AP U.S. Government Test

Reed v. Reed

The landmark case in 1971 in which the Supreme Court for the first time prevented state laws from giving preferential treatment to men over women.

Public Agenda

The media plays a major role in the perception of government by placing certain policies and news events in the spotlight. This is also known as creating a _________________.

National Convention

The meeting of party delegates every four years to choose a presidential ticket and write the party's platform. It sponsors polls to keep party members informed of public opinion and manages issue-oriented advertising and propaganda.

Cloture vote

The only easy to end a filibuster is through this. It requires 60 senators to agree to end the debate on the Bill.

progressive income tax

The percentage of income paid in taxes will increase as income increases.

Veto powers

The power of a president or governor to reject a bill proposed by a legislature by refusing to sign it into law. The President can also use this power in policy making if he does not like what the government's agenda of what to accomplish.

The people's House must be able to have a say in their government leaders.

The power of impeachment is given to the House of Representatives. Why?

Judicial Review

The power of the courts to declare laws unconstitutional

Public Policy making

The process by which authorities decide which actions to take to address a problem or set of problems. Can have the following 3 purposes: 1. Solving a social problem (high crime rates, unemployment, poverty, teenage drinking) 2. Counteracting threats (terrorism or war) 3. Pursuing an objective (building a highway, cure for diseases)

selective incorporation

The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.

selective incorporation/incorporation doctrine

The process by which the Supreme Court, on a case by case basis, makes certain parts of the Bill of Rights applicable to the states through the due process clause of the 14th amendment.

Monetary policy

The process by which the government controls the supply of money in circulation and the supply of credit through the actions of the Federal Reserve Board.

rights of the accused

The protections that the Constitution guarantees to citizens who are accused of crimes. Found mostly in the 5th amendment

Reapportionment

The redistribution of seats in the House of Representatives for each state after the census is taken.

6th Amendment

The right to a Speedy Trial by jury (100 day rule) , right to counsel; representation by an attorney for an accused person

Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states

20th Amendment

- (Lame Duck Amendment) shortened period between presidential elections and inaugurals. It is now January 20th instead of March 4th.

Declaration of Independence

-Author: Thomas Jefferson (primary), authorized by Second Continental Congress Main Points: -Declared independence from Britain- justification for "divorce" -identified natural rights = life, liberty, pursuit of happiness and governments job to protect them -influenced heavily by John Locke (consent of the governed; popular sovereignty; social contract theory; limited government)

Informal Powers of the President

-Morale builder (chief citizen) =their job is to think less like a politician at times and more like a person to improve the spirit of the US. -Legislative leader/ coalition leader = President must set and lead the legislative agenda and build coalitions/unification of people with similar interests in government. -Bully Pulpit/ Communication = The President uses his predictive to talk to the American People effectively. -Party Leader = President is the face of their party.

U.S. Constitution

-Preamble outlines the job of the government: We the People [popular sovereignty; consent of the governed] of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Prosperity, do ordain and establish this Constitution for the United States of America. -Outlines the Structure of the government (republic; federalism) -Three branches of government (separation of power; checks and Balances) -relationships between the states (extradition clause; privileges and immunities clause) full faith and credit clause) -amendment process: (Article V) Proposed by Congress or Convention, ratified by 3/4 state legislatures -27 amendments

Circular Structure

-President meets directly with SOME advisers (ex: cabinet officials) on a regular basis Ex: Jimmy Carter

Articles of Confederation (1776- 1781)

-Purpose of the document:first attempt to unite the 13 colonies -Weaknesses: 1. Creates a unicameral legislature with no executive or judicial branch (can create laws but can't enforce them) 2. Laws need 9/13 states approval 3. Needed all 13 states approval for amendments 4. No ability to raise an army 5. No regulation of trade 6. No national currency

Liberal

-believe the government should be used in a limited way to remedy the social and economic injustices of the marketplace -support government regulation of the economy -support government efforts to redress past social injustices through things like affirmative action -most believe in separation of church and state, therefore they oppose school-sponsored prayer and oppose bans on abortion. 26% of Americans consider themselves this

Political parties

-serve as intermediaries between the people and the government -are made up of grassroot members, activist members, and leadership. -are organized to raise money, present positions on policy, and get their candidates elected to office. -were created outside of the Constitution— they are not even mentioned in the document but were developed in the 1790s

Conservative

-stress that individuals should be responsible for their own well being and should not rely on government assistance -oppose government interference in the private sector -oppose most federal regulations (laissez faire) -35% of Americans consider themselves this.

Pyramid Structure

-traditional, strict order of operations for the President -no one speaks to the President without approval of the chief of staff -limits the amount of sensitive info that gets to the media Ex: George Bush, Obama

Moderate (or Independent)

-view themselves as pragmatists who apply common sense rather than philosophical principles to political problems -their beliefs do not constitute a coherent ideology -34% of Americans consider themselves this

How interest groups influence government

1) direct lobbying = representatives of the interest group meet privately with government officials to suggest legislation and to present arguments supporting their positions. 2) testifying before congress 3) socializing (social functions) 4) Political donations =interest groups provide financial support to candidates and parties that champion their causes. 5) endorsements =some groups announce their support for specific candidates 6)Court Action =groups will file lawsuits or class action suits to protect and advance their interests. They will also submit amicus curiae briefs in lawsuits. 7) Rallying their membership = grassroots campaigning, demonstrations promoting their cause. 8) Propaganda =commercials, social media campaigns promoting their views

Types of interest groups

1. Economic groups - formed to promote and protect members's economic interests. (US Chamber of Commerce) the most powerful type. 2. Public Interest groups - nonprofit organizations that are generally organized around a well-defined set of public policy issues. (Sierra Club, Mothers Against Drunk Driving) this type has very intense supporters. 3. Government interest groups - lobbying organizations in the nation's capital.

Functions of political parties

1. Recruit and nominate candidates 2. Educate and mobilize voters (sending mail, advertisements, holding rallies to pusiste voters to choose their candidates) 3. Provide campaign funds and support 4. Organize government activity (The House and Senate organize their leadership and committee systems strictly along party lines, as do the state legislatures). 5. Provide balance through opposition of two parties (each party watches each other and exposes weakness and hypocrisy) 6. Reduce conflict and tension in society (The two party system encourages parties to accommodate voters and encourages voters to accept compromise in policy.

Common criticisms of the Bureaucracy

1. Red Tape= complex, conflicting rules that make it difficult for an agency to complete tasks. 2. Wasteful spending = agencies will spend money because they have it, and they don't want their "weekly allowance" to decrease in future budgets. 3. Imperialism = an agency is heavily relied on by the people so it can never be diminished. (USPS) 4. Gold Plating= agency will buy the most expensive supplies possible. Ex: $100 bolts for the Air Force. 5. Duplication = multiple agencies are created to do the same task.

Senate

100 members, originally elected by state legislatures (17 Amendment = direct election), equal representation, serve a 6- year term (1/3 of members elected every 2 years; staggered terms make the Senate a "more august/prestigious body", must be a citizen for 9 years and must be 30 years old

Equal Protection Clause

14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination

Patient Protection and Affordable Care Act

2010 legislation aimed at reducing the number of uninsured individuals and decreasing health care costs, known as Obama Care

House of Representatives

435 members, directly elected by the people, proportional representation, serve a 2-year term, must be a citizen for 7 years and must be 25 years old

Miller v. California

A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be used to determine whether material is obscene in terms of appealing to a "prurient interest" and being "patently offensive" and lacking in value.

