American Politics 101 Midterm

Constitutional Convention

1787 in Philadelphia, sought to create a new government capable of promoting commerce and protecting property from radical state legislatures, and to liberate national government from power of states

libel

A WRITTEN statement made in "reckless disregard of the truth" and considered damaging to a victim because it is malicious, scandalous and defamatory"

supremacy clause

A clause of Article VI of the Constitution, states all laws passed by national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any subdivision

whip system

A communications network in each house of Congress. These people poll the membership to learn their intentions on specific legislative issues and assist the majority and minority leaders in various tasks

writ of habeas corpus

A court order demanding that an individual in custody be brought into court and shown the cause for detention. Guaranteed by Constitution and can be suspended only in cases of rebellion or invasion

public good

A good that (1) may be enjoyed by anyone if it is provided and (2) may not be denied to anyone once it has been provided

conference committee

A joint committee created to work out a compromise for House and Senate versions of a piece of legislation

grand jury

A jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused's guilt or innocence

state sovereign immunity

A legal doctrine holding that states cannot be sued for violating an act of Congress

bicameral legislation

A legislative assembly composed of two chambers or houses

party caucus

A normally closed meeting of a political or legislative group to select candidates or leaders, plan strategy or make decisions regarding legislative matters

caucus system

A normally closed meeting of a political or legislative group to select candidates, plan strategy or make decisions regarding legislative matters. Presidency was afterwards strengthened when this was replaced by the national convention system for nominating president

standing committee

A permanent legislative committee that considers legislation within its designated subject area; the basic unit of deliberation in the House and Senate

affirmative action

A policy or program designed to redress historic injustices committed against specific groups by making special efforts to provide members of these groups with access to educational and employment opportunities

National Security Council

A presidential foreign policy advisory council composed of the president, the vice president, the secretary of state, secretary of defense and other officials invited by the president

delegate

A representative who votes according to the preferences of his or her constituency

trustee

A representative who votes based on what he or she thinks is best for his or her constitutency

War Powers Resolution

A resolution of Congress declaring that the president can send troops into action abroad only by authorization of Congress or if U.S. troops are already under attack or seriously threatened

party vote

A roll-call vote in the House or Senate in which at least fifty percent of the members of one party take a particular position and are opposed by at least fifty percent of the members of the other party. Less common today they were in the nineteenth century.

cloture

A rule allowing a supermajority of the members of a legislative body to set a time limit on debate over a given bill

constitutional government

A system of rule in which formal and effective limits are placed on the powers of gov't

totalitarian government

A system of rule in which the government recognizes no formal limits on its power and seeks to absorb or eliminate other social institutions that might challenge it

democracy

A system of rule that permits citizens to play a significant part in the governmental process, usually through the selection of key public officials

filibuster

A tactic used by members of the Senate to prevent action on legislation they oppose by continuously holding the floor/speaking until the majority backs down. They have unlimited time to speak, a cloture requires three-fifths of the Senate to end this.

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

pocket veto

A veto that is effected when Congress adjourns during the time a president has to approve a bill and the president takes no action on it

Articles of Confederation and Perpetual Union

America's first written constitution. Adopted by the Continental Congress in 1777, the Articles of Confederation and Perpetual Union were the formal basis for America's national government until 1789, when they were superseded by the Constitution

slander

An ORAL statement made in "reckless disregard of the truth" and considered damaging to a victim because it is malicious, scandalous and defamatory"

executive agreement

An agreement between the president and another country that has the force of a treaty but does not require the Senate's "advice and consent"

The Great Compromise

An 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

congressional caucus

An association of members of Congress based on party, interest or social characteristics such as gender or face.

prior restraint

An effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the U.S., the courts forbids this except under the most extraordinary circumstances

casework

An effort by members of Congress to gain the trust and support of constituents by providing personal service. One important type of casework consists of helping constituents obtain favorable treatment from the federal bureaucracy

White House staff

Analysts and advisers to the president, often given the title "special assistant"

signing statement

Announcement made by the president when a bill is signed into law

necessary and proper clause

Article 1, Section 8 of the Constitution which enumerates the powers of Congress and provides Congress with the authority to make all laws "necessary and proper" to carry them out; also referred to as the elastic clause

