GOVT 3205 TERMS 1

Federalist 51

"The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments", is an essay by James Madison, the fifty-first of The Federalist Papers.

unicameral legistlature

a single legislative chamber

cluture

(in a legislative assembly) a procedure for ending a debate and taking a vote.

anarchy

a state of lawlessness or political disorder due to the absence of governmental authority

Shay's Rebellion

1786-1787- a rebellion in which an army of 1,500 disgruntled and angry farmers led by Daniel Shays marched to Springfield, Massachusetts, and forcibly restrained the state court from foreclosing mortgages on their farms

bill of ex post facto

A law that makes illegal an act that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier. The Constitution prohibits the making of ex post facto law.

Habeas Corpus

A writ of habeas corpus (which literally means to "produce the body") is a court order demanding that a public official (such as a warden) deliver an imprisoned individual to the court and show a valid reason for that person's detention.

Virginia Plan

a proposed framework for the Constitution favoring large states; called for a bicameral legislature, which would appoint executive and judicial officers

Pocket Veto

If Congress adjourns during the 10 days that the president has to consider a bill passed by both chambers of Congress, the bill is considered vetoed without the president's signature. However, if Congress is in session during that time, the bill passes without the President sign it. Importance: KILL BILL if the timing is right.

reserved powers

In the U.S. Constitution, certain specific powers are granted to the federal government. The Constitution reserves all other powers to the states. These are known as "reserved powers." The reserved powers clause is not found in the body of the Constitution itself, but is part of the Tenth Amendment.

pardon

It allows for the president to forgive people for any federal crime and restore all rights. Importance: allows for the executive to check on actions from the judiciary.

Supremacy clause

It states that the national (federal) government is always stronger and above any state government. I: It made the central government stronger than any state government

Federalist 10

James Madison introduced the concepts of factions, which are small groups of people that have a shared interest and try to influence government. He believed that factions were detrimental to democracies and that they should not exist. So, he proposed to solutions: a. remove factions (Can't do this because, the government will be removing freedom of speech and liberty). b. control the effects: this can be done by having many interest groups competing with each other so that no one is stronger than the others and by having a republic that allows for the government to be closer to its citizens. The importance of Federalist 10: allowed for freedom of speech to occur.

oligarchy

a form of govt in which the right to participate depends on the possession of wealth, social status, military power, or achievement

republic

a govt rooted in the consent of the governed; a representative or indirect democracy

full faith and credit clause

Section of Article IV of the constitution that ensures judicial decrees and contracts made in one sate will be finding and enforceable in any other state

democracy

a system of govt that gives power to the people, whether directly or through elected representatives

Confederation

type of govt in which the national govt derives its powers from the states; a league of independent states

New Jersey Plan

a proposed framework for the Constitution; proposed by small states; called for a one-house legislature with one vote for each state, a Congress with the ability to raise revenue, and a Supreme Court appointed for life

parliament

a legislative body in which citizens elect public officials to make laws and elect the main person in the executive (Prime Minister). I: less separation of powers given that the primer minister may be loyal to the Parliament and the majority in it.

Congress

a legislative body in which citizens elect public officials to make laws but not elect the main person in the executive (President). I: allows for citizens to have a greater say in government and we have more separation of powers.

checks and balances

a constitutionally mandated structure that gives each of the three govt branches some degree of oversight and control over the actions of the others

Executive Order

a creation, modification of a law or public policy, without the approval of Congress. Ex. DACA, travel ban. Importance:no congressional approval is needed however, the Supreme court may remove, modify or just check on this executive order.

Constitution

a document establishing the structure, functions, and limitations of a government

direct democracy

a form of democracy in which people decide on policy initiatives directly. This differs from the majority of currently established democracies, which are representative democracies.

representative democracy

a system where citizens of a country vote for government representatives to handle legislation and ruling the country on their behalf.

bicameral legislature

a two-house legislature

Separation of Powers

a way of dividing govt power between the legislative, executive, and judicial branches, each staffed separately, with equality and independence of each branch ensured by the Constitution

state of the union address

allows the President to communicate with Congress and his citizens about the current state of the country as well as the issues that he sees as important. I: The President may communicate with citizens.