Federal Election Campaign Act (FECA)

A 1974 law allowing corporations, unions, and trade associations to form political action committees as a means of raising campaign funds. -it set restrictions on contributors and contributions, and said that corporate, Union, and trade PACs must raise money from employees and members and may not simply draw it from their treasuries.

Regents v. Bakke

A 1978 Supreme Court decision holding that colleges can use affirmative action to make their school more diverse, but cannot use a quota system. They cannot deny a white pero an a spot because they need exactly 20 black students.

Planned Parenthood v. Casey

A 1992 case in which the Supreme Court said that states can regulate abortion (waiting period, parental consent for minors) but not with regulations that impose an "undue burden" upon women. Meaning, a woman does not have to get consent from a spouse to have an abortion.

Citizens United v. Federal Election Commission

A 2010 landmark Supreme Court case that ruled that individuals, corporations, and unions could donate unlimited amounts of money to groups that make independent political expenditures. It is their first amendment right because political donations are considered free speech. This case overturned the Bipartisan Campaign Reform Act of 2002's limit on PAC fundraising for corporate expenditures ".

Free exercise clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Buckley v. Valeo (1976)

A case in which the Supreme Court of the United States upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech. The court also stated candidates can give unlimited amounts of money to their own campaigns.

Criminal case

A case where an individual is accused of breaking the law. Dealt with at a state level court.

Civil case

A case where two individuals can't come to an agreement; deals with money a lot of the time. Dealt with at a state level court.

Conference Committee

A committee which includes members of the House and Senate to reconcile differences in a Bill to get final passage from Congress before it goes to the President.

Annapolis Convention

A convention held in September 1786 to consider problems of trade and navigation, attended by five states and important because it issued the call to Congress and the states for what became the Constitutional Convention.

Shaw v. Reno (1993)

A court case that decided that redistricting based on race is illegal. Race cannot be a factor in drawing district lines.

Rostker v. Goldberg

A court ruling that acknowledged "allowable differences" between men and women, such as draft requirements.

Court of Appeals

A court with appellate jurisdiction that hears appeals from the decisions of lower courts. The decision of this type of court is made by a panel of appointed judges.

Search warrant

A document needed to search a person's house, car belongings. The 4th amendment says this is needed to search

Defense of Marriage Act (DOMA)

A federal law that legally defined marriage between one man and one woman. It also prevented same sex couples from filing taxes together. Overturned in Obergefell v. Hodges.

Economic policy

A government policy for maintaining economic growth and tax revenues.

Judicial activism

A judicial philosophy in which judges make bold policy decisions, even charting new constitutional ground. A judge will believe the Constitution is flexible and can adapt to changing times.

Constitutional Convention

A meeting in Philadelphia in 1787 that produced a new constitution

Iron triangles

A mutually dependent relationship between bureaucratic agencies, interest groups, and congressional committees or subcommittees. They dominate some areas of domestic policymaking.

Social welfare

A nation's system of programs, benefits, and services that help people meet those social, economic, educational, and health needs that are fundamental to the maintenance of society.

Standing Committee

A permanent, specialized committees such as the House Ways & Means Committee or the Senate Judiciary committee.

Name-job request

A person gets their job based on previous experience

Open primary

A primary election in which voters may choose in which party to vote as they enter the polling place

Realignment

A process in which a substantial group of voters switches party allegiance, producing a long-term change in the political landscape. They realign themselves with a new political party. This usually happens after critical elections. -The Great Depression caused this in the US because Americans blamed Republicans for the Great Depression.

senatorial courtesy

A process where the Senate will suggest candidates, and the President will nominate a federal judge from there. Criticized because it reverses the President's power of appointment.

Rider

A provision attached to a bill - to which it may or may not be related - in order to secure its passage or defeat. Most bills have these added, some of which are poison pills or killer amendments that affect the passage of a Bill.

No suspension of writ of habeas corpus

A restriction of Congress in Article I section 9 that says Congress cannot suspend a person's right to know what they are accused of and their right to be seen before a judge when they are being arrested

No ex post facto laws

A restriction of Congress in Article I section 9 that says a person cannot be prosecuted for breaking a law that was not yet passed. Can't arrest someone for breaking a law from the future.

no bills of attainder

A restriction of Congress in Article I section 9 that says someone cannot be declared guilty without a trial

Exclusionary rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Dual (layer cake) federalism

A system in which national and governments have powers that do not overlap. They operate completely separately. In 1787 through 1932, the US had this type of federalism.

Federalism

A system of government in which power is distributed among the federal and state governments.

Filibusters

A tactic used to delay a vote on a Bill and tie up the work of the Senate, usually by a senator making a speech that continues for hours on the Senate floor. Senators use it to "kill" legislation (block a vote).

527 group

A tax-exempt organization that promotes a political agenda, although they cannot expressly advocate for or against a specific candidate. They are a super PAC and they use soft money. They are not regulated by the FEC (Federal Election Commission).

Select Committee

A temporary committee used to resolve a specific issue/ purpose such as the House Watergate committee (from the Nixon era).

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures. -James Madison, Hamilton, John Jay -promoted strong government -issued the Federalist Papers

Litmus Test

A test where the President reviews the political ideological background of potential candidates

Pocket Veto

A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.

Libel

A written defamation of a person's character, reputation, business, or property rights. Not protected by freedom of the press

Referendum

A_________ measures the public's opinion on specific issues

conference committee

After the Bill is debated on in both the House and the Senate, it is sent to __________. Because the Bill is sent in different forms from each chamber (both made changes to it), they must reconcile the differences here. They then will send out the final Bill.

North American Free Trade Agreement (NAFTA)

Agreement that created a free-trade area among the United States, Canada, and Mexico, effectively removing tariffs from one another's products.

Sponsor

All Bills need a ________. It can only be a member of Congress and this person is the one who proposes the Bill to Congress because they support it.

U.S. v. Nixon (1974)

Allowed for executive privilege, but not in criminal cases; "Even the President is not above the law;" Watergate.

Judicial Review

Allows the court to determine the constitutionality of laws

22nd Amendment

Amendment that created a 2 term limit on presidents.

16th Amendment

Amendment to the United States Constitution (1913) gave Congress the power to collect taxes on income, which allowed for the creation of a progressive income tax that fell more on the rich.

21st Amendment

Amendment which ended the Prohibition of alcohol in the US, repealing the 18th amendment. Legalizing the production and sale of alcohol again. 1933

Plurality election

An election in which the candidate who gets the most votes wins, even if the winning candidate don't get more than half of the vote.

Critical election

An election where a new party comes to dominate politics, results in party realignment. Ex: Election of 1860 began the Republican Era (until 1932) Ex: Election of 1932-1963 majority of Presidents were democrat

good faith exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

Office of Management and Budget

An office that prepares the president's budget and also advises presidents on proposals from departments and agencies and helps review their proposed regulations.

dissenting opinion

An opinion disagreeing with a majority in a Supreme Court ruling.

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

writ of certiorari

An order by a higher court directing a lower court to send up a case and its documents for review

Executive order

An order by the President that has the same effect as a law. Checks: legislation, judicial review, impeachment

Subpoena power

An order from a court directing a person to appear before the court and to give testimony about a cause of action pending before it.

