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400 Cards in this Set

  • Front
  • Back
Is not saying the Pledge of Allegiance in school constitutionally protected freedom of speech?
Yes. West Virginia state Board of Education v. Barnette 1943 ruled that a policy requiring students and teachers to recite the pledge is unconstitutional.
What is the rational basis test?
The Supreme Court, in defining discrimination under teh 14th amendment, has recognized that some forms of discrimination may be valid (under 21 denied liquor). Must have legitimate purpose.
What is sexual harrasment?
1) Someone requesting sexual favors as a condition of employment or promotion
2) An employer cannot permit a work environment that has been made hostile/intimidating by a pattern of sexual teasing, jokes, or obscenity.
What is symbolic speech?
The unspoken illustrated methods of protest. Symbolic speech is not protected, if it incites violence or doesn't pass the clear and present danger test.
Are students in public schools granted the right of freedom of the press?
No. Hazelwood School District v. Kuhlmeier 1988 upheld the right of public school administrators to censor stories if produced on school grounds.
How have the rights of disabled persons been protected by law?
In 1990, Americans with Disabilities Act passed; disabled persons may not be denied employment or promotions, must have equal access to government programs and transportation, or access to public accommodations.
What are gag orders, and are they legal?
Gag orders are restrictions placed on the press by judges trying to ensure a fair trial. In Nebraska Press v. Stuart 1976 they were found illegal.
What did the Civil Rights Act of 1964 accomplish?
It prohibited discrimination in employment and places of public accommodations; outlawed bias in federally funded programs.
What specific rights and prohibitions are mentioned in the body of the Constitution?
Constitution mentions writ of habeas corpus, protection of citizens from state to state, limits on excessive punishment, guarantee of republican government, and trial by jury.
What 5 rights are guaranteed by the 6th amendment?
1) right to a grand jury
2) right to protection from double jeopardy
3) right to eminent domain
4) right to not incriminate oneself
5) right to due process of law
Which of the rights guaranteed under the Bill of Rights have been incorporated by the 14th amendment to apply to the states?
1st, 4th, 6th, and 8th amendmens are fully incorporated. 5th amendment is partially incorporated.
When was the voting age lowered to 18?
The 26th amendment passed in 1971, caused by the Vietnam War.
How has affirmative action been interpreted by the Supreme Court?
1) Bakke v. Regents 1978, found Bakke had been denied equal protection by UC-Davis's use of a two track admission system.
2) Grutter v. Bollinger 2003 found University of Michigan's Law School's more individualized consideration of race upheld.
What is procedural due process?
Due process clause in the 14th amendment 1868 states that before a convict can be executed, imprisoned, or fined for a crime, he or she must get a fair trial based on legitimate evidence with a jury.
What is substantive due process?
If a court decides that a law is unreasonable, it rules that the law violates substantive due process.
Substantive Rights: general rights that the individual has to posses or do certain things, despite the government's desire for the opposite.
How have the rights of homosexuals been protected under the 14th amendment?
Romer v. Evans 1996 ruled that a Colorado constitutional amendment invalidating state/local laws that protected homosexualls from discrimination was unconstitutional.
Lawrence v. Texas 2003 laws prohibiting homosexual conduct violates the equal protection clause.
How was the protection against unreasonable search and seizure incorporated by the Supreme Court under the 14th amendment?
Wolf v. Colorado 1949 applied the protection against unreasonable search and seizure to the states under the due process clause.
What is the strict scrutiny test?
The test used for discrimination when race is concerned. The law that discriminates must serve a compelling public interest in order to be upheld.
How have civil liberties and civil rights evolved over time?
Declaration of Independence, Constitution, and Bill of Rights set out basic foundations for the protections of civil rights/liberties. Evolved through legislative action, judicial interpretation, and amendments.
What is the difference between civil rights and civil liberties?
Civil Liberties: right that belong to everyone; protection against the government.
Civil Rights: positive government acts designed to prevent discrimination and give equal protection.
What is an exit poll?
As voters leave their polling place, pollsters ask them whom they voted for. These are usually more accurate than polls prior to an election because exit polls measure actual voters, not likely voters. People are less likely to lie.
Economic Sanctions
Denial of export, import, or financial relations with the target country in an effort to change the nation's policies.
Bipartisanship
A policy that emphasizes a united front and cooperation between the major political parties, especially on sensitive foreign policy issues.
Normal Trade Relations
Trade status granted as part of an international trade policy that gives a nation the same favorable trade concessions and tariffs that the best trading partners receive.
Weapons of Mass Destruction
Biological, chemical or nuclear weapons that can cause a massive number of deaths.
Theory of Deterrence
A theory that is based on creating enough military strength to convince other nations not to attack first.
Internationalism
The beliefs that nations must engage in international problem solving.
Isolationism
The desire to avoid international entanglement altogether.
Medicaid
Federal program that provides medical benefits for low income persons.
Medicare
National Health Insurance program for the elderly and disabled.
Social Security
A combination of entitlement programs, paid for by employee and employer taxes, that includes retirement benefits, health insurance, and support for disabled workers and the children of deceased or disabled workers.
Social Insurance
Programs in which eligibility is based on prior contributions to government, usually in the form of payroll taxes.
Public Assistance
Aid to the poor; welfare
Cabinet
A group of presidential advisors not mentioned in the Constitution, although every President has had one.
Red Tape
Derogatory nickname for regulations imposed by the bureaucracy.
Deregulation
The lifting of restrictions on businesses, industry, and professional activites for which government rules had been established and that bureaucracies had been created to administer.
Gender Gap
A term that refers tot he regular pattern by which women are more likely to support Democratic candidates. Women tend to be significantly less conservative than men and are more likely to support spending on social services and to oppose higher levels of military spending.
Political Ideology
A coherent set of beliefs about politics, public policy, and public purpose. It helps give meaning to political events, personalities, and policies.
Random Digit Dialing
A technique used by pollsters to place telephone calls to both listed and unlisted numbers when conducting a survey.
Random Sampling
The key techniques employed by sophisticated survey researchers, which operates on the principle that everyone should have an equal probability of being selected for the sample.
Retrospective Issue of Voting
Holding incumbents, usually the president's party, responsible for their records on issues, such as the economy or foreign policy.
Prospective Issue Voting
Voting based on what a candidate pledges to do in the future about an issue if elected.
Sample
A relatively small proportion of people who are choen in a survey so as to be representative of the whole.
Reapportionment (House of Representatives)
The process of reallocating seats in the House of Representatives every 10 years on the basis of the results of the census.
Political Culture
An overall set of values widely shared within a society.
Census
A valuable tool for understanding demographic changes. The Constitution requires that the government conduct an "actual enumeration" of the population every 10 years.
Demography
The science of human population changes.
Public Opinion
The distributionof the populations beliefs about politics and policy issues.
Candidate Appeal
How voters feel about a candidate's background, personality, leadership qualities, and other personal qualities.
Turnout
The proportion of the voting age public that votes, sometimes defined as the number of registered voters that vote.
Australian Ballot
A secret ballot printed by the state. Used in modern times.
Political Socialization
The process - notably in familes and schools - by which we develop our political attitudes, values, and beliefs.
How have political participation rates in the US changed in recent times?
Americans are voting less but participating more. People are campaigning, contacting govenment officials, and working on community issues more than in prior decades. Public demonstrations have increased, and people are more engaged in activities online. Voting is still the most common form of political participation.
How do citizens form political beliefs and opinions?
It's a result of 2 factors:
- Personal benefits
- Political/historical knowledge of citizens
Is there a political gender gap in the US?
