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238 Cards in this Set

  • Front
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Huntington
Political Modernization
institutions didn't undergo revolutionary change, why conservatism hasn't flourished. Lack social institutions to preserve
Federalist No 10
Madison

Factioning. contrary to rights of whole community. Counter factioning with a large and diverse republic. Need a strong, controlling govt.
Montesquieu
Tyranny results when one branch of govt simultaneously holds the powers of another branch
Federalist no 37
Madison
Stability govt is essential but so is preservation of liberty so need them in their "due proportions"
Federalist no 47
Madison
Counters Montesquieu's tyrannical interpretation. Argues he meant that departments ought to have no involvement what so ever in the acts of each other. He said Montesquieu actually supported system of checks and balances
Federalist No 48
Madion
"power is of an encroaching nature"
need to preserve "separate and distinct" qualities of branches
Legislative branch will be greatest threat because in representative republic it over reaches the most (based on examples of state constitutions)
Federalist 51
Madison
appropriate checks and balances and separation of powers
"ambition must be made to counteract ambition"
Federalist 70
Hamilton
deals with question of plural executive. Argues this tends to conceal faults and destroy responsibility. Wants strong, singular executive because quick and efficient
Federalist 78
Hamilton
judicial branch will be the weakest because no Force or Will.
Congress controls the money, President the military and Judicial branch relies of the two other institutions as source of power.
if unrestrained by external checks, individual will tyrannize over others.
natural rights of madisonian democracy not clearly defined
"give all power to the many, they will oppress the few. Give all power to the few, they will oppress the many" - Hamilton
No deep seated distrust of executive in federalist papers.
Can't control sources of factions, so control their effects.
Control minority tyranny with elections and majority with large diverse republic so they don't work together effectively.
Dahl
Sense of patriotism great in America and believe system superior to all others.
more equality of opportunity and less equality of result.
Lipset - American Exceptionalism
Anti-federalists see states as source of legitimacy for Constitution, noted United People. "states rights"
Framers don't see it that way. See it as a compound republic (Madison) where the federal govt and state govt split sovereignty. People will be freer under two levels of govt.
Federal govt better at providing public goods and preventing races to the bottom in states.
States don't loose that much sovereignty because federal govt can't set ceiling for state policies just a floor
Worst federalization though is federalization over crime
Only three enumerated federal crimes: counterfeiting currency, piracy on high sea, and treason. Through commerce clause alone fed created 3,000 federal crimes. Can't mount national police power like this.
Sullivan - relationship between states and federal govts
Claim that politics becoming more polarized but really it is just the elite.
Liberal Republicans and Conservative Democrats gotten scarce due to realignment of south so Republicans increasingly conservative.
Media reflects the elite so shows polarization
Growth more centrist and tolerant actually in public opinion
even if electorate is centrist though voters can choose only among candidates on ballot and vote only on basis of issues that are debated
people that participate in politics strong feelings about issues
old time part machines disappeared and replaced by advocacy groups more intensely concerned with issues
problem is that if one side locates away from center is electorally punished but if both do electorate has to choose between extremes.
culture war and polarized america myth - exists only in the elite
Fiorina
American dream: inflinite possibility, limitless resources. everyone regardless of background shares it. however contains no provision for failure. If lose and can't win, no one is convinced because don't listen to losers.
Always trying to achieve success may cause cheating, evasion of responsibility etc
Hocheschild
Participation in presidential declined 1/3 in last 35 years
Conventional reasons for poor turnout:
registration hurdles and disenfranchisement and Jim Crow laws.
However, even after Voting Rights Act and Civil Rights Act still net decline in voting.
Non voters: growing distrust in govt, declining party mobilization, fraying social bonds, political dealignment
Parties more professional and commercialized
Financial capital replacing social capital (mass marketing for grass roots networks)
More activities depend on each other, greater decline in participation. Individual participation falling slowest
Eruption from 1960s to 1990s of letterheads not grassroots participation.
Showing up not as much. Mail list memberships with tertiary memberships (where no one ever meets) active involvement collapsing
More educated now but participating less. Surprising because usually increase in education gives skills and resources that sparks civic participation
Putnam
Gaps between rich and poor increasing. Especially since 1970s, rich more so.
