"We the People" Midterm (Ch. 1-7)
Campaign finance
(FEC) Federal Election Commission regulate financial sources and writes the rules and enforces them to regulate money in campaigns
Shelley v. Kraemer
Court ruled against the widespread practice of "restrictive covenants" whereby the seller of a home added a clause to the sales contract requiring the buyer to agree never to sell the home to any non-Caucasian, non-Christian, and so on.
Franklin v. Gwinnett County Public Schools
Court ruled that monetary damages could be awarded for gender discrimination and opened the door for more legal action in the area of education; the greatest impacts being in the areas of sexual harassment and equal treatment in women's athletic programs.
Intermediate Scrutiny
A test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the challengers to show that the law in question is unconstitutional.
Strict Scrutiny
A test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather on the challengers to show that the law in question is constitutional.
Parliament
British legislature which consists of 2 houses: House of Lords, which once represented the nobility, and the House of Commons, which formally represents the common people. Most members of the House of Lords are appointed for life by the government of the day and are not members of the hereditary aristocracy, who once dominated it. (Ch 1)
Mendez v. Westminster
Challenged segregation of Mexican American students in California and was an important precursor to later school segregation cases.
liberty
Freedom from government control.
De Jure
Literally, "by law"; refers to legally enforced practices, such as school segregation in the South before the 1960s.
Third Parties
Parties that organize to compete against the two major American political parties.
social contract theory
Presumption of an imaginary or actual agreement among people to set up a government and obey its laws. The theory was developed by the English natural rights philosopher John Locke, among others, to explain the origin of legitimate government. (Ch 2)
Suffrage
The right to vote; also called Franchise
grand jury
jury that determines whether sufficient evidence is available to justify a trial (do not rule on guilty or not guilty)
new federalism
attempts by presidents Nixon and Reagan to return power to the states through block grants
concurrent powers
authority possessed by state and national governments, such as power to levy taxes
political culture
broadly shared values, beliefs, and attitudes about how the government should function (liberty, equality, democracy)
direct democracy
citizens vote directly on laws and policies
Electoral college
del
popular sovereignty
placing power in the hands of the people (government is created and sustained by the consent of its people, through their elected representatives)
police power
power reserved to the state government to regulate the health, safety, and morals to its citizens.
representative democracy (republic)
system of government in which the populace selects representatives
states rights
the principle that the states should oppose the increasing authority of the national government: this principle was most popular in the period before the Civil War
political socialization
the process by which a society's political culture is passed from one generation to the next
unfunded mandates
regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government
barriers toward third parties
single member districts and first past the post vs. multimember districts and proportional representation
Expressed powers
specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II)
fighting words
speech that directly incites damaging conduct`
7th Amendment
Limits on Courts: Right to a trial jury.
political ideology
A consitsent pattern of beliefs about political values and the role of government.
gender gap
A distinctive pattern of voting behavior reflecting the differences in views between women and men.
writ of assistance
A document giving a governmental authority the power to search and seize property without restrictions. Abolished in American law, the use of such writs by the British government was a major issue during some phases of the American Revolution. (Ch 6)
probability sampling
A method used by pollsters to select a representative sample in which every individual in the population has an equal probability of being selected as a respondent.
constituent
A person represented by an elected official (Ch 5)
indentured servant
A person who voluntarily sold his or her labor for a set period of time in return for the cost of passage to the American colonies. Indentured servants provided the most important source of labor in the colonies in the seventeenth century and for a large part of the eighteenth century. (Ch 5)
Gross v. FBL Financial Services
A setback; Court ruled that a 54-year-old employee who had challenged his demotion on the grounds of age discrimination would have to show that this action was a direct result of discrimination.
Bandwagon effect
A shift in electoral support to the candidate whom public opinion polls report as the front-runner.
Confederation
A system of government in which states retain sovereign authority except for the powers expressly delegated to the national government. Member states can leave a confederation at any time. The United States was a confederation from 1776 to 1789.
legislative supremacy
A system of government in which the legislative branch has ultimate power. Parliamentary government is such a system. (Ch 7)
charter
A written document from a government or ruler that grants certain rights to an individual, group, organization, or to people in general. In colonial times, a charter granted land to a person or company along with the right to found a colony on that land. (Ch 5)
written constitution
A written plan of government that sets forth the structures and powers of government. See 'constitution' (Ch 1)
methods of socialization
A. informal (symbols) -Personal, verbal, pictorial, authority B. formal -Primary school, grade school, middle school, high school, college
Parents Involved in Community Schools v. Seattle School District No. 1
By making race one factor in assigning students to schools, the cities of Seattle and Louisville had hoped to achieve greater racial balance across the public schools. The Court ruled that these plans were unconsitutional because they discriminated against white students on the basis of race.
