ULTIMATE GOV QUIZLET (doesn't work + slightly outdated)

Regressive Tax

A tax whereby people with lower incomes pay a higher fraction of their income than people with higher incomes.

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.

Pentagon Papers

A top-secret account of US military action in Vietnam, which showed that President Lyndon Johnson had lied to Congress and the public about the extent of the war. Analyst Daniel Ellsberg leaked the Pentagon Papers to the New York Times in 1970.

Entrance Poll

Performed on Election Day, these surveys are taken as voters enter their voting location.

Exit Poll

Performed on Election Day, these surveys are taken as voters exit their voting location. Media outlets often rely on exit polls to determine election results, even before the ballots have been counted. The possibility that the prospective voter might change his mind after the poll is very small compared to that of an opinion poll, therefore the margin of error of an entrance poll is expected to be lower than that of an opinion poll. Estimates provided by entrance polls can be obtained more quickly than those of exit polls because the people can be questioned earlier. However, they are also possibly subject to a higher margin of error as early voters are given a higher preference than in exit polls.

Environmental Protection Agency

Protecting human health and the environment by developing and enforcing regulations.

Department of Homeland Security

Protecting the United States from terrorist attacks, controlling borders, and minimizing damage from natural disasters.

Social Security Act of 1935

Provided old-age pension (retirement), and a program of unemployment insurance (temporary aid to help people who lose jobs to find a new job), and federal welfare program (aid for very poor). Most famous and important legacy of New Deal. Has resulted (along with Medicare) with drastic reduction in poverty among elderly in the US.

Social policy

Public policy related to health care, human services, criminal justice, inequality, education, and labor.

Individual liberties

Personal freedoms that the government cannot abridge, particularly those guarantees found in the Bill of Rights.

Securities and Exchange Commission

Regulating the stock market and protecting investors from fraud.

Fundamental Rights

rights and immunities protected by the Bill of Rights and interpreted by the Supreme Court as "implicit in the concept of ordered liberty," and therefore protected against state governments in addition to the federal government

Poverty Line

the official measure of poverty; calculated to include incomes that are less than three times a low-cost food budget.

iron triangle

A longstanding, mutually-beneficial relationship between an interest group, congressional committee, and bureaucratic agency devoted to similar issues; for example, the American Association of Retired Persons, the Congressional Subcommittee on Aging, and the Social Security Administration all work closely together on issues related to senior citizens.

HMO (Health Maintenance Organization)

A managed care organization that provides comprehensive medical services for a predetermined annual fee per enrollee.

Millenials (Generation Y)

Generation: 1980-1996 influenced by 9/11 and conflicts in Afghanistan/Iraq and the presidencies left them to lean left

Progressive ideology

'Progressive' is used interchangeably with 'liberal' by many today; others argue that the two terms are distinct. Those who consider the terms separate may say that liberals believe in protecting previously disadvantaged groups from discrimination, while progressives believe it's the government's job to address past wrongs and reform the systemic issues that caused those disadvantages in the first place.

legitimacy of the Supreme Court

-The public trust in, and willingness to accept the rulings of, the Supreme Court. -Legal scholars have noted that to maintain its legitimacy in the eyes of the public, justices are careful not to give the appearance of favoring one political party over another by ruling too often for or against liberal or conservative policies.

Virginia Plan

-"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation. -Derives power from the people, not states -Includes a judicial, executive, and legislative branch -Two house legislature with one elected by the people, the other with those elected by state legislatures -Legislature can elect juries and executive

Federalist no. 78 (1788)

-"The Judiciary Department," written by Alexander Hamilton. In this essay advocating for the ratification of the US Constitution, Hamilton describes the proposed form for the new government's judicial branch. He argues that judges should serve for life to preserve their independence. Hamilton also provides an early argument for the power of judicial review, stating that the courts' duty is "to declare all acts contrary to . . . the Constitution void." -Judge's term must be for life. -This frees judges from political pressures and prevents invasions on judicial power by the president and Congress -Should be the weakest of the 3 branches -Can help protect us from factions -The judicial branch possesses only the power to judge, not to act, and even its judgments or decisions depend upon the executive branch to carry them out

First 10 amendments

-1st Amendment= RAPPS...Religion, Assemlbly, Press, Petition, Speech....or if you'd rather "SPARP" -13th, 14th, 15th were known as the "Civil War" Amendments...13-ban slavery, 14-make the newly freed slaves citizens, 15-give African Americans the right to vote -Must be SPECIFIC about which part when answering questions

Penumbra Doctrine and its role in civic rights

-9th amendment's other rights can be found in the penumbra created by necessarily arbitrary lines of legislation (congress writes legislation broadly creating a grey area that creates our rights) (the government doesn't have a penumbra, it's rights are explicitly stated) -Anti-federalists would like the 9th amendment because it closed any loopholes the federal government may have to restrict states' rights because it would protect liberties not explicitly stated in the Constitution, and they wanted to protect from tyranny as much as possible (wanted it originally). The federalists would like it because they would get to please the anti-federalists and it prevented them from writing an entirely new Constitution

entitlement

-A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. -As entitlement costs grow, discretionary spending opportunities will decrease unless tax revenues increase or the budget deficit increases.

The Federalist Papers

-A collection of 85 essays written by Madison, Hamilton, and Jay in support of the constitution -Did not have a large impact on the actual ratification, but rather the people's views -Highlighted the reasons for the new government's structure and benefits -Stand true to the political philosophies at the heart of the Constitution -Wanted to control factions through a large republic, eliminating corruption of small government with fewer options (Federalist No. 10) -Controlling the "mischiefs of faction," -Delegating authority to elected representatives and dispersing power between the states and national government -Pluralist

Committee of the Whole

-A committee of the House on which all representatives serve in order to consider the details of a proposal. Relaxes the usual limits on debate, allowing a more open exchange of views without the urgency of a final vote. -The purpose of a committee of the whole is to relax the usual limits on debate, allowing a more open exchange of views without the urgency of a final vote. Debates in a committee of the whole may be recorded but are often excluded from the assembly's minutes.

interest group

-A formal or informal association of people seeking to influence governmental policy in favor of their interests; interest groups may represent social causes, economic and corporate interests, or religious and ideological interests. -Has the greatest influence on narrow issues, only a few interest groups, and technical information -There are many competing interest groups, and they can take a variety of forms, but all seek to influence public policy in favor of the needs of their constituents. Not all interest groups have an equal impact on policy, however, as some have more funds, greater access to decision-makers, and more committed members. -Not all interest groups have the same economic resources, giving some groups more access to decision makers. -Although some interest groups donate the majority of the money they raise directly to candidates' campaigns, many choose to spend their funds on mailers, TV commercials, and other advertisements to spread awareness about an issue. Others focus on recruiting future candidates or passing ballot measures at the state level. -Interest groups may also choose to mobilize their resources in different steps of the policy process. Some groups may work to identify and frame problems, while others may direct their resources toward blocking the implementation of a policy. -Have an advantage over the people regarding policymaking as they can rely on their resources to persuade policymakers to adopt their policy goals.

issue network

-A group of individuals, public officials, and interest groups that form around a particular issue, usually a proposed public policy that they wish to support or defeat. -Issue networks are coalitions of experts inside and outside of the government who want to influence particular areas of public policy. They don't work together as they all have different ideas about policies.

First Amendment

-Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. -"wall of separation between Church and State" exists, forbidding any government support for religion. (A phrase coined by Thomas Jefferson in an 1802 letter, which described his view that there should be complete separation between the government and religion.) -Some argue that there is no "wall" and that the government has every ability to aid and support religious institutions, charities, and schools and to allow public religious displays and school prayer.

Letter from Birmingham Jail

-A law affecting African Americans is unjust if they had no part in creating it as a result of being denied the right to vote. King argues that African American disenfranchisement in Alabama impeded democratic participation, leading to the passage of unjust segregation laws created by legislators who were not democratically elected. -Written by Martin Luther King, Jr., while detained in a Birmingham, Alabama jail cell for protesting segregation, this open letter to members of the clergy was published in newspapers throughout the United States. The letter critiqued the idea that civil rights demonstrators should wait until a later time to pursue racial justice and that it was immoral for protesters to break the law. King argued that there are two types of laws—justs laws and unjust laws— and that "one has a moral responsibility to disobey unjust laws." -A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn't speak out against racism. -King feels that African Americans will share the phrase "We hold these truths to be self evident that all men are created equal" in the American ideals Jefferson stated in the Declaration of Independence because African Americans should be treated justly and equally. -King questions the reliability/credibility of a state that does not recognize the right to vote for all, and believes that this shows a flaw in their character which inhibits them to have a true democracy and have democratic laws. -Three actions Civil Rights that Dr. Luther King was involved in that inform his writing of a "Letter from Birmingham Jail" were Montgomery Bus Boycott: Year-long campaign to end discriminatory laws and practices in Montgomery via boycotting public transportation Albany, GA Protests: Campaign in Albany, Georgia to pressure community into action to stop violence against Black Albany State College Students Birmingham Boycott and Protests: Campaign in Albany, Georgia to pressure community into action to stop violence against Black Albany State College Students -"We know through painful experience that freedom is never voluntarily given by the oppressor; it must be demanded by the oppressed. Frankly, I have yet to engage in a direct action campaign that was "well timed" in the view of those who have not suffered unduly from the disease of segregation. For years now I have heard the word 'Wait!' It rings in the ear of every Negro with piercing familiarity. This 'Wait' has almost always meant 'Never.' We must come to see, with one of our distinguished jurists, that 'justice too long delayed is justice denied.'"

realignment

-A major change in the composition of party coalitions, often brought on by a new or pressing issue (often economic trouble or war). For example, the Great Depression led many African Americans to leave the Republican Party and join the Democratic Party in the 1932 election, permanently changing each party's base of supporters. -Not to be confused with a recalibration or change in party control of the White House and/or Congress, a realignment is a fundamental and long-lasting change in coalitions of voters.

Civil Rights Movement (1960s)

-A movement, led by both grassroots and national civil rights organizations, to end segregation and other forms of discrimination against African American citizens. -The federal courts cleared the way for civil rights reform through rulings in a series of cases, starting with Brown v. Board of Education, that invalidated segregation as a violation of the equal protection clause. -After civil rights demonstrations such as the 1963 March on Washington for Jobs and Freedom, President John F. Kennedy and successor Lyndon B. Johnson made passing civil rights legislation a key part of their agendas. Despite opposition from white southern representatives, Congress followed by passing the Civil Rights Act of 1964 and the Voting Rights Act of 1965, which outlawed discrimination based on race, sex, and other demographic factors.

citizen journalist

-A person who reports on current events who is not trained in journalism or affiliated with a news outlet. Social media and smartphones have facilitated the rise of citizen journalists. -There are two parallel transformations happening in American news media in the twenty-first century. On one hand, news sources are becoming more diverse and varied than ever before. Anyone can be a citizen journalist, filming breaking events from their smartphone, bringing news to the public without going through the traditional channels of corporate news outlets. Anyone can start a blog or YouTube channel devoted to reporting and commenting on current events. Likewise, it's easier than ever for Americans to access news stories from a range of sources and a range of devices. -Although anyone can be a reporter in today's media landscape, untrained journalists may not undertake the rigorous fact-checking that characterizes traditional news media. And although it's beneficial for democracy that American media is run by private companies rather than the government itself, critics worry that these large companies care more about generating revenue and pleasing sponsors than presenting factual information. Given these concerns, it's no surprise that the majority of Americans say they don't trust the media to present accurate information, and debates about the effects of media bias on public opinion flourish.

Stakeholders and institutions

-A point in the policymaking process with ordinary people who have an interest or a concern in a political issue and can influence the government. Donations to campaigns, protesting, voting, creating petitions, and contacting congressman/senators/president/state representatives are ways to do this -Flows from the separation of powers and checks and balances.

presidential nomination

-A president's formal proposal of a candidate to fill a position, such as a cabinet member or Supreme Court justice. -The stakes are especially high with life-tenured judicial appointments, such as Supreme Court justices; their life-tenured nature gives the president an opportunity to extend his or her influence for decades after leaving office. By comparison, White House staff positions do not require Senate confirmation and are typically much easier to fill.

Title IX of the Education Amendments Act of 1972

-A provision of the Education Amendments of 1972, which prevents schools and universities receiving federal funding from discriminating against female students. -Sex-based discrimination prohibited in any federally funded education program or activity Applies to colleges, universities, elementary, and secondary schools as well as any other training program Program significantly increased scholarships for female athletes while cutting programs for men some instances Provides protection for women subjected to discrimination and violence in the academic world

Equal protection clause

-A provision of the Fourteenth Amendment that prohibits states from denying equal protection of the laws to their residents. -A clause of the Fourteenth Amendment stipulating that no state shall "deny to any person within its jurisdiction the equal protection of the laws." The equal protection clause has served as the basis for most legal challenges to discrimination. -The Court has established in several cases that race-based quotas violate the equal protection clause because it disadvantages students of a particular race.

Congressional Gridlock

-Congressional gridlock is when there is difficulty passing laws because the different parts of government are controlled by the two parties equally. This will probably happen less because the democratic party is the majority in the Senate, House of Reps, and Executive branch. -Ideological divisions within Congress that can lead to gridlock or create the need for negotiation and compromise

Monarchy

A form of government which is defined by the rule of one hereditary king or queen in the interest of his or her subjects

exclusionary rule

-A requirement that any evidence found during an illegal search or seizure cannot be used to try someone for a crime. -The "Exclusionary Rule" is that illegally obtained evidence is not admissible in court. It plays a part in the "Fruit of Forbidden Tree" because anything obtained as a result of illegally obtained evidence is also inadmissible which discourages illegal search -For those accused of a crime, states may not infringe an individual's right to counsel, or their protection against warrantless searches. For example, the exclusionary rule stipulates that evidence illegally seized by law enforcement officers searching without a warrant cannot be used against that suspect in criminal prosecution. -stipulates evidence illegally seized by law enforcement officers in violation of the suspect's Fourth Amendment right to be free from unreasonable searches and seizures cannot be used against that suspect in criminal prosecution

Miranda Rule

-A requirement that law enforcement officers inform a person subject to an interrogation of their right not to incriminate themselves under the Fifth and Sixth Amendments; created after the decision in Miranda v. Arizona (1966). -The constitutional rights which police must read to a suspect before questioning can occur

Mandate

-A requirement that states or local governments meet a specific condition in order to receive federal aid -Rules of what states MUST do whether they receive money or not -States don't like this because they have to pay for it and cannot choose for unfunded mandates -Fisical federalism -National Minimum Drinking Age Act of 1984 -A mandate is not a type of grant but rather an unfunded federal requirement that states or local governments meet a specific condition in order to receive federal aid.

The Lemon Test

-A test to determine whether a law violates the establishment clause devised by the Supreme Court in the 1971 case Lemon v. Kurtzman. Based on the Lemon test, laws are constitutional only if they have a legitimate secular purpose, neither advance nor inhibit religion, and do not result in an "excessive government entanglement" with religion. • Freedom of religion is and has been a deeply divisive issue for the Court. The Court has tried to weigh the rights of individuals against the needs of society. To determine whether a law violates the freedom of religion, the Court uses the Lemon test (from Lemon v. Kurtzman): • Does the law have a secular rather than religious purpose? • Does the law neither promote nor discourage religion? • Does the law avoid "excessive entanglement" of the government and religious institutions? **If all three answers are a definite YES, then the action is probably not a violation. It passes "the Lemon Test"

Second Amendment

-A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. -The colonists viewed standing armies as a tool of oppression, as that was what the king used and believed they should only be deployed during wartime and instead have militias where citizens could volunteer to participate -The colonists viewed the role of the militia as a regulatory force that was partly trained and had citizens using their own weapons -The revolutionary war changed the perception by creating the demand for a national army, and not wanting oppression, we created one that would serve only for national defense The collective rights are: -collective rights of the states to maintain militias to prevent to tyrannical federal interference -prevailing interpretation prior to the 21st-century allowed for state regulation of individual access to arms The individual rights are: -individual rights to possess arms for personal defense in the defense of others prevailing interpretation after the 21st-century -Second amendment seen as an individual right, but government maintained limited regulatory powers -SCOTUS clarifies the interpretation of the 2nd amendment in D.C. v. Heller (2008) by the court establishing that the second amendment does provide an individual right to keep and bear arms, not just a militia in order for act such as self-defense and hunting although regulations such as licensing, for bidden populations, forbidden locations, and controlled sales with the exception of certain weapons and guns -The enumerated powers that Congress has to regulated firearms at a federal level are: -Taxing Power (Nat'l Firearms Act of 1934 created taxation to affect supply/demand and registration -Commerce Clause (Gun Control Act of 1968 created prohibited persons and types and so did the Gun Free School Zones Act of 1995) -Spending Power (incentivize states to increase regulation like $ to use FBI nat'l background check) -the limits in-place on the right to bear arms are: -anonymous ownership (required registration, serial #) -all carry options (state license to carry concealed/open) -all types (automatic weapons, armor piercing bullets) -all places (schools, public buildings) -all persons (criminally insane, some convicted felons) -Congress is kept from infringing on the rights of the people by the constitution which is enforced by the SCOTUS -U.S. v. Lopez (1995) limits Congress's ability to regulation gun control by holding limits to the extent to which the commerce clause can be set to reach reserved powers. Laws re-legislated to focus on guns in school zones that were bought outside of state lines (actual interstate commerce). still, this is more a federalism case than gun control -Mcdonald v. Chicago

Formal Foreign policy powers of the president

-Act as Commander in Chief of the armed forces (direct the movements of the naval and military forces placed by law at his command, and to employ them in the manner he may deem most effectual to harass and conquer and subdue the enemy.) -Make treaties (with Senate ratification) -Nominate ambassadors (with Senate confirmation) -Receive ambassadors -Confer diplomatic recognition on other governments

Powers of the federal bureaucracy to implement policy

-After the president signs a bill into law or issues an executive order, the federal bureaucracy is responsible for implementing that policy. Laws may lack clear, concrete details on how they should be enacted, so the federal bureaucracy has discretionary authority to make decisions on what actions to take—or not take—when implementing laws, as well as rulemaking authority to create regulations about how government programs should operate. -This authority enhances the power of the federal bureaucracy, giving it considerable jurisdiction over the implementation of government policies.

