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271 Cards in this Set
- Front
- Back
Representative Democracy |
A form of democracy involving representation in policy decisions, contrasts a direct democracy. |
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Declaration of Independence |
A document that declared the colonies (not yet the USA) independent from the British monarchy, established life liberty persuit of happiness |
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John Locke |
Influenced Jefferson: Life, Liberty and Property (natural Rights). Limited Government - A government in which certain mechanisms prevent it from being all powerful. Consent of the governed: People are good people, but give government the authority to keep the people in check. |
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Articles of Confederation |
Earliest form of the United States overarching legislation, and formation of its own government. Ultimate failed due to an ineffable national government and an overpowered state government |
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Shay's Rebellion |
A rebellion that proved the Articles ineffective by displaying the country's inability to raise an army to quell these stanky rebels. |
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Constitutional Convention |
A convention in which delegates from the many states came together in order to create a Constitution, (Woah!) to be enacted in place of the doo-doo Articles of Confederation |
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New Jersey Plan |
in contrast to the Virginia Plan, every state gets a vote in legislature, (one and only one!) unicameral. |
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Virginia Plan |
in contrast to New Jersey Plan, in which states get votes in legislature based on population. (Virginia has a lot of people, and therefor gets a lot of votes). unicameral. |
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Connecticut Compromise |
Mashed Virginia Plan and New Jersey Plan together. Bicameral. |
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3/5 Compromise |
Slave Owners: Yo dawg, I gots loads o' slaves, they be sorta like people, that means I should get mo' votes. Other people: Naw dawg, slave owners be property, dey can't be part of no popyalation count. Compromise: Hey dawg, why not make slaves count as 3/5th-th-th-ths of a person instead~ Everyone: Cool idea, bruh |
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Preamble of the Constitution |
Kicks off the constitution, overarching statements to the general vibe of the constitution itself, like: 'general welfare' and 'secure the blessings of liberty for ourselves' |
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7 Articles of the Constitution |
Article1: Legislative Article 2: Executive Article 3: Judiciary Article 4: State Powers Article 5: Amendment Article 6: Supremacy Article 7: 9 out of 13 to Ratifity-fifity-fy (Ratify) |
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James Madison |
Cool Guy, A framer, federalist paper guy, also did the Bill of Rights. |
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Separation of Powers |
Each branch of government is independent and will not (or should not) encroach on the powers of the others |
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Checks and Balances |
A system of doo-hickeys that maintain the balance of power between the branches, ensuring that one branch is not all too powerful. |
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Ratification of the Constitution |
9 out of 13 states needed to ratify this Constitution, dawg. |
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Federalist v. Anti-Federalists |
Federalist: Ay' Strong Central Gov't, ya? Anti-Federalist: Nuh Bro, State Powers. Federalist: Oh... :( |
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Ways to Amend the Constitution |
Formal: Way1: 2/3rds in congress, then 3/4ths in states. (26 times) Formal: Way2: State Conventions (1 time) Informal: Federal Legislation, Supreme Court Cases, Degrees of Incorporation and implementation. |
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Federalism |
Layers of Government. (Federal Structure) National - State - Local. Contrasts Unitary Structure |
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McCulloch v. Maryland |
Ay' Don't Tax my Bank! Established that in national gov't vs. state gov't, national gov't wins always. Also empowers Congress to actually create that bank. |
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Grants |
Categorical Grants: Grants to a certain category, more precision funding to a specific local issue Block Grant: Do watev's you want with this money. Formula Grants: States do x, States get y, with the formula: ... |
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Mandates |
National Gov't forces a state to do something, and if the state fails to comply, funding gets cut. Unfunded Mandates forces the state to do something, without any form of monetary aid / incentive / addition. |
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No Child Left Behind Act |
Allows the federal government to inject funding into K-12 education. Promotes aid to disadvantaged students |
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Supremacy Clause |
The constitution is el numero uno. No document, legislation, or any lower tier act of policy can contradict the constitution. |
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Full faith and credit clause |
States must recognize public records of another state. (No border jumping to evade criminal charges, or to spontaneously not be married) |
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Federal Gov't vs. State Gov't |
Federal Gov't can: Declare War, Handle Commerce, international Affairs, Make super-super overarching laws, handle disputes between states, amend the super document (constitution), supersede the courts, raise a military, tax, tax, and tax, control taxation, set minimum wage, print money, borrow money, annex land, assign diplomats, mess with voting rules, et cetera. States Gov'ts: Everything else. Like schools |
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Dual Federalism |
Also Divided sovereignty in which lower tiers and higher tiers in federalism are completely independent. |
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Cooperative Federalism |
Federalism in which the goals of the higher and lower governments cooperate to advance eachother's goals. |
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Pluralism/ Hyper-pluralism/ Elitism |
Pluralism: Gov't is controlled by many small groups Hyper-pluralism: Gov't is controlled by many small groups and progress is slowed down because of it. Elitism: Gov't is controlled by the upper crust of society. |
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Enumerated Powers vs. Implied |
Enumerated powers are in the Constitution, given by the constitution. Implied powers are powers that are not necessarily prohibited by any means in the Constitution, and are extensions of the loose interpretation of the constitution. |
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Census |