Less advantaged vote less because lack skills, motivation and networks.
Campaigns more expensive so need to be dependent on campaign contributors and therefore do them more favors.
Skewed participation ensure govt officials disproportionately respond to business, wealthy and organized
Dulio
Party base most committed and intense: first line support, money, and ideology.
GOP more conservative after realignment. Important for recruiting and show up for primaries.
Organizational resources from labor unions and mass memberships declined and campaigns more expensive so rely on bases.
In primaries base rules
GOP increasingly conservative
parties don't compete to capture broad battlegrounds anymore, just contested territory and try and take out of contention for future
Worry less about swing voter with leads to ideological extremism
Hacker and Pierson
Interest group liberalism: optimistic about factioning. Use govt in positive expansive role.
Used in Federal policies after 1960s participation, cooperation or multi interest administration. "creative federalism"
Assumings that system build on groups self corrective, but weak assume people belong to multiple groups that are overlapping memberships that ensures competition because no perfect competition in real life
Interest group liberalism may lead to "stability" by spreading representation but expense of flexibility, democratic forms and legitimacy
Lowi - interest group liberalism
age of me first factionalism: every issue has competing pressure group
Separation of powers multiply points where interest groups can lobby
Schlozman and Tierney - me first!
flaw in the pluralist heaven is the heavenly chorus sings with an upper class accent
organized interests investing more
Use money to give congress what they want: information etc. when scope of conflict expanded well financed interests best position to tell stories
West and Loomis
Most important resources for interest groups are information, votes and money.
Legislators actually do not accomodaote big money intersts at expense of constituents because better chance getting what want out legislators if claim strong presence in district.
Lowery and Brashner
political commercials trivialize political debate because encourage politicians to oversimplify complicated issues
Many commercials involve attacks so helps foster public cynicism.
Scrutiny helps with disillusionment
Mason - media and cynicism
Muckracking: can lead to policy initiatives and policy consequences
Public opinion in producing political action greatly exaggerated
Agenda building through covering political scandals, social issues and science policy
when issues put on agenda should newsworthiness be controlling factor??
because of media candidates spend disproportionate amount of time in Iowa and New Hampshire where media covers most
Media plays roll in public's gauging of a candidates competence
Graber - media agenda setting
power of purse, appropriation and authorization ways for congress to check president
power been shifting from career executives to short term political appointees so more loyalty to the president than federal policies
Fischer - war power
legitimization theory: Congress needs to recognize problems of era, instead of focusing on small issues.
Instead of being issue representative, more interest oriented.
New logic of politics: shift away from general dialog over a broad agenda to strategic deliberation. Want long term power in congress so the try and enact particularized programs.
Dogg - Congress delegitimizing self
Senate generalism and house specialization
senate larger staff, face to face personalization so better at managing conflict. staff run more. senate more clout, 1 senator can obstruct vote and takes 60 to overcome. more staff more resources for campaigning
house more responsive to america, more polarized
Baker - Senate v HoR
rule of four
need only four justices to grant writ of certiorari
super legislation
court picking cases impact have importance beyond facts parties involved
not ripe
if personal injury not occurred yet
moot
all other manners not been exhausted
bureaucracy not always imperialistic
need capital (appropriations), labor (personnel) and political support
want to eliminate competition.
need supportive constituency, undisputed jurisdiction and clear mission
judged and rewarded based on appearance of success
careerists and political appointees
executives judged on if policies seem to succeed or fail
Wilson - bureacracy
law of unintended consequences: can't always predict results of purposeful action.
Good intentions become distorted by poor implementation.
ex war on poverty, vietnam war
law of unintended rewards: any social transfer through welfare programs increases the net value of what began the condition that prompted transfer
Unintended consequences contribute to souring of public mood.
US deeply embedded democratic culture and ambivalence towards state power.