Citizenship clause

Anyone that is born in the United States is a US citizen, therefore protected by the US constitution. Overturns Dred Scott (Supreme Court said slaves were not citizens)

Ad Hoc Structure

Anyone who is favorable to the President can meet directly with him. Ex: Bill Clinton, Donald Trump

The Senate members have longer terms, and are the more prestigious part of Congress, so approving the President's actions is a big responsibility.

Approving Presidential appointments/treaties is done by the Senate. Why?

Supremacy Clause

Article VI of the Constitution. This clause refers to conflicts between the federal law and state law. If there is disagreement, the federal law will win.

Representing constituents within the government

As representatives of their electorates, Adlai known as politicos, members of Congress not only Vite on laws but help constituents in their dealings with the government. (One of the non legislative tasks of Congress)

Settlement

As with plea bargaining in criminal law, civil law also has a mechanism to avoid trial- _____________. This is when the parties negotiate and the issue becomes how much each party is willing to give up to end the lawsuit. If this cannot be reached, the case goes to trial.

Federalist #78

Author: Alexander Hamilton Main points: -"Least dangerous branch" cannot enforce its decisions (no influence over "sword or purse") -Judiciary must be independent; life terms ensure justices are qualified men who won't do the job if it's temporary (otherwise they will be beholden to their appointers) -Judicial Review is their job to interpret the Constitution

Federalist #70

Author: Alexander Hamilton Main points: -argues for a single, "energetic" executive (President) -President must be a single person; having a dual executive or a committee will lead to confusion, disagreement, and inability to act decisively -Debate and disagreement are good for Congress, poison for the President -President needs to be able to act quickly and decisively to respond to crises -Having a single President makes the executive easily accountable; multiple Presidents = finger pointing and shifting blame

Federalist #10

Author: James Madison, Federalist Papers Main Points: -Factions are inevitable-cannot destroy them, so must manage them -Large Republic is the best form of government to address factions- too difficult for any one faction to gain power; less likely for corruption -Pluralism~ many factions competing for influence leads to only the best ideas being enacted -Prevents tyranny of the majority -Views of the people will be "refined and enlarged" by their elected representatives

Federalist #51

Author: James Madison, Federalist Papers Main points: -Power is divided between: 1. Three branches of government, each w/ little control over the other 2. National and state governments; House and Senate are divided and elected in different ways (back then) -Checks and Balances- government must be powerful enough to control the people, but also to control itself- separate but equal powers -All keep power from becoming too centralized-preventing one person/ one group from taking over the government "If men were angels, no government would be necessary"

Articles of Confederation

Author: John Dickinson, authorized by Second Continental Congress Main points: -Confederal government (state sovereignty) -Were weak because Congress was not given many powers to prevent tyranny -unicameral legislature (each state = 1 vote; 9/13 votes needed to pass laws) -no executive/ no judicial (cannot settle interstate disputes); no power to tax citizens -no power to raise an army

Letter from a Birmingham Jail

Author: Martin Luther King Jr. Main Points: -Justice delayed is justice denied; Injustice anywhere is a threat to justice everywhere -All people should be treated under the same law (14th amendment Equal Protection Clause) -Nonviolent direct action seeks to create an urgency for legislative action

Brutus #1

Author: Robert Yates, anti-federalist Main points: -Constitution gives too much power to central government -Necessary and Proper Clause (elastic clause) is a blank check to Congress -Supremacy Clause - state governments will end up obsolete; powerless -Too large a country for Congress to represent local concerns; ineffective because too many views (factions) to form agreements -Can do away with state governments -Standing army in peacetime is a destruction of liberty -Once you give up power, the only way to get it back is by force

Age Discrimination in Employment Act of 1967

Banned age discrimination in jobs unless age is related to job performance.

Bipartisan Campaign Reform Act of 2002

Banned unregulated("soft money") donations made directly to political parties (often by corporations, unions, or wealthy individuals) and the solicitation of those donations by elected officials. It also limited advertising that unions, corporations, and nonprofit organizations could engage in up to 60 days prior to an election and 30 days of a primary. -also called the McCain- Feingold Act

14th Amendment

Before this amendment, people were protected by the federal government by the Bill of Tights. But this amendment enforces the concepts at the state level.

double jeopardy

Being tried twice for the same crime

New York Times v. United States (1971)

Bolstered the freedom of the press, establishing a "heavy presumption against prior restraint" even in cases involving national security. Constitutional argument: Did the Nixon administration's efforts to prevent the publication of what is termed "classified information about US activities in Vietnam violate the 1st amendment? Ruling: Yes. Since publication of the document would not endanger the safety of American forces, prior restraint of the press was unjustified. -Affected the interpretation of the 1st amendment by limiting the power of the government to interfere with the press.

Mixed economy

Capitalist free-market systems in which both government and private industry play a role are called ________.

Gratz v. Bollinger

Case in which Supreme Court held that affirmative action can be used in college admissions, but only as a "plus factor". Ex: diversity can be a plus factor

Establishment Clause

Clause in the First Amendment that says Congress shall make no law respecting an establishment of religion. The Supreme Court has interpreted this to forbid governmental support to any or all religions. (Separation of church and state)

Establishment clause

Clause in the First Amendment that says the government may not establish an official church of the US. Referred to as the separation of church and state.

Free exercise clause

Clause in the First Amendment that states that Congress shall make no law prohibiting the free exercise of religion.

Public education

Committee hearings and floor debates increase public awareness of government and societal problems. They bring light to social and economic issues that are of interest to the people. (One of the non legislative tasks of Congress)

Less

Compared with political parties in countries such as England and Israel, both of which have multiparty systems, American party systems are _________ clearly identified with consistent political ideologies.

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the eighth grade violates the free exercise clause Facts: The Amish faith discouraged children to go to high school. Wisconsin fined the family for not sending their kids to high school. Issue: In a conflict between the free expression of religious belief and state laws requiring education, who wins? Holding: Amish families taking their children out of school was protected by the free exercise clause of the first amendment.

Procedural Due Process

Concerned with the question of whether laws are fairly applied. (4-8th amendments)

Congressional Oversight

Congress has the ability to... refuse to pass legislation, ability to override a veto, and the ability to cut funding/ spending.

United States v. Lopez (1995)

Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime. -Lopez was arrested for bringing a gun to school. -Lopez argued that the Gun-Free School Zones Act of 1990 (enacted by fed)violated the constitution's 2nd amendment. The federal government argued the law was constitutional based on the commerce clause-firearms were interstate commerce. -Court ruled that the law did violate the Constitution. Guns in school zones should be a managed at the state level.

Trustee Model

Congress members who make decisions based on their best judgment. They see themselves as trustees who should consider their constituent's views but should ultimately use their best judgment as experts when deciding how to vote.

Delegate Model

Congress members will make decisions based on their constituents because they consider themselves delegates whose job is to mirror the views of their home districts.

Checks and Balances

Constitutional safeguard designed to prevent any one branch of government from becoming dominant. Requires branches to share certain powers and cooperate with each other. Offers restrictions on presidential power because the President is not a king Ex: Nomination of members of Congress: The President chooses nominees for federal judges, cabinet officials, and ambassadors. However, the President's nominees must be approved by the Senate. Ex: Negotiation of Treaties: The President is empowered to negotiate treaties, but it must be approved by 2/3 of Senate. Ex: Enactment of Legislation: Congress may pass laws, but the President has veto power.