A method of obtaining the mass demographic information of the United States through a nation-wide household polling. |
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Writ of Habeas Corpus |
Prevention of unlawful incarceration, right to trial. i.e. Judicial System. |
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Factions |
Groups of individuals with similar interests, as identified in J. Maddie's Fed 10. Dangerous but inevitable. |
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Electorate |
The people in a state who have the ability to do the voting-thing. |
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Political Culture |
A broad set of values and beliefs that are attributed to a demographic / nation / body of peeps. (Americans: Liberty and Democracy) |
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Liberty / Equality / Individualism / Civic Duty |
Them be some American Values that contribute to Political Culture in America. People value freedom from oppression, societal 'evenness' , self-identity, and obligations to the nation. |
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Political Socialization |
The upbringing of an individual into the political sphere; the formation of political ideologies in an individual; political edumacation. |
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Gender Gap |
Women tend to be more democratic, more conservative, vote into welfare and oppose military spending than men. |
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Political ideology |
A set of values or beliefs with respect to policy decisions, stances, and can influence partisanship, interest group membership, monetary donations, or the lack thereof. |
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Political Culture |
This is on the list twice, not doing it again Groves. |
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Public Opinion |
The opinion of, you guessed it, the public! A broad assumption or consensus of a common political ideology amongst a sample population. |
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Public Opinion Polls |
A method of finding public opinion through polling. Can often be deemed inaccurate due to poor sampling, and other errors of similar awefulness. |
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Loaded Questions |
Questions that are leading in nature, or that anticipate a specific response so that the question may be followed up with a swift counter-argument, reinforcement, or another more provocative loaded question. |
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Random Sample |
When polling individuals,. the demographic of people polled is (hopefully) entirely random, in hopes of diversifying the sample. |
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Sampling error. |
Tsk-Tsk-Tsk. When sampling yields inaccurate data due to improper sampling. (All one demographic, not a large enough sample, etc.) |
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Population |
A group of people, lumped together as a counted unit. A sample in terms of polling, or a nation in terms of demographics. |
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Efficacy |
The belief that you're not a total piece of rubbish and that what you're doing actually contributes something to someone, somewhere. |
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Ideological Spectrum |
All the colors of the rainbow! (If the rainbow were red and blue) Liberals be like: Aye reform the government, we want change now. Conservatives be like: Aye keep the government like it was, stop changing so quickly. Moderates be in the middle. |
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Demographics and Ideology |
Political ideology across groups of people. (Cubans, Whites, Rich, Poor, Elderly, Young, Cool, Not Cool) Older, Wealthy, Whites tend to be conservative, Younger, Poorer, Minorities tend to be liberal |
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Demographics and Participation |
Old people participate more! Young are often disenfranchised in policy due to apathy and poor political socialization. |
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Demographics and Parties. |
Whites to the Reps, minorities to the Dems. Olds to the Reps, Youngins to the Dems. Rich to the Reps, Poor to the Dems. |
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15th, 19th, 26th Amendments |
Expanded voting to Blacks, Women, and 18 - 21 year olds respectively. |
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Political participation |
The degree at which peoples be involved in politics, be it voting, partisanship, etc. |
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Literacy tests, poll taxes |
Tools used to discreetly disenfranchise a specific demographic by making it more difficult for them to vote. |
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Political Efficacy cs. Political Apathy |
Efficacy: What I do in politics will (not) have an effect, therefor I (won't) participate. Apathy: I (don't) care about politics, therefor I (won't) participate in politics. |
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Voter turnout |
People who actually show up to vote! Caused by low efficacy, high apathy. |
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Voting Rights Act of Nineteen Sixty Five |
Overcame Local and State barriers to voting participation. (Destroyed poll taxes and literacy tests) |
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Motor Voter Act |
Allows people to register to vote when the renew their vroom-vroom card (driver's license) |
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Linkage Institutions |
Things such as the media that link people to the actions, policies, and decisions of government. |
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Caucus |
A closed meeting of party elite to decide presidential candidates. |
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Primary |
Open: Anyone can vote on the candidate for a party Closed: Must announce partisanship when voting, often denies individuals not of that party |
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Super Tuesday |
The day in which a bunch of states hold their primaries at once. Usually in February. |
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Gerrymandering |
The act of redrawing congressional reapportionment lines to include and exclude specific demographics in order to help influence the outcome of a vote in that state. |
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Reapportionment |
The act of reassigning seats in legislature in response to growing populations or demographic shifts. |
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Incumbent |
A person who was already serving in that position and is now running for re-appointment in that office. Often times gets more media coverage, more funding, and is easier to get votes. |
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Party Realignment |
The shifting in the supporting demographic from one major party to another. |
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Party Dealignment |
This is when people detach themselves from either major party and become the all-powerful, all-loving, penultimate breed of human: The Independent. Caused by dissatisfaction with either party, the death of the political machine, scandals, et-chetera. |