Fourteenth amendment

-All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. -The Fourteenth Amendment addresses many aspects of citizenship and the rights of citizens. The most commonly used -- and frequently litigated -- phrase in the amendment is "equal protection of the laws" -Privileges and Immunities Clause is reinforced

Article IV (Seldom)

-Contains the full faith and credit clause (mandates that states honor the judicial proceedings of other states) -Admits new states to the union -Privileges and Immunities Clause

Article VI (Sit)

-Contains the supremacy clause which mandates that national law is supreme and supersedes all other laws passed by the states or anyone else (gives power the national government didn't have before) -Article VI separates church and state (no religious test shall be taken)

third party

-Also called a minor party, a third party is a US political party other than the two major parties (the Republican Party and the Democratic Party). Third parties rarely win elections in the United States, but frequently influence national politics by drawing attention to issues previously neglected by the major parties. -Although the Constitution doesn't make any rules about political parties, US government has a two-party system in which candidates from the two major political parties win nearly all elected offices. Many third parties have emerged over time, but two major barriers have prevented third parties from electing many candidates. First, most US elections operate by the winner-take-all system, which awards seats only to the candidate or party who wins the most votes in an election; independent or third-party candidates, who have neither the name recognition nor the organizational support provided by the major parties, rarely win the majority of votes. -Second, the two major parties frequently incorporate the platforms of third parties into their own platforms; voters who identified with a third-party issue will often vote for a major party candidate who has adopted that issue because major parties are more likely to succeed. -Third parties often play the role of spoilers, particularly at the national level, leading to the defeat of one of the national parties -By avoiding high-profile federal elections and building its base from the grass roots, third parties can influence public policy and potentially evolve into a major party.

super PAC

-Also called an "independent expenditure-only committee," a super PAC may raise unlimited funds in support of a candidate or party as long as they do not coordinate in any way with the candidate or party or donate directly to the candidate. -Super PACs are highly-funded PACs, whose numbers have grown following a Supreme Court ruling permitting unlimited spending by corporations and labor unions in federal elections -Super PACs are made up of corporations, unions, associations, and individuals; they do not have the same contribution limits as regular PACs and can raise and spend unlimited funds to support or oppose a political candidate, provided they do not give directly to the candidate or coordinate strategically with their campaign. Super PACs did not exist before 2010, and their role in financing political campaigns has been at the core of recent debates over campaign finance legislation.

bureaucracy

-An administrative group of nonelected officials charged with implementing policies created by the other branches of government. -Implementation and Discretionary authority -Carry out laws and executive orders -Set specific guidelines for Congressional mandates -Laws from Congress are the bones, Bureaucracy adds the meat -Regulate standards -Issue rules & regulations that impact the public & the private sector must follow -Sets clean air standards, requires labels on food, emission standards for cars, etc. -Administrative Law -Rules and regulations created by an agency that have the effect of law -Helping Congress draft legislation -Give information and work with industries and interest groups -Providing advice to the White House -Work with legislatures, subcommittees, industries, interest groups, etc -Settling disputes -function as a go-between among different branches and their respective parts as well as industries

Marbury v. Madison (1803)

-An early Supreme Court case that affirmed the Court's power of judicial review by striking down a law made by Congress as unconstitutional. In his written opinion, Chief Justice John Marshall declared that "an act of the legislature repugnant to the Constitution is void." -This taking of the case was crucial to the power of the court, as it established judicial review and declaring things unconstitutional and created a new check for the other branches. -unanimous decision for Marbury (4-0) -Judicial review, Judiciary Act of 1789 (declared unconstitutional for the Supreme Court to issue writs, there is no way for the court to force the executive branch to enforce it, which is why the Judiciary Act of 1789 which allowed the writ of mandamus was called unconstitutional to stop the branch from looking weak) and Marshall was likely to side with Marbury because he was one of the appointees from the Adams administration that was supposed to be appointed but wasn't by the new secretary of state, James Madison and Marshall was the secretary of state from the Adams administration.

winner-take-all system

-An electoral system in which legislative seats are awarded only to the party who received the most votes in an election. This is the most common system in the United States, and it does not benefit minor political parties, since third-party candidates rarely win the majority of votes in an election. -an electoral system in which the candidate with the most votes is elected or, in the case of the U.S. Electoral College, gains all the votes of a state or district's electors (all the electors that favor that candidate are chosen for the electoral college) -Even though Bill Clinton only won 43% of the popular vote, he was awarded 69% of total electoral votes. States use a winner-take-all system that gives the candidate who wins the most popular votes in that state. For example, Bill Clinton won the electoral votes in Louisiana despite only winning 45.6% of the popular vote. -This system assures that the candidate obtaining a plurality will receive all the electoral votes, making it extremely difficult for third parties to win in enough states to acquire a majority of electoral votes. -In all states except Maine and Nebraska, the person who wins the popular vote in that state wins all of the Electoral College votes for that state, even if they win by a close margin.

public safety exception

-An exception to the Miranda rule; it allows the police to perform unwarned interrogation and have the findings stand as direct evidence in court, provided the information relates to public safety. -the police can question an un-Mirandized suspect if there is an urgent concern for public safety -Although the Miranda rule requires police officers to inform someone under arrest of their rights, there is an exception to this rule. The public safety exception allows officers to interrogate a suspect without informing them of their rights if there is an objective need to protect the police or the public from immediate danger. An example of the public safety exception is when the police interrogate a suspect to determine the location of a bomb.

signing statement

-An informal power in which a presidential statement upon signing a bill into law, which explains how a president's administration intends to interpret the law. -Signing statements puts a President's input on different bills that have gone through Congress and can declare them unconstitutional despite all of the screening it has already gone through.

executive agreement

-An informal power that is an international agreement between the president and another country, which does not require the consent of the Senate. -Executive agreements replaces the Seante's role of ratifying treaties and gives the President full power to make deals with other countries.

executive order

-An informal power which is presidential order to the executive branch that carries the force of law. The Supreme Court can rule executive orders unconstitutional. -A rule or order issued by the president without the cooperation of Congress that carries the force of law. -The president uses executive orders and policy initiatives to achieve policy goals, both of which can bring further conflict with Congress. As executive orders are used to create laws without congressional input or approval, they represent an enhancement of the presidency beyond its expressed constitutional powers. -The president can use them to set policy while avoiding public debate and opposition. Executive orders related to routine administrative matters and to the internal operations of federal agencies, such as amending Civil Service Rules and overseeing the administration of public lands. More recently, presidents have used executive orders to carry out legislative policies and programs. As a result, the executive order has become a critical tool in presidential policy making.

political party

-An organization of people with similar political ideologies that seeks to influence public policy by getting its candidates elected. -The primary function of political parties is to link people to the government and its policies. Political parties are made up of three semi-independent teams: the party organization, the party in government, and the party in the electorate. -The party organization is the structure of national, state, and local parties that creates a platform, recruits candidates, and helps to manage candidates' campaigns by providing a fundraising and media strategy. The party organization is also responsible for educating and mobilizing voters to support candidates. -The party in government consists of the elected officials who belong to the party. These politicians are responsible for proposing, debating, voting on, and signing legislation that meets the party's platform goals. -The party in the electorate is made up of all citizens who identify with that party; it supports the party organization and its candidates by mobilizing voter support and turnout, and by donating to candidate campaigns.

political action committee (PAC)

-An organization, usually representing an interest group or corporation, that raises money with the goal of supporting or defeating candidates, parties, or legislation. There are limits to the amount of money a PAC can donate to a candidate or party in each election. -Make campaign contributions to gain access to legislators -Registered fundraising committees that donate money on behalf of interest groups -Political action committees, or PACs, are organizations (often affiliated with interest groups) that raise money for political campaigns and spend it to influence both elections and policymaking. While individuals may only contribute $2,700 directly to a candidate, they can contribute up to $5,000 per PAC and give to as many PACs as they want.

Expansion of Presidential Power

-Andrew Jackson (Democratization of the presidency) -Abraham Lincoln (Extraordinary war powers)

Court of Appellate Jurisdiction

-Appellate jurisdiction: the court which reviews potential errors committed by a lower court -Question before the Court: was the law applied correctly in the case by the judge and jury? -Lawyers: prepare briefs and present oral argument -Judges: decide whether the law was applied correctly by the judge and jury -Jury: none

Presidential Checks on the Bureaucracy

-Appointments / Removals of agency heads -Executive Orders -Reorganize Bureaucracy -Reduce / Change agency's annual budget proposals -Propose policies to alter the bureaucracy's activities

Congressional (Re)Apportionment

-Apportionment is the process of dividing the 435 seats in the House of Representatives among the 50 states. -The number of seats, or representatives, each state is entitled to is apportioned according to the new census figures that are compiled every 10 years. (population) -States with larger populations have more representatives than states with smaller populations. -Each state MUST have at least one representative.

Congressional checks on the bureaucracy

-Appropriations : Provide funding (power of the purse) (doesn't directly effect salaries, but specific legislation can?) -Authorization Bills : Approve / abolish agency , program or activity -Oversight Hearings : investigate agency activities -Committee Hearings -Pass legislation that alters an agency's functions -Pass legislation to limit the bureaucracy's discretion -Approve / Influence / fail to confirm presidential appointments

Schenck v. United States (1919)

-Charles Schenck and Elizabeth Baer were convicted under the 1917 Espionage Act for mailing leaflets encouraging men to resist the military draft. They appealed to the Supreme Court on the grounds that the conviction violated their free speech rights. -The Supreme Court upheld their convictions, ruling that speech that creates a "clear and present danger" (by encouraging violence or insurrection, or endangering national security) is not protected by the First Amendment. -The Court ruled in Schenck v. United States (1919) that speech creating a "clear and present danger" is not protected under the First Amendment. This decision shows how the Supreme Court's interpretation of the First Amendment sometimes sacrifices individual freedoms in order to preserve social order. In Schenck v. United States, the Supreme Court prioritized the power of the federal government over an individual's right to freedom of speech. -clear and present danger -During World War I, socialists Charles Schenck and Elizabeth Baer distributed leaflets declaring that the draft violated the Thirteenth Amendment prohibition against involuntary servitude. The leaflets urged the public to disobey the draft, but advised only peaceful action. Schenck was charged with conspiracy to violate the Espionage Act of 1917 by attempting to cause insubordination in the military and to obstruct recruitment. Schenck and Baer were convicted of violating this law and appealed on the grounds that the statute violated the First Amendment. -Did Schenck's conviction under the Espionage Act for criticizing the draft violate his First Amendment right to freedom of speech? -The Court held that the Espionage Act did not violate the First Amendment and was an appropriate exercise of Congress' wartime authority. Writing for a unanimous Court, Justice Oliver Wendell Holmes concluded that courts owed greater deference to the government during wartime, even when constitutional rights were at stake. Articulating for the first time the "clear and present danger test," Holmes concluded that the First Amendment does not protect speech that approaches creating a clear and present danger of a significant evil that Congress has power to prevent. Holmes reasoned that the widespread dissemination of the leaflets was sufficiently likely to disrupt the conscription process. Famously, he compared the leaflets to falsely shouting "Fire!" in a crowded theatre, which is not permitted under the First Amendment. (sided with U.S.)

Federalist No. 51

-Checks and balances and separation of powers were described in Federalist No. 51, as being created to prevent the corruption of human nature and overlap because they are too complex and interrelated to be neatly compartmentalized, and also to limit governmental power, control abuses by the majority, and protect minority rights (tyrant figures may abuse the federal system to rise to power and create a government only in their favor) -Explains how constitutional provisions of separation of powers and checks and balances

Political culture

-Commonly shared attitudes, beliefs, and core values about how government should operate. -In America, this is defined by the values of liberty, equality, popular consent, majority rule, popular sovereignty, individualism, religious faith, and freedom.

Powers of Congress

-Congress shall have the power to lay and collect taxes, duties, imposts and excises -Pay the debt -Provide for the common defense and the general welfare of the U.S. -16th Amendment (1913): "The Congress shall have the power to lay and collect taxes on incomes, from whatever source derived" -To borrow money on the credit of the United States -This led to the creation of our National Debt: all the money the U.S. has borrowed over the years and not yet paid back plus interest (Public Debt) -There is no constitutional debt limit, but there is a statutory limit (law) set by Congress and raised every few years -Commerce Power: allows Congress to regulate trade between states and other nations -Trade includes transportation---Gibbons v Ogden!! (U.S. Lopez) -Congress can tax imports -Congress cannot tax exports -Naturalization Power: to regulate the process of how foreigners become a US citizen -Bankruptcy Power: to regulate the process of how the bankrupt person's assets are distributed among those to who a debt is owed -Currency Power: to print and coin money and regulate the value of that money -Counterfeiting: the crime of a person printing or making their own money (federal offense) -Postal Power: to establish a Post Office and post roads (to regulate the mail) -Federal crime to tamper with mail, steal mail, or send certain items through the mail -Patent: grants a person the sole right to manufacture, use, or sell any new and useful art, machine, manufacture, or composition -Copyright: the exclusive right of an author to reproduce, publish, and sell his or her creative work (last the life of the author + 70 years) -Congress has the power to create inferior federal courts (courts below the US Supreme Court) Tribunals -Power to define and punish Piracies and Felonies committed on the high seas -And offenses against the laws of Nations (international law) -Only Congress has the power to declare war. It also makes laws regarding captures on land and water Raise and support armies -Provide and maintain a navy -Make rules for the government and regulation of the land and naval forces -Calling forth of the militia, which is known as the national guard today. -To provide for the organizing, arming and disciplining of the militia -Necessary and Proper Clause (Article I, Section 8, Clause 18) Congress has the power to "make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this Constitution..." also called the Elastic Clause (Created Implied Powers) -Expressed Power: Raise an Army Implied Power: Establish a draft to raise and Army Implied Power: Develop new armored tanks Implied Power: Construct military bases -Expressed Power: Collect Taxes Implied Power: Establish the IRS (Internal Revenue Service) Implied Power: Establish a national bank Implied Power: Punish those who fail to pay their taxes -Expressed Power: Regulate commerce Implied Power: Prohibit the importation of certain goods Implied Power: Prohibit the exportation of certain goods

Electoral College

-Created to prevent the people from directly deciding the president, as the Framers didn't want to much power to be held by the rebellious lower classes -It allowed each state to choose electors equal to the # of representatives it had in the House and Senate -The Electoral College ensures that if the population of the United States is concentrated in a few states, those states will not have more power than states with a smaller population.

Shay's Rebellion

-Daniel Shays (former Continental Army captain) and others were outraged when a new law declared all payments of debt to be paid in cash -A militia was formed to end Shay's Rebellion -The government struggled to fund this and end it sooner, proving the Articles of Confederation were inadequate -Prompted the convention to be held in Philadelphia in 1787

McCulloch v. Maryland (1819)

-Declared that Congress has implied powers necessary to implement its enumerated powers and established supremacy of the Constitution and federal laws over state laws -In the case McCulloch v. Maryland, the Supreme Court considered whether Congress had the power to create a national bank and whether the state of Maryland had interfered with congressional powers by taxing the national bank -The Supreme Court ruled in favor of McCulloch and found that the state of Maryland had interfered with one of Congress's implied powers and that the national law was supreme over the states' (supremacy clause) -Necessary and Proper Clause -The decision in McCulloch v. Maryland (1819) was Congress had the implied power to establish a national bank in order to implement its enumerated power of coining money.

What portions of free speech are NOT protected by the first amendment?

-Defamatory, offensive, and obscene statements and gestures -Time, place and manner restrictions are content-neutral limitations imposed by the government on expressive activity. -Such restrictions come in many forms, such as -imposing limits on the noise level of speech, -capping the number of protesters who may occupy a given forum, -barring early-morning or late-evening demonstrations, -restricting the size or placement of signs on government property. -Rights that are not unlimited are not protected based to content (defamatory speech and fighting/offensive words), not protected based to context (obscene statements), clear and present danger of imminent lawlessness, interludes of enhanced restrictions (condemning the draft) and speech by government workers in their official capacity), and not protected for content neutral reasons (speech whose time place or manner disrupts daily life and outdoor advertisements whose volume, noise, or size disrupt) -To incite actions that would harm others (Schenck) -To make/distribute obscene materials -To burn draft cards as anti-war protest -(Of students) to refuse school censorship of NP articles -(Of students) to make obscene speech at a school event -(Of students) to advocate illegal drug use at a school event

Powers allocated to Congress, executive branch, and judicial branch

-Demonstrates checks and balances and separation of power -Congress may pass laws...but the President can veto them. -The President can veto laws...but Congress can override the veto with a 2/3 vote. -The President and Congress may agree on a law...but the Supreme Court can declare a law unconstitutional. -The President can appoint Judges and other government officials...but Senate must approve them. -Supreme Court judges have life terms...but they can be impeached -The House votes for impeachment, and the Senate conducts a trial and reaches a guilty verdict. -The House can impeach federal judges and the president, and the Senate holds the impeachment trial -Each branch has certain powers over the other branches. This is done to keep them balanced and to prevent one branch from ever gaining too much power.

Article V (And)

-Describes how amendments are added -Either a two-thirds vote in both houses or a proposal from two-thirds of the state legislatures, with final ratification determined by three-fourths of the states

Article II (Elephants)

-Describes the power of the executive branch which lies in the president (sets term, explains electoral college, states qualifications, puts a plan in place for the removal/death) -States president's importance in commanding the military, making treaties (need consent of Senate), appoint ambassadors/officials, makes president report to congress through the State of the Union Address, and take care of laws and execute them

Constitution

-Document establishing the structure, functions, and limitations of a government -Historians believe the Framers made the constitution in their own interest to favor the wealthy, but also to stabilize the then failing economy with a government that promotes industry and trade, protects private property, and ensures payment of public debt (war costs?) and for individual governmental and religious views -The compromises necessary to secure ratification of the Constitution left some matters unresolved that continue to generate discussion and debate today -The debate over the role of the central government, the powers of state governments, and the rights of individuals remains at the heart of present-day constitutional issues about democracy and governmental power,

Constitutionalism

-Each branch of the government has different powers, structures, and functions by design. Congress comprises the House of Representatives (designed to represent the population) and the Senate (designed to represent the states equally), each of which is affected by chamber-specific rules and election processes. The power of the presidency has expanded over time, and the president uses both formal and informal powers to implement their policy agenda. The judicial branch exercises the power of judicial review to determine the constitutionality of the acts of the other branches and of state governments. -The federal courts use judicial review to determine whether the acts of Congress, the executive branch, and state governments comply with the Constitution. This exemplifies the principle of checks and balances by ensuring that the other branches of government cannot act outside the bounds of the Constitution without consequence.

Affirmative Action

-Efforts to improve opportunities for underrepresented or disadvantaged groups, especially in relation to employment or education. -The Court has established in several cases that race-based quotas violate the equal protection clause because it disadvantages students of a particular race. -The definition of affirmative action covers government programs and policies designed to benefit members of groups historically subject to discrimination. -Quotas have been used in some affirmative action programs, but they do not define affirmative action. The Supreme Court has ruled in multiple cases that racial quotas violate the equal protection clause of the Fourteenth Amendment. -The Court's interpretation of the Constitution has influenced the debate on affirmative action: some justices argue that affirmative action is constitutional, holding that the Constitution only forbids racial classifications designed to harm minorities. Other justices disagree, arguing that affirmative action is unconstitutional because it creates race-based and gender-based classifications, benefitting certain genders and race groups over others. -For example, in Grutter v. Bollinger (2003), the Court ruled in favor of affirmative action in circumstances where race was one factor among many considered in admissions decisions, and when the purpose of the school's affirmative action policy was to achieve a diverse student body. But in Gratz v. Bollinger (2003), the Court ruled against affirmative action when it takes the form of a points- or quota-based system. -The debate on affirmative action includes justices who insist that the Constitution is colorblind and those who maintain that it forbids only racial classifications designed to harm minorities, not help them -Affirmative Action has evolved through: -Law: Equal Pay Act of 1963, Civil Rights Act of 1964 (including Title VII), Americans with Disabilities Act -Executive orders: Executive Orders 8802 and 9901 - FDR orders no discrimination in hiring government contractors · Executive Order 10925 JFK orders government contractors take "affirmative action to ensure applicants" are not discriminated against on the basis of race or national origin · Executive Order 11246 - LBJ orders affirmative action extended to cover discrimination on the basis of sex -Court Decisions: Reed v Reed (1971) and United States v Virginia (1996) Baake, Grutter, and Gratz -Regents of the University of California v. Baake (1978): White male applicant Allan Baake rejected two times for UC Davis Medical school 16% of seats reserved for qualified minority applicants Baake sues stating policy violates 14th Amendment Equal Protection Clause. Majority opinion: State can consider race as a factor in admissions to promote diversity in education, but only along other factors and as a case- by-case basis. Admissions excluded some applicants solely on basis of race, which violated Equal Protection "Colorblind Constitution" Argument. Dissenting Opinions: Race can be taken into account in admissions without violating the 14th Amendment. Refutation to the "Colorblind Constitution" argument -Grutter v. Bollinger (2003): University of Michigan Law School uses race as a factor in admissions due to compelling reasons for diversity in student body The admissions process stands due to highly individualized review, in which race is a factor, but not the principal factor, for admission -Gratz v. Bollinger (2003): University of Michigan undergraduate admissions considers race and admits virtually all qualified underrepresented minorities for admission • The admissions process fails strict scrutiny as individualized review is not sufficiently achieved in the admissions process -Fisher v. UT Austin I & II (2013, 2016): The University of Texas system allows admission to the top percent graduating high school class in each high school, with remaining factors left to many factors including race Race as a consideration is examined as a factor in the holistic review process. The Top Ten Percent plan served a compelling state interest due to a concrete but not rigid goal expressed by state.

campaign finance

-Funds raised to promote candidates, political parties, or policy initiatives. There are complex laws regulating who can contribute to campaigns and how much they can contribute. -The fundraising to support a candidate in their run for political office

Federal system

-Gave the national government ultimate authority but still giving power to each of the states and getting this authority from the people

Baker v. Carr (1961)

-Established the "one-person, one-vote" principle that districts should be proportionately represented in Congress. Set the precedent the Supreme Court had jurisdiction to review state redistricting issues. -Opened the door to equal protection challenges to redistricting -A resident of Tennessee by the name of Charles Baker, filed suit in federal court against Joe Carr, then Secretary of State of Tennessee in order to postpone elections until after the state had reapportioned legislative districts. Baker used the Equal Protection Clause to explain how his vote in an urban area had much less weight than that of a voter in a rural district. -They took the case in order to establish that the Supreme Court and other federal courts could decide cases about state legislative districts. This prompted many other suits and judicial review for redistricting. -Judicial Review, Equal Protection Clause (14th amendment) -It was now possible for voters to have their districts redrawn by federal courts to make sure they were represented, initiating a decade of lawsuits that would eventually result in a redrawing of the nation's political map.

