AP GOV EXAM (THE BIG BOY SET)

The United States Supreme Court was designed to be

"the least dangerous branch." This did not last long. Chief Justice John Marshall changed the Court's trajectory in the case Marbury v. Madison (1803). Marshall wrote in his opinion that the Court had the authority to "say what the law is." Judicial review allows the Court to do more than apply the law its ultimate duty is to say what the law means.

penny press

$0.01 ex. NY Sun in 1830s nonpartisan relied on ads and circulation for a profit politically independent not very respectable because focused on scandal for entertainment ex. 1811 children born out of wedlock or shot gun weddings

buckley v valeo

(1976) upheld federal limits on campaign retributions and struck down a portion of the FEC Act, thus limiting the amount of money individuals can contribute to their own campaign; spending money on one's own campaign is protected free speech

Establishment Clause

(CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION)

Anarchy

(n) a lack of government and law; confusion

Foreign Affairs Oversight: Executive vs. Congressional Power

*Executive*: wage war, negotiate treaties *Congress*: delclare war, senate ratifies treaties

Duverger's Law

*FPTP + SMD + WTA = ???* winner take all single member district first past the post

How did Jackson, Lincoln, and FDR expand the power of the presidency?

*Jackson*: first national pres, jacksonian democracy, western fronteir, egalitarian, common man, made many spoils system appointments, used veto often, reasserted supremacy of national power *Lincoln*: assumed power bc war, suspended habeas corpus, grew army, blocked southern ports *FDR*: New Deal, new bureaucracy

establishing president's power (1780-1809)

*washington* estabished: federal supremacy, use executive to collect taxes (ex. put down whiskey rebellion), cabinet, cheif executive in foreign affairs, denied senate a role in negotiations treaties, use of inherent powers *adams* had poor relationship=division and creation of parties *jefferson* used party system to cement strong ties with congress; used inherent powers for LA purchase

Unitary System

- what the Framers hoped to avoid local and regional governments derive all their power from the strong national government found in Great Britain Framers made both national and state governments accountable to people under federalism because they feared a strong tyrannical ruler

Because states held all the power at the time of the Constitutional Convention, Framers felt no need to list and restate the powers of the states as they did for the national government but,

-*set up elections* -limited Congress from limiting the *slave trade* before 1808. -*appoint electors* *privileges and immunities clause*

Stage 2 of a bill

*NOW I GO TO THE HOUSE OF REPRESENTATIVES, AND THEY VOTE ON ME. THEN I GO TO THE SENATE AND THE WHOLE THING STARTS ALL OVER AGAIN.* -House/Senate floor debate -Before house debate, House RUles comm puts it on calendar (House budget bills don't go here) -House RUles Comm decides what amendments can be attached --House can use Comm of the Whole -Senate for the floor debate. debate is different. fewer members. bills tend to be held up in senate

Stage 3 of a bill

*OFF TO THE WHITE HOUSE WHERE ILL WAIT IN A LINE WITH A LOT OF OTHER BILL FOR THE PRESIDENT TO SIGN* -When both houses approve -conference comm irons out differences (bill can die here) -if compromise is reached, bill is sent to both houses for final vote -president

coattails

*SUCC*essful presidential candidates usually carry into office the congressional candidates of the same party in same election (means pretty strong mandate) year (less pronounced in midterm elections). eisenhower brought the wrong party into office :/

Stage 1 of a bill

*WELL NOW IM STUCK IN COMMITTEE AND I'LL SIT HERE AND WAIT* -Speaker refers bill to a committee -Sub committee (can hold hearings or not) (hearings are open to public for transparency (sunshine)) -Bill revised in subcomm and a vote for approval -Returned to full comm and vote -Sent to House or Senate floor

Specific National Powers

*coin* money conduct *foreign relations* regulate *commerce* provide *defense* declare and conduct *war* establish a *national court system*

Hobbes, Locke, and a Social Contract Theory of Government

--Devising National Government in the American Colonies --Social contract theory --Right of revolution exists if government is not serving the purpose for which it was created. --Agreeing on social contract, disagreeing on form of government

Independent Regulatory Commission

*created by congress *outside of cabinet depts to regulate a *specific economic interest*. usually deal with complex issues that congress and courts do not have time to address supposed to be *nonpartisan* ex. National Labor Relations Board, FED, FCC, SEC, OSHA headed by a *board 5/7 members,selected by pres, confirmed by senate, fixed staggered terms*

Constitution

*document establishing the structure, functions, and limitations of a government* short, written, general, and entrenched US has the oldest and most successful

Political Ideology:

*set of values and beliefs about the purpose and scope of government* basic values of a party, class, group, etc big examples are conservative, liberal, or, increasingly libertarian, Moderates

Specific concurrent powers

*tax* *borrow* money *est courts* *make and enforce laws* *charter* banks and corporations *spend money* for general welfare *take private property* for public with compensation

1st Amendment

"RAPPS", CIVIL LIBERTIES, ESTABLISHMENT CLAUSE, FREE EXERCISE CLAUSE

inoculation ads

"an attack unanswered is an attack agreed to" supposed to coutneract an ad position before it comes about

Declaration of Independence

--Drafted by Jefferson in 1776 proclaimed right of the colonies to separate from Britain --Reasons for independence --as a Southerner, Jefferson was added for balance borrowed heavily from Locke's Two Treatises of Government --social contract theory - idea that government exists based on the consent of the governed. peopled agree to leave the state of nature and set up a government largely for the protection of property property includes life, liberty, and material possessions --Also, those who give their consent to be governed have the right to resist or remove rulers who deviate from those purposes --rebellion is the ultimate sanction against a government that violated the rights of its citizens

How Do Demographics Influence American Politics?: High Expectations for Government

--For much of history, state governments > national governments --low expectations for national government --Starting in 1930s, federal government played active role in economy --people looked to government for solutions --Politicians promise more than they can deliver

Key events that switched people's political opinion

--Nixon's resignation --Clinton's impeachment --9/11 --Military campaigns prompt patriotism

Social Contract Theory

--People are free and equal by God-given right and this gives people right to give their consent to be governed. --Transition from a state of nature to a political society --In order to live in a way so all people can enjoy their natural rights, people must agree to live under a government and give it power to make and enforce laws. --People must give up something, as with all contracts --People give up the absolute right to do anything he or she has the right to do in a state of nature. In return, everyone receives security that can be provided by government.

Article 6

--Supremacy clause: --national and state officers and judges are bound by national law and take oaths to support the federal constitution above all --Preemption --No religious test shall be required for hold any office

New Federalism

-1980-2001 ("Reagan Revolution") -Return powers to state government -Reagan argued categorical grants were imposing priorities on the states. Liberals thought the grants were effective in raising services to poor etc. -Reagan proposed tax cuts -Return to laboratory states for democracy (tested by states and used in others)

Identify two ways party leadership in Congress can influence the legislative process

-Assignment of members to committees -Assignment of committee chairs -Scheduling -Agenda-setting (Rules Committee) -Whips and counting votes -Party discipline -Leadership use of media -Recognition on floor

Grants in the 1950s and 1960s

-FDR sent money to the state for public works for New Deal -WWII brought more federal money

How Do Demographics Influence American Politics?

-Interpretation of American Dream has a role in expectations -competition among news to break a story leads to negative, sensational, and extremes -Remaining upbeat can be tough with scandal

Identify one power that is unique to the House of Representatives and explain why the framers gave the House that power

-Originate revenue bills, House is closer to the people -Impeach, being closer to the people is important in deciding if an official should be impeached or more responsive with shorter terms -Break tie or deadlock at electoral college, the chamber closest to the people

Identify two advantages the majority party in the United States House of Representatives has in lawmaking

-Speaker will most likely be from the majority party and can exert influence over debate and scheduling in house -Each standing committee will be made up of more members of the majority party, so the debate in the committee will be dominated by majority party -Each committee chair will be from the majority party, so scheduling hearings and testimony will be under his/her purview.

Faction

-The greatest threat to individual liberty would therefore come from factions within the government, who might place narrow interests above broader national interests and the rights of citizens -Tyranny of the majority If the majority rules (especially in a direct democracy), what is to stop it from expropriating the minority, or from tyrannizing it in other ways by enforcing the majority's religion, language, or culture on the minority?

Precedents established by George Washington

-The inaugural Addres -2 terms 4 year Having a cabinet enforcing the law staying neutral in foreign affairs

congressional control of bureauc

-create or abolish depts -approves appointments -investigatory power -power of the purse

Montesquieu

-ideas from Aristotle -separation of pwer and checks & balances

Specific State Powers

-plan elections -ratify amendments -public health, safety, and morals -powers not delegated to national -est local governments -commerce within

For proposal to amending the Constitution

1) ⅔ of members of both houses, or; 2) ⅔ of state legislatures requesting Congress to call a convention to produce amendments this second method has never been used

stages in a public opinion polll

1. determine content and wording of questions 2. selecting the sample 3. contacting respondents

votes needed to approve a bill

1/2; both houses

what does the president do with a bill

10 days to consider bill 1. sign it 2. veto it (overriden with 2/3 both hosues) 3. wait 10 days and bill dies if congress isnt in session (pocket veto) 4. wait 10 days and bill becomes law if ongress is still in session

Size/Membership of SENATE

100 Members Based on Equal Representation (NJ Plan) 52 Rep, 46 Dems, 2 Ind (both caucus with Dems)

The United States is the world's first federal system

13 independent (sovereign) states are bound together under one national government In US, there are over 87,000 different state and local governments

Amendments that altered relationship between states and national government

16th-congress enacted national income tax ($$=power=government has more power) 17th-direct election of senators by people (states no longer gave power to senators but people did)

Declaration of independence

1776 Jefferson Proclaimed right to separate with Britain Borrowed from Thomas Paine's social contract theory Right of rebellion

Articles of confederation years

1781-1789

First Continental congress

1787 All were men Mostly young Many slave-owners Elite Va plan Nj plan Great compromise

examples of realigning elections

1800-jeffersonian republicans defeated federalists 1828- jacksonian dems came to power 1860- whig party collapsed and power under lincoln because division over slavery 1896- republicans defeated WJ Bryan (D) 1932- FDR's massive coalition of previously (R) voters

Marshall Court

1801-1835 FEDERALIST DISCONTINUED PRACTICE OF SERIATIM (HE SAID JUSTICES SHOULD DECIDE AS ONE) MARBURY V. MADISON, MCCULLOCH V. MADISON, COHENS V. VIRGINIA (GROWTH OF FEDERAL SUPREMACY)

McCulloch v MD

1819 SC upheld power of national government and denied the right of a state to tax a national bank Does Congress have authority to charter a bank? Yes, because it's necessary and proper. If so, can a state tax a bank? No , because of Supremacy Clause.

Gibbons v Ogden

1824 Supreme Court upheld Congress' power to regulate interstate commerce

Dred Scott v Sandford

1857 questioning Scott's freedom because he lived in a free state. he was property so no and ruled MI Compormise unconstitutional and congress cannot ban slavery in certain areas. State power increased. Left issue of slavery to be decided by states (hastened the civil war)

Golden Age for Dems and Reps

1874-1912 prgressive and post-CWar eras, stability for parties, big city political machines - (uses tangible incentives to recruit members and high control over members - patronage)

Progressive Era

1890 TO 1920, EFFORT TO REFORM POLITICAL, ECONOMIC, AND SOCIAL AFFAIRS FOR MANY GROUPS OF PEOPLE, PARTICULARLY AFRICAN AMERICANS

Business Groups and Trade Assoc

1895 national association of manufacturing groups believed organized labor was hurting business------US chamber of commerce

Plessy v Ferguson

1896 court ruled separate but equal as constitutional

progressive era

1899-1920 political and social movement to fix social ills of alte 19th/20th century american reform number of groups explodes--like progressive party govt began to regulate business, which led to businesses creating interest groups

NAACP

1909, CONCERN ABOUT VIOLENCE, INCLUDED W.E.B DU BOIS, OSWALD GARRISON VILLARD

when did direct primaries really become common in the US as methods for selecting candidates

1920s

Era of Dual Federalism ended in

1930s with the New Deal

Baby boomers

1946-1964 major strain on entitlement programs

Dixiecrats

1948 southerners supported segregation bc DNC was abandoning segregation

fairness doctrine

1949-1985 required broadcasters to cover events adequately and present contrasting views

When did grant programs become strong

1950s and 1960s

civil rights and anti-war

1960s and 1970s huge interest in ineterest groups ACLU, NAACP, MALDF, Common Cause, Public Citizen, AARP

Baker v Carr

1962 SC decided that state controls legislative apportiontment was an area over which the court had jurisdiction (political questions doctrine) and established the principle of "one man (person), one vote" each district has to be relatively equal in population

Great Society

1964 War on Poverty Cooperative Federalism Largest use of Federal power since New Deal Grants for urban renewal, edu, poverty programs, Head Start, Job training

NY Times vs. Sullivan

1964 actual malice is needed to prove libel; publisher believed it was flase and serious doubts about it

Civil Rights Act 1964

1964; *banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment*; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal

NY Times Co vs. US

1972 pentagon papers case about the Vietnam War govt cannot prevent NYT from publishing Pentagon papers (classified docs stolen by Ellsberg); it would ignore first amendment prior restraint!! tests freedom of press

us v. nixon

1974 nixon forced to release evidence...resigned inherent power, not in constitution withhold info from US

Generation Y

1977 to 1994 have grown up in good times, have optimism about future

realignment every 36 years

1980? Reagan to power but was it just because he wasn't Carter? 2008? south showed signs of no longer being Republican like it was in 1972-2008

Webster v Reproductive Health Services

1989 *states can restrict abortion * from Missouri

Planned Parenthood v Casey

1992 states can require parental consent and 24 hour waiting period

Ross Perot's Party

1992 and 1996 just on federal deficit

Federal Employees Political Activities Act

1993 employees can run for office in nonpartisan elections and contributes and campaign for elections hatch act liberalized by Clinton

lobbying disclosure act

1995 defined lobbyists

US v Lopez

1995 limited national government congress cannot regulate guns within 1000 feet of public schools - it is a state authority

Clinton v. city of ny

1998 Line item veto is unconstitutional. 6 to 3 city of NY won.

the constitution's rules about the senate

2 senators per state originally elected by state legislature until 17th amendment 1/3 reelected every 2 year must be 30 yr old, resident 9 year, legal resident of state represetning upper/more esteemed body

22nd Amendment

2 terms vp can serve 10 years

Terms in the HOUSE

2 year term, elected every even year, (presidential and midterm election years), may serve unlimited terms

votes needed to override a presidential veto

2/3; both houses

votes needed to propose and amendment

2/3; both houses

votes needed to ratify an executive treaty

2/3; senate

Ralph Nader and Green Party

2000

US v Morrison

2000 congress can't offer federal remedies to victims of gender-motivated violence VA Tech it's a state issue

Bush v Gore

2000 supreme court kept a ruling from FL supreme court ordering a manual recount of ballots used a federal law to justify decision in a state issue It was a weird case becuase the court was conservative and decided liberally

McConnel v FEC

2003 SC upheld restrictions in FEC......Freedom of Speech and Press: Upheld two decisions in McCain- Feingold, including electioneering communication provisions and the "soft money" ban.

CItizens United v FEC

2010 U.S. corporations could now participate in campaigns through independent expenditures. Corporations still could not cooperate directly with candidates by giving hard money donations but they could advocate for political positions using their resources to buy media time. The Court argued that the same rights as individuals protect corporations. Opponents, however, worried that corporate money could swing electoral outcomes in ways that would advantage the privileged.

Shelby County v. Holder

2013 rolled back preclearance supreme court

McCutcheon v FEC

2014 court struck down aggregate limits on what an indiv may contribute during a 2-year period to all candidates, parties and PACs, enables greater donations

Engel v. Vitale (1962)

22 WORD NON-DENOMINATIONAL PRAYER IN SCHOOL IS UNCONSTITUTIONAL, SEPARATION OF CHURCH AND STATE

Qualifications of HOUSE

25 years old. Citizen for 7 years, live in state (not necessarily district)

how many electoral votes does a candidate need to win the presidency? plurality or majority?

270 both!

under articles ______ departments in bureauc

3 doreign affairs war treasury

Qualifications of SENATE

30 years old, citizen for 9 years, live in state

Changing population and sizedelete

4 million at time of ratification white, protestant, English speaking one representative for every 30,000 people Over 300,000,000 now one representative for every 736,000 do citizens feel far removed from national government? Does House truly represent "the people" as it did during the founding?

term

4 year with eligibility for reelection GW standardized 2 terms

Size/Membership of HOUSE

435 members, based on population (VA Plan) 241 Republicans, 194 Democrats 6 Non Voting Members (not included in 435)

Civil Rights Cases (1883)

5 SEPARATE CASES BASED ON CONVICTIONS OF PEOPLE FOUND TO VIOLATE CIVIL RIGHTS ACT OF 1883, COURT RULED THAT CONGRESS COULD ONLY PROHIBIT PRIVATE DISCRIMINATION IN PUBLIC ACCOMMODATION, REINFORCED JIM CROW, AND NEGATED 15TH AMENDMENT

electors

538 (270 to win) number of electors per state is adjusted every 10 years bc census

The Characteristics and Motives of the Framers

55 delegates selected by state legislators work done primarily behind closed doors George Washington (elected as presiding officer) wanted to keep everything under wraps tough for Ben Franklin, especially when liquor was involved at evening meals

Miranda v. Arizona (1966)*

5TH AMENDMENT REQUIRES THAT INDIVIDUALS ARRESTED FOR A CRIME MUST BE ADVISED OF RIGHT TO SILENT AND HAVE COUNSEL PRESENT

Due Process Clause

5TH AND 14TH AMENDMENTS, GUARANTEES RIGHTS FROM ECONOMIC LIBERTY TO CRIMINAL PROCEDURAL RIGHTS TO PROTECTION FROM ARBITRARY GOVERNMENT ACTION.