Obergefell v. Hodges

Court case that held that the 14th amendment requires states to license and recognize same-sex marriage. It declared most of DOMA unconstitutional, protecting same sex marriage rights in all 50 states.

Baker v. Carr

Court case the said drawing district lines must be done so to provide "equal protection" for all state's citizens (one man, one vote)

Great Conpromise

Created a solution at the Constitutional Convention: a bicameral (2 house) legislature with a House of Representatives, based on population, and a Senate, with equal representation for all states.

Equal Employment Opportunity Commission (EEOC)

Created by the 1964 Civil Rights Act, it is responsible for enforcing the anti discrimination laws of the US . It implements affirmative action programs for minorities , to bring suits in cases of racial or sexual discrimination.

Shay's Rebellion (1786)

Daniel Shays, a veteran of the Continental Army, led a rebellion of poor farmers in Massachusetts who demanded debt relief, lower taxes, and protections against property seizures. The farmers came back from war with the government forcing them to pay off debt immediately, which they couldn't do because they hadn't been paid . Fighting breaks out. —-Proved that the colonists can't run their own country and the Articles had failed.

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws. Due process, equal protection, incorporation

Freedom of Information Act (1966)

Declassified government documents for public use.

The media can be used by the public to call the President out of they don't like what he's doing.

Describe one informal check of the President and Congress.

Political parties recruit and run candidates in elections. Interest groups seek to influence public policy.

Difference between political parties and interest groups.

Elite democracy

Discourages political participation by the majority of citizens and cedes power to the educated and most wealthy

24th Amendment

Eliminated the racially discriminatory practice of forcing African Americans to pay poll taxes when attempting to vote in Southern state elections.

Pendleton Act (1883)

Eliminated the spoils system of patronage in selection for government jobs. Set up an exam-based merit system for qualified candidates.

Formal Powers of the President

Enforcing laws, handling foreign policy, convene Congress, state of the Union address, veto legislation, reprieves and pardons, appointments, negotiate treaties/commander in chief, executive order/ executive agreement

12th Amendment

Ensures that electors have to cast separate votes for the President and Vice President in the electoral college, not give the runner up the VP spot.

Mapp v. Ohio (1961)

Established exclusionary rule; illegally obtained evidence cannot be used in court. Decided after Dollree Mapp was convicted of possessing obscene materials after admittedly illegal police search of her home for a fugitive.

McColloch v. Maryland (1819)

Established supremacy of the US Constitution and federal laws over state laws

Griswold v. Connecticut (1965)

Established that there is an implied right to privacy in the U.S. Constitution. A state cannot prevent a married couple from using contraception.

Federal Election Campaign Acts (1971, 1974)

Established the Federal Election Commission and required disclosures of contributions and expenditures, as well as limitations on contributions and presidential election expenditures.

17th Amendment

Established the direct election of senators (instead of being chosen by state legislatures)

Marbury v. Madison (1803)

Established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution

Census

Every 10 years, the ___________ Bureau conducts a counting of the population to redistribute seats in the House.

Competitive federalism is when states compete with other states for money and resources. Cooperative federalism is when the states work together to share money and resources.

Explain the difference between competitive federalism and cooperative federalism.

Roe v. Wade (1973)

Extended the right of privacy to a woman's decision to have an abortion.

Wesbury v. Sanders (1963)

Extending off of Baker v. Carr, the Supreme Court ordered that district lines must be drawn with equal populations in each district.

Jury System

Federal District Courts are the only courts that use a ______________.

Fiscal Federalism

Federal government using money (grants) and resources to influence & control states.

Categorical grants

Federal grants with strict provisions from the federal government on how it may be spent. They are for specific purposes, such as building an airport.

3rd Amendment

Forbids the quartering of soldiers and the direct public support of armed forces. It was a direct reaction to the British practice of using civilian support to conduct military operations.

Political Action Committee (PAC)

Fro regular __________s, donations from single-candidate committees to individual candidates can be limited. Super ________s are not regulated because they do not donate to specific candidates.

19th Amendment (1920)

Gave women the right to vote

Freedom of association

Government may not restrict the number or type of groups or organizations people belong to, provided those groups do not threaten national security. This is implied by the freedom of speech and freedom of assembly in the 1st amendment.

Medicare and Medicaid

Great Society programs that guaranteed healthcare for specific groups, medicare for 65 and older, and medicaid for poor.

Interest groups

Groups that promote an idea. If they supported the President's campaign, they will want the President to legislate in their favor. Ex: NRA

Gideon v. Wainwright (1963)

Guaranteed the right to an attorney for the poor or indigent in a state felony case. Constitutional argument: Does the 6th amendment's right to counsel in criminal cases extend to felony defendant in state courts? Ruling: Yes. State courts must appoint attorneys for defendants who can not afford one. The 6th amendment's right to counsel is made obligatory to the states by the 14th amendment.

1st amendment

Guarantees freedom of speech, freedom of the press, freedom of petitioning the government, freedom of assembly, and freedom of religion

Equal protection clause

Guarantees that citizens are equally protected under the law by the states (civil rights). Part of the 14th amendment

Due process clause

Guarantees that citizens can be heard if they believe the government, THE STATE GOVERNMENTS, has abused its power (civil liberties). Part of the 14th amendment

Policy making

Has 5 steps: 1. Defining the role of government 2. Agenda setting (defusing which issues are most important to deal with) 3. Policy formulation and adoption 4. Policy implementation 5. Policy evaluation

Independent agencies

Help President oversee the bureaucracy: Definition : an agency that is not a part of a cabinet position; typically have very broad powers. What is their purpose: perform services that are too expensive or important to be left to the public . Ex: NASA, Environmental Protection Agency

Cabinet Positions

Help President oversee the bureaucracy: What they do: have head of the top level positions that do the business of the government -are appointed by the President

Independent Regulatory Agencies

Help President oversee the bureaucracy: What they do: makes rules for the public safety and welfare of American people What is their purpose: enacts rules to govern a particular area. Ex: Federal Communications Commission (regulates TV channels)

government corporation

Help President oversee the bureaucracy: What they do: they are a government agency that performs a service normally provided by the private sector. What is their purpose: perform services for the public Ex: United States postal service

Executive agencies

Help President oversee the bureaucracy: What they do: they are permanent agencies that perform management task for the President. They are non partisan (no party affiliation) What is their purpose: to assist the President Ex: Council of economic advisors

White House office

Help President oversee the bureaucracy: What they do: administrative functions for the President What is their purpose: to assist with implementing the President's agenda Ex: Coronavirus task force -Are personally loyal to the President

Thomas Hobbes

His famous work Leviathan argued that is humans were left to their own devices, chaos and violence. would ensue because people are brutish by nature. He argued the best way to protect the quality of life was to give total power to an absolute monarch because man cannot be trusted himself.

Congress can get 2/3 of each House to vote in favor to override the veto.

How can Congress override a veto on a Bill?

Congressional Hearings and funding (Congress can increase or decrease $ spent on the agency)

How does Congress oversee the Bureaucracy?

9/13

How many states were needed to ratify the Constitution?

Laissez-faire

Idea that government should play as small a role as possible in economic affairs.