Functions of American Government

-Establishing justice allows legal authorities to keep the rule of law in place. The Bill of Rights also gives people the right to a trial by jury, to know what they're being charged with, and to have an impartial judge try them in a courtroom. -Ensuring Domestic Tranquility was first brought up during the Enlightenment. On a national scale, the Department of Homeland Security does this by protecting against terrorists. This is also done by police forces, national guards, and the federal government. -Providing for the common defense mostly consists of defending from foreign aggression. This makes the president commander in chief of the armed forces and gives Congress the ability to create a military. -Promoting the general welfare was not something directly stated as a mandate in the Constitution and has no real limit or requirement as to what the government should provide. One example of this is health care. -Securing the blessings of liberty is done through the right to question and protest against the actions of the government.

enumerated powers

-Expressed powers of the federal government explicitly named in the Constitution -Passing a federal budget, raising revenue, and coining money -Declaring war and maintaining the armed forces

Anti-Federalists

-Favored strong state government rather than national -Participatory -Argued the Constitution would leave the states powerless -Believed it wouldn't create a true federal system -Believed it would be impossible to control such a large republic and there would be too much bickering with the pluralist society -Believed there would be many taxes and the courts would overwhelm the states with laws -Concerned about no Bill of Rights (resolved in the Federalist Papers by saying voters would not always vote in "enlightened statesmen", meaning the national government would have more power and use it to their own interest, but the separation of powers would minimize this -Wrote Brutus No. 1 (emphasized the benefits of a small, decentralized republic while warning of the dangers to personal liberty from a large, centralized government)

Cooperative federalism

-Federal government and states share responsibilities, costs, and administration of policies -Federal government makes the rules -Gives more power to the federal government

Categorical grants

-Federal grants restricted to specific purposes -Preferred by congress because it gives them more control over how its spent -Weaken the power of state governors and legislators

How the government can take action to to affect change in the protection of Civil Rights

-Five different actions that the government can take to affect change in the protection of civil rights are constitutional amendments (14th), acts of congress (1964 civil rights act), executive directives (desegregation of the military), judicial review and stare decisis (brown v. board of ed) = protection of civil rights -The major milestones of the Civil Rights movements that would eventually lead to the organizing against Jim Crow laws and segregation are Community organizing against Jim Crow and segregation Rise of the NAACP & lawsuits Unions, Socialism, & Red Scare World Wars & Reintegration of Black Troops Great Migration & Harlem Renaissance

clear and present danger

-Formulated during the 1919 case Schenck v. United States, the "clear and present danger" test permitted the government to punish speech likely to bring about evils that Congress had a right to prevent, such as stirring up anti-war sentiment. Since the 1960s, the Supreme Court has replaced the "clear and present danger" test with the "direct incitement" test, which says that the government can only restrict speech when it's likely to result in imminent lawless action, such as inciting mob violence. -Early in the 20th century, the Supreme Court established the clear and present danger test as the predominant standard for determining when speech is protected by the First Amendment. The Court crafted the test — and the bad tendency test, with which it is often conflated or contrasted — in cases involving seditious libels, that is, criticisms of the government, its officials, or its policies. It would be superseded by the imminent lawless action test in the late 1960s. -Speech is not protected if: -Considering the circumstances, it's proximity and degree could bring out the evil Congress is trying to stop (like yelling "fire" in a crowded theater) -Imminent Lawless -Imminent (immediate) -Direct (advocating specific lawless action) -Substantial (likely to incite/produce such action)

Freedom of the press

-Freedom of the press underscores all the other freedoms by because it protects minority groups, protects the majority against a self-interested congress, is the foundation of participatory democracy, and would not give the freedom of speech without it. -Three examples that SCOTUS on that have narrowed the definition of protected free press are: -Shield Law: for reporters to shield confidential sources, not federal, but various states have it Prior restraint: to publish without prior restraint from the government (near the Minnesota, 1931) prior restraint is censorship imposed by a government and expression before the expression actually takes place. It is unconstitutional, even though litigation may follow publication -Good faith: to publish statements about the contact of public officials, in good faith, even if they are later proven false -The examples provided where SCOTUS has ruled the freedom of the press is not protected are: -To incite imminent lawlessness -To publish false statements about public officials or public figures (with awareness/recklessness, and malice) -Of reporters to cite reporter's privilege in refusing to testify before grand jury's in cases of compelling and paramount state interest -to publish false statements, with awareness and or recklessness -of students to publish things that disrupt the legitimate educational process

Issuing executive orders

-Informal -Regulations to run the government and direct the bureaucracy

How was the bill of rights expanded to the states?

-Gideon v. Wainwright (1963) expanded the Bill of Rights to the states because the holding was that the sixth amendment requires assistance of counsel applies to all criminal cases unless it's waived by the individual (amendment 6: right to assistance of counsel and amendment 14: selective incorporation principle via due process clause) (only required one) -Miranda v. Arizona (1966) expanded the Bill of Rights to the States by the holding being that the fifth and sixth amendment requires police to read people in custody their rights to remain silent and to an attorney (amendment 6: right to assistance of counsel and amendment 5: right to remain silent) -Riley v. CA (2014) expanded the Bill of Rights to the States because the holding was that the search incident to arrest exception does not apply to search of cell phones after an arrest (amendment 4: no unreasonable search and seizure)

Commerce clause

-Gives Congress the power "to regulate commerce with foreign nations, and among the several states, and with the Indians -Congress has often used the Commerce Clause to justify exercising legislative power over the activities of states and their citizens, leading to significant and ongoing controversy regarding the balance of power between the federal government and the states. The Commerce Clause has historically been viewed as both a grant of congressional authority and as a restriction on the regulatory authority of the States.

Necessary and proper clause

-Gives congress the power to pass necessary and proper laws to carry out powers stated in the Constitution (also called elastic clause) -Implied powers were derived from the enumerated powers and the necessary and proper clause

prior restraint

-Government censorship of free expression by preventing publication or speech before it takes place. The Supreme Court has established a "heavy presumption against prior restraint" (in other words, it is likely the Court will declare an act of the government that blocks free expression unconstitutional if it does not pose an immediate threat (can be classified but if it impacts an election it may not be allowed to be released)). -Prior restraint is presumptively unconstitutional, and needs heavy justification even of national security concerns -The protection it provides is that newspapers can publish almost anything unless it directly interferes with the security of our nation -the exceptions are that there May still be subsequent liability after publishing, school newspapers, political material on military bases, and reading material of a person in jail

5th amendment

-Grand Jury Guarantee (sourced to Magna Carta, not selectively incorporated, Jurors hear evidence to issue indictment) -Due Process Clause (Magna Carta, procedural due process, substantive due process, reverse incorporation) -Double Jeopardy (prevents government from multiple trials for same crime, retrial okay if state gets a mistrial, no retrial for acquittals generally, Dual Sovereignty Doctrine) -Protection Against Self Incrimination (not required to answer self incriminating questions, failure to answer does not indicate guilt)

Formal Judicial powers of the president

-Grant reprieves and pardons for federal offenses (except impeachment) (Check on judicial branch, can be issued before or after conviction, Ford pardons Nixon) -Nominate federal judges (with Senate confirmation)

linkage institutions

-Groups in society that connect people to the government and facilitate turning the people's concerns into political issues on the government's policy agenda. -Political parties, the media, interest groups, and elections are examples of linkage institutions.

social movements

-Groups that work to bring about change in society, such as the Civil Rights Movement or the Environmental Movement; these groups support policies and elected officials that align with their beliefs. -Social movements can get issues on the government's radar by using protest tactics and the media. It can lead to the government setting issues on the policy agenda to solve in the coming year.

key cases that caused expanding minority rights including their major holdings

-Heart of Atlanta Motel v. US: 1964 case that forced privately owned motels engaged in interstate commerce to accept Black motorists as clients Affirmed that the Civil Rights Act is a lawful application of powers to regulate interstate commerce -Harper v. Virginia Board of Elections: 1966 case that found Virginia's poll tax for state elections unconstitutional under the Equal Protection Clause of the Fourteenth Amendment by making "the affluence of the voter or payment of any fee an electoral standard" -Reynolds v. Sims: 1964 case that established the "one man, one vote" rule in apportionment for state electoral districts. The court found that the state constitutional law setting representation in the Alabama state senate and the lack of reapportionment over a sixty-year time period violated the Equal Protection Clause of the Fourteenth Amendment. -Loving v. Virginia: 1967 case in which the Court struck down Virginia's anti-miscegenation laws making interracial marriage a felony for violating the Fourteenth Amendment's Equal Protection Clause. The court stated that distinctions made based on race were "odious to a free people.

Bill of Rights

-Highly advocated for by the anti-federalists and included the right to freedom of speech, press, religion, and assembly -Contained numerous safeguards for criminals Says that there are other rights the people are entitled to -Says that powers not given to the national government are reserved by the states and people -Federalists were opposed because they were worried there would be other rights citizens would be entitled to that weren't stated here

Congressional districts

-If you live in the United States, you live in a Congressional district--You are a constituent -Districts are geographic areas within which eligible residents vote to elect their representatives. -There are currently 435 districts

Tinker v. Des Moines Independent Community School District (1969)

-In 1965, a public school district in Iowa suspended three teenagers for wearing black armbands to school to protest the Vietnam War. Their families filed suit, and in 1969 the case reached the Supreme Court. -Iowa teenagers Mary Beth Tinker, her brother John, and their friend Christopher Eckhardt were suspended from their public high school for wearing black armbands to protest the Vietnam War. In the resulting case, the Supreme Court ruled that the armbands were a form of symbolic speech, which is protected by the First Amendment and applicable to all levels of government, and therefore the school had violated the students' First Amendment rights. -The Court ruled that the school district had violated the students' free speech rights. The armbands were a form of symbolic speech, which the First Amendment protects. -First, Tinker v. Des Moines shows how the Supreme Court's interpretation of the First Amendment reflects a commitment to individual liberty. In this case, the Court affirmed that the right to free expression is more important than the need for government entities, like schools, to maintain order. Even minors have free speech rights that school officials must respect. -Second, the Tinker ruling confirmed that symbolic speech merits protection under the First Amendment. Symbolic speech describes a wide array of nonverbal actions: marching, holding protest signs, conducting sit-ins, wearing t-shirts with political slogans, or even burning flags. The First Amendment protects all of these forms of expression. -symbolic speech -In December 1965, a group of students in Des Moines held a meeting in the home of 16-year-old Christopher Eckhardt to plan a public showing of their support for a truce in the Vietnam war. They decided to wear black armbands throughout the holiday season and to fast on December 16 and New Year's Eve. The principals of the Des Moines school learned of the plan and met on December 14 to create a policy that stated that any student wearing an armband would be asked to remove it, with refusal to do so resulting in suspension. On December 16, Mary Beth Tinker and Christopher Eckhardt wore their armbands to school and were sent home. The following day, John Tinker did the same with the same result. The students did not return to school until after New Year's Day, the planned end of the protest. Through their parents, the students sued the school district for violating the students' right of expression and sought an injunction to prevent the school district from disciplining the students. The district court dismissed the case and held that the school district's actions were reasonable to uphold school discipline. The U.S. Court of Appeals for the Eighth Circuit affirmed the decision without opinion. -Does a prohibition against the wearing of armbands in public school, as a form of symbolic protest, violate the students' freedom of speech protections guaranteed by the First Amendment? -Yes. Justice Abe Fortas delivered the opinion of the 7-2 majority. The Supreme Court held that the armbands represented pure speech that is entirely separate from the actions or conduct of those participating in it. The Court also held that the students did not lose their First Amendment rights to freedom of speech when they stepped onto school property. In order to justify the suppression of speech, the school officials must be able to prove that the conduct in question would "materially and substantially interfere" with the operation of the school. In this case, the school district's actions evidently stemmed from a fear of possible disruption rather than any actual interference. (sided with students)

Bargaining and persuasion

-Informal -Setting priorities for Congress and attempting to get majorities to put through the president's legislative agenda

policy process

-Interest groups have the most influence in the agenda setting stage? -Cabinet departments have the most influence when executive branch agencies submit budgets for review before the president's proposal is submitted to Congress

Planned Parenthood v. Casey

A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of "strict scrutiny" of any restraints on a "fundamental right" to one of "undue burden" that permits considerably more regulation.

N.Y. Times v U.S. (1971)

-In 1971, the administration of President Richard Nixon attempted to suppress the publication of a top-secret history of US military involvement in Vietnam, claiming that its publication endangered national security. -In the resulting case, the Supreme Court found that this injunction against publication was a violation of the First Amendment's guarantee of freedom of the press. -In this ruling, the Court established a "heavy presumption against prior restraint," even in cases involving national security. This means that the Court is very likely to find cases of government censorship unconstitutional. -New York Times Co. v. United States was a major victory for freedom of the press. -The United States' involvement in the Vietnam War became increasingly controversial and unpopular among Americans as the conflict persisted over a decade. -Since security and secrecy were important to the U.S.'s aims in the war, the government enforced laws to punish spying or breaches of national security. The Espionage Act, which was enacted at the beginning of World War I, made it a crime for anyone to obtain information relating to America's national defense with the intent to use it (or reason to believe it will be used) to the injury of the U.S. or to the advantage of a foreign nation. Additionally, anyone who willfully received such information without reporting it to the appropriate government agent was also at risk for criminal prosecution. The law was used to punish traditional spying and sabotage, but it was also used sometimes to prosecute people for speaking out against wars or other government actions. -This case is about when laws intended to protect American security interests come into conflict with the First Amendment's freedom of the press. How much power does the government have to prevent the media from publishing sensitive information? -Did the government's efforts to prevent two newspapers from publishing classified information given to them by a government leaker violate the First Amendment protection of freedom of the press? -The Supreme Court ruled, 6−3, for the newspapers -In the First Amendment, the Framers gave the press the protection it must have to fulfill its essential role in our democracy. People must have access to uncensored information in order to make decisions and choose leaders. The press was created to serve the governed, not the government. -First Amendment to the U.S. Constitution "Congress shall make no law...abridging the freedom of speech, or of the press"

Citizens United v. Federal Election Commission (2010)

-In 2008, Citizens United, a non-profit organization funded partially by corporate donations, produced Hillary: The Movie, a film created to persuade voters not to vote for Hillary Clinton as the 2008 Democratic presidential nominee. Citizens United wanted to make the movie available to cable subscribers through video-on-demand services and wanted to broadcast TV advertisements for the movie in advance. The Federal Election Commission said that Hillary: The Movie was intended to influence voters, and, therefore, the BCRA applied. That meant that the organization was not allowed to advertise the film or pay to air it within 30 days of a primary election. Citizens United sued the FEC in federal court, asking to be allowed to show the film. The district court heard the case and decided that even though it was a full length movie and not a traditional television ad, the film was definitely an appeal to vote against Hillary Clinton. This meant that the bans in the BCRA applied: corporations and organizations could not pay to air this sort of direct appeal to voters so close to an election. -It is now legal for super PACs to make any size contribution from any group as an independent expenditure for political purposes, based on the Supreme Court rulings in both Citizens United and Speechnow.org v. FEC. -A Supreme Court case which ruled that political spending by corporations, associations, and labor unions is a form of protected speech under the First Amendment -At different times, the federal government has acted to limit the amount of money contributed to political campaigns and political parties. The Federal Elections Commission was created in 1974 to regulate money in elections. -Politicians are divided on the role money should play in politics; some argue that spending money on political campaigns is a part of freedom of speech and should be unlimited. Others say that unlimited campaign contributions give an unfair advantage to the wealthy individuals, as well as powerful groups such as corporations and labor unions, who buy advertising time that can change election outcomes in favor of candidates who support their interests. -Impact of Citizens United decision— The decision in Citizens United held that political spending by corporations, associations, and labor unions is a form of free speech and therefore protected under the First Amendment. The Supreme Court's ruling in Citizens United and similar cases have reduced the limits on campaign contributions, encouraged the creation of Super PACs, and increased debate over the role money can and should play in elections. -It allows corporations and unions to spend unlimited amounts of money on political activities that are independent of a party or candidate -The Court's ruling said such donations are protected under the First Amendment as long as they are used for "party-building," which means "anything not used directly in support of a candidate."

Engel v. Vitale (1962)

-In the 1950s, New York schools encouraged teachers to lead students in a non-denominational prayer each morning. A group of parents, including Steven Engel, challenged this school prayer as a violation of the establishment clause of the First Amendment. -The Supreme Court ruled that the school-led prayer violated the First Amendment, citing the importance of separating government and religion. -In the Engel case, the Supreme Court ruled that the establishment clause of the First Amendment, which prevents the government from supporting religion, applied to school-sponsored prayer. In doing so, the Court prioritized the individual liberty to be free of government interference in religion over any government interest in maintaining order. -The Board of Regents for the State of New York authorized a short, voluntary prayer for recitation at the start of each school day. This was an attempt to defuse the politically potent issue by taking it out of the hands of local communities. The blandest of invocations read as follows: "Almighty God, we acknowledge our dependence upon Thee, and beg Thy blessings upon us, our teachers, and our country." -Does the reading of a nondenominational prayer at the start of the school day violate the "establishment of religion" clause of the First Amendment? -(6-1 decision) Yes. Neither the prayer's nondenominational character nor its voluntary character saves it from unconstitutionality. By providing the prayer, New York officially approved ("established") religion. (sided with Engel) -The First Amendment to the Constitution protects the right to religious worship yet also shields Americans from the establishment of state-sponsored religion. Courts are often asked to decide tough cases about the convergence of those two elements—the Free Exercise and Establishment Clauses of the First Amendment. -The United States has a long history of infusing religion into its political practices. For instance, "In God We Trust" is printed on currency. Congress opens each session with a prayer. Before testifying in court, citizens typically pledge an oath to God that they will tell the truth. Traditionally, presidents are sworn in by placing their hand on a bible. Congress employs a chaplain, and Supreme Court sessions are opened with the invocation "God save the United States and this Honorable Court." Public schools are a bedrock of institution in U.S. democracy, where the teaching of citizenship, rights, and freedoms are common. This is a case about whether public schools may also play a role in teaching faith to God through the daily recitation of prayer. -because there was a prayer, even if it wasn't tied to a particular religion, it placed having prayer on a higher pedestal. This created a precedent for many other cases, particularly those to do with schools. The Lemon Test created many levels of selective incorporation.

Challenging and limiting the Court's power

-In the wake of a controversial ruling by the Court, the other branches may challenge its legitimacy and power, questioning either the Court's right to exercise judicial review or the appropriateness of its justices' life tenures. Both the legislative and executive branches can also employ checks that can limit the Court's power, for example via the nomination and confirmation of justices. -In the event of a vacancy, the president is likely to nominate a justice with whom they are at least somewhat ideologically aligned, which may in turn alter the ideological balance of the Court and decrease the likelihood of future majority opinions that conflict with the views of the president's party. Because federal judges serve life terms, these appointments can have long-lasting impacts after a president has left office. -Congress can pass legislation to attempt to limit the Court's power: by changing the Court's jurisdiction; by modifying the impact of a Court decision after it has been made; or by amending the Constitution in relation to the Court. The president (and the states) may also choose to evade or ignore a Court decision; while not very common, this approach has been used in the past following some unpopular rulings. The exceptions clause in Article III gives Congress the power to make exceptions to the appellate jurisdiction of the Supreme Court

Negotiating executive agreements

-Informal -Agreements with heads of foreign governments that are not ratified by the Senate

Issuing signing statements

-Informal -Giving the president's intended interpretation of bills passed by Congress

Separation of power

-Introduced by Montesquieu -Dividing government into legislative (makes laws), executive (enforces), and judicial branches (interprets) with separately staffed branches and constitutional equality and independence -Allows interest groups and stakeholders to have influence -Promotes liberty, allows the branches to act separately, limits any one branch from exercising the core functions of another, and prevents the concentration of power and provides for checks and balances -The Constitution and the Bill of Rights limit the powers of the legislative body and grants the public specific rights that defend against tyrants. Checks and balances/separation of powers prohibit someone from abusing the system. These rights still apply to you no matter what party you belong to. There is no preference for one party because of these separations. -Separation of powers" refers to giving different powers to different branches of government so no one branch initially has too much power. This is an example of "checks and balances," which allow the branches to limit each other's power.

Checks and balances

-Introduced by Montesquieu -Giving each branch of government some form of control over the other as not to create tyranny (each power of every branch is governed by another power given to the rest) -Impeachment, removal, and other legal actions taken against public officials deemed to have abused their power reflect the purpose of checks and balances

iron triangle

-Iron triangles are composed of government agencies, interest groups, and legislative committees concerning that specific area and are a major example of factions. The legislative piece works by interworking pork into the laws that are passed, allowing for higher budgets to be passed. The lobbyists and interest groups provide information, campaign support, and the persuasion of public opinion. They are then considered by legislators when laws are created. Bureaucrats in government agencies use their power to persuade congressmen to increase budgets for certain departments. Information and support also gets passed from interest groups to government agencies. This same information can be passed to the congressman from the agencies in return for larger budgets. Military iron networks are so strong because there's so many interest groups involved that create jobs and fuel industry. An issue network differs from this because media, research groups, staff members, and other agencies can influence the iron triangle. -A longstanding, mutually-beneficial relationship between an interest group, congressional committee, and bureaucratic agency devoted to similar issues. For example, the American Association of Retired Persons, the Congressional Subcommittee on Aging, and the Social Security Administration all work closely on issues related to seniors. A lot of the money is given to defense due to the industry that surrounds it in iron triangles.

