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James Madison

"Father of the Constitution," (wrote the bill of rights), Federalist leader, and fourth President of the United States.

Shay's Rebellion

A rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.

executive order

A rule issued by the president that has the force of law

federalism

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

2nd Amendment

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Minor vs. Happersett (1875)

A woman suffragist sued the official who had not allowed her to vote. The Supreme Court ruled that, while the woman was a citizen, voting was not a right but a privilege bestowed by the federal government on those who could be trusted to use it wisely. After this decision, NWSA began advocating a separate constitutional amendment, modeled on the Fifteenth, to bar disfranchisement "on the grounds of sex." This wording would eventually go into the Nineteenth Amendment.

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Civil Liberties

Constitutional freedoms guaranteed to all citizens

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

Which of the following policies is most likely to cause tension between the competing values of individualism and rule of law?

Criminalizing the use of recreational drugs like marijuana

Article 3

Judicial Branch

politico

Lawmaker who attempts to balance the basic elements of the trustee, delegate, and partisan roles

Plessy v. Ferguson (1896)

Legalized segregation in publicly owned facilities on the basis of "separate but equal."

Article 1

Legislative Branch

In recent years the Supreme Court has applied the decision across all states that individuals have the right to possess a firearm in the home for self-defense.

The Fourteenth Amendment applies the Second Amendment to the states

Which of the following statements best explains how the Fourteenth Amendment has been interpreted to enhance federal power?

The Fourteenth Amendment gave Congress the right to regulate discrimination in states

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.

right of legation

the right to send and receive diplomatic representatives

civil rights

the rights of citizens to political and social freedom and equality.

how does the supreme court protect its political independence?

they have control of their docket

cloture vote

this limits debate in the senate by ending a filibuster and forcing a vote

prospective voting

voting for a candidate because you favor his or her ideas for handling issues

retrospective voting

voting for a candidate because you like his or her past actions in office

federalist #78

written by Alexander Hamilton; talks about the federal judiciary; judiciary must depend on other two branches to uphold its decisions

Federalist paper #51

written by Madison, discusses importance of checks and balances and the separation of powers in the constitution

Libel

written defamation

8th Amendment

No cruel or unusual punishment

3rd Amendment

No quartering of soldiers

primary election

Nominating election held to choose party candidates who will run in the general election

Brutus #1

October 18, 1787; need for homogeneity- impossibility of large republic because of lack of representation

President Pro Tempore

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

Gideon v. Wainwright (1963)

Ordered states to provide lawyers for those unable to afford them in criminal proceedings. Warren Court's judicial activism in criminal rights.

U.S. v. Miller (1939)

Second Amendment challenge to the National Firearms Act of 1934. USSC argued that the Second Amendment does not guarantee an individual the right to keep and bear a sawed-off double barrel shotgun.

faction

A group with a distinct political interest

judicial restraint

A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures

Roe v. Wade (1973)

(Burger) Certain state criminal abortion laws violate the Due Process clause of the 14th Amendment, which protects against state action the (implied) right to privacy in the Bill of Rights (9th amendment). Abortion cannot be banned in the 1st trimester (1st 3 months), states can regulate the 2nd trimester, 3rd trimester - abortion is illegal except to save the life of the mother

Rulemaking Authority

*Often a law gives authority to develop regulations to a particular agency *Example: Environmental laws give the EPA broad authority to determine pollutants that will be regulated and standards that will be enforced

what could the central government not do under the Articles of Confederation?

- impose taxes; needed direct funding from states but often did not get it - no power to impose tariffs - no standing military

how many articles are in the articles of confederation

13

Equal Protection Clause

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

Alexander Hamilton

1789-1795; First Secretary of the Treasury. He advocated creation of a national bank, assumption of state debts by the federal government, and a tariff system to pay off the national debt. Wrote a lot of the federalist papers

Brown v. Board of Education

1954 - The Supreme Court overruled Plessy v. Ferguson, declared that racially segregated facilities are inherently unequal and ordered all public schools desegregated.

War Powers Act

1973. A resolution of Congress that stated the President can only send troops into action abroad by authorization of Congress or if America is already under attack or serious threat.

Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)

how many electors are there

538

incumbent advantage in presidential elections

80% chance of reelection

Schneck v. United States

A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a "clear and present danger" of substantive evils.