Provides due process protections that protect the rights of the accused

5th amendment

Terms in SENATE

6 year term, 1/3 of senate elected every 2 years (never two from the same state). May serve unlimited terms.

cloture

61 votes to end filibuster

Federalist Papers

85 articles written 1787-1788 appeared in NY papers where ratification was doubtful written by Hamilton, Jay, and Madison explanation for what framers intended for Constitution

public funds in general election

<$20 million lump-sum payment in general election sole source for campaign many refuse because they can raise more on their own third parties can too

Strict Scrutiny

A HEIGHTENED STANDARD OF REVIEW USED BY THE COURT TO DETERMINE THE CONSTITUTIONAL VALIDITY OF A CHALLENGE PRACTICE

Borked

A HIGHLY POLITICAL CONFIRMATION HEARING

Near v. Minnesota (1931)

A STATE LAW RESTRICTING SPEECH (MALICIOUS SPEECH) VIOLATED FREEDOM OF THE PRESS

Joint Committees

A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.

Providing for the Common Defense

A major weakness in Articles of Confederation President is Commander in Chief Congress can raise an army

Party Caucus

A meeting of the members of a party in a legislative chamber to select party leaders and to develop party policy. Called a conference by the Republicans.

Closed Rule

A procedural rule in the House of Representatives that prohibits any amendments to bills or provides that only members of the committee reporting the bill may offer amendments.

Search Incident to Arrest

A search is reasonable, and a search warrant is not required, if a search is conducted as an incident to a lawful arrest. Under this exception to the search warrant requirement, an arresting officer may search only the person arrested and the area within which that person might gain possession of a weapon or might destroy or hide evidence.

gender gap

A term that refers to the regular pattern by which women are more likely to support Democratic candidates. Women tend to be significantly less conservative than men and are more likely to support spending on social services and to oppose higher levels of military spending.

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.

Loose Interpretation/Living Document

ADAPT CONSTITUTION TO MODERN DAY, DOESN'T NECESSARILY MEAN WHAT IT MEANT WHEN IT WAS WRITTEN

Missouri Compromise of 1820

ADMITTED AS A SLAVE STATE IN 1820, TITLED SENATE IN FAVOR OF SLAVERY, RULED UNCONSTITUTIONAL BY DRED SCOTT

Weeks v. US (1914)

ADOPTED EXCLUSIONARY RULE, POLICE SHOULD NOT BE ABLE TO USE FRUITS OF A POISONOUS TREE

en banc

ALL JUDGES IN A CIRCUIT WOULD SIT TOGETHER TO DECIDE THE CASE IN A MAJORITY VOTE

Emancipation Proclamation

ALL SLAVES IN STATES STILL ACTIVE IN REBELLION AGAINST US WERE FREED ON JAN 1, 1863; ONLY FREED SLAVES IN THE CONFEDERACY, 13TH AMENDMENT IN 1865 DID FREE ALL SLAVES

Nineteenth Amendment

AMENDMENT TO THE CONSTITUTION THAT GUARANTEED WOMEN THE RIGHT TO VOTE, WOMEN'S GROUPS DISINTEGRATED

Gideon v. Wainwright (1963)*

AN ATTORNEY WILL BE PROVIDED IF YOU CANNOT AFFORD ONE/are indigent

Suffrage

ANTHONY AND STANTON FORMED NATIONAL WOMAN SUFFRAGE ASSOCIATION, 15TH AMENDMENT DID NOT GUARANTEE A VOTE BUT IT GUARANTEED NO DISCRIMINATION BASED ON COLOR

Describe the debate over whether to include a Bill of Rights in the Constitution.

ANTIFEDERALISTS FEARED THAT A NATIONAL GOVERNMENT WITHOUT A BILL OF RIGHTS WOULD BE TOO POWERFUL. FEDERALISTS ARGUED THAT IT WASN'T NECESSARY. MADISON (ANTI-FED) ARGUED THAT IF RIGHTS WERE ENUMERATED, THEY WOULD BE THE ONLY RIGHTS GIVEN.

Court of Appeals and Jurisdiction

APPEALS ONLY, DC COURT HEARS DC PROBLEMS, CAN BECOME EN BANC,FIX ERRORS IN LOWER COURTS, NO NEW TESTIMONY, BRIEFS

District Courts and Jurisdiction

AT LEAST ONE PER STATE, ORIGINAL JURISDICTION, PRESENT A FEDERAL QUESTION, CIVIL SUITS OF DIFFERENT STATES OR $75K

Attitudinal Model

ATTITUDES TOWARD CASES BASED ON PARTY OF HIMSELF, PARTY OF APPOINTING PRESIDENT, LEANINGS OF JUSTICE

Jurisdiction

AUTHORITY VESTED IN A COURT TO HEAR AND DECIDE THE ISSUES IN ANY CASE

Unfinished Business Affecting the Executive Branch during Articles

Agreement about one executive Shays's Rebellion illustrated dangers of vote in hands of lower class 4 year terms instead of 7 executive could be reelected

Classical liberalism

Aim of politics to preserve idiv rights and MAXIMIZE FREEDOM OF CHOICE ex. Libertarians

Origination of revenue clause

All bills to raise revenue originate in the house but senate may propose or concur with amendments on other bills

Lemon v. Kurtzman (1971) claire

Allowed state to provide textbooks and busing to students attending private religious schools; established three part tat to determine if establishment clause is violated

populist

Also known as the People's Party, this third party, formed in 1892, played a role in left-wing politics before merging with the Democratic Party in the realigning election of 1896. It had the support of farmers, was critical of capitalism, and was allied with labor movements.

24th Amendment

Amendment to the U.S. Constitution (1964) eliminated the poll tax as a prerequisite to vote in national elections.

Universal beliefs about USA

American Dream Family Education Democracy Would rather live in USA

Logrolling

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

Cup and Saucer

Analogy House=passion of people (cup) Senate responds with reason (saucer)

lame duck session

Any session of Congress that occurs after a national election and before the new Congress has convened

linkage insitution

Anything, like a political party, election, the media, or interest groups, that connects people to government is considered to be a....

major Constitutional differences between the House and the Senate

Article I, §1 terms, qualifications, representation, and election cycles between House and Senate

Guarantee Clause

Article IV The United States shall Guarantee to Every State in the Union a Republican Form of Government

Full Faith and Credit Clause

Article IV judicial decrees and contracts will be binding in other states (ex. violence against women act requireds full faith and credit tot protective orders). One state court must honor judgements of other state courts

Privileges and Immunities Clause

Article IV: Citizens of each State entitled to all Privileges and Immunities." Interpreted to limit the ability of a state to discriminate against out-of-staters with regard to fundamental right or important economic activities.

Formal Methods of Amending the Constitution

Article V sets out a two-stage amendment process proposal and ratification there are two ways to accomplish both stages

Critical years

Articles 1781-1789 Chaotic Debt from ear but congress can't require states to pay so congress coined money but so did states=chaotic Congress can't regulate congress No exec branch Poor central govt and states disobeyed treaty of Paris There was a president, JOHN HANSON

Inherent Powers

Authority claimed by the president that is not clearly specified in the Constitution. Typically, these powers are inferred from the Constitution.

Behavioral Model

BACKGROUND

13th Amendment

BANNED ALL FORMS OF SLAVERY, SOUTHERN STATES WERE FORCED TO RATIFY THIS AMENDMENT AS CONDITION FOR READMISSION TO UNION

Alien and Sedition Acts

BANNED CRITICISM OF GOVERNMENT BY FEDERALISTS

Equal Access Act

BARS SCHOOLS FROM DISCRIMINATING AGAINST GROUPS OF STUDENTS BASED ON RELIGIOUS, POLITICAL, PHILOSOPHICAL, OR OTHER CONTENT OF SPEECH

6th Amendment

BASIC REQUIREMENTS OF PROCEDURAL DUE PROCESS FOR FEDERAL COURTS TO FOLLOW IN CRIMINAL TRIALS, SPEEDY AND PUBLIC TRIAL, IMPARTIAL JURY, TRIAL IN STATE WHERE COMMITTED, NOTICE OF CHARGE, RIGHT TO CONFRONT AND OBTAIN FAVORABLE WITNESSES, RIGHT TO COUNSEL

Brady Bill

BECAUSE OF ATTEMPTED ASSASSINATION OF REAGAN, 5-DAY WAITING PERIOD ON PURCHASE OF ALL HANDGUNS

9th Amendment

BILL OF RIGHTS DOES NOT ONLY GRANT SPECIFIC RIGHTS ADDRESSED ABOUT THE PEOPLE

Tinker v. Des Moines ISD (1969)

BLACK BANDS PROTESTING VIETNAM WAR ARE PROTECTED AS SYMBOLIC SPEECH

Litigate

BRINGING SOMEONE TO COURT

Writ of Certiorari

BRINGING UP THE CASE RECORDS FROM LOWER COURTS

Federal Flag Protection Act of 1989

BURNING A FLAG IS CONSTITUTIONAL

Warren Court case that decided Congressional districts must be equal in population and initiated a new interpretation of the political questions doctrine

Baker v. Carr

Purpose of elections

Ballot>Bullet Gives govt legitimacy and fills positions Govt is accountable Winner can claim a mandate

Legislative Process

Bill passed to a house of congress; bill gets majority of votes in both houses; president can then pass bill into law or veto it. If vetoed, bill must attain 2/3 majority in both houses to become law.

State of The Union

Bully of the pulpit to influence the public Much more political nowadays

No Child Left Behind

Bush federal intrusion into local issue on edu (preemption) from supremacy clause

Supreme Court Cases that expand national power

Bush v Gore Family and Medical Leave Act in 2002

Example of measuring public opinion

Bush v Gore voters wanted a recount but Bush supporters didn't

Sedition Laws

CAN'T SPEAK AGAINST GOVERNMENT

Privacy and Homosexuality

CANNOT CRIMINALIZE PRIVATE SEXUAL BEHAVIOR

Capital Case

CASE WERE DEATH PENALTY IS POSSIBLE

Original Jurisdiction of the Supreme Court

CASES INVOLVING AMBASSADORS, MINISTERS AND CONSULS, STATES AS A PARTY, SIGNIFICANT FEDERAL QUESTION

Suspect Classification

CATEGORY OR CLASS, SUCH AS RACE, THAT TRIGGERS THE HIGHEST STANDARD OF SCRUTINY FROM THE SUPREME COURT

cheif executive

CEO of federal govt assumes successes and failures for time as pres makes pres more energetic-does it hinder other branches? appoints top positions of exec branch

Peremptory Challenge

CHALLENGE A JUROR WITHOUT CAUSE

US Attorney

CHIEF LAW ENFORCEMENT OFFICER, NOMINATED BY PRESIDENT, EACH DISTRICT HAS ONE, ARGUES ON BEHALF OF FEDERAL GOVERNMENT

Civil Law

CODES OF BEHAVIOR RELATED TO THE PROTECTION OF PROPERTY AND INDIVIDUAL SAFETY, REGULATED INVIDIUAL CONDUCT REGULATED BY STATE AND NATIONAL GOVTS, NOT A THREAT TO SOCIETY SO PEOPLE WHO FEEL THEY HAVE BEEN WRONGED MUST BRING THE CASE ON THEIR OWN

Criminal Law

CODES RELATED TO THE PROTECTION OF PROPERTY AND INDIVIDUAL SAFETY, GOVERNMENT IS PLAINTIFF

List three checks that Congress has over the judicial branch, and one the President has.

CONGRESS CAN ALTER JURISDICTION, CONGRESS CAN PROPOSE AMENDMENTS THAT MAKE PRIOR RULINGS WORTHLESS, IMPEACH FEDERAL JUDGES, CONFIRMS APPOINTMENTS

Schenk v. US (1919)

COURT *UPHELD ESPIONAGE ACT OF 1917*, SAYING CONGRESS HAD RIGHT TO RESTRICT SPEECH OF A NATURE AS TO BRING ABOUT *CLEAR AND PRESENT DANGER*

Swann v. Charlotte-Mecklenburg School District (1971)

COURT RULED ALL DE JURE DISCRIMINATION (BY LAW) MUST BE ELIMINATED

Dred Scott v. Sandford (1857)*

COURT RULED DRED SCOTT UNCONSTITUTIONAL BASED ON GEOGRAPHICAL BOUNDARIES OF SLAVERY ALSO RULED SLAVES WERE NOT US CITIZENS AND THUS COULD NOT BRING SUITS IN FEDERAL COURT

Brandenburg v. Ohio (1969)

CREATED A TEST TO REPLACE THE CLEAR AND PRESENT DANGER TEST (direct incitement test)

Equal Employment Opportunity Commission

CREATED BY CIVIL RIGHTS ACT OF 1964

Plessy v. Ferguson (1896)*

CREATED SEPARATE BUT EQUAL DOCTRINE

Stogner v. CA.

California passed a law to give police the chance to revive sexual child abuse cases if the investigation is at least one year after the report. Supreme Court overturned his indictments, saying *CA cannot retroactively extend statute of limitations for sexual abuse of minors.*

What role does population and the census play in the House?

Census Apportionment Redistricting Marginal District Majority Minority Districts

Secure the Blessing of Liberty

Citizens are free to criticize and petition government

Civil society

Citizens can debate about public policy Cornerstone of rep govt (ex. can contact your representative)

15th Amendment

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

How Do Demographics Influence American Politics?: Redefining Expectations

Civil War and slavery and amendments, for example The Great Depression and New Deal Watergate and ethics laws 9/11 and civil liberties limits

Committee on Committees/Steering Committees

Committees formed in each party conference and responsible for nominating the party's Senators to committee membership and committee leadership positions. Nominations are subject to approval by the full party conference and to a formal vote of the Senate. decides who' on what committee and leadership

Describe historical writings that have affected public opinion.

Common sense-claimed right to revolution Fed papers-reasons for Constitution

Electoral college

Compromise in electing president Electors selected by state System of elitism

Oversight

Congress and Court have authority to oversee government behavior is within the law.

Categorical Grant

Congress appropriates money for a specific purpose (precise a formula set by national governemnt fo how states spend it)

ex post facto law

Congress may not do this. A law that punsihed people for actions that happened before the behavior was made criminal.

bill of attainder

Congress may not do this. Laws that punish people guilty of a crime and sentence them to prison without a trial.

Lovett v. US in 1943

Congress passed a rider to Wartime Urgent Deficiency Appropriation of 1943 that forbid the executive branch of paying three employees whom Congress had deemed to have committed "subversive activities." Withholding the salary as a punishment before a trial was a bill of attainder.

Congressional Oversight of Executive

Congress reviews the work of federal agencies. The Senate also has the role of approving nominees for all positions in the federal court system and the president's nominees. Budgetary process (power of the purse), Committee hearings Confirmation or rejection of political appointments, Investigations, New legislation, Legislative veto Must describe the context in which Congress uses the method to oversee the executive branch

Great compromise

Connecticut compromise Everybody gets 2 in house Popu rep in senate House originates all revenue bills Checks and balances National power > states

Interstate Compacts:

Contracts between states that carry the force of law; generally now used to address multi state policy concerns From Article 1: "No State shall, without consent of Congress enter an Agreement or Compact with another state." (Interstate Compact Clause) More common today. Over 200 of them Ex: Drivers' License Compact nationwide recognition of licenses issued in respective states Emergency Management Assistance Compact states cooperate and share resources in event of natural or man made disaster

Will third parties endure?

D and R dont want to share funding is bad media pays little attention hard to get to debates difficult to get on ballot cant win syndrome- people doont vote bc the third party wont win

Disturbance Theory

D. Truman's interest groups and resources scarce=competition

Furman v. Georgia (1972)* and Gregg v. Georgia (1976)

DEATH PENALTY ARBITRARY (FURMAN) DEATH PENALTY REINSTATED (GREGG)

Heart of Atlanta Motel v. U.S. (1964)

DID CONGRESS EXCEED COMMERCE CLAUSE BY PASSING TITLE II OF THE 1964 CIVIL RIGHTS ACT Y DEPRIVING MOTELS THE RIGHT TO CHOOSE THEIR CUSTOMERS? NO, CONGRESS CAN SAY YOU CAN'T CHOOSE CUSTOMERS

Regulating Internet Content

DIFFICULT, COMMUNICATIONS DECENCY ACT (PROHIBITED TRANSMISSION OF OBSCENE MATERIAL TO ANYONE UNDER AGE OF 18 ONLINE, UNCONSTITUTIONAL), CHILD ONLINE PROTECTION ACT (BROADENED DEFINITION OF PORNOGRAPHY, OVERRULED BY APPEALS COURT), CHILDREN'S INTERNET PROTECTION ACT (BLOCKED, PUBLIC LIBRARIES CANNOT ALLOW MINORS TO SURF WEB WITHOUT ANTI-PORN FILTERS)

superdelegates

DNC party officials (Dem Govrs, Members of House and Senate) used to give convention more stability. they are poltical pros and smart and vote for the nom w/ best chance. impact us debatable, 700 of them can change vote/committance

MOST COMMON CLAUSE TO PROTECT CIVIL LIBERTIES

DUE PROCES

Ensuring Domestic Tranquility

Debate between privacy and security Ex. Bradley Manning; Edward Snowden

Delegate Theory

Delegates see themselves as the agents of the people who elected them. They believe that they should discover what "the folks back home" think about an issue and vote that way.

One of the most important roles played by political parties is to provide voters with clear cut labels.

