AP GOV MIDTERM REVIEW

Federalism

A system in which power is divided between the national and state governments

necessary and proper clause

Article I, Section 8- implied powers, Congress has the right to make all laws necessary and proper to carry out its powers

supremacy clause

Article VI- national laws and treaties supreme over state laws when the national government is acting within its constitutional limits

Rule of four

At least four justices of the Supreme Court must vote to consider a case before it can be heard

Writ of Habeas Corpus

Cannot be imprisoned/charged without evidence

Constitution Article 4

Relationship among the states (things they owe each other)- full faith and credit, extradition, privileges and immunities

Amendment 2

Right to bear arms

Judicial review

SC can overturn executive orders and laws when they are unconstitutional

Ex-Post Facto

You cannot be punished for a crime that was legal when committed

Pendleton Civil Service Act

an Act that created a federal civil service so that hiring and promotion would be based on merit rather than patronage (must be qualified for the job), exam

Bargaining and persuasion

an informal tool used by the president to persuade members of Congress to support his or her policy initiatives

Brutus No. 1

antifederalist- lays out complaints about Constitution 1. country is too big to represent north and south 2. federal government can tax which overburden people - too much power to central government, become tyranny: 3. supremacy clause 4. necessary and proper clause makes government power virtually unlimited

trustee models

based on rep's ideas about what is best

delegate model

based on wishes of constituents

Federalist 70

benefits to having one executive: energy (an ability to respond to rapidly changing events), a faster process than legislative, one person to hold accountable, unity (not encouraging factions, 2 presidents can be divisive)

federal system of government

both states and central government are sources of power, have their own powers- powers overlap

Hatch Act

bureaucrats are supposed to be impartial, prevents some bureaucrats from participating in politics, campaigning or contributions, ensures neutrality

patronage

bureaucrats got their jobs bc of their support for the president or party

Term limits

idea that there should be a limit for the certain amount of times a person can run for office in Amendment 22

Implied v. enumerated v. reserved v. concurrent powers (all Article I, Section 8)

implied- go beyond expressed powers, under necessary and proper clause enumerated- specific powers given to Congress reserved- for the states concurrent- both state and national

Executive agreement

informal treaty powers, formally president can make treaties, but executive agreements can bypass Congress- made with foreign leaders, only last during president's term, can be secret

qualification for judges

none

Executive privilege

notion that the president gets to keep information from Congress b/c of their role in handling sensitive information, expectation of privacy

Bureaucratic discretion

part of decision making- choose how to implement congressional or executive intentions- cop pulling over for speeding there is an option to just give a warning

independent executive agencies

part of executive branch, responsible for the president- usually have very specific task- less responsible to Congress- NASA, CIA

litigants

parties that are involved in a court case- like plaintiff, defendants

Roles of president

party head (Jefferson), representative of the people (Andrew Jackson), bully pulpit (TR), world leader (Wilson), manager of the economy (FDR)

Selective Incorporation

process of incorporating your rights in the Bill of Rights on the state level

Impeachment

process that accuses the president of wrongdoing - starts in the House: 1. treason 2. bribery 3. high crimes and misdemeanors - trial takes place in Senate: 1. senators are the jury, presided over by chief justice

interest groups in iron triangles

provide information both ways, campaign funds, advocate for better budget

Strict scrutiny standard

race conscious gerrymandering must live up to-

Amendment 10

reserved powers

Party whips

responsible for "counting votes" before real vote happens to ensure that it will pass or fail- if there are enough votes for cloture then they will skip filibuster process

Judicial restraint vs. activism

restraint- interpret the Constitution using the intent of the framers- but almost impossible to know their intent activism- Constitution was meant to be flexible and respond to changing contexts, is a living document, really no limits, allows more room for bias and decreases stability of the law, justices will use their own personal judgment/interpretation

House Rules Committee

reviews all bills and assigns them a slot on the calendar, time for debate, and regulations about whether those bills are able to be amended.