Since the 1960's, women have been more likely than men to support the Democratic party. The women's rights movement help explains this reasoning.
What role does religion play in forming political attitudes?
Protestants - conservative on social and economic issues
Catholics - liberal economically and socially conservative
Jews - liberal on social and economic issues
What are the views of those generally thought to be conservative in modern American politics?
They promote a limited role for government in helping individuals economically, support traditional values and lifestyles, and favor a more active role for the government in promoting national security. They approach change cautiously.
What are the views of those generally thought to be liberal in modern American politics?
Liberals support an active government role in promoting individual welfare and supporting civil rights. They accept peaceful political and social change within the political system.
What issues affect the ability of people to vote?
The Constitution leaves it up to the individual states to regulate specific voting requirements. Issues such as residency requirements, registration procedures, and voting times affect the ability of people to vote.
What is ticket splitting?
When people ignore traditional party labels and vote across party lines. They account for nearly 60% of the votes in some elections. People are more likely to vote based on a candidate's image or view on a single issue as opposed to party identification.
Why is voter turnout so low in the US?
Most common reasons are: scheduling conflicts, registration difficulties, political fatigue, and political apathy.
How was suffrage extended to women?
Women were kept from the polls by law more thahn intimidation. By 1915 several states, mostly in the West, had begun to permit women to vote. Then in 1920, the 19th amendment was ratified, ensuring women the right to vote and nearly doubling the size of the electorate.
How is Congress apportioned?
Every 10 years, the Census Bureau conducts the national census of each state's population. The House of Representative's 435 seats are re-divided according too changes in populations of the states. Each state is guaranteed at least one representative in the House by the Constitution.
How does the Justice Department (federal government) influence Supreme Court decisions?
Since the federal government is a party in about half of the cases the Supreme Court hears, the government's top trial lawyer, known as the solicitor general, holds a powerful position, since he or she decides which cases the government will appeal from the lower courts.
What is the size and scope of the federal bureaucracy?
Several million civil servants work directly for the federal government, but over five times as many work indirectly as employees of business firms or non-profit organizations that receive federal contracts.
How has the executive branch consolidated power in the area of intelligence and foreign policy?
A new cabinet-level agency, the Department of Homeland Security, was created in 2002 to consolidate immigration policy, border patrol, and airport security. In 2004, Congress pased a law creating a new cabinet level position, the Director of Intelligence, to coordinate the 15 intelligence agencies in the government.
How is the president able to bypass Congress in policy and treaty making?
The president has the power to make executive orders, or rules that have the force of law and that do not require Congressional approval. The President also has the ability to make executive agreements with foreign nations to bypass the Senate's role of offering advice and consent to treaties.
How do the legislative and executive branches check the judiciary?
The president conrols the nature of the courts by appointing all federal judgees. Congress may alter the structure of the court system, determining the number of the ccourts and justices that serve on them. Congress also has the power to impeach judges.
Who were the only presidents to ever be impeached?
Andrew Johnson and Bill Clinton.
What are the criteria a president uses when selecting nominees to the federal courts?
The most important criteria are political ideology, partisan and personal loyalties, acceptable to the Senate, judicial experience, diversity, and the litmus test.
How does the president influence the bureaucracy?
Agencies are accountable to the president and the president can push policy preferences through these agencies by appointing senior bureaucrats, issuing executive orders, proposing additions or acts to an agency's budget, and recognizing or combining agencies as a reward or punishment.
What is the basic difference between direct democracy and representative democracy?
Direct Democracy: all citizens participate, meet, and make decisions about public policy issues.
Representative Democracy: citizens elect representatives to make public policy decisions in the citizens' interest.
What is pluralist theory?
Political system of widely scattered resoruces, where the government is mainly concerned with the competition among groups. Groups with dominant interests prevail.
What are the full faith and credit and priviledges and immunities clauses of Article 3 of the Constitution?
It requires that states recognize each otheer's laws and legal proceedings, and that they may not discriminate against citizens of other states.
How are vacancies filled in the Senate?
The governor of the Senator's home state has the power to appoint a replacement.
What is the constitutional basis of implied powers?
Article 1 Section 8 is the necessary and proper clause (elastic clause) allows Congress to make laws thhat help it carry out its enumerated powers.
What is the difference between categorical grants and block grants?
Categorical Grants; include formula/project grants, are federal aid that meets the criteria of a specific categoory and have strings attached.
Block Grant: money goes to local communities for specific purposes with fewer strings attached.
What 2 significant pieces of legislation increased voting opportunities?
The Civil Rights Act of 1964 prohibited any discriminatory voter registration practices, while the Voting Rights Act of 1965 required the federal government to put an end to poll taxes and literacy tests in states.
What is the criticism of unfunded mandates?
States are forced to pay for programs that are required by federal law but not funded by federal dollars. Forces states to raise taxes or cut services.
Enumerated Powers
Powers expressed directly in the Constitution.
What are legislative vetoes? Are they constitutional?
When Congress (either house or both) block a proposed executive action. Declared unconstitutional in INS v. Chadha 1983, violated the doctrine of separation of powers.
How does the power of judicial review act as a check and balance on the legislative and executive branches?
John Marshall expanded the Supreme Court's power in the landmark 1803 Marbury v. Madison decision by writing that it was the duty of the Supreme Court to "say what the law is" and declare laws passed by Congress or acts of the executive branch invalid if they violate the Constitution.
How are the functions of the executive and legislative branches separate in regard to lawmaking?
The executive sets the legislative agenda through addresses to people, dealing with party leaders in Congress, and introducing new initiatives. Congress introduces new legislation, passes it through the committee systems and to the floor of both houses for votes, and then to the president. If vetoed, Congress may pass the bill into law with a 2/3 majority in both houses.
What is the origin of the claim of executive priviledge?
Executive priviledge allows the president to withhold information from the courts or Congress. In 1973, the Supreme Court ruled that such a claim was valid when sensitive military or diplomatic matters were involved, but it is refused to recognize an "absolute unqualified" presidential priviledge of immunity. There is nothing in the Constitution about this.
How does the media fulfill the function of agenda setting?
By deciding which stories to cover and which stories to print or broadcast, the media somewhat controls the topics of national debate, and thus the political agenda.
Does the mass media have a liberal bias?
Global media is generally more conservative, while the reporters who cover Washington hold more liberal views. The net result is a balance between the poliitical leanings of the media.
What is meant by media conglomeration?
About 80% of all daily newspapers are owned by 7 corporations. Only 2% of American cities have more than one major newspaper. About 85% of tv stations in the US are affiliated with one of the four major networks, which themselves are owned by huge conglomerates. Therefore, few viewpoints on news and entertainment are being represented.
What is the equal time rule?
Requires broadcasters who permit one candidate to campaign on tv stations to allow equal time at identical rates to all candidates for the same office.
Does the mass media change people's opinions about issues?
Usually not. However, tv news presentations are particularly effective in shaping the public's attribution of responsibility for scandalous activities. The continuous, repeated presentation encourages the publiic to blame the individuals involved, while thematic coverage leads the viewers to attribute responsibility to societal forces.
What are trial balloons?
The president and the executive branch will leak information to the press through anonymous sources so that the administration may test out an idea or a policy on the public and gauge public reaction.
Why do the media have difficulty in covering the Supreme Court?
The complex nature of Supreme Court decisions, the wording contained in the written opinions, and the specialized knowledge needed to interpret the decisions make it difficult or the public to understand, and for reporters to accurately report, what the Court is doing on a daily basis.