Democrats -liberal interests and Republicans -conservative interests. Liberals look toward making changes. Government to take an active role in the economy. Prefer the government to stay out of moral questions. Conservatives encourage government to respect the free enterprise system by staying out of the economy. Traditional values.

Inherent powers

Derived/inferred president powers

Mercantilism

Develop a country's wealth develop a commercial industry Develop a favorable balance of trade (exports exceed imports)

17th amendment

Direct Election of Senators

constitution

Doc founding structure of a govt

Rule of law

Don't break unalienable rights

Popular consent

Draw power from people

Cases under Roger Taney

Dred Scott v Sandford Plessy v Ferguson

Vetting Process

ENSURE THEY WERE QUALIFIED, THROUGH CONGRESSIONAL HEARINGS

14th Amendment

EQUAL PROTECTION, DUE PROCESS, STATES COULD NOT ABDICATE PRIVILEGES OR IMMUNITIES OF CITIZENSHIP OR DEPRIVE THEM OF LIFE, LIBERTY, PROPERTY, ADDED MALE TO CONSTITUTION FOR THE FIRST TIME

Marbury v. Madison (1803)

ESTABLISHED JUDICIAL REVIEW ON NATIONAL BASIS

Inevitable Discovery

EVIDENCE ILLEGALLY SEIZED MAY BE INTRODUCED IF IT WOULD HAVE BEEN DISCOVERED ANYWAY IN THE COURT OF CONTINUING INVESTIGATION

Trial Court

EVIDENCE, FACTS OF CASE PRESENTED

Good Faith Exceptions to Exclusionary Rule

EXCEPTIONS: UNKNOWN INVALID WARRANT, INEVITABLE DISCOVERY

8th Amendment

EXCESSIVE BAIL SHALL NOT BE REQUIRED, NOR EXCESSIVE FINES IMPOSED, NOR CRUEL AND UNUSUAL PUNISHMENT INFLICTED

direct popular election

Each vote counts nationwide - eliminates electoral college

Amendments Proposed Annually

Equal Rights Amendment Flag Burning Allow School Prayer Federal GOvernment to balance Budget

Formal Amendment Example

Equal Rights Amendment-equality given to all sexes. ratified by 35/38 states :'(

New jersey plan

Equal rep Strengthen (not replace articles) One house legislature Weaken national govt

Equal Rights Amendment

Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. 35 out of 38 needed states Introduced every year in Congress between 1923 and 1972, finally formally proposed in 1972 Still brought up every year in Congress

features of democracy

Establish justice Ensure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty

Article 2

Executive Branch four year term Electoral College qualifications for office mechanisms to replace president in case of death, disability, removal natural born citizen clause (for the president) powers of president commander in chief, make treaties with consent of Senate, make appointments state of the union-priorities, bully pulpit impeachment for "Treason, Bribery, or other high Crimes and Misdemeanors" Gives pres opportunity to be ENERGETIC for publicity

__________ grew bureaucracy the most

FDR

great depression

FDR created so many agencies to regulate business and econ. Marks shift of govt involvement, but many now consider this the govts job

bully pulpit

FDR's term for belief that he can use the media to get his message out to the public, to shape the public debate

chrono order

FECA PACs BCRA Super PACs

Voting Rights Act of 1965

FEDERAL AUTHORITY TO PROTECT RIGHT OF AFRICAN AMERICANS TO VOTE, *ELIMINATED LITERACY TESTS, CHALLENGED POLL TAXES, IMPLEMENTED PRECLEARANCE*

11th Amendment

FEDERAL COURTS COULD NOT EXTEND SUIT AGAINST A CITIZEN OF ANOTHER STATE

Three Tiered System

FEDERAL DISTIRCT COURTS, CIRCUIT COURTS, SUPREME COURT

FECA

FEDERAL ELECTION CAMPAIGN ACT huge impact on campaign finace 1971 created FEC strengthened disclosure laws bans campaign contributions from corporations and labor set up PACs-heaavily reuglated created a presidential election campaign fund

Dual System of Courts

FEDERAL LEVEL AND STATE LEVEL

Federalist and Antifederalist View on Judiciary

FEDERALISTS THINK THE JUDICIARY IS NECESSARY AND NOT DANGEROUS. THE ANTI FEDERALISTS THINK THE LIFE TERMS ARE TOO POWERFUL.

Privacy and Abortion

FETAL VIABILITY IN THIRD TRIMESTER, STATES CAN LIMIT ABORTIONS AS LONG AS THEY DON'T PLACE AN UNDUE BURDEN ON THE MOTHER

Symbolic Speech

FIRST AMENDMENT IS EXTENDED TO SYMBOLIC SPEECH

John Jay

FIRST CHIEF JUSTICE,

Bill of Rights

FIRST TEN CONSTITUTIONAL AMENDMENTS. TO PLEASE THE ANTI-FEDERALISTS. CREATED A NATIONAL UNITY. ONLY APPLIED TO NATIONAL GOVERNMENT AT FIRST. MOST STATE CONSTITUTIONS CONTAINED PROTECTIONS OF LIBERTIES ALREADY. RATIFIED IN 1791

Freedom of Information Act (FOIA)

FOIA was passed to assure that *Executive Branch agencies would be required to disclose their actions to the people upon request.* In an open democracy there is little room for secrets.

Title VII of Civil Rights Act of 1964

FORBIDS DISCRIMINATION BASED ON SEX

Rule of Four

FOUR JUSTICES MUST APPROVE TO HEAR THE CASE

Amicus Curiae

FRIEND OF THE COURT, ARGUMENTS FROM SOMEONE OR A GROUP OUTSIDE OF THE CASE

Clear and Present Danger Test

FROM SCHENCK V. US, DRAWS LINE BETWEEN PROTECTED AND UNPROTECTED SPEECH,

Exclusionary Rule

FROM WEEKS, JUDICIALLY CREATED RULE THAT PROHIBITS POLICE FROM USING ILLEGALLY SEIZED EVIDENCE AT TRIAL

Vouchers

FROM ZELMAN V. SIMMONS-HARRIS, GOVERNMENTS CAN GIVE MONEY TO PARENTS TO ALLOW THEM TO SEND THEIR CHILDREN TO PRIVATE OR RELIGIOUS SCHOOLS (AKA VOUCHERS)

Changing Family and Family Size

Families smaller changing roles within the family breadwinner and homemaker, etc more single parent households

Madison's response to the anti-fed's response to the Fed Papers

Federalist 10

Necessary and Proper Clause

Final paragraph of Article 1 congress has authority to pass all laws necessary and proper to carry out enumerated powers aka elastic clause

Autocracy

Form of government where the ruler or rulers hold total power.

Unitary Government

Framers hoped to avoid a unitary government--> local an regional governments derive all power from strong national government (ex. Britain)

ratifying conventions

Framers required all states to call special ratifying conventions to consider the proposed Constitution From fall of 1787 to summer of 1788, Constitution was hotly debated around the country many feared massive changes that new system would bring Wealthy merchants, lawyers, bankers, and those who believed new nation could not exist under the Articles of Confederation supported ratification For James Madison, the essential question was: "Whether or not the Union shall or shall not be continued

Which philosophies/philosophers helped shape American democracy?

Framers studied classical Athenian democracy and Roman republics and The Reformation and the Enlightenment and Mayflower Compact

Reason for the Constitution

Framers were looking to create mechanism to solve conflicts in orderly and peaceful manner Debate about how much freedom one has to give up in order to do that is complex Functions all outlined in the Preamble to the Constitution American colonists favored less centralized power as a reflex to the monarchy of GB

Social contract theroy

Free and equal by God-given right. Gives consent to people to be governed. Converts people to political society instead of natural state. Right of revolution exists

Personal Liberty

Free from government intrusions, as well as equal government protections "one person, one vote"

What are the basic features of American democracy?

Functions of Government - all stated in Preamble

Homeland Security

G. W. Bush after 9/11 which increased Federal Govt (bureaucracy)

New Federalism ended with _____

G. W. Bush. He campaigned to do so but 9/11 caused him to send emergency money to states to help with budget downfalls

Direct Incitement Test

GOVERNMENT CAN ONLY PUNISH ADVOCACY OF ILLEGAL ACTIVITY IF IT INCITES OR PRODUCES ILLEGAL ACTIVITY, MUCH HARDER TO PROVE THAN CLEAN AND PRESENT DANGER (from brandenburg v. ohio)

Civil Rights

GOVERNMENT PROTECTED RIGHTS OF INDIVIDUALS AGAINST ARBITRARY OR DISCRIMINATORY TREATMENT BY GOVT OR INDIVIDUALS BASED ON RACE, SEX, NATIONAL ORIGIN, AGE, RELIGION, SEXUAL ORIENTATION

Civil Rights Act of 1875

GRANTED EQUAL ACCESS TO PUBLIC ACCOMMODATION, AFRICAN AMERICANS COULD NOT BE EXCLUDED FROM JURY

Elitism

Generalization that nearly all political power is held by a small and wealthy group sharing similar values and interests mostly from privileged backgrounds In beginning, laws seemed to favor property owners. Voting was reserved for the "best and the brightest." A republican form of government was established so that the privileged class would oversee a commonwealth of the people. As time evolved, however, more and more citizens began to demand greater rights and privileges.

23rd amendment

Gives Washington DC electoral college votes as if it were a state (DC still has no representation in Congress)

Aristocracy

Government by the few who rule in general interest Aristotle made the distinction between the two terms.

Democracy

Greek: people, power Power given to people - direct Power given to people's elected representatives - indirect Greeks and Rousseau thought this form of government was not democracy

Hyperplyralism

Groups are so strong that govt is weakened

Pluralism

Groups, not the people, govern the United States Unions, trade and professional associations, environmentalists, civil rights activists, business and financial lobbies, formal/informal coalitions A good competition between groups.

Solicitor General

HANDLES ALL APPEALS ON BEHALF OF US TO SUPREME COURT

Centralized, powerful leadership

HOUSE

Emphasis on tax and revenue policy

HOUSE

Members highly specialized

HOUSE

More formal and structured debate

HOUSE

Originate all revenue bills (origination clause)

HOUSE

Represent people!

HOUSE

Jurisprudence

HOW A JUSTICE DECIDES A CASE (LIKE A LIVING DOCUMENT OR ORIGINALIST PERSPECTIVE)

Classification

HOW THE GOVERNMENT DRAWS A DISTINCTION AMONG PEOPLE, THE LAW DRAWS A DISTINCTION BASED ON A PARTICULAR CHARACTERISTIC (EX. A LAW THAT SAYS ONLY THOSE 16 AND OLDER CAN HAVE DRIVERS LICENSES IS A FACIAL CLASSIFICATION)

Roles of the President

Head/Chief of State Chief Executive Commander-in-Chief Chief Diplomat Chief Legislator Party Leader

Voting Patterns

Hispanics are overwhelmingly Dem except Cuban Amer Asian Amer are less monolithic (Chinese are Dem, Asians favor Dems 60% Rep 40%, Vietnamese are Rep) Women are Dem (Gender 5-7%) Poor vote Dem

Political efficacy

How well you can affect politics with your vote (higher efficacy = better) we want everyone to vote but turnout is low in US

Dissenting Opinions

I DISAGREE WITH THE DECISION, LITTLE LEGAL VALUE BUT REVEAL THINKING OF COURT

Nomination Criteria

IDEOLOGY, REWARDS, PURSUIT OF POLITICAL SUPPORT, RELIGION, RACE, ETHNICITY, GENDER, COMPETENCE

Super PAC

IEOC exist after citizens Citizens United case raise and spend unlimited sums for independent expenditures independent of candidates can be related to an interest group though

Warrantless Searches

IF POLICE SUSPECT SOMEONE COMMITTING A CRIME, OR ABOUT TO COMMIT A CRIME, POLICE CAN STOP AND FRISK WITH REASONABLE SUSPICION, ALSO IF CONSENT IS GIVEN

Craig v. Boren (1976)

IMPLEMENTED JUDICIALLY CREATED INTERMEDIATE STANDARD OF REVIEW A STEP BELOW STRICT SCRUTINY, CREATED A NEW TIER TO AN ALREADY TWO TIER SYSTEM

Criteria for Effective Implementation

IMPLEMENTING POPULATION MUST UNDERSTAND THE DECISION AND ENFORCE IT. CONSUMER POPULATION MUST FOLLOW THE DECISION

McDonald v. Chicago

INCORPORATED RIGHT TO BEAR ARMS

5th Amendment

INDICTMENT BY GRAND JURY,PROTECTION AGAINST SELF-INCRIMINATION, PREVENTS GOVERNMENT FROM DENYING LIFE, LIBERTY, PROPERTY WITHOUT DUE PROCESS

Fighting Words

INFLICT INJURY OR TEND TO INCITE IMMEDIATE BREACH OF PEACE

Public Opinion

INFLUENCED BY PUBLIC OPINION, INFLUENCE PUBLIC OPINION (KOREMATSU V. US, FOR EXAMPLE)

Incorporation Doctrine

INTERPRETATION OF THE CONSTITUTION THAT HOLDS THAT DUE PROCESS CLAUSE OF THE 14TH AMENDMENT REQUIRES THAT LATE AND LOCAL GOVERNMENTS ALSO GUARANTEE THOSE RIGHT

Civil Rights Act of 1866

INVALIDATED SOME BLACK CODES, FIRST CONGRESSIONAL OVERRIDE (ANDREW JOHNSON), THE ACT MADE AFRICAN AMERICANS CITIZENS OF THE US

The Reformation and the Enlightenment: Questioning the Divine Rights of Kings

Idea that fate alone gave absolute authority was challenged during the Renaissance 16th and 17th century - Protestants or Puritans rejected divine right and were persecuted

congressional budget office (CBO)

If you are not sure how accurate a bill's budgeting looks, contact the non-partisan... for more details.

congressional research service (CRS)

If you have a research question on legal issues or past precedent, contact the ...

General Accountability Office (GAO)

If you want a legal opinion about a bill or any other issue, contact the...

Necessary and proper clause

Implied powers Elastic clause The very end of article one Have congress necessary and proper power to carry out enumerated powers

Representative democracy synonym

Indirect democracy Republic

Judicial Activism

JUDGES SHOULD USE POWER TO BROADEN JUSTICE FOR EQUALITY AND PROTECTION overturn a law by and elected official

Judicial Restraint

JUDICIARY SHOULD LET OTHER BRANCHES HANDLE ISSUES CONCERNING THAT BRANCH. JUDICIARY SHOULD FOLLOW FRAMER'S INTENT. DON'T TAKE COURT SO SERIOUSLY BECAUSE THEY CAN'T ENFORCE THE DECISION. JUDGES ARE NOT ELECTED SO WHY SHOULD THEY INFLUENCE LEGISLATION? uphold a law

Original Jurisdiction

JURISDICTION TO HEAR A CASE, USUALLY A TRIAL COURT, COURTS DETERMINE FACTS AND VIEW EVIDENCE, MOST CASES END HERE

seriatim

JUSTICES GIVING OPINIONS IN A SERIES, INDIVIDUALLY

Strategic Model

JUSTICES WEIGH THEIR OPINIONS AGAINST OTHER JUDGES TO HAVE THEIR OPINION ADOPTED BY THE WHOLE COURT

Tenure

JUSTICES WILL HAVE LIFE TENURE WITH GOOD BEHAVIOR

Federalist No. 2

John Jay talks about how people are all the same (religion, government, ancestors, etc.) America is a lot more diverse today

Supreme Court was initally seen as weak until...

John Marshall

Informal Methods of Amending the Constitution

Judicial Interpretation Basic Legislation Executive Action Party Practices Custom Social and Cultural Change

Major Committees in SENATE

Judiciary, Appropriations, Foreign Affairs, Armed Services, Finance

Ratification Day of Constitution

June 21, 1788 New Hampshire was 9th/13 Massachusetts called for Bill of Rights as it ratified VA and NY had not ratified (40% of popu (Hamilton in NY and Madison in VA) NC rejected Constitution

Ratifying the Constitution

June 21, 1788, NH became the 9th state to ratify VA and NY had yet to ratify - 40% of US population Those states needed to ratify. Both eventually ratified, but also called for bill of rights Eventually, Bill of Rights was added

List some Supreme Court justices whose ideological leanings were something of a surprise.

KENNEDY AND O'CONNOR WERE MORE LIBERAL THAN EXPECTED

Litmus Test

KEY ISSUES THE PRESIDENT WOULD LIKE A NOMINEE TO AGREE WITH THE PRESIDENT ON

Actual Malice

KNOWING DISREGARD FOR THE TRUTH

Statute

LAW PASSED BY A LEGISLATIVE BODY; STATUTES GIVE FEDERAL COURTS JURISDICTION

Black Codes

LAWS DENYING MOST LEGAL RIGHTS TO NEWLY FREED SLAVES; PASSED BY SOUTHERN STATES FOLLOWING CIVIL WAR; EMPOWERED LOCAL LAW ENFORCEMENT TO ARREST UNEMPLOYED BLACKS, FINE BLACKS FOR VAGRANCY (HOMELESSNESS), HIRE BLACKS OUT OUT TO EMPLOYERS TO SATISFY FINES

Jim Crow Laws

LAWS ENACTED BY SOUTHERN STATES THAT DISCRIMINATED AGAINST BLACKS BY CREATING WHITES ONLY SCHOOLS, THEATERS, HOTELS, AND PUBLIC ACCOMMODATIONS

The Feminine Mystique (1963)

LED WOMEN TO QUESTION THEIR STATUS, BETTY FRIEDAN-

Test Cases

LEGISLATIVE CHANNELS WOULD NOT WORK SO FEDERAL COURTS AND A LONG-RANGE LITIGATION STRATEGY WERE USED. TEST CASES WERE PART OF THE LITIGATION STRATEGY, USE STRATEGIC LITIGATION TO TEST CONSTITUTIONALITY OF DISCRIMINATORY POLICY AND ESTABLISH PRECEDENT

Roe v. Wade (1973)

LIBERALIZED ABORTION LAW, BAD JUDICIAL ACTIVISM BECAUSE IT OVERTURNED SOMETHING BUT SHOULD IT HAVE LEFT THE POLICY TO OTHER BRANCHES? LIBERALIZED ABORTION, ABORTION IS LEGAL VIA RIGHT TO PRIVACY

Problems with Political Labels

Labels can be misleading Predictions about political behavior challenging

Confeseration

League of loosely aligned states

pork barrel legislation

Legislation giving benefits to constituents through sometimes unnecessary of unwise projects within a state or district, to enhance a memeber's chance of reelection. Useless things but makes a certain district happy.