Minority rights

rights guaranteed to every citizen

chief legislature

role of the president and his relationship to Congress

chief executive

role of the president in relationship to the executive branch- how laws will be enforced

Pluralism (1/3 theories of temporary democracy)

run by interest groups (ex. NRA)- through lobbying, iron triangles, campaign contributions

Amendment 4

search and seizure

Government corporations

sell services at very cheap rates to the public ex. FDIC (banks), USPS

Montesquieu

separation of powers to prevent corruption- government's power should be divided between branches (Madison adds checks and balances)

Attorney General

the head of the department of justice

Devolution

transfer of powers and responsibilities from federal government to states (Nixon to present, SC tends to side with the states)

bureaucracy

"4th branch"- various boards, commissions, etc. in charge of implementing

Elitism (1/3 theories of temporary democracy)

$- wealthy corporations- through campaign contributions, dominating economy

Amendment 8

- Cruel and unusual punishment - Protects against excessive fines or bail

Amendment 1

- Free speech/expression - Religion (overriding concern of framers) Freedom from = establishment clause ("Congress shall make no law") Freedom to = free exercise clause - Freedom of Press - Freedom of Assembly - Freedom to Petition

Amendment 6

- Speedy and public trial in the place where the crime was committed - Right to an attorney

Federalist 78

- lifetime appointment for judges- want judges to focus on the Constitution and make decisions that are as unbiased as possible and based in law - weakest bc they judges are appointed for life and not elected, have to rely on other branches to carry out their decisions, have to wait for a court case to review a law

White House Staff

- more personal staff to the president - chief of staff, press secretary

Qualification for Senate

-30yrs old -9 yrs citizen -inhabitant of state

Incumbency advantage

1. VISIBILITY- people pick who they recognize 2. franking privilege- Congress people don't have to pay for stamps 3. credit claiming- taking credit for popular policies/programs, pork barreling

American Political Culture (3 parts)

1. republicanism- idea that we elect leaders to represent us and make day to day decisions 2. limited government- government power should only reach so far and does not need to extend intrusively into our private lives 3. POPULAR SOVEREIGNTY- legitimate government derives its power directly from the people (contrast to divine right) "We the people"

Policymaking system

1. the people (the problems/interests/concerns) --> 2. linkage institutions (political parties/elections/interest groups) --> 3. policy agenda (items are taken care of in order of agenda) --> 4. policy making institutions (bureaucracy, any of the 3 branches) --> 5. policy (taxes/laws/regulations)

2 types of mandates

1. underfunded- some money but not everything you need 2. Unfunded- no money (ex. Americans with Disabilities Act)

McCulloch v. Maryland

1819, necessary and proper clause/implied powers, specifically does the federal government have the ability to create a bank? McCulloch wins - federal gov can create a bank and federal institutions are supreme over states (cannot tax them), implied powers do exist

US v. Lopez

1995, commerce clause- can the US regulate schools as commerce? Lopez wins because even though US has power to promote economic development (commerce clause + implied powers) the definition of commerce clause is too broad- EX. OF DEVOLUTION

Qualification for House

25 years old US citizen for 7 years Live in state represented

Qualifications for President

35 years old, born in the U.S., and has to have lived in the U.S. for 14 years

Commerce clause

Congress has power to regulate commerce (anything across state lines), commerce clause AND implied powers= congress has power to promote economic development

pocket veto

Congress is out of session when it happens, kills the bill without an unofficial veto

Franking privelege

Congress people don't have to pay for stamps

Constitution Article 2

Executive Branch- electoral college

Iron triangles

Involves Congress (sub-committee), some bureaucracy agency, and one interest group in creating and enforcing bureaucratic rules/regulations Multiple interest groups= issue network

Constitution Article 3

Judicial Branch

Constitution Article 1

Legislative Branch- section 8=enumerated powers, section 9=restrictions on legislative branch

Checks and balances

Madison- each branch has powers to check/limit the power of other two, create balance - executive branch can veto, nominate/appoint justices (senate confirms) - judicial review (overturn executive actions) - legislative can impeachment

Factions

Madison- we cannot avoid factions (everyone has opinions), but can mitigate dangers of them with a large republic

Amendment 5

No self-incrimination ("I plead the 5th") and double jeopardy - Government can't seize your property for use without paying for it

Strengths of the Articles of Confederation

Northwest Ordinance (process of creating states), US Postal Service

President Pro Tempore

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president

Filibusters

Only in Senate- power of unlimited debate to talk bills to death to run out the clock (so no vote can happen)