What is the phenomenon of narrowcasting and how has it affected campaigns?
Narrowcasting refers to people viewing only a small slice of the opinion spectrum, given byy highly opinionated commentators. The proliferation of the tv, radio, and internet sites that target highly segmented listening and viewing audience.
What was the signifiicance of the New York Times v. United States decision?
The government sough a court order to prevent a newspaper from publishing papers (Pentagon Papers) containing secrets of national interest, citing the right of prior restraint. The Court held that the government cannot exercise prior restraint.
Which medium is more closely regulated, broadcast or print?
Newspapers are not really regulatd by the federal government, but broadcasting is regulated by the FCC. No one can operate a radio or television station without a license.
What is the adversarial press?
Refers to the notion that the media is inherently suspicious, cynical, and distrustful of officials and the information that comes directly from government in the form of press releases and news leaks. This has led to attack journalism.
What is spin?
Spin is the attempt on the part of politicians or groups to recast media coverage of their activities in a more flattering light.
What are inside stories?
Inside stories, are those in which politicians reward friendly reporters by giving them exclusive information. Reporters cultivate their politican sources, as politicians cultivate their media allies.
What are the primary functions of political parties in the US?
Running candidates for office, connecting citizens to their government, informing the public, and organizing the leadership of the government.
Why do so many contemporary voters not register with either major party?
People see Democrats and Republicans as lacking vision for the country, not representing the voters' views, as being too similar to one another, and as only caring about defeating or humiliating the other party.
Why is the system of elections in the US biased against the success of third party candidates?
The single-member plurality system does not allow third party candidates to get enough votes to be represented at the state or national level. Under this system, a third party candidate would have to get more votes than any of the major party candidates to win the seat.
What are the principal types of third parties?
Ideological which are based on social, political, or economic beliefs. Splinter parties which are rogue factions of major parties. Single-issued parties, such as the prohibition party.
What is a litmus test for judges and is it legal?
Presidents appoint judges to federal courts based on whether the judges have a similar ideology to their own. This process is in fact a litmus test to see if these judges live up to this ideology before being nominated for the Supreme Court. Technically it's legal.
How did the Marbury v. Madison decision establish judicial review?
In the opinion of this case, John Marshall wrote that it is "the province and duty of the court to say what the law is." This meant that the Judiciary Act of 1789 passed by Congress was in violation of the Constitution. By striking down this law it established judicial review.
What are some suggestions for reforming the bureaucracy?
Limiting appoointments to fixed terms, requiring re-examinations and periodical performance reviews, making the firing of a bureaucrat easier, requiring employee initiative, and rotating professionals into the bureaucracy from the private sector.
Pocket Veto
A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it diey neither signing it nor vetoing it.
Veto
The constitutional power of the president to send a bill back to Congress with reasons for rejecting it. The President musut veto the entire bill even if he dislikes a small portion of it. 2/3 vote can override the veto.
Office of Management and Budget (OMB)
An office that grew out of the Bureau of the Budget, created in 1921, consisting of a handful of political appointees and hundreds of skilled professionals. The OMB performs both managerial and budgetary functions.
25th Amendment
Passed in 1951, the amendment permits the vice president to become acting president if both the vice president and the president's cabinet determine that the president is disabled. Also outlines how a recuperated president can reclaim the job.
Impeachment
The political equivalent of an indictment in criminal law, prescribed by the constitution. Impeachable offenses include "treason, bribery, or other high crimes and misdemeanors."
22nd Amendment
Passedin 1951, the amendment that limits presidents to 2 terms in office.
Cloture
The vote (requiring 60 members present) to end a filibuster.
General Accounting Office
Non-partisan Congressional agency that performs audits of the executive branch thereby helping with legislative oversight.
Congressional Budget Office
Non-partisan Congressional agency for analyzing the president's proposed budget.
Power of the Purse
Congress' budget appropriations power, one of the most powerful methods of legislative oversight.
Safe Seat
Nickname for a seat in Congress that is well protected by incumbency.
US Term Limits Inc v. Thornton 1995
US Supreme Court case striking down term limits for incumbents.
Shaw v. Reno
US Supreme Court case that banned racial gerrymandering.
Gerrymandering
Strategic redistricting performed by the majority party of the state legislature after the census. It seeks to gain a geographic advantage for one party.
Of all of the articles, which Federalist paper was the most famous and significant?
Federalist #10 by James Madison, discussing how a republic would minimize the effects of divisive political factions by dividing power among several parties.
What is the difference between original and appellate jurisdiction?
Original jurisdiction refers to the court that first heard the case. In appellate jurisdiction the case is first heard in the lower courts, and one party contests the decision and asks the higher court to review it.
What are the constitutional roles of the president?
Commander in chief (military), economic planner (budgetary), chief legislator (sets agenda), chief diplomat (treaties), and head of state (ceremonial).
What are government corporations?
Blend of private corporations and government agencies. They have more control over their budgets than do traditional agencies, but controlled by the government.
What methods do presidents use to organize the White House bureaucracy?
Nixon and Reagan used the pyramid model, which is a strict hierarchy; assistants report through a chief of staff. President may become isolated from other viewpoints. Clinton and Carter used circular model; the president has more direct contact with a wide variety of people.
Are term limits for members of Congress legal?
Not at the national level; state legislatures have term limits.
How were members of the Senate originally chosen?
By state legislatures until 1913, when the passage of the 17th amendment required the direct election of senators.
Where are the enumerated powers of Congress delineated?
Those powers are stated in Article 1 Section 8 of the Constitution.
How does the legislative branch influence the formation of the federal budget?
After Congress receives and debates the budget package formulated by the Office of Management and Budget and the president, Congress modifies the president's proposal, then sends the bills to the president for approval.
How do the federal courts make policy with their decisions?
1) Congressional statute/presidentail action can be ruled unconstitutional
2) National policy can be changed whenever the Supreme Court opts to decide an issue differently.
3) Supreme Court can say that certain issues are political questions and therefore not proper subjects for judicial resolutions.
How does the bureaucracy provide social welfare for needy citizens?
Since 1996, the Temporary Assistance for Needy Families program replaced the AFDC program, giving fixed block grants to the states to design their own welfare programs. Whatever the states do not spend on their programs they may keep.
What are at least 2 examples of the Supreme court setting the public policy agenda?
Brown v. Board of Education school desegregation, Roe v. Wade abortion rights case, Gregg v. Geogria death penalty case.
How much of the federal revenue is derived from income tax? Corporate income tax?
The individual income taxx is the federal government's biggest source of revenue. Peoplealso pay state income tax. With tax wrtie-offs, only 10% of federal revenue is derived from corporate income tax.
What is the state's role in criminal laws and sentencing?
Because each state has its own criminal laws, dramatic differences exist among states when it comes to sentencing.
What economic powers are reserved to the states?
They've retained the power to regulate business, labor, and professions. They establish laws dealing with property ownership, contracts, corporations, and torts. They closely regulate insurance and banking, set rules governing public utilities, and encourage business development.
Means-tested Entitlements
Programs such as Medicaid and welfar under which applicants must meet eligibility requirements based on need.
Entitlements
Programs such as unemployment insurance, disaster relief, or disability payments that provide benefits to all eligible citizens.
Unfunded Mandates
Programs that the federal government requires states to implement without federal funding.
North American Free Trade Agreement NAFTA
Agreement signed by the United States, Canada, and Mexico in 1992 to form the largest free trade zone in the world.
Trade Deficit
An imbalance in international trade in which the value of imports exceeds the value of exports.