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 to favor national power over the economy

selective benefits

Benefits that do not go to everyone but, rather, are distributed selectively- only to those who contribute to the group enterprise. *Tragedy of the commons

Annapolis Convention

Carefully worded resolution calling on Congress to send commissioners to Philadelphia at a later time

impeachment

Charging of a government official with "treason, bribery or other high crimes and misdemeanors" and bringing him or her before Congress to determine guilt

mandate

Claim by a victorious candidate that the electorate has given him or her special authority to carry out promises made during the campaign

executive privilege

Claim that confidential communications between the president and his close advisers should not be revealed without the consent of the president

executive privilege

Claim that confidential communications between the president and his closer advisers should not be revealed without consent of the president

First amendment

Clarifies the jurisdiction of Congress

Powers of the Articles of Confederation

Congress could: declare war, make peace/treaties/alliances, coin or borrow money, regulate trade with Native Americans. Congress could not: levy taxes/regulate commerce, prevent states from discriminating other states in quest for foreign commerce, there were only state militias (no federal army),

delegated powers

Constitutional powers that are assigned to one government agency but exercised by another agency with the express permission of the first

Miranda rule

Convention derived from 1996 ruling in Miranda v. Arizona whereby persons under arrest must be informed of their legal rights, including their right to counsel before undergoing police interrogation

Barron vs. Baltimore

Court case that confirmed "dual citizenship" - each American was a citizen on the national government and separately a citizen of one of the states, meaning the Bill of Rights did not apply to decisions/procedures of state governments.

Slaughter-House Cases

Court cases in 1873, decided the federal government was under no obligation to protect the privileges and immunities of citizens of a particular state against arbitrary actions by that state's government.

bicameralism

Division of a legislative assembly into two chambers or houses

instrumental

Done with purpose, sometimes with forethought, and even with calculation

free riding

Enjoying the benefits of some good or action while letting others bear the costs

block grants

Federal funds given to state governments to pay for goods, services, or programs, with relatively few restrictions on how the funds may be spent (Reagan used this to group categorical grants together, giving states more leeway)

free exercise clause

First amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses

Three-fifths Compromise

For purposes of the apportionment of congressional seats, every slave would be counted three fifths of a person

autocracy

Form of gov't in which a single individual rules

categorical grants-in-aid

Funds given by Congress to states and localities and that are earmarked by law for specific categories such as education or crime prevention

Gideon vs. Wainwright

Gideon made his own appeal and won landmark ruling on the right to counsel in all felony cases

House of Representatives

Given sole power to originate revenue bills. Directly responsible to the people. Checked by the Senate

project grants

Grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis

formula grants

Grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive

Senate

Has power to ratify treaties, approve presidential appointments. More resistant to popular pressure

incumbency

Holding a political office for which one is running

kitchen cabinet

Informal group of advisers to whom the president turns for counsel/guidance. Members of official Cabinet may be in this

logrolling

Legislative practice wherein reciprocal agreements are made between legislators, usually in voting for or against a bill. This unites parties that have nothing common but their desire to exchange support

Shay's Rebellion

Mob of farmers rebelled against Massachusetts's government to prevent foreclosures on their debt-ridden land by keeping county courts of western MA from sitting until the next election. Facilitated collective action - the Articles were not working

unfunded mandates

National standards or programs imposed on state and local governments by the federal government without accompanying funding or reimbursement

expressed powers

Notion that Constitution grants to the federal government only those powers specifically named in its text

expressed power

Notion that the Constitution grants to the federal government only those powers specifically named in its text

tyranny

Oppressuve government that employs the cruel and unjust use of power and authority