Regents of the University of California v. Bakke

A 1978 Supreme Court decision holding that a state university could not admit less qualified individuals solely because of their race.

Citizens United v. FEC

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)

amicus curiae

A Latin term meaning "friend of the court." Refers to interested groups or individuals, not directly involved in a suit, who may file legal briefs or oral arguments in support of one side.

Title IX

A United States law enacted on June 23, 1972 that states: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Iron Triangle

A close relationship between an agency, a congressional committee, and an interest group

Political Action Committee (PAC)

A committee set up by a corporation, labor union, or interest group that raises and spends campaign money from voluntary donations

14th Amendment

A constitutional amendment giving full rights of citizenship to all people born or naturalized in the United States, except for American Indians.

Ben Franklin

A delegate from Pennsylvania and proposed the "Albany Plan of the Union" as a way to strengthen colonies. Also helped draft the D of I

Elitist Democracy

A democratic government in which some citizens (such as wealthy, better educated, or certain social groups) have disproportionate influence over government policy. ex is the Electoral College

grand jury

A group of citizens that decides whether there is sufficient evidence to accuse someone of a crime.

Which of the following statements best summarizes the author's argument in Brutus #1?

A large centralized government is unable to protect individual interests and liberties

Which of the following statements best summarizes Madison's arguments in Federalist #10?

A large republic can control the negative aspects of factions

Bureaucracy

A large, complex organization composed of appointed officials

trustee

A legislator who acts according to her or his conscience and the broad interests of the entire society.

delegate

A legislator whose primary responsibility is to represent the majority view of his or her constituents, regardless of his or her own view.

Caucus

A meeting of local party members to choose party officials or candidates for public office and to decide the platform.

republicanism

A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of the governed.

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

lame duck

A politician who is still in office after having lost a reelection bid

open primary

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

closed primary

A primary in which only registered members of a particular political party can vote

Great Compromise

AKA the Connecticut Compromise; 1787; This compromise was between the large and small states of the colonies. The Great Compromise resolved that there would be a representation by population in the House of Representatives, and equal representation would exist in the Senate. Each state, regardless of size, would have 2 senators. All tax bills and revenues would originate in the House. This compromise combined the needs of both large and small states and formed a fair and sensible resolution to their problems.

24th Amendment

Abolishes poll taxes

Compliance Monitoring

Activities undertaken to establish whether a process or procedure is carried out in conformance with relevant external requirements, whether set through legislation, regulations, or directions

Judicial Review

Allows the court to determine the constitutionality of laws

John Adams

America's first Vice-President and second President. Sponsor of the American Revolution in Massachusetts, and wrote the Massachusetts guarantee that freedom of press "ought not to be restrained." helped draft the D of I

Thurgood Marshall

American civil rights lawyer, first black justice on the Supreme Court of the United States. Marshall was a tireless advocate for the rights of minorities and the poor.

Wisconsin v. Yoder

Amish people refused to send their children to school past the 8th grade when the state required public schooling for all children until age 16. Result: This law is in conflict with the Free Exercise clause. The statute is in direct conflict with Amish beliefs. The Amish may teach themselves.

logrolling

An agreement by two or more lawmakers to support each other's bills

supply-side economics

An economic philosophy that holds the sharply cutting taxes will increase the incentive people have to work, save, and invest. Greater investments will lead to more jobs, a more productive economy, and more tax revenues for the government.

single-member district

An electoral district in which voters choose one representative or official.

proportional system

An electoral system used throughout most of Europe that awards legislative seats to political parties in proportion to the number of votes won in an election.

Federalist #10

An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.

judicial activism

An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)

Article 6

Article of the Constitution that sets the status of the Constitution as the supreme law of the land, to which leaders must be loyal.

Campaign Reform Act of 2002

Banned soft money, limits individual contributions, and restricts independent expenditures.

How do the different chamber sizes in the House of Representatives and the Senate influence the formality of debate in each chamber?

Because there are more members in the House of Representatives, there is a more formal process for debate

soft money

Campaign contributions unregulated by federal or state law, usually given to parties and party committees to help fund general party activities.

15th amendment

Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude

9th Amendment

Citizens entitled to rights not listed in the Constitution

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Which of the following scenarios would violate the Tenth Amendment?

