American Government
Presidential Mandate
is a national policy such as health care reform that is driven by the president. Significance: President can win favor of voters in a presidential mandate. Obama on healthcare reform favored by majority of Americans.
Primary Elections
is an initial election where nominees or delegates are chosen.
Power of Purse
is the ability of Congress or any other legislative body to control what the other two branches of government do by appropriating or not appropriating budget funds to the other branches. Significance- Congress can control whether or not to meet budgets for any legal action a President wants to take, for example, (deploy troops without a military budget).
Free Riders Problem
refers to when someone benefits from resources, goods, or services without paying for the cost of benefit. Ex. Welfare System. Significance: people can take advantage, might be able to get ahead by using you
Interest Groups
organization of people with shared policy goals entering the policy process at several points to try to achieve those goals. Significance: these groups can influence pubic policy
Writ of Certiorari
A decision by the Supreme Court to hear an appeal from a lower court. Significance: allows a person to petition for a trial with the Supreme Court. This can impact their conviction and might overturn the decision made by lower courts.
Sherbert v. Verner
A member of the Seventh Day Adventist Church was fired by her employer because she refused to work on Saturday, her faith Sabbath. After failing in her attempts to get another job, she filed for unemployment compensation benefits. These were denied because the South Carolina Employment Security Commission found that her reason for refusing to accept suitable work was not compelling. The woman claimed that she was denied her right to freely exercise her religion was rejected by the lower courts. The supreme court ruled that denying Sherbert's claim was an unconstitutional burden on the free exercise of her religion. Significance: forced states to recognize the unique requirements of various faith traditions.
Open Rule
A rule is obtained when a member of the committee that had jurisdiction over the bill goes before the House Rules Committee to request a rule to accompany the bill. > Any member can offer an ammendment
Closed Rule
A rule is obtained when a member of the committee that had jurisdiction over the bill goes before the House Rules Committee to request a rule to accompany the bill> The bill can not be amended
Executive Agrreement
Agreement made between the executive branch of the US gov't and a foreign agreement without ratification by the senate. Significance: Agreements are instituted quickly setting up deals with other countries with limited intererence from other politicians.
United States Vs. Lee
Amish employer sued after he asked to pay social security taxes of his employees. Lee argued that the requirement to pay Social Security taxes infringed upon his right to the free exercise of his religion. Supreme court held that tax imposed on employers to support the social security system must be uniformly applicable to all, except if the United States Congress explicitly provides otherwise. Significance: As long as the government can demonstrate a compelling interest, it could be permissible for it to create a limitation on religious liberty:
Filibuster
Any block or delay Senate action on a bill or other matter by debating it at length. Significance: Gives Senate power to postpone any matters for as long as they can set precedent for cloture.
City of Boerne v. Flores
Archbishop Flores wanted a permit which the state denied him to expand his church. He filed suit under based on a presumed violation of the RFRA. Archbishop Flores argued that the city of Boerne, through its zoning laws, was illegally interfering with the practices of a religious institution and thereby substantially burdening its constitutionally protected free exercise of religion. The federal district court ruled in favor of the city of Boerne and concluded that the RFRA was unconstitutional. The 5th Circuit Court of Appeals, however, disagreed. It upheld the RFRA as constitutional and reversed the lower court's decision. So the case went to the U.S. Supreme Court for resolution. They ruled in favor of the city of Boerne. Said that Congress went beyond its constitutionally sanctioned power by attempting to substantially interpret the Constitution through legislation. Thus, Congress illegally obtained a power belonging exclusively to the federal courts under the Constitution. Congress had unconstitutionally infringed upon the authority of state governments to regulate the health, safety, or general welfare of their citizens. Significance: Challenged the Religious Freedom Restoration Act. It showed the power that the Supreme Court had from judicial review.The Supreme Court clearly has the conclusive power to say what the Constitution means and what it does not mean.
Appellate Jurisdiction
Courts that hear appeals from the decision of original jurisdiction. Example would be the Federal Court of Appeals or Supreme Court although it could have limited original jurisdiction.