Lack of class identity so social and cultural issues dominate politics
Paradox is growing size of govt not accompanied by change in public attitudes. American accept benefits but don't want large federal govt
Gillion - unintended consequences
Congress joint resolution sept 14 "prez can use all necessary and appropriate force against nations....prevent future attacks" - expansion presidential power
war was declared without specific enemy - expansion of presidential power
white house council claims president doesn't need legislative approval for war because: commander in chief, sept 14th joint resolution, congressional resolution from Gulf War if Iraq not live up to terms. - prez expansion
Congress could have declared war or authorize tribunals but did nothing. Just appropriated funds. didn't want oversight to be counterproductive - expand presidency
International Emergency Economic Powers Act - seize private assets supposedly linked to terrorism - expand prez
Patriot Act - govt surveillance, new federal crimes, military tribunals, Security Letters, etc - expand prez
what about due process and equal protection of the law?
fetish for secrecy - expand prez
Rudalevige
President skirts congress
increase in staff
executive agreements instead of treaties
executive orders
SAPs and threat of veto
carrying cases directly to the public
American creed today: high sense individuality, personal responsibility, hard working but can lead to selfishness and greed.
American dream still exists even if govt and institutions seen as corrupt
Lipset - Exceptionalsim
bureaucracy not always imperialistic
need capital (appropriations), labor (personnel) and political support
want to eliminate competition.
need supportive constituency, undisputed jurisdiction and clear mission
judged and rewarded based on appearance of success
careerists and political appointees
executives judged on if policies seem to succeed or fail
Wilson - bureacracy
law of unintended consequences: can't always predict results of purposeful action.
Good intentions become distorted by poor implementation.
ex war on poverty, vietnam war
law of unintended rewards: any social transfer through welfare programs increases the net value of what began the condition that prompted transfer
Unintended consequences contribute to souring of public mood.
US deeply embedded democratic culture and ambivalence towards state power.
Lack of class identity so social and cultural issues dominate politics
Paradox is growing size of govt not accompanied by change in public attitudes. American accept benefits but don't want large federal govt
Gillion - unintended consequences
Congress joint resolution sept 14 "prez can use all necessary and appropriate force against nations....prevent future attacks" - expansion presidential power
war was declared without specific enemy - expansion of presidential power
white house council claims president doesn't need legislative approval for war because: commander in chief, sept 14th joint resolution, congressional resolution from Gulf War if Iraq not live up to terms. - prez expansion
Congress could have declared war or authorize tribunals but did nothing. Just appropriated funds. didn't want oversight to be counterproductive - expand presidency
International Emergency Economic Powers Act - seize private assets supposedly linked to terrorism - expand prez
Patriot Act - govt surveillance, new federal crimes, military tribunals, Security Letters, etc - expand prez
what about due process and equal protection of the law?
fetish for secrecy - expand prez
Rudalevige
President skirts congress
increase in staff
executive agreements instead of treaties
executive orders
SAPs and threat of veto
carrying cases directly to the public
American creed today: high sense individuality, personal responsibility, hard working but can lead to selfishness and greed.
American dream still exists even if govt and institutions seen as corrupt
Lipset - Exceptionalsim
Most important resources for interest groups are information, votes and money.
Legislators actually do not accomodaote big money intersts at expense of constituents because better chance getting what want out legislators if claim strong presence in district.
Lowery and Brashner
political commercials trivialize political debate because encourage politicians to oversimplify complicated issues
Many commercials involve attacks so helps foster public cynicism.
Scrutiny helps with disillusionment
Mason - media and cynicism
Muckracking: can lead to policy initiatives and policy consequences
Public opinion in producing political action greatly exaggerated
Agenda building through covering political scandals, social issues and science policy
when issues put on agenda should newsworthiness be controlling factor??
because of media candidates spend disproportionate amount of time in Iowa and New Hampshire where media covers most
Media plays roll in public's gauging of a candidates competence
Graber - media agenda setting
power of purse, appropriation and authorization ways for congress to check president
power been shifting from career executives to short term political appointees so more loyalty to the president than federal policies
Fischer - war power
legitimization theory: Congress needs to recognize problems of era, instead of focusing on small issues.
Instead of being issue representative, more interest oriented.
New logic of politics: shift away from general dialog over a broad agenda to strategic deliberation. Want long term power in congress so the try and enact particularized programs.