Federalist No. 70 (1788)

-It is essential to protect the community against foreign attacks, steady administration of laws to protect property against irregular and high-handed conspiracies, and to secure liberty against the enterprises and assaults of ambition, faction, and anarchy. -He used his authority against both internal intrigues, when tyrannical individuals threatened the existence of all government, and invasions by external enemies. -"The Executive Department Further Considered," written by Alexander Hamilton. In this essay, Hamilton argues that a single executive (led by one person as president, rather than several people acting as a council) is the best form for the executive branch of the United States. -In this essay, Hamilton argues that a single executive (led by one person as president, rather than several people acting as a council) is the best form for the executive branch of the United States. -He reasons that one president can act more quickly, and with more secrecy when necessary, than a larger group of leaders. He also argues that a single executive is less dangerous to democracy than a council, because it is easier to identify and remove one corrupt person than to discover who among several leaders is a bad actor. -He reasons that one president can act more quickly, and with more secrecy when necessary, than a larger group of leaders. He also argues that a single executive is less dangerous to democracy than a council, because it is easier to identify and remove one corrupt person than to discover who among several leaders is a bad actor. -The Framers wanted a single executive to give energy and efficiency to the executive branch. But the extent of presidential power has been an ongoing negotiation—over time, presidents have claimed powers beyond the expressed constitutional powers in Article II, while Congress has made attempts to limit the president's power through laws and Constitutional amendments. -Most referenced federalist paper concerning the presidency -Hamilton argued for "energy in the executive" -This energy is the justification for expansion of president's powers -Power of president meant to provide energy, secrecy and dispatch seen in monarchs -Government is meant to provide for the common or public good -President must be able to protect against foreign attack, administer the laws, and protect property, and secure liberty (thus why he must be energetic) -President must protect liberty against factions, anarchy, and greed -Example of Roman consuls with power to be dictator in emergency -One executive is preferable; more than one will encourage conflict and dissention, the president needs to be able to act quickly and factions are bad here (but they are okay in Congress as seen in Federalist 10) -Once Congress passes laws, arguments are over and execution of laws need to be swift -Single executive makes fault easier to establish and hold responsible -Multiple executives would require a huge expense -New York had a single executive and it worked well

"horse race" journalism

-Journalism that focuses on -who is winning or ahead in the polls rather than on candidates' policy agenda or debates. -The ups and downs of political contests between candidates are often more dramatic than policy debates, so the media focuses more on the former than the latter. Critics argue that this devalues politics by reducing the importance of policy. Others contend that raising awareness of the contest between candidates can increase transparency and political participation, particularly during parties' candidate selection process. -"attack journalism" poses to political participation by treating government officials and candidates as targets to be stalked in pursuit of scandal, attack journalists create the impression that all politicians are ineffective and untrustworthy

What does Fed. 78 establish about the Judicial Branch?

-Judge's term must be for life. -This frees judges from political pressures and prevents invasions on judicial power by the president and Congress -Should be the weakest of the 3 branches -Can help protect us from factions -The judicial branch possesses only the power to judge, not to act, and even its judgments or decisions depend upon the executive branch to carry them out

Courts of Original Jurisdiction

-Jurisdiction: the type of case over which a court is allowed to preside -Original jurisdiction: the court which receives a case first -Question before the Court: guilt or innocence -Lawyers: present evidence and witnesses -Judge: make rulings on evidence and instruct the jury -Jury: decide which lawyer advocated most effectively

The Civil Rights Act of 1964

-Legislation passed by Congress prohibiting segregation of public facilities, as well as discrimination on the basis of race, color, sex, religion, or national origin. The Civil Rights Act also created the Equal Employment Opportunity Commission to enforce these provisions. -Legislation barring discrimination in public accommodations, employment, or voting, on the basis of color, national origin, race, religion, or sex. The Civil Rights Act also created the Equal Employment Opportunity Commission to monitor and enforce the law. -prohibited discrimination/segregation in public places and provided for the integration of schools and other public facilities, Granted courts the authority to provide injunctions and the Attorney General the authority to sue for equal access to public facilities and education, Strengthened protections for access to voting rights for qualified voters regardless of race

What portions of free speech are protected by the first amendment?

-Spoken speech, news media, broadcast, printed, symbolic, money as speech in order to determine self evident and objective truths

The Voting Rights Act of 1965

-Legislation prohibiting racial discrimination in voting, including the use of literacy tests, poll taxes, and grandfather clauses. -Legislation prohibiting racial discrimination in voting, including the use of literacy tests, poll taxes, and grandfather clauses. The act also specifies that electoral district lines may not be drawn in such a way as to improperly dilute the votes of minority groups. -National enforcement of the spirit of the Fifteenth Amendment via lawsuits to terminate voting laws and practices effecting minority votes Policy of preclearance allowed DOJ to strike down discriminatory laws before they took effect in key states until Shelby County v Holder (2013) Ended grandfather clauses, literacy tests, and poll taxes

stare decisis

-Let the decision stand; decisions are based on precedents from previous cases -The principle of making legal decisions based on past precedents. From the Latin for "let the decision stand."

Cabinet Departments

-Major area of responsibility over a broad policy area -Department of Homeland/Transportation/Veterans Affairs/Education

soft money

-Money spent in support of a candidate without directly donating to their campaign, such as paying for ads or campaign events, or giving to the candidate's party. -Super PACs can donate unlimited soft money as long as such funding is not used to solicit votes for a particular candidate; "party-building" activities funded by soft money may include funding ads, or voter registration and mobilization efforts. -Hard money goes directly towards campaigns -Because the ad purports to "educate" people on an issue and does not tell them to vote for a particular candidate, it is considered party-building, and can be paid for by unlimited soft money contributions from anonymous sources based on current legal precedents.

5th vs 14th Amendment

-National government cannot deny due process in 5th, states cannot in 14th -5th protects against self-incrimination -14th includes equal protection but both include due process

symbolic speech

-Nonverbal forms of speech protected by the First Amendment, such as picketing, wearing armbands, displaying signs, or engaging in acts of symbolic protest such as flag burning. -Symbolic speech is a legal term in United States law used to describe actions that purposefully and discernibly convey a particular message or statement to those viewing it. -Symbolic speech is recognized as being protected under the First Amendment as a form of speech, but this is not expressly written as such in the document. One possible explanation as to why the Framers did not address this issue in the Bill of Rights is because the primary forms for both political debate and protest in their time were verbal expression and published word, and they may have been unaware of the possibility of future people using non-verbal expression. -Symbolic speech is distinguished from pure speech, which is the communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea.

Roe v. Wade (1973)

-Norma McCorvey, called by the alias Jane Roe in the court proceedings, wished to terminate her pregnancy but found she could not do so safely or legally in the state of Texas. In the resulting Supreme Court case, the Court ruled that a woman's decision to have an abortion in the first trimester of pregnancy was protected by the constitutional right to privacy which is incorporated to the states, and that it was therefore unconstitutional for a state to criminalize all abortions. -The holding, including Griswold (Connecticut law that criminalized the encouragement or use of birth control), was that the right to make decisions between women and the doctors was protected by the right to privacy under the Due Process Clause and substantive due process, previously established in Griswold. Women's rights overrode state interests in the first trimester, and the state interest in protecting the fetus in the 3rd trimester was more important, unless the health of the mother was at risk. Griswold v. CT held the the CT law violates the due process clause of the 14th amendment and zone of privacy established by the first, third, fourth, and ninth amendments. The effect of Roe v. Wade was that it aided women in seeking economic and social equality while creating a cultural divide in values over the sanctity of the fetus' life versus the impact pregnancy and child rearing has on women. It has been featured prominently in state and local laws as well as great impact in elections and Supreme Court nominations. -Substantive Due Process from the 14th Amendment and the Right to Privacy from the 9th Amendment play a role in Roe v. Wade by fair and clear laws + fundamental rights helped make the decision with the right to privacy. The 9th amendment was interpreted how it was in Griswold which was the precedent case. This was that there is a "zone of privacy" created by the 1, 3, 4, and 9th amendments. -Griswold was the first to incorporate the right to privacy -Did not increase state power because states weren't allowed to regulate abortion -Extended the right of privacy to a woman's decision to have an abortion while recognizing compelling state interests in potential life and maternal health -The Constitution does not explicitly guarantee a right to privacy. The word privacy does not appear in the Constitution. However, the Bill of Rights includes protections for specific aspects of privacy, such as the Fourth Amendment's "right of the people to be secure in their persons, houses, papers and effects" from unreasonable government searches and seizures and the Fifth Amendment's right to be free of compelled self-incrimination in criminal cases. In early rulings about privacy, the Supreme Court connected the right to privacy to particular locations, with emphasis on a person's home as a private space where the government could not intrude without a warrant. During the 21st century, the Court began interpreting the Constitution, including the Due Process Clause of the 14th Amendment, as providing a broader right to privacy protecting people as well as places. Over the decades the Court interpreted this right to privacy to include decisions about child rearing, marriage, and birth control. This is a case about whether that constitutionally-protected right to privacy includes the right to obtain an abortion. -In a 7-2 decision, the U.S. Supreme Court decided in Roe's favor. Justice Blackmun wrote the opinion of the Court, which recognized that a woman's choice whether to have an abortion is protected by the Constitution.

Implied Powers

-Not directly stated in the Constitution; claimed by congress; based on the necessary and proper clause -Allow Congress to make economic, environmental, and social legislation

Brown v. Board of Education

-Oliver Brown was the father of Linda, an African American third grader who was forced to attend a segregated elementary school. Along with other African American families in the area, Brown sued the Board of Education of Topeka, Kansas. Under the leadership of future Supreme Court justice Thurgood Marshall, the NAACP's Legal Defense Fund sought to prove with this case that segregated public schools violated the Fourteenth Amendment's equal protection clause. -In its decision, the Supreme Court agreed, ruling that "in the field of public education, separate but equal has no place." This ruling was a crucial victory for the civil rights movement, and later cases challenging segregation built on the precedent set in Brown -declared that race-based school segregation violates the Fourteenth Amendment's equal protection clause -In the early 1950s, Linda Brown was a young African-American student in Topeka, Kansas. Every day she and her sister, Terry Lynn, had to walk through the Rock Island Railroad Switchyard to get to the bus stop for the ride to the all-black Monroe School. Linda Brown tried to gain admission to the Sumner School, which was closer to her house, but her application was denied by the Board of Education of Topeka because of her race. The Sumner School was for white children only. -The Browns felt that the decision of the Board violated the Constitution. They and a group of parents of students denied permission to white-only schools sued the Board of Education of Topeka, alleging that the segregated school system deprived Linda Brown of the equal protection of the laws required under the 14th Amendment. -The 14th Amendment to the U.S. Constitution was adopted in the wake of the Civil War and says that states must give people equal protection of the laws. It also empowered Congress to pass laws to enforce the provisions of the Amendment. Although Congress attempted to outlaw racial segregation in places like hotels and theaters with the Civil Rights Act of 1875, the Supreme Court ruled that law was unconstitutional because it regulated private conduct. A few years later, the Supreme Court affirmed the legality of segregation in public facilities in their 1896 decision in Plessy v. Ferguson. There, the justices said that as long as segregated facilities were qualitatively equal, segregation did not violate the U.S. Constitution. This concept was known as "separate but equal" and provided the legal foundation for Jim Crow segregation. In Plessy, the Supreme Court said that segregation was a matter of social equality, not legal equality, and therefore the justice system could not interfere. In that 1896 case the Court stated, "If one race be inferior to the other socially, the constitution of the United States cannot put them on the same plane." -By the 1950s, many public facilities had been segregated by race for decades, including many schools across the country. This case is about whether such racial segregation violates the Equal Protection Clause of the 14th Amendment. -The Supreme Court ruled for Linda Brown and the other students, and the decision was unanimous. Chief Justice Earl Warren delivered the opinion of the Court, ruling that segregation in public schools violates the 14th Amendment's Equal Protection Clause.

Judiciary Act of 1789

-One of the first things the newly established Congress does is pass the Judiciary Act (remember Art. III doesn't say much) -It establishes the basic three-tiered structure of the federal court system

Articles of Confederation

-The first attempt at a constitution in legal terminology consisting of; -A national government with Congress empowered to make peace, coin money, appoint officers for an army, control the post office, and negotiate with Indian tribes. -Each state's retention of its independence and sovereignty, or ultimate authority, to govern within its territories -One vote in the legislature, the Congress of the Confederation for each state, regardless of size. -The vote of nine states to pass any measure (a unanimous vote for any amendment). -The selection and payment of delegates to the Congress by the states -Lack of centralized military power to address Shays' Rebellion -Lack of tax law enforcement power

Political consultants

-People who promote the election of candidates for political office by helping advise candidates on how best to present their ideas to the public. -Campaign costs have risen significantly since the 1970s, and today candidates rely heavily on individual donors as well as corporations to fund their campaigns. In the wake of longer cycles and increased costs, professional political consultants have become a staple of modern campaigns. Consultants often have responsibility for overall campaign management, conducting polls, and crafting messaging both for the media and for the public through ads and social media. -In the twenty-first century, social media has become a hugely important medium for communicating campaign goals, mobilizing voters, and fundraising. Because many voters spend so much time online, social media is an effective way to reach them. Social media also allows candidates to communicate directly with the electorate rather than going through broadcast or print media, giving them greater control over messaging. -One common criticism of the prevalence of social media is that candidates don't use it to talk about issues, but to respond to political scandals or to "troll" or start conflicts with politicians or other celebrities.

Key cases that caused contracting minority rights including their major holdings

-Plessy v. Ferguson: 1896 case that declared a Louisiana state law mandating separate cars for Black railroad patrons was constitutional. The state law did not violate the Equal Protection Clause of the Fourteenth Amendment because separation does not imply inferiority of Black patrons. Established that segregation was not inherently unlawful discrimination -United States v. Cruikshank: 1876 case that found the Bill of Rights did not apply to private individuals despite the passage of the Equal Protection Clause of the Fourteenth Amendment. White defendants charged with murdering over 100 Black freedman after a contentious election under the Enforcement Act of 1870 to allow for prosecution of vigilante groups for eriminal action were overturned -Civil Rights Cases: 1875 case that struck down the Civil Rights Act of 1875. The Act affirmed the rights of all citizens to enjoy public transportation, lodging, and entertainment based on the Equal Protection Clause of the Fourteenth Amendment. The court held that the federal government cannot prohibit discrimination by private parties -Crawford v. Marion County: 2008 case in which the court upheld Indiana's Voter ID Laws as constitutional because the requirement of voter IDs was a compelling government interest that did not violate the Fourteenth Amendment's Equal Protection Clause or unconstitutionally burden voting rights as the law was neutral and nondiscriminatory

Participatory democracy

-Policymaking institutions are influenced by citizens directly (emphasizes broad participation in politics and civil society) with majority rule -Impossible in large republics -House of reps process

Pluralist democracy

-Policymaking institutions are influenced by non-governmental groups (recognizes group-based activism by nongovernmental interests striving for impact on political decision making) -Argue that many minorities compete for power in different policy areas -Many interest groups stops factions

Elitist democracy

-Policymaking institutions are influenced by the wealthy and powerful (emphasizes limited participation in politics and civil society) -Not always tyranny, could just be influenced from a small sect of people in govt. instead of a direct democracy -Argue that a single minority dominates politics in all policy areas -Shown in the original process for electing senators

candidate-centered campaigns

-Political campaigns that focus on the candidates for office—their personalities and issues—rather than the parties they represent. Since the 1930s, candidate-centered campaigns have predominated in American politics. -Political parties have traditionally kept candidates loyal to the party platform through contributions and assistance in mobilizing voters; by soliciting contributions independently, a candidate has greater freedom to define their own positions and policy agenda. -In party-centered campaigns, candidates had to rely on the party to raise campaign funds, and thus were more obligated to the party. As elections have shifted towards candidate-centered campaigns, candidates can use media to appeal to the public and PACs directly to raise funds.

implied powers

-Powers of the federal government not explicitly named in the Constitution that enable the federal government to carry out its enumerated powers. -Enacting legislation that addresses a wide range of economic, environmental, and social issues based on the necessary and proper clause

Exclusive/delegated powers

-Powers reserved to the federal government (enumerated listed in article 1 section 8) or the states (reserved) -The power to coin money, to regulate commerce, to declare war, make treaties, to raise and maintain armed forces, and to establish a Post Office retains only to the national government. The states are able to ratify Constitutional amendments, configure elections, take measures for public health/safety, establish local government and regulate intrastate (their own state's) commerce. (enumerated powers vs. 10th amendment) -Helps explain the negotiations over the balance of power between the two levels. Examples of this can be seen in Federal responses to natural disasters such as Hurricanes Katrina and Sandy as well as the National Minimum Drinking Age Act of 1984.

Concurrent powers

-Powers shared by the federal government and the states -Establishing courts, tax, creating/enforcing laws, chartering banks/corporations, spending money for the general welfare, and borrowing money. -They make it possible for the states and the national government to simultaneously exercise influence in the same areas of public policy -Helps explain the negotiations over the balance of power between the two levels. Examples of this can be seen in Federal responses to natural disasters such as Hurricanes Katrina and Sandy as well as the National Minimum Drinking Age Act of 1984. -The role of the federal government in public school education is still a constitutional issue debated today.

The USA PATRIOT Act and impact on illegal search and seizure

-Private records -Search of private property -Collection of foreign intelligence -Who is sending and receiving communications

Procedural Due Process

-Procedural rights address the government's obligation to ensure that legal procedures are carried out in a fair and just manner (e.g., the right to a trial by a jury of one's peers) -Right to fair steps taken by government before losing liberty

McDonald v. City of Chicago (2010)

-The first case in which the Second Amendment right to "keep and bear Arms" was incorporated to the states. The City of Chicago passed a handgun ban in 1982; Chicago resident Otis McDonald filed a lawsuit challenging the ban in 2008 on the basis that he needed a handgun for self-defense. The Court declared the handgun ban unconstitutional by a 5-4 majority, ruling that the Second Amendment right to bear arms for self-defence is fundamental, and therefore incorporated to the states through the Fourteenth Amendment's due process clause. -Mcdonald v. Chicago (2010) expanded the right to bear arms by courts ruling to selectively incorporate right to gun ownership on grounds that firearm possession for self-defense is a deeply rooted American tradition and that states and cities cannot ban handguns outright but are still allowed to regulate them under certain conditions which is determined by other cases -The Second Amendment protects "the right of the people to keep and bear Arms," but there has been an ongoing national debate about exactly what that phrase means. The debate only intensified after the U.S. Supreme Court struck down a handgun ban in the District of Columbia in 2008 (District of Columbia v. Heller). Because of its unique constitutional status as the home of the federal government (and not a state), the District of Columbia is treated as subject to the restrictions that the Constitution places on the federal government. As a result, the Heller decision left open the question whether the Second Amendment applies to state and local governments. In this case, which is about a ban on guns in Chicago, the Court was presented with that question. -When the Constitution was written, the Bill of Rights applied only to the federal government—not to the state or local governments. After the Civil War, however, the Constitution was amended to include the 14th Amendment, which guarantees that the states shall not deprive anyone of life, liberty, or property without due process of law. In the decades after the 14th Amendment, the Supreme Court began to rule that different parts of the Bill of Rights did apply to state and local governments—the process of selective incorporation. The Court said that some of the liberties protected in the Bill of Rights are fundamental to our concept of liberty and that it would violate the 14th Amendment's guarantee of due process if states interfered with those liberties. Over time, the Court has ruled that almost all of the Bill of Rights do apply to the states. Before 2010, the Supreme Court had never ruled on whether the Second Amendment's right to bear arms was one of those fundamental rights that states could not infringe. -One of the conservative judges, Alito, ruled based on due process because the right to bear arms was respected among colonists, while another, Thomas, ruled based on the privileges and immunities because it included the right to property and to travel -Second Amendment to the U.S. Constitution -14th Amendment to the U.S. Constitution -Duncan v. Louisiana (1968) -District of Columbia v. Heller (2008) -Writing for a majority of the Court, Justice Alito concluded that the Second Amendment right to keep and bear arms for the purpose of self-defense is fully applicable to the states under the 14th Amendment. The Court considered whether the right to keep guns "is fundamental to our scheme of ordered liberty and system of justice." Relying on a variety of historical records, the Court determined that both the Framers of and those who ratified the 14th Amendment considered the right to keep and bear arms among the fundamental rights "necessary to our system of ordered liberty." They said that self-defense is a basic right, and that, under Heller, individual self-defense is the central component of the Second Amendment right to bear arms. -The tension between public safety considerations and individual rights plays out at all levels of government, and is frequently a factor in cases in which the Court considers selective incorporation. For example, McDonald v Chicago came about because of a city-level handgun ban motivated by public safety, but the Court's ruling gave primacy to individual rights and reversed the ban.

What are the requirements for a law not to be struck down under the Equal Protection Review?

-Rational Basis (state interest only needs to be legitimate (meaning something that the state has jurisdiction over) (can be read as preferred), must be rationally related, applies to non suspect classifications + non fundamental rights + general welfare relating to social welfare and economics + anything else not in other 2 categories (for example, looking at issues that have no constitutional basis)) -Intermediate Scrutiny (state interest must be genuine and important, must be substantially related, applies to quasi-suspect classifications + laws burdening "important but not constitutional rights" + gender classifications must be "exceedingly persuasive" (for example, sexual orientation, free speech)) -Strict Scrutiny (state interest must be compelling (vaguely defined, but generally accepted to be necessary or crucial), must be necessary to achieve the purpose (meaning narrowly tailored and least restrictive (no other alternatives), applies to suspect classifications (race and national origin) + laws burdening the fundamental rights of some class (travel/voting) regardless of class effected (for example, racial issues, national origin issues, gender issues, religion))

Formal Legislative powers of the president

-Recommend legislation to Congress -Present information on the State of the Union to Congress -Convene Congress on extraordinary occasions -Adjourn Congress if House and Senate cannot agree -Veto legislation (Congress may overrule with supermajority)

redistricting

-Redistricting is the process by which new congressional and state legislative district boundaries are drawn. All United States Representatives and state legislators are elected from political divisions called districts. District lines are redrawn every 10 years following completion of the United States census. The federal government stipulates that districts must have nearly equal populations and must not discriminate on the basis of race or ethnicity -Redistricting is the redrawing of Congressional districts. By federal law, redistricting must occur following a census for two reasons. -First, new districts must be drawn when a state gains or loses congressional districts as a result of the apportionment of congressional districts to the states after the census. -Second, even if the number of districts does not change, governments must redraw districts so that the districts have roughly equal populations.