Congressional Committee
Decide on which bills and resolutions move forward to consideration by House or Senate as whole Significance: this is where the majority if legislation is written
Agenda Setting
Determining what social and economic problems are most important, then prioritizing them and creating political issues Significance: places a limitation on information a person has about other important issues . Example: Media covers news about Justin Bieber instead of "real" news like unfair interest rates on student loans.
Electoral Redistricting
Each state is divided up into sections, each section is represented in the level of state gov't. Major population shift and section may be under or over-represented in the legislation. Significance: Redefines boundaries of the sections in order to reflect the population shifts.
Reynolds Vs. Utah
George Reynolds was a member of The Church of Jesus Christ of Latter-day Saints, charged with bigamy under the Morrill Anti-Bigamy Act after marrying Amelia Jane Schofield while still married to Mary Ann Tuddenham in Utah Territory. Supreme court ruled in favor of Utah, the First Amendment protected religious belief, but it did not protect religious practices that were judged to be criminal such as bigamy. Those who practice polygamy could no more be exempt from the law than those who may wish to practice human sacrifice as part of their religious belief. Significance: Religious duty was not a suitable defense to a criminal indictment
Goldman Vs. Weinberger
Goldman was a Jewish Air Force officer was denied the right to wear a yarmulke on the grounds that the Free Exercise Clause applies less strictly to the military than to ordinary citizens. Supreme court ruled in favor of the military. Significance:The objectives of the military allow it to restrict the religious rights of individuals in the interest of cohesiveness. The military is left to make the final decision of whether such regulations are necessary.
Impeachment
If a federal official commits a crime or otherwise acts improperly, the House of Representatives may impeach—formally charge—that official. If the official subsequently is convicted in a Senate impeachment trial, he is removed from office. Significance: Federal official can be thrown out of his position. He or she does not have ultimate power over their position.
O'Lone Vs. Shabazz
In this case, a group of Muslim prison inmates brought a suit against New Jersey prison officials challenging the constitutionality of prison policies that made it impossible for the inmates to attend Friday afternoon religious services. The policies forced inmates to work outside on Fridays, which interfered with their ability to attend services during the day. The Court held that the challenged policies were reasonably related to legitimate penological interests, and therefore did not violate the Free Exercise Clause. The Court accepted the state's argument that the policies helped to ease overcrowding in the prison building, which aided in maintaining order and security. Further, the Court found that the policies left open adequate alternative means of exercising their rights. According to the Court, the alternative means must only allow inmates some way of exercising their religious rights, which does not necessarily mean exercising them in the exact manner the inmate prefers. The Supreme Court ruled in favor of the prison authorities. Significance: set precedent for law passed in 2000 that made it more difficult for the government to justify burdens on prisoner's religious rights- RLUIPA
Cantwell Vs. Connecticut
Jesse Cantwell, a Jehovah Witness, was arrested for solicitation without permit and for inciting a breach of peace. Supreme court overturned lower court rulings and determined it was a violation of the 1st amendment and found the state's permit law unconstitutional because gov't can decide what is considered religious. Significance: Court incorporated 1st amendment's free exercise of state. Federal and state gov'ts could not take away the right to exercise religion without state interest.
Framing
Media provides a focus and environment for reporting a story, influencing how audiences will understand or evaluate it. Significance: set a frame on how it is interpreted to audiences.
Priming
Media provides context for public discussion of an issue, setting the stage for audience understanding. Ex. Media reporting may be very strong leading up to events > Olympics or Superbowl Significance: make audience receptive and alert about certain themes
Appropriations
Money that Congress approves for various different government projects. Significance Congress can give $10 million approved budget to support troops in Iraq.
Cloture
Only procedure by which the Senate can vote to place a time limit an consideration of a bill, overcoming a filibuster (delay). Need vote of 3/4 of the full Senate. Significance: the threshold for passage of a bill can be raised from 51 to 61 votes, ending a filibuster.
Advice and Consent
Presidential nominations for executive and judicial posts take effect only when confirmed by the senate and international treaties become effective only when Senate approves them by 2/3 vote Significance: Senate has power over Presidential power of appointment and treaty-making. President cant approve an extremist.