White House Staff members

If these people helped the President run his campaign, they may offer advice to him during his presidency.

state caucuses and conventions

In primary elections for the Presidency, voters choose delegates pledged to a particular presidential candidate. Winning delegates attend their party's national convention. Some states select presidential convention delegates at _______________. This process begins with local meetings of party members, who select representatives to send to statewide party meetings.

Democratic coalition

In the presidential elections of 2008 and 2012, the __________ included the following: -disaffected moderate Republicans -pro-choicers -African and Hispanic Americans -members and supporters of labor unions -gay rights supporters -people with lower incomes -city dwellers -feminists -environmentalists

Republican coalition

In the presidential elections of 2008 and 2012, the __________ included the following: -veteran's groups and military supporters -religious conservatives -libertarians (favor minimal government intervention) -opponents of gay marriage -opponents of affirmative action -supporters of the development of natural resources on public lands -rural dwellers

Clear and Present Danger Test

Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts. Ex: yelling fire or bomb

joint committee

Is made up of members of the House and Senate and is used to communicate information to the public or for investigations. Ex: Gang of 8 (highest members of Congress whose job is to hold the President accountable)

Bureaucracy

Is responsible for ensuring that the policies and programs enacted by Congress and the executive departments are carried out (considered part of the executive branch). The President uses it to "faithfully execute the law". Ex: Post Office Congress's role: creates objectives for the __________ Presidents role: enforces objectives created by Congress

Solicitor general

Justice Department officer who argues on behalf of the Federal government (if needed). They also suggest cases for the court to review.

Patriot Act (2001)

Law responding to 9/11. Expands anti-terrorist powers (wiretapping, surveillance). Expanded police powers at the federal, state, and local levels to prosecute and convict suspected terrorists.

New Deal Legislation (1933-1939)

Legislation that expanded the role of government in the economy and society. created entities like social security, the securities and exchange commission, and the TVA. these laws also dramatically expanded the role and size of the federal government.

War Powers Act (1973)

Limited president's power to use troops overseas in hostilities, put a time limit on use, and gave Congress final power to withdraw troops. Since 1973, all presidents have declared this act unconstitutional and it has been repeatedly ignored.

27th Amendment

Limits the power of Congress to increase its own salaries

amicus curiae brief

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case. Anyone who wants to influence the decision can send one in.

Voter Turnout

Low in America compared to other western democracies (50-60% for presidential elections; 40-50% for midterms) -influenced by education: the more educated a person is, the more likely they are to vote. -age: older people are more likely to vote than younger -voters are also less likely to vote when they believe one candidate will win the election

26th Amendment

Lowered the voting age from 21 to 18

Shaw v. Reno (1993)

Majority minority districts, created under the Voting Rights act of 1965, may be constitutionally challenged by voters if race is the only factor used in creating the district.

Martin Luther King Jr.'s Letter from a Birmingham Jail

Martin Luther King Jr. wrote this letter from jail during the civil rights movement. He argued in favor of nonviolent resistance in the form of peaceful assembly. He urged African Americans to use non violent resistance to dismantle legal segregation in the South.

McCulloch v. Maryland (1819)

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law.

Majority Leader

Member of the majority party that keeps party members in line and organizes legislation

Majority Whip

Member of the majority party that rounds up votes, checks the pulse of party members, and keeps rank-and-file members in line.

Minority Leader

Member of the minority party that keeps their party members in line and helps determine the minority party's legislative agenda.

Minority Whip

Member of the minority party that rounds up votes, checks the pulse of party members, and keeps rank-and-file members in line.

Miranda v. Arizona (1966)

Miranda had not been informed of his constitutional rights, and therefore confessed to his crimes. Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

Die

Most bills ________ in committee.

pork-barrel legislation

Most bills include this. A Congress member will do something to benefit their home state. They do this to look good for re-election. This can also be done by sending money back to their district, for a project.

Rules Committee

No Bill can be debated in the House without the ____________. They are responsible for determining how long a Bill will be debated and, whether to allow an open or closed rule for amending the Bill. Open rules allow changes to be made to the Bill; closed rules do not .

8th Amendment

No cruel or unusual punishment

Symbolic Speech

Nonverbal forms of speech protected by the 1st amendment, such as wearing armbands, displaying signs, or engaging in acts of symbolic protest such as flag burning.

Bipartisan Campaign Reform Act (2002)

Often known as the McCain-Feingold Bill, this law banned soft money contributions to national political parties and raised hard money limits to $2,000. In a controversial decision in the case of Citizens United v. Federal Election Commission (2010), the Supreme Court struck down several provisions in this law, especially those related to contributions made by corporations to political campaigns.

President

Once a Bill is approved by Congress it must go to the _________ who can Sign and Stamp, Veto, or Pocket Veto. He cannot line item veto.

Redistricting

Once states know how many seats they receive in the House, the state legislatures draw district lines in their state to fill those seats.

trade deficit vs trade surplus

One describes a time when a nation's imports (buys) exceed its exports(sells). The other is when exports exceed imports.

Race/Ethnicity

One factor that influences people's ideological and political attitudes. Ethnic groups who populate the lower income levels tend to be more liberal. Blacks and Hispanics have been more likely than any other Americans to support liberal social programs , for example. One exception though, is Cubans, who tend to be more conservative.

Religion

One factor that influences people's ideological and political attitudes. Jews and African American Protestants are generally the most liberal. Catholics also lean left, although many are conservative on social issues. White Protestants tend to be conservative.

Gender

One factor that influences people's ideological and political attitudes. Women tend to be more liberal than men. They are more likely to vote Democratic, more likely to support social welfare, and less likely to want to increase military spending.

Income level

One factor that influences people's ideological and political attitudes. Americans in higher income brackets tend to be more supportive of liberal goals such as racial and sexual equality. However, they tend to be more fiscally conservative. Poorer Americans are generally more conservative on all issues except those concerning social welfare.

Region

One factor that influences people's ideological and political attitudes. Liberals tend to live in the west coast, east coast, Midwest. Conservatives tend to live in the south and west.

Commander in chief

One of the President's powers is to control the military during war. Checks: - President gets war money from Congress. - Congress must issue a war declaration. - War Powers Act requires President to tell Congress is he is mobilizing troops.

Northwest Ordinance of 1787, 1789

One of the few successes of the Articles of Confederation, providing clear guidelines for the settlement of new territories and a path to statehood. Reaffirmed by Congress under the Constitution in 1789. -Congress has the power to admit new states, with the approval of the President. The state has to meet the qualifications for statehood: appeal to Congress, a sizable population, and a constitution.

Baker v. Carr (1961)

Opened the door to equal protection challenges to redistricting and the development of the "one person, one vote" doctrine by ruling that challenges to redistricting did not raise "political questions" that would keep federal courts from reviewing such challenges. Ruling: The federal government can force states to redistrict every 10 years after the national census.

extradition clause

Part of Article IV of the Constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial.

Hatch Act (1939)

Permitted government employees to vote in government elections but forbade them from participating in partisan politics.

Discharge Petition

Petition that, if signed by majority of the House of Representatives' members, will pry a bill from committee and bring it to the floor for consideration.

Citizens United v. Federal Election Commission (2010)

Political spending is a form of protected speech under the First Amendment, and the government may not keep corporations or unions from spending money to support or denounce individual candidates in elections.