Primary Elections
Elections to select a party's candidate for the general election.
forms of government
Aristotle's idea of 3 forms of government based on the number of people exercising power. Each has a "right" form and a "corrupt" form. The RIGHT form of government by a single person is an MONARCHY, the CORRUPT form is a TYRANNY. The right form of government by a few people is an ARISTOCRACY, the CORRUPT form is a OLIGARCHY. And the RIGHT form of government by many people is a POLITY, the corrupt form is a DEMOCRACY. (Ch 1)
commerce clause
Article I, Section 8, of the Constitution, which delegates to Congress the power "to regulate Commerce with foreign Nations, and among the several States and with the Indian Tribes"; this clause was interpreted by the Supreme Court in favor of national power over the economy
14th Amendment
Guaranteed equal protection and due process.
15th Amendment
Guaranteed voting rights for African American men.
Political Parties
Organized groups that attempt to influence the government by electing their members to important government offices.
17th Amendment
Provided direct election of senators.
25th Amendment
Provided presidential succession in case of disability.
12th Amendment
Provided separate ballot for vice president in the electoral college.
Equal Protection Clause
Provision of the 14th Amendment guaranteeing citizens "the equal protection of the laws." This clause has been the basis for the civil rights of African Americans, women, and other groups.
state of nature
The condition of people living in a situation without government; anarchy. Natural rights philosophy inquired about what rights, moral rules, or laws applied in such circumstances and what rights, if any, people retained after agreeing to leave the state of nature to form a politically organized society or state. (Ch 2)
political socialization
The induction of individuals into the political culture; the process of learning the underlying beliefs and values on which the political system is based
Minority Party
The party that holds a minority of legislative seats in either the house or the senate.
Majority Party
The party that holds the majority of legislative seats in either the house or the senate.
Turnout
The percentage of eligible individuals who actually vote.
Electoral Realignment
The point in history when a new party supplants the ruling party, becoming in turn the dominant political force; in the US, this has tended to occur roughly every 30 years.
public morality
The values and principles of right and wrong pertaining to public policies and actions. (Ch 3)
Pluralism as a fist fight
fighters are center of the fight, audience is drawn to the fight -hypothesis: 1. the outcome of every fight is determined by the extent of the audience involvement 2. the side that loses the fight will seek to socialize the outcome (bring back friends) 3. the side that wins the fight will seek to privatize the outcome (gloats about manliness, no more fighting)
Mobilize people (Functions of political parties)
Up to the parties to convince people to vote and to vote for their people
Plessy v. Ferguson
Upheld segregation and created the "separate but equal" rule, which fostered national segregation. Overt discrimination in public accommodations was common.
Limited government
a principle of constitutional government; a government whose powers are defined and limited by a constitution
prior restraint
an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship
Federal Election Campaign Act of 1971
estimates contribution limits( only so much can be contributed), authorizes corporate PAC's, authorizes public funds for presidential campaign
first agent of socialization
family - most important agent -primacy principle/structuring principle -key functions: role model, filter information -instills: political partisanship, political attitudes, religion
Bicameral
having a legislative assembly composed of two chambers or houses; distinguished from unicameral
third agent of socialization
mass media (poor socializer b/c selective perception/retention) -radio, tv, newspaper, magazine
arguments to keep the electoral collegetate
promotes campaigning and national recounts
median voter theorem
proposition predicting that when policy options can be arrayed along a single dimension, majority rule will pick the policy most preferred by the voter whose ideal policy is to the left of half of the voters and to the right of exactly half of the voters
liberty, equality, and democracy
set requirements on how government needs to rule
agents of socialization
social institutions including families and schools that help to shape individuals basic political beliefs and values. Family (most important); TV/media (growing in importance); friends/peers; and school (formal socialization). The way we develop opinions & beliefs
Party realignment and post Vietnam and civil rights era
starts with Johnson signing the acts republicans taking control
Buckley v. Valeo
struck down regulation on an individuals contribution on their own campaigning. contribution is a limit on free speech
selection bias
polling error that arises when the sample is not representative of the pop being studied, which creates errors in over representing or under representing some opinions
Effects on Divided Party Government
positive: balance of powers negative: difficult to get things done. Political gridlock
exclusionary rule
the ability of courts to exclude evidence obtained in violation of the 4th amendment
Great compromise
the agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population, but linked representation in the House of Representatives to population
political efficacy
the belief that ordinary citizens can affect what government does, that they can get government to listen to them
Seperation of powers
the division of governmental power among several institutions that must cooperate in decision-making
divine right
the idea prevalent in early modern Europe that monarchs derive their authority directly from God. Adherents to this doctrine claimed that to disobey such monarchs, to attempt to replace them, or to limit their powers is contrary to the will of God. Also known as the divine right of kings. (Ch 2)
Miranda rule
the requirement, articulated by the Supreme Court in Miranda v Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel
veto
the right of a branch of government to reject a proposed law that has been passed by another branch in an effort to delay or prevent its enactment.