RFRA
Religious Freedom Restoration Act. was law that protect religious individuals and organizations against government interference with the practice of their faith. Significance: lead to further new provisions in the Religious Land Use and Institutionalized Persons Act and also reinstated the Sherbert test. For the individual, the court must determine whether the person has a claim involving a sincere religious belief, and whether the government action is a substantial burden on the person's ability to act on that belief. If these two elements are established, then the government must prove that it is acting in furtherance of a "compelling state interest," and that it has pursued that interest in the manner least restrictive, or least burdensome, to religion.
RLUIPA
Religious Land Use and Institutionalized Persons Act is a United States federal law that prohibits the imposition of burdens on the ability of prisoners to worship as they please and gives churches and other religious institutions a way to avoid burdensome zoning law restrictions on their property use.
RLPA
Religious Liberty Protection Act. In 1998 legislation was proposed in Congress that would have provided additional protection for religious activity that is governed by federal, local and state governments, even if the law was a neutral means of regulating and activity. The new law would have created a loophole for discrimination by allowing individuals to challenge the rights granted in the Civil Rights Act of 1964, using religious beliefs as a defense to further discrimination.
Conference Committee
Temporary panel composed of House and Senate which is formed for the purpose of reconciling differences in legislation that has passed in both house and senate. Significance: Solves bicameral difference on major and controversial legislation. Settles differences in 2 bills then sends the final bill to both houses.
Griswald Vs. Connecticut
The Supreme Court ruled that a state's ban on the use of contraceptives violated the right to marital privacy. The case concerned a Connecticut law that criminalized the encouragement or use of birth control. Estelle Griswold, the executive director of Planned Parenthood League of Connecticut, and Dr. C. Lee Buxton, doctor and professor at Yale Medical School, were arrested and found guilty as accessories to providing illegal contraception. They were fined $100 each. Griswold and Buxton appealed to the Supreme Court of Errors of Connecticut, claiming that the law violated the U.S. Constitution. The Connecticut court upheld the conviction, and Griswold and Buxton appealed to the U.S. Supreme Court, which reviewed the case in 1965. The Supreme Court, in a 7-2 decision, ruled that the law violated the "right to marital privacy" and could not be enforced against married people. They contended that in the "spirit" of the First Amendment (free speech), Third Amendment (prohibition on the forced quartering of troops), Fourth Amendment (freedom from searches and seizures), Fifth Amendment (freedom from self-incrimination), and Ninth Amendment (other rights), as applied against the states by the Fourteenth Amendment, creates a general "right to privacy" that cannot be broken. Significance: Constitution protects the right to privacy
Standing to Sue
The federal law doctrine that focuses on whether a prospective plaintiff can show that some personal legal interest has been invaded by the defendant. Significance: One may challenge a law or policy on constitutional grounds if he can show that enforcement of the law or implementation of the policy infringes on an individual constitutional right, such as Freedom of Speech.
Inherent Power
The power of a sovereign state. not necessarily written in the constitution. Significance: They include the power to control the country's borders, to give or refuse diplomatic recognition to other countries, to acquire new territories for national expansion, and to defend the government from revolutions.
Retrospective Voting
The process by which people choose either to reelect candidates who they feel have made efforts to pass policies that have benefited them or to support opposing candidates who will pass policies that they feel they are lacking
Wisconsin v. Yoder
Three Amish families sued the state of Wisconsin over its requirement that children be enrolled in school until the age of sixteen. The parents refused to comply by removing their children from school after they completed the eighth grade and were convicted of violating the law. The families claimed that their rights to freely exercising their religion were not being respected. The Wisconsin Supreme Court found in favor of the Amish parents. Significance: The Court's decision prevented states from asserting an absolute right to institute compulsive high school education.
Original Jurisdiction
Trial court where case is first heard. Example would be Federal District Courts. Significance: In Marbury Vs. Madison, Section 13 of the Judiciary Act gave the Supreme Court a new area of original jurisdiction not part of the Constitution. It gave them the power to issue a writ of mandamus- an order served on a gov't official to perform a duty that he is legally obligated to perform but is not performing.