Enumerated powers

Powers given to the national government alone in the Constitution. These powers include... -printing money -regulating interstate and international trade -making treaties and conducting foreign policy -declaring war

Reserved powers

Powers not specifically granted to the federal government, so they belong to the states. These powers include... -the power to issue licenses -the regulation of interstate (within the states) business -the responsibility to run and pay for federal elections

Vice President

President of the Senate, but the system of checks and balances discourages them from interfering too much in Senate affairs. They will break a tied vote in the legislative or executive branch.

25th Amendment

Presidential Succession amendment. President, Vice President, Speaker of the House, President Pro-tempore of Senate, Secretary of State, other cabinet positions by seniority.

political socialization

Process by which personal and other background traits influence one's views about politics and government. Factors: 1. Family 2. Location 3. School 4. Religious institutions 5. Mass media 6. Higher Education

Title IX of Education Act (1972)

Prohibited gender discrimination in federally subsidized education programs.

18th Amendment

Prohibited the manufacture, sale, and distribution of alcoholic beverages in the US in 1920

11th Amendment

Prohibits citizens of one state or foreign country from suing another state.

Americans with Disabilities Act (1990)

Protected all civil liberties of disabled Americans and mandated "reasonable accommodations" to public facility use.

4th Amendment

Protection against Unreasonable Search and Seizure

Civil rights

Protections from discrimination based on race, gender, or any other minority characteristic -Emphasis is on equal protection

Civil liberties

Protections from the abuse of power of the government. -emphasis is on due process

1. Impeachment 2. All revenue bills must originate in the House

Provide two unique powers of the House of Representatives.

1. Holds the impeachment trial. 2. Approves treaties/ presidential appointments

Provide two unique powers of the Senate.

Sherman Anti-trust Act (1890)

Provided Congress with authority to regulate and break up monopolies - or trusts - in the United States. Abused, however, to break up labor unions.

Tinker v. Des Moines(1969)

Public school students have the right to wear black armbands in school to protest the Vietnam War -A school suspended students for wearing black armbands in protest of the Vietnam war. -The court ruled that the students could not be suspended. Symbolic speech is protected by the first amendment, as long as it does not interfere with learning.

Affirmative action

Purpose: to increase minority participation in areas where groups were historically left out of participation. Seek to create special employment opportunities for minorities, women, and other victims of discrimination. -Opponents of it say the program penalizes whites and promotes reverse discrimination.

Brown v. Board of Education (1954)

Race-based school segregation violates the equal protection clause -Supreme Court overturned Plessy v. Ferguson (when they established separate but equal clause for blacks and whites) and declared de jure segregation "inherently unequal"

Fiscal policy

Refers to the government action of either lowering or raising taxes, which results in more or less consumer spending or enacting of government spending programs, such as building highways or hospitals.

Budget Reform Act of 1974

Requires the president to spend all appropriated funds unless he first tells Congress what funds he wishes not to spend and Congress, within forty five days, agrees to delete the items. Created the congressional budget office.

7th Amendment

Right to a jury in civil cases.

2nd Amendment

Right to keep and bear arms

Precedent (stare decisis)

Rule of law established for the first time by a court for a case and thereafter referred to in deciding similar cases. "Let the decision stand". The Supreme Court will let a lower courts decision stand on the case .

Rule of Propinquity

Rule that says those people that are closest to the President wield the greatest influence on his decisions. Ex: JFK took advice from his brother RFK. Donald Trump payed close attention to conservative media.

Engel v. Vitale (1962)

School sponsorship of religious activities violates the establishment clause Constitutional argument: Does the reading of a nondenominational prayer at the start of the school day violate the establishment clause of the 1st amendment? Ruling: The state cannot hold prayer in public schools. The organized prayer violated the establishment clause and breached the constitutional wall of separation between church and state.

Full Faith and Credit Clause

Section of Article IV of the Constitution that says each state must respect every other states laws and institutions. Ex: marriage license and drivers license transfer from state to state

De facto segregation

Segregation resulting from economic or social conditions or personal choice.

The Senate is the higher court, so 67 out of 100 members have to vote to remove the person from office.

Senate holds the impeach trial. Why?

Gramm-Rudman-Hollings Bill (1985)

Set budget reduction targets to balance budget. Failed to eliminate loopholes.

Espionage Act of 1917 and Sedition Act of 1918

Severely curtailed the civil liberties of Americans during wartime and greatly increased the power of the federal government in controlling public activity. The Sedition Act was repealed by Congress in 1921.

New Jesery Plan

Small state proposal at the Constitutional Convention that wanted a unicameral legislature, under which each state would be represented equally.

Discretionary spending

Something that doesn't have a fixed amount that needs to be spent on . Ex: education is a program of ____________ under the Budget enforcement act of 1990

Schneck vs. United States (1919)

Speech creating a "clear and present danger " is not protected by the first amendment Facts: During WW1, the US prosecuted thousands of dissenters. Near the end of the war, Charles Schneck, a socialist, was arrested for handing out leaflets calling on men not to enlist. He was arrested and convicted of violating the Espionage Act of 1917. He appealed to the Supreme Court. Issue: Schneck's attorney argued that the Espionage Act violated the First amendment. Holding: The court ruled that Schneck's conviction was constitutional and that his speech posted a "clear and present danger " to the US.

Obscenity

Speech intended to incite violence. Not protected by the first amendment

10th Amendment

States that when powers are not defined by the Constitution, the states have the reserved power to make their own individual judgments- so as long as they do not infringe on the explicit rules of the Constitution and the federal government. Ex: state issues such as the death penalty, speed limit, drinking age are within the jurisdiction of the stage to decide

Voting Rights Act of 1965

Suspended literacy tests, empowered federal officials to register voters, and prohibited states from changing voting procedures without federal permission. Protects the right to vote regardless of race, sex, etc.

Democrats

Tend to be... -less disposed to spend on defense -less disposed to use vouchers, or other public funds, to enable certain students to attend private: charter/ religious schools -more disposed to spend money to advance social-welfare programs -more disposed to use government money for public education -more disposed to grant tax relief to targeted programs such as the lower and middle classes -against private ownership of firearms

Republicans

Tend to be... -more disposed to spend on defense -more disposed to use vouchers for private or charter schools and to give governmental aid to religious schools -less disposed to spend money on social-welfare programs -less disposed to use government money for public education -more disposed to grant tax relief to everyone, including the wealthy and corporations -less disposed to regulate firearms

Supreme Court Caseload

The # of cases the Supreme Court hears each year is typically from 350-500.

Lemon v. Kurtzman

The 1971 Supreme Court decision that established that aid to church-related schools must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.

Roper v. Simmons

The Court declared that the death penalty was unconstitutional for minors, even if they were charged as adults. If they committed the crime as a minor, death penalty is considered "cruel and unusual punishment" prohibited by the 8th amendment.

House Ways and Means Committee

The House of Representatives committee that, along with the Senate Finance Committee, writes the tax codes, subject to the approval of Congress as a whole.

Pardon/Reprieves

The President can grant forgiveness to someone in jail and clear their record (pardon). The President can also shorten a jail sentence (reprieve). Check: Impeachment

Faithfully execute laws

The President must enforce any laws from Congress. This is a formal power of the President. Checks: Legislation, Judicial Review, impeachment

Appointment of federal judges

The President nominates Supreme Court justices, as well as federal court judges, who are then subject to the approval of the Senate. Checks: Senate must confirm. The public also can protest in disagreement, showing that public opinion will have somewhat of an effect.