Dogg - Congress delegitimizing self
Senate generalism and house specialization
senate larger staff, face to face personalization so better at managing conflict. staff run more. senate more clout, 1 senator can obstruct vote and takes 60 to overcome. more staff more resources for campaigning
house more responsive to america, more polarized
Baker - Senate v HoR
rule of four
need only four justices to grant writ of certiorari
super legislation
court picking cases impact have importance beyond facts parties involved
not ripe
if personal injury not occurred yet
moot
all other manners not been exhausted
bureaucracy not always imperialistic
need capital (appropriations), labor (personnel) and political support
want to eliminate competition.
need supportive constituency, undisputed jurisdiction and clear mission
judged and rewarded based on appearance of success
careerists and political appointees
executives judged on if policies seem to succeed or fail
Wilson - bureacracy
law of unintended consequences: can't always predict results of purposeful action.
Good intentions become distorted by poor implementation.
ex war on poverty, vietnam war
law of unintended rewards: any social transfer through welfare programs increases the net value of what began the condition that prompted transfer
Unintended consequences contribute to souring of public mood.
US deeply embedded democratic culture and ambivalence towards state power.
Lack of class identity so social and cultural issues dominate politics
Paradox is growing size of govt not accompanied by change in public attitudes. American accept benefits but don't want large federal govt
Gillion - unintended consequences
Congress joint resolution sept 14 "prez can use all necessary and appropriate force against nations....prevent future attacks" - expansion presidential power
war was declared without specific enemy - expansion of presidential power
white house council claims president doesn't need legislative approval for war because: commander in chief, sept 14th joint resolution, congressional resolution from Gulf War if Iraq not live up to terms. - prez expansion
Congress could have declared war or authorize tribunals but did nothing. Just appropriated funds. didn't want oversight to be counterproductive - expand presidency
International Emergency Economic Powers Act - seize private assets supposedly linked to terrorism - expand prez
Patriot Act - govt surveillance, new federal crimes, military tribunals, Security Letters, etc - expand prez
what about due process and equal protection of the law?
fetish for secrecy - expand prez
Rudalevige
President skirts congress
increase in staff
executive agreements instead of treaties
executive orders
SAPs and threat of veto
carrying cases directly to the public
American creed today: high sense individuality, personal responsibility, hard working but can lead to selfishness and greed.
American dream still exists even if govt and institutions seen as corrupt
Lipset - Exceptionalsim
MucColloch v Maryland 1819
Constitution's "necessary and proper clause" permits Congress to take actions when it is essential to a power that Congress has. In this case: create a national bank to regulate the currency.
Gibbons v Ogden 1824
Constitution's commerce clause gives national govt exclusive power to regulate interstate commerce (states can't)
wabash st lois and pacific railroad v illinois 1886
states can't regulate interstate commerce, just Congress can
United States v Lopez 1995
national govt's power under commerce clause doesn't permit it to regulate matters not directly related to interstate commerce.
here: can't ban fire arms in school zone under commerce clause
Schenck v Us 1919
Speech may be punished if it creates a clear and present danger test of illegal acts
case: pamphlets against the draft, threat to nation in state of war
Chaplinksy v New Hampshire 1942
fighting words not protected by First Amendment (god damn fascist etc)
new york times v sullivan 1964
to libel a public figure, there must be actual malice
tinker v de moines 1969
public school students may wear armbands to class protesting against America's war in Vietnam when displays don't disrupt class
Miller v California 1973
obscenity defined as appealing to prurient interests of average person with materials that lack literary, artiistic, political or scientific value
Burger Court
1969 - 1986
cohens v virginia 1821
Marshall court: supremacy of federal law over federal law when overturned Virginia Supreme Court ruling. Shows constitution applicable to states.
Marshall Court
1801-1835
Taft SC Justice
1921 -1930
Warren Court
1954-1969
legal status of racial segregation, civil rights, separation of church and state, and police arrest procedure in the United States.
rehnqist court
1985-2005
roberts court
2005-now
John paul stevens
90 yrs old, oldest member court. 4th oldest ever. served under 3 chief justices, 7 presidents. said was retiring this month. Associate justice. writes a lot of dissenting and majority opinions. moderately conservative. socially more liberal. more ideosyncratic voting.