due process of law
the right of every citizen against arbitrary action by national or state governments
right to privacy
the right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions
suffrage
the right to vote (Ch 5)
Federalists
those who favored a strong national government and supported the constitution proposed at the American Constitutional Convention of 1787
Antifederalists
those who favored strong state governments and a week national government and were opponents of the constitution proposed at the American Constitutional Convention of 1787
conservative
today refers to those who generally support the social and economical status quo and are suspicious of efforts to introduce new political formulae and economic arrangements, believe that a large and powerful government poses a threat to citizens freedom.
Discrimination
The use of any unreasonable and unjust criterion of exclusion.
reforms for electoral college
abolish it and move to congressional districts
consent of governed
Agreement by citizens to obey the laws and the government they create. Consent is the foundation of government's legitimacy. (Ch 2)
Wards Cove Packing Co. v. Atonio
Discriminatory Intent
16th Amendment
Established national power to tax incomes.
21st Amendment
Prohibition repealed
expressed powers
....
federal system
....
Swann v. Charlotte-Mecklenburg Board of Education
"Desegregation plans cannot be limited to the walk-in school."
magistrate
A lower-level judicial officer, usually elected in urban areas, who handles traffic violations, minor criminal offenses, and civil suits involving small amounts of money. More generally, magistrate means public official. (Ch 5)
capital crime
- A criminal offense for which the punishment, or one of the punishments, is death, capital punishment
self incrimination
- The act of implicating oneself in a crime or exposing oneself to criminal prosecution
US Patriot Act
- Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism
"actual malice"
- a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not."
interest groups assumptions
-everyone in USA belongs to interest groups -most influential interest groups arise from labor unions -equilibrium among interest groups -sometimes there's dis-equilibrium -function of government is to re-establish the equilibrium MONEY GETS YOU FAR
C. Wright Mill's elite levels
-power elites - a very small, interchangeable group of major corporation executives, top ranking military officers, and top civilian politicians -middle range - lower ranking corporate executives, lower ranking military officers, and lower ranking civilian politicians -powerless masses- "average american pursuing meaningless lives, being manipulated by the power elites"
bandwagon effect
...
federalism
...
levels of socialization
1) community - dominant values of society 2) individual - your interpretation of dominant values
problems with the Articles of Confederation
1. didn't provide for a collection of taxes 2. didn't provide for free flow of interstate commerce 3. allowed every state to coin its own money 4. contracts couldn't be enforced between states 5. Indian treaties were not binding on different states
Two party system
A political system in which only two parties have a realistic opportunity to compete effectively for control of the government.
sampling error
A polling error that arises due to small sample size
13th Amendment
Abolished slavery
political legitimacy
Acceptance by the governed that the claim to authority by those who govern is justified. In democratic societies, legitimacy is achieved only when those who govern gain power through the free consent of the governed in free and fair elections. (Ch 2)
republic
According to James Madison, a form of government that derives its powers directly or indirectly from the people, is administered by officials holding power for a limited time, and incorporates representative institutions (Ch 1)
Linkage institutions (Functions of political parties)
Are somewhat fragmented
Magna Carta
Also known as the Great Charter, King John of England agreed to this document in 1215 at the demand of his barons. The Magna Carta granted certain civil rights and liberties to English nobles and to all "freemen," such as the right to a jury of one's peers and the guarantee against loss of life, liberty, or property except in accordance with law. Some rights were guaranteed for all king's subjects, free or not free. In doing so, the Magna Carta limited power of the king, who agreed that his will could bounded by law, and became a landmark in the history of constitutional government. (Ch 4)
nation-state
As currently used, a country; the standard unit of political organization in the world. The nation-state received its name from the idea of a people, or "nation," organizing itself politically for self-rule. Many countries today, however, are composed of tow or more distinct peoples. (Ch 3)
Factors that influence vote choice
Candidates Personalities: whether we like them or not, question on basic aspects of them Retrospective Voting: voting against the one you don't like, much easier and more common Prospective Voting: voting based on what we think the candidates will do
Lawrence v. Texas
Extended the right to privacy to sexual minorities.