Congressional Leaders

The President will take advice from _________. They will discuss the likelihood of passing legislation.

Convene Congress

The President's formal power to bring congress together so he can talk to them. This is where he gives his State of the Union Address. Checks: He needs Congressional leadership to plan this day.

5th Amendment

The Right to Remain Silent/Double Jeopardy, right to due process

McDonald v. Chicago (2010)

The Second Amendment right to keep and bear arms for self-defense is applicable to the states. -There was a gun ban in Chicago. Was the right to bear arms a fundamental right protected by the Constitution and therefore applicable to the states? -The 14th amendment makes the second amendment right applicable to the states.

Lawrence v. Texas (2003)

The Supreme Court struck down a law that criminalized homosexual sex in Texas. It said that any consensual sex is part of the liberty protected by the 14th amendment.

Gibbons v. Ogden (1824)

The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers.

Personal Responsibility and Work Opportunity Reconciliation Act (1996)

The Welfare Reform Act signaled a change in the role of the federal government in the relationship with the states. This law sought to increase the role of personal responsibility in welfare recipients and shifted many responsibilities for welfare provision to state governments.

Slander

The act of damaging someone's reputation by speaking badly about them. Freedom of speech does not protect this .

self-incrimination

The act of implicating oneself in a crime. The 5th amendment protects a person from being compelled to incriminate oneself. -A defendant must be notified of his right to remain silent, and his protection against this at the time of arrest. Established in Miranda v Arizona

Air Quality Act (1967)

The beginning of a series of acts to regulate impacts on the environment

Commerce Clause

The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.brought up in US v Lopez

Atkins v. Virginia

The court ruled that giving the death penalty to mentally disable people is "cruel and unusual punishment" prohibited by the 8th amendment.

U.S. Constitution

The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation.

Gerrymandering

The drawing of district lines to favor the party in power

9th Amendment

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. It means that all not rights listed in the constitution are not ALL of people's rights. There are other rights implied from it that are still protected.

Competitive Service

The government office to which people are appointed on the grounds of merit as ascertained by a written examination or by having met certain selection criteria (such as training, educational attainments, or prior experience). The candidates compete for the job.

Malapportionment

The illegal/ disproportionate drawing of district lines

self-incrimination

The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids this. Commonly known as "pleading the fifth"

Chief of staff

The top aide to the President. He or she is someone who the President trusts, and controls access to the President.

Federal Agency Leaders

These experts provide FACTS to guide Presidential decision making.

Anti-Federalists

They rose up as the opponents of the Constitution during the period of ratification. They opposed the Constitution's powerful centralized government, arguing that the Constitution gave too much political, economic, and military control. They instead advocated a decentralized governmental structure that granted most power to the states. -George Mason and Patrick Henry

Single-issue parties

Third parties formed to promote one principle. Ex: environmental issues, abolition, suffrage.

doctrinal parties

Third party formed to represent an ideology considered too radical by mainstream parties.

Pendleton Act of 1883

This act eliminated the Spoils System (where President appointed people who were loyal to him; his friends). Instead, this act created the merit system, where a person gets their job based on qualifications. Also called civil service.

23rd Amendment

This amendment allowed residents of Washington DC to vote in presidential elections, bringing the total national electoral count to 538.

Receive ambassadors

This is a formal power of the President. The President can have ambassadors come to the White House or can have a phone call to build relationships with foreign countries. They handle foreign policy. Checks: Congressional sanctions- conversations are monitored.

Motor Voter Act (National Voter Registration Act of 1993)

This law allowed people to register to vote when applying for a drivers license, encouraging states to increase voter registration efforts.

Immigration Act (1924)

This law stringently limited the number of immigrants admitted into the United States and set strict quotas for entry.

Speaker of the House

This person is chosen by the majority party and considered the most powerful members of Congress since they control all activity on the House floor. -they determine which bills are reviewed and no Bill can be debated without their approval -they determine which members of Congress can serve on committees

News Media

This provides voters with daily campaign information during the election. They concentrarte on the candidates' sanding in the polls, or the horse race aspect of the election.

independent candidate

This type of candidate runs in an election without party affiliation, they are NOT a third party.

Libertarians

Those who are opposed to using government to promote either order or equality. They are part of the Republican Party, and blend with religious conservatives who want government to play a greater role in enforcing public morality.

Lemon Test

Three-part test created by the Supreme Court for examining the constitutionality of religious establishment issues. It says... 1. All laws must be secular (non religious) 2. Laws cannot promote nor hinder religion. 3. No public money (taxes) can be used for religious events.

Oversight

Through the use of committees and subcommittees, Congress is tasked with making sure that federal agencies and the executive branch are carrying out their responsibilities legally and appropriately. This may include the use of subpoena power to require witnesses to testify. (One of the non legislative tasks of Congress)

"hard" money vs. "soft" money

Tightly regulated contributions to specific candidates vs unregulated, unlimited contributions to policial parties or campaigns.

Civil Rights Act or Fair Housing Act (1968)

Title II banned discrimination in public places on the basis of race, color, national origin, or religion. title VII prohibited employment discrimination based on gender.

Declare war, lay and collect taxes, raise and support the army, regulate trade (commerce), coin money, create immigration laws

What are 6 powers of Congress?

1. Checks and balances in a large government 2. Clear and separate powers for different parts of the government 3. Allows states to try out new policies the federal government can then adopt (creative federalism) 4. Makes sure neither the states nor the fed gets too powerful

What are some advantages of federalism ?

2/3

What fraction of Congress (both chambers) is needed to propose/ approve an amendment at a constitutional convention?

3/4

What fraction of Congress (both chambers) is needed to propose/approve an amendment?

Lobbying

When interest groups try to influence legislators, we say they are _________ for a Bill or issue.

Intensity

When the ________ of a group's opinion is high, that group can wield political influence far beyond their numbers.

policy fragmentation

Where many pieces of legislation deal with parts of policy problems but never deal with the entire problem. One obstacle to policy making

President ; Senate

Who appoints all federal judges? Who approves all federal judges?

Because the Bill (that will become a law) will directly affect the people.

Why must all Bills originate in the House of Representatives?

Electoral College

a body of people representing the states of the US, who formally cast votes for the election of the president and vice president.

Ideology

a coherent set of thoughts and beliefs about politics and government. The most common in the US are conservative, liberal, and moderate (or independent).

Majority opinion

a court opinion reflecting the views of the majority of the judges

Unfunded mandate

a federal order mandating that states operate and pay for a program created at the national level. If they don't do it, they will be in bad standing with the federal government and will not get their block grants.

Interstate Commerce Commission

a former independent federal agency that supervised and set rates for carriers that transported goods and people between states

Dealignment

a general decline in party identification and loyalty in the electorate. People no longer consider themselves Democrat or Republican. This is seen more today as more voters identify themselves as independent, instead of democratic or Republican.

Coalition

a group of individuals with a common interest on which every political party depends. This group is depended on because it attracts a group of voters.

Grand jury

a jury, normally of twenty-three jurors, selected to examine the validity of an accusation before trial. They determine if the trial should occur.

Exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial. 4th amendment

Ways and Means Committee

a permanent committee of the United States House of Representatives that makes recommendations to the House on all bills that would raise revenue

two-party (bipartisan) system

a political system consisting chiefly of two major parties, more or less equal in strength. The US has two political parties: Democrats and Republicans. It is reinforced by the nation's electoral system.