Specific Checks and Balances

Legislative-confirms rejects appointments by executive (including judges); can impeach president; can override presidential veto with 2/3 Executive- can veto legislation; appoints federal judges Judicial- can declare acts of the legislative or executive branch to be unconstitutional; Chief justice presides over impeachment trial of president

Rousseau

Less centralized power like Locke Favored direct democracy Reflex to monarchy of england the Social Contract

Population is aging

Life expectancy, fertility rates all chaning What does this greying mean in terms of policy? Medicare, Social Security, etc. These changes are reflected in the labels given to different generations

Describe what went wrong in the 1936 Literary Digest poll.

Literary Digest - 2 mill responses, subscribers/telephone and automobile owners (Landon 57%, Roosevelt 43%

26th Amendment

Lowered the voting age from 21 to 18

Espionage Act of 1917

MADE IT ILLEGAL TO URGE RESISTANCE TO THE DRAFT AND TO PUBLISH ANTI-WAR LEAFLETS

Judiciary Act of 1789

MADE THE COURTS POLITICAL, ESTABLISHED THREE-TIERED SYSTEM FEDERAL DISTRICT COURTS (ONE IN EACH STATE, ONE FEDERAL JUDGE), CIRCUIT COURTS (APPELLATE, ON DISTRICT JUDGE AND TWO SUPREME COURT), SUPREME COURT (SIZE?)

List 4 ways in which the Marshall Court strengthened the power of the judicial branch/federal government.

MARBURY V. MADISON DISCONTINUED SERIATIM CAN DECLARE LAWS INVALID BROAD INTERPRETATION OF NECESSARY AND PROPER CLAUSE

Colonial Times

MILITIAS VIEWED AS THE BEST WAY TO KEEP ORDER AND PROTECT LIBERTY, MOST MEN REQUIRED ALL WHITE MEN TO KEEP AND BEAR ARMS

Selective Incorporation

MOST BUT NOT ALL OF THE PROTECTIONS FOUND IN THE BILL OF RIGHTS ARE MADE APPLICABLE TO THE STATE VIA 14TH AMENDMENT

Supreme Court and Jurisdiction

MOSTLY APPELLATE CASES, FEDERAL QUESTIONS, CONSTITUTIONAL QUESTIONS, CONFLICTS AMONG STATES, WHEN US IS INVOLVED

Federalist 10

Madison addresses Republic>Direct Democracy a large republic controls against the dangers of factions a large republic would prevent a minority from the tyranny of majority (aka forcing culture on miority). federalism adds layers of power and checks that no one majority can exist on a national scale

Federalist 51

Madison argued for separation of power pit branches against each other so they call compete for 100% power

congressional district plan

Maine and Nebraska. Candidate would get 1 elector for each district won in a state, +2 from senators for winning popular vote. Wouldn't require an amendment since states can already determine this. Redistricting v important

Implications of Demographic Changes

Many Americans think immigration is a problem States have policies on drivers licenses, etc. not the first time groups have been anti-immigrant

Roger Taney

Marshall's successor advanced dual federalism

Cases under John Marshall

McCulloch v MD Gibbons v Ogden

Citizens

Members of political community that are entitled to freedoms Duties - obey laws/constitution, vote, pay tax, military service

Era of Good Feelings

Monroe 1817-1825 no major party politics on national level but on state popu increase popular election in electroal college parties increase membership

Checks and Balances

Montesquieu' role in developing this philosophy most acts of government cannot be performed exclusively by one branch. individual liberty is protected. division of power between each branch, also two houses of national legislature and between states/national government this system minimizes threat of tyranny

Example of Federal Grants

Morrill Land Grant Act of 1862 gave each state public land for each representative in congress states could sell land and then earmark money for mechanical and agricultural colleges Texas A and M U of Ga MSU

US government mostly spends money on

Most Mandatory stuff A lot on military Least on non-military

Standing Committee

Most committees are standing committees continue from one congress to the next ("permanent") ex. house ways and means (tax) comm, house rules comm both: judiciary. finance, energy, and appropriations HOUSE has more standing committees do the work on bills

Changing demographics of the US Population

Much more racial and ethnic diversity because always an immigrant country Western Europeans fleeing religious persecution in the 1600s and 1700s Chinese laborers with Gold Rush in 1850s Northern and Eastern Europeans in 1880s to 1910s growing Hispanic/Latino populations in United States

Barron v. Baltimore (1833)

NATIONAL BILL OF RIGHTS LIMITED THE NATIONAL GOVERNMENT ONLY

Justice is Blind

NATURAL RIGHTS APPLY TO EVERYONE

scheduling of primaries

NH goes first (white and conservative. disproportionate media?) super tuesday-tradition now; began in south

will parties endure?

NO personal following- candidates can brand their campaign and pay w/o party help. weakened parties YES parties try to expand support can adapt can bounce back parties more polarized

Washington's Presidency

NO PREJUDGING, SUPREMACY OF NATIONAL GOVERNMENT

Confirmation Process

NOMINATION, INVESTIGATION BY ABA AND FBI, SENATE JUDICIARY COMMITTEE, LOBBYING BY INTEREST GROUPS, PRESIDENT'S LITMUS TEST, RECOMMENDED (OR NOT) TO FULL SENATE AND VOTE

List the ways in which the courts are political.

NOMINATIONS, CASES THAT ARE HEARD

Advisory opinion

NOT A THING, MAKES THE CASE NOT JUSTICIABLE BECAUSE THEN THE COURTS ARE MESSING WITH LEGISLATION TOO MUCH

Right to Privacy

NOT ENUMERATED IN CONSTITUTION, RIGHT TO BE LET ALONE, A JUDICIALLY CREATED DOCTRINE

Two synonyms for Enumerated Powers are:

National Power Expressed Power Implied Article 1 §8 (Necessary and Proper)

Locke

Natural rights Life, Liberty, Property are unalienable rights Government exists to protect these. Government is necessary to protect natural rights.

John locke

Natural rights that cannot be taken away (life liberty and property) Govt exists to protect rights Basis of dec of ind

Examples of Democracy in new world

New England Town Meetings Direct democracy Eventually, indirect/representative democracies

Contract with America

Newt Gingrich's (Speaker) a pledge to debate role of national government part of the devolution revolution

Constitutionality of New Deal

Nondelegation Doctrine-violated by New Deal Court had laissez-fair approach to economy and ruled them unconstitutional. FDR wanted to pack the court. Eventually Supreme COurt reversed its earlier anti-national stances, starting in 1937. ex. passing wage and child laws, upheld national labor relations act of 1935 (authorized collective bargaining among unions and employees). All of this forced governemnts to work together: COOPERATIVE FEDERALISM

Federal Question

ON CONSTITUTIONAL LAW OR INVOLVE A FEDERAL STATUTE, ACTION, TREATY

Plurality Decision

ONLY 3-4 JUSTICES AGREE, DOESN'T SET AS MUCH OF A PRECEDENT

How does the High Court decide to hear a case?

ORIGINAL JURISDICTION, SUBSTANTIAL FEDERAL QUESTION FOR APPEAL, FOUR JUSTICES HAVE TO AGREE TO HEAR THE CASE FROM THE PROCESS OF CERTIORARI, CONFLICT AMONG CIRCUIT COURTS

Civil Rights Act of 1964

OUTLAWED SEGREGATION IN PUBLIC FACILITIES AND RACIAL DISCRIMINATION IN EMPLOYMENT, EDUCATION, AND VOTING, CREATED THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION

Brandeis Brief

OVER 100 PAGES OF LEGAL ARGUMENTS AND MORE NON LEGAL SOCIOLOGICAL DATA TO CONVINCE COURT

President Pro Tempore

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president usually majority when vp isnt there most senior of majority usually delgated to ajunior

libertarian

One of the United States' oldest and longest-serving third parties was formed in 1971. Its platform if founded on strong individual rights and limited government. Adherents believe people's market choices should not be limited by the government, and the market should be free of government interference.

Conservatives

One thought to believe that a government is best that governs least and that big government can only infringe on individual, personal, and economic rights less government, especially in economic regulation favor local and state action over federal action emphasize fiscal responsibility domestic problems (homelessness, poverty, discrimination, for example) are best handled by private sector tend to be more churchgoing tend to favor government regulation of personal behavior abortion same-sex marriage

Committees of Correspondence

Organizations in each of the American colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against the British

Energetic President:

Our Founding Fathers feared anarchy as much as they feared monarchy. Yet they had just fought against the tyranny of King George of England. It was no surprise then that the new Constitution appeared to create a weak chief executive. The office of President, however, was given access to great potential power. That potential is found in the president's unilateral ability to execute the laws and the power to exploit public opinion. No one would deny that today's presidents appear quite powerful. The bigger question is would the Founding Fathers be surprised?

Difference between Congressional oversight and Congressional review?

Oversight-keeping tabs on the executive branch Review-congress can take a rule that the bureaucracy has passed and negate it

special interest groups

PACs, Labor, Chamber of COmmerce, colleges

Cert pool

PARTICIPANTS REVIEW THEIR ASSIGNED FRACTION OF PETITIONS AND SHARE THEIR NOTES ON THE CASES APPEALING TO THE COURT

Voting Blocs

PARTISAN GROUPS, CONSISTENTLY VOTING PARTISANLY ON CASES

DeJonge v. Oregon (1937)

PEACEFUL ASSEMBLY FOR LAWFUL DISCUSSION CANNOT BE MADE A CRIME

New York Times v. US

PENTAGON PAPERS CASE, NO PRIOR RESTRAINT

Plaintiff

PETITIONER

Judicial Review

POWER OF THE COURTS TO REVIEW ACTS OF OTHER BRANCHES

Appellate Jurisdiction

POWER TO REVISE AND REVIEW DECISION OF A LOWER COURT

10th Amendment

POWERS NOT DELEGATED TO NATIONAL GOVERNMENT ARE RESERVED FOR THE STATES

Senatorial Courtesy

PRESIDENT REFER SELECTION OF DISTRICT COURT JUDGES TO SENATORS OF HIS OWN PARTY IN THE STATE WITH A VACANCY

Prior Restraint

PREVENTS GOVERNMENT FROM PROHIBITING SPEECH OR PUBLICATION BEFORE THE FACT; GENERALLY HELD TO VIOLATE THE FIRST AMENDMENT

Precedent

PRIOR DECISIONS SERVE AS A RULE FOR SUBSEQUENT CASES

Due Process Rights

PROCEDURAL GUARANTEES PROVIDED BY THE FOURTH, FIFTH, SIXTH, AND EIGHTH AMENDMENTS FOR THOSE ACCUSED OF CRIMES

Free Exercise Clause

PROHIBITS NATIONAL GOVERNMENT FROM INTERFERING WITH THE CITIZEN'S RIGHT TO PRACTICE HIS/HER RELIGION, LAWS CANNOT INTERFERE WITH BELIEFS BUT THEY CAN INTERFERE WITH ACTIONS

Equal Rights Amendment (ERA)

PROPOSED AMENDMENT WOULD BAN DISCRIMINATION AGAINST WOMEN BY FEDERAL OR STATE GOVERNMENTS

Supremacy Clause

Part of Article VI Mandates that national law is supreme to all other laws passed by the states or by any other government. major early court case that addressed supremacy clause: McCulloch v. Maryland

Private sector

Part of Econ not under govt control

Whips

Party leaders who work with the majority leader or minority leader to count votes beforehand and lean on waverers whose votes are crucial to a bill favored by the party. elected by caucus assist major/minority leaders keep party together party-line vote and to toe party line

How Do Demographics Influence American Politics?: A Missing Appreciation of the Good

People were passionate about politics during Revolutionary period, faith in government Today, if people do not have faith in gov't, easy to blame problems on it Government touches practically every aspect of individual lives

Discharge Petition

Petition that, if signed by a simple majority of the House, will pry a bill from committee to the floor. gives *majority* the authority to bring issue to floor when committe inaction

First Continental Congress

Philadelphia 1774, 55 delegates adopted a resolution opposing Coercive Acts drafted Declaration of Rights and Resolves

Second Continental Congress

Philadelphia, 1775, decided army should be raised and Washington of VA was commander fighting had already in Lexington and Concord adopted Olive Branch Petition asked King to end hostilities...rejected

Characteristics of American Democracy

Popular Consent Personal Liberty Majority Rule Popular Sovereignty Minority Rights Civil Society Individualism Rule of Law

American political culture aspects

Popular consent Majority rule Popular sovereignty Minority rights Civil society Individualism Rule of law Political efficacy

Popular Consent and Majority Rule

Popular consent - governments draw their powers from the consent of the governed Does growing non voters threaten this?

Supremacy clause

Portion of article 5 mandating national law is supreme

Preamble

Powerful language "we the people" so government gets power from people Form a more perfect union (than articles) 5 functions of govt outlined

Inherent Powers:

Powers of the President that can be derived or inferred from specific powers in the Constitution

enumerated powers

Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

Who appoints federal judges?

President

1973 War Powers Act

President must notify Congress in 48 Hours of battle & *Congress must approve* if in war zone for more than 30 days. (really designed to limit Nixon in Vietnam) --Pres must notify congress within 48 hours of sending troops into combat --pres must consult with congress whenever feasbile --conflicts are llimited to 60 days unless congress takes action --congress can extend time from the initial 60 days OR can withdraw troops after 60 days with adequate notification to the pres MAJOR POINT *LIMITS PRESIDENT*!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Campaign Committee

Provides campaign support to the party's congressional candidates and any other committees the legislative party may create.

Pork

Publicly funded projects secured by legislators to benefit their home districts or states. advantage to incumbent legislation that allows representative to bring money to district for public works, military

Where did Framers get ideas?

Questioned and looked to Renaissance enlightenment and reformation Influenced by social contract theory

De Facto Segregation

RACIAL DISCRIMINATION THAT RESULTS FROM PRACTICE (LIKE HOUSING PATTERNS OR OTHER SOCIAL FACTORS) RATHER THAN THE LAW

De Jure Segregation

RACIAL SEGREGATION THAT IS A DIRECT RESULT OF LAW OR OFFICIAL POLICY

Reed v. Reed (1971)

RBG ARGUED THE CASE AS DIRECTOR OF THE WOMEN'S RIGHTS PROJECT OF ACLU, STRUCK DOWN IDAHO LAW THAT GAVE MALE PARENT PREFERENCE OVER FEMALE PARENT AS ADMINISTRATOR OF DECEASED CHILD'S ESTATE

Strict Constructionist

READ CONSTITUTION CONSERVATIVELY, READ IT AS THE FRAMERS WROTE IT

Stare Decisis

RELIANCE ON PAST RULINGS OR PRECEDENTS TO MAKE NEW DECISION; MAKES CONTINUITY

Religious Freedom Restoration Act

REQUIRED STATES TO SHOW A COMPELLING RATIONALE FOR THEIR ACTIVITIES, HARDER TO INTERFERE WITH CITIZENS PRACTICING THEIR RELIGION, RULED UNCONSTITUTIONAL

Clerk

RESEARCH AND ASSIST JUSTICES

2nd Amendment

RIGHT TO BEAR ARMS

Fundamental Rights

RIGHTS DEFINED BY THE COURT TO BE ESSENTIAL TO ORDER, LIBERTY, AND JUSTICE (PROCREATION, PROTECTING FAMILY AUTONOMY, MEDICAL CARE DECISION MAKING, VOTING, ACCESS TO COURTS)

Article 7

Ratification of constitution spells out ratification procedures 9 out of 13 states would have to agree to (or ratify) Constitution before it would become the supreme law of the land If the Articles required unanimity to amend, how could the Constitution be ratified with only 9 out of 13 states? Is it unconstitutional?

Article 4

Relationships between the states Full faith and credit - states must honor the laws and judicial proceedings of other states also addressed admitting a state into the Union Returning of slaves to the owner

Founders of US created a

Republic with elite officials (the representative democracy guaranteed by the guarantee clause)

Republic

Republics are democracies that filter public opinion through elected officials. A true democracy removes that filter. Elected officials still represent the people but rather than doing what is best those elected officials mirror what the people want.

Congressional Demographics

Rich highly educated white male protestant lawyers & businessmen! Women VERY underrepresented! (<17%)

Popular sovereignty

Right of majority to govern themselves and based in natural law

Dual Federalism

Roger Taney *concurrent federalism* 10th Amendment, the national and state have separate powers, Relatively equal in power, had little to do with each other.

Major Committees in HOUSE

Rules, Ways and Means, Appropriations, Commerce, Budget, Judiciary

Brown v. Board of Education II (1955)

SCHOOLS ARE TO INTEGRATE WITH DELIBERATE SPEED, PUT THE EFFORT IN HANDS OF FEDERAL COURT JUDGES BECAUSE THEY WERE MORE IMMUNE FROM POLITICS

Equal Protection Clause

SECTION OF THE 14TH AMENDMENT THAT GUARANTEES THAT ALL CITIZENS RECEIVE EQUAL PROTECTION UNDER THE LAW CIVIL RIGHTS, EQUAL TREATMENT

Describe the 3 part test created by Lemon v. Kurtzman.