Congress passing a law raising the minimum driving age to 21

Why did the Framers decide to include Article V of the Constitution, detailing an amendment process?

Concerns about protecting self-government

17th Amendment

Direct election of senators

electioneering

Direct group involvement in the electoral process, for example, by helping to fund campaigns, getting members to work for candidates, and forming political action committees.

United States Constitution

Document creating the United States government. Based on Enlightenment ideas. Ratified in 1788.

free enterprise

Economic system in which individuals and businesses are allowed to compete for profit with a minimum of government interference

Candidate Centered Campaigns

Election campaigns and other political processes in which candidates, not political parties, have most of the initiative and influence.

Article 2

Executive Branch

Which of the following policies is likely to create the most tension between the competing values of rule of law and limited government?

Expelling undocumented US residents from the country

Which of the following scenarios is an example of a present-day constitutional issue about democracy and governmental power?

FBI agents being able to obtain phone records without a judge's approval

categorical grants

Federal grants for specific purposes, such as building an airport

block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

free rider problem

For a group, the problem of people not joining because they can benefit from the group's activities without joining.

4th Amendment

Freedom from unreasonable searches and seizures

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

19th Amendment (1920)

Gave women the right to vote

fiscal policy

Government policy that attempts to manage the economy by controlling taxing and spending. controlled by congress

monetary policy

Government policy that attempts to manage the economy by controlling the money supply and thus interest rates. controlled by the federal reserve

deficit spending

Government practice of spending more than it takes in from taxes

U.S. v. Lopez (1995)

Gun Free School Zones Act exceeded Congress' authority to regulate interstate commerce.

Super PACs

Independent expenditure-only PACs are known as Super PACs because they may accept donations of any size and can endorse candidates. Their contributions and expenditures must be periodically reported to the FEC.

26th Amendment

Lowered the voting age from 21 to 18

Supporters of Hamilton's view that acts contrary to the Constitution are invalid could point to which of the following cases?

Marbury vs. Madison

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

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.

hard money

Political contributions given to a party, candidate, or interest group that are limited in amount and fully disclosed.

What role do coalitions play in the policymaking process?

Politicians create coalitions to enact policy that has broad support from the public

unfunded mandates

Programs that the Federal government requires States to implement without Federal funding.

Engel v. Vitale (1962)

Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause; Warren Court's judicial activism.

Tinker v. Des Moines (1969)

Public school students may wear armbands to class protesting against America's war in Vietnam when such display does not disrupt classes

Article 7

Ratification of the Constitution

Which of the following actions can the states take to limit the Supreme Court's power?

Refuse to implement and enforce a ruling by the Court (ex Brown v Board)

issue network

Relationships among interest groups, congressional committees and subcommittees, and the government agencies that share a common policy concern.

7th Amendment

Right to jury in civil trials.

Shaw v. Reno (1993)

The Court ruled that although it was a legitimate goal for state legislatures to take race into account when they draw electoral districts in order to increase the voting strength of minorities, they may not make race the sole reason for drawing district lines.

New York Times v. US

The President argues that the publication of the Pentagon Papers is in violation of executive privilege. Result: The barring of the publication of these papers is in violation of the 1st A. freedom of the press

United States v. Morrison (2000)

The Violence Against Women Act of Congress is unconstitutional as it exceeds the authority given by the Constitution for Congress to exercise the Interstate Commerce Clause or the Fourteenth Amendment.

Which constitutional provision would the author of Brutus #1 most likely support?

The addition of a Bill of Rights

linkage institutions

The channels through which people's concerns become political issues on the government's policy agenda. In the United States, linkage institutions include elections, political parties, interest groups, and the media.

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.

Necessary and Proper Clause

The clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

Miranda v. Arizona (1966)

The court ruled that those subjected to in-custody interrogation be advised of their constitutional right to an attorney and their right to remain silent.

Marbury v. Madison (1803)

This case establishes the Supreme Court's power of Judicial Review

discretionary authority

The extent to which appointed bureaucrats can choose courses of action and make policies that are not spelled out in advance by laws.

Reaganomics

The federal economic polices of the Reagan administration, elected in 1981. These policies combined a monetarist fiscal policy, supply-side tax cuts, and domestic budget cutting. Their goal was to reduce the size of the federal government and stimulate economic growth.

incorporation doctrine

The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.

policy mood

The level of public support for expanding the government's role in society; whether the public wants government action on a specific issue.