Blanket primary

a primary election in which each voter may vote for candidates from both parties

Closed primary

a primary election in which voting is limited to already registered party members

PACs (Political Action Committees)

a private group that raises and distributes funds for use in election campaigns

Participatory Democracy

a system of democracy in which all members of a group or community participate collectively in making major decisions

pluralist democracy

a theory of democracy that implies group-based activism by citizens with common interests all striving for the same political goals

Judicial restraint

a theory of judicial interpretation that encourages judges to limit the exercise of their own power by interpreting the constitution word for word, and being strict.

13th amendment

abolished slavery. Was a direct result of the Union victory in the civil war

Marble Cake Federalism

also known as cooperative federalism, it developed during the New Deal and is characterized by the federal government's becoming more intrusive in what was traditionally states' powers. Federal and state powers overlap

Executive agreement

an agreement between the president and the leader of another country. One of the President's formal powers. Checks: Legislation (Senate Can issue a formal treaty between the countries) , judicial Review, impeachment

Pleas bargain

an arrangement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in the expectation of leniency. But because of no self-incrimination (5th amendment) no one can be forced to plead guilty in court.

presidential election

an election held every four years on even-numbered years. It is on the first Tuesday after the first Monday of November

primary election

an election held to choose candidates for office

line-item veto

an executive's ability to block a particular part in a bill passed by the legislature; The President cannot do this to a Bill as of 1996.

Environmental Protection Agency (EPA)

an independent federal agency established to coordinate programs aimed at reducing pollution and protecting the environment. One of its first responsibilities was to enforce the 1970 Clean Air Act, which was meant to reduce pollution.

Midterm elections

congressional elections that do not coincide with a presidential election; also called off-year elections

Substantive due process

deals with the question of whether laws are fair. Fairness is determined by looking at the Constitution, specifically the Bill of Rights and 14th amendment.

due process of law

denies the government the right, without due process, to deprive people of life, liberty, and property

Third parties

electoral contenders other than the two major parties. American ________ are not unusual, but they rarely win elections.

Budget and Impoundment Act (1974)

established congressional budget committees and the Congressional Budget Office, as well as gave Congress the power to prevent the president from refusing to fund congressional initiatives (known as impoundment).

Due process

fair treatment through the normal judicial system, especially as a citizen's entitlement.

Judicial Oversight

federal courts can use their power of judicial review to determine whether an act taken by a department was unconstitutional

Block grants

federal grants-in-aid that allow states to decide how they will spend that money. The states' favorite type of grants.

Social security

federal program of disability and retirement benefits that covers most working people

15th amendment

gave African American men the right to vote

equality of opportunity

giving people an equal chance to succeed

Prior Restraint

government censorship of free expression by preventing publication of speech before it takes place

social welfare programs

government programs that provide the minimum living standards necessary for all citizens. Liberals believe the government has an obligation to provide these, while conservatives believe they are encroachments on individuals liberties and responsibilities.

Public opinion

how people think or feel about particular things

public opinion polls

interviews or surveys with samples of citizens that are used to estimate the feelings and beliefs of the entire population

Justiciability

legal term indicating that an issue or dispute is a legitimate constitutional argument subject to judicial resolution. The court can only hear cases that involve legal, constitutional issues. It will not hear, for example, a case for a political dispute between a Republican and Democrat.

Standing

legitimate justification for bringing a civil case to court. The person bringing the case to court must have a good reason. Not liking the law they broke would not be a good reason.

Equality of result

making certain that people achieve the same success

grants-in-aid

money awarded to the states by the federal government. The money is used for programs after hurricane, earthquakes, tornadoes.

horse race journalism

news coverage that focuses on who is ahead rather than on the issues

Interest groups

organizations dedicated to a particular political goal or to a set of unified goals. They seek to influence public policy. Groups often share a common bond, either religious (Christian Coalition), racial (National Association for the Advancement of Colored People), or professional (American Medical Association). Ralph Nader is the face of _______ because he created the first one.

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

splinter/bolter parties

parties that broke off of a larger existing party due to an ideology differing from that of party leaders. They usually unite around a feeling that the major parties are not responding to. Ex: Reform Party broke away from Republicans

Super PACs

political organizations that use contributions from individuals, corporations, and labor unions to spend unlimited sums independent from the campaigns, yet influencing the outcomes of elections. Generally influenced by the ultra rich.

Concurrent powers

powers that are shared by both the federal and state governments. These include... -the power to collect taxes -the power to build roads -the power to operate courts of law -the power to borrow money

President Pro Tempore

presiding officer of Senate who serves when the vice president is absent. This person is considered honorary more than powerful.

Privileges and Immunities Clause

prevents a state from treating citizens of other states in a discriminatory manner. Article IV of the Constitution

equal justice under the law

principle that every citizen is treated equally and fairly in the judicial system. For example, whenever jurors hear a criminal case, they are instructed not to privilege the testimony of a police officer over that of a defendant.

Campaign Advertisements

provide a more controlled look at candidates, through which they can attempt to build a positive image with the public and try to belittle their opponents through negative advertising.

Probable cause

reasonable cause for issuing a search warrant or making an arrest; more than mere suspicion. Stated in the 4th amendment

Issue-attention cycle

requires policy makers to act quickly, before the public becomes bored and loses interest

de jure segregation

segregation by law

neccessary and proper clause/elastic clause

the "implied powers" clause located in Article I, Section 8, Clause 18 of the Constitution. It states that aside from the enumerated powers given to the federal government, it also has the power to pass any law that can be traced back to those powers "delegated" in the Constitution.

appelate jurisdiction

the authority of a court to hear a case appealed from a lower court

Executive Branch

the branch of government that carries out laws and is led by the President

Judicial Branch

the branch of government that interprets laws

Legislative Branch

the branch of government that makes the laws (Congress)

3/5 Compromise

the decision at the Constitutional convention to count slaves as 3/5 of a person for the purpose of deciding the population and determining how many seats each state would have in Congress

Saliency

the degree to which an issue is important to a particular individual or group. Ex: social security is an issue with high ______ for senior citizens

Separation of Powers

the division of power among the legislative, executive, and judicial branches of government. Each has their own unique powers.

Funded mandate

the federal government requires the state to complete something, and once they do, they receive money

original jurisdiction

the power of a court to hear a case first, before any other court

presumption of innocence

the right of a person accused of a crime to be presumed innocent until proven guilty

Secretary of Defense

title of person who runs the Pentagon & US military

Influence peddling

using personal friendships and inside information to get political advantage

Split ticket voting

voting for a presidential candidate of one party and legislators of the other. -Leads to divided government, when one party controls the Senate or House or both and the other controls the White House. -Also encourages party dealignment because voters do not align with their parties as uniformly as they once did.

George Mason

was an Anti-Federalist who strongly opposed the ratification of the Constitution. He wrote the Virginia Declaration of Rights, which is the first Bill of Rights in the Colonies. He used Lockean ideas in it.

Trade deficits

when imports exceed exports; cause wealth to flow from a nation

John Locke

wrote Two Treatises of Government, where he argued that life, liberty, and property were the natural rights granted by god (Natural rights Philosophy). He said it was the duty of the government to respect and protect these rights. If the government did not obey this social contract, the citizens have the right of revolution.