments on the size of their budgets, and to make sure departmental and agency proposals are in accord with the president's agenda.
16th Amendment
Sixteenth Amendment: A constitutional amendment ratified in 1913 which authorized Congress to levy an income tax. The amendment was necessary because of a Supreme Court decision in 1895 which voided Congress's effort to impose such a tax.
Five major theories on the management of the economy/Economic Policy
(1)MONETARISM(too much money, not enough goods = inflation), (2)KEYNESIANISM(Dem:govt to take out/put in $ to control inflation), (3)ECONOMIC PLANNING(extremem form is communism; govt tells the ppl how much to charge->wage control), (4)SUPPLY-SIDE (Conserv: less govt interference, cut taxes so ppl save more and therefore spend more), (5)REAGAONIMCS(very similar to supply-side)
Tax Reform Act of 1986
Tax Reform Act of 1986: A law that effected a major change in tax policy resulting from the resurfacing of majoritarian politics that demanded fairness. Instead of high rates with big deductions, the law substituted low rates with much smaller deductions.
Gramm-Rudman Balanced Budget Act
Gramm-Rudman Balanced Budget Act: A law passed in 1985 which proposed cutting the budget until there was no longer a deficit. The deficit was to be reduced by a specified amount each year between 1986 and 1991. If a spending plan could not be agreed on within those targets, federal programs (with some exemptions) would automatically be cut by a fixed percentage. The procedure was abandoned in 1990.
Congressional Budget Act of 1974
Congressional Budget Act of 1974: The law that altered the procedure by which Congress enacts the national budget. The Congressional Budget Office was established as a nonpartisan congressional agency. Budget committees were created in both houses, which then submit to each house a resolution proposing a total budget ceiling and a ceiling for each of several spending areas. Once these resolutions are adopted, individual appropriations are decided. Congress then adopts a second resolution reconciling the budget ceiling with individual appropriations bills.
budget resolution
budget resolution: A total budget ceiling and a ceiling for each of several spending areas submitted by the Budget Committees in the House and Senate to their respective chambers. These resolutions serve as targets to guide the work of each legislative committee as it decides what should be spent in its area.
Council of Economic Advisers
Council of Economic Advisers: A group of three professional economists who give the president expert advice on the economy. Created in 1946, it is responsible for forecasting economic trends, analyzing economic issues, and helping prepare the economic report the president submits each year to Congress. Since the president selects the CEA's membership, its recommendations usually reflect the ideological preferences of the president.
1. Monetarism. Monetarists such as Milton Friedman hold that inflation is the result of too much money chasing too few goods. This occurs when government prints too much money. When government tries to stop inflation by decreasing the money supply, unemployment increases. Rather than adopting these start-and-stop policies, it would be better if government allowed the money supply to increase steadily and consistently at a rate about equal to the growth in the productivity of the economy.
2. Keynesianism. For Keynesians, the market will not automatically operate at a full-employment, low-inflation level. When people spend too little, unemployment results, and government should pump more money into the economy by running a deficit (that is, by spending more than it takes in). When demand is too great, government should run a surplus. Thus an activist government fiscal policy is necessary.
3. Planning (price and wage controls, industrial policy). Economists such as John Kenneth Galbraith feel that large institutions in the economy (corporations and labor unions) have the ability to escape competitive pressures and raise prices, whatever the money supply or level of consumer demand. Thus the government must control wages and prices. But with the curbing of inflation in the 1980s and the voluntary lowering of wages and prices, a different type of planning by government was considered. Industrial policy reflected the federal government's desire to direct investment to declining but vital smokestack industries-steel and auto-in imitation of the Japanese model. This model was endorsed by Robert Reich.
4. Supply-side tax cuts. This relatively new theory, propounded by people such as Arthur Laffer and Paul Craig Roberts, holds that high taxes create inflation and economic stagnation by removing people's incentive to work. Thus cutting tax rates will encourage work and investment and even bring in more tax revenue as economic activity expands. This theory forms the core of Reaganomics
Places the federal govt attempts to allot money
national defense, social security, interest on the federal debt, income security and welfare, medicare, health, education, veterans' benefits, transportation, natural resources and environment, general science, space, technology, agriculture
the six major categories of STATE spending
public welfare, higher education, insurance trust funds (retirement funds and insurance funds for state employees), highways, hospitals (because most hospitals don't charge enough in fees to fully recover their costs, they often turn to state and local governments for help.), interest on debt
Structure of the Federal Courts
The structure of the federal courts:
A. Two kinds of federal courts
1. Constitutional courts exercise judicial powers found in Article III
a. Judges serve during good behavior
b. Salaries not reduced while in office
c. Examples: District Courts (94), Courts of Appeals (12)
2. Legislative courts
a. Created by Congress for specialized purposes
b. Judges have fixed terms
c. Can be removed; no salary protection
d. Example: Court of Military Appeals
B. Selecting judges-all are nominated by president and confirmed by the Senate
1. Party background some effect on judicial behavior, but rulings are also shaped by other factors
2. Senatorial courtesy: judges must be approved by that state's senators, particularly for district courts
3. The litmus test
a. Presidential successes in selecting compatible judges
b. Concern this may downplay professional qualifications
c. Greatest impact on Supreme Court-no tradition of senatorial courtesy
Clear and present danger test
a legal interpretation that reconciled two views of the First Amendment right of free speech, the first that Congress could not pass any law to restrict speech and the second that it could punish harms caused by speech. Proposed by Supreme Court justice Oliver Wendell Holmes in 1919, it held that Congress could punish only speech that created a "clear and present danger" of bringing about the actions that Congress is authorized to prevent.