Judicial Restraint vs. Judicial Activism

-Restraint is abiding by how the founding fathers would have wanted the laws to be and activism is deciding based on how current society is like...flexible...sometimes the country needs a judicial push for certain societal behavior -The debate over judicial activism and judicial restraint is a key issue in discussions around the power of the Supreme Court. Some justices favor a policy of judicial restraint, viewing their role as strict interpreters of precedent and the Constitution, and deferring decisions that impact policymaking to the other, elected branches of government. -But other justices believe in judicial activism: that the Court should be bolder in upholding rights that may not be explicitly stated in the Constitution, and in striking down legislation that infringes those rights.

Reverse Incorporation

-Reverse incorporation protects equal protection by holding the federal government accountable for protecting it because there's no equal protection clause of the federal government. Equal Protection: clause that enables the courts to ensure citizens classified in a suspect manner by states have equal protection of the laws; uses the bridge between the 5th and 14th Amendments to Reverse Incorporate and force the federal government to also respect Equal Protection. -Reverse incorporation under Bolling v. Sharpe, refers to the Supreme Court using state law to fill in the gaps when deciding issues which Supreme Court itself has not considered before

United States v. Lopez (1995)

-Ruled that Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime, introducing a new phase of federalism that recognized the importance of state sovereignty and local control. -In 1992, Alfonso Lopez, a high school senior, walked into his San Antonio high school with a concealed weapon. He was arrested for violating a Texas law that prohibited firearm possession on school grounds. At first, Lopez was charged in a court in Texas, but he was later charged with violating the Gun-Free Schools Act, a federal offense. -Lopez was found guilty and appealed to the Supreme Court, arguing that this law was an overreach of congressional power because schools were supposed to be controlled at the state level, not the federal level. The court agreed with him and overturned the conviction. -US v. Lopez was a landmark case as ruled that the federal government had exceeded its authority under the commerce clause in article 1 section 8.

confirmation

-Senate approval of a presidential nomination. -Some presidential appointments, including cabinet members (not all??), ambassadors, and life-tenured judicial appointments, require Senate confirmation. The confirmation process serves as an important check on the presidency and can put the executive and legislative branches at odds.

Senatorial Courtesy (Federal District Court and Federal Appeals Court)

-Senatorial courtesy affects nominations to federal district and appellate courts. -The President consults with the Senators of the state where the district or appellate court is located when filling vacancies on the courts. -This courtesy does not apply to nominations to the Supreme Court

Article I (Lazy)

-Sets legislative powers in congress and establishes a bicameral legislature (Senate and House of Representatives) -Sets qualifications for holding office, terms, methods of election) -The Enumerated Powers were granted to Congress in section 8 which they did not have in the Articles of Confederation -Necessary and proper clause (section 8) gives congress the power to pass necessary and proper laws to carry out powers stated in the Constitution (also called elastic clause) -Implied powers were derived from the enumerated powers and the necessary and proper clause -Allowed Congress to regulate commerce

change in democratic system

-Since the emergence of candidate-centered campaigns in the 1930s, the power of party "bosses" and political machines to decide candidates for state and national office has declined. -Direct primaries make the process of choosing candidates more democratic, but it has also placed the burden of running for office on candidates themselves. In response, candidates must develop sophisticated and expensive campaigns for office, which has increased the importance of fundraising and voter targeting. -The party is no longer the sole entity responsible for nominating candidates, though they can formally announce the candidate they support.

Medicare

A federal program of health insurance for persons 65 years of age and older.

court-curbing measures

-Strategies for reducing the power of the Supreme Court or the impact of its rulings. -Future appointments - Presidents can change the ideological composition of the Supreme Court by appointing new justices who share their interpretations of the Constitution. Sometimes presidents have even suggested altering the number of justices sitting on the Court so they could shift the balance of votes in favor of their policies, like Franklin Delano Roosevelt did in 1937 with his "court-packing plan." -Legislation changing the Court's jurisdiction - Article III of the Constitution gives Congress the power to establish and abolish inferior courts, and the ability to determine the Supreme Court's appellate jurisdiction (its role as a court of appeals for lower courts). Congress may pass acts that prevent the Supreme Court from hearing appeals in certain types of cases. For example, Congress has sometimes revoked the jurisdiction of the Supreme Court to hear appeals in cases that originated in military courts.

Substative Due Process

-Substantive rights are general rights that individuals possess and upon which the government may not infringe. Examples of substantive rights enumerated in the U.S. Constitution include the rights to freedom of expression and freedom of association. -Fair and clear -Fundamental rights

Formal Executive powers of the president

-Take care that the laws be faithfully executed -Nominate officials (with Senate confirmation) implement policy, supervise the executive branch of government, prepare executive budget for submission to congress, and appoint and remove executive officials (allows them to change salaries through role as CEO) -Request written opinions from administrative officials -Fill administrative vacancies during congressional recesses

The Bill of Rights

-Ten amendments added to the Constitution to protect individual liberties and rights from government interference and limited the power of the national government only. In terms of the rights laid out in the Bill of Rights, the states were free to do what they saw fit. -Only applies to federal government without incorporation -consists of the first ten Amendments to the Constitution, which enumerate the liberties and rights of individuals (differs from declaration because it doesn't specifically list them while the Bill or Rights does) -An underlying principle to the Bill of Rights is that there are certain freedoms that the government should not be allowed to interfere with. -The application of the Bill of Rights is continuously interpreted by the courts. -The U.S. Constitution includes a Bill of Rights specifically designed to protect individual liberties and rights. -The father of the Bill of Rights was James Madison and opens his mind to creating a list of rights to add to the Constitution because he believed that the essence of Government is power and is easy to abuse in human hands. He's gonna make a new list instead of starting over with a new constitution for the anti-federalists (makes clarifications) -A list of things that the king did to wrong us and it was made to ensure the new federal government doesn't do the same (freedom of speech, religion, press, petition, assembly (first amendment), right to bear arms (second amendment), no quartering of troops (third amendment), no unreasonable searches/seizures (fourth amendment), no double Jeopardy/due process/no self-incrimination (fifth amendment), right to fair/speedy trial (sixth amendment), right to civil trial by jury (seventh amendment), no cruel and unusual punishment (eighth amendment), more rights than listed (ninth amendment), states rights (tenth amendment))

court interpretations can be effected by

-The Court's changing composition contributes to its different interpretations of the Constitution over time: for example, the majority of justices on the Warren Court who ruled against segregation in Brown v. Board tended to hold liberal positions and ruled in favor of expanding civil rights, many having been appointed by Democratic presidents. By the time of Shaw v. Reno, eight of nine justices were nominees of Republican presidents. With this more conservative composition, the Court interpreted the Fourteenth Amendment to uphold the rights of the racial majority (white voters) in the case of Shaw. -Each component of what can affect court interpretation are precedent and stare decisis, amici briefs, judicial philosophies, composition of the court system, cases on the court docket, and judicial appointment and confirmation process.

Declaration of Independence

-The Declaration of Independence considered each of Richard Lee from Virginia's points and was largely drafted by Thomas Jefferson. It was presented to the Second Continental Congress. The document proclaimed freedom from Britain greatly based on John Locke's philosophy of social contracts and rights. -The document secured their separation and noted their form of government. It also protested the rights the British stripped of them. It was demanded to be revoked by the British at the Peace Conference as the Revolutionary War began.

Due Process Clause

-The Fourteenth Amendment clause guaranteeing that no state shall "deprive any person of life, liberty, or property, without due process of law." The Supreme Court has interpreted the due process clause to provide for "selective incorporation" of amendments into the states, meaning that neither the states nor the federal government may abridge individual rights protected by the Constitution. -A clause of the Fourteenth Amendment stipulating that no state shall "deprive any person of life, liberty, or property without due process of law." This clause aims to ensure that neither states nor the federal government infringe upon the rights of individuals without following proper legal procedure -Mcdonald v. Chicago uses the due process clause of the 14th Amendment to apply the first ten amendments to state and local governments. -The due process clause limits states from infringing individual rights: The Supreme Court has interpreted the due process clause of the Fourteenth Amendment to mean that state governments, in addition to the federal government, may not violate individual rights. -Provisions of the Fifth and Fourteenth Amendments that limit the power of the government to deny people "life, liberty, or property" without fully respecting their legal rights and the correct legal procedure. -Substantive Due Process from the 14th Amendment and the Right to Privacy from the 9th Amendment play a role in Roe v. Wade by fair and clear laws + fundamental rights helped make the decision with the right to privacy. The 9th amendment was interpreted how it was in Griswold which was the precedent case. This was that there is a "zone of privacy" created by the 1, 3, 4, and 9th amendments.

New Jersey Plan

-The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population. -Wanted to strengthen, not replace, the articles -One-house legislature with one vote for each state and representatives chosen by legislatures -Giving Congress the power to earn money from taxes on imports and postal service fees -Creating a Supreme Court with members elected by the president

14th Amendment

-The Fourteenth Amendment to the US Constitution was ratified in 1868 in response to ongoing discrimination against African Americans in southern states after the Civil War. This amendment incorporated elements of the Bill of Rights, which originally applied only to the actions of the federal government, into the states by barring state governments from infringing upon the rights of citizens. The Fourteenth Amendment also declared that "all persons born or naturalized in the United States . . . are citizens of the United States and of the State wherein they reside," effectively overturning the 1857 ruling in Dred Scott v. Sandford that black people were not citizens of the United States. -explicitly guarantees certain rights against infringement by states, including citizenship, due process, and equal protection for all citizens; before the Amendment's 1868 adoption, these rights were protected at the Federal level by the Bill of Rights, but not explicitly at the state level (HAS 3 PARTS AND MUST BE SPECIFIC ABOUT WHICH PART WITH QUESTIONS) -due process clause ("selective incorporation" of amendments into the states (originally they were intended for the FEDERAL government, not the states until they're incorperated)) -privileges and immunities? -equal protection clause (no state can deny citizens equal protection or due process of the law) -The 14th Amendment and Gitlow v. New York (1925) help define due process and the application of the First Amendment to the states by the 14th amendment establishing that state governments must respect people's due process and liberty from the due process clause. Gitlow's case was the first amendment's appearance in state courts as the first selective incorporation case. (Gitlow, a socialist, was arrested in 1919 for distributing a "Left Wing Manifesto" that called for the establishment of socialism through strikes and class action of any form. Gitlow was convicted under New York's Criminal Anarchy Law, which punished advocating the overthrow of the government by force.) -The 14th Amendment helps "start" selective incorporation by giving birth to the idea that you could apply the provisions of the bill of rights to the states from the due process clause. -Out of much debate and contention came the 14th Amendment to the Constitution, considered to be a transformative extension of the Bill of Rights. -Four demographics that the 14th amendment protects against discrimination from are race, religion, national origin, and sex. -Everyone that is born in the U.S. is a U.S. citizen and member of their state. -Laws cannot be passed which limit the rights of U.S. citizens -No rights can be stripped away unless a fair trial is held. -Anyone, regardless of their background or ethnicity, should not be denied the same protection everyone else receives. -Members of the house will be elected based on the population numbers of their state. Those who can vote for electors, the President, and the Vice President, have to be male and at least 21. -Congress has the power to enforce what is stated in this article

Hatch Act

-The Hatch Act was signed into law in 1939 to keep federal employees from engaging in political activities while they're on the job. It was also designed to ensure federal employees don't face political pressures as they perform their work. While numerous federal employees have been cited with violating the act over the years, high-ranking political appointees have rarely faced any repercussions. -The act was initially passed in reaction to a scandal during the administration of Franklin D. Roosevelt. Sponsored by, and named after, New Mexico Senator Carl A. Hatch, a Democrat nicknamed "Cowboy Carl," the legislation defines political activity as "any activity directed toward the success or failure of a political party, candidate for partisan political office, or partisan political group. Violations of the Hatch Act carry serious penalties, which may result in disciplinary action or removal from Federal employment."

Compromise on the importation of slaves

-The Northerners agreed to 20 more years of slavery and a ban on taxing exports to protect the cotton trade -The Southerners agreed to vote on navigation laws which they would be the majority in

Gideon v. Wainwright (1963)

-The Supreme Court incorporated the Sixth Amendment right to legal counsel at the state level, ruling that state courts were responsible for providing a lawyer to a defendant who could not afford one. -In 1961, a Florida court refused to provide a public defender for Clarence Earl Gideon, who was accused of robbery. Gideon appealed his conviction to the US Supreme Court on the grounds that the Fourteenth Amendment incorporated the Sixth Amendment's right to counsel to the states -The Supreme Court ruled in Gideon's favor, requiring states to provide a lawyer to any defendant who could not afford one. -This is one of many cases that relied upon the doctrine of selective incorporation. Citing the Fourteenth Amendment's due process clause, the Supreme Court has applied provisions of the Bill of Rights (which originally only constrained the actions of the federal government) to the states. Selective incorporation prevents state governments from infringing on individual freedoms. -Did the Sixth Amendment's right to counsel apply to the states? -Yes. The Fourteenth Amendment, which prevents states from depriving citizens of life, liberty and property without due process of law, applies the Sixth Amendment to the states. The Court reasoned that the assistance of a lawyer was necessary to ensure a fair trial, and so states must provide counsel to defendants too poor to afford lawyers. -Expanded the Bill of Rights to the states because the holding was that the sixth amendment requires assistance of counsel applies to all criminal cases unless it's waived by the individual (amendment 6: right to assistance of counsel and amendment 14: selective incorporation principle via due process clause) -The Sixth Amendment to the U.S. Constitution protects the rights of people accused of crimes. Among these protections is the right to have the assistance of a lawyer for one's defense. That means that the government cannot prevent someone from consulting with a lawyer and having a lawyer represent them in court. However, not everyone who has been accused of a crime can afford to hire a lawyer. In 1938, the Supreme Court ruled that, in federal criminal courts, the government must pay for a lawyer for defendants who cannot afford one themselves. Gideon v. Wainwright is a case about whether or not that right must also be extended to defendants charged with crimes in state courts. -The 14th Amendment says that states shall not "deprive any person of life, liberty, or property, without due process of law." The Supreme Court has ruled that some of the constitutional rights that, at first, only protected people from infringement by the federal government, are so fundamental to our concept of liberty (protected by the 14th Amendment) that they must also apply to state governments. In 1963, the Supreme Court had to decide whether, in criminal cases, the right to counsel paid for by the government was one of those fundamental rights. -The Supreme Court ruled unanimously for Gideon. Justice Black delivered the opinion. Justices Harlan and Clark wrote concurring opinions. -The Supreme Court overturned part of Betts v. Brady, in which it had concluded that the Sixth Amendment's guarantee of counsel is not a fundamental right. Instead, the Court in Gideon said that the right to the assistance of counsel in felony criminal cases is a fundamental right essential to a fair trial. Therefore, this protection from the Sixth Amendment applied to state courts as well as federal courts. State courts must appoint counsel to represent defendants who cannot afford to pay for their own lawyers if charged with a felony. -The Court said that the best proof that the right to counsel is fundamental and essential is that governments spend a lot of money to try to convict defendants and those defendants who can afford to almost always hire the best lawyer they can get. This indicates that both the government and defendants consider the aid of a lawyer in criminal cases absolutely necessary. In addition, the opinion noted that the Constitution places great emphasis on procedural safeguards designed to guarantee that defendants get fair trials.

Supreme Court restrictions and protections of minority rights:

-The Supreme Court's interpretation of the Constitution can change over time, as it did between the decisions in Plessy v. Ferguson (1896) and Brown v. Board of Education (1954). In Plessy, the Court ruled that public facilities that were "separate but equal" did not violate the Fourteenth Amendment. This decision sanctioned segregation in public places all across the United States. -However, in Brown v. Board of Education (1954), the Court under Chief Justice Earl Warren ruled that race-based school segregation violates the equal protection clause, overturning Plessy. These different interpretations of the constitutionality of segregation show how at times the Court has restricted rights, and at others protected them. For example, Shaw v. Reno (1993) is an example of the Court upholding the rights of the majority, arguably at the expense of minority rights, by placing limits on majority-minority redistricting

gerrymandering

-The act of changing the boundaries of an electoral district to favor one party over another. -When lines need to be redrawn, the party in power (of state government) would try to redraw them in a way that gives them a political advantage -Parties tried to gerrymander in two distinct ways: -Packing - Putting as many of the opposing party's voters into one district as possible -Cracking - Dividing the opponent's voters into many different districts -Supreme Court ruled that districts must be touching ("contiguous") and compact as much as possible

Professionalism in the bureaucracy

-The bureaucracy carries out the responsibilities of the federal government to regulate and enforce individual and commercial activities. Except for top-level political appointees, employees of the bureaucracy are specialists in their fields, who are hired and promoted based on merit rather than on their connections to politicians. -The transition from a patronage-based bureaucracy to a merit-based system has increased the bureaucracy's professionalism and expertise. The bureaucracy is nonpartisan and career civil servants tend to span many presidential administrations, allowing for continuity in the public sector.

direct primary

-The current process by which voters choose their party's candidate for national office. Direct primaries have replaced party-controlled mechanisms for choosing candidates. -Though some scholars argue that direct primaries lessen the chance of getting experienced, talented candidates on the ballot, many still believe voters should be able to pick whoever they want to represent them in the election.

Court's interpretation of the death penalty

-The death penalty has changed over time by first saying that they're cruel and unusual when arbitrary and capricious (de-facto moratorium until process is fixed) (Furman v. GA (1972). It stated that it's not cruel and unusual when there is separate trial/sentencing (severity, defendants nature, comparables considered) -The specific factors or considerations that have changed in consideration of the death penalty are: -The nature of the crime: (capital crimes versus non capital) -Nature of the accused: age/mental capacity -Method of punishment and execution -Non arbitrary application (due process) -Prohibition on death penalty?

seperate but equal doctrine

-The doctrine established in Plessy v. Ferguson (African American train passenger Homer Plessy refused to sit in a car for Black people. Rejecting Plessy's argument that his constitutional rights were violated, the Supreme Court ruled that a law that "implies merely a legal distinction" between white people and Black people was not unconstitutional.) that African Americans could constitutionally be kept in seperate but equal facilities. -The Supreme Court's decision in Plessy v. Ferguson (1896) that having separate facilities for black and white citizens was not a violation of the Fourteenth Amendment's equal protection clause.

First Amendment's establishment clause

-The first clause of the First Amendment, which states that "Congress shall make no law respecting an establishment of religion." This prevents the federal government from supporting an official religion and sets the United States apart from many European nations, which provide official government support for a national, or "established," church. -The interpretation and application of the First Amendment's establishment and free exercise clauses reflect an ongoing debate over balancing majoritarian religious practice and free exercise, as represented by such cases as: Engel v. Vitale (1962), which declared school sponsorship of religious activities violates the establishment clause -The first amendment interprets the establishment of religion with the establishment clause which states That the government cannot have their own sponsored religion and stops them from preferring one religion over another or nonbelief. this prohibits the government from attending religious institutions or giving them money, stops them from selecting religious doctrine, stops religious figures from exercising governmental power, and selective government extension of police to some religious entities . (aid to religious institutions, government sponsored prayer, a combination of religion without establishing that religion, religious symbols)

selective incorporation

-The gradual process of applying amendments in the Bill of Rights to state and local governments; only some of the rights in the Bill of Rights have been selectively incorporated. -Using the doctrine of selective incorporation, the Supreme Court has ruled that many provisions of the Bill of Rights apply to the states. This represents a limiting of state power by federal oversight; any state attempt to regulate individual rights could potentially be ruled unconstitutional by the Court. -Not every right or provision of the Bill of Rights has been incorporated to the states; including those that have never been challenged in the Supreme Court, and those that the Court has specifically ruled non-fundamental, such as the Fifth Amendment's double jeopardy protection. -While the Bill of Rights expressly protects citizens' rights and liberties against infringements by the federal government, it does not explicitly mention infringement or regulation of rights by state governments. Over a succession of rulings, the Supreme Court has established the doctrine of selective incorporation to limit state regulation of civil rights and liberties, holding that many protections of the Bill of Rights apply to every level of government, not just the federal. -When deciding whether a right is incorporated to the states (and all levels of government), the Court considers whether the right is "implicit in the concept of ordered liberty", or otherwise "fundamental". If the right is fundamental, it applies to the states through the Fourteenth Amendment's due process clause. -While the Bill of Rights expressly protects citizens' rights and liberties against infringements by the federal government, it does not explicitly mention infringement or regulation of rights by state governments. Over a succession of rulings, the Supreme Court has established the doctrine of selective incorporation to limit state regulation of civil rights and liberties, holding that many protections of the Bill of Rights apply to every level of government, not just the federal. -Today most of the Bill of Rights is applied to the states through a process called selective incorporation; that is, the Supreme Court, through the incorporation doctrine, has over the last 80 years or so used the Fourteenth Amendment's Due Process and Equal Protection clauses to limit the states' powers to infringe on the civil liberties of American citizens. In other words, unlike in 1791, today, with a few exceptions, most of the Bill of Rights DOES apply to the states too. -Selective incorporation is the process by which the Constitution effectively inserts parts of the Bill of Rights into state laws and constitutions. In this way, selective incorporation is an implicit, not explicit, process. The Supreme Court decides whether state laws are unconstitutional because they violate the Bill of Rights -Selective incorporation has changed the protection of the Bill of Rights because originally, the Bill of Rights said that the federal government could not oppress states rights but now the states are held to the same standard for the people through selective incorporation -Selective incorporation is the application of the bill of rights to the states case by case and eventually giving more liberty to the people. -Implemented on a case by case basis to apply the Bill of Rights to the states because states originally had their own constitutions they followed

micro-targeting

-The growing practice of using computer models to identify voters who might support a candidate. Campaigns pay firms to mine consumer data, census records, and voting behavior in order to supply them with names of potential voters. -Data and analytics are used to improve efficiency of voter contacts and compare the results of various communication strategies. -Purchasing social media data enables campaigns to micro-target voters with more individualized messages designed to persuade or engage them based on their online behavior.