Ruth Ginsberg
SC justice. 2nd woman, jewish. more liberal. big on civil liberties and equality. pro abortion rights
sanda o'day conner
1st sc justice. associate justice. 1981 to retired 2006. conservative. part of federalist movement. often swing vote.
david souter
1991 to 2009. associate justice. didn't really fit into any ideological camp but conservatives call him liberal. followed by sonya sotomayor. expected to be conservative
nancy pelosi
minority leader before becoming speaker of the house. 1st female speaker of the house. democrat. very big on social issues but trying to foucs on economics as speaker. instrumental in health care policy and convincing obama to keep going with it after brown. for increase in medicare and medicaid
texas v johnson 1989
not be a law to ban flag burning
mcconnel v federal election commission
2002 upholds 2002 campaign finance form law (been reversed since)
everson v board of education
wall of separation principle announced 1947
engel v vitale
1962 no prayer in school allowed in public schools
mapp v ohio
1961 evidence illegally gathered by the police not be used in a criminal trial
gideon v wainwright
1964 persons charged with crime rght to attorney even if can't afford one
miranda v arizona
1966 police need to read rights to arrested persons
united states v leon
1984 illegally obtained evidence may be used in a trial if it were gathered in good faith without violating the principles of the Mapp decision.
rasul v bush and hamdi v rumsfeld
2004 terrorist detainees may have access to neutral court to decide if legally held
dred scott case
1857 congress no authority to ban slavery in a territory. slave was considered a piece of property
plessy v ferguson
1896 separate but equal facilities upheld
brown v board of education
1954 separate public schools inherently unequal starting racial desegregation
swann v charlotte mecklenburg board of education
1971 approved busing and redrawing district lines as ways of integrating public schools
reed v reed
1971 gender discrimination violates equal protection clause of constitution
craig v boren
1976 gender discrimination can only be justified if it serves important government objectives and be substantially related to those objectives
griswold v connecticut
1965 found right ot privacy in constitution ban any state law against selling contraceptives
roe v wade
1973 state laws against abortion unconstitutional
conzales v carhart
2007 federal law may ban certain forms of partial birth abortion
regents of university of california v bakke
1978. quota ban on Bakke's admission unconstitution but diversity was legitimate goal that could be pursued by taking race into account
richmond v croson
1989 affirmative action must be jduged by strict srutiny standard requires any race concious plan to be narrowly tailored to serve a compelling interest
lawrence v texas
2003. state law may not ban sexual realtions between same sex partners
boy souts of america v dale
2000 private organization may ban gays from its membership
buckley v valeo
1976 held law limiting contributions to political campaigns was constitutional but one restricting candidate's expenditure of his or her own money was not
mcconnel v federal election commission
2002 upheld law prohibiting corporations and labor unions from running ads that mention candidates and their positions for sixty days before federal general election
us v harriss
1954 constitution protects lobbying of congress but govt may require information form group that try to influence legislation
near v minnesota
1931 freedom of press applies to state govts, so cannot impose prior restraint on newspapers
new yourk times v sullivan
1964 public officials may not win a libel suit unless can prove that the statements was made knowing it to be false or with reckless disregard of its truth
US v nixon
1974 president is entitled to receive confidential advice but can be required to reveal material related to criminal prosecution
nixon v fitzgerald
1982 president may not be sued while in office
clinton v jones
1997 president may be sued for actions taken before he became president
marbury v madison
upheld judicial review of congressional acts 1803
samuel alito
2006 appointed by bush. considered conservative with some libertarian streak. battle to be confirmed, rejected by civil liberties union and was filibustered by john kerry.
Article I
powers of congress
HoR power to impeach, Senate power to try impeachment
section 7: Money bills must originate in the house, veto powers
section 8: powers of congress! taxes, borrowing, regulation of commerce, naturalization and bankruptcy, counterfeiting, post office, patents and copy rights, create courts, declare war, create army and anvay, "necessary and proper clause"
section 9: habeas corpus not suspended, no bill of attainder or ex post facto, no preferential treatment of states
section 10: restrictions of states.
Article II
presidnet.
powers of president (section 2): commander in chief, pardons, treaties and appointments
make sure laws faithfully executed (give power over congress)
impeachment
Article III
judicial power in supreme court and inferior courts can be created by congress.
original jurisdiction of sc:ambassadors, if state is a party etc. mostly appellate
Article IV
state rights
full faith and credit clause. given in each state
prvileges: extradition (criminal returned to that state) governing of territories
Article V
amending constitution. 2/3 both houses to propose and 3/4 state legislatures to confirm. or 2/3 state legislatures to call convention where 3/4 legislatures.
Article VI
supremacy clause
no religious test
VII
ratification process = nine of thirteen ratify
amendment 1 1791
freedom of speech, religion, assembly and press
"congress shall make no law..."
amendment 2
right to bear arms
amendment 3
no quartering of troops in private house during time of peace
amendment 4
no unreasonable search and seizure and no warrants without probable cause
amendment 5
right when accused, need to be indicted by Grand Jury, no double jeopardy, doesn't have to witness against himself, nor deprived life, liberty or property without due process, private property not taken without just compensation.
amendment 6
speedy trial, impartial jury, right to counsel
amendment 8
no excessive bail or cruel and unusual punsihment
amendment 9
unenumerated rights protected
amendment 10
powers not delgated to US by constitution are powers reserved for states.
13th amendment
1865 slavery prohibited
14th amendment
1868 ex slaves made citizens
due process clause applied to states. equal protection clause
15th amendment
1870 blacks given right to vote
16th amendment
1913 federal income tax allowed
amendment 17
1913 popular election of senators
amendment 19
1920 women right to vote
amendment 22
1951 two term limit for president
amendment 24
1964 no poll taxes in federal elections
14th amendment
1868 ex slaves made citizens
due process clause applied to states. equal protection clause
ad hoc structures
subordinates, cabinet officers and committees that report directly to the president
15th amendment
1870 blacks given right to vote
authorization legislation
legislative permission to begin or continue a govt program or agency
16th amendment
1913 federal income tax allowed
amendment 17
1913 popular election of senators
background
public offical's statement to reporter given on condtiion official nt be named
amendment 19
1920 women right to vote
amendment 22
1951 two term limit for president
amendment 24
1964 no poll taxes in federal elections
ad hoc structures
subordinates, cabinet officers and committees that report directly to the president
authorization legislation
legislative permission to begin or continue a govt program or agency
background
public official's statement to reporter given on condition official not be named
bill of attainder
law that declares a person without a trial to be guilty of a crime (unconstitutional
block grant
money from national govt that can be spent within broad guidelines determined by Washington
bully pulpit
president's use of his prestige and visibility to guide or enthuse American public
cabinet
heads of fifteen executive branch departments of federal govt
categorical grants
federal grants for specific purposes
caucus
association of Congress members created to advance a political ideology or interest
civic duty
belief one has an obligation to participate in civic and political affairs
civil rights
rights of people to be treated without unreasonable or unconstitutional difference
class action suit
case brought by someone to help him or her and all others similarly situated
clear and present danger test
law shouldn't punish free speech unless clear and present danger of producing harmful action
closed rule
House Rules COmmittee sets time limit on debate and prevents a bill from being amended on the floor
cottails
members do better electorally when important member of their party on top of ticket
competitive service
govt offices which people are appointed on basis of merit by exam
concurrent powers
powers shared by national and state governments
conditions of aid
terms set by national govt that states must meet if to receive certain federal funds
congressional campaign committee
party committee in Congress provides funds to members
conservative coalition
coalition between republicans and conservative democrats
constitutional court
federal court protected under article III provisions like good behavior = lifetime salaries can't reduce
court of appeals
federal court cant have trials just reviews cases from district courts
de factor segregation
segregation occurring for non legislative reasons like geographic reasons
de jure segregation
segregation is required by law
discharge petition
try and get a bill discharged from a committee if it has been there for 30 days to go to the floor
discretionary authority
extend appointed bureaucrats can choose course action and make policies not spelled in advance by laws
district courts
federal courts that try federal trials, lowest federal court
divided govt
when president one party and congress majorities other
double tracking
keep senate going during filibuster
dual federalism
argument that govt should work in their sphere and state in their and two spheres kept separate
equal time rule
FCC rule that media has to sell equal time to both candidates
establishment clause
first amendment ban on laws "respecting an establishment of religion"
exclusionary rule
improperly gathered evidence cant be used in a criminal trial
express preemption
federal law regulation contains language explicitly displacing or superseding contrary state or local laws