Bill of Attainder

Protection against search and seizure

Amendment process

Step 1. Propose an amendment- Through Congress (the one we use because it's easier) 2/3 of both houses have to vote for it, President has no role OR State conventions call for an amendment 2/3 have to call for a convention to amend the Constitution Step 2. Ratify an amendment- all about the states - State legislatures ratify the amendment 3/4 = 3/4 (38 states) of states ratifying conventions sign on to the amendment - Supreme Court said that amendments must be ratified in a "reasonable time frame"

Constitution Article 6

Supremacy clause

25th Amendment

VP and cabinet agreeing that president is unfit/incapable for carrying out their duties OR can be temporary transfer of power initiated by president (senate is notified of power transfer)

Shaw v. Reno

about majority minority districts- also descriptive representation- minority-majority districts are not inherently bad and is a legitimate goal of government, but must adhere to a strict scrutiny standard

Baker v. Carr

about partisan gerrymandering, doesn't take into account that people have moved to the cities, countryside is putting in 2/3 of the representation when they are only 1/3 of the population- establishes "one man, one vote" principle that says districts must be roughly same size in terms of population

Unitary System of Government

central government power (supreme) flows to states- was tyranny in American experience- too strong

Veto

check and balance by the executive on the legislative

HABBL

checks and balances in action- legislative passes the law, but executive can veto or sign, but legislature can repass with a supermajority in both houses (high bar) - sue go to judicial branch (judicial review), legislature can repass similar law fixing the problem

Majority rule

citizens make decisions through voting for representatives

Great Compromise (CT Compromise)

combination of VA (representation by pop) and NJ Plan (representation divided equally) -bicameral Congress- House of reps based on population, Senate- every state gets two representatives

packing- gerrymandering

concentrating the opposing party's voting power in one district to reduce their voting power in other districts

Weaknesses of the Articles of Confederation

confederal system (central government was designed to be weak)- no executive, no judicial, unicameral legislature (1 vote per states, high bar) can't collect taxes, regulate trade, no standing army, Shays' Rebellion exposed the flaws (DOES NOTHING TO PROMOTE UNITY)

War Powers Resolution

congressional check on role of president as commander in chief- forces the president to seek Congress's approval for deployments of more than 60 days

Judiciary Act of 1789

created the federal-court system.

subcommittee in Congress in interest groups

creates laws for interests groups, create budget and laws for bureaucratic agency

cracking-gerrymandering

diluting the voting power of the opposing party's supporters across many districts

Dual v. Cooperative Federalism

dual: states and federal government are completely different spheres and don't interact (layer cake) Cooperative: mingled responsibilities and blurred distinctions between levels of government (marble cake)

Privileges and immunities

each state is entitled to privileges and immunities of citizens in other states

Speaker of the House

elected position from the majority party- make committee assignments and give permission to representatives to speak in debate

bureaucratic agencies in iron triangles

enforce the laws for interest groups, create budget/laws and provide information for Congress

Marbury v. Madison

established judicial review- SC can overturn executive orders and laws when they are unconstitutional

Logrolling

exchange of votes on non-critical issues

Cabinet

executive branch departments' leaders (group of advisors), currently 15 - heads are appointed by the president

Independent regulatory agencies

exist outside of executive branch- usually end in a C or B- SEC (stock market), FTC (economic)

Federalist 51

explains how the system of separation and powers and checks and balances will prevent the slide into tyranny

Minority leaders

face of minority party, lead the opposition (try to obstruct the agenda of majority party)

Federalist 10

factions (often political parties) are key threat but we can't get rid of them bc people have opinions (due to property), large republic will help to control- one factions won't be able to dominate bc there will be so many opinions, separation of powers will prevent a group gaining control of all branches

Pork barrel spending

federal funds that are set aside for local projects, meant to boost popularity of incumbents

Fiscal federalism (money)

federal government uses grant money to help the states and at time to influence policy - block grants: federal funds given to states with few to no strings (states prefer so they can use how they want) - categorical grants: project (apply for funds, competitive) or formula (everybody gets money based on some sort of mathematical formula- like how many senior citizens, impartial) - mandates: requirements that the federal government attaches to funds (unfunded are rules imposed by federal government without money)

14th Amendment's equal protection clause

forbids any state to deny a person within its jurisdiction the equal protection of the laws- restraint on the power of governments to discriminate against persons because of race, national origin, or sex.