Supreme Court

-The highest federal court of the United States, established by Article III of the US Constitution, with nine sitting justices today. -Unlike inferior courts, the Supreme Court is shielded from the influence of Congress, which cannot change its jurisdiction or the salaries of sitting justices.

Second Continental Congress

-The king refused to meet these demands and so a Second Continental Congress was held that decided an army should be raised which George Washington would command when the king subjected all attendees to death -Wrote the Articles of Confederation Wrote the Declaration of Independence

Incorporation doctrine

-The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment. -Baron v. Baltimore (1833) (Bill of Rights applies ONLY to natl. government; does not restrict states) -14th amendment (1868) (no state can deny citizens equal protection or due process of the law -Gitlow v. New York (1925) (14th amendment's due process clause can extend the bill of rights to the states)

House of Representatives

-The lower chamber of Congress, in which the number of representatives per state is determined by the state's population, with 435 Representatives total. Members of the House of Representatives serve two-year terms, so they are up for reelection every two years. -More formal procedures and rules -Rules committee (responsible for the rules under which bills will be presented to the House of Representatives and can kill the bill) -Must be 25 -Must be a citizen of the United States for 7 years -Must live in the state they represent and district they represent -Limited debate

Tenth amendment

-The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. -The Tenth Amendment helps to define the concept of federalism, the relationship between Federal and state governments. As Federal activity has increased, so too has the problem of reconciling state and national interests as they apply to the Federal powers to tax, to police, and to regulations such as wage and hour laws, disclosure of personal information in recordkeeping systems, and laws related to strip-mining.

State of the Union address

-The president's annual message to a joint session of Congress, which includes recommended legislation and evaluations of the nation's top priorities and economic health. -The president can use the State of the Union to set their policy agenda

Public policy

-The process by which policy makers translate their political vision into programmes and actions to deliver 'outcomes — desired changes in the real world -A choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem.

implementation

-The process of carrying out the Supreme Court's rulings; for example, Presidents Eisenhower and Kennedy sent federal troops to integrate schools when southern states refused to implement Brown v. Board of Education. -Refusing to implement decisions - The Supreme Court relies on the President to enforce its will; if presidents disagree with a decision they may do as little as possible to enforce the decision, or in rare cases ignore a decision altogether. For example, the Supreme Court struck down Abraham Lincoln's decision to suspend habeas corpus during the Civil War, but he continued the policy with Congress's blessing.

Fourth Amendment

-The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. -The right to privacy plays a role in the Fourth Amendment in the line that says "The right of the people to be secure in their persons, houses, papers, and effects" -Prevents government from collecting metadata The exceptions (including technology based) to the Fourth Amendment are: -Consent (they're allowed to search if you say so) -Plain view (if something is spotted, but not in the warrant, but still in plain view, it can be used as evidence) -Incident to Arrest (evidence found during the arrest) -Exigent circumstances (if someone is in danger) -Hot pursuit (if police find evidence while someone is on the run) -Automobile exception (vehicles can just be driven away and evidence can be taken away quickly) -Expectation of privacy -Inherent Exigency -PATRIOT Act: more government access to electronic surveillance including metadata without a warrant -Implied Consent: Driving implies consent to sobriety blood searches when unconscious, without a warrant -Biosurveillance: DNA Material can be obtained from discarded trash without a warrant

right to privacy

-The right to "be left alone," or to be free of government scrutiny into one's private beliefs and behavior. -The 9th amendment ultimately complicated the interpretation and implication of the Right to Privacy when considering other amendments by the errant belief that there is no significant discussion of the amendment to reliably interpret its opinion. Some believe the 9th was meant to keep the Federal Government from overwhelming areas of concurrent powers. (loose v. strict interpretation) -Although there's no enumerated "right to privacy" in the Bill of Rights, since the 1960s the Supreme Court has held that several amendments create a "penumbra" of privacy for individuals' private beliefs and conduct. In Roe v. Wade, the Court extended the right of privacy to the decision to have an abortion. The right to privacy is not unlimited, however: the decision in Roe recognized that the government may regulate abortion in the second and third trimesters of pregnancy due to compelling state interests in maternal health and potential lif

Civil liberties

-The rights of citizens to be free from undue government interference in their lives, including those rights guaranteed in the Bill of Rights and those established by long legal precedent (such as the right to marry or travel freely) -constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference. -Civil liberties are freedoms guaranteed to us by the Constitution to protect us from tyranny (think: our freedom of speech/bill of rights), while civil rights are the legal rights that protect individuals from discrimination (think: employment discrimination/14th amendment). You have the right to remain silent.

Civil rights

-The rights of citizens to be free of unequal or discriminatory treatment on the basis of race, gender, or membership in a particular demographic group -Rights of individuals against discrimination based on race, national origin, religion, sex, ability, sexual orientation, age, or pregnancy.

Free Exercise Clause

-The second clause of the First Amendment, which prevents the federal government from interfering with its citizens' religious beliefs and practices. The Supreme Court has upheld some limits on religious practices that conflict with secular laws, such as religious drug use or polygamy. -Wisconsin v. Yoder (1972), which held that compelling Amish students to attend school past the eighth grade violates the free exercise clause -"Congress shall make no law respecting an establishment of religion nor prohibit the free exercise thereof" -The exercise of religion is interpreted through the free exercise clause, which reserves rights of individuals to except any religious beliefs and engage in religious rituals, and includes the right to break laws on religious grounds for discrete reasons. -The free exercise clause protects religion from government by allowing free religious beliefs and actions but religious actions are subject to regulation to protect society and requires strict scrutiny to prevent anarchy

Wisconsin v. Yoder (1972)

-The state of Wisconsin fined three Amish families for refusing to send their children to school past the eighth grade. State law mandated that all students attend school until age 16. -Not the FIRST case to incorporate the free exercise clause -The Amish families' case went to the Supreme Court, which ruled that the Wisconsin law violated their right to free exercise of religion. -In Wisconsin v. Yoder, the Court prioritized free exercise of religion over the state interest in an educated populace. The Court ruled that the individual liberty to worship freely outweighed the state's interest in forcing students to attend school. -Jonas Yoder and Wallace Miller, both members of the Old Order Amish religion, and Adin Yutzy, a member of the Conservative Amish Mennonite Church, were prosecuted under a Wisconsin law that required all children to attend public schools until age 16. The three parents refused to send their children to such schools after the eighth grade, arguing that high school attendance was contrary to their religious beliefs -Did Wisconsin's requirement that all parents send their children to school at least until age 16 violate the First Amendment by criminalizing the conduct of parents who refused to send their children to school for religious reasons? -(7-0 decision) Yes. The individual's interests in the free exercise of religion under the First Amendment outweighed the State's interests in compelling school attendance beyond the eighth grade. (free exercise clause) (sided with Yoder) -The First Amendment protects the right of people to exercise their religion freely. This means that the government cannot outlaw any religious beliefs. Sometimes, however, conduct related to those beliefs conflicts with government laws and regulations. In these cases, courts are asked to rule on whether the government is allowed to forbid some conduct required by someone's religious belief or compel conduct that is forbidden by that belief. This is a case about the free exercise of the religious beliefs of Amish and Mennonite communities. -The Amish and Mennonite sects of Christianity view individualism, competition, and self-promotion as vices that separate members from God, one another, and their own salvation. In order to preserve these values, each rural community seeks to become largely self-sufficient, providing for its members' needs with minimal support from those outside the community. These beliefs led many communities to stop formal education, in the form of public, private, or home schooling, for their children after the age of 14. For generations that approach aligned with state and local laws related to the number of years children were required to be in school. In the mid-20th century, however, many U.S. states raised the age to which children must attend school, and that created conflict with Old Order Amish and Mennonite practices. -Wisconsin v Yoder defines the government's ability to regulate worship based on a compelling interest, not just a mild interest as it may interfere with policy

The Three Fifths Compromise

-The state population (for representation and taxing) would be decided by the whole # of free people + ⅗ of all others -Ensured the South 47% in the house, enough to keep slavery down there

Eighth Amendment

-The terms excessive, cruel, and unusual in the Eighth Amendment relate to natural rights by "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted" with excessive bail referring to liberty and property referring to excessive fines and cruel and unusual punishments referring to life. -No excessive bail: must be reasonable and proportional, but may consider the crimes seriousness, evidence, and accused flight risk -No excessive Fines: cannot violate due process by causing property loss (Timbs v. Indiana (2019)) -No cruel and unusual punishment: Punishment should be proportional to the crime (cruel and unusual is vague so SCOTUS narrows it down)

Senate

-The upper chamber of Congress, in which each state has two representatives regardless of population size, with 100 senators total. Senators serve six-year terms, with one-third of them running for reelection every two years. -Less formal procedures and rules -Filibuster -Holds -Unanimous consent agreements -Rules committee -Treaty ratification and confirmation role -Must be 30 -Must be a citizen of the United States for 9 years -Must live in the state they represent -Confirms treaties with a 2/3 majority (President negotiates) -Larger legislative districts than the house -Confirms Supreme court appointees -Unlimited debate

Problems Under the Articles of Confederation

-There was no provision for an executive branch of government to execute or implement laws -No judicial system to deal with conflicts between states -Because of sovereignty, foreign powers didn't trust anything that the National Confederacy (nation governed by the states) agreed to -Difficult to raise revenue for the central government due to a lack of power to implement taxes

Shaw v. Reno (1993)

-This case established that, although legislative redistricting must be conscious of race and comply with the Voting Rights Act of 1965, redistricting cannot exceed what is reasonably necessary to avoid racial imbalances. -No-racial-gerrymandering decision -White voters in North Carolina argued that districts could not be gerrymandered based on race, as their district had 2 minority and majority districts. -This conflicted with the Voting Rights Act of 1965 which prohibited states from creating districts in a way that discriminates on the basis of race. The court aligned with North Carolina residents' claim, that the State created a racially gerrymandered district and raised a valid constitutional issue under the Fourteenth Amendment's Equal Protection Clause. -The majority of judges sided with Shaw that North Carolina's reapportionment plan was racially neutral on its face, the resulting district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race. The district exceeded what was reasonably necessary to avoid racial imbalances. The District Court would have to decide whether or not some compelling governmental interest justified North Carolina's plan. -Equal Protection Clause, Gerrymandering -The Fourteenth Amendment's Equal Protection Clause, 15th Amendment to the U.S. Constitution ("The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude.") -The court's decision ruled that electoral districts whose boundaries cannot be explained except on the basis of race can be challenged as potential violations of the equal protection clause. It meant the court could step in to prevent racial discrimination in voting. This could be connected to Baker v. Carr because it could lessen the equality of the vote of a person.

The Great Compromise

-Took ideas from both plans -Created a two-house legislature -House of Representatives with delegates numbering 56 (one per 30,000 in the state's population) which the people directly elect (originated bills for raising and spending money) -The Senate (second house) would have each state have one equal vote and the state legislatures would elect the 2 representatives, approves treaties and certain presidential appointments, such as ambassadors and Supreme Court Justices

Presidential Limits

-Twenty-second Amendment (Limits a president to two terms (or no more than 10 years)) -Impeachment -U.S. vs Nixon -Executive privilege

partisan news sites

-Websites and blogs that cater to audiences with a particular ideological perspective. -American media is less diverse than ever. Today, giant media conglomerates own nearly all of the commercial news sources, reducing the diversity of opinions that once characterized independent newspapers across the country. As the range of television channels has expanded beyond a handful of major networks, which attempted to present a non-partisan perspective to avoid alienating any portion of their audiences, it has become possible for Americans to choose news sources aligned with their politics. Cable news programs and partisan news sites tailor their reporting to audiences that agree with their ideological perspectives, permitting citizens who already strongly identify with left- or right-wing politics only to engage with stories that confirm their existing views.

How are bureaucratic agencies represented?

-Writing and enforcing regulations ​-Issuing fines -Testifying before Congress -Issue networks and "iron triangles"

Caucus

-a meeting in a voting precinct at which party members choose nominees for political office after hours of speeches and debates; caucuses tend to promote the views of dedicated party members since participating requires a large time commitment (used for presidential and congressional elections)

Open primary

-a primary election that is not limited to registered party members. For example, in a state with open primaries, independent voters or Republicans can vote in the Democratic primary to choose candidates for local, state, and national office (used for presidential and congressional elections) -Although "open primaries" are more democratic in allowing voters of any affiliation to vote in the primary of any party, closed primaries tend to nominate the strongest presidential candidate who supports the party platform and ideology.

independent regulatory agencies

-also known as independent regulatory commissions -created by Congress to regulate important parts of the economy, make rules for large industries and businesses that affect the interests of the public. -regulatory agencies are watchdogs that need to operate independently, they are not part of a department. -5-10 members appointed by the president and confirmed by the Senate -Commissioners are somewhat more "independent" than are the cabinet secretaries -cannot be removed by the president during their terms of office -Commissioners serve rather long terms (5-14 years) -Terms of the commissioners are staggered -have quasi-legislative powers: they have the authority to make rules/regulations that have the force of law. -have quasi-judicial powers: they can settle disputes in their fields (such as the FCC fining tv stations).

Primary election

-an election that decides which candidate a party will send on to a general election; primary elections pit candidates from the same party against one another -Decisions made at the local and state level concerning the form that primaries will take, which nominees for office proceed to general elections, and which party controls Congress have far-reaching consequences for the composition of US government. -Before the 1970s, presidential candidates were chosen by party leaders (sometimes in secret), and the election process was usually much shorter. Primaries and caucuses were relatively unimportant—party leaders could freely ignore the results and choose a different candidate—and many states did not hold a vote at all. -Since the 1976 election, however, both Republicans and Democrats have used state primaries as the principal way of selecting presidential candidates, with every state (as well as the District of Columbia and some overseas territories) holding a vote. An unintended consequence of the increased importance of state-level votes is that the presidential election cycle has become longer, with candidates starting to campaign as many as three years ahead of election day. -As the length of election cycles is much longer in the United States, candidates for the presidency tend to spend more than candidates in other countries to keep their campaign running and relevant with the American public

General election

-an election that decides which candidate will fill an elective office. General elections usually pit candidates from opposing parties against one another. -The two-year election rotation for senators was implemented to protect the Senate from a rapid turnover in ideas, providing stability after major elections and during other periods of national uncertainty.

Article II, Section 3 of the US Constitution

-establishes the president as Chief Legislator; in this role, the president has the power to shape policy and influence which bills Congress attempts to pass. -Advances in communication technology have changed the president's relationship both with other branches of government and with the electorate, increasing presidential influence over the legislative agenda.

Electoral college

-the group of electors chosen by each state (districts vote for their representative, the representatives vote in December) to formally vote for the next U.S. president based on the result of voting in the state -The president and vice president are formally elected at the Electoral College in December following the general election. Electors from each state plus the District of Columbia cast votes; most states require all their electors to vote for the statewide popular vote winner. This "winner-takes-all" approach to distributing electors raises questions over the extent to which the Electoral College facilitates or impedes democracy. -Critics of the Electoral College highlight the potential for a candidate to lose the nationwide popular vote but win the presidency as in 2016 and 2000. The "winner-takes-all" allocation of most electors in the Electoral College also means that voters in "safe states"--those that have consistently voted for the same party in recent presidential elections, such as California and Texas--are often less engaged and less motivated to vote in a presidential election, compared to voters in more competitive "swing states" where both Democratic and Republican candidates have won recently, such as Florida and Ohio. -Candidates focus on states with the largest populations -On the other hand, defenders of the Electoral College argue that it incentivizes candidates to campaign in states of different sizes, rather than just the largest states and cities, and that it keeps a prominent role for the states in a federal election. -the president is chosen by the House selecting among the top three candidates with each state having only one vote, no matter how many members in the chamber (one vote per state for the top 3) represent that state if no candidate receives a majority of votes by the Electoral College -The Electoral College was a compromise that reflected the division of power in a federal system, ensuring presidents would respond to the interests of the states.

Due Process

-the legal requirement that an individual's rights must be respected by a state or government; protected at the federal level by the Fifth Amendment, and at the state level by the Fourteenth -The due process clause protects the rights of the accused, but it also makes ensuring national security and public safety more difficult. There are ongoing debates about the extent to which government can monitor private data and communications while still preserving the liberties of citizens against warrantless search and seizure.

Incumbency advantage

-the tendency of incumbents (officials already holding a political office) to win reelection; incumbents have advantages in media exposure, fundraising, and staff -One major factor influencing the outcome of congressional elections is the advantage that incumbent candidates have over challengers; incumbents are typically much better funded and are better recognized by voters; plus, they participate in deciding the boundaries of voting districts. -Incumbents usually raise more campaign fund than their challengers, are better known to voters, use staff to perform services for constituents, and understand national issues better than their challengers

Policy mood

A measure of the public's preferences toward policy choices.

How does a bill become a law?

1. Bill is introduced by being placed in the hopper (H.R.,notsenate) or formally announced (S) 2. It is then sent to the appropriate standing committee where hearings are held and the bill is closely scrutinized 3. Next it is sent to the floor where it is debated, can be amended, and is then voted on (possibly ending up in a conference committee) 4. Finally, it goes to the President where he can make it a law, or veto it

DACA (Deferred Action for Childhood Arrivals)

A 2012 law that allows people who came to the U.S. as children to request amnesty and work authorization without deportation for up to two years at a time.

cloture

A Senate procedure through which a supermajority of 60 senators can vote to limit the amount of time spent debating a bill and cut off a filibuster.

independent candidate

A candidate for office who does not have a formal affiliation with a political party.

LGBTQ movement

A civil rights movement which emerged in the 1970s, dedicated to combating legal restrictions on lesbian, gay, bisexual, transexual, and queer citizens on the basis of Fourteenth Amendment protections. Note that some advocate for using alternative acronyms, such as LGBTQIA+ and GSRM.

Inflation

A continuous rise in the price of goods and services.

Majority rule

A core political value meaning that the election of officials and transformation of policies into law will take place only if the majority of citizens support it (applies to voters and representatives). This contrasts against the other core value of minority rights.

Natural Law

A doctrine that society should be governed by certain ethical principles that are a part of nature and can be understood by reason. This means that the people are ultimately the ones who create, abolish, or alter the government.

Republic

A government in which the interests of the people were represented by more wealthy or educated individuals that were responsible to those who voted for them/they represented

precedent

A legal decision that establishes a rule for similar cases going forward.

Trustee

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

issue network

A group of individuals, public officials, and interest groups that form around a particular issue, usually a proposed public policy that they wish to support or defeat. Network that consists of people in interest groups, on congressional staffs, in bureaucratic agencies, in universities, and in the mass media who regularly debate an issue (less formal than iron triangles and are usually about a single issue)

Population

A group of people that a researcher wants to study. This might be a large group, such as all voting-age citizens in the United States, or a smaller group like members of a club or church.

cabinet

A group of presidential advisers, including the heads of the executive departments, the attorney general, and other officials chosen by the president.

protest movement

A group that brings attention to a social problem through public demonstrations or other forms of direct action.

party platform

A list of goals outlining a party's positions on issues and political priorities.

pro-life (anti-abortion) movement

A movement opposed to abortion, led by the National Right to Life Committee, which argues that Fourteenth Amendment protections begin at conception.

political machine

A party organization with the goal of enriching party leaders, party workers, and citizen supporters through government contracts and jobs.

Delegate

A person appointed or elected to represent others

discharge petition

A petition signed by members of the House of Representatives to bring a bill out of committee and onto the floor for a vote.