federal question
cases concerning the Constitution, treaties or federal laws - go to SC
501 c 3 organization
non profit organization can address political matter but cannot lobby or campaign and their profits are tax deductible
501 c 4 organization
non profit organization can lobby and campaign profits not tax deductible
527 organization
raise and spend money to advance political causes
franking privilege
ability of members to mail letters to constituents free of charge by substituting their facsimile signature for postage
free exercise clause
first amendment law cannot prevent free exercise of religion
good faith exception
error in gathering evidence sufficiently minor that may used in a trial
govt by proxy
fed govt pays state and local govts and private groups to staff and administer federal programs
implied preemption
a federal law contains language conflicting with state or local laws cannot be effectively implemented due to such laws or concerns matters in which washington possesses exclusive constitutional powers
in forma pauperis
poor person can have case heard in federal court without charge
independent expenditures
spending by PAC, corporation or labor union done to help party or candidate but done independently of them
iron triangle
close relationship between agency, congressional committee and interest group
issue network
network of DC people interest groups congressional staffs in universities and think tanks discuss advocate public policies
joint committees
committees both senators and representatives serve
joint resolution
formal expression of congressional opinion must be approved by both houses of Congress and by president. Constitutional amendments
legislative courts
created by congress not protected by article III
legislative veto
authority congress to block president action after taken place. ruled unconstitutional
libel
writing that falsely injures another person
litmus test
examination of political ideology of nominated judge
majority leader
legislative leader elected by party members holding majority of seats in House or Senate
malapportionment
drawing boundaries of legislative districts so that they are unequal in population
mandate
terms set by national govt states must meet whether or not accept federal grants
marginal districts
political districts candidates elected win by less than 55%
mugwumps or progressives
republican party faction of 1890 to 1910s composed of reformers who opposed patronage
multiple referral
congressional process bill may be referred to several important committees
national chairman
day to day management of political party
national committee
delegates run party affairs between national conventions
national convention
meeting of party delegates held every four years
necessary and proper clause
allows congress to pass all laws necessary and proper to duties and permitted congress to exercise powers not enumerated
nullification
state can declare null and void a federal law that in states opinion violates constitution
open rule
order from House Rules Committee that bill can be amended on floor
pluralist view
competition among all affected interests shapes public policy
political efficacy
believe you can take part in politics or govt will respond to citizenry
political machine
party organization recruits members by dispensing patronage
political question
issue SC allow legislative and executive to decide
prior restraint
censorship of publication
progressive
belief that personal freedom and solving social problems more important than religion
public bill
bill deals with matters of general concern
quorum
minimum number of members must be present for business to be conducted in Congress
recall
voters can remove an elected official from office
remedy
judicial order enforcing right or redressing a wrong
reserved powers
powers given to state govts alone
revenue sharing
govt sharing revenues with states
safe districts
districts incumbents win by margins of 55% or more
second order devolution
flow of power and money from states to local govts
select committees
congressional committees appointed for limited time and purpose
selective incorporation
court cases apply Bill of Rights to states
signing statement
presidential document reveals what president thinks of new law
soft money
funds obtained by political parties can't be spent on a candidate but for party stuff like get out the vote drives
solidary incentives
social rewards of being party of an organization: pleasure, status companionship
sophomore surge
increase votes congressional candidates get when first run for reelection
sovereign immunity
rule citizen cannot sue govt without govts consent
standing committees
permanent committees in Congress responsible for legislation within certain subject area
stare decisis
let decision stand, prior rulings control current case
strict scrutiny
SC test to see if laws denies equal protection because it does not serve compelling state interest and not narrowly tailored to achieve that goal
superdelegates
party leaders and elected officials who become delegates to national convention without having to run in primaries or caucuses
symbolic speech
action has political meaning
third order devolution
increased role of non profit organization and private groups in policy implementation
trial balloon
information leaked to media to test public reactions to possible policy
valence issue
issue public united about so candidates similar positions in hopes of thought to best represent widely shared beliefs
wall of separation
court ruling govt cannot be involved with religion
writ of certiorari
order from higher court directing lower court to send up a court for review