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Front loading |
When states shove their primaries sooner and sooner in the year. |
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Campaign Finance reform |
A movement and effort to prevent the unfair advantage of candidates through wealth, accumulated through the distribution of political favors, catering to specific interest groups, etc. |
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Hard Money vs. Soft Money |
Could refer to: Money backed by a precious metal standard, i.e. Gold Standard. vs. Money without any backing, no standard. ----OR---- Money donated to a campaign directly in cash (Hard) vs. Money donated through assets, golf trips, business coupons (Soft) |
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Federal Matching Funds |
"Partial public funding is available to presidential primary candidates in the form of federal matching payments. Candidates seeking their party’s nomination to the presidency can qualify to receive matching funds by raising at least $5,000 in each of 20 states." (I don't understand) |
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Independent Expenditures |
When an individual contributes to a campaign without actually having any ties to the campaign itself, the candidate , or the party. |
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Bipartisan Campaign Reform Act. |
McCain-Feingold: Bashed the concept of soft-money entering campaigns. Prohibited political parties from raising money that was inherently exempt from federal regulation. |
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FECA - Federal Election Campaign Act |
Forced institutions to disclose campaign contributions for the sake of fairness in campaign finance. Helps prevent soft money, establishes FEC. |
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FEC - Federal Election Commission |
Collects information regarding the sources of campaign finances. enforces the FECA regulations and federal donation limits. |
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PAC - Political Action committees |
Committees dedicated to the accumulation of funds to then be injected into a campaign for a candidate that supports the PAC's ideology |
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Divided Government |
The concept in which one political party can dominate the legislature, and another can dominate the executive, thus hindering policy. |
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Functions of Political Parties |
To unify the electorate under a broad ideological basket of wonder. Allows like-minded voters to unify under a candidate. |
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Third Party |
Any party that is not one of the two major parties; Republican or Democrat, i.e. Tea Party. |
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Party identification |
The alignment of an individual to a specific party, and is the number one deciding factor in how that individual votes. |
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Superdelegates |
Delegates in political party conventions who are not bound to vote a particular way for a particular potential candidate for that party. |
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Political Action Committee |
Again with the doubles, Groves, already defined. |
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Super PACs |
With the magic of a cover letter, a regulated PAC goes through metamorphosis to turn into a beautiful butterf- Super PAC. Unregulated, unchecked, ready to spend some cash. |
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Issue Ads |
Advertisements, Publications, Advocacy for a particular issue, especially prevalent during campaign season. |
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Critical Election |
An election in which a realignment may have occurred, or rather a surprising/ unexpected result. |
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McGovern-Fraser Commission |
A method of how democrats chose candidates for national conventions, created in response to those Chicago protests and riots. |
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National Convention |
A convention held as a sort of pep-rally for a party, in which candidates and platform are announced for that party. |
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Battleground states |
aka Swing States, states often contested because their electoral votes can sway the tides, turn the tables, rotate the whole shabang in an election. |
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Two-party system |
A system of government in which two parties preside, contrasts multiparty system. As a result of First-Past-The Post |
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Winner-Take-All System |
Despite a mere majority in an election, the candidate earns all the seats. Therefor, Winner (of the election) Takes all (of the power). Republican method of deciding candidates |
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Proportional Representation |
When seats reflect the distribution of votes. (Voting: Group A - 60% of vote, Group B - 40% of vote, therefor Group A gets 60 seats, and Group B gets 40 seats in a 100 seat chamber.) |
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Party Eras in American History |
Eras in which a particular tends to dominate, and usually a single issue sways politics. For example the Era of Two republics with the swinging issue of slavery. Nowadays we refer to the era as era of divided government. |
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Types of Third Parties |
Ideological: Refers to an ideology, i.e. Socialism One-Issue: refers to one-issue, i.e. Environment Economic-Protest: Denies conventional economic systems: Tea Party |
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Political machines and Party Bosses |
An era of corruption and strong party loyalty in which political support was often guaranteed through political favors to industry and business, in which the employees of that business were obligated to vote for whichever candidate supported the business, or risk being fired. |
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Interest Groups |
Single Issue Groups, that lobby, litigate, electioneer, etc to help influence public policy. |
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Grassroots Lobbying |
Attempting to influence policy decisions by influencing the public acknowledgement and support of the issue. Targeting the 'root' of the issue. |
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Lobbyist |
Individuals who advocate for a particular stance on an issue, i.e. individuals who lobby. |
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Bias |
A particular leaning in the information presented, a spin, change of perspective, or difference in viewpoint. |
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Broadcast vs. Print Journalism |
Print often involves lengthy and extensive coverage of a particular issue, with a conventional format. While Broadcast is unconventional in that it tries to convey information in a short succinct and potentially biased fashion. |