National Heath Insurance

A plan under which the government provides basic health care coverage to all citizens. Most such plans are funded by taxes on wages or salaries.

Laissez-faire

A policy that government should interfere as little as possible in the nation's economy.

Party Platform

A political party's statement of its goals and policies for the next four years. The platform is drafted prior to the party convention by a committee whose members are chosen in rough proportion to each candidate's strength. It is the best formal statement of a party's beliefs.

Limited Government

A political system in which there are restrictions placed on the government to protect individual rights and liberties.

Opinion poll

A poll taken by sampling a small section of the public in an effort to predict election results or to estimate public attitudes on issues.

"free rider" problem

A problem of group behavior that occurs when an individual can receive a public benefit without making a personal contribution of money or effort. For example, a person might listen to public radio but never contribute to the station, assuming that other donors will pay to keep it operating.

"Stand by Your Ad" provision

A provision of the Bipartisan Campaign Act of 2002 which requires ads used to support or oppose a candidate to include this line: "I'm [candidate's name] and I approve this message."

Random Sample

A random selection from a population, random sampling techniques ensures an equal probability of individuals being selected for a survey or poll.

Representative Sample

A relatively small number of respondents who accurately reflect the variety of opinions, demographics, etc. in the broader population. In political science, a representative sample is usually between 400 and 2,000 respondents.

party platform

A set of goals supported by a political party. Parties design their platforms to appeal to the concerns of the public and to encourage voters to support the party.

Party realignment

A sharp change in the issues or voting blocs that a party represents.

Focus group

A small, demographically-diverse group of people assembled for an in-depth group discussion. Researchers study the group's reactions to an idea or candidate in order to gauge how the broader public might react.

dissenting opinion

A statement written by a justice who disagrees with the majority opinion, presenting his or her opinion

Amicus Brief

A submission to the court from an amicus curiae, or "friend of the court," an interested individual or organization who is not party in the case.

Tracking Poll

A survey performed repeatedly with the same group of people to check and measure changes of opinion.

Socialism

A system in which society, usually in the form of the government, owns and controls the means of production.

filibuster

A tactic used by senators to block a bill by continuing to hold the floor and speak, adhering to the Senate rule of unlimited debate. The purpose of this tactic is to continue to speak for so long that the bill's supporters eventually back down.

Progressive Tax

A tax graduated so that people with higher incomes pay larger fraction of their income than people with lower incomes.

Social Contract

A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.

Undecided Voter

A voter who is unsure who to vote for.

Federal Elections Commission

Administering and enforcing the federal campaign finance law.

Department of Education

Administering educational policies to the states and promoting research on education.

First Continental Congress

Adopted a resolution to the Coercive Acts (Intolerable Acts) and a Declaration of Rights and Resolves that would give the colonists rights

Earned Income Tax Credit

Also known as the EITC, a refundable federal income tax credit for low- to moderate-income working individuals and families, even if they did not earn enough money to be required to file a tax return.

Bipartisan Campaign Reform Act of 2002

Also known as the McCain-Feingold Act. Banned soft money and reduced attack ads.

Public influence on the bureaucracy

All bureaucratic rule - making goes through a public notice and comment period with a rigid and public procedure that allows public input . often results in modifications before finalizing )

mandatory spending

All spending that does not take place through appropriations legislation. Mandatory spending includes entitlement programs, such as Social Security, Medicare, and required interest spending on the federal debt. Mandatory spending accounts for about two-thirds of all federal spending. In most cases, but not all, mandatory spending is ongoing; it occurs each year absent a change in an underlying law that provides the funding.

16th Amendment

Allows the federal government to collect income tax.

The Federal Reserve

Also called "The Fed." An independent federal agency that determines US monetary policy with the goal of stabilizing the banking system and promoting economic growth.

inferior courts

Also called lower courts, inferior courts include all US federal courts below the Supreme Court, including courts of appeals, district courts, and federal tribunals. Congress retains the power to establish inferior courts and to determine how they operate.

War Powers Act (1973)

Also called the War Powers Resolution, the War Powers Act limits the president's power to deploy US armed forces. Every president since Nixon has contested the War Powers Act as an infringement of their role as Commander in Chief of the armed forces.

discretionary authority

An agency's ability to decide whether or not to take certain courses of action when implementing existing laws (how to go about implementing it)

rulemaking authority

An agency's ability to make rules that affect how programs operate, and to force states and corporations to obey these rules as if they were laws.

unanimous consent agreement

An agreement on the rules of debate for proposed legislation in the Senate that is approved by all the members

coalition

An alliance of political groups pursuing a common goal. Coalitions are meant to bridge gaps between a politician's base (someone who will consistently vote for them) and the median voter (someone who might vote for them or might not).

State of the Union

An annual presidential report required by the Constitution, conventionally delivered as a speech to Congress since 1913 and televised since 1947. The president can use the State of the Union to set their policy agenda and recommend policies to members of Congress.

John Marshall

An early, influential Chief Justice of the United States who led the Supreme Court from 1801-1835. Marshall wrote several foundational Court decisions, including Marbury v. Madison and McCulloch v. Maryland, which enhanced the power of the judicial branch and affirmed the supremacy of federal law over state law.

Keynesian Economics

An economic philosophy that encourages government spending (through the creation of jobs or the distribution of unemployment benefits) in order to promote economic growth.

single-issue group

An interest group devoted to one particular issue rather than a larger category of interests; for example, EMILY's List supports pro-choice female candidates, and the National Rifle Association (NRA) opposes gun regulations.

critical election

An election that leads to a major party realignment. After a critical election, a number of key supporters of one party (for example, southern white voters) switch to the other party.

midterm election

An election that takes place in the middle of a presidential term. Midterm elections tend to have much lower voter turnout than presidential elections and often result in the loss of congressional seats for the president's party.

presidential election

An election where candidates vie for the office of President of the United States. Held every four years, presidential elections tend to have a much higher voter turnout than midterm elections.

proportional system

An electoral system in which legislative seats are awarded in proportion to the percentage of votes garnered by a party in an election. This system is common in Europe and benefits minor political parties, who may win a small number of legislative seats even if a mainstream party wins most seats.

two-party system

An electoral system in which two major parties dominate voting at all levels of government.

single executive

An executive branch led by a single person.

pocket veto

An indirect veto, which the president can use by neither signing or vetoing a bill passed by Congress fewer than 10 days before it adjourns.

Party identification

An individual's sense of loyalty to a specific political party.

What's the difference between an iron triangle and an issue network?

An iron triangle is a relationship between a congressional committee or subcommittee, an interest group, and a bureaucratic agency, all of whom share common policy interests. Issue networks can be broader and include the media and other groups.

Valence issue

An issue most voters will agree with, such as economic prosperity or caring for the elderly.

Position issue

An issue that divides voters, such as gun control or the death penalty.

concurring opinion

An opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning.

Writ of Certiorari

An order by a higher court directing a lower court to send up a case for review (decided by rule of 4)

National Organization for Women (NOW)

An organization founded in 1960 with the goal of advancing the rights of women through legislative and legal challenges to sex discrimination.

Article III

Article III of the US Constitution establishes the judicial branch of US government. It explicitly creates one Supreme Court, but gives Congress the power to create all other inferior courts. Article III guarantees judicial independence by granting lifetime appointments for justices and preventing Congress from lowering the salaries of sitting justices.

Equality

As a political value, the idea that all people are of equal worth.

Chief administrator

As chief administrator, the President is in charge of the executive branch of the federal government. This branch employs more than 2.7 billion people.

Chief legislator

As chief legislator, the President shapes public policy. The president may suggest, request, and insist that Congress enact laws he believes are needed. Sometimes, Congress does not agree with the President and decides against Legislation.

Shifting Population

As people move and the population of an area changes, the number of representatives the area has will change as well.

Betty Friedan

Author of The Feminine Mystique, a 1963 book that raised concerns about the status of women in society and fueled the women's rights movement of the 1960s and 1970s. Friedan became the first president of the National Organization for Women.

Similarities and differences between the House and the Senate: Powers

Both Houses of Congress have different enumerated powers (those explicitly stated in the Constitution) as well as implicit powers (not stated in the Constitution but assumed in order to carry out enumerated powers).

Compliance monitoring

Bureaucratic agencies conduct compliance monitoring : -Conducting audits / inspections -Checking permits and certifications -Reporting on local governments / businesses compliance Ex .: -A new international pipeline would go through the EPA's : ✓ Waste management regulations Conservations ✓ Natural resource limitations -Bureaucratic agencies make sure that state and local governments, as well as the people and organizations under their jurisdiction, are following the appropriate rules and regulations. The time and energy it takes to ensure compliance can limit a bureaucratic agency's ability to implement policy. -State and local agencies have their own ideas about how best to implement policy in their jurisdiction. This can cause conflict between state and local agencies and the federal bureaucracy and force the federal bureaucracy to spend time and resources ensuring that state and local agencies are complying with the rules and regulations that the federal bureaucracy sets.

Lifecycle Effects

Changes over the course of an individual's lifetime, which affect their political attitudes and participation; as individuals develop from young people to adults to senior citizens, their concerns and values change

individual liberties

Constitutionally-established rights and freedoms protected by law from interference by the government

Chief of state

Chief of state refers to the President as the head of the government. He is the symbol of all the people. In the United States the President also rules over the government. In many countries, the chief of state reigns over government but does not rule. Examples of this can be found in England, Denmark, Japan, Italy, and Germany.

Martin Luther King, Jr.

Civil rights activist and religious leader whose nonviolent protests helped bring about desegregation and equal protection legislation for African Americans. He delivered the "I Have a Dream" speech at the March on Washington for Jobs and Freedom in 1963.

Communitarian

Communitarians tend to support legislation that emphasizes the needs of communities over the rights of the individual. They are likely to be economically liberal, but socially conservative.

majority-minority districts

Congressional districts with boundaries set so that the majority of voters are from one minority group. The aim of creating districts in this way is to make it easier for citizens of a racial or ethnic minority to elect a representative who reflects their concerns, and to prevent their collective votes from being diluted when spread across several different districts.

Congressional oversight

Congressional oversight refers to oversight by the United States Congress of the Executive Branch, including the numerous U.S. federal agencies. Congressional oversight refers to the review, monitoring, and supervision of federal agencies, programs, activities, and policy implementation. (doesn't occur unless needed?) Congress's oversight authority derives from its implied powers in the Constitution, public laws, and House and Senate rules. It is an integral part of the American system of checks and balances. Congress could not reasonably or responsibly exercise these powers without knowing what the executive was doing; how programs were being administered, by whom, and at what cost; and whether officials were obeying the law and complying with legislative intent. Oversight also is derived from the many and varied express powers of the Congress in the Constitution. Congress could not reasonably exercise its powers without knowing what the executive was doing; how programs were being administered, by whom, and at what cost. congressional oversight: Congressional oversight refers to oversight by the United States Congress of the Executive Branch, including the numerous U.S. federal agencies.

Conservative ideology

Conservatives tend to believe that government should be small, operating mainly at the state or local level. They favor minimal government interference in the economy and prefer private sector-based solutions to problems. "Social conservatives" believe that government should uphold traditional morality, and therefore should impose restrictions on contraception, abortion, and same-sex marriage. Conservatives are said to fall on the "right wing" of the axis of political beliefs, a convention that dates from the place where conservatives sat in assembly during the French Revolution.

Similarities and differences between the House and the Senate: Debate procedures

Debate procedures are typically less formal in the smaller Senate compared to those of the larger House of Representatives. Shorter term-lengths in the House can make representatives more sensitive to constituent concerns than Senators, and less likely to form bipartisan coalitions in support of legislation as a result.

investigative journalism

Deep, original investigation on a specific topic, often conducted over a long period of time and sometimes involving the exposure of secret information.

"penumbra" of privacy

Derived from the Latin for "partial shadow." The Supreme Court has ruled that several amendments in the Bill of Rights cast a "penumbra" of the right to privacy, although the right to privacy itself is never explicitly named. For example, the Court has interpreted that the Fourth Amendment right of the people to be secure in their houses from unreasonable searches and seizures implies a right to privacy in the home.

Article III (Jump)

Describes the Judicial Branch and the Supreme Court's power to settle disputes between states and the government and determine what the Constitution meant

Fedaralism

Division of powers between national, state, and local governments -In a federal system, sovereignty is shared by the national (federal) and state governments -The relationship between the states and national government is dynamic because it has changed over time -Multiple access points offers more opportunities for political participation -States can make policy specific to their individual needs -States can make make policy in the absence of national consensus -The federal government can establish uniform policy when necessary -States can experiment with new policies and other states and the national government can observe the effects and choose whether to reject or implement a similar policy -Tougher for the national government to make unified policies -At times states' rights may be used to perpetuate discrimination

rational voting

Economic model of voting wherein citizens weigh the benefits of voting against the costs in order to take the most personally beneficial course of action

Social Welfare

Entitlement programs such as Social Security and programs such as Aid to Dependent Children paid for by the federal government. After the 1994 elections, the Republican-controlled Congress passed two major bills designed to reform welfare, but they were vetoed by Clinton. PRWORA granted states greater latitude in administering social welfare programs, and implemented new requirements on welfare recipients, including a five-year lifetime limit on benefits.

Balance of power between the national and state governments

Examples of this can be seen with the Defense of Marriage Act of 1996 and state marriage laws (ruled unconstitutional under the due process clause and allowed same sex marriage to be regulated amongst the states instead of federally in 2013) and the Violence Against Women Act of 1994 and United States v. Morrison (2000) (ruled that the federal government overstepped their power by using the commerce clause to determine things that didn't necessarily have to do with interstate commerce (rape lawsuits))

Generational Effects

Experiences shared by a group of people who came of age together (generational cohorts, such as baby boomers or millennials) that affect their political attitudes; wars and economic recessions that hit one generation particularly hard have lasting effects on the political attitudes of that generation as its members progress through life

judicial independence

Factors that prevent members of the legislative and executive branches from influencing Supreme Court justices, including lifetime appointments for justices and a ban on salary decreases for sitting justices.

Dual federalism

Federal and state governments are each supreme in their own sphere; their powers do not overlap

Block grants

Federal grants issued to states or local governments to support broad programs (liked by the states)

Medicaid

Federal program that provides medical benefits for low-income persons.

Oligarchy

Few people rule in their own interest. Your class/wealth/social status/military position/achievements determines how powerful in government you are

Chief citizen

Finally, the President is chief citizen. This means the President should represent all of the people of the United States. Citizens expect the President to work for their interests and provide moral leadership.

Presidential ideology's influence on the bureaucracy

For non - civil service appointees , Presidents tend to choose ideologically compatible senior bureaucrats The bureaucracy tends to align with administration's policy goals .

Why are some presidential powers "formal," while others are "informal"? What's the difference between these two types of power?

Formal powers are those powers explicitly granted to the president in Article II of the US Constitution. Informal powers are not stated in the Constitution; presidents have claimed these powers as necessary for executing the law.

Thurgood Marshall

Founder and first executive director of the NAACP's Legal Defense and Educational Fund, which pursued a strategy of legal challenges to segregation on the basis of the equal protection clause. Marshall successfully argued Brown v. Board of Education of Topeka (1954) and later became the first African American Supreme Court justice.

Personal liberty

Freedom to engage in a variety of practices without governmental interference or discrimination

THE GOVERNMENT CORPORATIONS

Government corporations are a blend of private corporations and government agency. They were created to allow more freedom and flexibility than exists in regular government agencies. They have more control over their budgets, and often have the right to decide how to use their own earnings. Since the government still ultimately controls them, they do not operate like true private corporations.

Fiscal Policy

Government decisions about how to influence the economy by taxing and spending. (need to know)

Monetary Policy

Government decisions about how to influence the economy using control of the money supply and interest rates.

Limited government

Government doesn't have the absolute power to do anything it wants to (Constitution limits it)

Public Opinion

How people feel about issues, candidates, and public officials. Polls are a common way to measure public opinion.

Public Opinion

If there is broad public support for a Presidential topic, the President will feel more inclined to implement an executive order putting this into place. This could lessen controversial laws from being ordered out.

What is one power unique to the Senate, and why is the Senate responsible for carrying out that power?

Impeachment trials happen in the Senate. This is because each state has an equal number of representatives in the Senate, which gives states ultimate power over the presidency.

Supply-Side econmics

In economics, the theory that investment incentives such as lowered federal spending/regulation and tax cuts will stimulate economic growth and increased employment.

Commander in chief

In addition, the Constitution makes the President the commander in chief of the armed forces. This power gives the President direct and immediate control of the military.

Committees of Correspondence

Informed the public of developments with the British and turn them against them

patronage

In the federal bureaucracy, the practice of hiring and promoting individuals based on their political support for a party or candidate rather than on their merit. Also called the spoils system.

merit system

In the federal bureaucracy, the practice of hiring and promoting individuals based on their qualifications and job performance.

direct lobbying

Interest groups' attempts to influence policy by speaking directly with bureaucrats or elected officials.

inside strategies

Interest groups' attempts to influence policy by working within Washington DC. This includes strategies like direct lobbying, drafting pieces of legislation for elected officials, and suing the government.

outside strategies

Interest groups' attempts to influence policy outside of Washington DC, by using strategies like campaign contributions, media coverage, or encouraging constituents to contact their elected officials.

Biased questions

It's tough for questions to be truly unbiased, but questions framed to portray candidates or policies in a positive or negative light can strongly influence responses.

Natural rights

John Locke said defined these as life, liberty, and property (or the pursuit of happiness as it says in the Declaration of Independence) (cannot be given so they cannot be taken away)

Judicial Checks on the Bureaucracy

Judicial Review: -Rule on the constitutionality of rules / regulations -Rule on constitutionality of bureaucrats ' actions . Due Process -Hear litigation from individuals damaged by a bureaucratic action -Determine if the agency acted arbitrarily and capriciously Separation of Powers / Check and Balances -Determine if the agency overstepped delegated authority

Politico

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

Lazy Elephants Jump Seldom And Sit Regularly

Legislative, executive, judicial, states, amending, supremacy clause, ratification

obscenity

Lewd or sexual art or publications. Although the Court has struggled to define what constitutes obscenity, it has upheld restrictions on materials that "to the average person applying contemporary community standards" depict offensive or sexual conduct and lack literary or artistic merit.

Period effects

Major events and social trends that affect the political attitudes of the entire population. For example, the terrorist attacks on September 11 and the Watergate scandal had lasting effects on the political attitudes of those who lived through them

Department of Transportation

Managing highways, rails, and air travel.

Stamp Act Congress

Meeting of representatives of 9/13 colonies in NYC in 1765 where the rights of the colonists were discussed and they expressed interest in remaining loyal to the king but that they should not be taxed by Parliament without colonial representation which the British thought was unnecessary

Nationalist

Nationalists tend to promote the interests of their nation, and often believe in the superiority of their nation over others.

secular

Nonreligious or unaffiliated with religion.

Democratic party

One of the two main political parties in the United States. Founded in 1828 by supporters of Andrew Jackson, the Democratic Party is the world's oldest active political party. Although its platform has transformed many times over the years, today the core values of the Democratic Party align with liberal ideology.

Republican party

One of the two main political parties in the United States. Founded in 1854 by anti-slavery activists, the Republican Party's platform has also transformed over the years to address issues of concern to its constituents. Today, the core values of the Republican Party align with conservative ideology

INDEPENDENT EXECUTIVE AGENCIES

Other agencies that do not fall into the first three categories are called independent executive agencies. Independent agencies closely resemble Cabinet departments, but they are smaller and less complex. Generally, they have narrower areas of responsibility than do cabinet departments. Most of these agencies are subject to presidential control and are independent only in the sense that they are not part of a department. Their main function is not to regulate, but to fulfill a myriad of other administrative responsibilities.

Participatory movements vs. pluralistic

Participatory movements that apply pressure to advocate for change get moved to every branch of government (congress (laws), SCOTUS, state governments, electoral pressure)

Twenty-Second Amendment

Passed in 1951, the amendment that limits presidents to two terms of office.

Income Transfers

Payments to individuals for which no current goods or services are exchanged, such as Social Security, welfare, and unemployment benefits.

Benchmark Poll

Polls conducted by a campaign as a race for office begins. These polls provide the campaign with a basis for comparison for later polls, so that the candidate can see if their likelihood of winning the office is increasing or decreasing.

Why did 2016 election polls miss their mark?

Polls underestimated Trump's level of support. The traditional telephone polls of recent decades are now joined by increasing numbers of high profile, online probability and nonprobability sample surveys, as well as prediction markets, all of which showed similar errors. Nonresponse bias occurred, which is when certain kinds of people systematically do not respond to surveys despite equal opportunity outreach to all parts of the electorate. Some have also suggested that many of those who were polled simply were not honest about whom they intended to vote for. It was also difficult for pollsters to identify likely voters.

informal powers

Powers claimed by presidents as necessary in order to execute the law. Examples include issuing executive orders and negotiating executive agreements.

informal powers of the President

Powers claimed by presidents as necessary in order to execute the law. Examples include issuing executive orders and negotiating executive agreements.

formal powers

Powers expressly granted to the president under Article II of the Constitution. Examples include making treaties, commanding the military, appointing Supreme Court justices, and vetoing legislation.

formal powers of the President

Powers expressly granted to the president under Article II of the Constitution. Examples include making treaties, commanding the military, appointing Supreme Court justices, and vetoing legislation.

nondenominational prayer

Prayer that does not advocate the beliefs of a specific religion but that acknowledges the existence of a divine being.