SECULAR IN PURPOSE? NEITHER ADVANCE NOR INHIBITED RELIGION? FOSTER EXCESSIVE GOVERNMENT ENTANGLEMENT WITH RELIGION?

4th Amendment

SECURE AGAINST SEARCHES AND SEIZURES, PROBABLE CAUSE FOR WARRANTS

Debate is less formal (no limits - except cloture)

SENATE

Emphasis on foreign policy

SENATE

Less formal

SENATE

Members more generalist

SENATE

More personal

SENATE

Represent states!

SENATE

Weaker leadership

SENATE

What additional powers does the Senate have that the House does not?

SENATE confirmation of presidential nominations to federal courts and ambassadorships treaties signed by president HOUSE House Ways and Means Committee that oversees taxing and spending legislation

Griswold v. Connecticut (1965)

SEVERAL AMENDMENTS CAST PENUMBRAS ABOUT ZONES OF PRIVACY, OVERTURNED LAW THAT FORBADE DISSEMINATION OF INFO ABOUT CONTRACEPTIVES

Filibustering

SIMPLE MAJORITY TO CONFIRM JUDGES UNLESS FILIBUSTERED, MAKES PROCESS MORE POLITICAL

Capital Punishment Moratoriums

SOME STATES HAVE THEM WITH CONCERNS ABOUT INNOCENT ON DEATH ROW, DISPROPORTIONATE USE OF DEATH PENALTY AGAINST MINORITIES

Region

SOUTH- states rights; behind on civil rights; more religious (Protestant); support defense WEST and NE favor small government MIDWEST is very conservative

Slander

SPOKEN FALSE STATEMENT THAT DEFAMES A PERSON

Miranda Rights

STATEMENTS THAT MUST BE MADE BY THE POLICE INFORMING A SUSPECT OF HIS OR HER CONSTITUTIONAL RIGHTS PROTECTED BY THE 5TH AMENDMENT, INCLUDING THE RIGHT TO AN ATTORNEY PROVIDED IF THE SUSPECT CANNOT AFFORD ONE

Gitlow v. New York (1925)

STATES ARE NOT COMPLETELY FREE TO LIMIT FORMS OF POLITICAL EXPRESSION, USED 14TH AMENDMENT TO INCORPORATE FREE SPEECH TO STATES

Brown v. Board of Education (1954)

STRUCK DOWN SEPARATE BUT EQUAL, ALL SCHOOLS WERE TO INTEGRATE WITH DELIBERATE SPEED, SEPARATE BUT EQUAL VIOLATES 14TH AMENDMENT, CITED WELL BY JUDICIAL ACTIVISTS BECAUSE IT MADE A GOOD DECISION

national convention

Secure Nomination Delegate Count Uncommitted Delegates Super Delegates Delegate Diversity Speakers at Convention Party Platform Made for TV Less Drama Than Old Days No Kingmakers More Democratic Now Compared to Past Party Unity, Hopefully End of Primary Campaign Beginning of General Election Campaign

Confirmation of Presidential Appointments

Senate has oversight function through its ability to confirm key members of the executive branch, as well as presidential appointments to the courts (1/2)

What is the average committee assignment for a House member? Senate member?

Senate serves on more committees

Separation of power

Separates 3 branches (Locke warned against legislative delegating power) Constitutional authority shared by branches Example-presidential veto; judicial review

Separation of Powers

Separation of powers is most clearly seen in our three branches of government. The ultimate end of the separation of powers is to protect our liberty by limiting government. separation of power parcels out power among the three branches of government

Enumerated Powers

Seventeen powers specifically granted to Congress in Article 1, Section 8. tax, coinage of money, regulation of commerce, provide for a national defense, declare war, establish federal court system

What are the Constitutional powers of Congress?

Shared Powers Naturalization Clause Necessary and Proper Clause Origination Clause Appropriations Riders Bill Impeachment Process Declare War - Declaration of War Clause (Article I) Authorization for Use of Military Force (AUMF) Presidential Appointments Approval - Appointment Clause (Article II) Presidential Treaty Approval - Treaty Clause (Article II)

3/5 compromise

Slave never appears in construction Slavery cannot be banned until 1808 Didn't address slavery Just their vote Constitution says and escaped slave must be returned

Hard Topics at Constitutional Convention

Slavery

poll taxes

Small taxes levied on the right to vote that often fell due at a time of year when poor African-American sharecroppers had the least cash on hand. This method was used by most Southern states to exclude African Americans from voting. Poll taxes were declared void by the Twenty-fourth Amendment in 1964.

Thomas hobbes

Social contract theory Leviathan Submit to powerful leaders Absolutist govt

What leadership of Congress is in the Constitution?

Speaker of House, President of Senate, President Pro Tempore

Two synonyms for Reserve Powers are:

State Powers 10th Amendment Powers Police Powers

Full faith and credit clause

States must honor laws and judicial proceedings if other states, )

Va plan

Strong national 3 branches Legislative is most powerful Popu representation/contribution to treasury Bicameral legislature (People elect house and house elects senate

Establish Justice

System of laws rational dispensing of justice by acknowledged legal authorities Bill of Rights

National Firearms Act of 1934

TAXES ON AUTOMATIC WEAPONS AND SAWED-OFF SHOTGUN

Recess Nominations

TEMPORARY UNTIL RECESS ENDS

Privacy and The Right to Die

TERMINALLY ILL PERSONS DO NOT HAVE A CONSTITUTIONAL RIGHT TO DIE BY PHYSICIAN ASSISTED SUICIDE

National Endowment for the Arts (NEA)

TESTS FOR THE NEA WERE CONSIDERED WHEN MAKING ANNUAL AWARDS WERE UPHELD BY THE SUPREME COURT

Civil Liberties

THE PERSONAL GUARANTEES AND FREEDOMS THAT THE FEDERAL GOVERNMENT CANNOT ABRIDGE BY LAW, CONSTITUTION, OR JUDICIAL INTERPRETATION

spot ads

TV ads on behlaf of candidate in 60/30/10 sec segments

TV

TVs replace radios in most homes increased ownership in 60s and 70s networks are losing ground (NBC, ABC, CBS and their affiliates) to cable

National Organization for Women (NOW)

TWO GOALS TO REACH EQUALITY: PASSAGE OF AN EQUAL RIGHTS AMENDMENT OR JUDICIAL DECISION

SHARED POWERS Pass law and policy!

Tax borrow money REGULATE COMMERCE (foreign and interstate) naturalization and immigration coin money punish counterfeiting post offices patents and copyrights punish piracies and felonies on the sea create federal court system declare war raise army/navy provide for a militia (with certain powers reserved for the states) NECESSARY AND PROPER APPROPRIATIONS (I, §9)

Bull Moose Party

Teddy Roosevelt split in republicans another name for progressive party

Select (special) committees

Temporary committee appointed for specific reason for investigation ex. Aging, Benghazi

The American Dream

The American ideal of a happy, successful life, which often includes wealth, a house, a better life for one's children, and, for some, the ability to grow up to be president

Pure Locke

The Declaration of Independence

What were the Federalist Papers

The Federalist Papers Publius was author 85 articles between October 1787 and May 1788 appeared in papers in New York (ratification was in doubt) Hamilton, Madison, John Jay (future first Chief Justice of Supreme Court) Very dry and scholarly they did explain the reasoning behind the new systems of government

Article 3

The Judicial Branch Establishes Supreme Court Congress permitted, not required, to establish lower courts created dual system of courts: state courts and national/federal courts Judiciary Act of 1789 appointments for life (with good behavior) salaries cannot be lowered while judges are in office

Article 1

The Legislative Branch Bicameral legislature qualifications for houses enumeration of citizenry (census) every 10 years for representation, redistricting, gerrymandering House's power to impeach, senate tries impeachment All bill originate in the house but senate may propose or concur with bills Also the procedure for enacting laws and veto power 17 Enumerated power for congress

administrative discretion

The ability of bureaucrats to make choices concerning the best way to implement Congressional intentions gives decision makers (from top to bottom) huge leeway this shows up in two different ways: rulemaking and administrative adjudication

VA Plan:

The first general plan for the Constitution, proposed by James Madison. Its key points were a bicameral legislature (one house based on population, one on equal representation) elected directly by the people, an executive chosen by the legislature, and a judiciary also named by the legislature (from textbook) Create a strong national government, in contrast to Articles 3 Branches - legislative, executive, and judicial legislative would be most powerful, it would select members in other two branches Legislature would have two houses House of Representatives - directly elected by the people Senate would be elected by members of the House Number of representatives in both houses would be based on population or the amount of contribution to federal treasury proportional representation Gave the national legislature power over the states

Committee Chairs

The most important influencers of the congressional agenda. Dominant role in scheduling hearings, hiring staff, appointing subcommittees, and managing committee bills when they are brought before the full house. Can kill bill by not scheduling it Attention by lobbysists and media CLAIRE- WHO SCHEDULES THE BILLS? MAJoRiTY EADERS OR COMMITTEE CHAIRS?!

national party convention

The quadrennial event where parties release their platform and confirm their presidential nominee

Popular Sovereignty

The right of the majority to govern themselves, has basis in natural law The right of the majority to govern themselves. Has its basis in natural law. Idea that all governments derive their power from the people is found in Constitution and Declaration of Independence, but the term popular sovereignty was not used until the pre-Civil War debates about slavery. Supporters of popular sovereignty argued that states should decide whether or not the state would allow slavery within its borders.

lemon test

The test that the Supreme Court established (but doesn't always use) to determine if a practice violates the Establishment Clause of the First Amendment.

what is the effect of scandals on incumbents?

They either retire or advantage of incumbency is so strong they win anwyway

Trustee Theory

Trustees believe that each question they face must be decided on its merits. Conscience and judgment are their guides. They reject the motion that they must act as robots or rubber stamps. reps can be trusted to use judgement to make decisions for constituents

Penumbras of Privacy

UNSTATED LIBERTIES ON THE FRINGES OR IN THE SHADOW OF MORE EXPLICITLY STATE RIGHTS

national newspaper

US doesnt have one national newspaper like britain does but we do have national distribution

Examples of Devolution

Unfunded Mandate Reform Act of 1995 Welfare of Reform Act of 1996

Seniority

Unwritten rule in both houses of Congress reserving committee chairs to members of the committee with the longest records of continuous service.

Grandfather Clause in regards to Fifteenth Amendment

VOTING QUALIFICATION PROVISION IN MANY SOUTHERN STATES THAT ALLOWED ONLY THOSE WHOSE GRANDFATHERS HAD VOTED BEFORE RECONSTRUCTION TO VOTE UNLESS THEY PASSED A WEALTH OR LITERACY TEST

Constitutional Powers

Veto Power Appointment Power Treaty Power Power to Convene Congress

President of Senate

Vice President

Voter Apathy

Voter turnout rates tend to be low in the United States Being too busy is typically the number one excuse people give for not voting but maybe people don't vote because they lack clear choices Is nonvoting a sign of contentment?

ticket splitting

Voting for candidates of different parties in the same election

Mapp v. Ohio (1961)*

WARREN COURT, ALL EVIDENCE OBTAINED IN SEARCHES AND SEIZURES IN VIOLATION OF THE CONSTITUTION ARE INADMISSIBLE IN A STATE COURT

How are decisions implemented?

WHEN THE IMPLEMENTATION POPULATION UNDERSTANDS AND ENFORCES THE CASE DECISION AND THE CONSUMER POPULATION FOLLOWS THE COURT POLICY

justiciable

WHETHER OR NOT THE COURT CAN DECIDE THE CASE IS IT AN ADVISORY OPINION DOES THE CASE VIOLATE THE POLITICAL QUESTIONS DOCTRINE? IS THE CASE RIPE?

Majority Opinions

WRITTEN BY CHIEF JUSTICE OR MOST SENIOR, SET OUT LEGAL JUSTIFICATION FOR DECISION

Libel

WRITTEN FALSE STATEMENT THAT DEFAMES A PERSON

Thomas jefferson

Was a southerner and added diversity to Declaration

Supreme Court Cases that restrict national power

Webster v Reproductive Health Services Planned Parenthood v Casey US v Lopez US v Morrison *(ABORTION CASES + LOPEZ AND MORRISON)*

For ratification on constitution today

When Congress votes to propose an amendment: 1) ¾ of state legislatures, or; 2) specially called ratifying conventions in ¾ of the states (21st only)

Preemption

When legitimate exercise of national power supersedes any state law or action, process is called preemption

exclusionary

Which judicially created rule states that evidence that has been illegally obtained cannot be used in a court of law?

Politics

Who gets what, when and how How policy decisions get made. How an issue is agitated or settled.

warren

Who is the Supreme Court Chief Justice known for decisions that expanded the rights of traditionally disenfranchised citizens as well as those accused of committing a crime. 1950s-1960s

Majority rule

Will of majority by making majority unable to strip minority of rights

executive control of bureaucracy

Within increasing size of executive branch/bureaucracy, presidents have given the bureaucracy more and more power. Presidents (with congressional approval) can restructure the bureaucracy budgets Executive orders President can direct an agency to act, but it may take some time before the agency actually does act

Slavery in the Constitutional Debate

Would Constitution have been ratified if it addressed slavery issue directly? Constitution addresses slavery three times, though never by name Three-Fifths Compromise: Agreement reached at the Constitutional Convention stipulating that each slave was to be counted as three-fifths a person for purposes of determining population for representation in the House of Reps Also, the new government was prohibited by law or amendment to prohibit the importation of slaves until 1808. Constitution also guaranteed that if a slave were to escape his or her master and flee to a free state, the slave would be returned by that state

Mayflower Compact

Written at sea during Pilgrims trip to North America Social Contract

Shays' Rebellion

a 1786 Rebellion in which an army of angry farmers led by Daniel Shays marched to Springfield, MA, and forcibly restrained the state court from foreclosing mortgages on their farms showed weakness of federal government

leadership

a chairperson has big influence raise money leep peace plan convention eliminate factionalism neutral in terms of candidates

lobbying in legislature

a lot tactics: info, relationship (iron triangles); write speeches; reputation

Spot Ad

a one-time placement of a commercial on a local television station

unscientific poll

a poll in which the sample of people interviewed is not representative of any group beyond those who register their opinion

Meritocracy

a system in which promotion is based on individual ability or achievement

12th Amendment

abolish it? 1824 adams vs. jackson didnt have majority -> house 1876 (hayes and tillman had no winner)-> house 2000 bush won electoral but not popular abolish would require amendment President and Vice President are separate votes at Electoral College.

unfunded mandates

actions imposed by the federal or state government on lower levels of government which are not accompanied by the money needed to fund the action required

Contrast Ad

ad that compares the records and proposals of the candidates, with a bias toward the candidate sponsoring the ad

congressional redistricting

adjusted every 10 years bc census (only affects the House) each house district should have ~750k people. 435 districts

independent expenditures

ads that expressly advocate election/defeat of specific candidate aimed at entire electorate must be completely independent of candidate

independent espenditures

ads that expressly advocates defeat/election of a candidate must be independent from candidate

multi-issue groups

advocate for issues that cross multiple areas of focus must have expertise in a wide range of ideas NAACP NOW (natl org for women) Christian Coalition AARP AFL-CIO

Democratic Party

after Dem-Rep in 1832 nominated Jackson by his personality

congressional review

agency regulations can be nullified by joint resolutions of legislative disapproval

Nomination Campaign

aimed at winning primary target party leaders (concerned with winning) and activists (concerned with ideology->danger that a candidate with go too left/right) begins as soon as deciding to run even if it's not announced and ends at party con New candidates have to adjust quickly, not as much attention

BCRA

aka McCain-Feingold (2 senators, 2002) supplemented FECA huge restrictions on soft money fast track to Supreme Court, quickly challenged by McConnel v. FEC and Citizens United v FEC

Denied Federal Powers

all governments cannot take arbitrary actions affecting Constitutional rights. GOvernments cannot... Bill of Attainder Ex Post Facto Law

Individualism

all individuals are rational and fair

Founding Fathers

all men, all white mostly young; average age of 42, with a few exceptions (like Franklin) many slaveowners vast political, educational, legal, and business experience (the elite) Thomas Jefferson wrote that it was an "assembly of demigods."