Majority minority districts

form of gerrymandering, minority group always win (lots of times race conscious)

amiscus curiae briefs

friend of the court- cannot be litigants but have a vested interest in the outcome (like interest groups), offer additional information/perspectives

Signing statements

goes on a piece of legislation as the president signs- talks about how they would like to see it enforced (less formal)

Executive order

has the force of law and is directed to the bureaucracy on how to administer a law or rule- they don't create from nothing has to be a law already in existence

original jurisdiction

hears a case first, including testimony and evidence

appellate jurisdiction

hears case after first ruling and focuses on procedures rather than merits of the case

Executive Office of the President

houses 3 groups of people: 1. staff of national security council 2. economic advisory council 3. office of management of budget (cross over cabinet departments)

Regulation

how bureaucracy oversees and enforces policy

Apportionment/Reapportionment

how many reps each state gets, based on census

Separation of powers

idea of three branches- legislative, executive, and judicial (Mont)

Declaration of Independence

justification for rebellion, inspired by Enlightenment thinkers 1. preamble- Jefferson lays out ideas of natural rights (life, liberty, and pursuit of happiness) 2. grievances- shows all the ways that specifically King George III has violated the social contract by trying to take away colonists' rights (natural rights) - SO we HAVE TO rebel (justified)

Senate Majority leader

leader and public face of majority party- schedule bills for debate and create unanimous consent agreements (allot time for debate)

stare decisis

let the decision stand- precedents are binding

Formal Powers of the President

listed in the Constitution- veto legislation, commander in chief, and grants reprieves/pardons

dissenting opinion

losing side, become basis for new legal challenges/cases

civil service

merit based system exam to qualify for job

Issue networks

multiple interest groups alongside Congress and bureaucracy

Social contract

people allow their government to rule over them to ensure an orderly and functioning society

Participatory democracy (1/3 theories of temporary democracy)

people wield power- through elections, protests- engaged citizens drive decisions of government

plaintiff

person who is suing, must have standing to sue- have been injured or in immediate danger of injury

Malapportionment

population distributed in uneven numbers between legislative districts is UNCONSTITUTIONAL bc it violates the equal protection clause

Hyperpluralism

power of too many interests groups, results in policy gridlock

Informal Powers of the President

powers not expressed in the Constitution 1. executive orders (unchecked power carrying the force of law) 2. executive agreements- informal treaty powers (temporary) 3. executive privilege

Bully pulpit

president has the platform to control/sway public opinion/Congress

John Locke

social contract- government protects natural rights (rights given by God, born with can't be taken away- life, liberty, property), republic is best

Hobbes

social contract- people give up freedoms and liberties to government and they ensure/protect property- monarchy is best bc protects people from each other (naturally selfish)

Discretionary spending

spending category about which government planners can make choices (can change)

Mandatory spending

spending on certain programs that is mandated (required) by existing law

Confederal System of Government

states are source of power and flows to central- too weak in American experience

Full faith and credit

states have to recognize documents, court orders and decisions from other states (ex. drivers license)

substantive v. descriptive representation

substantive: based on ideas/issues/interest groups (ex. abortion) descriptive: based on relevant characteristics (race, gender, religions)- like us

concurring opinion

support either majority or dissenting but add extra thought

Extradition

surrender of alleged criminal from one state to state where crime was committed

Advise and consent

the power of the senate to approve or disapprove of any of the president's appointments or treaties

Constitution

tries to strike a balance between unitary and confederal system (end up with federalism), meant to correct AofC and fears that went into writing of AofC, creates Madisonian system (balance of majority rule and protection of minority rights, checks and balances/separation of powers)

Cloture

vote by Senate to end debate (filibuster killer), would ensure bipartisan agreement

justiciable disputes

whatever you are suing about has to be something that the law can resolve

Recusal

when judges remove themselves from a case b/c they can't be impartial due to conflict of interest, if they tie decision of lower court stands

Bureaucratic Adjudication

when the federal bureaucracy settles disputes between parties that arise over the implementation of federal laws or determines which individuals or groups are covered under a regulation or program- like taking it to court- a hearing

majority opinion

written to explain the decision of the court, become precedents