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Equal access for all candidates |
The supposed concept that all political candidates should have equal presentation in media and news coverage, or rather equal-access to these news providers. |
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FCC |
Federal Communications Commissions, regulates all ongoing media with radio, television, wire, satellite, cable, etc. |
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Sound bite |
A short extract from a radio broadcast, used for its quickness of reaching a meaning or appropriateness for the issue at hand. |
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Horse-Race Journalism |
A constant monitoring of the polls so that news media coverage will constantly update the people on 'whose in the lead' |
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National Convention |
This is the third time, Groves, that you doubled up on the vocab. Seriously, gah. |
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Republican in Name Only |
A term used by conservative republicans to describe republicans who do not genuinely follow the political ideology of the party, or are simply not conservative enough. |
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Blue Dog Democrat |
Conservative Democrats. Easy. |
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Legislative Powers (Article 1, Section 8) |
"To borrow Money on the credit of the United States;To regulate Commerce with foreign Nations, and among the several states, and with the Indian Tribes;To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;To establish Post Offices and post Roads;To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;To constitute Tribunals inferior to the supreme Court;To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;To provide and maintain a Navy;To make Rules for the Government and Regulation of the land and naval Forces;To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; —AndTo make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." Exact Quote. Basically Do Congress Things. |
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Elastic Clause |
Necessary and Proper, expanded the power of the legislature to conduct the tasks in Article 1, Section 8. |
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Powers denied to Congress |
Can't suspend habeas corpus, cant do bill of the attainder, of ex post facto laws. (Also can't do something regarding prohibiting slave trade, but that's irrelevant)
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Bicameral Legislature
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Two House, Two Chamber Congress. Senate and House of Representatives, thanks Connecticut Plan. |
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Cloture |
The act of shutting down a filibuster with a majority vote |
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Committee System |
A system of committees that discuss the feasibility of certain issue-specific bills. Members of the legislature are shot into committees, promoting specialization in policy. |
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Conference Committees |
A committee bent on revising a bill to its final version; to help revise the bill so that it pleases as many as possible required to pass it. A committee of supposed compromise. |
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Standing Committees |
Permanent Committees int eh House of Representatives |
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Joint Committees |
Committees that cater to both the House and the Senate |
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Select Committees |
A supposedly temporary committee that deals with very specific issues (like Benghazi) |
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Subcommittees |
Committees within Committees that deal with more specific issues relevant to the overarching committees. Help with very finite topics that are sent to broad committees like Oversight Committee. |
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Committee chairs |
Places where people sit in committee. Just Kidding. The member of a committee that serves as the head of that committee, charged with the administrative tasks of that committee. |
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Discharge Petitions |
A vote by the chamber that forces a bill out of committee and onto the floor. |
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Majority Leader
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Leader of the majority party in the chamber. Not to be confused with party leader, which could be the president (or not.) |
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Minority Leader |
Leader of the minority party in the chamber/ Not to be confused with party leader, which could be the president (or not.) |
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Whips |
Individuals in chamber who enforce party loyalty in chamber and rally votes for bills important to the party. |
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Safe district |
A district in which support for a political party is overwhelming, and earning political support in that distract is relatively easy for the overwhelmingly-supported party. |
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President Pro Tempore |
Ceremonial Position, comes after Speaker of the house in the line of succession. |
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Speaker of the House |
Presides over the house and is often times affiliated with the Majority Party. Can vote in the event of a tie, and also follows the Vice-President in the line of succession. |
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Filibuster |
When someone abuses the Senatorial rule of unlimited debate, in order to postpone the passage of a bill, discussion of a bill, and is an effective tool for the minority party over the majority party. |
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Quorum |
A counting of present seats in chamber, in which if the number of congressmen present is too small, the chamber cannot be in session. |
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How a bill becomes a law |
Drafted, Proposed on the Floor, Sent to Rules Committee, then sent to appropriate Committee, if survives, hits the floor for debate, if passes goes to opposite chamber, sent to committee again, if survives, hits the floor for debated and voted upon, then sent to conference committee for revision then to the presidente. |
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Floor Action |
Action on the floor, as in a Senator performs an action "on the floor" when in session. When a Senator is given the privilege to speak during session, for example, he/she "has the floor" |
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House Rules Committee |
Committee that decides what other committee a bill will fall under. |
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House Ways and Means Committee |
A committee whose tax is to determine the 'ways and means' that the government receives funding. Often the committee associated with taxation bills. |