Keynesian Economics
Economic theory based on the principles of John Maynard Keynes stating that government spending should ncrease during business slumps and be curbed during booms.
What are the plans to reform the electoral college?
One plan is to choose electors from congressional districts. Each state have 2 electoral votes plus one vote rom each Congressional district. Another plan is the direct popular vote. The thirs is a proportional plan, where if a candidate received 60% of a state's popular vote, he or she would receive 60% of the electoral college votes from that state.
How does the electoral college system choose the president?
There are 538 electors. Each state has as many electors as it has senators and representatives in Congress. To be elected president or vice president, a candidate must win at least 270 of the 538 votes.
What salary and benefits do the president and vice president receive?
$400,000 per year, including a $50,000 expense allowance. The salary of the VP is $202,900. Former presidents receive an annual pension of $151,800 plus up to $150,000 a year to maintain an office and staff.
What is the difference between executive agencies and independent/quasi-independent agencies?
Executive Agencies: the president can remove the leader of these agencies at any time.
Independent Agencies: leaders serve for a fixed term and cannot be removed by the president.
What is the difference between a marginal district and a safe district?
Marginal District: where a close election takes place and the winner gets less than 55% of the vote.
Safe District: an election where the winner gets more than 55% of the vote.
What are the benefits of being a member of Congress?
Apart from the base salary, representatives receive an allowance to hire up to 22 staff members, travel allowance, a housing allowance, and the priviledge to send free mailing (franking).
Where does most of the work take place in Congress?
Mostly in small committees that specialize in policy areas. These are subcommittees that take on even more specialized tasks to hold hearrings on pending legislation, debate passage of proposed bills, aand vote.
Name the departments that make up the cabinet.
Department of state, defense, agriculture, transportation, interior, justice, treasury, housing and urban development, health and human services, labor, commerce, education, energy, veteran's affairs, and homeland security.
What is the composition off the Executive Office of the President and what is its role?
The EOP is an umbrella for 10 organizations that report directly to the president. Top positions ar filled by presidential nomination with Senate confirmation. Top 3 are: Office of Management and Budget, Council of Economic Advisors, and National Security Council.
Is Congress representative of the population of the US?
Not really. The average law-maker in the US is white, middle-aged, and Protestant, which is hardly representative of the population.
What are the constitutional qualifications to run for the House of Representatives?
25 years old, citizen of the US for 7 years, and a resident of the state in question.
What does it mean to run for Congress by running against Congress?
Many people believe that Congress is broken and incapable of effectively solving the problems of the nation in a timely fashion. So when people run for office, they position themselves as outside the institution, ready to effect change and fix what is broken in the institution.
Who writes the decision in a Supreme Court case?
Once a decision in a case has been reached, the Chief Justice assigns the task of writing the opinion of the court. Disagreers write dissenting opinion, and same for people with concurrent opinions.
How does the Supreme Court decide to hear a case?
The court issues a writ of certiori to bring the case to a higher court. The court receives 8,000 petitions each term and agrees to hear less than 1%.
What are constitutional courts?
Courts that specifically exercise judicial power found in Article 3 of the Constitution. Includes 94 district courts and 13 courts of appeals. Judges serve life terms.
What is the nature of the Supreme Court's jurisdiction?
The court has original jurisdiction in cases involving ambassadors, ministers, and consuls, and in cases in which the state is a party. Apellate jurisdiction is granted in all other cases.
Merit Principle
The idea that hiring should be based on entrance exams and promotion ratings to produce administration by people with talent and skill.
Pendleton Civil Service Act
Passed 1883, an act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage.
Patronage
A job, promotion, or contract given for political reasons rather than on merit alone. One of the key inducements among corrupt urban party machines of the past.
Rule of Four
Minimum number of justices that must be in agreement to grant the writ of certiori.
Writ of Certiori
A formal document from the US Supreme Court that calls up a case from the lower courts.
Judicial Activism
A judicial philosophy that advocates bold policy decisions to correct social and political problems.
Judicial Restraint
A judicial philosophy in which judges play minimal policymaking roles.
Precedent
How similar cases have been decided in the past.
Opinion
A statement of legal reasoning behind a judicial decision; the content of which may be as important as the decision itself (majority, concurring, dissenting).
Solicitor General
A presidential appointee in the Department of Justice responsible for choosing and arguing cases before the Supreme Court on behalf of the US government.
Senatorial Courtesy
An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator fromthe state in which the nominee will serve.
Supreme Court
The "highest court in the land", ensuring uniformity in interpreting national laws, resolving conflicts among states, and maintaining national supremacy of the law. The S.C. has the power to set precedent; to make decisions that carry the force of law for future generations.
Court of Appeals
Appellate courts empowered to review all final decision of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies.
District Courts
The 91 federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled.
Appellate Jurisdiction
The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review factual record, only the legal issues involved.
Original Jurisdiction
The jurisdiction of the courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.
Standing
The requirement that plaintiffs have a serious interest in a case; depending on whether they have sustained a direct injury.
Clinton v. NYC 1998
US Supreme Court case that strikes down the line-item veto, passed by Congress only 2 years earlier.
Korematsu v. US 1944
US Supreme Court case upholding the constitutionality of internment camps for Japanese Americans.
Budget and Impoundment Control Act 1974
Legislation creating the Congressional Budget Office and requiring Congressional approval for the president's use of impoundment.
Impoundment
A presidential effort to temporarily or permanently block the flow of funds that Congress has already approved.
US v. Nixon 1974
US Supreme Court case defining executive priviledge and limiting the president's use of it in cases of national security.
INS v. Chadha 1983
US Supreme Court case striking down the legislative veto on account of its violation of the separation of powers.
Legislative Veto
The ability of Congress to override a presidential decision. Although the War Powers Resolution asserts this authority, there is reason to believe that, if challenged the Supreme Court would find this legislative veto in violation of the doctrine of separation of powers.
War Powers Act
A law passed in 1973 in reaction to American fighting in Vietnam and Cambodia, requiring presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension.
14th Amendment
Prohibits states from denying equal protection of the laws.
19th Amendment
Provided women with the right to vote.
Poll Taxes
Taxes levied on the right to vote designed to disenfranchise poor blacks.
Suffrage
The legal right to vote (connected to 15th, 19th, and 26th amendments).
13th Amendment
Abolished slavery and involuntary servitude.
Voting Rights Act of 1965
A policy designed to reduce the barriers to voting for those suffering from discrimination.
What are the differences between power, authority, and legitimacy?
Power: 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: when people accept decisions made by people with the authority to make those decisions.
In the book The Prince, Niccolo Machiavelli gave what famous advice to the prince of Florence, Italy?
Called the theory behind the practice of modern American politics. "It is better to be feared than to be loved," and that the appearnce of an honest, trustworthy ruler is more important than actually being one.
Gibbons v. Ogden 1824
A landmark case in which the Supreme Court interpreted very broadly the clause in Article 1 Section 8, the Constitution giving Congress the power to regulate interstate commerce, encompassign virtually every form of commercial activity.
Full Faith and Credit Clause
A clause in Article 4 Section 1 of the Constitution requiring each state to recognize the official documents and civil judgments rendered by the courts of other states.
Dual Federalism
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policy.
Cooperative Federalism
A system of government in which powers and policy assignments are shared between states and the national government. They can also share costs, administration, and even blame for programs that work poorly.
What is the practice of Senatorial courtesy and when is it used?
Senatorial courtesy is when presidents appoint judges. Presidents often defer to the suggestion of nominated federal district court judges in the home state of the district court.
