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33 Cards in this Set
- Front
- Back
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Amending the Constitution vs. Amending the AOC
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Amending the AOC required all 13 votes of all the colonies.
There are two ways to amend the constitution: (1) Congress proposes amendment by at least 2/3 vote--> ratification by at least 3/4 of State Legislature (this process has occurred all but once) OR by at least 3/4 of state conventions called for the purpose of ratifying the amendment (once). (2) Amendment is proposed by a national convention that is called by at least 2/3 of State Legislatures---> ratification by at least 3/4 state legislatures OR by at least 3/4 of state conventions called for purpose of ratifying the amendment (neither have been used). |
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Anti-Federalists
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Those at the constitutional convention who favored strong state governments and feared that a strong national government would be a threat to individual rights.
The Anti-Federalist view can be understood within the context of the events preceding and during the Revolution [e.g. George III, unfair rule as subjects of the Crown or central authority → 1767 Townshend Acts] Thomas Jefferson, etc. Anti-Federalists were the reason that the constitution has a Bill of Rights. From Preface to The Federalist, No. 39: When the Constitution and The Federalist were written, “federal” gov’t = “confederation” Federalism (authority divided between 2 independent levels) invented by the Framers, but this label came later in history |
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Articles of Confederation
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Agreement that helped 13 colonies to bond enough to throw off King George III. Sent to the states for ratification in 1777, these were the first attempt at a new American government. Ratified by the requested number of states in 1781. In use from 1781 to 1789.
A government of governments in order to buy enough supplies to win the war. Gave each state the same voice. 9 of 13 states needed to do something (more than the majority). To amend the AOC need 13 of 13 states (making it too difficult to modify (1 stubborn state can inhibit progress) A direct political reaction to immediate experience. States have the power over the Fed government, which leads to a lack of center of power. No power to constrain states from pursuing their own foreign policy; divergent state policies would prove to be a problem. Lack of central authority made it unable to cope with national sized issues as well as smaller ones like Daniel Shays’ Rebellion. Restricted national government too much and was later replaced by the Constitution. |
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Block Grants
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A consolidated grant of federal funds, formerly allocated for specific programs, that a state or local government may use at its discretion for such programs as education or urban development.
Federal aid provided to a state government to be spent within a certain policy area, but the state can decide how to spend the money within that area. |
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Charles Beard
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Has an economic interpretation of the constitution (written in 1913), arguing that the constitutional framers wanted to revise the AOC and strengthen the national government largely to protect their property holdings and investments.
Claims that the framers’ wealth explained the nature of the proposed new system of government, limiting broad political participation and control of the government. Says that some undemocratic features of the Constitution can probably be explained by the relatively privileged position of the framers. BUT, research has countered Beard’s argument: anti-Constitutionalists also came from upper class. If this was strictly a class debate, there would not be a split amongst supporters and opponents. |
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Collective Action Problem
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A situation in which the members of a group would benefit by working together to produce some outcome, but each individual is better off refusing to cooperate and reaping benefits from those who do the work.
Government action is needed to counteract this problem by providing for the public good. EXAMPLE: When living with roommates, keeping common areas clean becomes a collective action problem: everyone has an interest in a clean area, but each person is inclined to let someone else do the work. |
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Double Jeopardy
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Being tried twice for the same crime by the same governing body (5th Amendment).
Ex: a person could be tried by the state and then tried by the federal courts for the same crime. Ex: Can be tried for different facets of the same crime. ie: a drug and weapons related crime: one can go to trial for the drug charges and then a second trial for the weapons charge. |
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Due Process Clause
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Defined: Due Process is a regularized legal procedure that is, at least approximately, equal for all.
Part of the 5th amendment that forbids denying “life, liberty, and property” to any person without due process of law (laws and legal proceedings must be fair!) Nearly identical clause in the 14th amendment which applies the clause to States directly |
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Enumerated Powers
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Powers explicitly granted to Congress, the President, and the Supreme Court in the first 3 articles of the Constitution.
Article 1, Section 8: Congress, Article 2, Sections 2 & 3: President, and Article 3, primarily Section 2: the Supreme Court, All of which are restricted by the Bill of Rights. Examples: Congress has the power to “raise and support armies”, declare war, coin money... The president has power as commander in chief, grant pardons... |
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Elastic Clause
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Congress can interpret how to manifest powers. Also called the “necessary and proper clause”.
Part of Article 1, Section 8 of the Constitution. Grants Congress the power to pass all laws related to ANY of its expressed powers Examples: (1) Power to “raise and support armies” → Military Draft. Compulsory power was granted through Elastic Clause (2) Used in McCullough vs. Maryland (1819) when Congress decides they can charter a national bank on the basis of their powers of regulating interstate commerce |
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Federalist #39
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James Madison, 1788, tries to describe the government as proposed by the Constitution as neither wholly federal nor national.