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Checks on the legislative branch |
Judicial: Can deem legislative actions unconstitutional. Executive: Veto. |
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Requirements to be a Congressmen |
Sen: <25yrs, American Citizen for 3, Resident of the State for 1, Current resident of the state they represent. Rep: <21yrs, American Citizen for 3, Resident of the State for 1, Current resident of the state they represent. |
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House Leadership Structure |
Speaker > Majority Leader, Majority Whip > Minority Leader, Minority Whip |
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Senate Leadership Structure |
Vice Pres > Pro Tempore (Negligibly Greater) > Majority Leader (And all Staff: Secretary) > Minority Leader (And all Staff: Secretary) |
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Franking privilege |
Free mailing of certain content through postal service; privilege for congressmen. |
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Pork Barrel legislation. |
Sneaking in lines in a bill that provides something for the constituents of a Congressmen, creating an illusion of service to his/her electorate. |
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Earmarks |
Sneaking in lines in apportionment bills to redirect a bit of the funding wards projects valued by the congressmen. |
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Congressional Budget Office |
Provides research, data, and advice for when Congress revises the budget proposed by the President. |
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Impeachment |
The process in which a President is accused and is up for being removed from office. |
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Expressed Powers of the President |
Powers specifically given by the constitution. Veto bills, deploy troops (not declare war), appoint certain officials, make executive orders, conduct foreign diplomacy, etc. |
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Implied Powers of the President |
Powers not mentioned in the constitution, but implied to be given, or implied to exist, such as Head of Party. |
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Executive Office of the President |
Administrative senatorial staff charged with assistance in management and administration of the executive branch. |
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Cabinet |
Appointed advisers in specific cabinet positions as created by Congress. For example Secretary of State. Cabinet aids in implementation of executive orders. |
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Electoral College |
Special body in charge of choosing the President on behalf of the American people. Attempts to preserves the interests of the general public when deciding the Presidential Candidate |
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Veto |
The active denial of legislation sent to the president for approval |
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Pocket Veto |
When the president denies legislation by simply leaving it unsigned 10 days after congress is out of session |
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Executive Privilege |
the ability for members of the executive branch to resists judicial and legislative oversight and intervention on personal records, documents. i.e. right to privacy. |
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Signing Statement |
Written proof that a president has signed a bill into law. |
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War Powers Act |
An act that limits the presidential power to deploy droops. |
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Gulf of Tonkin Resolution |
Temporary expansion of presidential power in which authorized President Johnson to do whatever was necessary to resolve the conflict in southeast asia. |
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Executive Agreements |
Any diplomatic agreement between the executives of two states. |
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Executive Order |
A method of bypassing the bill-making process to enact similar-caliber legislation. (As in same power as a law) |
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Vice President |
Primary role of replacing the president in the event the president is incapacitated, or unfit for office. |
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Presidential Succession |
The Process in which a president can be replaced, and the order that follows it. Vice Pres - Speaker of the House - Pro Tempor - Cabinet Heads in order of creation. |
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Bureaucracy / Organization of Bureaucracy |
A division of the executive, agencies devoted to carrying out day to day operations of the federal government. Hierarchies on Hierarchies on Secretaries of Secretaries. |
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Civil Service |
The division of employees that serve the federal government but are independent of the political process. As in not congressmen, not the president, not supreme court justices. Bureaucrats. |
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Administrative Discretion |
Exercising ones professional expertise in order to make a policy decision or a decision on protocol rather than adhering to any code, or predetermined decision making process. |
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Iron Triangles |
Relationship between interest groups, agencies, and congressional committees in the policy making process. |
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Legislative oversight |
The act of the legislature assessing the efficacy, reliability, and propriety of other branches of government |
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Merit System
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A system in which ones credentials as a professional warrants your seat in the hierarchy of power. |
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Red Tape |
The term describing the bureaucratic overlapping and extensive procedure hampering overall progress, and bogging down policy. |
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Independent Executive Agencies |
Any agency outside of the executive departments but under the cabinet heads. |
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Independent Regulatory Agencies |
Agencies that are designed to regulate certain policy areas while standing independent to the executive, exercising a substantial amount of professional or administrative discretion. |
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Government Corporations |
State-owned industries, businesses, corporations; parastatals. |
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Legislative veto |
A form of veto but by the legislature, allowing them to roadblock actions of the other branches, expanding the power of legislative oversight. |
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Checks on the Executive |
Judicial: Can rule executive acts unconstitutional Legislative: Overturn Veto, Deny appointees, Impeachment. |
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Requirements to be President.
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Natural Born, at least 35, 14 years a resident, win election. |
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Presidential Appointment Process |
President can pick individuals to be appointed for certain positions, which all must be approved by congress. Some appointments involve senatorial courtesy, turning to Senators for appointment recommendations. |
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Pendleton Act |
Reinforces Merit System in political appointees by the president. |
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Hatch Act |
Prohibits employees of the executive from participating in political activities during employment hours, |
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Budget Impoundment Control Act |
Created budgetary standing committees in both houses, as well as Congressional Budget Office. |
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Supreme Court |
Highest Court in the United States with both appellate and original jurisdiction. exercises judicial review. |
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Federal Court System |
94 district, 13 appeal, 1 supreme |
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Original vs. Appellate Jurisdiction |
Original: Cases of a specific type go directly to that court. Appellate: Cases may be passed from a lower court to that court. |
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Writ of Certiorari |
The supreme court granting cert and will hear the court case, all records are to be handed up to the supreme court. Involves 4 out of 7 justices to bestow cert, and only occurs 1% of the time. |
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Class-action Suits |
Where a collective body is a part of the lawsuit. Occurs when interest group or any group of people collectively litigates a specific target. |
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Judicial Activism |
The active interpretation of the constitution to meet the needs of contemporary society. Loose Interpretation. |
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Judicial Restraint |
The strict interpretation of the constitution with original intent in mind. Making rulings in line with how the Framers intended the Constitution to be interpreted. |
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Judicial Review |
The ability for the judiciary to interpret the constitution and apply to its rulings. |
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Marbury v. Madison |
The court case that established Judicial Review as a thing. Expansion of power of the judiciary, first instance of the informal amendment of the constitution. |
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Amicus Curiae briefs |
Reports, Statements, Briefs provided by interest groups, professionals, and other unaffiliated parties to provide insight and expertise on a case. Friend of the Court. |
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Stare Decises |
When the Supreme Court upholds the decision of a lower court, rather than implementing its own ruling. Let the decision stand. |
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Strict Constructionalist vs. Loose Constructionalist |
Strict: Strict interpretation of the constitution word by word, if it's explicitly not in the constitution, the gov't cannot do it. Loose: Loose interpretation, utilizes necessary and proper clause, or commerce clause, interpreted to allow the gov't to do more than what the constitution outlines. |
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Oral Argument |
A discourse by speech, in a court hearing, it is a verbal discourse between prosecution and defendant in an effort to sway the judge or jury. |
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Majority Opinion |
The opinion and reasoning that most supreme court justices agree with, and is the ruling for the case. |
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Dissenting Opinion |
The opinion in which a justice disagrees with the majority. Supplying the reasoning for the dissenting opinion may provide insight for the case. |
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Concurring Opinion |
The opinion in which a justice agrees with the majority but provides additional commentary and different reasoning as insight. |
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Appellate Courts |
Court of Appeals, Courts with strictly appellate jurisdiction. Intermediate courts on a federal level between district and supreme court. |
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Solicitor General |
Not to be confused with Attorney General, supplies brief for a request for writ of certiorari, as wella s stands as the representative of the federal government in federal disputes. |
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Selection of Justices |
Appointed by President, Vetted (Committee on the Judiciary) and Voted upon by Senate |
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Defendant |
The convicted party, the party accused of a crime, the party seeking a guilty or innocent verdict in a criminal case. |
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Plaintiff |
Prosecuting Party, opposes defended, seeks to win court case against defendant, seeks to convict defendant as guilty of accused crime. |
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Senatorial Courtesy |
The act of the president turning to Senators for recommendations for judge appointees on a state and local level. |
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Civil Cases |
A case in which a dispute is held between two parties that ends in a settlement, a law is not necessarily broken. |
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Criminal Case |
Law is broken, ends in a ruling of guilty or innocent, fines, jail time, or a plea bargain. Involves defendant and prosecution. |
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Grand Jury |
A jury of peers that decide the ruling of a court case in place of a judge. Unanimity is required. |
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Indictment |
The successful charge of the accused crime or offense. |
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Checks on Judiciary |
Executive: Appoints Justices, bureaucracy can limit the effect of court case hearings Legislative: Power of the purse, can create bureaucracy which limit effect of court case hearings, can amend constitution to overturn rulings down the road. |
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Rule of Four |
4 out of 9 justices for Certiorari |
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Original Intent |
Aligning court rulings with the original intentions of the Framers who wrote the Constitution. |
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Plea Bargain |
Pleaing Guilty in exchange for a lesser sentence for a crime committed. |
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Political Questions |
Any case or question that is not within the right for the court to her, in which they have no jurisdiction, or that the question is most likely better solved in another institution of government. (The constitution not giving the court the power to answer a question of that sort) |