Junket
Name given to Congressional trips at the expense of taxpayers or interest groups and corporations.
Reciprocity
The tradition in Congress of trading votes; also called logrolling.
Seniority System
A rule for choosing committee chairs that has slowly been replaced since the 1970's.
Legislative Oversight
Congressional monitoring of the bureaucracy and its administration of policy, performed mainly through hearings.
Select Committee
Committees appointeed for a single purpose, such as investigations.
Conference Committees
Committees formed from each house to reconcile the language of a bill as it emerges from the House and the Senate; "iron out" language differences.
Joint Committees
Committees on a few subject matter areas with membership drawn from both houses.
Standing Committees
Separate subject-matter committees in each house that handle bills in different policy areas.
Minority Leaders
The principal leader of the minority party in the Senate and House of Representatives.
Whips
Leaders who track vote totals and lean on anyone who may be influenced before the vote occurs; target undecided members.
Majority Leader
Responsible for scheduling bills, influencing committee assignmentts, and rounding up votes.
Speaker of the House
Constitutionally mandated position chosen by the majority party in the House; first in command in the House; second in line of presidential succession.
Filibuster
Stalling technique unique to the Senate used to "talk a bill to death".
House Rules Committee
Committee that reviews all bills (except revenue, budget, and appropriations) that come out of committee before they enter the full House for debate; they attach "rules" to bills.
Bicameral Legislature
A legislature divided into 2 houses. The bicameral nature of a governing body provides for increased checks and balances, and deliberate effeciency.
Pork Barrel Legislation
The list of federal projects, grants, and contracts that incumbents secure for their constituents.
Incumbents
Members of Congress who already hold office.
How did the literacy tests, poll taxes, and grandfather clause effectively prevent newly freed slaves from voting?
Literacy tests were a very difficult test on civic knowledge given to blacks before they were permitted to vote. Poll taxes were a fee required to vote, which few blacks could afford. A grandfather clause allowed a person to vote if he or his ancestors voted prior to 1867.
How did the Australian ballot change the way elections were held in the US?
They started the practice of government printing out the ballots instead of the politial parties. This reduced fradulent vote counts, something the US needed during the 1890's.
What is the most common form of political participation?
Voting is the most common form.
What is the most important factor that predicts whether a citizen will vote?
Level of education is the most important factor.
Which age group votes the most? The least?
People between 18-24 vote the least, while those over 45 vote the most.
What factors contribue to the development of political efficacy?
Efficacy is the feeling that one can understand government and can effeciently participate in it, and that government will respond to the citizens' demands. Efficacy is dependent upon several factors, the most important being: the higher the education the higher the efficacy.
How does the political culture of the US compare to that of Europe?
The US politically stresses individualism, competition, equality, and following the rules. Europeans stress communalism, social responsibility, and cooperation. People in the US vote less but participate in other ways more, have greater access to their local officials, and have more faith in their national institutions than people in other nations.
What are some general traits of libertarians?
They are conservative on economic matters and liberal on social matters. They want a small weak government that has little control over the economy or the personal lives of the citizens. Tend to be young, college educated, whites, and live in the West.
What are agents of political socialization?
Family, religion, school, peers, group affiliation, and exposure to mass media.
What is political socialization?
Process by which citizens acquire a sense of political identity. It allows citizens to become aware of politics; form political values, opinions, and attitudes; and to associate themselves with a political party.
What is the difference between political ideology and political culture?
Political Ideology: consistent set of views concerning the policies government ought to pursue.
Political Culture: patterned set of ways of thinking about how government and politics ought to be carried out
What is the role of religion in American politics?
The US is among the most religious countries in the world. The average citizen is likely to believe in God, to pray on a daily basis, and to attend religious services. However, the boundary between church and state is part of the foundation that government is built on.
What are some general traits of populists?
Populists are liberal on economic matters and conservative on social issues. They want a government that will reduce economic inequality and control business, but they also want it to regulate personal conduct, enforce criminal legislation, and permit school prayer. Tend to be older, poorly educated, low income, religious, and femals, and tend to live in the South or the Midwest.
What are the conflicting philosophies of equality of opportunity and equality of results?
Equality of Opportunity: all persons should be aable to achieve success if they are given the same original opportunity.
Equality of Results: everyone caan achieve the same results despite differences in the backgrounds if they work hard enough and overcome obstacles.
What is the nature of tolerance in the US?
The overwhelming majority believes in freedom of speech, freedom of religion, and the right for unpopular groups to assemble and petition. When Americans are asked about what groups they dislike, their tolerance decreased dramatically.
What are the culture wars?
2 cultural classes in the US, and that these 2 groups engage in a constant battle over values. Commonly seen as liberals v. conservatives.
Categorical Grants
Federal grants that can be used only for specific purposes of state and local spending. They come with strings attached.
Project Grants
Federal categorical grants distributed according to a formula specified in legislation or in an administrative regulation.
Block Grants
Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services.
Mandate
Requirements (sometimes unfunded) that direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of federal grant funds.
Equal Protection of the Laws
Provided by the 14th amendment mandating that all people be protected by the law (connected to the incorporation doctrine).
What is hyper-pluralism?
The idea that so many groups that represent so many different interests cause a virtual deadlock of government action.
Fiscal 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.
Bush v. Gore 2000
An extremely controversial US Supreme Court case that stopped a manual recount of ballots in Florida, thereby awarding Florida's electoral votes to George W. Bush and declaring him the winner of the 2000 election.
Retrospective Voting
A theory of voting in which voters essentially ask this simple question: "What have you done for me lately?"
Policy Voting
Electoral choices that are made on the basis of the voter's policy preferences and on the basis of where the candidates stand on policy issues.
Motor Voter Act
Passed in 1993, this Act went into effect for the 1996 election. It requires states to permit people to register to vote at the same time that they apply for their driver's license.
Voter Registration
A system adopted by the states that requires voters to register well in advance of election day.
Civic Duty
The belief that in order to support democratic government, a citizen should actively participate in the political process.
Political Efficacy
The belief that one's political participation really matters; that one's vote can actually make a difference. Since the 1960's, it has been dropping, especially among 18-25 year olds.
Bandwagon Effect
An effect caused by exit poll projections in which undecided voters turnout to support the candidate who is leading in the polls.
Civil Disobedience
A form of political participation that reflects a conscious decision to break a law believed to be immoral and to suffer the consequences.
Laissez-faire Economics
Theory that opposes governmental interference in economic affairs beyond what is necessary to protect life and property.
Federal Reserve System
The system created by Congress in 1913 to establish banking practices and regulate currency in circulation and the amount of credit available. It consists of 12 regional banks supervised by the Board of Governors.
Monetarism
A theory that government should control the money supply to encourage economic growth and restrain inflation.
Tax Expenditure
Loss of tax revenue due to federal laws that provide special tax incentives or benefits to individuals or businesses.
Sales Tax
General tax on sales transactions, sometimes exempting food and drugs.
Office of Management and Budget
Presidential staff agency that serves as a clearing house for budgetary requests and management improvements for government agencies.
National Debt
The total amount of money the federal government has borrowed to finance deficit spending over the years.
Regressive Tax
A tax whereby people with lower incomes pay a higher fraction of their income than people with higher incomes (flat tax).
Progressive Tax
A tax graduated so that peoplewith higher incomes pay larger fraction of their income than people with lower incomes.
Tariff
Tax levied on imports to help protect the nation's industries, labor, or farmers from foreign competition. It can also be used to raise additional revenues.