Amnesty

allows the President to pardon (forgive) at least 20 000 citizens at the same time for a federal crime committed. I: this is a check on the judiciary

filibuster

an action such as a prolonged speech that obstructs progress in a legislative assembly while not technically contravening the required procedures.

12th amendment

an amendment to the U.S. Constitution, ratified in 1804, providing for election of the president and vice president by the electoral college: should there be no majority vote for one person, the House of Representatives (one vote per state) chooses the president and the Senate the vice president.

17th amendment

an amendment to the U.S. Constitution, ratified in 1804, providing for election of the president and vice president by the electoral college: should there be no majority vote for one person, the House of Representatives (one vote per state) chooses the president and the Senate the vice president.

majestic vagueness

term used to describe the style of writing of the U.S. Constitution. importance: allows for interpretation throughout years as times change.

social contract

belief that govts. exist based on the consent of the governed

Articles of Confederation

compact between the 13 original colonies that created a loose league of friendship, with the national govt drawing its powers from the states

Marble Cake Model

cooperative federalism; the intertwined relationship between national, state, and local govts that began with the New Deal

federalism

distribution of Constitutional authority between state govts. and the national govt, which different powers and functions exercised by both

legal constitutionalism

doctrine that a government's authority is determined by a body of laws or constitution

Layer Cake Model

dual federalism; the belief that having separate but equally powerful levels of govt is the best arrangement

expressed powers

enumerated powers; The term "expressed powers" refers to the powers that the Constitution, quite literally, expresses for the different branches of government.

dictatorship

form of government in which one person or a small group possesses absolute power without effective constitutional limitations

monarchy

form of govt in which power is vested in hereditary kings and queens who govern the entire society

government

formal vehicle through which policies are made and affairs of state are conducted

franking privilege

franking privilege: allows for incumbent congressmen to send letter and publicity to their constituents free of charge by replacing the stamp with their signature. importance: helps incumbent to get re-elected

12th Amendment

it establishes the Electoral College. Electors meet in their state and vote for president. It also establishes the procedures for electing the President and vice-presidents in case there is a tie in the electoral college. Importance: allows for small state to have a bigger say in the election of a president and establishes the electoral college.

25th amendment

proposed by Congress and ratified by the states in the aftermath of the assassination of President John F. Kennedy, provides the procedures for replacing the president or vice president in the event of death, removal, resignation, or incapacitation.

indirect democracy

representative democracy; is where citizens choose others to represent them, making important decisions on their behalf.

judicial review

review by the US Supreme Court of the constitutional validity of a legislative act

faction

small organized dissenting group within a larger one, especially in politics

gerrymandering

the act of re-drawing congressional districts regardless of size and shape to benefit a specific group of people or a political party. I: this is against the law and is a negative outcome that comes from re-districting.

Great Compromise

the final decision of the United States Constitutional Convention to create a two-house legislation, with the lower house elected by the people and powers divided between the two houses; made national law supreme

necessary and proper clause

the final paragraph of Article I, section 8, of the Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution; also called the "elastic clause"

Cabinet

the formal body of presidential advisers who lead the executive 15 executive departments. Importance: the president is able to appoint his own cabinet. He appoints people that he trusts.

bill of attainder

the government may not pass a law for a specific group of citizens or a person. Importance: protects minorities from discrimination from the government

implied powers

the powers of the national govt. derived from the enumerated powers and the necessary and proper clause

War Powers Resolution Act

the president may send troops abroad for 60 days with a 30 day extension without Congressional approval. He needs to inform Congress of his actions within 2 days. Importance: It allows the president to act in a time of crisis, but it is too much power for one person.

redistricting

the process by which new congressional and state legislative district boundaries are drawn. All United States Representatives and state legislators are elected from political divisions called districts. District lines are redrawn every 10 years following completion of the United States census.

Executive Privilege

the right for the president to keep any communication in secret. Importance: it protects national security, allows for corruption and only the Supreme Court may remove it.

politics

the study of who gets what, when, and how- or how policy decisions are made

substantive representation

the tendency of elected legislators to advocate on behalf of certain groups

impeachment

the trial to remove a president from office. The impeachment charges are brought up by the House of Representatives and the trial occurs in the Senate where the Chief Justice Presides. A 2/3 required Senate vote is needed in order to impeach someone from office. Importance: it allows us to remove the president.