Central Idea: Congress → limited by Enumerated Powers. Residual sovereignty of States > National Gov’t Keep in mind the connotation of “federal” in his writing (federal -> states power; national -> central government) Wants to sway public opinion toward the Federalist’s position. Redefines “republic”; To be a republic, there are three implications: (1) Power to govern is derived, directly or indirectly, from the consent of “the great body of the people” (2) Elected representatives are administrators of the people (3) Terms of representatives are limited by good behavior. Consent is given directly and indirectly. Directly: when people elect representatives. Indirectly: when state legislatures elect senators. |
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Federalist #51
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1788 – James Madison
Promotes a separation of powers within the national government so that no one branch has too much power, and checks and balances so that each branch has some power over the others. Popular because of the new form of Congress which includes the House of Representatives and the Senate. The purpose of a divided Congress is to minimize collusion between powerful forces. Built up bureaucracy to minimize tyranny. "Ambition must be made to counteract ambition." |
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Fighting Words
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Forms of expression that “by their very utterance” can incite violence.
They can be regulated by the government but are often difficult to define. Example of the “time, place, manner” restriction on free speech (discussed in class 6/10) EX: Chaplinsky v. New Hampshire: person suffers brutality for provoking police. The case goes to Supreme Court where they rule that free speech is not protected if what you say encourages danger. |
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Framing Effects
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Situations in which different ways of posing a policy issue produce distinctly different public responses.
The manner in which a question is posed, the order of the question in the survey, and the context in which the survey is administered may all cause great variation in citizen responses on policy matters. |
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General characteristics of the Texas Constitution
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Based on the US Constitution (Bill of Rights, separation of powers, defines powers of each branch of government)
Highly restrictive, which has required many amendments to lighten these restrictions. To amend the Texas Constitution, there must be a proposal by ⅔ vote in both houses of legislature and ratification by majority vote of the people. In their strong rejection of the Radical Republicans, the delegates to the Convention of 1875 produced a plan of government that created a weak, decentralized, uncoordinated, and under-funded set of public institutions. As the state has grown in population and economic power, the limitations and inadequacies of these state institutions in carrying out the tasks of governing have become more apparent. overly long extremely detailed confusing in organization poorly written overly restrictive |
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Griswold v. Connecticut
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1965 Supreme Court case protecting the right of privacy.
Estelle Griswold, executive director of the Planned Parenthood league of Connecticut, was convicted of dispensing birth control info to married people. Struck down decision based on the 9th & 14th Amendments. Supreme Court Justice Douglas justifies ruling because of the “penumbras” that the Bill of Rights implies on privacy. Laid the groundwork for Roe v. Wade which ruled abortion laws as unconstitutional in almost all states. |
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Gravina‐Ketchikan Bridge
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“The Bridge to Nowhere” (See B&C page4), 2005, Alaska.
One of two Alaskan bridges that were supposed to be built as part of a transportation bill approved by the House and Senate. The bridge would have been used by only about 1,000 cars a day, yet cost $453 Million (both bridges combined). $26 Million was spent on its construction before the project was cancelled. Prime example of wasteful government spending AND the ambiguity between what is good public and economic policy (like the “Mormon Crickets” in Utah - p6.) |
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Illinois v. Caballes
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Roy Caballes was stopped for speeding in 2005. A nearby k-9 unit arrives at the scene and the dog alerts the officers to drugs in the trunk.
The case goes to the Supreme Court to determine whether the use of drug-sniffing dogs is a violation of the 4th amendment. The Supreme Court rules that the fourth amendment is not violated as long as the use of such measures does not “unreasonably prolong” the stop. |
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Initiatives
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A direct vote by citizens on a policy change proposed by fellow citizens or organized groups outside the government (found this in B&C).
The “Oregon System”, it allows for a public vote (plebiscite) on specific issues if a certain number of registered voters so petition it. It is not available at a national level, but is at a state level in 24 states and the District of Columbia. |
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Judicial Review
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The ability of the Supreme Court to strike down a law or an executive branch action as unconstitutional.
Asserted by Marbury v. Madison (1803). (Marbury v. Madison case is on pg 469-470 in B&C) Helps define the checks and balances in US government. |
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John Locke
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English philosopher; influential Enlightenment thinker; Lived from 1632 to 1704.
Believes that anarchy is the worst possible outcome so we should do what we can to prevent government’s fall. Disagrees with Hobbes: Feels that separation of power would be helpful, not harmful. Thomas Hobbes: British philosopher who believes that government is not divine right; the people consent to the right to govern. Both agreed that government derived just powers from the consent of the governed (the people) - The Declaration of Independence was the colonies way of no longer consenting to the British Gov’t |
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McCullough v. Maryland
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1771, the US charters a national bank. Alexander Hamilton supports - Provides economic comfort and stability. Opposition says that federal bank will put government too close to Wall Street.
This case is a moment of political squabble over whether federal or state government would decide if the deferral government could/should charter the national bank. Congress decided it had the power to charter a national bank on the grounds that the Necessary & Proper Clause implicates that interstate commerce regulation could be accomplished by the creation of a federal bank. THEN>>> Maryland decides to impose a tax on the operation of the national bank. The bank refuses, stating that no state has the authority to tax federal authority. The case goes to the Supreme Court: federal government wins: Constitutional legitimacy of the elastic clause; National bank needed to regulate interstate commerce; 10th Amendment |
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New Jersey Plan
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In response to the Virginia Plan, smaller states at the Constitutional Convention (1787) proposed that each state should receive equal representations in the national legislature, regardless of size:
One chamber One state – one vote Things congress CAN DO :: Anything else left to the states. Looks a lot like the AOC Conservative plan of those who fear control authority AND large state votes/influence. Small population states supported it as it gave them the most power and influence. |
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Nullification Crisis
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South Carolina cotton-based export model was contrary to small manufacturers in the north east. Lots of southern crops exported to Europe.
Tariff on American stuff will make Europe either boycott American goods, or put their own tariff on goods imported by the US Good for north (encourages people to buy local), bad for south (can’t sell crops to Europe). 1828 :: Calhoun resists tariffs: says that the tariff gives unfair advantage to the north at the expense of the south. He calls it a tariff of abomination. South Carolina, by its own power, declares the tariffs unconstitutional and therefore null and void. Andrew Jackson - southerner who liked states rights, but was President and defended the congressional tariffs. Calhoun says the state can nullify the federal tariff as it disagrees with its premise. Jackson disagrees in defense of the national supremacy. Jackson and Calhoun meet and compromise with a reduced tariff, cooling tensions temporarily. |
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Picket Fence Federalism
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Picket fence federalism refers to a form of federalism in which, like “marble cake” federalism, national and state governments work together to provide services efficiently. However, unlike the “marble cake” model, picket fence federalism better defines the boundaries of authority and cooperation within the government.
The picket fence model portrays the different areas of policy as the pickets of the fence, and the different levels of government as the horizontal boards that hold the pickets together. Activity within the cooperative federal system occurs within the “pickets” of the fence, meaning policy makers will have more interaction with others in their same area than with those working at the same level. For example, someone working in education at the state level will have more interaction with an education policy maker at the national level than, say, someone working in transportation at the state level. |
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Plessy v. Ferguson
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“Separate but equal” doctrine, officially permitted segregation as long as African-Americans had equal facilities.
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Public Opinion
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Citizens’ view on politics and government actions.
Democracy is the conversion of public opinion into public policy: Delegate, Popular Model: Direct, Raw, Voice of the People Trustee: Represenative, Deliberative, Elite-driven Potential Problems with understanding public opinion: context dependent measurement Aggregation |
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Samuel Adams
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Wanted revolution from Britain as soon as possible - Simply one end of the political spectrum (in the minority), most wanted to be legitimate subjects of the crown
Sam Adams drove to make the king do things that would piss off the colonists and therefore push forward his intentions: Boston Tea Party Throwing important tea company goods (tied closely to British gov't), prompting king to shut down Boston harbor. These types of actions (and his political handling thereof) moved toward the revolution more forcefully than Adams could have done by himself. |
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Shay's Rebellion
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1786-87, Massachusetts. Daniel Shays was a farmer who borrowed money to purchase farmland and raise crops. When the crops fell, he and other farmers formed a Militia and stormed the Federal Armory in Springfield. Feds were unable to resist due to the lack of authority and military power government had under the Articles of Confederation.
This sort of uprising led many to reevaluate the impotence of the federal government under the AOC and helped prompt the Philadelphia Convention. Compare to “provide for the common defense” in preamble to constitution (protection from foreign and civil insurrection) |
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Suffrage
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Suffrage => the right to vote
“Protectionism”: idea under which some people have tried to rationalize discriminatory policies by claiming that some groups, like women or African-Americans, should be denied certain rights for their safety or well-being. Women were seen as timid and delicate and their place was in the “domestic sphere”. Selected history: 15th Amendment (1870) - Shall not restrict right to vote based on race, color, or previous state of servitude 19th Amendment (1920) - Nor on account of sex 24th Amendment (1964) - no more poll taxes 26th Amendment (1971) - States cannot deny anyone 18 or older can vote |
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Supremacy Clause
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Article IV, Clause 2: "This Constitution, and the Laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding."
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Tenth Amendment
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Limits the powers of the federal government to those delegated to it by the Constitution.
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Unitary System
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The centralized government holds ultimate authority. This is the most common government type in the modern world. British Parliament is an example, as well as Israel, Italy, France, Japan, etc...
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