due-process clause
protection against arbitrary deprivation of life, liberty, or property as guaranteed in the 5th and 14th amendments
wall of separation principle
a Supreme Court interpretation of the establishment clause in the 1st amendment that prevents government involvement with religion, even on a non-preferential basis
good faith exception
admission at a trial of evidence that is gathered in violation of the Constitution if the violation results from a technical or minor error
de jure segregation
racial segregation that occurs because of laws or administrative decisions by public agencies. When state laws, for example, required blacks and whites to attend separate sections of a bus, de jure segregation segregation resulted.
de facto segregation
racial segregation in schools that occurrs not because of laws or administrative decisions, but as a result of patterns of residential settlement. to the extent that blacks and whites live in separate neighborhoods, neighborhood schools will be often segregated 'de facto.'
affirmative action
the requirement, imposed by law or administrative regulation, that an organization (business firm, govt agency, labor union, school or college) take positive steps to increase the number of proportion of women, African Americans, or other minorities in its membership.
amicus curiae
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.
Marburry v. Madison
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.
McCulloch v. Maryland
McCulloch v. Maryland: A decision of the Supreme Court written by Chief justice John Marshall in 1819 which held that the power of the federal government flows from the people and should be generously construed so that any laws "necessary and proper" to the attainment of constitutional ends are permissible, and that federal law is supreme over state law even to the point that the state may not tax an enterprise (such as a bank) created by the federal government.
per curiam opinion
per curiam opinion: A brief and unsigned opinion by the Supreme Court.
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.
Activist approach v. strict constructionist approach
(1)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. (2)strict constructionist: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.
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.
stare decisis
An informal rule of judicial decision making in which judges try to follow precedent in deciding cases. That is, a court case today should be settled in accordance with prior decisions on similar cases.
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.
Miranda rule
the rule that police (when interrogating you after an arrest) are obliged to warn you that anything you say may
be used as evidence and to read you your constitutional
rights (the right to a lawyer and the right to remain silent until advised by a lawyer)
probable cause
A judicial finding that there exists reasonable grounds for belief that a person should be arrested or searched.;A constitutionally prescribed standard of proof; a reasonable ground for belief in the existence of certain facts. The burden of proof necessary for an indictment or trial information.
New Right policies of cutting back on govt spending (influenced by Laffer) by privatisation, and deregulating the economy. Named after US president Ronald Reagan.;the label pinned on President Reagan's policies of tax cuts, reduced federal spending and regulation, and a tight-money policy;used to describe, and decry, the economic policies of U.S. President Ronald Reagan during the 1980s. Reagan assumed office during a period of high inflation and unemployment, and his economic theories are claimed by his supporters to have eventually led to a strong recovery
How a case gets heard by the supreme court
(1)get in district courts (2)appeals court (3)apply for and obtain certiorari (4)4 justices must agree to hear the case
Federal Reserve Board
The Federal Reserve Board is comprised of seven members appointed by the President and subject to confirmation by the Senate. In order to ensure members' independence from political influence, each member serves a 14-year term. The FRB is responsible for setting monetary policy for the US and has the authority to determine bank reserve requirements, set the discount rate, regulate the availability of credit, and control the purchase of securities on margin.
11th and 12th amendments
(A)the 11th amendment deals with suits against the states. People from foreign countries or people from other states can not sue a state in federal court. (B)The 12th amendment says that the President and Vice President will be elected as a team.
16th and 17th amendments
(A)The 16th amendment allowed the U.S. government to impose income taxes on the people. There was no income tax in the U.S. before this amendment. (B)The 17th amendment allowed the people of a state to elect senators directly by a vote of the people. Before this amendment, senators were appointed by the state legislatures and the governors of the states.
13th, 14th, and 15th amendments
(A)13th ended slavery (B)14th:Equal protection under the law, no state may deprive any person of life, liberty and property without due process of law. (C)15th Gave black men the right to vote (but the literacy test prevented illiterate blacks from voting )
18th and 19th amendments
18th: prohibition; 19th women's suffrage
20th and 21st amendments
(A)The 20th amendment shortened the time between the election and the date a person takes office. Previously: election in Nov, take office in March. After 20th: election in Nov, take office in Jan. (B)21st amendment repealed the 18th Amendment and permitted the consumption of alcohol in the U.S. Ended the Prohibition period
22nd, 23rd, and 24th amendments
(A)The 22nd Amendment sets the presidential term of office to two terms. After two terms the president can not run again for president. (B)The 23rd Amendment gave voting rights to the people who live in the District of Columbia. (Washington, DC);(C)The 24th Amendment abolished the Pole tax
25th, 26th, and 27th amendments
(A)The 25th Amendment deals with Presidential Disability and Succession. After the asassination of President Kennedy, the people thought it was necessary to set the lines of succession clearly in case the president became disabled or was killed. (B)the 26th Amendment gave 18 year olds the right to vote (C)The 27th Amendment says that if Congress gives itself a pay raise it does not go into effect until the next time that Congress meets.