Grants-in-aid

allocations/appropriations of money to the state from the federal government

apportionment

allotting congressional seats to each state followign census

issue networks

almost the same as iron triangle describe a *loose and informal* relationship bw broad policy areas fewer players than iron triangle--claire, is this true???!!! constantly changing as new parties gain interest

4th Branch of Government

american media it has so much influence (not exactly true bc media is private business entities not govt)

Patronage

appoint loyal base and freinds to govt positions way to build loyal coalitions increase allegiance ex. Tammany Hall: not corruption, it's honest graft Civil service laws were enacted during the Progressive Era. These laws lessened the influence of ... on political appointments and made it harder for political machines to dominate.

appropriations

appropriate funds for federal agency to spend from Treasury can have a RIDER

Thomas Paine, Common Sense

argued for independence "The blood of the slain, the weeping voice of nature cries 'Tis Time to Part,'" Very widely read in colonies inspired Richard Henry Lee of VA to call for independence at Second Continental Congress an act of treason! His plan called for a confederation: a type of government where the national government derives its powers from the states; a league of independent states, not a strong national union.

straw poll

ask for opinion strong opinoned people answer not random

Lincoln in 1860

associated south with Democratic Party

negative ad

attack opponent legally required apporval message may be the only look at who made it

Social Capital

attitude and willingness of people to engage in civic activites

access points

avenues which "we the people" can use to affect change increase efficacy but many make govt vulnerable to corruption

Winner-Take-All System (First Past the Post)

awards offices to vote-getters w/o ensuring representation for voters in the minority. a small majority can control 100% of elected officers can happen at electoral college, congressional election This type of primary allows a presidential candidate to amass a large number of votes quickly

Does low turnout matter?

bad arguments: 1. would results be different if people voted? probs not 2. why should voting be easier for apathetic voters? better arguments: 1. low turnout makes the system stable 2. do husbands represent their wives? no-->19th amendment 3.voters dont rep the non voters (nonvoters are young, low income, blue collar, less-edu)

quota sampling

based on known stats (if city is 30% black and 70% white answers reflect that)

the constitution's rules about the House of rep

based on popu directly elected by the people whole house reelected every 2 years must be 25 years old, 7 year resident, legal resident of state representing 435 congressional districts

Two-Party System

bc DUverger's law watered down questions to only agree v. disagree

executive supremacy in foreign affairs

bc nuclear war and congress doesnt act quickly

State Powers under Constitution

because states had power when convention happened, the Framers did not restate the powers BUT Article 1-states set time, place and manner for electing representatives Congress cannot limit slave trade until 1808 so southern states have power Article 2- required each state to appoint electors for electoral college Article 4- each state is given a Republican form of government

newspaper

began in 1960s rapid growth in 1700s because value of free press grew battle of ratification played out in newspapers free press is necessary because informs public

Cooperative Federalism

began with New Deal The national and state governments became intertwined, with the national government taking a more active role in the affairs of the state governments

organizational campaign (aka Get-Out-to-Vote)

behind scenes fundraising voter contact media

what is the danger of a nomination campaign?

being too liberal/conservative

How are public opinions measured? What are the drawbacks to taking sample polls?

best way to get a poll: random sample

congressional demographics

better edu, wealthy, male, white, inherited wealth, avg age is 60 (sen), and 45 (house), most lawyers but decreasing

state legislatures are also

bicameral

Reagan favored __________ Grants

block

(Primary/General/Both?) Campaign ads put out by interest groups and Super PACS

both

(Primary/General/Both?) For congress, can win with a plurality (except in Louisiana)

both

majority/minority leaders and whips are in

both houses

caucuses

both houses are controlled by partis discipline, media, set themes

tradtitional scandals

bribery pay-offs

finance chair

brings in large contributions

One way congress has oversight of the federal bureaucracy

budgetting process committee hearings confirmation of nominations investigations new legislation

going public

bully pulpit more communication go over head of congress pres uses more receptive audiences for major speeches (ex. military college for a military issue speech) what is "going public" claire

1800 election

burr and jefferson ties- electoral college didnt have a way to solve so--> house (12th- fixed 1800 problem - separate election for each office and only have 1 per elector)

govt corporations

businesses est by congress that do things that private busienss could do (like USPS); cheaper than a private would began in 1930s used when gov requires revenue and felxibility ex. amtrak, FDIC, TVA

handlers

campaign staff for advance work (scheduling, speech writing, media, polling, finance, and spin) cautious of how media portrays candidate

senate oversight in appointments

can be filibustered

modern press

can be guilty of having little proof less corrupt than before shift in paper from passionate opinion to corporate profit (alienate ads and readers?)

Redistricting

can happen w/ or w/o reapportionment (when people move a lot INSIDE the state) or (when gain or lose congressional seats). state legislature is responsible for this) every 10 years

gatekeeper

can influence which topics or issues are focus on coverage

do demographics play a role in representation?

can men represent women? can rich rep poor? can majority ethnicity rep minority?

free media

candidates have less control over free media

Political Party COntributions

candidates receive donation from national and state committees of NDC/RNS ensure loyalty and discipline voting

proportional representation primary

candidates who secure threshold percentage of votes are given delegates proportional votes -favored by democrats with threshold of 15% in congressional districts -maybe fairer but harder to accrue required numer delegates Candidates meeting threshold are awarded a number of delegates based on votes won

ny times v us

cant prevent publishing (no prior restraint)

newer scandals

career-ending personal

bureaucrats

career-govt employees that work in executive branch in the cabinet level depts and indepdence agencies that comprise more than 2000 bureaucras, divisions branches, offices, services, and other subunits of federal govt

exec action

catch-all term for something the exec branch does (includes memorandum, agreement, etc.)

niche journalism

caters to specific groups and ideologies ex. Fox caters to conservatives ex. CNN and MSNBC are mroe liberal ex. CSPAN - small but loyal follwing; content driven; creates less substantive coverage

prior restraint

censorship before it happens NYT vs. US says no restraint of press for the most part, the govt can't do this Can happen when the the courts issue an injunction (stop doing something/don't do something)

characteristics of bureaucracy

chain of command division of labor goal orientation productivity evaluated by rules it's big (boy season)

reapportionment

change in number congressional seats for a state based o changing populations trend for W and S to gain seats at expense of NE

Informal Amendment

change interpretation of words

Formal Amendments

change words article 5 proposal: 2 ways (1. 2/3 of each house OR 2/3 of state legislatures calling congress to a national convention) ratification: 2 ways (1.3/4 state legislatures OR favorable vote in specially called ratifying conventions in 3/4 of states (only used for the 21st amendment))

modern era

changes from progressiveera 1. direct primaries started in 1920s. nominee determined by voters, not party. more democratic 2. civil service laws-appts based on merit, removed patronage 3. issue oreinted politics- more edu voters focus on issues not party line=more ticket splitting; platforms arent as important

bull moose party arose bc

charismatic leader

general election

choose candidates who fill office, all levels, usually opposing parties (people vote for congress by name/party affiliation) which is helpful for incumbents in congress. high reelection rates in congress Candidate Debates Stump Speeches Broader Appeal Target Swing States On the Stump Tracking Polls (and all types of polls) Use of Paid Media Spin

open primary

choose party members Crossover voting happens, but not necessarily raiding

Electorate

citizens eligible to vote

initiative

citizens propose legislation and submit to electorate for popular vote, usually needs min signatures, critics say special interest groups have too much power - initiative industry (not at national level)-> because states control their elections Citizens propose legislation and submit it to state legislature for popular vote.

once a bill is introduced, where does it go

clerk of chamber who gives it a number

campaign manager

closest to candidate directs campaign

In order for parties to be big tents, parties must work to include as many supporters as possible. This means that parties strive to build...

coalition

Mobilizing support and power

coalitions group of interests or ogranizations that join to elect officials

Articles of Confederation

codify arrangements that had never been put into legal terminology before Written in 1776 (at war), ratified 1781. States > national government Created national government with a Congress - make peace, coin money, appoint officers for an army, control post office, negotiate with Indian tribes One vote for each state in Continental Congress 9/13 to pass any measure (or unanimous to amend) State legislatures selected and paid their representatives

Poltical Ideology

coherent set of values and beliefs about purpose and scope of government held by individuals and groups

Mandate

command from voters to carry out policies of the candidate especially in pres elections can end early so get stuff done quickly

Political Culture:

common attitudes, beliefs, and values about how government should operate

Requirements for congressional districts

compact, contiguous, race neutral, have political map boundaries, population equality

contrast ads

compare records and proposal of candidates bias toward ad sponsor

deep background

competely unsourced, very hard for press

Electioneering

competitive elections

reasons for a bicameral legislature

compromise at CC slow the process federalism checks and balances between legislature

why electoral collge?

compromise! at constitutiional convention some wanted congress to pick pres, others wanted popular election. No media existed, people thought they would vote for candiddate from their state. so electors are smart for the decision bc they know people outside of the state

conservative backlash

concerned with liberal activity 1978-george falwell, fromed moral majority 1990-pat robertson created 700 Club Christian COalition NRA

investigatory power

congress can hold hearings on a problem and direct agency to respond a representative of agency will often testify before committees

declaration of war clause

congress delcares war but pres is commander-in-cheif

naturalization clause

congress determines rule for granting citzenship

who can submit bills

congress members impetus can be from anyone

why are there 538 electors?

congress members + 3 for DC

marginal districts

congress seats are competitive, winner receives majority bu <55% of vote most districts are safe seats bc of incumbency advantage

growth of modern presidency (1933-present)

congress was original decision maker, but with communication tech, pres assumed decision making *FDR* (relief, recovery, reform), created huge bureaucracies, established relationship between president and people (radio and fireside chats)

incremental expansion of power (1809-1933)

congress' power clearly>pres powers *jackson*= first national pres, jacksonian democracy, western fronteir, egalitarian, common man, spoils system, used veto often, reasserted supremacy of national power *lincoln*= assumed greater power bc war, questionable acts (suspended habeas corpus), grew army, blocked southern ports

which reform to the elctoral college could be influenced by gerrymandering?

congressional district plan

unity, linkage, accountability

connect people , connect Houses, govts, political figures; no isolation

informal groups

connected to parties

The help a Congressperson offers to his/her district members. Increases name recognition and is aka case work.

constituency services

Energetic president

constitution created a weak executive but president has access to great power energetic seize power to execute laws and exploit public opinion

era of partyless politics

constitution--farewell address James Madison would like inclusiveness of parties today

tracking polls

continuous that follow campaign activity can contribute to horse-race journalsim expense of covering issues in depth can create bandwagon effect

Interstate Compacts

contract bw states to carry force of law, used to addresss multi-stage policy concerns (Article 1) much more common today ex. Drivers' License Compact ex. Assistance Compact (states share resources in disaster)

soft money

contributions outside of fed limits to a state or local party, or an outside interest group not supposed to advocate for/against a fed candidate supposed to be for party-building activities banned in 2002 by BCRA line bw soft/hard money is blurry

convene congress

convene on extraordinary occasions not as important today because congress in session grequently pres has to inform congress with state of union

Money is the life of politics

corruption is rare but erception is that money tarnishes politics interest groups have first amendment rights to petition govt govt is governed by wealth:plutocracy

swing state

could go either way

How Do Demographics Influence American Politics?: Mistrust of Politicians

countless examples of scandal, cheating, etc.

civil service system

created by civil service laws by which bureaucratic apartments are made by merit

pendleton act

created civil servce system to administer a partial merit system-based on exam, fed employees cannot contribute to a party; CSC lasted until 1978

TR was a progressive republican

created dept of commerce it oversaw employee-employer relationship wilson split it into a commerce and a labor departments

16th Amendment

created fed income tax=more funding for agencies, services, and govt programs

Electoral College

created to eliminate "tumult and disorder" that Framers feared if left to the masses instead, left to a small number of men (electors) who were selected by the states

dealignment

current

because parties are weaker now, we might not have any more realigning elections. This means we could be in a period of

dealignment

Article 5

deals with amendments how Amendments can be added Bill of Rights: 1791 only 17 amendments added

Unfunded Mandate Reform Act of 1995

debate had to be given to funding before passing mandate

organized labor has been in __________ along _______groups

decline along farming groups

single issue voting based on one issue and not party identification has been increasing. led to...

decrease in party identification

politico

delgate when issue is great concern to constituents on less visibile issues play as a trustee

blue states

democracy new england ny pacific coast fed midwest

US is a _______________________

democratic haven except only 50% vote

which party favors preemption?

democrats

ex of iron triangle

dept of vet's affairs (cabinet), house comm on vet's affairs (congress), american legion and vets of foreign wars (interst group)

Whigs

descendants of Feds in opposition to Jackson led by clay

committee membership

determined by party % makeup of house

communications director

develops media strategy (paid and free media, social media)

George Washington

didnt get press scrutiny like today press scrutinized his tactics of Revo War draft of farewell address critiqued press

Gender Gap

difference between men and women voting for a candidate, (might have reduced in 1990s but back in 2000s), negative views about war and intervention of military

Race and Ethnicity

differences on war in Iraq, affirmative action, governemtn sponsored healthcare

pres power is changing with time

different times cause for different leaders with restriction and opportunity

Electoral Reforms

difficult to change because you would need an amendment

Potlical knowledge and participation are ____________

direct relationship

voter canvass

direct solicitation of support door-to-door or phone month before election when voters pay attention ecourage people to vote

explain how casework affects a congressmember's attention to legislation

diverts time, resources, money; reducing focus on legislation brings awareness to a greater number of problems (being pulled in to many legislative directions)

When the Presidency and at least one House of the legislature are controlled by different parties

divided government

Debate of Public Opinion Polls

do polls drive opinion or do opinons drive polls? It's hard to know subgroups of public opinion because opinion is constnatly shifting ex. invasion of iraq during bush

state of union

doesnt have to be a speech bullly pulpit doesnt have to be yearly intended for congress now for public too

General Election Campaign

don't be too polarized in nom. campaign because you'll lose te moderates in the general election; slogans define stances

free-rider problem

don't join the interest group but benefit from collective good

positive ad

don't mention opponent preferred by incumbents

Which clause primarily protects civil liberties and can be found in the portions of the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments?

due process

proportional plan

each candidate would receive the same share of a state's electoral vote as he or she received in the state's popular vote

Congressional Sessions

each term is 2 years; begins jan 3rd, years in odd numbers

muckraking

early 20th century concerned with reforming govt and business conduct named by Teddy roosevelt little evidence

bandwagon effect

early polls boost so start stron=better recovering from setback is hard does this make debates more about looking like a winner??

how do people become whips?

elected by caucus

First order of business in Congress

electing leadership and rules for conducting business

Party power comes from

electorate

wire services

electronic delivery of news gathered by service correspondents and sent to news media organizations ex. associated press, reuters

Did Framers' political background have an impact on the Constitution?

elitists

national interest groups

emerge in 1830s-1899 because righgt to petition govt 1830s- with communication tech, first groups emerge mostly based on christian coalition -->american anti-slavery society in 1833 by WL Garrison more groups after Civil War -->women's temperance union the grange for farmers RR industry

congress makes laws, bureaucracy ______________

enforces

Party caucus

entire congress (orgnization) based on party caucus help schedule discussion

lbj's great society and war on poverty created new buereaucracy agencies

equal employment opportunity commission by civil service rights act of 1964

executive office of president

est in 1939 bc New Deal to oversee bureaucracy includes prime policy makers in their fields who advance pres preferences includes National Security Council, Council of Economic Adviser, OMB, Office of the VP, US Trade Representative

national security council

established in 1947 composed of president, VP, secretaries of defense and state, joint chiefs of staff, director of CIA

25th Amendment

established procedures for filling vacancies in office of president provides for majority of cabinet to declare pres unable to fill duties vp is pres when pres is in surgery or incapacitated nixon replaced agnew with ford ford appointed rockefeller

administrative procedures act

established rule making procedures to give everyone chance to participate interested parties must be given the chance to submit written arguments and facts statutory purpose and basis of the rule must be stated

What are the two clauses in the First Amendment that address freedom of religion? (two answers)

establishemnt, free exercise

three eras of presidential power

establishing power (1780-1809) incremental expansion of power (1809-1933) growth of modern presidency (1933-present)

hispanics vote _________ than blacks

even less

cattle show

event with all candidates during primaries notorious for gaffes and gotcha moments

census

every 10 years enummeration of people article 1

random sample

everyone has the same chance of being chosen

national news magazines

ex. Time, Newsweek, New Republic (moderate liberal), Weekly Standard (Conserv), Nation (left) drop in subscriptions online mags ex.: salon.com, slate.com, politico.com

spoils sytem

exec can fire public officals and replace with party loyalists

Article II

executive branch, limits power

third party trends

existence is sporadic and intermittent roots in sectionalism economic protest specific issues like Green Party can be based on ideology

Religion

faith based poltical activism by liberals but moral majority (R) and Christian Coalition (R) in 1990s; largest predictor of vote after party affiliation

pseudonyms

fake names ex. Caesar, Constant Reader, Publius (a federalist one)

Liberal

favor extensive government involvement in the economy and the provision of social services and an activist role in protecting rights of women, elderly, minorities, and environment. stress need for government to provide for the poor and homeless government provides a wide array of social services tend to favor government being activist in regards to rights of women, elderly, minorities, gays and lesbians, environment

merit system

fed service laws are classified into levels, to which apartments are lade based on exam performance

preclearance

federal approval to change voting laws in areas with a history of denying suffrage and the court case that overturned it.

Grants increased which level of governments power?

federal power

from the constitution debates, what emerged?

federalists and anti-federalists

PAC Contributions

feederally mandated officially registered fundraising committee that represents interest groups admin-ed by FEC incumbents really beenfit limited by BCRA

differences between houses that make legislation harder to pass in one than the other

filibuster holds rules committee more/less formal

reasons to hold a special election

fill vacancies, v low turnout

Election Day

first Tuesday after the first Monday in November GOTV First Tuesday after First Monday in November Exit Polls Precincts Motor Voter Laws Registration Drives Voter Canvassing Victory Speech or Concession Speech State Policy Voter ID Laws

RR industry

first to use lobbyists

scorekeeper

focus on horserace journalism

organized labor

for better conditions AFL in 1866

executive agreements

for treaties get around senate informal not permanent

Why did national government use grants in the 1960s?

force states to behave desiredly

Difference in tone between House and Senate

foreign policy v. tax and revenue policy

exploratory committee

formed to determine the viability of one's candidacy for office; activities may include polling, travel, and other communications relevant to the purpose

George Gallop

founder of polling; government should do what public wants--polls speed up this process of democracy (pluralists say that government must not ignore minority)

amicus curiae

friend of the court chance for interest groups to present argument a way that lobbyists can influence the court

public funds

from tax revneue only pres elections candidates who qualify can apply for matching funds funds come from fed tax return

national committees

function as national governing bodies arrange convention and campaigns also congressional committees loosely aligned to RNC and DNC

PACs

funding vehicles created by a corporation, union, or some other interest group, registered with the FEC

American Independent Party

george wallace charisma south: sectionalism specific issue not for civil rights

personal campaign

get people to like them as a person be with family, show reasonableness, meet people everywhere

block grants

give more authority to local authority few strings attached given to states by federal government for a specific *category* (categories: edu, health, income, security and transportation)

on background

gives trusted media members amazing source; reporters don't like it because no soruce can be giving

context regulation

govt attempts to regulate electronic media; print media is not as regulated because electronic media relies so heavily on govt always

GI Bill

govt issue bill college loans and reduced mortgages for vets

ethics in govt act of 1978

govt offiicials must wait 2 years before lobbying in field they worked (or 1 year for all others)

Independent Executive Agency

govt units that resemble a cabinet dept but have a narrower area of responsibility, perform a service rather than a regulatory function. Heads are appointed by president and serve his/her pleasure ex. CIA, NASA, EPA

Post Civil War, federal government...

grew in power and imposed its will on states through amendments (13th, 14th, 15th, which are the Civil War Amendments)

polarization

group bw left/right increasing

political party

group of office holders, candidates, activists and voters who indentify with a label and seek election big tent

trade assoc

group that reps a certain industry

factors for interest group success

groups fraw from upperclass and more edu leaders:almost like a entrepreneur patrons and funding: people to finance and membership dues, etc. members: 3 tiers: leaders-phsycologically and organizationally committed, rank and file (the majority) provide collective good

filibuster

halting a bill by long speech or unlimited debate delays action on bills and pres nomination (nuclear option) Prevent/delay action on a particular bill. Prevent/delay other business from being conducted.

individual contributions

hard money

house ways and means, and appropriations and budget committees

have more power congress can approve appropriation but useless until spent

Polls

have people heard about the candidate? is he a good candidate? how do they respond to an ad?

pres party

head of govt but also commander of party; can appeal for party loyalty in congress can be party builders ex. Wilson, FDR (D's), Reagan (R) example of Party Non-Builders-LBJ, Eisenhower, Nixon, Carter

rating candidates

help evaluate voting records make voters more aware of voters on key issues NRA

patronage

helps build coalitions jobs, grants, or favors that are given as rewards to friends/allies for support

What are two courts from which decisions can be appealed to the SCOTUS?

highest state court court of appeals

voting rights act of 1965

hoped to address lack of voting by blacks most successful civil rights legislation may not deny right to vote on basis of race LBJ outlawed literacy tests, directed AG to challenge VA's poll tax, appointed federal examiners in certain jurisdictions meeting statue's formula immediately challenged in court when passed Law that gave the federal government the ability to monitor voting regulations in areas that have been traditionally discriminatory (preclearance). The law also makes the 15th amendment a reality and directed the Attorney General to challenge state and local poll taxes.

Which house has the higher re-election rate and why?

house

implement

how agencies work out details of what congress wants to do the process by which law or policy is put into operation by bureauc

Presidential compromises during constitutional debate

how impeachment works electoral college

1948 polling

huge error in polling ("Dewey beat Truman")

online

huge growth online users also read paper news readers take news any way possible us govt put more info online access to foreign news (BBC, Al Jazeera) men tend to use web news more upperclass uses more web for news web news users are more informed

Legislative action by Congress after Roe v. Wade that set limitations on taxpayer money being used to fund abortions.

hyde amendment

How do parties pick a candidate to run for an office? What are some common issues with this system?

if you are too left/right, you can't appeal to moderates

formal

in constiution; limited

committee of the whole

in house, using 100 members to debate but everyone votes

AM Radio

in mid-1980s conservative talk show hosts like Rush Limbaugh and Sean Hannity

contacting respondents

in person ask them to call in phone (cell phones make it harder)

public opinion and leadership

increase attention as leadership strategy presidency transforms its occupants

GOTV

increase voter turnout through issue advocacy

Libertarian

individual freedom and curtailment of state power Generation X tends to be more libertarian Favors free market and no govt interference in personal liberties 3rd party Liberals say libertarians want to reduce defense budget and CIA and FBI *Less govt involvement all the time* (is the most consistent because no compromises or ethical questions, completely free market)

party leader

influence platform mobilize party support help elect other candidates (coattails)

on the record

info can be used with caveats, quote source by name

cabinet

informal heads of major executive departments help pres executive laws and make decisions most depts created because interest group pressure cabinet has grown recently

call on the party

informal leader of the party especially important if congressmembers elected on pres coattails ex. LBJ 1964, Reagan 1984

Direct Democracy examples

initiative referendum recalls

Government

institution makes policies and conducts state affairs

iron triangles

interaction with agency interest group congressional (sub)committee public policy is a byproduct of this interaction

press secretary

interacts and communicates with journalists on a daily basis explain bad news/clarify something

Public Opinion Polls

interview or surveys with samples of citizens to estimate feelings of entire population

watchdog

investigate journalism, like watergate

Senate

is smaller less formal unwritten rules polite to each other indiv members have more power in senate than indiv in house harder to lead senate

once a bill is introduced by one congressmemember

it can be cosponsored

Rider

it rides along with appropriations for an easy passage many appropriations bills are "must pass" so they use riders. it is an off-topic amendment that changes permanent law governing a program funded by the bill

Authorization for Use of Military Force (AUMF)

joint resolution authorized president "to use all necessary and appropriate force" against those responsible for the attacks of 9/11. Not a formal declaration but president can send troops to war

judicial control of bureaucracy

judges can issue *injunctions to federal agencies* courts have ruled that all agencies must give affected individuals their due process There has been a *trend of judicial respect to agencies*

the automatic plan

keep electoral college but lose electors

power to persuade

key for support constitutional powers alone do not provide enough tools to meet public expectation

honeymood period

key to enact pres policy bc support declines

killing bills

killed by veto in 9 places subcommittee, full house comm, house rules comm, full house comm, house rules comm, floor leaders of both houses, conference comms, president

yellow journalsim

late 1800s-early 1900s pics, comics, color "yellow kid" comic captured immigrant market sensationalized

Generation X

late 1960s through mid 1970s graduated in recession believe that political leaders ignore them very libertarian - embrace capitalism

Before the New Deal federalism was like a

layer cake

Confederation

league of independent states from a nation but retain power under weak central government

Poltical Socialization

learning process by which people acquire their polticial views family, elemetary school (patriotism), middle school (citizenship), college (emphasis on questioning governemtn)

Anti Federalists

led by Jefferson-won as first party candidate in 1800 madison

concern about price fixing in RR industry led to a shift from service-> regulation

led to Interstate Commerce Commission, one of first independent regulatory commisssion

staged media events

like sound bites that carefully capture what candidate is trying to say

rules in the House

limit debate stricter rules

war powers act

limit pres deployment of troops pres must notify congress within 48 hours of sending troops to war must consult congress when feasible

Pendelton Act 1883

limited patronage no more patronage in exec branch

closed primary

limited to registered party members

lobbying the judiciary

lobbyists can directly sponsor filing litigation amicus curiae

Base/Activists

loyal and likely to vote base is shinking ridig ideas The most active party members, those most likely to be involved in local party business and vote in primary elections.

Bureaucracy

made of thousands of fed agencies and institutions that implement and administer federal law and programs. large arm of exec branch translating law into action hierarchical and specialized Implement laws Rule making Opportunity for citizen engagement Enforce laws Executive branch Bureaucrats earn their seat by merit and not appointment

cabinet departments

major administrative units with responsiblity for broad areas of govt operations. usually indicates a permanent national interest in a particular govt function such as defense, commerce, ag each dept is headed by a secretary (DOJ has AG) secretaries have 2 masters: president, people affected by their dept congress gives secretaries appropriations and the discretion to implement legislation and policy each secretary has deputies or undersecretaries can be clientele agencies-created to promote the interests of a given clientele-specific social or economic group. usually the result or a powerful interest ->ag, edu, energy, labor, vet's affairs, indian affairs

election activities

major party events can be targets

critical periods

major, lasting shift occurs in popular coalistion supporting one or both sides- kind of voters supporting each party changes and issues that separate the parties change

majority party

majority leader (2nd most important) elected by party caucus help schedule discussion

unit rule

majority of state delegation can force minority to vote for candidates

House Rules Committee

majority party members appointed by speaker *can add or rule to bill (time/date of discussion, etc.)* sometimes adds Closed Rule discharge petition reviews all bills after standing committee (except revenue, budget, and appropriations bills) Make it easier or more difficult for a bill to pass. Make the process more efficient/orderly/manageable.

shared powers between houses of congress

make law declare war raise army/navy coin money regulate commerce establish federal courts immigration and naturalization

Ratifying Conventions

mandatory for every state to hold one to consider ratification 1787-1788

lobbying the executive

many access points not just president many pres have staff to deal with lobbyists and interest groups regulatory agencies heavily lobbied (in bureauc)

why do third party candidates often struffle to get on the ballot?

many states require large number of signiatures and filing fees

After the New Deal, federalism was like a

marble cake

recent conflict of state/national authority

marijuana

party in the electorate is

mass of potential voters who identify with a party

how do we get number of electors in a state

members in house + members of senate

specialiazation in congress and influence on legislative process

members of congress develop policy expertise more attention to legislation better legislation

_______ are more knowledgable but ________ vote mroe

men are mroe knowledgable but women vote more

majority-minority district

minorities are the majority of popu dont violate voting rights act of 1965

The 1966 court case that established the procedural right to be informed of Fifth and Sixth Amendment rights upon arrest, such as the right to remain silent.

miranda v. az

Functions of Parties

mobilizing support and power force and stability and moderation unity, linkage, accountability electioneering platforms

presidential election campaign fund

money for pres candiates to use (box on tax return)

Dark Money

money raised by 501c (4) and (6) dont have to disclose donors groups receive unlimited corporate indiv or union contributions the IRS has jurisduction, not FEC , over these groups

rank and file

more casual support

jewish

more democratic

delegates

more left/right than typical voter, more wealthy, (D) have more women and minority as delegates. 1968- DNC used proportional representation by minority group. Are moderates underrepresented?

women who work outside of the home

more liberal

rules in the Senate

more open but often requires supermajority (60) to end filibuster until cloture

protestants

more republican

incumbent advantage

most congressman are relvatively unknown; advantage of being in office, each member of congress gets $750k in tax monry to run office mostly for constituency services (casework)-things the congressman does to help his district- form of self-promotion (ex. writing recommendations, passport help)

Taney's Court

mostly covered slavery. It gernerally decided in favor of state's rights of dual federalism.

do candidate debates help?

mostly scripted immediate spin calrify preconceptions and increase knowledge

Prerequisites to being a representative

must be a member of major party be able to fundraise a lot

advantages on incumbency

name recognition access to free media inside track on fundraising franking

3rd parties are not limited to

national elections

Liberals

national govt has role to play supprot activist govt

mandate

national law that gets states to comply with federal rules

local elections

nationalization of issue hard to get local problems out newspaper endorse is very influential most people who read paper end up voting

qualifications of pres

natural-born (cannot be naturalized) 35 yr resident for 14+ years

non-partisan primary

nebraska and lousiana can produce candidates from same party

modern print media

newspapers periodicals jounrnals newsletters

executive privilege

nixon claimed exec privilege in watergate- break in at DNC HQ in 1972. nixon covered up evidence ability of pres to keep secret conversations with memoranda to or from advisors (not in constitution)

efforts to shink bureaucracy

nixon, clinton, coolidge, GW Bush

fast track status

no amendments to an agreement congress must vote up or down within 90 days

open seat

no incumbent in the race is running for election; wait for an incumbent to leave office before you run, more people vote in an election for an open seat senate races have more publicity than House because they are statewide senate attracts higher quality candidates because every 4 years

changes to conventions

no more dark deal-making rooms. from 1830-1900s, cons under party leader's control (kingmakers). early conventions featured uncommitted delegates-they could exchange vote for bribes.

How have all phases of elections (at all levels) become more democratic in the last 100 years?

no more kingmakers primaries to vote we elect our senators (17th amendment)

congressional party

nominate House Speaker and Minority leader and majority, whips, enforce discipline, appoint committee members, organize congress, bring legislation to floor

brokered/Contested/ open convention

nominee unknown after first polling now we know nominee usually well in-advance 1968 democrats in chicago fighting 1976 for repubs fight bc Ford beat Reagan

line-item veto

not a real thing power to decide part of a bill This type of veto allows the president to delete parts of a bill, mostly the parts related to spending.

senate majority leader

not as powerful as speaker of house

informal

not in constitution; more powers; give more power to act authoritatively (ex. executive orders, exec agreements, persuade public opinion, exec privilege, inherent power, bully pulpit)

special elections

not on election day, various times during the year. usually to fill vacancies, v low turnout

off the record

nothing a politician says can be used

commander in chief

of army and navy pres have power to wage war and broaden exec powers

press conference

official appears in person about a range of topics; reporters try to get answers they need, politicians control message and spin the news

Social Group

older ppopulations vote more regularly and conservatively; women, especially unmarried, are typically demcorats because of social welfare; white men are typically conservative

exit polls

on election day used to predict key races sometimes released too early (ex. Carter "lost" 1980) and can be mistaken

realigning election

one loyal group switches sides due to 1 prevailing issue

lobbyist

one who spends at least 20% of client or employer time doing lobbying activity

speaker of house

only officer mentioned in constitution member of majority party ususally served for a long time presides over House spokesperson for House after VP, next in line for president liason with president only president elected by the whole house

public interest groups

organizations that seek collective good and will benefit not only group members ex. progressive, enviro groups, civil rights

raiding

organized crossover (not often)

interest groups

organized groups that try to influence public policy pluralism

House of Rep

organized more tightly bc so large loyalty and party lines more strict

Media

parties launch candidates w/ fanfare=bump in polls; can expose rifts in party like 1968 DNC over vietnam war

Force and Stability and Moderation

parties tend to tame extreme elements, parties can unite different groups

how do representatives get help with decision making?

party (whips), constituents, colleagues and caucuses-logrolling, interest groups, cost of campaigning makes it easy to listen to (PACs, Super PACs, 527s, lobbyists, etc.)

caucus

party members meet in small groups to select delegates to the national convention (required discussion with neighbors) Party members meet in small groups throughout state to award delegates to national convention

single member plurality system

party must get 1+ vote than other party only one member (party) represents each district The major reason that third parties do not play much of a role in Congress.

cheif legislature

pass/veto state of union convene emergency session of congress

Anti-Feds response Fed Papers

pen names- brutus and cato argued states would have no power under constitution supreme court wold be too powerful by invalidating tate law executive branch would have too much power needs bill of rights

Mass Media

people spend a lot of time on skewed data

electoral college

people who vote the states vote. each state gets 1 for each senator and 1 for each representative (DC has three even though no senators/reps) Faithless Electors 538 (435 +100 +3) 270 to win Majority to win 12th Amendment fix 23rd Amendment for DC Each state based on members of House and Senate

approval ratings

percent determined by poll which says how people feel about a person/program

presidential apporval ratings

periods of high approval offer pres an opportunity to get congress on board with policies high ratings at honeymoon period as pres takes divisive action, popularity wanes (bill clinton is exception bc he was honest and said he lied) most pres experience a rallying event that surges approval

party identification

personal affinity for a party expressed by tendency to vote for a candidate of that party losing strength

white house staff

personal assistants, senior aides, usually include chief of staff (oversees EOP), those who plan domestic policy, those who work with congress and interest groups, those who deal with media, size has increased over time; *not subject to senate confirmation*

people sometimes vote on __________________

personal benefits (taxes, civil rights, retirement, etc.)