Employment Division Department of Human Resource of Oregon vs. Smith
Two Native Americans were fired from their jobs because they took peyote (drug) for sacramental purposes. They were denied unemployment compensation on the grounds that their dismissal was work-related misconduct. Supreme court favored Oregon and did not violate the free exercise clause- did not elevate one religion over another. Oregon's ban on peyote was part of the state's general controlled substances law. Significance: State has power to approve illegal drugs used for religious purposes and set precedent that unemployment benefits as a state issue not federal.
Gerrymandering
U.S. politics. the dividing of a state, county, etc., into election districts so as to give one political party a majority in many districts while concentrating the voting strength of the other party into as few districts as possible. Significance: Gives one party an unfair advantage over the other
Public Opinion
Views prevalent among general public. Significance: It sets a stance on big and small issues.
Prospective Voting
Voting with a future in mind. Significance: People vote for the candidates that they believe will do the most to help the country in the next few years.
Judicial Review
Was established after Marbury Vs. Madison. The power of courts of law to review the actions of the executive and legislative branches. Significance: Supreme Court can review case and deem the decision either constitutional or unconstitutional and therefore overturn any decision by state courts.
Party Identification
Which political party you identify yourself with
Marbury Vs. Madison
William Marbury was appointed Chief of Justice under John Adam's presidency but did not obtain his position because Jefferson told Madison not to go through with his paperwork. He petitioned to the Supreme Court to deliver a writ of mandamus. The Court decided that Marbury's request for a writ of mandamus was based on a law passed by Congress that the Court held to be unconstitutional. The Court decided unanimously that the federal law contradicted the Constitution, and since the Constitution is the Supreme Law of the Land, it must reign supreme. Significance: established the power of judicial review: the power of the Court not only to interpret the constitutionality of a law or statute but also to carry out the process and enforce its decision.
Partisan Realignment
a major shift in the political identification of voters. Ex. New Deal, Civil Rights Movement, etc. Significance: has great influence on voters. Going back to the New Deal for example, while FDR was in the White House, it was easy to argue that voters weren't voting for a Democrat, they were voting for FDR. After he left the White House, and voters continued to vote for Democrats because they were the party of FDR, it was clear that the New Deal had created a partisan realignment and ended 60 years of Republican dominance.
Delegated powers
aka "enumerated powers", powers that are clearly spelled out in the constitution. Powers of the Federal Government. Powers to declare war or raise taxes. Significance: Gives much power to Federal Government.
Incumbency Advantages
are there because you already know what your are getting when you vote for them. If a politician has convinced the people that he serves, the work he is doing is good for them, it is likely that they will win the election because they have no idea what the other person is capable of doing for. Example: Reelection of Barack Obama had incumbency advantage. Significance: Those running again 1. the presidents are already known in the political spectrum 2. they have rather no trouble running and funding their campaigns and 3. they have safe seats due to their experience and sometimes district advantage due to their parties control over a certain area that favors their political party.
Free Exercise Clause
in the 1st amendment, prohibits Congress from making any law prohibiting the free exercise of religion Significance: you have the right to chose any religion and be protected by the Constitution.
Pocketbook Voting
system of voting sees that the voters cast their votes based on the individual best suitable to help their personal economic situation. Significance: affects party identification because you are not voting as a republican, democrat, or liberal but on your own financial situation
Veto
the power or right of one branch of a government to cancel or postpone the decisions, enactments, etc., of another branch Significance: President can veto law passed in Congress and Congress can veto president's veto if 2/3 vote in both house and senate.
Gender Gap
the systematic differences in the outcomes that men and women achieve in the labor market. Men earning more than women for the same work. Women becoming more involved in work force than in the 1940s. Significance: Many want to change the problems associated with gender. "Equal pay for equal work."
War Powers Resolution
this provides that the President can send U.S. armed forces into action abroad only by declaration of war by Congress or in case of a national emergency created by attack upon the United States, its territories or possessions, or its armed forces. It requires the President to notify Congress within 48 hours of committing armed forces to military action and forbids armed forces from remaining for more than 60 days, with a further 30 day withdrawal period, without an authorization of the use of military force or a declaration of war. Significance: Congress has power on president's military action
Executive Order
treaties by president that does not need approval from Senate Significance: President can use them to set policy while avoiding public debate and opposition.