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Prior Restraint |
The act of (expressly) denying freedom of expression, prior to that expression being expressed (expressively) |
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Litigation |
A method of influencing policy by holding violators of a certain ideology accountable in a court of law. (NAACP holding a company accountable for racist policies) |
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Bill of Rights |
Method of appeasement by the Federalists for the Anti-Federalists. Guarenteed certain rights that protected the individual fromt he new central federal government. |
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Civil Liberties |
Privileges endorsed by government (Voting, Running for Office, Partisanship) |
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Civil Rights |
Rights that protect the individual from a strong federal government (Freedom of speech, religion, assembly) |
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Clear-and-Present Danger rule |
Freedom of speech can be restricted should there be a clear (obvious) and present (tangible) danger to the safety of the public. |
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Lemon Test |
To test whether an action by the federal government encroaches on the principles of Religious Freedom, involves Entanglement and such. |
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Miller Test |
Test for obscenity, and if content is deemed too obscene to allow or deny free speech / expression. |
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Establishment Clause |
Federal Government cannot establish a religion above any other. (Freedom of Religion) |
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Free Exercise Clause |
Federal Government cannot encroach on an individuals right to freely exercise and practice his/her religion. (Freedom of Religion) |
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Exclusionary Rule
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Evidence collected that violates an individual's constitutional rights, or is obtained illegally, shall be excluded from the trial in a court case. (Mapp v Ohio ;D) |
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Libel |
A statement that is published and damages the target's reputation. Defamation |
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Slander |
The act of creating and publishing Libel. |
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Obscenity |
Excessively explicit material deemed inappropriate for the public, and can be limited via Miller Test. |
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Symbolic Speech |
Freedom of Speech without the Speech part. Burning flags, Armbands, etc. |
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Probable Cause |
The ability for law enforcement to arrest an individual under suspicion or conspiracy, and with appropriate reasoning, as in Probable Cause. |
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Search Warrant |
Written permission for law enforcement to search the property of another individual. Unlawful Search and Seizure no longer unlawful.
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Selective Incorporation |
Utilizing the incorporation clause to extended constitutional civil rights to the states, like free speech and freedom of religion. (State cant deny speech or endorse religion) |
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Rights of the Accused |
Right to fair trial, no double jeopardy, no self incrimination, habeas corpus, right to jury, right to counsel. (A bit of redundancy oh well, I'm tired) |
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De facto vs. De jure segregation |
De facto: Segregation by fact (law) actual legally enforced direct segregation. De jure: Segregation that occurs not necessarily backed by law, but indirectly segregated. By the behaviors of people, and small roundabout methods of segregation. |
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Separate but Equal Doctrine |
Ruling that segregated establishes that were separate, were also inherently equal, and therefor constitutional. |
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Due process clause |
Respect all legal rights. Right to trial, and right to go through the entire legal process (Due process), Habeas Corpus. |
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Equal Protection clause |
States that all individuals in the eyes of the law are equal regardless of demographic characteristics. Equally protected by the laws, and thus have the same legal rights across the board. |
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14th Amendment |
Expanded citizenship to black males, but also swayed into the expansion of civil rights into sate governments. (Incorporation) |
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Equal Rights Amendment Proposal |
Specific proposed amendment devoted to promoting equal rights in all states, especially to women. Not ratified in all states. |
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Civil Rights Act of 1964 |
Forbade discrimination based on sex or race. Mainly race. |
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Affirmative Action |
The act of taking race into consideration for employment and enrollment, as a way of preventing the disenfranchisement of a particular race. |
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USA PATRIOT Act |
Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism. Pretty Self Explanatory. Armed law enforcement with tools to detect terrorism. |
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Right to Privacy |
Ones protection of personal property, personal information as intellectual property, as well as the protection of actions and possessions hidden from the public sphere. Therefor Privacy. |
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Writ of Habeas Corpus |
Right to a trial. Simple as that. Cannot be suspended by the legislative branch as stated in the constitution. |
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Title 9 of the Education Amendments of 1972 |
States: Can't discriminate based on sex in any schools that gets the moneys from the federal gov't. |
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Libel |
Already did this one Groves, this is number 4. |
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Obscenity |
This one too, Groves, already done. Two repetitions in a row. How bold. |
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Political Agenda |
The mindset of a course of action to progress a certain political goal that supports particular values or ideologies, through policy. Gameplan. |
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Regulation vs. Deregulation |
Regulation: Prevention and Protection from policy and those affected by policy from getting out of hand. Deregulation: Lessening of regulations to alleviate pressure, and promote expansion. |
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Federal Budget |
Comprehensive spending plan on allocating funds in specific sectors and policy issues.Proposed by President approved by Congress.