Deficit
The difference between the revenues raised annually from sources of income other than borrowing and the expenditures of government, including paying the interest on past borrowing.
Civil Liberties
Legal and constitutional protections against government infringement of political liberties and criminal rights.
Exit Polls
Public opinion surveys used by major media pollsters to predict electoral winners with speed and precision.
List at least 3 constitutional differences between the House of Representatives and the Senate.
House initiates revenue bills, brings impeachment charges, passes articles of impeachment, serve 2 year terms, and is apportioned by population. The Senate confirms appointments, holds impeachment trials, is elected ffor 6 year terms, has equal representation from each state, and approves treates.
Regulation
The use of government authority to control or change some practice in the private sector. Regulations pervade the daily lives of people and institutions.
Random Sample
Every individual has unknown and random chance of being selected.
Independent Regulatory Agency
A government agency responsible for some sector of the economy, making and enforcing rules to protect the public interest (also judges dispute over these rules).
Iron Triangle
Policy-making relationship among the congressional committees, the bureaucracy, and interest groups.
Hatch Act
A federal law prohibiting government employees from active participation in partisan politics during work hours.
How did Shay's Rebellion demonstrate the weaknesses of the Articles of Confederation?
The Massachusetts militia was unable to control the rebellion. The even forced state government to acknowledge the need for a stronger central government that could exert stronger control over its citizens.
What major issue divided large states and small states at the Constitutional Convention?
Equitable representation for large and small states in the legislature. Large states wanted representation based on population and small states wanted equal representation. The Great Compromise led to a bicameral national legislature.
How did the 3/5 Compromise balance the interests of the Northern and Southern states?
North wanted slaves counted for taxation and not representation, South wanted slaves counted for representation but not taxation. They decided that slaves would be counted as 3/5 of a person for both taxation and representation.
Pluralist Theory
A theory of government and politics emphasizing that politics is mainly a competition among groups, each one pressing for its own preferred politics.
Hyperpluralism
A cynical theory of government and politics contending that groups are so strong that government is weakended.
Declaration of Independence
The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.
US Constitution
The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the US government and the tasks these institutions perform. Replaced Articles of Confederation.
Natural Rights
Rights inherent in human beings, not dependent on government, which include life, liberty, and property. The concept was central to John Locke's theories about government, and was widely accepted among America''s Founding Fathers.
Consent of the Governed
The idea that government derives its authority by sanction of the people.
Articles of Confederation
The first constitution of the US, adopted by Congress in 1777 and enacted in 1781. The articles establihed a national legislature, the Continental Congress, but most authority rested with the state legislature.
Factions
Interest groups arising from the unequal distributions of property or wealth that James Madison atttacked in Federalist Paper #10. Today's parties or interest groups are what Madison had in mind when he warned of the instability in government caused by factions.
Separation of Powers
A feature of the Constitution that requires each of the 3 branches of government to be relatively independent of the other so that one cannot control the others. From Montesquieu.
Checks and Balances
Feature of the Constitution that limit government's power by requiring that power be balanced among the different governmental institutions. These institutions continually check one another's activities. Like Madison's Federalist #51.
Federalists
Supporters of the US Constiitution at the time the states were contemplating its adoption. A federalist favored a strong central government.
Anti-Federalists
Opponents of the American Constitution at the time when the states were contemplating its adoption. An anti-federalist viewed the Constitution as a threat to both individual and state rights. Their solution was to propose a Bill of Rights.
Bill of Rights
The 1st 10 amendments to the US Constitution, drafted in response to some of the anti-federalists' concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendants' rights.
Federalism
A way of organizing a nation so that 2 or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government.
10th Amendment
"The powers now delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Implied Powers
Powers of the federal government that go beyond those enumerated in the Constitution. Congress has the power to make all laws "necessary and proper for carrying into execution" the powers enumerated in Article 1.
Define political culture.
Set of basic values and beliefs about the country or government shared by most citizens.
Explain the balance between majority rule and minority rights.
The will of the majority extends only until it takes away the rights of the minority. Political culture in the US will often protect the rights of the minorit at the expense of the will of the majority.
List core values of political culture in the US.
Liberty, equality, individualism, democracy, rule of law, and equality under the law.
According to Alexis de Tocqueville's Democracy in America, why was democracy so successful in the US?
De Tocqueville claimed that the independent frontier spirit of the people, the abundance of fertile land, and the fact taht the US lacks a feudal past all combined to ensure the success of democratic government.
How do elites influence public policy?
Elite view shape mass views by influencing both what issues capture the pubic attention and how those issues are debated and decided. Furthermore, elites state the norms by which issues should be settled. They set the range of acceptable/unacceptable policy options.
How do pollsters draw a representative sample?
One method is cluster sampling, where groups are drawn by geographic divisionss. Another method is random digit drawing, where people over 18 with birthdays in a certain month are asked to complete a questionaire.
What are straw polls, and are they reliable?
Unscientific attempts to measure public opinion, often used by newspapers, tv stations, internet sites, and members of Congress. Are NOT reliable because there is no guarantee that the group/sample is representative of the population as a whole.
What is the new class?
Sociologists and political scientists often claim that there is a new class of people who benefit from the power, resources, and growth of government. They constitute a new elite that are wealthy and powerful because of their connections with the government, not business.
How does the region affect public opinion in the United States?
The South is the least liberal, with the Midwest more liberal, and the East/West Coast more liberal.
How does race affect public opinion?
African Americans are generally more liberal than other racial groups on issues ranging from housing discrimination to the death penalty, national defense, and national health insurance. Often within the Democratic party.
What are the negative consequences of early exit polls?
Voters in the Midwest and on the West Coast are influenced by the results on the East Coast, which are broadcast well before voting finishes further west; could potentially lead to discouraging people to vote.
What is a representative sample in a poll?
Everyone in the population has an equal probability of being selected. Pollsters hoping to attain an accurate picture of the public opinion on a particular issue using this technique.
What does a sample error of +/- 3% n a public opinion poll really mean?
The results of the poll could actually be 3 points higher or lower than the number reported.
How are federal programs implemented?
Mainly carried out by the state. The federal government provides the money and general guidelines, but the administrationn of the programs is left up to the states.
How does Congress act to constrain the bureaucracy?
Mainly through laws. The Privacy Act of 1974 requires all government files about individuals to be kept confidential. The Open Meeting Law of 1976 ensures that all agency meetings are open to the public.
Which outside groups influence the nomination of federal judges?
Aside from conferring with senators and the attorney general, the president seeks advice from outside the government for judicial nominations. The American Bar Association provides a rating for a potential nominee to federal judgeships. A variety of interest groups attempt to influence the nomination process.
Who files amicus curiae briefs in Supreme Court cases?
Interest groups on the side of the petitioner or respondent wil file a written statement in support of that view. Justices use these and other briefs to decide on a case.
What are the historic trends of presidential popularity during terms of office?
Almost every president has lost popular support between inaguaration and departure from office. A president's popularity tends to be highest immediately following election or re-election. The first 100 days of a president tend to be the most productive from a legislative standpoint.
What factors have contributed to the increased size and power of the bureaucracy?
Increased population demanded more services from the government. The bureaucracy has also expanded in response to economic and political crises, such as the Great Depression. Another factor is the desire of presidents and members of Congress to provide more services to constituents.
How does the president have an advantage over Congress in influencing public opinion?
The bully pulpit is a tool the president uses to influence public opinion that is unavailable to Congress. The president can appeal directly to the people through televised speeches, press conferences, and other events.
What is gerrymandering?