Which of the following aspects of the US Constitution best illustrates the concept of elite democracy?

The original wording of the Constitution regarding the selection of US senators

What was the main argument against creating a national bank?

The power to create a national bank was not explicitly written in the Constitution

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

McDonald v. Chicago

The right of an individual to "keep and bear arms" protected by the 2nd Amendment is incorporated by the due process clause of the 14th Amendment and applies to the states.

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

Lemon Test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

double jeopardy

Trial or punishment for the same crime by the same government; forbidden by the Constitution.

Which prior Supreme Court case could be used as a precedent for the majority decision in United States v. Morrison (2000)?

US v Lopez

President of the Senate

Vice President

Thomas Jefferson

Wrote the Declaration of Independence; 3rd president

Voting Rights Act of 1965

a law designed to help end formal and informal barriers to African-American suffrage

pluralist democracy

a model of democracy that stresses vigorous competition among various interests in a free society. ex is interest groups

access point

a point in policymaking that allows ordinary citizens to influence the government

signing statement

a presidential document that reveals what the president thinks of a new law and how it ought to be enforced

blanket primary

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

participatory democracy

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

Arthur Schlesinger

author of The Imperial Presidency; believed that the Presidency has gained power at the expense of other branches

position issues

an issue about which the public is divided and rival candidates or political parties adopt different policy positions

rational choice voting

assumes that political actors will make decisions based on their own benefit, carefully weighing all choices

executive agreement

an agreement between the president and the leader of another country

how can the president limit the power of the Supreme Court?

by refusing to enforce their decisions

Article 5

constitutional amendment process

Political Realignment

the movement of voters from one political party to another resulting in a major shift in the politcal spectrum

22nd Amendment (1951)

the president is limited to two terms or a total of 10 years in office

generational effects

events that alter the ideology of an entire generation

Due Process

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

prior restraint

government censorship of information before it is published or broadcast

lifecycle effects

how your ideology changes with age

what is the difference between impeachment and removal?

impeachment is the bringing of charges against an elected official, removal is removing a govt officer after impeachment

valence issues

issues on which most voters and candidates share the same position

how is the supreme court politically insulated?

judges receive a lifetime appointment

pork-barrel legislation

legislation that gives tangible benefits to constituents in several districts or states in the hope of winning their votes in return

stare decisis

let the decision stand (precedent)

horse race journalism

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

incumbent advantage in congressional campaigns

no term limits, can spend more money, 10% advantage

divided government

one party controls the White House and another party controls one or both houses of Congress

Civil Rights Act of 1964

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

period effect

phenomenon in which a historical event or major social trend contributes to the unique shape and outlook of a birth cohort

After a House of Representatives member supports an unpopular tax despite protests from his constituents, he loses his bid for reelection. Which democratic ideal does this represent

popular sovereignty

informal powers

powers of the president not derived from constitutional or statutory law

party-line voting

process in which voters select candidates by their party affiliation

formal powers

specific grants of authority defined in the Constitution or in law

discretionary spending

spending about which Congress is free to make choices

Article 4

states have the power to make and carry out their own laws

federalist #70

states that it is easier and more effective to have a singular executive rather than a plural one

which amendment do miranda rights fall under?

the 5th

Congress is most likely to use a court-curbing measure, like changing the appellate jurisdiction of the Supreme Court, when:

the American public does not support the Supreme Court's decision.

Baker v. Carr (1962)

the case that est. one man one vote. this decision created guidelines for drawing up congressional districts and guaranteed a more equitable system of representation to the citizens of each state

Declaration of Independence

the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain

Justice Cardozo argues here that certain rights protected at the federal level also apply at the state level through the Fourteenth Amendment. Which clause supports his argument?

the due process clause

oversight

the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies

natural rights

the idea that all humans are born with rights, which include the right to life, liberty, and pursuit of happiness

Keynsian Economics

the idea that governments can manipulate macroeconomic demand through taxation and spending policies in order to foster stable growth

gridlock

the inability of the government to act because rival parties control different parts of the government

Speaker of the House

the leader of the majority party who serves as the presiding officer of the House of Representatives

political socialization

the process by which people gain their political attitudes and opinions


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