"one person, one vote"

phrase from Baker v. Carr and Wesberry v. Sanders that means that each district should be relatively equal in population

vice president

picked for political/geography balance power? up to presient, since carter gave mondale more power, it's the norm

first lady

political roles media and public portrayals personal efforts

barriers for minorities in elections

poll taxes racism, prejudice intimidation english-only ballots majority-minority districts minorities tend to be democratic so the districting matters

1816-1861 growth of bureaucracy

post office grew (jackson made postmaster general a cabinet) post office is example of spoils system

Devolution Revolution

power returns from federal states (no more New Federal)

office of management and budget

prepares the pres's annual budget proposal, reviews the budget and programs of the executive, supplies economic forecasts, analyzes bills and agency rules budget and policy experts Which executive agency, created by FDR, drafts the president's budget?

executive agreement

pres getting around advice and consent of congress informal agreement enters into by pres and the head of another country ex. iran deal; not permanent to next administration; cements role of pres in foreign affairs; supreme court has upheld exec agreements every time they were challenged

power between president and congress

pres has upper hand but supposed to be equal (energetic president). congress usually gives power to pres in crisis but can also remove pres

public funds matching funds

pres primaries: FEC will match <$250 by federal treasury uses pres election campaign fund available to those who use it spending limits

Cues from Leader

pres' bully pulpit to influence

veto power

presentment clause chief legislator authority of executive to reject any congressional legislation pres has input in legislation threat of veto prompts congress to draft better bills veto requires both houses 2/3 to override (very hard to override so it doesnt happen very much) pres cannot veto a joint resolution that proposes a constitutional amendment

Intermingling of Branches

president has ability to veto legislation judicial review Congress passes law, but President drives agenda some say Supreme Court too powerful with rulings on abortion and criminal procedures that have, in effect, made it a law-making body

character issue

press obsesses over "sins" ex. watergate- press replaced party structure in screening process; scandal sells

media bias

press tells untruths or only party of truth, or facts ut of context

(Primary/General/Both?) Danger is moving too far left/right

primary

(Primary/General/Both?) Only for one party (with exception of Louisiana which has a blanket)

primary

how are delegates selected

primary and caucus party leaders have less control of it ex. democrats no longer use unit rule

order of pres elections

primary and caucus in winter and spring (select candidates for general election and delegates for convention) national conventions state elections electoral college

congressional rules

procedures not spelled in Constiution adopted by House and Senate that govern lawmaking make legislative process difficult to operate

Journalsim

process of collecting and dissimating news new info has been more incivilized than today

hatch act of 1939

prohibited civil servants from taking active role in partisan campaigns (contributions, work, or campaigning for one)

economic interest groups

promote economic interests of members, most fully ad effectively organized groups traditionally farm and labor (AFL-CIO) now more comomonly big business (Philip Morris, Haliburton)

Voter Turnout

proportion of voting age public that votes some estimates say 40%

regional primary

proposal to divide nation into 5-6 regions and every state votes at same time as states in its region

bill

proposed law must ahve consent of both houses

federal trade commission

protect small business from unfair competition

CLayton Act of 1914

protection rights like striking was undefeated by businesses

most effective lobbying

provide accurate info

impacts of polling

public opinion can fluctuate shouldnt the outcome of the debate force a poltiician to take a position, not be passive

paid media

purchased for campaign

which poll do pollsters not really care about the responses

push poll

spin

put most favorable interpretation on candidates and negative interpretation on opponent always. makes discerning facts and opinion challenging

administrative adjudication

quasi-judicial process in which a bureaucratic agency settles disputes similar to the way courts resolve disputes less formal than courts Ex. Congress lets the FTC determine what constitutes an unfair trade practice EEOC and Social Security also have judges

rulemaking

quasi-legislative administrative process that has the characteristics of a legislative act regulations are the rules that govern the operation of all government programs and have the force of law in essence, bureaucratic rule makers often act as lawmakers as well as law enforcers when the make rules or implement congressional statutes.

modern electronic media

radio tv networks online apps

New Deal

rampant unemployment 1933-1939 under FDR national government would have to expand authority as soon as FDR was inaugurated, Congress passed aphabetocracy

stratified samping

random most rigorous based on 4 regions of census data

samples

random sample strata sample quota sampling stratified sampling

1860

realigning election

When the number of Congressional districts in a state changes.

reapportionment

redistricting

redraw districts to refelct apportionment and internal popu shift and gerrymandering

make up of Executive Office of President

reflects pres' priorities ex. bush and office of faith-based and community initiatives

motor voter

reg through DMV (higher turnout) national voter reg act of 1993 people thought it was an unfunded mandate

state and local parties have more _______ power

regional than the national does

How to imporve voter turnout?

register to vote closer to election make election day a holiday use proportional rep (not winner-take-all) to encourage 3rd party representation autmoatically reg at 18 motor voter

all lobbyists must

register with clerk in House and Senate Report their clients/issues lobbied estimate amount paid by their clients

hard money

regulated contributions from individual PAC money is used for federal election has limits to directly support/oppose candidate money that is regulated by FEC

press briefing

relatively restricted live engagement with press. questions limited to 1-2 topics; press secretary or aide represents public official

501 (c) (3)

religious groups

Problems Under the Articles of Confederation

reluctance to give power to the national government Congress could rarely even get enough to meet (9) little agreement war debt, but Congress couldn't raise taxes Congress could only ask states for money. Congress could coin money, but it was worthless States began coining their own money, adding to the confusion Congress could not regulate commerce Individual states entering agreements with countries No executive to enforce laws fearful of a tyrannical leader No judiciary PA and VA went to war disputes about borders Many states violated Treaty of Paris, which officially ended the War State governments became dominated by a faction some state legislatures were accused of not protecting property rights of citizens passed laws that canceled debts and that confiscated the property of loyalists, created paper money which caused inflation that benefited debtors instead of creditors a problem with majority rule = can lead to tyranny of the majority in a small government

investigative journalism

reporters go beyond headlines and scrutinize public officials to find wrong doing ex. watergate-shifted direction of journalism, press has become very powerful

Describe the job of a representative

represent people for legislation

party representation in congress and influence on legislative process

representation is reflective of party chamber as a whole party pushes agenda determines leadership

Head of state

represents us as country meet with national heroes bestow honors to celebrities visit disaster areas

lobbyists

reps who seek to influence legislation that will benefit interest group oil steel sugar industries become effective at controlling legislature

red states

repub south midwest southwest rockies alaska

Which major political party does this statement describe? "Supporters favor traditional social values along with a judicial philosophy of restraint, favoring a more rigid reading of the Constitution. The core of support of the party comes from the South and the Mountain West as well as from religious conservatives across the country."

republican

cuban americans vote

republican

more education

republican except grad school students are dem

equal time rule

requires broadcast and stations to sell air time equal to all candidates in a political campaign

think tanks

researchers, scholars, academics policy ideas put out position papers, leaning left or right are not a formal part of a party ex. brookings (D), Cato (Libertarian), Heritage (R)

origination clause

revenue bills originate in House: revenue (raise)/appropriation (spend)

radio

revolutionary in 1900s coolidge and FDRs fireside chats

habeas corpus

right of prisoner to challenge detention on legal grounds, right to know the charges against you

third partyism

rise of alternative minor parties based on a single cause neglected by the major parties result of poltiical dissatisfaction

protests

risk jail time ex. shays rebelllion civil rights era

Theocracy

rule by religious leader, or by officials who are divinely guided/inspired Example: Supreme Leader of the Islamic Republic of Iran Ali Khomenei

executive order

rule or regulation by pres that has effect of law published in federal register can help clarify or implement legislation or make new policy ex. Truman desegregated military, LBJ institutionalized affirmative action, Reagan, Clinton, Bush on abortion

citizens united

said corporations and unions may fund indep expend with money from treasuries preivously only IE by PACs which were regulated so now, unlimited money for IE PACs must disclose name of donor and itemize amount spent in FEC report Super PACs are called IE only Committee (IEOC)

Great Compromise (also called CT Compromise):

same number of reps in the Senate; House reps by population House originates bills for raising and spending money

shortcomings of polls

sampling error-difference between the enitre population and sample. is on a bell curve can be wrong limited options-only two options, for example lack of info-if people don't know what theyre being asked about, the answers are skewed intensity-cant express how you feel

committee hearing

scandals celebrities sensational event

Presidential Succession Act of 1947

scheme by which a presidential vacancy is filled (not the same as the 25th Amendment)

under washington, ehad of each department was called

secretary congress created AG

profile of bureaucrats

selected on merit (pendleton act) small percent not based on civil service system appointive diverse and spread across 7 regions of the country many are close to retire ->program to train new ones -->trend to use outside contractors bc cheaper to train

treaty clause

senate approves pres treaties with 2/3 vote ex. Treaty of Versaillses by Wilson not approved by Senate

hold

senator asks to be informed before bill is brought to floor (a moratorium)

house appropriations committee

sets funding levels for depts, agency heads often have to justify funding levels congressional support services, like CBO and GAO can track bureaucratic policy and budgeting

Concurrent Powers

shared powers ex. tax, borrow money, est. courts States can't lay duties on items exported from a state *Supreme Court has original jurisdiction in disputes between states*

constitutional powers of congresss

shared powers between houses naturalization clause necessary and proper clause revenue bills

coalition builder

since FDR, executive plays large role in legislative process. Contract with America sought to change this but didn't work build coalitions (group/s who cooperate for common cause) building coalitions is hard in divided govt.

media on congress

size og congress is too big bicameral and lots of committees hard to centralize bc of committees (whips, majority/minority leaders, speakers) local coverage devoted to local congressmen

1850s

slavery broke whigs into REpublican (1854) nominated Fremont in 1956.

press regulation

slippery slope to censorship, if you want the New York Times, you have to allow paparazzi

501 (c) (4)

social welfare groups

collective good

something of value which cannot be withheld from individuals in the potential group

Conference Committee

special joint committee that reconciles differences in bills passed by house and senate made by members that originally worked by bill

stump speeches

speeches during campaign it's the same speech every day

spoils system to merit syste

spoils reached high at lincoln *pendleton act* passed after garfield's assassination by a disgruntled job seeker

Literary Digest

started in 1916 with postcards (oversampled wealthy) straw poll

political action committee (PAC)

started in 1974 with FECA a committee that raises and spends money to elect/defeat candidates most are business, ideological, labor regulated ($5k to a candidate committee per cycle) many politicians also from leadership PACs as a a way to raise money for other candidates campaigns

government units

state and local governments that lobby federal govt for fed $ block grants and pork barrel legislation

Platforms

statement of general and specific philosophy every 4 years and national convention platforms not as important

Personal Responsibility and Work Opportunity and Reconciliation Act of 1996

states control welfare

referendum

states/counties submit proposed legislation to voters for apporval. wording is important. are they good for direct democracy? (lower class underrepresentatived) could well-funded interest groups influence process? State legislature wants citizen opinion on pending legislation.

Anti-Federalists

strong state government and weak national opposed constitution protect states from a powerful and tyrannical govt small farmers shopkeepers laborers believed in common man's decency and participatory democracy elites are corrupt want protection for individual rights anti-british pro-french

Federalists

stronger national governemtn support constitution later are the first party under Adams tended to be property ownders, rich, merchants of NE and Mid-Atlantic, elitists (saw themselves as most fit to govern), pro-british, anti-french

texas v. johnson

struck down a law banning the burning of the flag because falg burning is protected symbolic speech

Parties and Judiciary

supposed to be above politics can be partisan and patronage appoint judges from party judges elected (on state level) more partisan

congress est size of

supreme court

who can mandate states?

supreme court categrorical grants fed govt

Federalism

system of governemnt where government authority is shared by national and sub-national governments. Power is derived from the people. Fear of tyranny led to separation of power from state and national governments

pres succession

system of orderly transfer of power 1. vp 2. seaker 3. pro temp 4 sec of state, treasury, defense

litigation

take legal action

pollster

takes polls to decide what resonates with people

527s

tax exempt group tenchnique used to bypass BCRA (BCRA created 527 loophole) raise money for poltical activites (GOTV, issues) no contribution limits from tax code, not in FEC used to get around campaign finance laws

revolving door

tendency for former govt workers (esp. in bureaucracy) to use their connections and work for interst groups

horse-race journalism

tendency of national media to focus on the winner maybe at expense of covering issues bandwagon, importance of strong early shwoing, self-fulfilling prophecy

frontloading

tendency of states to primary asap (70% delegates awarded by march), are nominees selected too early? benefits the frontrunner

when you exapnd the economy, you expand

the bureaucracy

rule of propinquity

the closer you are to power, the more power you have workers in white house 7 cabinet secretaries pres surrounds himself with most loyal confidants who get power

lobbying

the process by which interest groups attempt to assert their influence policy - making

What happened at the Constitutional Convention?

there were competing plans when the delegates met in Philadelphia on May 25, 1787 VA Plan (Edmund Randolph and James Madison) consisted of 15 resolutions that would create an entirely new government NJ Plan (William Paterson) took greater steps to preserve the Articles

Idealogues

think about poltics and vote strictly on the basis of liberal/conservative and party affiliation

vetting

thorough investigation to enure an individual is qualified fo rthe job

Anti Feds and Feds

those were not mobilizing parties, based on leader's personalities

Key Features of Separation of Powers

three separately staffed branches of government to exercise functions Constitutional equality and independence of each branch

why don't people vote?

too busy diffiuclty of reg (most reg voters do vote though so you just need to get them registered) low number of adults are even reg "cost" of reg is high difficulty of absentee voting too many elections? but that's federalism

common criticisms of bureaucracy

too large, powerful, unaccountable and wasteful

impeachment process

treason/briverry/misdemeanors/high crimes check and balance with use of House (50%) and Senate (2/3) impeachment begins in house impeachment travels through congress just like a bill

cheif diplomat

treaties recognize other ambassadors control dept of state

power to make treaties

treaty is agreement bw US and another country 2/3 confirmation from senate senate can require amendments pres may electe fast track status

midterm congressional elections

trend for pres' party to lose seats --maybe public wants to send a message --especially strong in 6th year of presidency vs. 2nd year --great example in 1994- devolution revolution --reason for this--midterms have lower turnout --2002 was an exception for Bush bc he gained seats

candidate recruitment and endorsements

try to recruit like-minded candidates (EMILY's List (liberal), WISH list)

district plan

two electors selected according to statewide popular vote and other electors would be selected separately in each of the state's congressional districts

president of senate

unique leadership in constitution vp in presidening officer (the president) only job is to vote when there is a tie mostly delegated to a junior member

pentagon papers

unveiled by ellsberg that revealed secrecy of nixon in vietnam war so congress passed war powers act

many large corp

use lobbysists

franking

use tax $ to sign instead of stamp

Adams

used party to win office during his 1 term competing caucuses organized around Hamilton and Jefferson (just meetings) Parties are very important in Congress; parties caucus in Congress

grassroots

uses ordinary citizens door-to-door petitions emails websites

single issue groups

usually more zeal abortion (army of god; NARAL (national abortion rights action league), EMILY's List (pro choice) gun control (NRA; Brady Campaign (more pro-gun than NRA))

pardon

very broad power not for impeachment *executive grant providing all rights to an indiv* charged/convicted of federal crime ex. ford pardoned nixon so nixon wouldnt face cahrges can pardon groups ex. carter pardoned men who his out of us to avoid vietnam war

501 (c)

very common tax exempt engage in varying amount of poltiical activity which can be their primary purpose no contribution limits donate to Super PACs big role in TV ads from tax code, not in FEC used to get around campaign finance laws

specific advantages for incumbents

visible in district name recognition 95% of House is redistricted large staff experience

crossover voting

vote agaisnt a candidate of another party (especially in runoffs)

Prospective Judgement

vote based on candidate's pledges if elected-requires otesrs to be knowledgeable about issues. Both judgements can be harsh (pres isn't entirely responsible for good/bad during terms)

Deserting Party Affiliations and ticket-splitting

vote diff parties in diff elections (more common in divided govt (like one party has presidency and one party has House)) (doesn't happen at primaries because you say either democrat or republican)

early iterations about electoral college

vote for 2 candidates, #1 is pres and #2 is VP- tie goes to teh House, this was before parties (nonpartisan)

straight jacket

vote on same aprty lines always (blacks usually do this)

logrolling in congress and influence on legislative process

vote trading/bargaining speeds process govt can do more

recalls

voters can remove an incumbent with popular vote rare some recent ones in wisconsin and california should politicians be able to be recalled or see if they can fix things deelection (vote someone out of office) just gets you out of a job for doing somehting unpopular (impeachemnt is diff bc youve done omsehting ilegal and its on fed scale)

primary

voters choose candidates for general election ticket

retrospective govt

voters judge performance of party/person in power 1980- Carter's Iranian Hostage Crisis (worst retrospection) 1984- yay for Reagan 1988- yay for reagan 1992- boo for bush 1996- yay for clinton 2000- tough to say 2004- bush encouraged people to judge Kerry's record in Senate

campaign strategies

voters trust the media more than ads an isolated candidate can't cause media problems staged media events spin talk show debates cattle show

What are federal laws or policies towards representation and voting?

voting rights act of 1965 preclearance - no more lit tests baker v carr compact and contiguous districts 12th 19th 24th 15th 17th 23rd 26th

civil war and growth of govt

war caused bureaucracy to exapnd lincoln created dept of agricutlre to help farmers iwht new science pension office for veterans and benefits DOJ added in 1870 (only dept without a scretary, but ti has AG) rise in number of depts and eployees and patronage

most major expansions of bureaucracy occur bc of

war, social crisis, econ emergency

print media

way more reporters readership is down in newspapers papers have to focus on local stuff diversity is down bc media conglomerates make media homogenous

post civil war

weaken executive A. Johnson was not going along with reconstruction agenda and passed tenure of office act johnson was impeached but not removed (same for bill clinton)

candidate's personal contributions

wealthy candidates ex. romney, trump

Member to candidate contributions

well-funded electoral secure incumbents can contribute campaign money to needy candidates - can be done via PACs or individual donations

whigs and dems

were first two-party system 1832-1854

press covers ______________________________________

what candidate is doing (whether or not they are looking successful)

sophomore surge

when a candidate first runs for reelction, that candidate gets a bigger vote (probs bc incumbency)

runoff primary

when one doesnt get 50%, it's a contest betweeen two highest nominees

when do third parties run for office?

when open seat in House or when competition bw D and R is low do best when people dont trust major parties

gerrymandering

when redistricting, the majority party in the state legislature can try to assure max representation in congresss by drawing districts in a political way. does mapmapker have more power than voter? can make winning a primary>winning a general election. you have to be so liberal/conservative to win primary bc the districts are gerrmandered to be that way

Appellate Jurisdiction of the Supreme Court

when there's a conflict among the lower courts

electoral college results reveal

which regions parties dominate

which party ceased to exist in1860?

whigs

who is more likely to vote

white wealthy educated old

to award electors, most states use

winner take all (maine and nebraska don't)

winner-take-all primary

winner takes all delegates (democrats avoid this) (used by republicans to garner delegates quickly)

what do presidents look for in appointments?

wisdom, loyalty, competence, recent push to make them look more american (diverse)

appointment power

with advice and consent of senate (1/2 vote) pres appoints ministers, consuls, justices, officers 6000 appointments justices appointed can last a long time and have pres' legacy

Even after the Civil War, the Supreme Court continued to rule

with dual federalism and upheld laws passed under states' police powers

push poll

with ulterior motive (info on an opponent) reputable firms dont do them results arent recorded

Christian COalition

wored closely with bush in 2001 as he created office of faith based and community initiatives

press release

written document offering official comment or position on an issue or event; was physical, now technology

invisible primary

year prior to official nomination season, candidates campaign and fundraise early Because of frontloading, candidates begin campaigning and fundraising a year before primary season

is press biased

yes-recent bias is unintentional