The process of dividing out congressional districts, following the census, to favor one political party or group over another.
What are the most prominent criticisms of bureaucracy?
It promotes excessive rules, regulations, and paperwork: that it fosters interagency conflicts; that tasks are duplicated by various agencies; that there is too much waste and unchecked growth; and that there is a lack of accountability.
What is presidential impoundment?
Impoundment is the presidential practice of refusing to spend money appropriated by Congress. The Budget Refom Act of 1974 requires the president to spend all appropriation funds, unless Congress approves all impoundments.
How is the vice president replaced without a popular election?
The president nominates a new vice president, who assumes office when both houses of Congress approve the nomination. A VP who assumes the presidency then nominates a new VP who is also confirmed by Congress.
How is presidential power limited by the War Powers Act of 1973?
It compels the president to notify Congress within 48 hours if troops have been placed in hostile situations and to seek Congressional approval after troops have been in combat for 60 days.
What are the non-legislative powers of Congress?
Electoral powers (in the case of the failure of the electoral college), impeachment powers, executive powers (which allow the Senate to approve appointments and confirm treaties), and investigative and oversight powers (which allow Congress to oversee the executive branch).
What is the difference between authorization and the appropriation of funds for the budget?
When a law is passed that sets up a government program, Congress must pass an authorization bill that states the maximum amount available. When the nation's budget is set, only Congress can set the appropriations, or the actual amount available in a given year, for each program that it has authorized.
Cruel and Unusual Punishment
8th amendment prohibits such punishment.
5th Amendment
Prohibits government from forcing individuals to testify against themselves.
Self-incrimination
Testifying against oneself; forced confession (unconstitutional by the 5th amendment).
6th Amendment
Designed to protect individuals accused of crimes; includes the right to counsel, the right to confront witnesses, and the right to a public and speedy trial.
Civil Rights Act of 1964
Forbids discrimination in public accommodations and facilities.
15th Amendment
Provides the right to vote for African-Americans.
24th Amendment
Prohibits poll taxes in federal elections.
What is the theory of democratic centralism?
Several leaders at the top of the government solicit public opinion on a general policy question, consider the options, and then make a decision that is in the best interest of that public.
Which theory of government claims that small groups of individuals and/or business dominate the policymaking process in their own interest?
Elitism: claims small groups dominate policymaking.
How do characteristics of a totalitariam system differ from a democratic system?
Totalitarian System: government retains unlimited powers for the benefit of the elite rulers; has total control over people and economy.
Democratic System: government is limited by law, representatives chosen by peope, dissent is tolerated, and citizens' membership in groups is allowed.
What powers are denied to the government by the Constitution?
Article 1 Section 9 says the government can't suspend the writ of habeas corpus, pass a bill of attainder or ex post facto law, levy taxes on exports, or grant titles of nobility.
What are 3 examples of concurrent powers?
Concurrent powers are shared by the federal and state governments. Ex: making laws, power to taax, maintain courts, define crimes, and to appropriate private property for public use.
What is the devolution revolution?
The tendency of federal government to place the responsibility for how grant money is spent in the hands of states (emphasis on states solving problems).
What are the differences between categorical grants, block grants, and revenue sharing?
Categorical Grants: for specific purposes and often require local matching funds.
Block Grant: money devoted to general purposes with few restrictions.
Revenue Sharing: requires no matchin funds and allows greater freedom in spending decisions.
How did the doctrine of dual federalism develop?
Gibbons v. Ogden 1824 reaffirmed the concept of federal supremacy over interstate trade and state supremacy over intrastate trade. Federal government has continuously been intruding on state matters recently.
How has the principle of separation of powers prevented presidents from successfully having their judicial nominees confirmed?
President appoints judges and Senate confirms them. The Senate uses filibusters to delay or prevent a vote. 60 votes required to bring an issue to a vote and end a debate (confirm judges).
What are examples of checks and balances between the legislative and executive branches?
President appoints Cabinet members, Senate confirms them. President sends troops but Congress declares war. President negotiates treaties and Senate ratifies them. House can bring impeachment charges, Senate holds trial and votes on removal.
What is the lame duck amendment?
20th amendment sets the end of the president and vice president's term. When they won't be in office the following term it's ineffectivve to propose legislation.
List at least 3 methods of informally amending the Constitution.
Legislative actions that alter/clarifyy the Constitution. Executive actions entail the use of presidential power. When judicial interpretation/review occurrs.
What is the most common method of amending the Constitution?
When a bill is passed by 2/3 of Congress and ratified by the state legislatures with a 3/4 vote. Has happened 26 times.
How are the functions of the legislative, executive, and judicial branches separated and checked in the Constitution?
Article 3 Congress has the power to establish lower courts. Article 2, Senate confirms Presidential appointments to federal/Supreme Court judges. Marbury v. Madison 1803 established judicial review.
What were the 3 central arguments against ratification of the Constitution put forth by the Anti-Federalists?
Fear of a strong central government, the Constitution would create an elite economic class that would abuse individual rights, and they wanted fewer limits or popular participationin the political process.
What are John Locke's arguments in the Second Treatise on Civil Government?
Locke argued that humans, in a state of nature, were born equal and that they possessed natural rights that no king had the power to voiid. The consent of the governed is the only true basis of a king or sovereign's right to rule. A chief executive is limited by the social contract with the governed.
What are Thomas Hobbes' arguments in the Leviathan?
Hobbes believed that humans are basically selfish, individualistiic, and constantly at war with each other. People need an institution to govern them and maintain order. Hobbes wanted a single ruler to protect the rights of the weak against the wishes of the strong.
What were the provisions of the Virginia Plan offered at the Constitutional Convention?
1) Strong national government with 2 chambers
2) Strong national executive
3) National judiciary
Appealed to larger states.
What were the provisions of the New Jersey Plan?
Proposed unicameral legislation with one vote for each state, a weak executive elected by Congress, and a national judiciary. Appealed to small states.
What are the 4 principle parts of the Declaration of Independence, and to whom is it addressed?
Addressed to King George 3 of Great Britain.
1) Preamble/introduction
2) Theory of republican government
3) List of grievances
4) Formal declaration of independence
Elite and Class Theory
A theory of government and politics contending that societies are divided along class lines and that the upper-class elite will rule.
Limited Government
The idea that certain restrictions should be placed on government to protect the natural rights of citizens.
Shay's Rebellion
A series of attacks on courthouses by a small band of farmers led by Revolutionary War captain Daniel Shays to block foreclosure proceedings. Historians consider this the last straw against the Articles of Confederation.
Federalist Papers
A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.
Supremacy Clause
Article 6 of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its Constitutional limits.
McCulloch v. Maryland 1819
A Supreme Court decision that established the supremacy of the national government over state governments. Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.
Elastic Clause
The final paragraph of Article 1 Section 8 of the Constitution, which authorizes Congress to pass all laws "necessary and proper" to carry ou the enumerated powers.
Formula Grants
Federal categorical grants distributed according to a formula specified in legislation or in an administrative regulation.
How does Article 6 of the Constitution establish the supremacy of the federal government?
It stated that the laws of the US are the supreme law of the land. McCulloch v. Maryland 1818 said federal laws prevail over state laws, especially when they conflict (supremacy clause).
What is the Constitutional basis for separation of powers?
Can be found in several principles, such as the separation of government into 3 branches, the conception that each branch performs unique and identifiable functions, and the limitation of personnel to a specific branch.
What delayed the ratification of the Articles of Confederation?