War on Poverty

President Lyndon B. Johnson's program in the 1960's to provide greater social services for the poor and elderly.

Presidential authority's influence on the bureaucracy

President can issue executive orders instructing an agency to take , or refrain from taking . specific action ( though subject to judicial review ) The bureaucracy tends to align with the administration's policy actions

How technology has changed presidential communication

Presidents have leveraged changes in communication technology to enhance their power by appealing directly to the American public. For example, Franklin D. Roosevelt broadcast his fireside chats over the radio, keeping the public informed of his policy goals aimed at righting the economy after the Great Depression. In the twenty-first century, presidents have used social media to reach large audiences of Americans and to respond rapidly to political issues.

party-line voting

Process in which voters select candidates by their party affiliation

Entitlement Program

Programs such as unemployment insurance, disaster relief, or disability payments that provide benefits to all eligible citizens.

Department of Veterans Affairs

Promoting the welfare of armed services veterans and managing VA hospitals.

Article VIII (Regularly)

Ratification

Government intervention

Regulatory actions taken in order to affect decisions made by individuals, groups, or organizations regarding social and economic matters.

Lack of transparency in methods

Reliable polls publish the methods by which researchers collected the data. Without this information, it's impossible to judge whether the researchers followed scientific procedures.

What is one power unique to the House of Representatives, and why is the House responsible for carrying out that power?

Revenue bills must originate in the House of Representatives. This is because representatives are more responsive to their constituents, who care deeply about how the federal government spends tax dollars.

Totalitarianism

Ruling by tyranny, where tyrants rule to benefit themselves. The leader has unlimited power and the inhabitants have no rights

Improper sampling techniques

Samples should be random, otherwise poll results might not accurately represent the target population.

lobbying

Seeking to influence a public official on an issue; an interest group with a particular agenda may be known as its "lobby," for example "the tobacco lobby."

holds

Senators have power to place HOLD - Indication of disapproval for a bill, strong hesitation will likely lead to a filibuster, a hold allows Senators to be informed of any change in status or action on a bill or confirmation, holds can usually be very powerful/influential, if there are 60 votes: Holds won't stick.

Demographic characteristics

Socioeconomic characteristics of a population, including age, race, gender, religion, marital status, occupation, education level, and more. These characteristics influence how individuals tend to vote and whether they identify with a political party,

President's influence's influence on the bureaucracy

Some returning bureaucrats " serve at the pleasure of the president " Those bureaucrats tend to avoid obstructing the administration's goals .

discretionary spending

Spending that is subject to the appropriations process, whereby Congress sets a new funding level each fiscal year (which begins October 1st) for programs covered in an appropriations bill. Roughly one-third, or about $1 trillion, of the federal government's activities are funded through appropriations legislation. Most of the direct activities of the federal government, such as those of the Federal Bureau of Investigations and Department of Defense, are funded through the annual appropriations process. Almost all education programs are discretionary spending programs, except for a small number of programs such as student loans, some vocational grants, school lunch, and a few tax benefit programs.

Obergefell v. Hodges

States obligated to recognize same-sex marriage from other states.

life tenure

Supreme Court justices and federal judges have lifetime appointments, remaining in office until they retire, die, or (in rare cases) are removed by impeachment.

Direct democracy

System of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule

ideologically-oriented programming

TV and radio news programs that cater to audiences with a particular ideological perspective.

Vetting process

The FBI and the White House Staff conduct background checks on the nominee

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

The House has more formal debate procedures because it's much larger than the Senate!

Federal revenue sharing

The practice of sharing federal income tax revenue with state and local governments (no longer exists)

Democracy

The rule of many to benefit themselves (applies to any government that gives power to the people in some form)

Chief of executive

The President is also chief executive, vested by the Constitution with broad executive powers. This power is used at home on domestic issues and also extends to foreign affairs. The executive power is limited, however, by our government's system of checks and balances.

Chief of party

The President is automatically the chief of party-- the leader of the political party that controls the executive branch. Political parties are not mentioned in the Constitution, but they are an important part of government.

judicial appointments

The President of the United States appoints Supreme Court justices and federal judges. Presidents attempt to use the judicial appointment process to influence the ideology of the Court for years to come

judicial appointment

The President of the United States appoints Supreme Court justices and federal judges. Presidents attempt to use the judicial appointment process to influence the ideology of the Court for years to come.

confirmation process

The Senate must confirm nominees to the Supreme Court and the federal bench by a simple majority. When the Senate majority party opposes the president, there's a greater likelihood that judicial appointments will be blocked or rejected.

Similarities and differences between the House and the Senate: Representation and responsiveness

The Senate represents large and small states equally with two senators per state; while each state's share of the 435 representatives in the House is determined by its population. Because members of the House of Representatives have two-year term lengths, they are typically more responsive to their constituents' concerns than senators, who have six-year terms. Senators cannot ignore their constituents, however, as one-third of the Senate is up for reelection every two years.

Shaw v. Reno (1993):

The US attorney general rejected a congressional reapportionment plan from North Carolina because it created only one black-majority district. In response, North Carolina submitted a second plan creating two black-majority districts, but one of those districts was an abnormal shape. Five North Carolina residents challenged the constitutionality of that district, arguing that its only purpose was to secure the election of additional black representatives. The Supreme Court ruled that although legislative redistricting must be conscious of race and comply with the Voting Rights Act of 1965, exceeding what is reasonably necessary to avoid racial imbalances is unconstitutional, representing a violation of the equal protection clause of the Fourteenth Amendment.

judicial review

The Supreme Court's power to review whether acts of the legislative branch, the executive branch, and state governments are consistent with the Constitution, and to strike down acts it finds unconstitutional. (not bureaucratic agencies)

Twenty-second Amendment (1951)

The Twenty-second Amendment to the US Constitution applies term limits to the office of the president. Under the Twenty-second Amendment, no one may be elected president more than twice, or serve as president longer than ten years.

President of the Senate

The Vice President of the United States, who presides over the Senate's daily proceedings. Responsible for casting a vote if the Senate is in a 50-50 tie on a piece of legislation.

Sampling Error

The predicted difference between the average opinion expressed by survey respondents and the average opinion in the population; also called the margin of error. As the sample size increases, the margin of error decreases. Reliable sources disclose this number

defamation

The act of damaging someone's reputation by making false statements. Defamation through a printed medium is called libel, while spoken defamation is called slander.

libel

The act of damaging someone's reputation by printing false statements. Although ordinary citizens can sue for libel based on false statements alone, public persons or officials must also prove that the false statements were made with malicious intent.

Free Enterprise

The belief in the right to compete freely in a market government by supply and demand with limited government involvement.

Equality of opportunity

The belief that each person should have the same opportunities to advance in society.

the "colorblind" Constitution

The belief that the Constitution protects citizens of all races equally, and that additional measures such as affirmative action are unnecessary.

Ideology

The beliefs and ideas that help to shape political opinion and policy.

Internal Revenue Service (IRS)

The branch of the U.S. Treasury Department in charge of collecting taxes.

House Rules Committee

The committee responsible for scheduling and managing the flow of legislation on the floor of the House of Representatives in order to make the process more efficient and manageable. The committee can also make it easier or more difficult for a bill to pass depending on the rules they create. Influences the introduction and process of legislation through the House.

Federalists

Those who favored the new constitution and a strong national government

Chief diplomat

The president is also the nation's chief diplomat, the main author of American foreign policy. Everything the President says and does is closely followed, both at home and in other countries.

veto

The president's constitutional right to reject a law passed by Congress. Congress may override the president's veto with a two-thirds vote, so the President wouldn't use it if the opposing party held a supermajority

Speaker of the House

The presiding officer of the House of Representatives and de facto leader of the majority party. Assigns members to committees, manages the rules committee, and assigns those committees specific legislation.

Individualism

The principle of valuing individual rights over those of the government, with a strong emphasis on individual initiative and responsibility.

Political equality

The principle that all citizens are the same in the eyes of the law

Rule of Law

The principle that government is based on a body of law applied equally and fairly to every citizen, not on the whims of those in charge, and that no one is above the law, including the government.

Popular consent

The principle that governments must draw their powers from the consent of the governed and is very important to American democracy

American political culture

The values that influence individuals' attitudes and beliefs about the relationship between citizens and the federal government.

salience

The degree to which the general public is aware of a policy issue. Policymakers are less likely to accommodate the demands of interest groups on issues with high salience, like gun rights or abortion rights, as they risk alienating voters.

media consolidation

The process by which a few large companies have acquired the majority of news sources in the United States. Today, six companies (CBS, Comcast, Disney, News Corporation, Time Warner, and Viacom) control 90% of American media outlets.

Political Socialization

The process by which a person develops political values and beliefs, including through interactions with family, friends, school, religious and civic groups, and the media. Family is the most influential

dealignment

The process by which an individual loses his or her loyalty to a political party without developing loyalty to another party.

Sampling technique

The process by which pollsters select respondents to a survey or the sample population for a poll.

Liberal ideology

The definition of liberalism has changed over time, but modern-day liberals tend to believe that government should intervene in the economy and provide a broad range of social services to ensure well-being and equality across society. Liberals usually believe that the government should not regulate private sexual or social behaviors. They are said to fall on the "left wing" of the axis of political beliefs, a convention that dates from the place where supporters of the revolution sat in assembly during the French Revolution.

Differences between equal protection and due process

The differences between due process and equal protection are that due process: • Protects traditional practices against short-term majorities • Looks backward • Looks at either process or substance of law and equal protection: • Protects disadvantaged groups from discrimination, new and old • Looks forward • Invalidates discriminatory practices

differences between strict constructionists and loose constructionists

The differences between strict constructionists and loose constructionists are that strict constructionists want to look at the original meaning of the constitution while loose constructionists view the constitution in the eyes of a modern person to see how society has evolved.

Feminization of Poverty

The increasing concentration of poverty among women, especially unmarried women and their children.

Competing policymaking interests

The interactions between the branches are complex by design. Congress, the executive branch (including the bureaucracy), and the judiciary must both compete and cooperate in order to enact policy. The implementation process is likewise difficult, as each branch must struggle to maintain the accountability of a vast federal bureaucracy charged with putting policy into action.

Why is the federal bureaucracy necessary? What role does it play in the policymaking process?

The federal bureaucracy is the part of the US government that carries out policy. After Congress passes bills and the president signs them, it's up to bureaucratic agencies to implement and enforce policy.

jurisdiction

The field of authority a court has to make legal judgments and decisions.

Green Party

The fourth-largest party in the United States. Founded in 2001, the Green Party favors a strong federal government. Its candidates often run on a platform of grassroots democracy, nonviolence, social justice, and environmentalism.

Sample

The group of people a researcher surveys to gauge the whole population's opinion. Researchers study samples because it's impossible to interview everyone in a population.

Globalization

The growth of an interconnected world economy and culture, fueled by lowered trade barriers between nations and advances in communications technology. Globalization has influenced American politics by increasing the extent to which the United States influences, and is influenced by, the values of other countries,

Court of last resort

The highest appellate court in the state or federal system

Judicial Branch

The judicial branch also demonstrates the importance of separation of powers, as lifetime appointments for justices and bans on salary decreases for sitting justices ensure the judicial branch's independence from the interference of the other two branches.

"media as a gatekeeper"

The media's role in setting the political agenda by drawing public and government attention to certain issues. -In its "gatekeeper" role, the media has a significant influence on the issues that citizens know and care about, which may drive subsequent government action to address those issues through policy -By publishing polls, the media is telling the government who the public supports and indicating which policy stances might be important to voters.

What impact does the merit system have on the effectiveness of the bureaucracy?

The merit system makes the bureaucracy more effective, because experts and career civil servants develop and implement policy, rather than patronage appointees (who received roles based on political or financial support of the president's party).

Mass survey

The most common type of survey; a way to measure public opinion by interviewing a large sample of the population.

Popular sovereignty

The notion that the ultimate authority in society rests with the people (based in natural law)

civil service

The permanent, professional branches of government administration. The civil service is nonpartisan and its employees are hired and promoted based on merit rather than patronage. The 10 percent of federal employees not covered by the civil service system tend to fall into one of these three categories: • presidential appointees • independent regulatory commissioners, and • low-level, non-policy patronage positions, which generally are secretarial assistants. -Hatch Act (1939): Political activities of bureaucrats are limited Civil Service Reform Act (1978): o Abolished the U.S. Civil Service Commission o Created the OPM (Office of Personnel Management) to provide guidance to agencies of the executive branch

probable cause

The requirements to justify "probable cause" to justify search and seizure are: -Filed in good faith -Based on reliable information -Issued by neutral magistrate -Specifying place and items to be searched

Large or unreported sampling error

The results from a sample won't exactly represent a population. This is called sampling error, and the likely size of the error is called the margin of error. Researchers should report their poll's margin of error. If a poll reports that 58% of Americans prefer a candidate, but the margin of error is 10%, researchers should not conclude that the majority of Americans prefer the candidate (since the true percentage could be as little as 48%). A normal one should around 3%-5%

right to an impartial jury

The right to an impartial jury means that the defendant has the right to face a jury that is not likely to have an opinion about the case already formed; protected under the Sixth Amendment.

Right to privacy

The right to be free of government scrutiny into one's private beliefs and behavior.

right to legal counsel

The right to have the assistance of a lawyer; protected under the Sixth Amendment.

right to speedy and public trial

The right to speedy and public trial protects a defendant from having a long delay between being arrested and facing trial; protected under the Sixth Amendment.

6th amendment

The rights protected in the 6th amendment are: -Right of counsel (despite economic status and criminal accusations, Gideon v. Wainwright) -Public and Speedy Trial (speedy trial: inconsistent enforcement due to all manner of trial procedures, public trial: much more consistently enforced) -Compulsion of Witness (accused can cross examine witnesses and present witnesses in one's defense, accused can be present in courtroom during trial) -Impartial Jury (requires a fair cross section of community, requires unanimous verdict for non-capital convictions)

Minority-Majority

The situation, likely beginning in the mid-twenty-first century, in which the non-Hispanic whites will represent a minority of the U.S. population and minority groups together will represent a majority.

Small sample size

The smaller the sample size, the larger the margin of error. A survey of ten people is unlikely to turn up results consistent with the preferences of the entire population of the United States. Mass surveys usually have a sample size of at least 1000 individuals.

Policy agendas

The things Presidents promise voters that they will attempt to accomplish while in office. They use their formal and informal powers to accomplish their policy agendas.

Libertarian party, libertarian ideology

The third-largest party in the United States. Founded in 1971 by people who felt that the Republican and Democratic parties no longer represented the libertarian intentions of the Founders; libertarians favor limited government intervention in personal, social, and economic issues.

pork barrel legislation

The use of federal funding to finance localized projects, typically bringing money into a representative's district in order to please constituents and boost the representative's chances of winning reelection.

framing

The way the media defines and portrays an issue, which affects public perception of that issue.

agenda-setting

The way the media influences what issues the public considers important enough to address through the government.

American Political Culture

The widely shared beliefs, values, and norms about how citizens relate to governments and to one another. Social capital. Democratic and civic habits of discussion, compromise, and respect for differences, which grow out of participation in voluntary organizations.

bully pulpit

Theodore Roosevelt's notion of the presidency as a platform from which the president could promote an agenda directly to the public to pass onto their representatives (not congress, thats state of the union)

DREAM Act (Development, Relief, and Education for Alien Minors)

This legislation would provided illegal immigrants who came to the US when they were under the age of 16 graduate from American high schools with a conditional path to citizenship if they spend two years in college or do military service.

General Welfare Clause

This permits Congress to create any tax and spend money on any program which they believe will serve the general welfare of the citizens of the various states. There is one crucial limitation: While Congress may tax and spend for the general welfare, it may not merely pass laws aimed to serve the general welfare. Congress passes a law banning the manufacture, sale, possession or use of cigarettes in any state. The law would exceed Congressional authority under the General Welfare Clause and would be struck down as an unconstitutional exercise of power. Congress decides to impose a $10 per pack tax on cigarettes and to spend the proceeds on tobacco education and cancer research. The laws imposing the tax and establishing the educational and research programs would be valid under the General Welfare Clause.

Devolution

Transferring responsibility for policies from the federal government to state and local governments (new federalism)

constituents

Voters in a legislative district.

prospective voting

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

retrospective voting

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

Bandwagon Effect

When people join a cause because it seems popular or support a candidate who is leading in the polls.

How the president communicates to the national constituency and Congress

When setting a policy agenda, presidents have taken advantage of contemporary technology and social media to influence the national constituency, promoting presidential policy goals via the president's bully pulpit. The State of the Union is an opportunity for presidents to inform Congress and the American public of policy goals, and to signal which legislation they may veto.

logrolling

When two legislators agree to trade votes for each other's benefit.

hate speech

Written or spoken communication that belittles a group based on its characteristics, such as race, gender, or sexual orientation.

Silent Generation (1925-1945)

Witnessed the defeat of Communism and the Vietnam war and the Reagan presidency causing a shift to the republican party. The Great Depression shifted a lot of Republicans to the Democratic party.

Formative age

Young adulthood, between ages 18 and 24, when many people form long-lasting political attitudes.

Total incorporation

a doctrine that applies all the guarantees of the Bill of Rights to the state level without exception; this doctrine has never been adopted by a Supreme Court majority opinion, although several dissenting justices have advocated for it

Amnesty

a general pardon for an offense against a government; in general, any act of forgiveness or absolution.

Consumer Price Index (CPI)

a measure of the overall cost of the goods and services bought by a typical consumer.

Approval Ratings

a measurement of how popular, or unpopular, a leader or program is among the public.

Party convention

a meeting of delegates from one political parties to vote on policy and select party candidates for public office

Populist

a member or adherent of a political party seeking to represent the interests of ordinary people.

Political Culture

a patterned and sustained way of thinking about how political and economic life ought to be carried out.

Random Digit Dialing

a polling method in which respondents are selected at random from a list of 10-digit telephone numbers, with every effort made to avoid bias in the construction of the sample.

Push Poll

a polling technique in which the questions are designed to shape or manipulate the respondent's answers.

Closed primary

a primary election limited to registered members of a political party; for example, in a state with closed primaries, only registered Democrats can vote in the Democratic primary to choose candidates for local, state, and national office (used for presidential and congressional elections)

Liberty

a right or privilege, especially a statutory one.

majority opinion

a statement that presents the views of the majority of supreme court justices regarding a case

Proportional (flat) Tax

a tax in which people pay an identical rate regardless of income or economic transaction.

Capitalism (Free Market)

an economic system in which the people, not the government, decide what will be produced, how much of it will be produced, and at what price it will be sold.

Command Economy

an economy in which production, investment, prices, and incomes are determined centrally by a government.

AMA (American Medical Association)

doctors who considered themselves trained professionals formed this association organized into a national professional society, called for strict scientific standards in practicing medicine. -concerns medical practice and education -enhance health care and make health care costs affordable through lobbying and litigation

Means-Tested Program

income security program intended to assist those whose incomes fall below a certain level.

Mixed Economy

market-based economic system with limited government involvement.

Spring-summer before election year

most serious candidates declare their intention to run for president

Summer, election year

parties hold national conventions to formally nominate their presidential and vice presidential candidates, typically choosing the candidate with the most votes from state primaries and caucuses

Baby Boomers

people born between 1946 and 1964.

Indirect democracy

people vote for representatives who work on their behalf

TANF (Temporary Assistance for Needy Families)

program provides temporary financial assistance for pregnant women and families with one or more dependent children.

CHIPS (Children's Health Insurance Program)

provides health care to uninsured children who do not qualify for Medicaid but make to little to afford private health insurance.

January-June, election year

states hold primaries and caucuses to vote for party nominees

Patient's Bill of Rights

summary of a patient's rights regarding fair treatment and appropriate information.

December, election year

the Electoral College takes place at which the president and vice president are formally elected

Policy Agenda

the list of issues that the federal government pays attention to.

Prime Rate (discount rate)

the lowest rate of interest at which money may be borrowed commercially.

Melting Pot

the mixing of cultures, ideas, and peoples that has changed the American nation. The United States, with its history of immigration, has often been called a melting pot.

November, election year

the presidential election takes place on the Tuesday following the first Monday in November

Incrementalism

the process of incorporating specific rights and provisions of the Bill of Rights to the state level on a case-by-case basis; compare to total incorporation

Unemployment

the state of being unemployed or not having a job.

Social Desirability Bias

the tendency for people to say what they believe is appropriate or acceptable.

Popular vote

the total or percentage of votes won by each candidate

Patient Protection and Affordable Care Act (2010)

• Requires individuals not covered by employer or government health insurance to purchase insurance or pay a penalty. • Creates Pre-Existing Condition Insurance Plan for those individuals who had been denied coverage due to pre-existing conditions. • Allows parents to keep their children on their plan until age 26. • Creates insurance exchanges for individuals and employers.