public opinion
Citizens' attitudes about political issues, leaders, institutions, and events
Bowers v. Hardwick
Court ruled agains a right to privacy that would protect consensual homosexual activity.
24th Amendment
Extended voting rights to all classes by abolition of poll taxes.
Griggs v. Duke Power Co.
Disparate Impact
"Separate But Equal" Rule
Doctrine that public accommodations could be segregated by race but still be considered equal.
Smith v. Allwright
Ended white-only primaries
26th Amendment
Extended voting rights to citizens aged 18 and over.
Reed v. Reed
Even with rationality, no state interest in worse treatment of women.
Judeo-Christian
Ideas, beliefs, and practices that have their historical roots in Judaism and Christianity. (Ch 3)
law of nature
In natural rights philosophy, moral rules found out by correctly applied reason or right reason, telling persons what they may and may not do in various circumstances. In philosophy, laws of nature have often referred to the rules that would prevail in the absence of man-made law. Natural law is conceived to contain standards of justice that apply to all people. (Ch 6)
20th Amendment
Named the dates and times of the presidential terms.
effects of third parties
Negative: the spoiler effect would take away votes from major candidates and parties closes to them Positive:providing a voice of people with discontent, get people to participate, watch dog function, pays attention to issues the other parties would ignore
Organize the competition (Functions of political parties)
Nominate candidates, unify the electorate, structure the vote choice
527 Committees
Nonprofit independent groups that receive and disburse funds to influence the nomination, election, or defeat of candidates; named after section 527 of the internal revenue code, which defines and provides tax exempt status for nonprofit advocacy groups.
Civil Rights
Obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens.
18th Amendment
Outlawed the sale and transportation of liquor.
precedent
Previous court decisions upon which legal issues are decided. (Ch 4)
Types of elections
Primary: totally within the party, select their candidate to run General: federal level, 2 kinds presidential(every 4 years) and Mid-term State Level Elections: recalls(need certian amount of signatures and votes) and referendum
Socioeconomic Status
Status in society based on level of education, income, and occupational prestige.
Gerrymandering
The apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group of political party.
unwritten constitution
The body of political practices developed through custom and tradition. Only three of the world's major democracies have constitutions that are not single, written documents: Britain, Israel, and New Zealand. In each of these nations, the constitution is a combination of written laws and precedents. (Ch 1)
civic virtue
The dedication of citizens to the common welfare of their community or country, even at the cost of their individual interests. This is very relevant to REPUBLICS, since citizens are responsible of the well-being of their country (Ch 2)
Electoral College
The presidential electors from each state who meet after the popular election to cast ballots for president and vice president.
Mobilization
The process by which large numbers of people are organized for a political activity.
Nomination
The process by which political parties select their candidates for election to public office.
sovereignty
The ultimate, supreme power in a state. Democratic theory states that the people as a whole are sovereign; the citizens of the United States constitute the sovereign people. (Ch 6)
Milliken v. Bradley
Tried to fix segregation in Detroit by busing kids between about 50 schools.
unitary system
a centralized government system in which lower levels of government have little power independent of the national government.
Amendment
a change added to a bill, law, or constitution
political ideology
a cohesive set of beliefs that forms a general philosophy about the role of government
habeas corpus
a court order demanding that an individual in custody be brought into to court and shown the cause for detention
Federalist papers
a series of essays written by James Madison, Alexander Hamilton, and john Jay supporting the ratification of the Constitution
attitude (or opinion)
a specific preference on a particular issue
Front Landing
moving the primary date sooner and sooner
Bill of Rights
the first 10 amendments to the Constitution, ratified in 1791; they ensure certain rights and liberties to the people
government
the formal institutions through which a land and its people are ruled
Mayflower Compact
An agreement to form a political body signed on November 21, 1620, by all adult males aboard the Mayflower before the ship landed in Plymouth, Massachusetts. The signers agreed to submit to "just and equal laws" put into effect under the compact "for the general good of the colony." (Ch 5)
Shay's rebellion
An armed revolt by Massachusetts's farmers seeking relief from debt and mortgages and foreclosures. The rebellion fueled support for amending the Articles of Confederation. (Ch 8)
1st Amendment
Limits on Congress: Freedom of religion, speech, press, assembly and petitions.
8th Amendment
Limits on Courts: Neither bail nor punishment can be excessive.
Judicial review
the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison (1803)
preemption
the principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy attack
selective incorporation
the process by which different protections in the Bill of Rights were incorporated into the 14th amendment, thus guaranteeing citizens protection from state as well as national government
general revenue sharing
the process by which one unit of government yields a portion of its tax income to another unit of government, according o an established formula; revenue sharing typically involves the national government providing money to state governments
eminent domain
the right of government to take private property for public use (for just compensation)
dual federalism
the system of government that prevailed in the United States from 1789 to 1937 in which most fundamental government powers were shared between the federal and state governments
liberal
today this term refers to those who generally support social and political reform; extensive government intervention in the economy; the expansion of federal social programs, help the shitty people.
proportional representation
two states, presidential vote, the percentage is what counts
Voter turnout level in US
very low The people either do not like the people in the election and do not participate or they feel they do not care or know enough to vote. Election process and registration is horrible to go through absentee ballots we have so many elections have a weak party system
pluralism: sources of power
wealth, knowledge, charisma, leadership abilities, communication skills
winner take all
who ever has the highest amount of votes wins
ethnocentrism
your political culture is ordained by God (nazis) and wipe out lesser races. DANGEROUS
right of revolution
The right of the sovereign people of any democratic state or regime to depose a government after it has attacked citizens' basic rights for a significant period of time. This right, espoused by English philosopher John Locke, was asserted int eh Declaration of Independence to justify separation from Britain and the overturning of the authority of King George III. (Ch 2)
devolution
a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments
Median voter theorem
a proposition predicting that when policy options can be arrayed along a single dimension, majority rule will pick the policy most preferred by the voter whose ideal policy is to the left of half of the voters and to the right of exactly half of the voters.
syndicalism
a revolutionary doctrine by which workers size control of the economy and the government by direct means
Lemon test
a rule articulated in Lemon v Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes or inhibits the practice of religion, and does not lead to "excessive entanglement" with religion
sample
a small group selected by researchers to represent the most important characteristics of an entire population
Federalism
a system of government in which power is divided, by a constitution, between the central (national) government and regional (state) governments
constitutional government
a system of rule in which formal and effective limits are placed on the powers of the government
cooperative federalism
a type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals; also known as "intergovernmental cooperation"
libel
a written statement in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"
civil liberties
areas of personal freedom with which governments are constrained from interfering
Elastic clause
article I, Section 8, of the Constitution (also known as the necessary and proper clause), which enumerates the powers of Congress and provides Congress with the authority to make all laws "necessary and proper" to carry them out
democracy
literally defined as "rule of the people;" democracy is a form of government in which all citizens exercise political power, either directly or through their elected representatives. Supreme power lies in a body of citizens who can elect people to represent them.
Checks and balances
mechanisms through which each branch of government is able to participate in and influence the activities of the other branches. Distributing and balancing the powers of government among different branches so that no one branch or individual can completely dominate the others. Major examples include the presidential veto power over congressional legislation, the power of the Senate to approve presidential appointments, and judicial review of congressional enactments
Tyranny
oppressive and unjust government that employs cruel and unjust use of power and authority
libertarianism
political ideology that emphasizes freedom and voluntary association with small government
socialism
political ideology that emphasizes social ownership or collective government ownership and strong government
fourth agent of socialization
political institutions & leaders (most ineffective)
sampling error
polling error that arises based on the small size of the sample
selection bias (surveys)
polling error that arises when the sample isnt representative of the population being studied. creates over/under representation
random digit dialing
polling method in which respondents are selected at random from a list of numbers with every effort made to avoid bias in the construction of the sample
push polling
polling technique in which the questions are designed to shape the respondents opinion
potential problems with electoral college
popular vote vs. electoral college outcome
home rule
power delegated by the state to local unit of government to manage its own affairs
implied powers
powers derived from the necessary and proper clause of Article I, Section 8, of the Constitution; such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers
reserved powers
powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states
grants-in-aid
programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government
necessary and proper clause
provision from Article I, Section 8, of the Constitution providing Congress with the authority to make all laws necessary and proper to carry out its expressed powers
full faith and credeit clause
provision from Article IV, Section 1 of the Constitution requiring that the states normally honor the public acts and judicial decisions that take place in another state
privileges and immunities clause
provision, from Article IV, Section 2, of the Constitution, that a state cannot discriminate against someone from another state or give is own residents special privileges
marketplace of ideas
public forum in which beliefs and ideas are exchanged and compete
party ID is declining
rise in split ticket voting rise in independents: people say they are independent but are partisan
reforms for voter turnout
same day voting motor voter laws(register at DMV) early voting(largely successful in some places, allows people who work to vote)
second agent of socialization
schools -functions: convey information about the political system, teach proper behavior, teach loyalty and respect for the political system
public opinion polls
scientific instruments for measuring public opinion
public-opinion polls
scientific instruments for measuring public opinion
"clear and present danger" test
test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society
Electoral college
th
free exercise clause
the 1st amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses
establishment clause
the 1st amendment clause that says that "Congress shall make no law respecting an establishment of religion"---> a "wall of separation" exists between church and state
double jepardy
the 5th amendment right providing that a person cannot be tried twice for the same crime
social desirability effect
the effect that results when respondents in a survey report what they expect the interviewer wishes to hear rather than what they believe.
authoritarian government
the government recognizes no formal limits but may nevertheless be restrained by the power of other social institutions
Morgan v. Hennigan
Ended racial segregation in Boston.
23rd Amendment
Extended voting rights to residents of the District of Columbia.
19th Amendment
Extended voting rights to women.
bail
- the temporary release of an accused person awaiting trial, sometimes on condition that a sum of money be lodged to guarantee their appearance in court
Dred Scott v. Sanderford
"Roused passions as never before" by splitting the country deeply, with the U.S. Supreme Court holding that Scott had no due process rights because, as a slave, he was his master's permanent property, regarless of his master's having taken him to a free state or territory.
probable cause
- reasonable grounds (for making a search, pressing a charge, etc.)
substantive liberites
- restraints limiting what the government shall have the power to do, such as restricting freedom of speech, freedom of religion, or freedom of the press
Procedural liberties
- restraints on how the government can act
commercial speech
- speech done on behalf of a company or individual for the intent of making a profit
"speech plus"
- the communication of ideas through spoken or written words or through conduct limited in form to that necessary to convey the idea
Strict scrutiny
- a form of judicial review that courts use to determine the constitutionality of certain laws
indictment
- a formal charge or accusation of a serious crime
symbolic speech
- actions that purposefully and discernibly convey a particular message or statement to those viewing it
"bill of information"
- an alternative form of charging document
preferred position
- gives the federal government the right to put certain constitutional rights before others
parochial
- of or relating to a church parish
political subcultures
1. moralistic - obligated to pull your own weight. small government, patriotic, intolerant 2. individualistic - what's in it for me? making profit, recognition. government huge influence, political machines 3. traditionalist - everything based on your last name. "don't buck the system"
elite responses to persistent demands for change
1. tokenism - small change to please people 2. co-optation - "friends close enemies closer" 3. symbolism - making an insignificant change to shut people up 4. patriotism - wave flag a little bit (Lyndon B Johnson and Vietnam War) 5. violence - kill them off
Frontiero v. Richardson
8:1 Court, split on scrutiny. 5 rationality, 4 strict.
covenant
A binding agreement made by two or more persons or parties. In Protestant churches during the Reformation, a covenant was an agreement made in the sight of Gd. The Mayflower Compact was a covenant. (Ch 5)
Incumbent
A candidate running for re-election to a position that he or she already holds.
compact
A formal contract or agreement between or among two or more parties or states. The Mayflower Compact of 1620 was such a formal agreement. (Ch 6)
Proportional Representation
A multiple member district system that allows each political party representation in proportion to its percentage of the total vote.
city-state
A politically independent community consisting of a city and its surrounding and nation. (Ch 3)
random digit dialing
A poll 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 polling
A polling technique in which the questions are designed to shape the respondent's opinion
Redlining
A practice in which banks refuse to make loans to people living in certain geographic locations.
Open primary
A primary election in which the voter can wait until the end of the day of the primary to choose which party to enroll in to select candidates for the general election.
Closed Primary
A primary election in which voters can participate in the nomination of candidates, but only of the party in which they are enrolled for a period of time prior to primary day.
Political Action Committee (PAC)
A private group that raises and distributes funds for use in election campaigns.
Recall
A procedure to allow voters to remove state officials from office before their terms expire by circulating petitions to call a vote.
Ballot Initiative
A proposed law or policy change that is placed on the ballot by citizens or interest groups for a popular vote.
General Election
A regularly scheduled election involving most districts in the nation or state, in which voters select officeholders; the in the US, general elections for national offices are held on the first Tuesday following the first Monday in November in even numbered years (every 4 for pres elects)
feudalism
A system of social, economic, and political organization in Europe from the ninth to about the fifteenth century in which a politically weak monarch shared power with the nobility. The nobility required work and service from the common people, known as serfs, in return for allowing them to live on and make use of the noble's land and benefit from the noble's protection (Ch 3)
limited government
A system restricted to a protecting natural rights that does not interfere with other aspects of life. More generally, it is constitutional government governed by rule of law; written and unwritten constitutions empower and limit government.
equality of opportunity
A widely shared American ideal that all people should have the freedom to use whatever talents and wealth they have to reach their fullest potential
Articles of Confederation
America's first written constitution; served as the basis for America's national government until 1789. Created to form a perpetual union and a firm "league of friendship" among the thirteen original states
United States v. Wong Kim Ark
American-born Chinese children could not be denied citizenship.
pursuit of happiness
An "unalienable" right stated in the Declaration of Independence. It is the right of Americans to pursue personal fulfillment in their own way, so long as they do not infringe on the rights of others.Within certain limits, this right denies the legitimacy of government to decide what kind of happiness one ought to seek. (Ch 2)
capitalism
An economic system in which the major means of producing and distributing goods are privately owned and are operated for profit in competitive markets. Unequal distribution of wealth.
Party Identification
An individual voter's psychological ties to one party or another.
private morality
An individual's ideas about right and wrong to be practiced in one's personal life. These are derived from religious, philosophical, familial, and other sources, including individual conscience. (Ch 3)
Loving v. Virginia
An interracial couple married in D.C. and went back to Virginia where they were charged for violating Virginia law which outlawed interracial marriage. 9 years later, Supreme Court struck down state laws banning marriage on the basis of racial classification. Court declared marriage as "one of the 'basic civil rights of man,' fundamental to our very existence and survival."
Supremacy clause
Article VI of the Constitution, which states that laws passed by the national government and all treaties "shall be the supreme law of the land" and superior to all laws adopted by any state or any subdivision
Romer v. Evans
Court highlighted the connection between gay rights and civil rights.
Affirmative Action
Government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities.
stare decisis
Latin: "Let the precedent (decision) stand." The doctrine that a court should follow the previous decisions of other courts on cases in which the facts are substantially the same. This principle plays a key role in common law systems such as those of Britain and the United States. (Ch 4)
writ of habeas corpus
Latin: "You shall/should have the body." A court order directing that a prisoner be brought to court before a judge to determine whether that prisoner's detention is lawful. (Ch 4)
Jim Crow Laws
Laws enacted by southern states following Reconstruction that discriminated against African Americans.
Ledbetter v. Goodyear Tire and Rubber Co.
Lily Ledbetter, a supervisor, learned late in her career that she was being paid up to 40 percent less than male supervisors, including those with less seniority. Led to the Lily Ledbetter Fair Pay Act, the first bill that President Obama signed into law, which gave workers expanded rights to sue in cases, such as Ledbetter's, when an employee learns of discriminatory treatment well after it has started.
27th Amendment
Limited Congress's power to raise its own salary.
22nd Amendment
Limited Presidential term.
11th Amendment
Limited jurisdiction of federal courts over suits involving the states.
5th Amendment
Limits on Courts: Not to hold trials for serious offenses without provision for a grand jury; immunity from testimony against oneself; no more than one trial for the same offense; no property taken without just compensation.
6th Amendment
Limits on Courts: Right to a speedy trial; presentation of charges; confrontation of hostile witnesses.
4th Amendment
Limits on Executive: Freedom from search and seizure without probable cause.
3rd Amendment
Limits on Executive: Freedom from soldiers' quarters.
2nd Amendment
Limits on Executive: Right to bear arms
9th Amendment
Limits on National Government: 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.
Functions of political parties
Linkage institutions Organize the Competition Mobilize people Translate preferences into policy
De Facto
Literally, "by fact"; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today
Lau v. Nichols
School districts have to provide education for students whose English is limited.
rights of Englishmen
Term prevalent in seventeenth-century England and America referring to certain historically established rights, beginning with the rights of the Magna Carta, that all English subjects were understood to have. These included the right not to be kept in prison without a trial, the right to trial by jury, security in one's home from unlawful entry, and no taxation without consent, among others. (Ch 4)
Brown v. Board of Education
The 1954 Supreme Court decision that struck down the "separate but equal" doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions.
common law
The body of unwritten law developed in England from judicial decisions based on custom and earlier judicial decisions. Constitutes the basis of the English legal system and became part of American law, except in Louisiana, which inherited its civil law system from France. (Ch 4)
Divided Government
The condition in American Government wherein the presidency is controlled by one party while the opposing party controls one or both houses of Congress.
redress of grievances
The correction of complaints. The First Amendment protects the right of the people to petition government to obtain remedies for claimed wrongs. (Ch 4)
10th Amendment
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Referendum
The practice of referring a measure proposed or passed by a legislation to the vote of the electorate for approval or rejection.
rule of law
The principle that both those who govern and those who are governed must obey the law and are subject to the same laws. This principle is contrasted to the "rule of men," in which those in power make up the rules as they please. The rule of law requires an independent judiciary that is immune from political or other manipulation. (Ch 4)
natural rights
a doctrine that human beings have basic rights, such as those to life, liberty, and property in a state of nature and that people create governments to protect those rights (Ch 2)
Virginia Plan
a framework for the Constitution, introduced by Edmund Randolph, that called for representation in the national legislature based on the population of each state
New Jersey Plan
a framework for the Constitution, introduced by William Paterson that called for equal state representation in the national legislature regardless of population
majority rules, minority rights
a government follows the preferences of the majority of voters but protects the interests of the minority
bill of attainder
a law that declares a person guilty of a crime without a trial
ex post facto law
a law that declares an action to be illegal after it has been committed
constitution
a plan of government that sets forth the structures and powers of government; in democracies, a constitution is an authoritative law though which the sovereign people authorize a government to be established and grant it certain powers (Ch 1)
pluralism
all interests are and should be free to compete for influence in the government
slander
an oral statement, made in "reckless disregard of truth" which is considered damaging to the victim because it is "malicious, scandalous, and defamatory"
Bipartisan Campaign Reform Act
bans soft money(loopholes for unregulated money), increases hard money allotments(donated money), restricts advertising close to campaigns, sets up 527 committees which are tax exempt, express advocacy vs issue advocacy(can't say vote for or again)
Values (or beliefs)
basic principles that shape a person's opinions about political issues and events.
values
basic principles that shape a persons opinions about political issues and events
single member v. multi member districts
campaign finance rules Ballot access: have to have so many votes from last year to be put on the ballot this year
public opinion
citizens attitudes about political issues, leaders, institutions, and events
politics
conflicts and struggles over leadership, structure, and policies in government
catergorical grants
congressional grants given to the states and localities on the condition that expenditures be limited to be a problem or group specified by law.
Citizens United v. Federal Elections Commission
corporations also have free speech rights, so they can donate without any restrictions
national party convention
delegates vote for the candidate who will run in the presidential election write their party platform
New Deal coalition
democrats have solid control southern farmers people in inter cities/labor unions minorities 1960's this coalition falls apart
Classical republicanism
devotion of the citizens to the common good. placed needs of community over the individual. work together to help the country.
gender gap
distinctive pattern of voting behavior reflecting the differences in views between women and men
social desirability effect
effect that results when respondents in a survey repot what they expect the interviewer wishes to hear rather than what they believe
Block grants
federal grants-in-aid that allow states considerable discretion in how the funds are spent
inalienable rights
fundamental rights inherent to being human that every person therefore possesses that cannot be taken away by government or another entity. This phrase was used in the Virginia Declaration of Rights and the Declaration of Independence. Inalienable is sometimes spelled unalienable. (Ch 2)
north west ordinance
get people to go west to farm land, get free land
elitism
government is controlled by a single group of wealthy individuals who operate behind the scenes
totalitarian government
government recognizes no formal limits on its power
Three-Fifths Compromise
he agreement reached at the Constitutional Convention of 1787 that stipulated that for purpose of the apportionment of congressional seats, every slave would be counted as three-fifths of a person
Arguments for/against increasing polarization
how someone identifies to a party should someone take sides on one party etc.
citizenship
informed and active membership in a political community