The Revolutionary War and disagreements between the 13 states were the main causes of the delay. State disagreements were over small issues like boundary lines, (foreshadow larger debates), such as the representation of large/small states.
What did the American with Disabilities Act of 1990 accomplish?
Forbids employers and owners of public accommodations from discriminating against people with disabilities. States must provide equal access to all public services/buildings.
What are the rules regarding religious clubs/organizations that meet in public schools?
1) Must meet outside of school hours.
2) Religious clubs not allowed was unconstitutional content-based discrimination, permitting meetings didn't violate the Establishment Clause.
What is the name of the judicial concept that has been used to apply the protections of the 14th amendment to the states?
Incorporation doctrine (ongoing).
Exclusionary Rule
Prohibits the government from including illegally obtained evidence in a trial (Mapp v. Ohio).
What is the role of police in protecting the rights of the accused, as guaranteed by the 5th and 6th amendments?
1966 Miranda v. Arizona; when police arrest a suspect they must inform the suspect of their constitutional rightsto remain silent and consult with an attorney.
Do public school students enjoy the same protections as adults with regards to the 4th amendment protection against unreasonable search and seizure? Why?
No. New Jersey v. TLO 1985; 4th amendment does not apply to students in schools because they do not have the rights afforded toadults in the criminal justic system. This protects students and maintains order.
What precedent was Gideon v. Wainwright?
1963; set precedent that in capital cases, and teh defendant is too poor to hire an attorney, the state must provide one.
What does the 8th amendment prohibit?
It prohibits excessive bail/fines and cruel and unusual punishment for crimes.
What is the right of expressive association?
Boy Scouts of America v. Dale 2000 ruled that forcing the Boy Scouts to admit a homosexuual as a scout leader would violate the private organization's right of freedom of association.
What amendments were passed following the Civil War to ensure the rights of former slaves?
13th, 14th, 15th amendments.
Do students have reasonable expectations as to the right of privacy with regards to drug testing in school?
No. Vernonia v. Acton 1995 decided students must submit to random drug testing in order to participate in interscholastic athletics. Students in a school environment "have a lesser expectation of privacy than members of the population generally."
What are the 2 protections of freedom of religion guaranteed by the 1st amendment?
Establishment Clause: protects individuals from the state establishment/sponsorship/favoritism of an offical religion.
Free Exercise Clause: citizens are permitted to practice their individual religions as they do not endanger society/break laws.
What was Chief Justice Warren's reasoning in Brown v. Board of Education?
Warren found that "in the field of public education the doctrine of 'separate but equal' has no place" because "separte but equal" facilites are inherently unequal. Overturned Plessy v. Ferguson 1896.
What is the difference between de jure and de facto segregation?
De jure: legally binding segregation, unconstitutional
De facto: segregation by fact.
States still draw schol district lines to create single race schools.
Bill of Rights
1st 10 amendments to the Constitution (incorporated into the state governments as well).
Establishment Clause
1st amendment prohibits the government from establishing a religion; is the basis for the separation of church and state.
1st Amendment
Establishes freedomof religion, press, speech, and assembly.
Free Exercise Clause
Government is prohibited in the 1st amendment from interfering in the practice of religion
Incorporation Doctrine
Legal concept under which the Supreme Court has "nationalized" the Bill of Rights by making most of its provisions applicable to the states through the 14th amendment.
Libel
Publication of false or malicious statements that damage someone else's reputation (not protected by 1st amendment).
Prior Restraint
Government instrument to prevent material from being published (not constitutional in most cases).
Probable Cause
Police must have a good reason to arrest or search someone (linked to 4th amendment).
Right to Privacy
A contrived right from unstated liberties in the Bill of Rights.
Unreasonable searches and seizures
Obtaining evidence without a good reason (against 4th amendment).
Civil Rights
Extending citizenship rights to those previously denied them.
Affirmative Action
A policy designed to give special consideration to those previouslyy discriminated against.
Americans with Disabilities Act
Passed in 1990; strengthened protections of individuals with disabilits by requiring employers and public facilities to make "reasonable accommodations" and prohibiting employment discrimination against people with disabilities.
Excise Tax
Consumer tax on a specific kind of merchandise, such as tobacco.
Unemployment
The number of Americans who are out of work but actively looking for a job. The number does not usually include those who are not looking.
Inflation
A rise in the general price leve (and decrease in dollar value) owing to an increase in the volume of money and credit in relation to available goods.
Monetary Policy
Government policy that attempts to manage the economy by controlling the money supply and thus interest rates.
Fiscal Policy
Government policy that attempts to manage the economy by controlling taxing and spending.
Issue Network
A policymaking alliance among loosely connected participants that comes together on a particular issue, then disbands.
Redistributive Policy
A type of policy that takes benefits (usually through taxes) from one group of Americans and give them to another (usually through spending).
Distributive Policy
A type of policy that provides benefits to all Americans.
Policy Agenda
The informal list of issues that Congress and the president consider most important for action.
Public Policy
A specific course of action taken by the government to achieve a public goal.
16th amendment
The constitutional amendment adopted in 1913 that explicity permitted Congress to levy an income tax.
Income Tax
Shares of individual wages and corporate revenues collected by the government. The 16th amendment explicity authorizes Congress to levy a tax on income.
Revenues
The financial resources of the federal government. The individual income tax and social security tax are 2 major sources of revenue.
Expenditures
Federal spending of revenues. Major areas of spending are social services and the military.
Budget
A policy document allocating burdens (taxes) and benefits (expenditures).
How is the federal budget formulated?
Each federal agency submits a detailed estimate of its needs for the year to the Office of Management and Budget. Then the OMB hold meetings to coordinate all requests into a single budget request, which the president will submit to Congress.
What is the debate over deregulation in economic policy?
Many people saw regulating agencies as protecting the industries' profit margin rather than the public good.
How does the Federal Reserve Board use the money supply to manipulate monetary policy?
They alter the reserve requirement (amount of deposits member banks are required to keep on hand), changing the discount rate (interest rates banks have to pay to borrown money from the Fed), and buying/selling securities in the open market.
What are the major forces in public policymaking?
- Organized/disorganized groups
- Courts
- Bureaucracy
- Senate
- National media
Although there is no national healthcare system in the US, the largest portion of government spending is for what entitled program?
Medicare and Medicaid programs.
What is fiscal policy?
Policy of taxation and spending that makes up the nation's economic policy and is designed to improve the overall economic health of the nation.
What was the effect of Planned Parenthood v. Casey?
It left courts to grapple with abortion regulations through application of a new test:
Does the regulation in question place an undue burden on a woman's right to choose an abortion?
How has Brown v. Board of Education affected the policy of racial integration of schools?
Effect: Desegregation of schools with "all deliberate speed." De facto segregation made it difficult to integrate in certain areas.
What is client politics?
When a policy confers a benefit on one group at the expense of other people.
How has dealing with deficits drive state policy agendas?
Since 2002, growth in state Medicaid cots, shortfall in revenue, and a sudden urge for funding for homeland security measures found most states dealing with budget deficits.
What are 2 basic kinds of policy agendas?
Systematic Agenda: discussion agenda of all issues that are seen as meriting public attention.
Government/Institution Agenda: problems that legislators/public officials feel are worth serious time and attention.
What determines whether an issue is on the policymaking agenda?
The most important factors are shared political values, the weight of custom and tradition, the impact of events, the coverage of these by the mass medai, and changes in the ways political elites think about it.
What factors influence party identification among voters?
Ideology, education, income, occupation, race and ethnicity, gender, religion, family tradition, regional residence, and marital status.