Executive Office of the President

Permanent agencies that perform defined management tasks for the president. Created in 1939, this includes the Office of Management and Budget, Council of economic Advisers, National Security Council and other agencies

line-item veto

Power of the executive to veto specific provisions (lines) of a bill passed by the legislature

reserved powers

Powers, derived from the Tenth amendment that are not specifically delegated to the national government or denied to the states are left to the states/people (criminal codes, health and safety rules, regulate family via marriage and divorce laws. Doctors/lawyers licensed by state)

legislative initiative

President's inherent power to bring a legislative agenda before Congress

due process

Proceeding according to law and with adequate protection for individual rights

New Deal

Programs that went beyond traditional approach, adopting types of policies never before tried on a large scale by national government. Intervened in economic life that had before been reserved to states. Discovered national government had "police power" and could regulate individuals as well as provide services

Eighteenth amendment

Prohibition. Only social amendment, and only amendment that has ever been repealed.

Fifth, Sixth, Seventh and Eighth amendments

Provide safeguards for individual citizens against the arbitrary exercise of governmental power by defining judicial branch more concretely and clearly

de jure segregation

Racial segregation that is a direct result of law or official policy

de facto segregation

Racial segregation that is not a direct result of law or government policy but is, instead, a reflection of residential patterns, income distributions or other social factors

Virginia Plan

Randolph: system of representation in the national legislature based on the population of each state, proportion of each state's revenue contribution, or both

right to privacy

Right to be let alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions

Lemon test

Rule articulated in Lemon vs. Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, does not lead to "excessive entanglement" with religion, and neither promotes nor inhibits the practice of religion

executive order

Rule or regulation issued by the president that has the effect and formal status of legislation

Cabinet

Secratries or chief administrators of the major departments of the federal government. Appointed by president with consent of the Senate

expressed powers

Specific powers granted to the president under article II sections 2 and 3

speech plus

Speech accompanied by activities such as sit-ins, picketing and demonstrations. Protection of this form of speech under the First Amendment is conditional and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

fighting words

Speech that directly incites damaging conduct

Second, Third and Fourth amendments

Spell out limits on the executive branch

Some causes of the American Revolution

Stamp Act of 1765, Sugar Act of 1764, threatening interests of New England merchants and southern planters, British tax and trade split colonial elites, Boston Massacre of 1770, Boston Tea Party 1773, First Continental Congress

sovereignty

Supreme and independent political authority

authoritarian government

System of rule in which the government recognizes no formal limits but may nevertheless be restrained by the power of other social institutions

double jeopardy

The Fifth Amendment right providing that a person cannot be tried twice for the same crime

veto power

The ability to defeat something even if it has made it on to the agenda of an institution

staff agencies

The agencies responsible for providing Congress with independent expertise, administration and oversight capability

gerrymandering

The apportionment of voters in districts in such a way as to give unfair advantage to one political party

pork-barrel legislation

The appropriations made by legislative bodies for local projects that often are not needed but are created so that local representatives can carry their home district in the next election

concurrent powers

The authority possessed by both state and national governments, such as power to levy taxes

after-the-fact authority

The authority to follow up on the fate of a proposal once it has been approved by the full chamber

proposal power

The capacity to bring a proposal before the full legislature

Speaker of the House

The chief presiding officer of the House of Representatives. The Speaker is elected at the beginning of every Congress on a straight party vote. He or she is the most important party and House leader.

divided government

The condition in American government in which the presidency is controlled by one party while the opposing party controls one or both houses of Congress

politics

The conflicts and struggles over the leadership, structure and policies of government

agenda power

The control over what a group will consider for discussion

transaction costs

The cost of clarifying each aspect of a principal-agent relationship and monitoring it to make sure arrangements are complied with

clear and present danger

The criterion used to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society

agency loss

The difference between what a principal would like an agent to do and the agent's performance

constituency

The district making up the area from which an official is elected

separation of powers

The division of governmental power among several institutions that must cooperate in decision making

"separate but equal" rule

The doctrine that public accommodations could be segregated by race but still be equal

oversight

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

majority leader

The elected leader of the party holding a majority of the seats in the House of representatives or the Senate. In the House, the majority leader is subordinate in the party hierarchy to the Speaker

minority leader

The elected leader of the party holding less than a majority of the seats in the House or Senate

establishment clause

The first amendment clause says "Congress shall make no law respecting an establishment of religion." This law means a wall of separation exists between church and state