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Budget Resolution |
Presented as part of the budget process, contains many important pieces of information regarding the budget, like totals, and divided totals for specific areas, plus more info from committees |
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Budget Process Timeline |
First Monday: Budget Proposed, Goes to congress for Approval, revised by committees, budget resolution, any necessary actions, appropriations bills completed, Oct 1, Fiscal Year Begins. |
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Surplus |
Excess money, when revenue is higher then expenditures. Unrealistic on a National level, considering debt. |
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Deficit |
Hole in the wallet, expenditures exceed revenues, Deficit Spending. |
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National Debt |
Cumulative sum of all deficits that have been plugged by loans from foreign governments. |
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Office of Management and Budget |
Executive Branch, Budget Relevant body, advises president on issues in the budget, and conducts research |
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Congressional Budget Office |
Legislative Branch, Budget Relevant body, advises committees on issues in the budget, and conducts research |
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16th Amendment
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Income tax, primary source of revenue for the federal government. Whoo! |
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Appropriation bills |
Legislation to allocate funding to specific areas. Must pass in order for budget to completely pass. Subject to earmarking and pork barrel. |
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Mandatory Spending |
Spending on pre-existing policies. Entitlements, Welfare, etc. Allocates funding to areas that are already in need of funding, continuous already enacted systems. |
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Discretionary Spending |
Spending on potential policy, money placed into areas for the development and maintenance of that policy area. Money spent has a bit more discretion as to what is done with the money, in contrast to mandatory. |
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Progressive Tax |
As income level goes up, Tax Rate goes up (Income Tax) |
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Flat Tax |
Consistant rate across the board regardless of income. (None really on a federal level) |
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Regressive Tax |
Tax rate increases as income level decreases. Poor peoples tax. (Alcohol tax) |
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Entitlements |
Money going to people who qualify to receive this money, often times welfare, where people are approved and 'entitled' to this funding. |
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Uncontrollable Spending |
Spending so sporadic, extensive, incalculable, and unmanageable that it is deemed uncontrollable. Often applies to entitlement programs in which it is difficult to calculate how much money is going into each of these entitles peoples, as well as the incalculable sum with maintenance of the entitlements system, etc. |
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Federal Reserve |
Manages Fiscal Policy, amount of money in circulation, controlling inflation and preventing recession. Also helps in debt management, and is linked to the Treasury and other cool agencies like FDIC. |
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Budget Impoundment Control Act of 1974 |
This is another time where you repeated yourself Groves, but this one is across units! Impoundment be in executive branch unit too! |
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Gramm-Rudman Act |
Emergency deficit bill that adopted sequestration in certain areas. Also promote a debt limit increase. |
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Fiscal policy |
Policy involving taxation, interest rates, and economic initiatives as initiated by Congress. |
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Monetary policy |
Policy involving inflation response, money in circulation, etc. as dictated by the Federal Reserve. |
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Internal Revenue Service |
Agency charged with managing how the federal government accrues revenue, essentially oversees taxation and to a certain extent; private political institutions (527s) |
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Social Security |
A contributory system in which a portion of income goes into the system, and a portion of retirement funding comes out. Like magic! (really easy to read, and overall ineffectual magic) |
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Medicare |
Welfare program providing government supplemented care to the elderly and retired. |
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Medicaid |
Welfare program providing government supplemented care to the poor and low-income. |
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Clean Air Act |
Environmental policy setting air quality standards from emissions as well as adopted incentives to industries that pursue cleaner practices. |
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EPA |
Agency acting as the primary policy initiator for environmental control and protection, hense Environmental Protection Agency. Recieves funding to help maintain ambient natural quality of the environment.
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American recovery and Reinvestment Act |
Stimulus Package, cash injection into industry in an attempt to foster economic growth. It's success was staggered and/or deemed not as effective as intended. |
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Foreign Policy |
Policy in response, with regards, referring to, or aligning with foreign governments, foreign industry, or foreign peoples. Tariffs, Trade Agreements, War Pacts etc. |
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Isolationism |
The ideology to adopt a stance in which a state discourages involvement or interrelationships with other countries. |
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Containment Doctrine |
The approach to maintaining and protecting democracy by containing and suppressing communism in a specific region, i.e. Southeast Asia. |
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Joint Chiefs of Staff |
A bunch of senior leaders part of Department of Defense who all come together to give the Secretary of Defense advice on how to give advice to the president. |