AP Government Final Exam

obiter dictum

"by the way"; A court judge's statement on a point of law, which is not related to the decision, and therefore not binding.

3/5 clause

(1.2.3) Allowed slave states to count three-fifths of their slave populations for the purpose of congressional apportionment in the House. Changed by Section 2 of the 14th Amendment

census clause

(1.2.3) Census must be taken every 10 years, to count the population in each state in order to ensure that each state's representation in Congress remains proportional to its population.

Vice Presidency

(1.3.4) VP of the US is the President of the Senate but has no vote unless the Senate is equally divided (there's a tie) about an issue. (2.1.6) VP will have the powers of the president and do the president's job in case the president is removed from office, dies, or resigns. Tends to be fairly weak in the presidency; selected because he/she balances the presidential ticket

elastic lause

(1.8.18) Basis for all of the legislative branch's implied powers--powers not explicitly listed in the Constitution-- but held to be legitimate because they are "necessary and proper" for the Congress to exercise the other powers that are listed here. (also known as the *necessary and proper clause*)

interstate commerce clause

(1.8.3) Congress has the power regulate commerce with foreign nations, Indian tribes, and between states (interstate). Examples: Commercial trade, business, movement of goods or money, or transportation etc.

electoral college

(2.1.2) Each state will decide how to choose its own electors who will vote for the president. Each state gets a number of electoral votes equal to its number of senators plus its numbers of US representatives. No senators, representatives, or person holding governmental office under the US can be an elector.

commander in chief

(2.2.1) Commander-in-chief of the military and the army of each of the states when they are called up to serve the US. (Job doesn't mean the same thing today as it did back then)

jury trial

(3.2.3) In all criminal cases aside from impeachment, the trial will be heard by a jury rather than decided solely by the judge.

treason

(3.3.1) Committing this means engaging in war against the United States, or fighting on the side of the U.S.'s enemies, or giving help, support, or assistance to the enemies of the United States. One cannot be committed of this unless there are 2 witnesses that have seen or been present during the actual action of the accused person. Or the person confesses in court in front of a judge and the public.

full faith and credit clause

(4.1) Every state must respect the judgment and documentation of every other state.

extradition

(4.2.2) All wanted persons must be returned to the state that wants them. Example: If you murder someone in Michigan, and move to IN, you are not tried in IN, but in the state you committed the crime (MI). The US has _________ treaties with almost every other country aside from Russia and Cuba.

fugitive slave clause

(4.2.3) If a slave escapes a slave state (South) to a free state (North), the slave is not discharged from slavery and is to be returned back into slavery.

territorial clauses

(4.3.2) Territories that have yet to become states fall under the direct control of Congress. Congress also has the ability to dispose of territories.

guarantee clause

(4.4.1) Every state must guarantee a republican form of government.

Debts clause

(6.1) The new US government established by the Constitution promised to take on all the debts racked up by the older, weaker national government of the Articles of Confederation.

Supremacy clause

(6.2) The following 3 items were the supreme law of the land 1.The Constitution 2.Laws of the national government (when consistent with the Constitution) 3.Treaties (which can be made only by the national government)

Religious Oaths clause

(6.3) No person can be required to take a religious oath for a public office or trust.

Southern Democrat

(Dixiecrats, Blue Dog Democrats): tend to be socially conservative but fiscally liberal Joe Donnelly - pro-life, pro-gun democrat

comity

(article 4) Idea that there is a tradition of respect among equal jurisdiction. Equal jurisdictions should respect one another. For example, you can drive with an Indiana license in Illinois.

Right

(legal protection from the government) a privilege or fundamental power to which an individual is entitled unless it is revoked by law or given up voluntarily. Example: you have the right to a job

Amendment Process

*Article 5* 1) Congress proposes with 2/3 vote in each house -> 3/4 of state *legislature* ratify by a vote of 3/4 of the states (*has occurred 26 times*) 2) Congress proposes with 2/3 vote in each house -> 3/4 of state *conventions* ratify by a vote of 3/4 of the states (*has occurred 1 time*) 3) National convention proposes by request of 2/3 of the states->3/4 of state *legislatures* ratify by a vote of 3/4 of the states (*Never Happened* ) 4)National convention proposes by request of 2/3 of the states->3/4 of state *conventions* ratify by a vote of 3/4 of the states (*Never Happened* )

grand jury

--A jury of 16-23 members whose role is to determine whether there is "probable cause" to believe that an individual has committed a crime and should be put on trial. --These are not open to the public and the final outcome is to indict (formally accuse) the defendant or not. --During these proceedings defendants and their attorneys do not have the right to appear before the jury. --Included in the 5th Amendment and does not need to be incorporated.

petit jury

--A jury of 6-12 members whose role is to decide whether the defendant injured the plaintiff (civil case) or committed the crime as charged (criminal case) --Trials are generally public, but jury deliberations are private. --Defendants have the right to appear, testify, and call witnesses on their behalf. --Final outcome is a verdict, in favor of plaintiff or defendant in a civil case, or guilty/not guilty in a criminal case. Also known as a trial jury.

Federalists

--Background: large landowners, wealthy merchants, professionals --Government preferred: 1) Weaker state governments 2) Strong national government 3) Indirect election of officials 4) Longer terms 5) Government by the elite 6)Expected few violations of individual liberties

Antifederalist

--Background: small farmers, shopkeepers, laborers --Government preferred 1) Strong state government 2) weak national government 3)Direct election of officials 4) Shorter terms 5) Rule by the common man 6) Strengthened protections for individual liberties

Magna Carta

--Beginning of English Constitutionalism in 1215. Rule of Law and limited government emerge. --Rule of Law: Principle of law applies to everyone, even those who govern. --2 ways to limit government are outlined in this document. 1) *Parchment barriers*: writing down of rights -- protection from government. Increases likelihood of respecting those rights. 2) *Constitutional mechanism*: cannot limit vice to limit virtue, but one must limit vice with vice. Madison, "Ambition must be used to counteract ambition..." The secret of good government is "balanced" government.

President

--Can veto congressional legislation --Nominates judges and enforces judicial opinions

Congress

--Holds the purse strings of government and must approve presidential appointments --Can pass laws over the president's veto and can impeach the president and remove him or her from office. --Upper House confirms the president's nominations. Can impeach judges and remove them from office.

conference committee

--Temporary committee formed when the Senate and the House pass 2 different versions of the same piece of legislation. --Formed to reach compromise. --Made up of members of subcommittees who worked on the legislation in each chamber.

Republican

--most are conservative --favor lower taxes and less domestic spending --Against abortion --Individual freedoms --oppose gun control (strong supporters of 2nd amendment) --opponents of gay marriage --tax cuts for everyone

Democrat

--most are liberals --favor more government programs to help the working class and less advantaged Americans --support abortion rights and keeping elective abortions legal --equality and community responsibility --favor more gun control laws --tend to favor equal rights for gay and lesbian couples --want higher taxes for the wealthy

diversity of citizenship

--subject matter jurisdiction: Court can only assume power over a claim that the laws of the jurisdiction authorize it to hear. Establishes the jurisdiction of the federal courts. *(3.2.1)* 1) Federal courts can decide cases involving federal law, disputes between different states, and disputes between residents of different states. 2) State courts can hear cases involving state laws and disputes between residents of one state. --Litigants involved must come from different states (or US citizen and citizen of another country): only cases involving more than $75,000 in potential damages may be filed in a federal court. Claims below that amount may only be pursued in state court.

Marshall Court

1801-1835 Not the first chief justice, but the first one that matters. Court established the precedent of judicial review in the landmark case Marbury v. Madison (1803). Truly established the judiciary as a coequal branch. Had the court speak as a court. Before him the USSC simply settled disputes and each justice would write a decision for each case.

Taney Court

1837-1864 Decided on more than just Dred Scott v. Sanford. Led by a Democratic Republican. Allowed Court to create power of respect.

Warren Court

1953-1969 Court was very active in shaping public policy. Desegregated the public school system. Expanded the rights of criminal defendants, extending the right to counsel and protections against unreasonable search and seizure and self-incrimination. Ordered states to reapportion both their legislatures and their congressional districts according to the principle of one person, one vote, and prohibited organized prayer in schools. Liberal Court. Heart of Atlanta Motel v. United States , Brown v. Board (first case they decided), Miranda v. Arizona

Burger court

1969-1986 More conservative that the preceding court. Chief Justice was a strict constructionist and a Nixon appointee. Narrowed defendant's rights and wrote the abortion decision in Roe v. Wade, upheld affirmative action programs, and required school busing in certain cases to eliminate segregation. This Court also presided over the Watergate Scandal (US v. Nixon). Early ____ Court was liberal (Furman v. Georgia) and late _____ was conservative (Gregg v. Georgia).

Rehnquist Court

1986-2005 Conservative Court and Chief Justice was the nominee of a Republican president. Like the courts preceding it, it was neither deferential to Congress nor reluctant to the political fray. Decision in Bush v. Gore was an activist one. This Court limited rather than reversed rights established by liberal decisions such as those regarding defendant's rights and abortion. Constrained the federal government's power over the states. Appointees from mostly republic presidents aside from Bill Clinton. US v. Leon, Bethel v. Fraser, NJ v. TLO

free exercise clause

1st Amendment provision that prohibits government from interfering with the practice of religion.

Roberts Court

2005- present Chief Justice is a Bush appointee. Court is currently considered to be conservative. Courts alignment truly depends on who the next president is.

strict scrutiny

A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal; *the only way to discriminate on the basis of race or ethnicity is if a necessary goal cannot be achieved in any other way.*

plea bargain

A bargain strictly between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.

quorum call

A calling of the roll in either house of Congress to determine whether the number of members in attendance meets the minimum number required to conduct official business

legitimacy

A characterization of elections by political scientists meaning that they are almost universally accepted as a fair and free method of selecting political leaders. When this is high, as in the US, even the losers accept the results peacefully.

public policy

A choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem. Anything the government chooses to do or not do.

Article

A clause or section in a written document such as a treaty, contract, statute, etc _______ 1: Legislative _______ 2: Executive _______ 3: Judicial _______ 4: Comity/Relationship amongst the states _______ 5: Amendment process _______ 6: Supremacy _______ 7: Ratification

political ideology

A coherent set of beliefs about politics, public policy, and public purpose. It helps give meaning to political events, personalities, and policies. See liberalism and conservatism below

3/5 Compromise

A compromise between Southern and Northern states reached during the Philadelphia Convention of 1787 in which three-fifths of the population of slaves would be counted for enumeration purposes regarding both the distribution of taxes and the apportionment of the members of the United States House of Representatives. It was proposed by delegates James Wilson and Roger Sherman.

venue

A concept that requires lawsuits to be heard by the court with jurisdiction that is nearest the location in which the incident occurred for the fairest trial to be had.

Heckler's veto

A controversial legal position taken by law enforcement officers based on an alleged right to restrict freedom of speech where such expression may create disorder or provoke violence or in other words create a "clear and present danger". This is unconstitutional but occurs often. (Edwards v. South Carolina).

appellate court

A court having jurisdiction to review cases and issues that were originally tried in lower courts.

Article 2 court

A court in the bureaucracy.

civil court

A court in which lawsuits are heard.

plurality opinion

A court opinion that results when a majority of justices agree on a decision in a case but do not agree on the legal basis for the decision. In this instance, the legal position held by most of the justices on the winning side.

writ of mandamus

A court order directing an official to perform an official duty or correct an abuse of discretion

small claims court

A court that settles legal differences involving amounts below a set limit (Indiana: <$2,000; Illinois: <$5,000) and employs a process in which the litigants usually do not use a lawyer. These courts have original jurisdiction and do not include juries. These are bench trials in which the judge serves as both the judge and the jury.

mootness

A criterion used by courts to avoid hearing cases that no longer justiciable, or in other words are moot.

incrementalism

A description of the budget process where the best predictor of this year's budget is last year's budget, plus a little bit more (an increment). According to Aaron Wildavsky, "Most of the budget is a product of previous decisions."

demakratia

A direct democracy where the people make the policy themselves.

questions of fact

A factual dispute between litigants that must be resolved by the jury at trial. These are answered by the lower courts. Example: Did Mr. and Mrs. Jones leave their 10 year-old child home alone with their baby for 4 days?

oligarchy

A form of government in which the power to rule is held by a small, usually self-appointed elite. (*corrupted aristocracy*)

totalitarianism

A form of government in which the state holds total authority over the society and seeks to control all aspects of public and private life wherever possible. (i.e. communism and fascism)

mixed government

A form of government that integrates elements of democracy, aristocracy, and monarchy. Britain is a prime example.

independent regulatory agencies

A government agency responsible for some sector of the economy, making and enforcing rules supposedly to protect the public interest. It also judges disputes over these rules. Most of these independent of the federal bureaucracy and have set terms (5 years and must be confirmed by the Senate). Examples: EPA, NRC, ATC, Postal Office, FRB, NLRB, FCC, FTC, SEC

pork barrel

A government appropriation, bill, or policy that supplies funds for local improvements designed to ingratiate legislators with their constituents and tends to bring money into a representative's district.

theocracy

A government controlled by religious leaders. (oligarchy)

authoritarianism

A government in which political power is concentrated in a leader or leaders, typically unelected by the people, who possess exclusive power.

aristocracy

A government in which power is in the hands of a hereditary ruling class or nobility

monarchy

A government in which power is in the hands of a single person

government corporations

A government organization that, like business corporations, provides a service that could be provided by the private sector and typically charges for its services. These businesses are run by the government. Example: US Postal service, Amtrak, TVA

congressional caucus

A group of members of Congress sharing some interest or characteristic. Most are composed of members form both parties and both houses.

judicial activism

A judicial philosophy in which judges make bold policy decisions (almost creating law like the legislative branch), even charting new constitutional ground. Advocates of this approach emphasize that the courts can correct pressing needs, especially those unmet by the political process. USSC is considered to be very strong and sets precedents down for future cases . Argues that justices have the responsibility of protecting the rights of the accused and minority interests.

bureaucracy

A large, complex organization composed of appointed officials (2.2.2) President nominates all appointed officials of the government, including officers of the executive branch and judges of the judicial branch, though he needs a majority-vote approval by Senate (includes cabinet members, independent regulatory/executive agencies, and government corporations).

vagueness

A law must give a person of "common intelligence" notice of what is prohibited, one that does not do so is *unconstitutional*ly VAGUE and violates the due process clause of the 5th and 14th amendments.

War Powers Act

A law passed in 1973 in reaction to American fighting in Vietnam and Cambodia that requires presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension.

log rolling

A legislator supports a proposal favored by another in return for support of his or hers

confederacy

A loose union of independent states; name of government used by the southern states that seceded during the Civil War

caucus

A meeting of all state party leaders for selecting delegates to the national party convention. Usually organized as a pyramid. ---Small, neighborhood, precinct-level ones are held initially. At this level, delegates are chosen, on the basis of their preference for a certain candidate, to attend these in specific counties then ones in congressional districts, where delegates are chosen to go the state convention.

junta

A military or political group that rules a country after taking power by force or as the result of a coup. Example of an oligarchy. Examples: Cuba and North Korea

Trustee Model

A model of representation in which a member of the House or Senate follows his or her own conscience when deciding issue positions

constitutional monarchy

A monarchy that is limited by laws and a constitution

absolute monarchy

A monarchy that is not limited or restrained by laws or a constitution

executive agreement

A pact made by the president directly with the head of a foreign state/country; A binding international agreement with the force of law but which (unlike a treaty) does not require senate consent

plaintiff

A person or party filing a lawsuit

Refugee

A person who has been forced to leave their country in order to escape war, persecution, or natural disaster.

expectation of privacy

A persons right to privacy exists when 1. a person exhibits actual expectation of privacy (subjective) 2. The expectation must be one that society is willing to accept as reasonable. (objective). Example: No reasonable person would deem a garbage can as private since it is "readily accessible to animals, children, scavengers, snoops, and other members of the public." So a garbage can lacks an ________ ___ ________.

discharge petition

A petition signed by the members of the House of Representatives to bring a bill from committee to the floor for consideration. Requires the signature of an absolute majority of the members which is signature of 218 members. Are used when the committees delays the reporting of bills thus making it not possible to discuss in the legislature.

Christmas tree bill

A piece of legislation with many riders attached to it.

communism

A political and economic system where factors of production are collectively owned and directed by the state.

platform

A political party's statement of its goals and policies for the next four years. 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 the party's beliefs. It is made of of the party's planks.

fascism

A political system headed by a dictator that calls for extreme nationalism and racism and no tolerance of opposition

Judicial Review

A power implied in the Constitution that gives federal courts the right to review and determine the constitutionality of acts passed by Congress and State legislatures

Natural Law

A principle/body of laws considered as derived from nature, right reason, or religion and as ethically binding in human society. *Laws above man*

cloture

A procedure for terminating debate, especially filibusters, in the Senate. 60 members of the Senate must vote to terminate the debate (*Rule of 60*).

regional primary

A proposal by critics fo caucuses and presidential primaries to replace these electoral methods with a series of primaries held in each geographic region. Example: Super Tuesday

adjournment

A putting off or postponing of proceedings; an ending or dismissal of further business by a court, legislature, or public official—either temporarily or permanently.

omnibus bill

A single document that is accepted in a single vote by a legislature but contains amendments to a number of other laws or even many entirely new laws.

city-state

A small independent state consisting of an urban center and the surrounding agricultural territory.

Hopper

A special box on the side of the clerk's desk, where US Representatives place a bill in to introduce it. Located in the House of Representatives

rational basis test

A standard developed by the courts to test the constitutionality of a law; when applied, a law is constitutional as long as it meets a reasonable government interest.

majority opinion

A statement that presents the views of the majority of Supreme Court justices regarding a case

dissenting opinion

A statement written by a justice(s) who disagree(s) with the majority opinion, presenting his or her opinion

bail

A sum of money that the accused may be required to post as a guarantee that he or she will appear in court at the proper time.

Federalism

A system in which power is divided between the national and state governments. Each government has its own sovereignty and the national and state governments work both independently and interdependently.

presidential system

A system of government in which the legislative and executive branches operate independently (*separately*) of each other. Must emphasize a slow and deliberate decision making process.

parliamentary system

A system of government in which the legislature selects the prime minister or president. There is no separation of powers. It holds that the legislative body has absolute sovereignty, and is supreme over all other government institutions, including executive or judicial bodies. The concept also holds that the legislative body may change or repeal any previous legislation, and so that it is not bound by written law (in some cases, even a constitution) or by precedent. This system works for Britain because in a relatively small and homogeneous community it is easier to define common good and achieve the whims of the people.

Spoils System

A system of public employment based on rewarding party loyalists and friends.

democracy

A system of selecting policymakers and of organizing government so that policy represents and responds to the public's preferences. Lincoln's Gettysburg Address definition, "government of the people, by the people, for the people."

Democratic Theory

A theory about how a democratic government makes its decisions. According to Robert Dahl, its cornerstones are: 1) Equality in voting - 1 person 1 vote 2) Effective participation -- citizens must have adequate and equal opportunities to express their preferences throughout the decision making process 3) Enlightened understanding -- a democratic society must be a marketplace of ideas; free press, free speech; citizens must be able to understand issues 4) Citizen control of the agenda-- Citizens should have the collective right to control the government's policy agenda 5) Inclusion-- the gov't must include, and extend rights to, all those subject to its laws. Citizenship must be open to all.

hyperpluralism

A theory of government and politics contending that groups are so strong that government is weakened, as the influence of many groups cripples government's ability to make policy. Is an extreme exaggerated, or perverted form of pluralism.

class/elite theory

A theory of government and politics contending that societies are divided along class lines and that an upper-class elite will rule, regardless of the formal niceties of governmental organization.

pluralism

A theory of government and politics emphasizing that politics is mainly a competition among groups, each one pressing for its own preferred policies through organized efforts.

original intent

A view that the Constitution should be interpreted according to the original intent of the Framers. Many conservatives support this view. Believe the meaning of the constitution *does not* change or evolve over time.

precinct

A voting district

State of the Union

A yearly report by the President to Congress describing the nation's condition and recommending programs and policies.

GOP

Abbreviation of Grand Old Party, a nickname for the Republican party in the United States.

political party

According to Anthony Downs, a "team of men [and women] seeking to control the governing apparatus by gaining office in a duly constituted election." Take over apparatus of gov. to make policy themselves.

lobbying

According to Lester Milbrath, a "communication, by someone other than a citizen acting on his own behalf, directed to a governmental decisionmaker with the hope of influencing his decision." People who engage in this are political persuaders who represent organized groups. They typically work in Washington and are often former legislators themselves.

defamation

Act of harming or ruining another's reputation

Lemon test

Aid to church related schools must 1) Have a secular legislative purpose 2)Have a primary effect that neither advances nor inhibits religion 3)not foster excessive government entanglement with religion.

political participation

All the activities used by citizens to influence the selection of political leaders or the policies they pursue. The most common method in a democracy is *voting*. Other means include *protest* and *civil disobedience*.

sub committee

Allow for more specific expertise within committees. Examples: Senate Foreign Relations Committee

treaty

An agreement or arrangement made by negotiation (2.2.2) President can negotiate treaties with foreign governments, although a two-thirds vote of the Senate is required for ratification.

Social contract

An agreement where we give up some of our absolute freedom and get something in return

capitalism

An economic and political system in which a country's trade and industry are controlled by private owners for profit, rather than by the state. Free enterprise society.

utilitarianism

An ethical system stating that the greatest good for the greatest number should be the overriding concern of policy makers.

House Rules Committee

An institution unique to the House of Representatives that views all bills (except revenue, budget, and appropriations bills) coming from a House committee before they go to the full House. Schedules when legislation reaches the floor. *standing committee*

Circuit Court

An intermediate federal appellate court of that covers 13 "circuits" across the US. Hears appeals from the district courts within its federal judicial circuit, as well as certain other federal courts and administrative agencies. Has appellate jurisdiction.

Speaker of the House

An office mandated by the Constitution. Chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant. Roles □ Presides over the House when it is in session □ Plays a major role in making committee assignments □ Appoints or plays a key role in appointing the party's legislative leaders and the party leadership staff □ Exercises substantial control over which bills get assigned to which committees

textualism

An originalist who gives primary weight to the text and structure of the Constitution. The text means what it would have been understood to mean by an ordinary person at the time it was written. Are often skeptical of the ability of judges to determine collective "intent." Example: Justice Antonin Scalia

political culture

An overall set of values widely shared within a society that holds American democracy together. Examples: egalitarianism, individualism, populism, laissez-faire, liberty

rider

An unrelated provision attached to a bill

senatorial courtesy

An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator of the president's party from the state in which the nominee will serve. The tradition also applies to courts of appeal when there is opposition from the nominee's state senator.

plank

Any one of the stated principles or objectives comprising the political platform of a party campaigning for election. (each individual position.)

affirmative action

Any program designed to rebalance the inequalities of history for a suspect class.

strict constructionism

Argue that the powers of the federal government must be limited to those specifically enumerated in the Constitution

Dual Judiciary

Article 3 of the Constitution sets up two types of courts: state and federal.

privileges and immunities

Article 4, Section 2 Every state must grant the same privileges and immunities to citizens of other states while in their state. Goal: Prohibit states from discriminating against citizens of other states Example: If a Texan visits CA, the Texan will pay the same sales taxes and receive the same police protection as residents of CA. Exceptions: In-state students pay lower tuition than out of state students.

Dirty Compromise

At the Philadelphia Convention, SC's delegates along with other southerners, insisted on protection for the African slave trade in the Constitution. Later the delegates gave Congress the power to regulate international and interstate commerce. SC and the South didn't want the national gov't to regulate interstate commerce because doing so could lead to export taxes that could be used to tax slave labor commodities (tobacco, rice, indigo, etc), and thus indirectly tax slavery. MA didn't want the government to regulate interstate commerce either, but didn't want to deal with slaves. The South will concede to no taxation on exports if Massachusetts agrees to not go against the fugitive slave clause. *interstate commerce* and *fugitive slave clause*

franking privilege

Benefit allowing members of Congress to mail letters and other materials postage-free

revenue bills

Bills that deal with money must originate in the House of Representatives

Common Law

British. Law based on tradition In the US, it is known as case law-- the use of past court decisions to articulate current solutions.

Habeas Corpus

Cannot be suspended unless in times of insurrection or rebellion. Roots in English Constitutionalism. Written due to Shay's Rebellion. Means that you can't be held in jail without facing legitimate charges/hearing by a judge of some kind—there is no such thing as indefinite detention without due legal process. *(1.9.2)*

incorporation doctrine

Case by case process in which the Supreme Court deems certain rights as fundamental and said rights must be honored by the states (Nationalized Rights).

inauguration

Ceremony in which the President takes the oath of office. Occurs on January 20th.

social rights

Civic rights. Rights one needs to do their political job. Examples: Freedom of speech (Roman right), one has this right so one can speak up and do what is best for society as a whole; Second Amendment

intrastate commerce

Commerce occurring within only one state which cannot be regulated by the federal government

Enlightenment

Concepts such as freedom from oppression, natural rights, and new ways of thinking about governmental structure came straight from _______ philosophers such as Locke. Montesquieu's idea about the balance of power between three branches of government.

Commerce Compromise

Congress has the power to tax imported goods but cannot tax exports from any state.

legislative oversight

Congress's monitoring of the bureaucracy and its administration of policy, performed mainly through hearings.

libertarian

Conservative who wants freedom from government (small government) (Ron Paul, Rand Paul, Ted Cruz) Government is the opposite of liberty. Free market should dominate policy making process.

criminal court

Court in which criminal trials are heard.

trial court

Court of original jurisdiction and the court where cases are first heard.

bureaucratic court

Courts in the federal bureaucracy. These are Article 2 Courts.

liberal

DOES NOT MEAN CHANGE. Focuses on a plurality of values, collective responsibility, and an emphasis on the rights of the minority or the rights of the accused. Higher priority to social needs than to military needs.

conservative

DOES NOT MEAN absence of change. Shared traditional values. Individual responsibility. Emphasis on law and order.

strict quota

Declared unconstitutional in Regents of California v. Bakke because they will inevitably lead to reverse discrimination.

executive order

Directive by the President that has the effect of law. Example: Truman desegregating the troops.

classical republicanism

Early theory of democracy that holds that the best kind of government is one that promotes the "*common good*" and the welfare of an entire society. Its characteristics include civic virtue, moral education, and small, uniform communities. Philosophy is based on the fact that man is inherently teachable and trainable.

presidential primaries

Elections in which voters in a state vote for a candidate (or delegates pledge to him or her). Most delegates to the national party convention are chosen this way.

primary

Elections that select candidates.

closed primaries

Elections to select party nominees in which *only people who have registered in advance with the party* can vote for that party's candidates, thus encouraging greater party loyalty.

open primaries

Elections to select party nominees in which *voters can decide on Election Day whether they want to participate in the Democratic or Republican contest*.

blanket primary

Elections to select party nominees in which voters are presented with a list of candidates from all the parties. *Voters can then select some Democrats and some Republicans if they like. *

third parties

Electoral contenders other than the two major parties. Rarely win elections. 3 basic varieties of these 1) parties that promote certain causes--controversial single issue (prohibition) or extreme ideological position (socialism) 2) splinter parties--offshoots of a major party (Teddy Roosevelt's Progressives & Strom Thurmond's States' Righters) 3) extension of a popular individual with presidential aspirations (Ross Perot 1992 & 1996)

iron triangles

Entities composed of bureaucratic agencies, interest/client groups, and congressional committees and subcommittees , which have dominated some areas of domestic policymaking. Characterized by mutual dependency, in which each element provides key services, information, or policy for the others. *Also known as a subgovernment*

good faith exception

Evidence obtained illegally but only as the result of an honest, legitimate mistake may still be used in a court of law.

Block grant

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services. Provide more flexibility since states and communities have discretion in deciding how to spend the money.

categorical grant

Federal grants that can be used only for specific purposes or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

Hatch Act

Federal law prohibiting government employees from active participation in partisan politics.

sine die

Final adjournment of the House or the Senate, without a fixed date for reconvening.

Zero Based Budgeting

Form of budgeting that requires that expenditures be justified for each new period and in which budgets start at zero. The head of the budgetary office will remove items from the budget that the government no longer wants to spend money on. This is a great way to cut spending but is labor intensive and does not allow the bureaucracy to engage in long-range planning.

impeachment

Formal accusation of of misconduct in office against a public official. (1.2.5) Only the House of Representatives has the power to impeach executive and judicial officials deemed unfit for office. (1.3.6) If the House of Representatives votes to impeach any civil officer, the Senate must serve as judge and jury. If two-thirds of senators vote to convict, the impeached official is removed from office.

Code Law

French. Detailed lists of rules and regulations leaving little room for interpretation. Examples: Tax codes and dress codes. Advantages: predictability and fairness

PACs

Funding vehicles created by the 1974 campaign finance reforms. A corporation, union, or some other interest group can create on of these and register it with the Federal Election Commission (FEC), which will monitor its expenditures. *These represent specific economic interests, and they only care how congressmen vote on their particular issues. Also, help fund political campaigns*

divided government

Governance divided between the parties, as when one holds the presidency and the other controls one or both houses of Congress. Example: In 2015, our president (Obama) will be a democrat, while both houses of Congress are controlled by Republican majorities.

prior restraint

Government prohibition of speech in advance of publication.

censorship

Government regulation of media content

time, place, and manner test

Government regulations that place restrictions on free speech. Speech can be limited as long as the content of the speech isn't considered (content neutral) but rather where,when, and how the speech takes place. 4 requirements must be met in order to limit speech based on this test. (1) content neutral (2) compelling public interest: need of society must be met (3) narrowly tailored: done in the least obnoxious way (4) no chilling effect: situation where a speech or conduct is suppressed by fear of penalization at the interests of an individual or group.

suspect class

Group of people who have been historically disadvantaged with evidence of that disadvantage still evident today.

Supreme Court

Has the right to check the other branches through judicial review: the right to hold actions of the other 2 branches unconstitutional. The pinnacle of the American judicial system. The Court ensures uniformity in interpreting national laws, resolves conflict among states, and maintains national supremacy in law. It has both original jurisdiction and appellate jurisdiction, but unlike other federal courts, it controls its own agenda.

Chief Justice

Head of the Judicial branch at the NATIONAL level and presides over impeachment trials

reverse discrimination

Hiring, accepting, or promoting a less qualified individual over a more qualified one. (discrimination against the majority group).

Flexibility

Idea that the Constitution has the ability to be changed over time. Formal change: amendments Informal change: Change what the constitution means without changing the words (i.e. Does commander in chief mean the same thing it does today as it did during George Washington's time?)

Neo-Liberal

Ideology more interested in foreign policy than domestic change. Change world for human rights and democracy (Woodrow Wilson).

inevitable discovery exception

If evidence obtained illegally would have been found inevitably through legal means it can still be used in a court of law.

defendant

In a criminal action, the person or party accused of an offense.

Majority Rule and Minority Rights

In a democracy, choosing among alternatives requires that the majority's desire be respected while at the same time guaranteeing that the rights of the minority will not be infringed upon. Basic principles such as freedom of speech and assembly are essential minority rights which the majority cannot infringe on. Shown in the Constitution: 1) All the things the Constitution prohibits Congress from doing (bills of attainder especially) 2) difficulty in passing amendments (Article 5).

questions of law

In a lawsuit, an issue involving the application or interpretation of a law; therefore, the judge, and not the jury, decides the issue. Leads to the establishment of legal precedents. These are answered by appellate courts. Example: Does leaving a baby with a 10-year old child for 4 days fit the legal definition of child neglect?

medium scrutiny

In order to discriminate on the basis of *gender*, there must be a rational basis (test) connected to gender itself. The government must show that the challenged classification serves an important state interest and that the classification is at least substantially related to serving that interest.

in loco parentis

In place of the parents, indicating a person who may give consent for care of a child when the parents are not present or able to give consent

minority party

In the House of Representatives or the Senate, the political party to which fewer than half the members belong

majority party

In the House of Representatives or the Senate, the political party to which more than half the members belong

floor debate

In the House or Senate where members debate and vote on bills and legislation

presiding officer

In the Senate the ________ ________ is the Vice President (if he/she is present. If not it's the President Pro Tempore) In the House the _________ ______ is the Speaker of the House.

name recognition

Incumbents have an advantage over challengers in election campaigns because voters are more familiar with them, and incumbents are more recognizable.

Neo-Con

Interested in changing the world for free trade and capitalism. Also engages in foreign policy.

speech plus

Involves actions, such as demonstrating or protesting, as well as words.

judicial restraint

Judicial philosophy in which judges play minimal policy making roles, leaving that strictly to the legislatures. The Courts should let the political institutions make public policy. It is the role of Congress to make policy and the role of the president to carry it out. The court should facilitate the process rather than initiate it.

stare decisis

Latin for "Let the decision stand". Doctrine under which judges are obligated to follow the precedents established in prior decisions. Most cases reaching appellate courts are settled on this principle.

certiorari

Latin for "to be made more certain". Most common way for the USSC to put a case on its docket is by issuing on of these *formal document that calls up a case* to a lower federal or state court.

private law

Laws that are written for a specific person / group of people. (i.e. immigration legislation)

public law

Laws that have the potential to affect the general public or state - society as a whole.

target quota

Legal affirmative action, specifies a general goal for level of minorities in proportion to the majority population, but does not designate specific numbers.

amicus curiae

Legal briefs submitted by a "friend of the court" for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court's decision.

reasonable suspicion

Legal standard that requires facts or circumstances that would lead a reasonable person to believe that a suspect has, is, or will commit a crime.

bicameralism

Legislature with 2 chambers one upper (Senate) and one lower (House of Representatives).

New England Liberal

Liberal both fiscally and socially (Kennedy & Pelosi) Fiscal: taxing and spending Affirmative action and welfare

Bill of rights

Listing of protections from government. Placing this in the constitution makes it possible for our courts to be a check on the legislature. Helps to develop the habits and appreciation to become part of whom we are.

Senate

Lower House. Have 6 year terms. There are a total of 100 members (2 from each state). Must be at least 30 years old, a resident for 9 years, and a resident of the state in which they represent.

joint committee

Made up of members of both chambers and has no legislative function. Deals with few subject matter areas and used to study complicated areas and gain information. Ex: figure out laws of banking and why the economy collapses and then share it with the sole committee in each chamber.

Checks and Balances

Madison; A feature of the Constitution that limit government's power by requiring that power be balanced among the different governmental institutions. These institutions continually constrain one another's activities in order to avoid abuse of power by any one branch.

Separation of Powers

Madison; A feature of the Constitution that requires each of the three branches of government—legislative (Congress), executive (president), and judicial (courts)—to be relatively independent of the others so that one cannot control the others. Power is shared among these 3 institutions.

committee system

Members of Congress are assigned to committees to investigate the merits and problems with suggested bills, sometimes holding public hearings to learn more before sending it to the full House or Senate for debate and a vote.

power of the sword

Military coercion. The essence of government is coercion and to make those people who will not perform their duties, perform those duties or suffer some other . (presidential power)

Gramm Rudman Hollings Act

Named for its sponsors and also known as the Balanced budget and Emergency Deficit Act, legislation mandating maximum allowable deficit levels each year until 1991, when the budget was to be balanced. In 1987, the balanced budget year was shifted to 1993, but the Act was abandoned in 1991. The Act forced Congress to reduce the deficit by $36 billion a year, for 5 years.

Bill of Attainder

Neither Congress nor the States can do this and it has its roots in English Constitutionalism. A law that declares that certain people are guilty of a crime and then imposes some kind of punishment upon them without the person having a trial.

ex post facto

Neither Congress nor the States can do this and it has its roots in English Constitutionalism. Law that retroactively criminalizes a certain act after it has already been committed. In other words, it would allow a person to be prosecuted for doing something that wasn't actually illegal yet at the time they did it. *ONLY APPLIES TO CRIMINAL NOT CIVIL ACTS.*

titles of nobility

Neither Congress nor the states can give these out. Congress/ States cannot give anyone any titles such as king, prince, earl, baron, duke etc.

symbolic speech

Nonverbal communication, such as burning a flag or wearing an armband. USSC has accorded some protection for this under the 1st Amendment.

President Pro Tempore

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

Roman Law/ written law

Once laws are made available to you, you cannot claim ignorance.

Associate justice

One of the eight justices of the Supreme Court who are not the chief justice Current ones: Antonin Scalia, Stephen Breyer, Ruth Bader Ginsburg, Elena Kagan, Sonya Sotomayor, Clarence Thomas, Anthony Kennedy, Samuel Alito.

patronage

One of the key inducements used by political machines. Is a job, promotion, or contract given for a political reason rather than for merit or competence alone.

standing

One should be directly harmed or affected by something in order to file suit.

concurring opinion

Opinions written by justices who support a majority decision but also want to stress a different constitutional or legal basis for the judgment.

interest group

Organization of people with shared policy goals entering the policy process at several points to try to achieve those goals. Pursue their goals in many arenas.

political institution

Organizations which create, enforce, and apply laws; that mediate conflict; make (governmental) policy on the economy and social systems; and otherwise provide representation for the populous. Examples: political parties, trade unions, and legal courts

stray cats and dogs

Parliament would say this before they adjourn. Basically, asks members if there are any other issues that need to be addressed/discussed.

due process

Part of the 14th and 5th Amendment that guarantees that people cannot be deprived of life, liberty, or property by the federal or state governments.

establishment clause

Part of the 1st Amendment stating that Congress shall make no law respecting an establishment of religion.

whips

Party leaders who work with the majority leader or minority leader to count votes beforehand and lean on waverers whose votes are crucial to a bill favored by the party.

Pendelton Act

Passed in 1883, an act that created a federal *civil service* so that hiring and promotion would be based on merit rather than *patronage*.

NJ Plan

Plan proposed by William Paterson at the constitutional convention that called for equal representation of each state in Congress.

Civil Rights

Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals. These are collective rights (think Civil Rights Movement, Women's Rights Movement, and other movements)

Reserved Powers

Political powers that are not enumerated or prohibited by the US Constitution, but instead are reserved by the Constitution for the people or the states. (See the 10th Amendment)

Cooperative Federalism

Powers and policy assignments are *shared* between states and the national government. They may also share costs, administration, and blame for programs that work poorly. *Marble Cake Federalism* (mingled responsibilities and blurred distinctions between the levels of government). Involves: shared costs, federal guidelines, shared administration

concurrent powers

Powers held jointly by the national and state governments. i.e. taxing and spending

implied powers

Powers of the federal government that go beyond those enumerated in the Constitution. These powers are typically related to powers already enumerated in the Constitution. (1.8.18)

Enumerated/Expressed powers

Powers specifically addressed in the Constitution, for Congress, these powers are listed in Article I Section 8, and include the power to coin money, regulate its value, and impose taxes.

Chief Legislator

President can... --Present information on the state of the union to Congress --Recommend legislation to Congress --Convene both houses of Congress on extraordinary occasions --Adjourn Congress if the House and Senate cannot agree on adjournment --Veto legislation (Congress may overrule with a 2/3 vote of each house)

Chief Jurist

President can... --Grant reprieves and pardons for federal offenses (except impeachment) --Nominate federal judges, who are confirmed by a majority of the Senate

Chief Diplomat

President can.... --Make treaties with other nations, subject to the agreement of 2/3 of Congress --Nominate ambassadors, with the agreement of majority of the Senate --Receive ambassadors of other nations, thereby conferring diplomatic recognition on other governments --Negotiate executive agreements with the heads of foreign governments (these do not require Senate ratification)

CEO

President... --"Take care that the laws be faithfully executed" --Nominate officials as provided for by Congress and with the agreement of a majority of the Senate --Request written opinions of administrative officials --Fill administrative vacancies during congressional recesses

Party Leader

Presidents... --Lead their political party and create psychological bonds with his party congressman so that the congressmen avoid embarrassing "their" administration. --Hopes to persuade party's congressmen to vote for his/her respective legislation --Creates the party's platform at the national convention

order of succession

Previously: President->VP->Congress decides *(2.1.6)* Today: President -> VP-> Speaker of the House -> President Pro Tempore-> Secretary of State *(25th Amendment)*

reapportionment

Process by which representative districts are switched according to population shifts, so that each district encompasses approximately the same number of people.

entitlements

Programs that classify a group of people to be entitled to a certain benefit. Examples: □ Subsidies □ Social Security (used to remove senior citizens from the work force so more jobs are available to the younger generations; national insurance against senior citizen poverty) ○ These make up 50-55% of the federal budget

Great Compromise

Proposal by Roger Sherman and William Johnson. Established the Senate--2 members from each state--and the House of Representatives--representation based on the population of each state. Gave more power to people who lived in small states. Also known as the Connecticut Plan.

Opinion Dike

Public opinion keeps political leaders from straying too far from acceptable parameters given by the public. Politicians that decide to promote public policy that differs from mainstream public opinion tend to face opposition.

de jure

Racial segregation that is required by law

de facto

Racial segregation, especially in public schools, that happens "by fact" rather than by legal requirement. For example, often the concentration of African-Americans in certain neighborhoods produces neighborhood schools that are predominantly black, or segregated in fact, although not by law

loose constructionism

Reason the Constitution "implied" the power to use whatever means were "necessary and proper" to carry out its enumerated powers. Government can do anything as long as the Constitution does not prohibit it.

minimum scrutiny

Reasonableness standard applies to *K-12, juveniles, and prison inmates*. The government need only show that the challenged classification is rationally related to serving a legitimate state interest.

rule of four

Requirement that a case can only be heard by the Supreme Court if a minimum 4 justices vote to hear the case.

jus sanguinis

Right of blood. Citizenship is not determined by place of birth but by having one or both parents who are citizens of the state

executive privilege

Right of the President to withhold information from other government branches to preserve confidential communications within the executive branch or to secure the national interest.

jus soli

Right of the soil. Birthright citizenship. Nationality or citizenship can be recognized to any individual born in the territory of the related state

Natural Rights

Rights inherent in human beings, not dependent on governments which include life, liberty, and property. The concept was central to English philosopher John Locke's theories about government and was widely accepted among America's founders.

fundamental rights

Rights that are so important that due process cannot happen without them. Example: Incorporated Rights

political rights

Rights that one has due to their citizenship. One has these rights because they are a member of the social contract. Examples: Ability to vote, serve on juries, and join the militia.

Iron Law of Oligarchy

Robert Michaels: due to human nature, people will fight for power until we have an oligarchy. Power will land in fewer and fewer hands.

Jim Crow

Segregational laws. The laws relegated blacks to separate public facilities, school systems, and restrooms.

special interests

Set of groups seeking a particular benefit for themselves in the policy process.

citizen

Someone who votes for integrity for what they think is best for everyone and vote without ambition. Entitled to fundamental rights (necessary in order to have due process), constitutional rights (rights included in a social contract), and *political rights* (engage as a member of society).

enemy combatant

Someone who, in the eyes of the federal government had actively supported terrorists organizations. By law- these people can be detained by the US until the end of the "war"

slander

Spoken defamation; False and malicious oral statements about someone

Civic Education

Teaching knowledge, skills, and dispositions to make citizens willing to sacrifice themselves for the common good.

select committee

Temporary committee that deal with issues that come up and that Congressman don't think will last for long. Examples: juvenile delinquency, gang violence, and the Watergate Investigation

Bully Pulpit

Term coined by Teddy Roosevelt to describe the presidency. This is a good position from which to inspire Congress and the nation, with the help of the media to follow his political agenda. If used correctly, could potentially shift the opinion dike. Example: FDR's fireside chats, Obama's televised State of the Union Address...

District Court

The 91 federal courts of original jurisdiction. They are federal courts in which trials are held and in which juries may be impaneled. The jurisdiction of these courts extend to the following: 1) federal crimes 2)civil suits under federal law 3) civil suits between citizens of different states where the amount in question exceeds $75,000 (*diversity of citizenship*) 4)Supervision of bankruptcy proceedings 5) Review of the actions of some federal administrative agencies 6) Admiralty and maritime law cases 7)Supervision of the naturalization of aliens.

House Ways and Means Committee

The House of Representatives committee that, along with the Senate Finance Committee writes the tax codes, subject to the approval of Congress as a whole. It is a standing committee.

Chief Economic Planner

The President is responsible for planning the economic policies of the government, which includes submitting a federal budget.

Crisis Manager

The President must be able to handle crisis and make difficult decisions quickly. It is the President's responsibility to act as a policymaker, coordinator of resources, and point person during a variety of natural and man-made disasters that might befall the people of the state during his/her tenure.

living evolving constitution

The US Constitution evolves, changes over time, and adapts to new circumstances, without being formally amended

line-item veto

The ability to veto only certain parts of a bill while allowing the rest of it to pass into a law. It is unconstitutional for the president to do this (Clinton v. NY); however, most governors have this ability.

Expatriation

The act of abandoning one's country and giving up (renouncing) citizenship (legal process).

pardon

The action of an executive official of the government that mitigates or sets aside the punishment for a crime.

human rights

The basic rights to which all people are entitled as human beings (natural rights)

political efficacy

The belief that one's political participation really matters—that one's vote can actually make a difference.

policymaking institution

The branches of government charged with taking action on political issues. The US Constitution established three of them --Congress, the presidency, and the courts. Today, the power of the bureaucracy is so great that most political scientists consider it a fourth.

linkage institution

The channels or access points through which issues and people's policy preferences get on the government's policy agenda. In the US, elections, *political parties*, *interest groups*, and the *mass media* are the three main ones.

Executive Office of the Presidency

The cluster of presidential staff agencies that help the president carry out his responsibilities. Currently the office includes the Office of Management and Budget, the Council of Economic Advisers, National Security Agency, and several other units. Always includes: Department of Homeland Security, Department of Justice, and Department of Defense. Typically, the vice president is included but he/she doesn't have to be.

public opinion

The collective opinion of many people on some issue, problem, etc., especially as a guide to action, decision, or the like.

power of the purse

The constitutional power of Congress to raise and spend money. Congress can use this as a negative or checking power over the other branches by freezing or cutting their funding.

judicial minimalism

The court will only hear the cases that it feels it has to hear. More restraint than judicial restraint itself. Belief that the USSC shouldn't hear cases unless it's absolutely needed. Roberts Court is the first court to utilize this. Roberts Court only hears around 65 cases a year rather than the previous 100+ cases the preceding courts heard.

Delegated Powers

The different *powers granted* respectively to each of three branches of government—executive, legislative, and judicial.

Declaration of Independence

The document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain. (See your notes on the 5 elements/origins of this)

Articles of Confederation

The first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. Established a national legislature, the Continental Congress, but most authority rested with the state legislature.

independent executive agencies

The government not accounted for by cabinet departments, government corporations, or independent regulatory agencies. Its administrators are typically appointed by the president and serve at the president's pleasure. Examples: GSA, NASA, CIA, NSF

Limited Government/Constitutionalism

The idea that certain restrictions should be placed on government to protect the natural rights of citizens. (LOCKE) 1) Governments must provide standing laws so that people know in advance whether their acts will be acceptable. 2) "The supreme power cannot take from any man any part of his property without his consent."

government

The institutions and processes through which public policies are made for society.

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

appellate jurisdiction

The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved.

Civil Liberties

The legal constitutional protections against government. Formally set down in the Bill of Rights although the courts, police, and legislatures define their meaning.

committee chair

The most important influencers of the congressional agenda by scheduling hearings, hiring staff, appointing subcommittees, & managing committee bills. Must be a member of the majority party.

beltway

The politically influential people who work inside the highway that surrounds Washington DC.

eminent domain

The power of the government to take away property for public use as long as there is just compensation for property taken

Gate Keeping

The power of the media to determine which news stories are covered and which are not.

Head of State

The president is a unifying feature that brings the nation together.

majority leader

The principal partisan ally of the speaker of the House or the party's wheel horse in the senate. Responsible for scheduling bills, influencing committee assignments, and rounding up votes in behalf of the party's legislative positions.

political socialization

The process a person goes through to learn political culture (political knowledge, feelings, and evaluations). Influences: parents, education, peers, media, religion, region

politics

The process by which we select our governmental leaders and what policies those leaders pursue. Produces authoritative decisions about public issues.

Virginia Plan

The proposal by Edmund Randolph (created by Madison) giving each state representation in Congress based on the state's share of the American population.

libel

The publication of false statements that are malicious and damage a person's reputation. (*written defamation*)

frontloading

The recent tendency of states to hold primaries early in the calendar in order to capitalize on media attention. States that hold early primaries/caucus (i.e. Iowa and New Hampshire) have a disproportionate amount of influence in selecting presidential nominees.

Leader of the Free World

The role of the president as leader of all of the world's democratic states and to negotiate on more than just the behalf of the United States. President must try to lead America's allies on matters of both economics and defense.

exclusionary rule

The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. Rule prohibits the use of evidence obtained through unreasonable search and seizure.

ranking member

The senior committee member from the minority party. Helps organize the opposition and reach compromise.

preponderance of evidence

The standard of proof in a civil case in which a judge or jury must believe the plaintiff's story and evidence is stronger than the defendant's version.

national convention

The supreme power within each of the parties. Meets every four years to nominate the party's presidential and vice-presidential candidates and to write the party's platform.

Delegate Model

The view that an elected represent should represent the opinions of his or her constituents.

plurality election

The winning candidate is the person who receives more votes than anyone else, but less than half the total.

Alignment-Realignment Theory

Theory by *Walter Burnham* based on the premise that some elections have more important long-range consequences for the political system than others. A critical event occurs, i.e. Vietnam War, that leads to a critical realignment in which an abrupt coalitional change occurs among the mass-based electorate. Sometimes there are secular realignments in which there is a gradual change in voter coalitions these are not preceded by a critical event. These critical realignments are associated with short-lived but very intense disruptions of traditional patterns of voting behavior. Voter turnout is unusually high during critical elections. Supreme Court Chief Justices serve approximately 20 years and their respective courts (i.e. Warren, Burger, Rehnquist, Roberts, etc.) are reflections of this theory. As technology progresses these new alignments will occur much faster.

constitutional rights

These rights are a product of our social contract. Some of these are in the constitution and are a protection against the government (Bill of Rights). While others are in the penumbra of rights (right to privacy)

Popular Sovereignty

This principle states that the source of governmental power lies with the people. This belief stems from the concept of the social contract and the idea that government should be for the benefit of its citizens. If the government is not protecting the people, it should be dissolved.

incumbents

Those already holding office. In congressional elections, they usually win.

formal institution

Those institutions that are framed in the constitution- legislative (congress), executive (president), judicial (courts).

negative rights

Those rights that prohibit government from acting in certain ways; rights that are not to be interfered with. Example: In education, students have a protection from being indoctrinated by the government.

positive rights

Those rights that require overt government action. Examples include and are not limited to public education (state must provide a student curriculum), medical care, old age pensions, food, or housing

Denationalization

To deprive of the rights and privileges of citizenship or of naturalization. Naturalized citizen who became naturalized through fraud and deception. Came into the US illegally (fraud) and as a result their citizenship is renounced.

Super Tuesday

Typically the first Tuesday of March when several Southern States hold their primaries to increase their elections season influence.

House of Representatives

Upper House. Have 2 year terms. There are a total of 435 members (based on population). Must be at least 25 years old, a resident for 7 years, and a resident of the state in which they represent.

originalism

What did the Constitution mean to the people who were alive when it came about.

State of nature

Where there are no formal laws or government. The laws of nature govern people; laws are determined by people's innate moral sense.

per curiam

a brief unsigned statement of a Supreme Court decision. USSC focuses on who wins and loses without much reasoning as to why.

unitary government

a centralized government in which all government powers belong to a single central agency

veto

a constitutional right to reject a decision or proposal made by a law-making body.

cabinet

a group of presidential advisers not mentioned in the Constitution, although every president has had one. Today, it is composed of 14 secretaries and the attorney general.

nation

a large aggregate of people united by common descent, history, culture, or language, inhabiting a particular country or territory

delegate

a legislator who mirrors the preferences of his or her constituents

trustee

a legislator who uses his or her best judgement to make policy in the interests of the people.

state

a nation or territory considered as a an organized political community under one government

country

a nation with its own government, occupying a particular territory.

litigants

a person engaged in a lawsuit

Resident Alien

a person from a foreign nation who has established permanent residence in the United States, but who has not completed the naturalization process.

bill

a proposed law, drafted in precise, legal language. Anyone can draft one of these, but only a member of the House of Representatives or Senate can formally submit one for consideration.

alien

a resident born in or belonging to another country who has not acquired citizenship by naturalization. Have fundamental rights and constitutional rights, lack *Political rights*. Resident _____ cannot vote, run for office, travel freely, or serve on juries. They also must report their whereabouts to the government.

seniority system

a simple rule for picking committee chairs. The member who Had served on the committee the longest and whose party controlled Congress became the chairman.

filibuster

a strategy unique to the Senate whereby opponents of a piece of legislation try to talk it to death, based on the tradition of unlimited debate. Today, 60 members present and voting can halt them.

Dual Federalism

a system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. *layer cake* Example: The national government has exclusive control over foreign and military policy, the postal system, and monetary policy. States are exclusively responsible for schools, law enforcement, and road building.

bad tendencies test

a test *pre-clear present danger* which permits restriction of freedom of speech by government if it is believed that a form of speech has a possibility/tendency to produce a negative social outcome.

search warrant

a written authorization from a court specifying the area to be searched and what the police are searching for.

casework

activities of members of Congress that help constituents as individuals; cutting through bureaucratic red tape to get people what they think they have the right to get.

courts of appeal

appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies.

implicit contract entrance

born into it. Chosen by default (i.e. citizenship)

adversarial court system

contest between opposing sides, jury decides verdict, what we use in America

respondent

defendant in a lawsuit, especially one in an appeals or divorce case

congressional staffers

employees of the United States Congress or individual members of Congress. Handle casework for the congressman among other things.

republic

form of government in which the people select representatives to govern them and make laws. Madison says this refines the public will.

Amendment

formal change to the Constitution

liberty

freedom of choice

plutocracy

government by many or all

anarchy

government by none. State of confusion

gerrymandering

manipulation that concentrates the support of one party or one group of people in one district and dilutes their support throughout a number of other districts.· It essentially deals with how political parties decide how districts are drawn on a map. Draw boundaries to their advantage; manipulating election results

critical mass

minimum number of a demographic need so people can retain their individuality rather than be required to carry the weight of their whole demographic.

Natural Rights social contract

needs of individual over that of society (Hobbs and Locke)

compelling public interest

needs of society or a good reason to limit speech or religious practice

classical republicanism social contract

needs of society over that of the individual (Cicero/Plato)

tacit contract entrance

no rite of passage--over time you are accepted along with all the benefits and consequences (i.e. making friends)

standing committee

permanent committees that take place in both the House or Senate and have legislative and oversight functions.

appellant

person who appeals to a higher court for a reversal of the decision of a lower court.

social conservative

places emphasis on shared traditional values (Samuel Alito). Pro-life. Prohibiting stem cell research.

explicit contract entrance

point in time where one is in/not in; oath; signing a contract (i.e. naturalized citizen)

Rule of Law

principle that the law applies to everyone, even those who govern

constituency

the body of voters who elect a representative for their area

clear and present danger

the government can suppress speech that may lead to violence or unlawfulness. Every act depends on the circumstances in which it is done, speech that may be allowable during peacetime isn't always allowable during wartime.

quorum

the minimum number of members of an assembly or society that must be present at any of its meetings to make the proceedings of that meeting valid.

minority leader

the principal leader of the minority party in the House of Representatives or in the Senate.

probable cause

the situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, police are allowed legally to search for and seize incriminating evidence.

Horse Race Coverage

the tendency of the media to report on an election campaign as if it were a horse race, i.e., who is ahead, who is behind, who is gaining ground.

pure speech

verbal expression of thoughts and opinions before a voluntary audience

fighting words

words that "inflict injury or tend to incite an immediate breach of the peace"--are not protected under 1st Amendment free speech. These words are so hateful and heated that there is no other possible action aside from violence.

agency contract

you can exit/leave the contract (LOCKE) Example: citizenship

alien contract

you can never leave the contract (Hobbs) Example: secession