Bill of Rights

The first ten amendments of the U.S. Constitution, adopted in 1791. Ensures certain rights and liberties to the people

grants-in-aid

The funding federal officials offer the states to secure state cooperation with national programs

path dependency

The idea that certain possibilities are made more or less likely because of the historical path taken

by-product theory

The idea that groups provide members with private benefits to attract membership. The possibility of group collective action emerges as a consequence.

civil rights

The legal or moral claims that citizens are entitled to make on the government

checks and balances

The mechanisms through which each branch of government is able to participate in and influence the activities of other branches

legislative supremacy

The most powerful position assigned to Congress by the Constitution

devolution

The policy of removing a program from one level of government by deregulating it or passing it down to a lower level, such as from the national government to the state and local governments (welfare)

collective action

The pooling of resources and the coordination of effort and activity by a group of people (often a large one) to achieve common goals.

home rule

The power delegated by the state to a local unit of government to manage its own affairs

judicial review

The power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional. Asserted by Marbury vs. Madison

commander in chief

The power of the president as commander of the national military and the state national guard units (when called into service).

police power

The power reserved to the government to regulate health and safety and morals of its citizens

veto

The president's constitutional power to turn down acts of Congress within ten days of their passage while Congress is in session. A presidential veto may be overridden by a two-thirds vote of each house of Congress

states' rights

The principle that states should oppose increases in the authority of the national government. This view was most popular before the Civil War

seniority

The priority or status ranking given to an individual on the basis of length of continuous service on a congressional committee

civil liberties

The protections of citizens from improper governmental action

open rule

The provision by the House Rules Committee that permits floor debate and the addition of amendments to a bill

closed rule

The provision by the House Rules Committee that prohibits the introduction of amendments during debate

privileges and immunities

The provision in Article IV, Section 2 of the Constitution stating that a state cannot discriminate against someone from another state or give its own residents special privileges

full faith and credit clause

The provision in article IV, section 1 of the Constitution requiring that each state normally honors the public acts and judicial decisions that take place in another state

equal protection clause

The provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws." This clause has been the basis for civil rights of African Americans, women, and other other groups

principal-agent relationship

The relationship between a principal and his or her agent. This relationship may be affected by the fact that each is motivated by self-interest, yet their interests may not be well aligned.

patronage

The resources available to higher officials usally opportunities to make partisan appointments to offices and confer grants, licenses or special favors to supporters

gatekeeping authority

The right and power to decide if a change in policy will be considered

eminent domain

The right of the government to take private property for public use, with reasonable compensation awarded for the property

institutions

The rules and procedures that provide incentives for political behavior, thereby shaping politics. Designed to solve collective action problems

federalism

The system of government in which a constitution divides power between a central government and regional governments

dual federalism

The system of government that prevailed in the United States from 1789 to 1937 in which fundamental governmental powers were shared between the federal and state governments, with states exercising the most important powers

distributive tendency

The tendency of Congress to spread the benefits of a policy over a wide range of members' districts

intermediate scrutiny

The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

delegation

The transmission of authority to some other official or body for the latter's use (though often with the right of review and revision).

agency representation

The type of representation according to which representatives are held accountable to their constituents if they fail to represent them properly. That is, constituents have the power to hire and fire their representatives.

Executive powers

Unconditional power to accept ambassadors from other countries, power to negotiate treaties, unconditional right to grant reprieves and pardons

roll-call votes

Votes in which each legislator's yes or no vote is recorded

Constitution

Well designed institutions that make it easier to achieve collective goals. Sought government that would be strong enough to promote commerce and protect property from radical state legislatures. Sought to prevent "excessive democracy"

New Jersey Plan

William Paterson: equal representation

exclusionary rule

ability of courts to exclude evidence obtained in violation of the Fourth Amendment

oligarchy

form of gov't in which a small group of landowners, military officers or wealthy merchants controls most of the governing decisions

inherent powers

powers claimed by a president that are not expressed in the Constitution but are inferred from it

implied powers

powers derived from the necessary and proper clause. Such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers