AP GOV EXAM (THE BIG BOY SET)
The United States Supreme Court was designed to be
"the least dangerous branch." This did not last long. Chief Justice John Marshall changed the Court's trajectory in the case Marbury v. Madison (1803). Marshall wrote in his opinion that the Court had the authority to "say what the law is." Judicial review allows the Court to do more than apply the law its ultimate duty is to say what the law means.
penny press
$0.01 ex. NY Sun in 1830s nonpartisan relied on ads and circulation for a profit politically independent not very respectable because focused on scandal for entertainment ex. 1811 children born out of wedlock or shot gun weddings
buckley v valeo
(1976) upheld federal limits on campaign retributions and struck down a portion of the FEC Act, thus limiting the amount of money individuals can contribute to their own campaign; spending money on one's own campaign is protected free speech
Establishment Clause
(CONGRESS SHALL MAKE NO LAW RESPECTING AN ESTABLISHMENT OF RELIGION)
Anarchy
(n) a lack of government and law; confusion
Foreign Affairs Oversight: Executive vs. Congressional Power
*Executive*: wage war, negotiate treaties *Congress*: delclare war, senate ratifies treaties
Duverger's Law
*FPTP + SMD + WTA = ???* winner take all single member district first past the post
How did Jackson, Lincoln, and FDR expand the power of the presidency?
*Jackson*: first national pres, jacksonian democracy, western fronteir, egalitarian, common man, made many spoils system appointments, used veto often, reasserted supremacy of national power *Lincoln*: assumed power bc war, suspended habeas corpus, grew army, blocked southern ports *FDR*: New Deal, new bureaucracy
establishing president's power (1780-1809)
*washington* estabished: federal supremacy, use executive to collect taxes (ex. put down whiskey rebellion), cabinet, cheif executive in foreign affairs, denied senate a role in negotiations treaties, use of inherent powers *adams* had poor relationship=division and creation of parties *jefferson* used party system to cement strong ties with congress; used inherent powers for LA purchase
Unitary System
- what the Framers hoped to avoid local and regional governments derive all their power from the strong national government found in Great Britain Framers made both national and state governments accountable to people under federalism because they feared a strong tyrannical ruler
Because states held all the power at the time of the Constitutional Convention, Framers felt no need to list and restate the powers of the states as they did for the national government but,
-*set up elections* -limited Congress from limiting the *slave trade* before 1808. -*appoint electors* *privileges and immunities clause*
Stage 2 of a bill
*NOW I GO TO THE HOUSE OF REPRESENTATIVES, AND THEY VOTE ON ME. THEN I GO TO THE SENATE AND THE WHOLE THING STARTS ALL OVER AGAIN.* -House/Senate floor debate -Before house debate, House RUles comm puts it on calendar (House budget bills don't go here) -House RUles Comm decides what amendments can be attached --House can use Comm of the Whole -Senate for the floor debate. debate is different. fewer members. bills tend to be held up in senate
Stage 3 of a bill
*OFF TO THE WHITE HOUSE WHERE ILL WAIT IN A LINE WITH A LOT OF OTHER BILL FOR THE PRESIDENT TO SIGN* -When both houses approve -conference comm irons out differences (bill can die here) -if compromise is reached, bill is sent to both houses for final vote -president
coattails
*SUCC*essful presidential candidates usually carry into office the congressional candidates of the same party in same election (means pretty strong mandate) year (less pronounced in midterm elections). eisenhower brought the wrong party into office :/
Stage 1 of a bill
*WELL NOW IM STUCK IN COMMITTEE AND I'LL SIT HERE AND WAIT* -Speaker refers bill to a committee -Sub committee (can hold hearings or not) (hearings are open to public for transparency (sunshine)) -Bill revised in subcomm and a vote for approval -Returned to full comm and vote -Sent to House or Senate floor
Specific National Powers
*coin* money conduct *foreign relations* regulate *commerce* provide *defense* declare and conduct *war* establish a *national court system*
Hobbes, Locke, and a Social Contract Theory of Government
--Devising National Government in the American Colonies --Social contract theory --Right of revolution exists if government is not serving the purpose for which it was created. --Agreeing on social contract, disagreeing on form of government
Independent Regulatory Commission
*created by congress *outside of cabinet depts to regulate a *specific economic interest*. usually deal with complex issues that congress and courts do not have time to address supposed to be *nonpartisan* ex. National Labor Relations Board, FED, FCC, SEC, OSHA headed by a *board 5/7 members,selected by pres, confirmed by senate, fixed staggered terms*
Constitution
*document establishing the structure, functions, and limitations of a government* short, written, general, and entrenched US has the oldest and most successful
Political Ideology:
*set of values and beliefs about the purpose and scope of government* basic values of a party, class, group, etc big examples are conservative, liberal, or, increasingly libertarian, Moderates
Specific concurrent powers
*tax* *borrow* money *est courts* *make and enforce laws* *charter* banks and corporations *spend money* for general welfare *take private property* for public with compensation
1st Amendment
"RAPPS", CIVIL LIBERTIES, ESTABLISHMENT CLAUSE, FREE EXERCISE CLAUSE
inoculation ads
"an attack unanswered is an attack agreed to" supposed to coutneract an ad position before it comes about
Declaration of Independence
--Drafted by Jefferson in 1776 proclaimed right of the colonies to separate from Britain --Reasons for independence --as a Southerner, Jefferson was added for balance borrowed heavily from Locke's Two Treatises of Government --social contract theory - idea that government exists based on the consent of the governed. peopled agree to leave the state of nature and set up a government largely for the protection of property property includes life, liberty, and material possessions --Also, those who give their consent to be governed have the right to resist or remove rulers who deviate from those purposes --rebellion is the ultimate sanction against a government that violated the rights of its citizens
How Do Demographics Influence American Politics?: High Expectations for Government
--For much of history, state governments > national governments --low expectations for national government --Starting in 1930s, federal government played active role in economy --people looked to government for solutions --Politicians promise more than they can deliver
Key events that switched people's political opinion
--Nixon's resignation --Clinton's impeachment --9/11 --Military campaigns prompt patriotism
Social Contract Theory
--People are free and equal by God-given right and this gives people right to give their consent to be governed. --Transition from a state of nature to a political society --In order to live in a way so all people can enjoy their natural rights, people must agree to live under a government and give it power to make and enforce laws. --People must give up something, as with all contracts --People give up the absolute right to do anything he or she has the right to do in a state of nature. In return, everyone receives security that can be provided by government.
Article 6
--Supremacy clause: --national and state officers and judges are bound by national law and take oaths to support the federal constitution above all --Preemption --No religious test shall be required for hold any office
New Federalism
-1980-2001 ("Reagan Revolution") -Return powers to state government -Reagan argued categorical grants were imposing priorities on the states. Liberals thought the grants were effective in raising services to poor etc. -Reagan proposed tax cuts -Return to laboratory states for democracy (tested by states and used in others)
Identify two ways party leadership in Congress can influence the legislative process
-Assignment of members to committees -Assignment of committee chairs -Scheduling -Agenda-setting (Rules Committee) -Whips and counting votes -Party discipline -Leadership use of media -Recognition on floor
Grants in the 1950s and 1960s
-FDR sent money to the state for public works for New Deal -WWII brought more federal money
How Do Demographics Influence American Politics?
-Interpretation of American Dream has a role in expectations -competition among news to break a story leads to negative, sensational, and extremes -Remaining upbeat can be tough with scandal
Identify one power that is unique to the House of Representatives and explain why the framers gave the House that power
-Originate revenue bills, House is closer to the people -Impeach, being closer to the people is important in deciding if an official should be impeached or more responsive with shorter terms -Break tie or deadlock at electoral college, the chamber closest to the people
Identify two advantages the majority party in the United States House of Representatives has in lawmaking
-Speaker will most likely be from the majority party and can exert influence over debate and scheduling in house -Each standing committee will be made up of more members of the majority party, so the debate in the committee will be dominated by majority party -Each committee chair will be from the majority party, so scheduling hearings and testimony will be under his/her purview.
Faction
-The greatest threat to individual liberty would therefore come from factions within the government, who might place narrow interests above broader national interests and the rights of citizens -Tyranny of the majority If the majority rules (especially in a direct democracy), what is to stop it from expropriating the minority, or from tyrannizing it in other ways by enforcing the majority's religion, language, or culture on the minority?
Precedents established by George Washington
-The inaugural Addres -2 terms 4 year Having a cabinet enforcing the law staying neutral in foreign affairs
congressional control of bureauc
-create or abolish depts -approves appointments -investigatory power -power of the purse
Montesquieu
-ideas from Aristotle -separation of pwer and checks & balances
Specific State Powers
-plan elections -ratify amendments -public health, safety, and morals -powers not delegated to national -est local governments -commerce within
For proposal to amending the Constitution
1) ⅔ of members of both houses, or; 2) ⅔ of state legislatures requesting Congress to call a convention to produce amendments this second method has never been used
stages in a public opinion polll
1. determine content and wording of questions 2. selecting the sample 3. contacting respondents
votes needed to approve a bill
1/2; both houses
what does the president do with a bill
10 days to consider bill 1. sign it 2. veto it (overriden with 2/3 both hosues) 3. wait 10 days and bill dies if congress isnt in session (pocket veto) 4. wait 10 days and bill becomes law if ongress is still in session
Size/Membership of SENATE
100 Members Based on Equal Representation (NJ Plan) 52 Rep, 46 Dems, 2 Ind (both caucus with Dems)
The United States is the world's first federal system
13 independent (sovereign) states are bound together under one national government In US, there are over 87,000 different state and local governments
Amendments that altered relationship between states and national government
16th-congress enacted national income tax ($$=power=government has more power) 17th-direct election of senators by people (states no longer gave power to senators but people did)
Declaration of independence
1776 Jefferson Proclaimed right to separate with Britain Borrowed from Thomas Paine's social contract theory Right of rebellion
Articles of confederation years
1781-1789
First Continental congress
1787 All were men Mostly young Many slave-owners Elite Va plan Nj plan Great compromise
examples of realigning elections
1800-jeffersonian republicans defeated federalists 1828- jacksonian dems came to power 1860- whig party collapsed and power under lincoln because division over slavery 1896- republicans defeated WJ Bryan (D) 1932- FDR's massive coalition of previously (R) voters
Marshall Court
1801-1835 FEDERALIST DISCONTINUED PRACTICE OF SERIATIM (HE SAID JUSTICES SHOULD DECIDE AS ONE) MARBURY V. MADISON, MCCULLOCH V. MADISON, COHENS V. VIRGINIA (GROWTH OF FEDERAL SUPREMACY)
McCulloch v MD
1819 SC upheld power of national government and denied the right of a state to tax a national bank Does Congress have authority to charter a bank? Yes, because it's necessary and proper. If so, can a state tax a bank? No , because of Supremacy Clause.
Gibbons v Ogden
1824 Supreme Court upheld Congress' power to regulate interstate commerce
Dred Scott v Sandford
1857 questioning Scott's freedom because he lived in a free state. he was property so no and ruled MI Compormise unconstitutional and congress cannot ban slavery in certain areas. State power increased. Left issue of slavery to be decided by states (hastened the civil war)
Golden Age for Dems and Reps
1874-1912 prgressive and post-CWar eras, stability for parties, big city political machines - (uses tangible incentives to recruit members and high control over members - patronage)
Progressive Era
1890 TO 1920, EFFORT TO REFORM POLITICAL, ECONOMIC, AND SOCIAL AFFAIRS FOR MANY GROUPS OF PEOPLE, PARTICULARLY AFRICAN AMERICANS
Business Groups and Trade Assoc
1895 national association of manufacturing groups believed organized labor was hurting business------US chamber of commerce
Plessy v Ferguson
1896 court ruled separate but equal as constitutional
progressive era
1899-1920 political and social movement to fix social ills of alte 19th/20th century american reform number of groups explodes--like progressive party govt began to regulate business, which led to businesses creating interest groups
NAACP
1909, CONCERN ABOUT VIOLENCE, INCLUDED W.E.B DU BOIS, OSWALD GARRISON VILLARD
when did direct primaries really become common in the US as methods for selecting candidates
1920s
Era of Dual Federalism ended in
1930s with the New Deal
Baby boomers
1946-1964 major strain on entitlement programs
Dixiecrats
1948 southerners supported segregation bc DNC was abandoning segregation
fairness doctrine
1949-1985 required broadcasters to cover events adequately and present contrasting views
When did grant programs become strong
1950s and 1960s
civil rights and anti-war
1960s and 1970s huge interest in ineterest groups ACLU, NAACP, MALDF, Common Cause, Public Citizen, AARP
Baker v Carr
1962 SC decided that state controls legislative apportiontment was an area over which the court had jurisdiction (political questions doctrine) and established the principle of "one man (person), one vote" each district has to be relatively equal in population
Great Society
1964 War on Poverty Cooperative Federalism Largest use of Federal power since New Deal Grants for urban renewal, edu, poverty programs, Head Start, Job training
NY Times vs. Sullivan
1964 actual malice is needed to prove libel; publisher believed it was flase and serious doubts about it
Civil Rights Act 1964
1964; *banned discrimination in public acomodations, prohibited discrimination in any federally assisted program, outlawed discrimination in most employment*; enlarged federal powers to protect voting rights and to speed school desegregation; this and the voting rights act helped to give African-Americans equality on paper, and more federally-protected power so that social equality was a more realistic goal
NY Times Co vs. US
1972 pentagon papers case about the Vietnam War govt cannot prevent NYT from publishing Pentagon papers (classified docs stolen by Ellsberg); it would ignore first amendment prior restraint!! tests freedom of press
us v. nixon
1974 nixon forced to release evidence...resigned inherent power, not in constitution withhold info from US
Generation Y
1977 to 1994 have grown up in good times, have optimism about future
realignment every 36 years
1980? Reagan to power but was it just because he wasn't Carter? 2008? south showed signs of no longer being Republican like it was in 1972-2008
Webster v Reproductive Health Services
1989 *states can restrict abortion * from Missouri
Planned Parenthood v Casey
1992 states can require parental consent and 24 hour waiting period
Ross Perot's Party
1992 and 1996 just on federal deficit
Federal Employees Political Activities Act
1993 employees can run for office in nonpartisan elections and contributes and campaign for elections hatch act liberalized by Clinton
lobbying disclosure act
1995 defined lobbyists
US v Lopez
1995 limited national government congress cannot regulate guns within 1000 feet of public schools - it is a state authority
Clinton v. city of ny
1998 Line item veto is unconstitutional. 6 to 3 city of NY won.
the constitution's rules about the senate
2 senators per state originally elected by state legislature until 17th amendment 1/3 reelected every 2 year must be 30 yr old, resident 9 year, legal resident of state represetning upper/more esteemed body
22nd Amendment
2 terms vp can serve 10 years
Terms in the HOUSE
2 year term, elected every even year, (presidential and midterm election years), may serve unlimited terms
votes needed to override a presidential veto
2/3; both houses
votes needed to propose and amendment
2/3; both houses
votes needed to ratify an executive treaty
2/3; senate
Ralph Nader and Green Party
2000
US v Morrison
2000 congress can't offer federal remedies to victims of gender-motivated violence VA Tech it's a state issue
Bush v Gore
2000 supreme court kept a ruling from FL supreme court ordering a manual recount of ballots used a federal law to justify decision in a state issue It was a weird case becuase the court was conservative and decided liberally
McConnel v FEC
2003 SC upheld restrictions in FEC......Freedom of Speech and Press: Upheld two decisions in McCain- Feingold, including electioneering communication provisions and the "soft money" ban.
CItizens United v FEC
2010 U.S. corporations could now participate in campaigns through independent expenditures. Corporations still could not cooperate directly with candidates by giving hard money donations but they could advocate for political positions using their resources to buy media time. The Court argued that the same rights as individuals protect corporations. Opponents, however, worried that corporate money could swing electoral outcomes in ways that would advantage the privileged.
Shelby County v. Holder
2013 rolled back preclearance supreme court
McCutcheon v FEC
2014 court struck down aggregate limits on what an indiv may contribute during a 2-year period to all candidates, parties and PACs, enables greater donations
Engel v. Vitale (1962)
22 WORD NON-DENOMINATIONAL PRAYER IN SCHOOL IS UNCONSTITUTIONAL, SEPARATION OF CHURCH AND STATE
Qualifications of HOUSE
25 years old. Citizen for 7 years, live in state (not necessarily district)
how many electoral votes does a candidate need to win the presidency? plurality or majority?
270 both!
under articles ______ departments in bureauc
3 doreign affairs war treasury
Qualifications of SENATE
30 years old, citizen for 9 years, live in state
Changing population and sizedelete
4 million at time of ratification white, protestant, English speaking one representative for every 30,000 people Over 300,000,000 now one representative for every 736,000 do citizens feel far removed from national government? Does House truly represent "the people" as it did during the founding?
term
4 year with eligibility for reelection GW standardized 2 terms
Size/Membership of HOUSE
435 members, based on population (VA Plan) 241 Republicans, 194 Democrats 6 Non Voting Members (not included in 435)
Civil Rights Cases (1883)
5 SEPARATE CASES BASED ON CONVICTIONS OF PEOPLE FOUND TO VIOLATE CIVIL RIGHTS ACT OF 1883, COURT RULED THAT CONGRESS COULD ONLY PROHIBIT PRIVATE DISCRIMINATION IN PUBLIC ACCOMMODATION, REINFORCED JIM CROW, AND NEGATED 15TH AMENDMENT
electors
538 (270 to win) number of electors per state is adjusted every 10 years bc census
The Characteristics and Motives of the Framers
55 delegates selected by state legislators work done primarily behind closed doors George Washington (elected as presiding officer) wanted to keep everything under wraps tough for Ben Franklin, especially when liquor was involved at evening meals
Miranda v. Arizona (1966)*
5TH AMENDMENT REQUIRES THAT INDIVIDUALS ARRESTED FOR A CRIME MUST BE ADVISED OF RIGHT TO SILENT AND HAVE COUNSEL PRESENT
Due Process Clause
5TH AND 14TH AMENDMENTS, GUARANTEES RIGHTS FROM ECONOMIC LIBERTY TO CRIMINAL PROCEDURAL RIGHTS TO PROTECTION FROM ARBITRARY GOVERNMENT ACTION.
Provides due process protections that protect the rights of the accused
5th amendment
Terms in SENATE
6 year term, 1/3 of senate elected every 2 years (never two from the same state). May serve unlimited terms.
cloture
61 votes to end filibuster
Federalist Papers
85 articles written 1787-1788 appeared in NY papers where ratification was doubtful written by Hamilton, Jay, and Madison explanation for what framers intended for Constitution
public funds in general election
<$20 million lump-sum payment in general election sole source for campaign many refuse because they can raise more on their own third parties can too
Strict Scrutiny
A HEIGHTENED STANDARD OF REVIEW USED BY THE COURT TO DETERMINE THE CONSTITUTIONAL VALIDITY OF A CHALLENGE PRACTICE
Borked
A HIGHLY POLITICAL CONFIRMATION HEARING
Near v. Minnesota (1931)
A STATE LAW RESTRICTING SPEECH (MALICIOUS SPEECH) VIOLATED FREEDOM OF THE PRESS
Joint Committees
A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.
Providing for the Common Defense
A major weakness in Articles of Confederation President is Commander in Chief Congress can raise an army
Party Caucus
A meeting of the members of a party in a legislative chamber to select party leaders and to develop party policy. Called a conference by the Republicans.
Closed Rule
A procedural rule in the House of Representatives that prohibits any amendments to bills or provides that only members of the committee reporting the bill may offer amendments.
Search Incident to Arrest
A search is reasonable, and a search warrant is not required, if a search is conducted as an incident to a lawful arrest. Under this exception to the search warrant requirement, an arresting officer may search only the person arrested and the area within which that person might gain possession of a weapon or might destroy or hide evidence.
gender gap
A term that refers to the regular pattern by which women are more likely to support Democratic candidates. Women tend to be significantly less conservative than men and are more likely to support spending on social services and to oppose higher levels of military spending.
Pocket Veto
A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.
Loose Interpretation/Living Document
ADAPT CONSTITUTION TO MODERN DAY, DOESN'T NECESSARILY MEAN WHAT IT MEANT WHEN IT WAS WRITTEN
Missouri Compromise of 1820
ADMITTED AS A SLAVE STATE IN 1820, TITLED SENATE IN FAVOR OF SLAVERY, RULED UNCONSTITUTIONAL BY DRED SCOTT
Weeks v. US (1914)
ADOPTED EXCLUSIONARY RULE, POLICE SHOULD NOT BE ABLE TO USE FRUITS OF A POISONOUS TREE
en banc
ALL JUDGES IN A CIRCUIT WOULD SIT TOGETHER TO DECIDE THE CASE IN A MAJORITY VOTE
Emancipation Proclamation
ALL SLAVES IN STATES STILL ACTIVE IN REBELLION AGAINST US WERE FREED ON JAN 1, 1863; ONLY FREED SLAVES IN THE CONFEDERACY, 13TH AMENDMENT IN 1865 DID FREE ALL SLAVES
Nineteenth Amendment
AMENDMENT TO THE CONSTITUTION THAT GUARANTEED WOMEN THE RIGHT TO VOTE, WOMEN'S GROUPS DISINTEGRATED
Gideon v. Wainwright (1963)*
AN ATTORNEY WILL BE PROVIDED IF YOU CANNOT AFFORD ONE/are indigent
Suffrage
ANTHONY AND STANTON FORMED NATIONAL WOMAN SUFFRAGE ASSOCIATION, 15TH AMENDMENT DID NOT GUARANTEE A VOTE BUT IT GUARANTEED NO DISCRIMINATION BASED ON COLOR
Describe the debate over whether to include a Bill of Rights in the Constitution.
ANTIFEDERALISTS FEARED THAT A NATIONAL GOVERNMENT WITHOUT A BILL OF RIGHTS WOULD BE TOO POWERFUL. FEDERALISTS ARGUED THAT IT WASN'T NECESSARY. MADISON (ANTI-FED) ARGUED THAT IF RIGHTS WERE ENUMERATED, THEY WOULD BE THE ONLY RIGHTS GIVEN.
Court of Appeals and Jurisdiction
APPEALS ONLY, DC COURT HEARS DC PROBLEMS, CAN BECOME EN BANC,FIX ERRORS IN LOWER COURTS, NO NEW TESTIMONY, BRIEFS
District Courts and Jurisdiction
AT LEAST ONE PER STATE, ORIGINAL JURISDICTION, PRESENT A FEDERAL QUESTION, CIVIL SUITS OF DIFFERENT STATES OR $75K
Attitudinal Model
ATTITUDES TOWARD CASES BASED ON PARTY OF HIMSELF, PARTY OF APPOINTING PRESIDENT, LEANINGS OF JUSTICE
Jurisdiction
AUTHORITY VESTED IN A COURT TO HEAR AND DECIDE THE ISSUES IN ANY CASE
Unfinished Business Affecting the Executive Branch during Articles
Agreement about one executive Shays's Rebellion illustrated dangers of vote in hands of lower class 4 year terms instead of 7 executive could be reelected
Classical liberalism
Aim of politics to preserve idiv rights and MAXIMIZE FREEDOM OF CHOICE ex. Libertarians
Origination of revenue clause
All bills to raise revenue originate in the house but senate may propose or concur with amendments on other bills
Lemon v. Kurtzman (1971) claire
Allowed state to provide textbooks and busing to students attending private religious schools; established three part tat to determine if establishment clause is violated
populist
Also known as the People's Party, this third party, formed in 1892, played a role in left-wing politics before merging with the Democratic Party in the realigning election of 1896. It had the support of farmers, was critical of capitalism, and was allied with labor movements.
24th Amendment
Amendment to the U.S. Constitution (1964) eliminated the poll tax as a prerequisite to vote in national elections.
Universal beliefs about USA
American Dream Family Education Democracy Would rather live in USA
Logrolling
An agreement by two or more lawmakers to support each other's bills
Cup and Saucer
Analogy House=passion of people (cup) Senate responds with reason (saucer)
lame duck session
Any session of Congress that occurs after a national election and before the new Congress has convened
linkage insitution
Anything, like a political party, election, the media, or interest groups, that connects people to government is considered to be a....
major Constitutional differences between the House and the Senate
Article I, §1 terms, qualifications, representation, and election cycles between House and Senate
Guarantee Clause
Article IV The United States shall Guarantee to Every State in the Union a Republican Form of Government
Full Faith and Credit Clause
Article IV judicial decrees and contracts will be binding in other states (ex. violence against women act requireds full faith and credit tot protective orders). One state court must honor judgements of other state courts
Privileges and Immunities Clause
Article IV: Citizens of each State entitled to all Privileges and Immunities." Interpreted to limit the ability of a state to discriminate against out-of-staters with regard to fundamental right or important economic activities.
Formal Methods of Amending the Constitution
Article V sets out a two-stage amendment process proposal and ratification there are two ways to accomplish both stages
Critical years
Articles 1781-1789 Chaotic Debt from ear but congress can't require states to pay so congress coined money but so did states=chaotic Congress can't regulate congress No exec branch Poor central govt and states disobeyed treaty of Paris There was a president, JOHN HANSON
Inherent Powers
Authority claimed by the president that is not clearly specified in the Constitution. Typically, these powers are inferred from the Constitution.
Behavioral Model
BACKGROUND
13th Amendment
BANNED ALL FORMS OF SLAVERY, SOUTHERN STATES WERE FORCED TO RATIFY THIS AMENDMENT AS CONDITION FOR READMISSION TO UNION
Alien and Sedition Acts
BANNED CRITICISM OF GOVERNMENT BY FEDERALISTS
Equal Access Act
BARS SCHOOLS FROM DISCRIMINATING AGAINST GROUPS OF STUDENTS BASED ON RELIGIOUS, POLITICAL, PHILOSOPHICAL, OR OTHER CONTENT OF SPEECH
6th Amendment
BASIC REQUIREMENTS OF PROCEDURAL DUE PROCESS FOR FEDERAL COURTS TO FOLLOW IN CRIMINAL TRIALS, SPEEDY AND PUBLIC TRIAL, IMPARTIAL JURY, TRIAL IN STATE WHERE COMMITTED, NOTICE OF CHARGE, RIGHT TO CONFRONT AND OBTAIN FAVORABLE WITNESSES, RIGHT TO COUNSEL
Brady Bill
BECAUSE OF ATTEMPTED ASSASSINATION OF REAGAN, 5-DAY WAITING PERIOD ON PURCHASE OF ALL HANDGUNS
9th Amendment
BILL OF RIGHTS DOES NOT ONLY GRANT SPECIFIC RIGHTS ADDRESSED ABOUT THE PEOPLE
Tinker v. Des Moines ISD (1969)
BLACK BANDS PROTESTING VIETNAM WAR ARE PROTECTED AS SYMBOLIC SPEECH
Litigate
BRINGING SOMEONE TO COURT
Writ of Certiorari
BRINGING UP THE CASE RECORDS FROM LOWER COURTS
Federal Flag Protection Act of 1989
BURNING A FLAG IS CONSTITUTIONAL
Warren Court case that decided Congressional districts must be equal in population and initiated a new interpretation of the political questions doctrine
Baker v. Carr
Purpose of elections
Ballot>Bullet Gives govt legitimacy and fills positions Govt is accountable Winner can claim a mandate
Legislative Process
Bill passed to a house of congress; bill gets majority of votes in both houses; president can then pass bill into law or veto it. If vetoed, bill must attain 2/3 majority in both houses to become law.
State of The Union
Bully of the pulpit to influence the public Much more political nowadays
No Child Left Behind
Bush federal intrusion into local issue on edu (preemption) from supremacy clause
Supreme Court Cases that expand national power
Bush v Gore Family and Medical Leave Act in 2002
Example of measuring public opinion
Bush v Gore voters wanted a recount but Bush supporters didn't
Sedition Laws
CAN'T SPEAK AGAINST GOVERNMENT
Privacy and Homosexuality
CANNOT CRIMINALIZE PRIVATE SEXUAL BEHAVIOR
Capital Case
CASE WERE DEATH PENALTY IS POSSIBLE
Original Jurisdiction of the Supreme Court
CASES INVOLVING AMBASSADORS, MINISTERS AND CONSULS, STATES AS A PARTY, SIGNIFICANT FEDERAL QUESTION
Suspect Classification
CATEGORY OR CLASS, SUCH AS RACE, THAT TRIGGERS THE HIGHEST STANDARD OF SCRUTINY FROM THE SUPREME COURT
cheif executive
CEO of federal govt assumes successes and failures for time as pres makes pres more energetic-does it hinder other branches? appoints top positions of exec branch
Peremptory Challenge
CHALLENGE A JUROR WITHOUT CAUSE
US Attorney
CHIEF LAW ENFORCEMENT OFFICER, NOMINATED BY PRESIDENT, EACH DISTRICT HAS ONE, ARGUES ON BEHALF OF FEDERAL GOVERNMENT
Civil Law
CODES OF BEHAVIOR RELATED TO THE PROTECTION OF PROPERTY AND INDIVIDUAL SAFETY, REGULATED INVIDIUAL CONDUCT REGULATED BY STATE AND NATIONAL GOVTS, NOT A THREAT TO SOCIETY SO PEOPLE WHO FEEL THEY HAVE BEEN WRONGED MUST BRING THE CASE ON THEIR OWN
Criminal Law
CODES RELATED TO THE PROTECTION OF PROPERTY AND INDIVIDUAL SAFETY, GOVERNMENT IS PLAINTIFF
List three checks that Congress has over the judicial branch, and one the President has.
CONGRESS CAN ALTER JURISDICTION, CONGRESS CAN PROPOSE AMENDMENTS THAT MAKE PRIOR RULINGS WORTHLESS, IMPEACH FEDERAL JUDGES, CONFIRMS APPOINTMENTS
Schenk v. US (1919)
COURT *UPHELD ESPIONAGE ACT OF 1917*, SAYING CONGRESS HAD RIGHT TO RESTRICT SPEECH OF A NATURE AS TO BRING ABOUT *CLEAR AND PRESENT DANGER*
Swann v. Charlotte-Mecklenburg School District (1971)
COURT RULED ALL DE JURE DISCRIMINATION (BY LAW) MUST BE ELIMINATED
Dred Scott v. Sandford (1857)*
COURT RULED DRED SCOTT UNCONSTITUTIONAL BASED ON GEOGRAPHICAL BOUNDARIES OF SLAVERY ALSO RULED SLAVES WERE NOT US CITIZENS AND THUS COULD NOT BRING SUITS IN FEDERAL COURT
Brandenburg v. Ohio (1969)
CREATED A TEST TO REPLACE THE CLEAR AND PRESENT DANGER TEST (direct incitement test)
Equal Employment Opportunity Commission
CREATED BY CIVIL RIGHTS ACT OF 1964
Plessy v. Ferguson (1896)*
CREATED SEPARATE BUT EQUAL DOCTRINE
Stogner v. CA.
California passed a law to give police the chance to revive sexual child abuse cases if the investigation is at least one year after the report. Supreme Court overturned his indictments, saying *CA cannot retroactively extend statute of limitations for sexual abuse of minors.*
What role does population and the census play in the House?
Census Apportionment Redistricting Marginal District Majority Minority Districts
Secure the Blessing of Liberty
Citizens are free to criticize and petition government
Civil society
Citizens can debate about public policy Cornerstone of rep govt (ex. can contact your representative)
15th Amendment
Citizens cannot be denied the right to vote because of race, color , or precious condition of servitude
How Do Demographics Influence American Politics?: Redefining Expectations
Civil War and slavery and amendments, for example The Great Depression and New Deal Watergate and ethics laws 9/11 and civil liberties limits
Committee on Committees/Steering Committees
Committees formed in each party conference and responsible for nominating the party's Senators to committee membership and committee leadership positions. Nominations are subject to approval by the full party conference and to a formal vote of the Senate. decides who' on what committee and leadership
Describe historical writings that have affected public opinion.
Common sense-claimed right to revolution Fed papers-reasons for Constitution
Electoral college
Compromise in electing president Electors selected by state System of elitism
Oversight
Congress and Court have authority to oversee government behavior is within the law.
Categorical Grant
Congress appropriates money for a specific purpose (precise a formula set by national governemnt fo how states spend it)
ex post facto law
Congress may not do this. A law that punsihed people for actions that happened before the behavior was made criminal.
bill of attainder
Congress may not do this. Laws that punish people guilty of a crime and sentence them to prison without a trial.
Lovett v. US in 1943
Congress passed a rider to Wartime Urgent Deficiency Appropriation of 1943 that forbid the executive branch of paying three employees whom Congress had deemed to have committed "subversive activities." Withholding the salary as a punishment before a trial was a bill of attainder.
Congressional Oversight of Executive
Congress reviews the work of federal agencies. The Senate also has the role of approving nominees for all positions in the federal court system and the president's nominees. Budgetary process (power of the purse), Committee hearings Confirmation or rejection of political appointments, Investigations, New legislation, Legislative veto Must describe the context in which Congress uses the method to oversee the executive branch
Great compromise
Connecticut compromise Everybody gets 2 in house Popu rep in senate House originates all revenue bills Checks and balances National power > states
Interstate Compacts:
Contracts between states that carry the force of law; generally now used to address multi state policy concerns From Article 1: "No State shall, without consent of Congress enter an Agreement or Compact with another state." (Interstate Compact Clause) More common today. Over 200 of them Ex: Drivers' License Compact nationwide recognition of licenses issued in respective states Emergency Management Assistance Compact states cooperate and share resources in event of natural or man made disaster
Will third parties endure?
D and R dont want to share funding is bad media pays little attention hard to get to debates difficult to get on ballot cant win syndrome- people doont vote bc the third party wont win
Disturbance Theory
D. Truman's interest groups and resources scarce=competition
Furman v. Georgia (1972)* and Gregg v. Georgia (1976)
DEATH PENALTY ARBITRARY (FURMAN) DEATH PENALTY REINSTATED (GREGG)
Heart of Atlanta Motel v. U.S. (1964)
DID CONGRESS EXCEED COMMERCE CLAUSE BY PASSING TITLE II OF THE 1964 CIVIL RIGHTS ACT Y DEPRIVING MOTELS THE RIGHT TO CHOOSE THEIR CUSTOMERS? NO, CONGRESS CAN SAY YOU CAN'T CHOOSE CUSTOMERS
Regulating Internet Content
DIFFICULT, COMMUNICATIONS DECENCY ACT (PROHIBITED TRANSMISSION OF OBSCENE MATERIAL TO ANYONE UNDER AGE OF 18 ONLINE, UNCONSTITUTIONAL), CHILD ONLINE PROTECTION ACT (BROADENED DEFINITION OF PORNOGRAPHY, OVERRULED BY APPEALS COURT), CHILDREN'S INTERNET PROTECTION ACT (BLOCKED, PUBLIC LIBRARIES CANNOT ALLOW MINORS TO SURF WEB WITHOUT ANTI-PORN FILTERS)
superdelegates
DNC party officials (Dem Govrs, Members of House and Senate) used to give convention more stability. they are poltical pros and smart and vote for the nom w/ best chance. impact us debatable, 700 of them can change vote/committance
MOST COMMON CLAUSE TO PROTECT CIVIL LIBERTIES
DUE PROCES
Ensuring Domestic Tranquility
Debate between privacy and security Ex. Bradley Manning; Edward Snowden
Delegate Theory
Delegates see themselves as the agents of the people who elected them. They believe that they should discover what "the folks back home" think about an issue and vote that way.
One of the most important roles played by political parties is to provide voters with clear cut labels.
Democrats -liberal interests and Republicans -conservative interests. Liberals look toward making changes. Government to take an active role in the economy. Prefer the government to stay out of moral questions. Conservatives encourage government to respect the free enterprise system by staying out of the economy. Traditional values.
Inherent powers
Derived/inferred president powers
Mercantilism
Develop a country's wealth develop a commercial industry Develop a favorable balance of trade (exports exceed imports)
17th amendment
Direct Election of Senators
constitution
Doc founding structure of a govt
Rule of law
Don't break unalienable rights
Popular consent
Draw power from people
Cases under Roger Taney
Dred Scott v Sandford Plessy v Ferguson
Vetting Process
ENSURE THEY WERE QUALIFIED, THROUGH CONGRESSIONAL HEARINGS
14th Amendment
EQUAL PROTECTION, DUE PROCESS, STATES COULD NOT ABDICATE PRIVILEGES OR IMMUNITIES OF CITIZENSHIP OR DEPRIVE THEM OF LIFE, LIBERTY, PROPERTY, ADDED MALE TO CONSTITUTION FOR THE FIRST TIME
Marbury v. Madison (1803)
ESTABLISHED JUDICIAL REVIEW ON NATIONAL BASIS
Inevitable Discovery
EVIDENCE ILLEGALLY SEIZED MAY BE INTRODUCED IF IT WOULD HAVE BEEN DISCOVERED ANYWAY IN THE COURT OF CONTINUING INVESTIGATION
Trial Court
EVIDENCE, FACTS OF CASE PRESENTED
Good Faith Exceptions to Exclusionary Rule
EXCEPTIONS: UNKNOWN INVALID WARRANT, INEVITABLE DISCOVERY
8th Amendment
EXCESSIVE BAIL SHALL NOT BE REQUIRED, NOR EXCESSIVE FINES IMPOSED, NOR CRUEL AND UNUSUAL PUNISHMENT INFLICTED
direct popular election
Each vote counts nationwide - eliminates electoral college
Amendments Proposed Annually
Equal Rights Amendment Flag Burning Allow School Prayer Federal GOvernment to balance Budget
Formal Amendment Example
Equal Rights Amendment-equality given to all sexes. ratified by 35/38 states :'(
New jersey plan
Equal rep Strengthen (not replace articles) One house legislature Weaken national govt
Equal Rights Amendment
Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. 35 out of 38 needed states Introduced every year in Congress between 1923 and 1972, finally formally proposed in 1972 Still brought up every year in Congress
features of democracy
Establish justice Ensure domestic tranquility Provide for the common defense Promote the general welfare Secure the blessings of liberty
Article 2
Executive Branch four year term Electoral College qualifications for office mechanisms to replace president in case of death, disability, removal natural born citizen clause (for the president) powers of president commander in chief, make treaties with consent of Senate, make appointments state of the union-priorities, bully pulpit impeachment for "Treason, Bribery, or other high Crimes and Misdemeanors" Gives pres opportunity to be ENERGETIC for publicity
__________ grew bureaucracy the most
FDR
great depression
FDR created so many agencies to regulate business and econ. Marks shift of govt involvement, but many now consider this the govts job
bully pulpit
FDR's term for belief that he can use the media to get his message out to the public, to shape the public debate
chrono order
FECA PACs BCRA Super PACs
Voting Rights Act of 1965
FEDERAL AUTHORITY TO PROTECT RIGHT OF AFRICAN AMERICANS TO VOTE, *ELIMINATED LITERACY TESTS, CHALLENGED POLL TAXES, IMPLEMENTED PRECLEARANCE*
11th Amendment
FEDERAL COURTS COULD NOT EXTEND SUIT AGAINST A CITIZEN OF ANOTHER STATE
Three Tiered System
FEDERAL DISTIRCT COURTS, CIRCUIT COURTS, SUPREME COURT
FECA
FEDERAL ELECTION CAMPAIGN ACT huge impact on campaign finace 1971 created FEC strengthened disclosure laws bans campaign contributions from corporations and labor set up PACs-heaavily reuglated created a presidential election campaign fund
Dual System of Courts
FEDERAL LEVEL AND STATE LEVEL
Federalist and Antifederalist View on Judiciary
FEDERALISTS THINK THE JUDICIARY IS NECESSARY AND NOT DANGEROUS. THE ANTI FEDERALISTS THINK THE LIFE TERMS ARE TOO POWERFUL.
Privacy and Abortion
FETAL VIABILITY IN THIRD TRIMESTER, STATES CAN LIMIT ABORTIONS AS LONG AS THEY DON'T PLACE AN UNDUE BURDEN ON THE MOTHER
Symbolic Speech
FIRST AMENDMENT IS EXTENDED TO SYMBOLIC SPEECH
John Jay
FIRST CHIEF JUSTICE,
Bill of Rights
FIRST TEN CONSTITUTIONAL AMENDMENTS. TO PLEASE THE ANTI-FEDERALISTS. CREATED A NATIONAL UNITY. ONLY APPLIED TO NATIONAL GOVERNMENT AT FIRST. MOST STATE CONSTITUTIONS CONTAINED PROTECTIONS OF LIBERTIES ALREADY. RATIFIED IN 1791
Freedom of Information Act (FOIA)
FOIA was passed to assure that *Executive Branch agencies would be required to disclose their actions to the people upon request.* In an open democracy there is little room for secrets.
Title VII of Civil Rights Act of 1964
FORBIDS DISCRIMINATION BASED ON SEX
Rule of Four
FOUR JUSTICES MUST APPROVE TO HEAR THE CASE
Amicus Curiae
FRIEND OF THE COURT, ARGUMENTS FROM SOMEONE OR A GROUP OUTSIDE OF THE CASE
Clear and Present Danger Test
FROM SCHENCK V. US, DRAWS LINE BETWEEN PROTECTED AND UNPROTECTED SPEECH,
Exclusionary Rule
FROM WEEKS, JUDICIALLY CREATED RULE THAT PROHIBITS POLICE FROM USING ILLEGALLY SEIZED EVIDENCE AT TRIAL
Vouchers
FROM ZELMAN V. SIMMONS-HARRIS, GOVERNMENTS CAN GIVE MONEY TO PARENTS TO ALLOW THEM TO SEND THEIR CHILDREN TO PRIVATE OR RELIGIOUS SCHOOLS (AKA VOUCHERS)
Changing Family and Family Size
Families smaller changing roles within the family breadwinner and homemaker, etc more single parent households
Madison's response to the anti-fed's response to the Fed Papers
Federalist 10
Necessary and Proper Clause
Final paragraph of Article 1 congress has authority to pass all laws necessary and proper to carry out enumerated powers aka elastic clause
Autocracy
Form of government where the ruler or rulers hold total power.
Unitary Government
Framers hoped to avoid a unitary government--> local an regional governments derive all power from strong national government (ex. Britain)
ratifying conventions
Framers required all states to call special ratifying conventions to consider the proposed Constitution From fall of 1787 to summer of 1788, Constitution was hotly debated around the country many feared massive changes that new system would bring Wealthy merchants, lawyers, bankers, and those who believed new nation could not exist under the Articles of Confederation supported ratification For James Madison, the essential question was: "Whether or not the Union shall or shall not be continued
Which philosophies/philosophers helped shape American democracy?
Framers studied classical Athenian democracy and Roman republics and The Reformation and the Enlightenment and Mayflower Compact
Reason for the Constitution
Framers were looking to create mechanism to solve conflicts in orderly and peaceful manner Debate about how much freedom one has to give up in order to do that is complex Functions all outlined in the Preamble to the Constitution American colonists favored less centralized power as a reflex to the monarchy of GB
Social contract theroy
Free and equal by God-given right. Gives consent to people to be governed. Converts people to political society instead of natural state. Right of revolution exists
Personal Liberty
Free from government intrusions, as well as equal government protections "one person, one vote"
What are the basic features of American democracy?
Functions of Government - all stated in Preamble
Homeland Security
G. W. Bush after 9/11 which increased Federal Govt (bureaucracy)
New Federalism ended with _____
G. W. Bush. He campaigned to do so but 9/11 caused him to send emergency money to states to help with budget downfalls
Direct Incitement Test
GOVERNMENT CAN ONLY PUNISH ADVOCACY OF ILLEGAL ACTIVITY IF IT INCITES OR PRODUCES ILLEGAL ACTIVITY, MUCH HARDER TO PROVE THAN CLEAN AND PRESENT DANGER (from brandenburg v. ohio)
Civil Rights
GOVERNMENT PROTECTED RIGHTS OF INDIVIDUALS AGAINST ARBITRARY OR DISCRIMINATORY TREATMENT BY GOVT OR INDIVIDUALS BASED ON RACE, SEX, NATIONAL ORIGIN, AGE, RELIGION, SEXUAL ORIENTATION
Civil Rights Act of 1875
GRANTED EQUAL ACCESS TO PUBLIC ACCOMMODATION, AFRICAN AMERICANS COULD NOT BE EXCLUDED FROM JURY
Elitism
Generalization that nearly all political power is held by a small and wealthy group sharing similar values and interests mostly from privileged backgrounds In beginning, laws seemed to favor property owners. Voting was reserved for the "best and the brightest." A republican form of government was established so that the privileged class would oversee a commonwealth of the people. As time evolved, however, more and more citizens began to demand greater rights and privileges.
23rd amendment
Gives Washington DC electoral college votes as if it were a state (DC still has no representation in Congress)
Aristocracy
Government by the few who rule in general interest Aristotle made the distinction between the two terms.
Democracy
Greek: people, power Power given to people - direct Power given to people's elected representatives - indirect Greeks and Rousseau thought this form of government was not democracy
Hyperplyralism
Groups are so strong that govt is weakened
Pluralism
Groups, not the people, govern the United States Unions, trade and professional associations, environmentalists, civil rights activists, business and financial lobbies, formal/informal coalitions A good competition between groups.
Solicitor General
HANDLES ALL APPEALS ON BEHALF OF US TO SUPREME COURT
Centralized, powerful leadership
HOUSE
Emphasis on tax and revenue policy
HOUSE
Members highly specialized
HOUSE
More formal and structured debate
HOUSE
Originate all revenue bills (origination clause)
HOUSE
Represent people!
HOUSE
Jurisprudence
HOW A JUSTICE DECIDES A CASE (LIKE A LIVING DOCUMENT OR ORIGINALIST PERSPECTIVE)
Classification
HOW THE GOVERNMENT DRAWS A DISTINCTION AMONG PEOPLE, THE LAW DRAWS A DISTINCTION BASED ON A PARTICULAR CHARACTERISTIC (EX. A LAW THAT SAYS ONLY THOSE 16 AND OLDER CAN HAVE DRIVERS LICENSES IS A FACIAL CLASSIFICATION)
Roles of the President
Head/Chief of State Chief Executive Commander-in-Chief Chief Diplomat Chief Legislator Party Leader
Voting Patterns
Hispanics are overwhelmingly Dem except Cuban Amer Asian Amer are less monolithic (Chinese are Dem, Asians favor Dems 60% Rep 40%, Vietnamese are Rep) Women are Dem (Gender 5-7%) Poor vote Dem
Political efficacy
How well you can affect politics with your vote (higher efficacy = better) we want everyone to vote but turnout is low in US
Dissenting Opinions
I DISAGREE WITH THE DECISION, LITTLE LEGAL VALUE BUT REVEAL THINKING OF COURT
Nomination Criteria
IDEOLOGY, REWARDS, PURSUIT OF POLITICAL SUPPORT, RELIGION, RACE, ETHNICITY, GENDER, COMPETENCE
Super PAC
IEOC exist after citizens Citizens United case raise and spend unlimited sums for independent expenditures independent of candidates can be related to an interest group though
Warrantless Searches
IF POLICE SUSPECT SOMEONE COMMITTING A CRIME, OR ABOUT TO COMMIT A CRIME, POLICE CAN STOP AND FRISK WITH REASONABLE SUSPICION, ALSO IF CONSENT IS GIVEN
Craig v. Boren (1976)
IMPLEMENTED JUDICIALLY CREATED INTERMEDIATE STANDARD OF REVIEW A STEP BELOW STRICT SCRUTINY, CREATED A NEW TIER TO AN ALREADY TWO TIER SYSTEM
Criteria for Effective Implementation
IMPLEMENTING POPULATION MUST UNDERSTAND THE DECISION AND ENFORCE IT. CONSUMER POPULATION MUST FOLLOW THE DECISION
McDonald v. Chicago
INCORPORATED RIGHT TO BEAR ARMS
5th Amendment
INDICTMENT BY GRAND JURY,PROTECTION AGAINST SELF-INCRIMINATION, PREVENTS GOVERNMENT FROM DENYING LIFE, LIBERTY, PROPERTY WITHOUT DUE PROCESS
Fighting Words
INFLICT INJURY OR TEND TO INCITE IMMEDIATE BREACH OF PEACE
Public Opinion
INFLUENCED BY PUBLIC OPINION, INFLUENCE PUBLIC OPINION (KOREMATSU V. US, FOR EXAMPLE)
Incorporation Doctrine
INTERPRETATION OF THE CONSTITUTION THAT HOLDS THAT DUE PROCESS CLAUSE OF THE 14TH AMENDMENT REQUIRES THAT LATE AND LOCAL GOVERNMENTS ALSO GUARANTEE THOSE RIGHT
Civil Rights Act of 1866
INVALIDATED SOME BLACK CODES, FIRST CONGRESSIONAL OVERRIDE (ANDREW JOHNSON), THE ACT MADE AFRICAN AMERICANS CITIZENS OF THE US
The Reformation and the Enlightenment: Questioning the Divine Rights of Kings
Idea that fate alone gave absolute authority was challenged during the Renaissance 16th and 17th century - Protestants or Puritans rejected divine right and were persecuted
congressional budget office (CBO)
If you are not sure how accurate a bill's budgeting looks, contact the non-partisan... for more details.
congressional research service (CRS)
If you have a research question on legal issues or past precedent, contact the ...
General Accountability Office (GAO)
If you want a legal opinion about a bill or any other issue, contact the...
Necessary and proper clause
Implied powers Elastic clause The very end of article one Have congress necessary and proper power to carry out enumerated powers
Representative democracy synonym
Indirect democracy Republic
Judicial Activism
JUDGES SHOULD USE POWER TO BROADEN JUSTICE FOR EQUALITY AND PROTECTION overturn a law by and elected official
Judicial Restraint
JUDICIARY SHOULD LET OTHER BRANCHES HANDLE ISSUES CONCERNING THAT BRANCH. JUDICIARY SHOULD FOLLOW FRAMER'S INTENT. DON'T TAKE COURT SO SERIOUSLY BECAUSE THEY CAN'T ENFORCE THE DECISION. JUDGES ARE NOT ELECTED SO WHY SHOULD THEY INFLUENCE LEGISLATION? uphold a law
Original Jurisdiction
JURISDICTION TO HEAR A CASE, USUALLY A TRIAL COURT, COURTS DETERMINE FACTS AND VIEW EVIDENCE, MOST CASES END HERE
seriatim
JUSTICES GIVING OPINIONS IN A SERIES, INDIVIDUALLY
Strategic Model
JUSTICES WEIGH THEIR OPINIONS AGAINST OTHER JUDGES TO HAVE THEIR OPINION ADOPTED BY THE WHOLE COURT
Tenure
JUSTICES WILL HAVE LIFE TENURE WITH GOOD BEHAVIOR
Federalist No. 2
John Jay talks about how people are all the same (religion, government, ancestors, etc.) America is a lot more diverse today
Supreme Court was initally seen as weak until...
John Marshall
Informal Methods of Amending the Constitution
Judicial Interpretation Basic Legislation Executive Action Party Practices Custom Social and Cultural Change
Major Committees in SENATE
Judiciary, Appropriations, Foreign Affairs, Armed Services, Finance
Ratification Day of Constitution
June 21, 1788 New Hampshire was 9th/13 Massachusetts called for Bill of Rights as it ratified VA and NY had not ratified (40% of popu (Hamilton in NY and Madison in VA) NC rejected Constitution
Ratifying the Constitution
June 21, 1788, NH became the 9th state to ratify VA and NY had yet to ratify - 40% of US population Those states needed to ratify. Both eventually ratified, but also called for bill of rights Eventually, Bill of Rights was added
List some Supreme Court justices whose ideological leanings were something of a surprise.
KENNEDY AND O'CONNOR WERE MORE LIBERAL THAN EXPECTED
Litmus Test
KEY ISSUES THE PRESIDENT WOULD LIKE A NOMINEE TO AGREE WITH THE PRESIDENT ON
Actual Malice
KNOWING DISREGARD FOR THE TRUTH
Statute
LAW PASSED BY A LEGISLATIVE BODY; STATUTES GIVE FEDERAL COURTS JURISDICTION
Black Codes
LAWS DENYING MOST LEGAL RIGHTS TO NEWLY FREED SLAVES; PASSED BY SOUTHERN STATES FOLLOWING CIVIL WAR; EMPOWERED LOCAL LAW ENFORCEMENT TO ARREST UNEMPLOYED BLACKS, FINE BLACKS FOR VAGRANCY (HOMELESSNESS), HIRE BLACKS OUT OUT TO EMPLOYERS TO SATISFY FINES
Jim Crow Laws
LAWS ENACTED BY SOUTHERN STATES THAT DISCRIMINATED AGAINST BLACKS BY CREATING WHITES ONLY SCHOOLS, THEATERS, HOTELS, AND PUBLIC ACCOMMODATIONS
The Feminine Mystique (1963)
LED WOMEN TO QUESTION THEIR STATUS, BETTY FRIEDAN-
Test Cases
LEGISLATIVE CHANNELS WOULD NOT WORK SO FEDERAL COURTS AND A LONG-RANGE LITIGATION STRATEGY WERE USED. TEST CASES WERE PART OF THE LITIGATION STRATEGY, USE STRATEGIC LITIGATION TO TEST CONSTITUTIONALITY OF DISCRIMINATORY POLICY AND ESTABLISH PRECEDENT
Roe v. Wade (1973)
LIBERALIZED ABORTION LAW, BAD JUDICIAL ACTIVISM BECAUSE IT OVERTURNED SOMETHING BUT SHOULD IT HAVE LEFT THE POLICY TO OTHER BRANCHES? LIBERALIZED ABORTION, ABORTION IS LEGAL VIA RIGHT TO PRIVACY
Problems with Political Labels
Labels can be misleading Predictions about political behavior challenging
Confeseration
League of loosely aligned states
pork barrel legislation
Legislation giving benefits to constituents through sometimes unnecessary of unwise projects within a state or district, to enhance a memeber's chance of reelection. Useless things but makes a certain district happy.
Specific Checks and Balances
Legislative-confirms rejects appointments by executive (including judges); can impeach president; can override presidential veto with 2/3 Executive- can veto legislation; appoints federal judges Judicial- can declare acts of the legislative or executive branch to be unconstitutional; Chief justice presides over impeachment trial of president
Rousseau
Less centralized power like Locke Favored direct democracy Reflex to monarchy of england the Social Contract
Population is aging
Life expectancy, fertility rates all chaning What does this greying mean in terms of policy? Medicare, Social Security, etc. These changes are reflected in the labels given to different generations
Describe what went wrong in the 1936 Literary Digest poll.
Literary Digest - 2 mill responses, subscribers/telephone and automobile owners (Landon 57%, Roosevelt 43%
26th Amendment
Lowered the voting age from 21 to 18
Espionage Act of 1917
MADE IT ILLEGAL TO URGE RESISTANCE TO THE DRAFT AND TO PUBLISH ANTI-WAR LEAFLETS
Judiciary Act of 1789
MADE THE COURTS POLITICAL, ESTABLISHED THREE-TIERED SYSTEM FEDERAL DISTRICT COURTS (ONE IN EACH STATE, ONE FEDERAL JUDGE), CIRCUIT COURTS (APPELLATE, ON DISTRICT JUDGE AND TWO SUPREME COURT), SUPREME COURT (SIZE?)
List 4 ways in which the Marshall Court strengthened the power of the judicial branch/federal government.
MARBURY V. MADISON DISCONTINUED SERIATIM CAN DECLARE LAWS INVALID BROAD INTERPRETATION OF NECESSARY AND PROPER CLAUSE
Colonial Times
MILITIAS VIEWED AS THE BEST WAY TO KEEP ORDER AND PROTECT LIBERTY, MOST MEN REQUIRED ALL WHITE MEN TO KEEP AND BEAR ARMS
Selective Incorporation
MOST BUT NOT ALL OF THE PROTECTIONS FOUND IN THE BILL OF RIGHTS ARE MADE APPLICABLE TO THE STATE VIA 14TH AMENDMENT
Supreme Court and Jurisdiction
MOSTLY APPELLATE CASES, FEDERAL QUESTIONS, CONSTITUTIONAL QUESTIONS, CONFLICTS AMONG STATES, WHEN US IS INVOLVED
Federalist 10
Madison addresses Republic>Direct Democracy a large republic controls against the dangers of factions a large republic would prevent a minority from the tyranny of majority (aka forcing culture on miority). federalism adds layers of power and checks that no one majority can exist on a national scale
Federalist 51
Madison argued for separation of power pit branches against each other so they call compete for 100% power
congressional district plan
Maine and Nebraska. Candidate would get 1 elector for each district won in a state, +2 from senators for winning popular vote. Wouldn't require an amendment since states can already determine this. Redistricting v important
Implications of Demographic Changes
Many Americans think immigration is a problem States have policies on drivers licenses, etc. not the first time groups have been anti-immigrant
Roger Taney
Marshall's successor advanced dual federalism
Cases under John Marshall
McCulloch v MD Gibbons v Ogden
Citizens
Members of political community that are entitled to freedoms Duties - obey laws/constitution, vote, pay tax, military service
Era of Good Feelings
Monroe 1817-1825 no major party politics on national level but on state popu increase popular election in electroal college parties increase membership
Checks and Balances
Montesquieu' role in developing this philosophy most acts of government cannot be performed exclusively by one branch. individual liberty is protected. division of power between each branch, also two houses of national legislature and between states/national government this system minimizes threat of tyranny
Example of Federal Grants
Morrill Land Grant Act of 1862 gave each state public land for each representative in congress states could sell land and then earmark money for mechanical and agricultural colleges Texas A and M U of Ga MSU
US government mostly spends money on
Most Mandatory stuff A lot on military Least on non-military
Standing Committee
Most committees are standing committees continue from one congress to the next ("permanent") ex. house ways and means (tax) comm, house rules comm both: judiciary. finance, energy, and appropriations HOUSE has more standing committees do the work on bills
Changing demographics of the US Population
Much more racial and ethnic diversity because always an immigrant country Western Europeans fleeing religious persecution in the 1600s and 1700s Chinese laborers with Gold Rush in 1850s Northern and Eastern Europeans in 1880s to 1910s growing Hispanic/Latino populations in United States
Barron v. Baltimore (1833)
NATIONAL BILL OF RIGHTS LIMITED THE NATIONAL GOVERNMENT ONLY
Justice is Blind
NATURAL RIGHTS APPLY TO EVERYONE
scheduling of primaries
NH goes first (white and conservative. disproportionate media?) super tuesday-tradition now; began in south
will parties endure?
NO personal following- candidates can brand their campaign and pay w/o party help. weakened parties YES parties try to expand support can adapt can bounce back parties more polarized
Washington's Presidency
NO PREJUDGING, SUPREMACY OF NATIONAL GOVERNMENT
Confirmation Process
NOMINATION, INVESTIGATION BY ABA AND FBI, SENATE JUDICIARY COMMITTEE, LOBBYING BY INTEREST GROUPS, PRESIDENT'S LITMUS TEST, RECOMMENDED (OR NOT) TO FULL SENATE AND VOTE
List the ways in which the courts are political.
NOMINATIONS, CASES THAT ARE HEARD
Advisory opinion
NOT A THING, MAKES THE CASE NOT JUSTICIABLE BECAUSE THEN THE COURTS ARE MESSING WITH LEGISLATION TOO MUCH
Right to Privacy
NOT ENUMERATED IN CONSTITUTION, RIGHT TO BE LET ALONE, A JUDICIALLY CREATED DOCTRINE
Two synonyms for Enumerated Powers are:
National Power Expressed Power Implied Article 1 §8 (Necessary and Proper)
Locke
Natural rights Life, Liberty, Property are unalienable rights Government exists to protect these. Government is necessary to protect natural rights.
John locke
Natural rights that cannot be taken away (life liberty and property) Govt exists to protect rights Basis of dec of ind
Examples of Democracy in new world
New England Town Meetings Direct democracy Eventually, indirect/representative democracies
Contract with America
Newt Gingrich's (Speaker) a pledge to debate role of national government part of the devolution revolution
Constitutionality of New Deal
Nondelegation Doctrine-violated by New Deal Court had laissez-fair approach to economy and ruled them unconstitutional. FDR wanted to pack the court. Eventually Supreme COurt reversed its earlier anti-national stances, starting in 1937. ex. passing wage and child laws, upheld national labor relations act of 1935 (authorized collective bargaining among unions and employees). All of this forced governemnts to work together: COOPERATIVE FEDERALISM
Federal Question
ON CONSTITUTIONAL LAW OR INVOLVE A FEDERAL STATUTE, ACTION, TREATY
Plurality Decision
ONLY 3-4 JUSTICES AGREE, DOESN'T SET AS MUCH OF A PRECEDENT
How does the High Court decide to hear a case?
ORIGINAL JURISDICTION, SUBSTANTIAL FEDERAL QUESTION FOR APPEAL, FOUR JUSTICES HAVE TO AGREE TO HEAR THE CASE FROM THE PROCESS OF CERTIORARI, CONFLICT AMONG CIRCUIT COURTS
Civil Rights Act of 1964
OUTLAWED SEGREGATION IN PUBLIC FACILITIES AND RACIAL DISCRIMINATION IN EMPLOYMENT, EDUCATION, AND VOTING, CREATED THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
Brandeis Brief
OVER 100 PAGES OF LEGAL ARGUMENTS AND MORE NON LEGAL SOCIOLOGICAL DATA TO CONVINCE COURT
President Pro Tempore
Officer of the Senate selected by the majority party to act as chair in the absence of the vice president usually majority when vp isnt there most senior of majority usually delgated to ajunior
libertarian
One of the United States' oldest and longest-serving third parties was formed in 1971. Its platform if founded on strong individual rights and limited government. Adherents believe people's market choices should not be limited by the government, and the market should be free of government interference.
Conservatives
One thought to believe that a government is best that governs least and that big government can only infringe on individual, personal, and economic rights less government, especially in economic regulation favor local and state action over federal action emphasize fiscal responsibility domestic problems (homelessness, poverty, discrimination, for example) are best handled by private sector tend to be more churchgoing tend to favor government regulation of personal behavior abortion same-sex marriage
Committees of Correspondence
Organizations in each of the American colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against the British
Energetic President:
Our Founding Fathers feared anarchy as much as they feared monarchy. Yet they had just fought against the tyranny of King George of England. It was no surprise then that the new Constitution appeared to create a weak chief executive. The office of President, however, was given access to great potential power. That potential is found in the president's unilateral ability to execute the laws and the power to exploit public opinion. No one would deny that today's presidents appear quite powerful. The bigger question is would the Founding Fathers be surprised?
Difference between Congressional oversight and Congressional review?
Oversight-keeping tabs on the executive branch Review-congress can take a rule that the bureaucracy has passed and negate it
special interest groups
PACs, Labor, Chamber of COmmerce, colleges
Cert pool
PARTICIPANTS REVIEW THEIR ASSIGNED FRACTION OF PETITIONS AND SHARE THEIR NOTES ON THE CASES APPEALING TO THE COURT
Voting Blocs
PARTISAN GROUPS, CONSISTENTLY VOTING PARTISANLY ON CASES
DeJonge v. Oregon (1937)
PEACEFUL ASSEMBLY FOR LAWFUL DISCUSSION CANNOT BE MADE A CRIME
New York Times v. US
PENTAGON PAPERS CASE, NO PRIOR RESTRAINT
Plaintiff
PETITIONER
Judicial Review
POWER OF THE COURTS TO REVIEW ACTS OF OTHER BRANCHES
Appellate Jurisdiction
POWER TO REVISE AND REVIEW DECISION OF A LOWER COURT
10th Amendment
POWERS NOT DELEGATED TO NATIONAL GOVERNMENT ARE RESERVED FOR THE STATES
Senatorial Courtesy
PRESIDENT REFER SELECTION OF DISTRICT COURT JUDGES TO SENATORS OF HIS OWN PARTY IN THE STATE WITH A VACANCY
Prior Restraint
PREVENTS GOVERNMENT FROM PROHIBITING SPEECH OR PUBLICATION BEFORE THE FACT; GENERALLY HELD TO VIOLATE THE FIRST AMENDMENT
Precedent
PRIOR DECISIONS SERVE AS A RULE FOR SUBSEQUENT CASES
Due Process Rights
PROCEDURAL GUARANTEES PROVIDED BY THE FOURTH, FIFTH, SIXTH, AND EIGHTH AMENDMENTS FOR THOSE ACCUSED OF CRIMES
Free Exercise Clause
PROHIBITS NATIONAL GOVERNMENT FROM INTERFERING WITH THE CITIZEN'S RIGHT TO PRACTICE HIS/HER RELIGION, LAWS CANNOT INTERFERE WITH BELIEFS BUT THEY CAN INTERFERE WITH ACTIONS
Equal Rights Amendment (ERA)
PROPOSED AMENDMENT WOULD BAN DISCRIMINATION AGAINST WOMEN BY FEDERAL OR STATE GOVERNMENTS
Supremacy Clause
Part of Article VI Mandates that national law is supreme to all other laws passed by the states or by any other government. major early court case that addressed supremacy clause: McCulloch v. Maryland
Private sector
Part of Econ not under govt control
Whips
Party leaders who work with the majority leader or minority leader to count votes beforehand and lean on waverers whose votes are crucial to a bill favored by the party. elected by caucus assist major/minority leaders keep party together party-line vote and to toe party line
How Do Demographics Influence American Politics?: A Missing Appreciation of the Good
People were passionate about politics during Revolutionary period, faith in government Today, if people do not have faith in gov't, easy to blame problems on it Government touches practically every aspect of individual lives
Discharge Petition
Petition that, if signed by a simple majority of the House, will pry a bill from committee to the floor. gives *majority* the authority to bring issue to floor when committe inaction
First Continental Congress
Philadelphia 1774, 55 delegates adopted a resolution opposing Coercive Acts drafted Declaration of Rights and Resolves
Second Continental Congress
Philadelphia, 1775, decided army should be raised and Washington of VA was commander fighting had already in Lexington and Concord adopted Olive Branch Petition asked King to end hostilities...rejected
Characteristics of American Democracy
Popular Consent Personal Liberty Majority Rule Popular Sovereignty Minority Rights Civil Society Individualism Rule of Law
American political culture aspects
Popular consent Majority rule Popular sovereignty Minority rights Civil society Individualism Rule of law Political efficacy
Popular Consent and Majority Rule
Popular consent - governments draw their powers from the consent of the governed Does growing non voters threaten this?
Supremacy clause
Portion of article 5 mandating national law is supreme
Preamble
Powerful language "we the people" so government gets power from people Form a more perfect union (than articles) 5 functions of govt outlined
Inherent Powers:
Powers of the President that can be derived or inferred from specific powers in the Constitution
enumerated powers
Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.
Who appoints federal judges?
President
1973 War Powers Act
President must notify Congress in 48 Hours of battle & *Congress must approve* if in war zone for more than 30 days. (really designed to limit Nixon in Vietnam) --Pres must notify congress within 48 hours of sending troops into combat --pres must consult with congress whenever feasbile --conflicts are llimited to 60 days unless congress takes action --congress can extend time from the initial 60 days OR can withdraw troops after 60 days with adequate notification to the pres MAJOR POINT *LIMITS PRESIDENT*!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Campaign Committee
Provides campaign support to the party's congressional candidates and any other committees the legislative party may create.
Pork
Publicly funded projects secured by legislators to benefit their home districts or states. advantage to incumbent legislation that allows representative to bring money to district for public works, military
Where did Framers get ideas?
Questioned and looked to Renaissance enlightenment and reformation Influenced by social contract theory
De Facto Segregation
RACIAL DISCRIMINATION THAT RESULTS FROM PRACTICE (LIKE HOUSING PATTERNS OR OTHER SOCIAL FACTORS) RATHER THAN THE LAW
De Jure Segregation
RACIAL SEGREGATION THAT IS A DIRECT RESULT OF LAW OR OFFICIAL POLICY
Reed v. Reed (1971)
RBG ARGUED THE CASE AS DIRECTOR OF THE WOMEN'S RIGHTS PROJECT OF ACLU, STRUCK DOWN IDAHO LAW THAT GAVE MALE PARENT PREFERENCE OVER FEMALE PARENT AS ADMINISTRATOR OF DECEASED CHILD'S ESTATE
Strict Constructionist
READ CONSTITUTION CONSERVATIVELY, READ IT AS THE FRAMERS WROTE IT
Stare Decisis
RELIANCE ON PAST RULINGS OR PRECEDENTS TO MAKE NEW DECISION; MAKES CONTINUITY
Religious Freedom Restoration Act
REQUIRED STATES TO SHOW A COMPELLING RATIONALE FOR THEIR ACTIVITIES, HARDER TO INTERFERE WITH CITIZENS PRACTICING THEIR RELIGION, RULED UNCONSTITUTIONAL
Clerk
RESEARCH AND ASSIST JUSTICES
2nd Amendment
RIGHT TO BEAR ARMS
Fundamental Rights
RIGHTS DEFINED BY THE COURT TO BE ESSENTIAL TO ORDER, LIBERTY, AND JUSTICE (PROCREATION, PROTECTING FAMILY AUTONOMY, MEDICAL CARE DECISION MAKING, VOTING, ACCESS TO COURTS)
Article 7
Ratification of constitution spells out ratification procedures 9 out of 13 states would have to agree to (or ratify) Constitution before it would become the supreme law of the land If the Articles required unanimity to amend, how could the Constitution be ratified with only 9 out of 13 states? Is it unconstitutional?
Article 4
Relationships between the states Full faith and credit - states must honor the laws and judicial proceedings of other states also addressed admitting a state into the Union Returning of slaves to the owner
Founders of US created a
Republic with elite officials (the representative democracy guaranteed by the guarantee clause)
Republic
Republics are democracies that filter public opinion through elected officials. A true democracy removes that filter. Elected officials still represent the people but rather than doing what is best those elected officials mirror what the people want.
Congressional Demographics
Rich highly educated white male protestant lawyers & businessmen! Women VERY underrepresented! (<17%)
Popular sovereignty
Right of majority to govern themselves and based in natural law
Dual Federalism
Roger Taney *concurrent federalism* 10th Amendment, the national and state have separate powers, Relatively equal in power, had little to do with each other.
Major Committees in HOUSE
Rules, Ways and Means, Appropriations, Commerce, Budget, Judiciary
Brown v. Board of Education II (1955)
SCHOOLS ARE TO INTEGRATE WITH DELIBERATE SPEED, PUT THE EFFORT IN HANDS OF FEDERAL COURT JUDGES BECAUSE THEY WERE MORE IMMUNE FROM POLITICS
Equal Protection Clause
SECTION OF THE 14TH AMENDMENT THAT GUARANTEES THAT ALL CITIZENS RECEIVE EQUAL PROTECTION UNDER THE LAW CIVIL RIGHTS, EQUAL TREATMENT
Describe the 3 part test created by Lemon v. Kurtzman.
SECULAR IN PURPOSE? NEITHER ADVANCE NOR INHIBITED RELIGION? FOSTER EXCESSIVE GOVERNMENT ENTANGLEMENT WITH RELIGION?
4th Amendment
SECURE AGAINST SEARCHES AND SEIZURES, PROBABLE CAUSE FOR WARRANTS
Debate is less formal (no limits - except cloture)
SENATE
Emphasis on foreign policy
SENATE
Less formal
SENATE
Members more generalist
SENATE
More personal
SENATE
Represent states!
SENATE
Weaker leadership
SENATE
What additional powers does the Senate have that the House does not?
SENATE confirmation of presidential nominations to federal courts and ambassadorships treaties signed by president HOUSE House Ways and Means Committee that oversees taxing and spending legislation
Griswold v. Connecticut (1965)
SEVERAL AMENDMENTS CAST PENUMBRAS ABOUT ZONES OF PRIVACY, OVERTURNED LAW THAT FORBADE DISSEMINATION OF INFO ABOUT CONTRACEPTIVES
Filibustering
SIMPLE MAJORITY TO CONFIRM JUDGES UNLESS FILIBUSTERED, MAKES PROCESS MORE POLITICAL
Capital Punishment Moratoriums
SOME STATES HAVE THEM WITH CONCERNS ABOUT INNOCENT ON DEATH ROW, DISPROPORTIONATE USE OF DEATH PENALTY AGAINST MINORITIES
Region
SOUTH- states rights; behind on civil rights; more religious (Protestant); support defense WEST and NE favor small government MIDWEST is very conservative
Slander
SPOKEN FALSE STATEMENT THAT DEFAMES A PERSON
Miranda Rights
STATEMENTS THAT MUST BE MADE BY THE POLICE INFORMING A SUSPECT OF HIS OR HER CONSTITUTIONAL RIGHTS PROTECTED BY THE 5TH AMENDMENT, INCLUDING THE RIGHT TO AN ATTORNEY PROVIDED IF THE SUSPECT CANNOT AFFORD ONE
Gitlow v. New York (1925)
STATES ARE NOT COMPLETELY FREE TO LIMIT FORMS OF POLITICAL EXPRESSION, USED 14TH AMENDMENT TO INCORPORATE FREE SPEECH TO STATES
Brown v. Board of Education (1954)
STRUCK DOWN SEPARATE BUT EQUAL, ALL SCHOOLS WERE TO INTEGRATE WITH DELIBERATE SPEED, SEPARATE BUT EQUAL VIOLATES 14TH AMENDMENT, CITED WELL BY JUDICIAL ACTIVISTS BECAUSE IT MADE A GOOD DECISION
national convention
Secure Nomination Delegate Count Uncommitted Delegates Super Delegates Delegate Diversity Speakers at Convention Party Platform Made for TV Less Drama Than Old Days No Kingmakers More Democratic Now Compared to Past Party Unity, Hopefully End of Primary Campaign Beginning of General Election Campaign
Confirmation of Presidential Appointments
Senate has oversight function through its ability to confirm key members of the executive branch, as well as presidential appointments to the courts (1/2)
What is the average committee assignment for a House member? Senate member?
Senate serves on more committees
Separation of power
Separates 3 branches (Locke warned against legislative delegating power) Constitutional authority shared by branches Example-presidential veto; judicial review
Separation of Powers
Separation of powers is most clearly seen in our three branches of government. The ultimate end of the separation of powers is to protect our liberty by limiting government. separation of power parcels out power among the three branches of government
Enumerated Powers
Seventeen powers specifically granted to Congress in Article 1, Section 8. tax, coinage of money, regulation of commerce, provide for a national defense, declare war, establish federal court system
What are the Constitutional powers of Congress?
Shared Powers Naturalization Clause Necessary and Proper Clause Origination Clause Appropriations Riders Bill Impeachment Process Declare War - Declaration of War Clause (Article I) Authorization for Use of Military Force (AUMF) Presidential Appointments Approval - Appointment Clause (Article II) Presidential Treaty Approval - Treaty Clause (Article II)
3/5 compromise
Slave never appears in construction Slavery cannot be banned until 1808 Didn't address slavery Just their vote Constitution says and escaped slave must be returned
Hard Topics at Constitutional Convention
Slavery
poll taxes
Small taxes levied on the right to vote that often fell due at a time of year when poor African-American sharecroppers had the least cash on hand. This method was used by most Southern states to exclude African Americans from voting. Poll taxes were declared void by the Twenty-fourth Amendment in 1964.
Thomas hobbes
Social contract theory Leviathan Submit to powerful leaders Absolutist govt
What leadership of Congress is in the Constitution?
Speaker of House, President of Senate, President Pro Tempore
Two synonyms for Reserve Powers are:
State Powers 10th Amendment Powers Police Powers
Full faith and credit clause
States must honor laws and judicial proceedings if other states, )
Va plan
Strong national 3 branches Legislative is most powerful Popu representation/contribution to treasury Bicameral legislature (People elect house and house elects senate
Establish Justice
System of laws rational dispensing of justice by acknowledged legal authorities Bill of Rights
National Firearms Act of 1934
TAXES ON AUTOMATIC WEAPONS AND SAWED-OFF SHOTGUN
Recess Nominations
TEMPORARY UNTIL RECESS ENDS
Privacy and The Right to Die
TERMINALLY ILL PERSONS DO NOT HAVE A CONSTITUTIONAL RIGHT TO DIE BY PHYSICIAN ASSISTED SUICIDE
National Endowment for the Arts (NEA)
TESTS FOR THE NEA WERE CONSIDERED WHEN MAKING ANNUAL AWARDS WERE UPHELD BY THE SUPREME COURT
Civil Liberties
THE PERSONAL GUARANTEES AND FREEDOMS THAT THE FEDERAL GOVERNMENT CANNOT ABRIDGE BY LAW, CONSTITUTION, OR JUDICIAL INTERPRETATION
spot ads
TV ads on behlaf of candidate in 60/30/10 sec segments
TV
TVs replace radios in most homes increased ownership in 60s and 70s networks are losing ground (NBC, ABC, CBS and their affiliates) to cable
National Organization for Women (NOW)
TWO GOALS TO REACH EQUALITY: PASSAGE OF AN EQUAL RIGHTS AMENDMENT OR JUDICIAL DECISION
SHARED POWERS Pass law and policy!
Tax borrow money REGULATE COMMERCE (foreign and interstate) naturalization and immigration coin money punish counterfeiting post offices patents and copyrights punish piracies and felonies on the sea create federal court system declare war raise army/navy provide for a militia (with certain powers reserved for the states) NECESSARY AND PROPER APPROPRIATIONS (I, §9)
Bull Moose Party
Teddy Roosevelt split in republicans another name for progressive party
Select (special) committees
Temporary committee appointed for specific reason for investigation ex. Aging, Benghazi
The American Dream
The American ideal of a happy, successful life, which often includes wealth, a house, a better life for one's children, and, for some, the ability to grow up to be president
Pure Locke
The Declaration of Independence
What were the Federalist Papers
The Federalist Papers Publius was author 85 articles between October 1787 and May 1788 appeared in papers in New York (ratification was in doubt) Hamilton, Madison, John Jay (future first Chief Justice of Supreme Court) Very dry and scholarly they did explain the reasoning behind the new systems of government
Article 3
The Judicial Branch Establishes Supreme Court Congress permitted, not required, to establish lower courts created dual system of courts: state courts and national/federal courts Judiciary Act of 1789 appointments for life (with good behavior) salaries cannot be lowered while judges are in office
Article 1
The Legislative Branch Bicameral legislature qualifications for houses enumeration of citizenry (census) every 10 years for representation, redistricting, gerrymandering House's power to impeach, senate tries impeachment All bill originate in the house but senate may propose or concur with bills Also the procedure for enacting laws and veto power 17 Enumerated power for congress
administrative discretion
The ability of bureaucrats to make choices concerning the best way to implement Congressional intentions gives decision makers (from top to bottom) huge leeway this shows up in two different ways: rulemaking and administrative adjudication
VA Plan:
The first general plan for the Constitution, proposed by James Madison. Its key points were a bicameral legislature (one house based on population, one on equal representation) elected directly by the people, an executive chosen by the legislature, and a judiciary also named by the legislature (from textbook) Create a strong national government, in contrast to Articles 3 Branches - legislative, executive, and judicial legislative would be most powerful, it would select members in other two branches Legislature would have two houses House of Representatives - directly elected by the people Senate would be elected by members of the House Number of representatives in both houses would be based on population or the amount of contribution to federal treasury proportional representation Gave the national legislature power over the states
Committee Chairs
The most important influencers of the congressional agenda. Dominant role in scheduling hearings, hiring staff, appointing subcommittees, and managing committee bills when they are brought before the full house. Can kill bill by not scheduling it Attention by lobbysists and media CLAIRE- WHO SCHEDULES THE BILLS? MAJoRiTY EADERS OR COMMITTEE CHAIRS?!
national party convention
The quadrennial event where parties release their platform and confirm their presidential nominee
Popular Sovereignty
The right of the majority to govern themselves, has basis in natural law The right of the majority to govern themselves. Has its basis in natural law. Idea that all governments derive their power from the people is found in Constitution and Declaration of Independence, but the term popular sovereignty was not used until the pre-Civil War debates about slavery. Supporters of popular sovereignty argued that states should decide whether or not the state would allow slavery within its borders.
lemon test
The test that the Supreme Court established (but doesn't always use) to determine if a practice violates the Establishment Clause of the First Amendment.
what is the effect of scandals on incumbents?
They either retire or advantage of incumbency is so strong they win anwyway
Trustee Theory
Trustees believe that each question they face must be decided on its merits. Conscience and judgment are their guides. They reject the motion that they must act as robots or rubber stamps. reps can be trusted to use judgement to make decisions for constituents
Penumbras of Privacy
UNSTATED LIBERTIES ON THE FRINGES OR IN THE SHADOW OF MORE EXPLICITLY STATE RIGHTS
national newspaper
US doesnt have one national newspaper like britain does but we do have national distribution
Examples of Devolution
Unfunded Mandate Reform Act of 1995 Welfare of Reform Act of 1996
Seniority
Unwritten rule in both houses of Congress reserving committee chairs to members of the committee with the longest records of continuous service.
Grandfather Clause in regards to Fifteenth Amendment
VOTING QUALIFICATION PROVISION IN MANY SOUTHERN STATES THAT ALLOWED ONLY THOSE WHOSE GRANDFATHERS HAD VOTED BEFORE RECONSTRUCTION TO VOTE UNLESS THEY PASSED A WEALTH OR LITERACY TEST
Constitutional Powers
Veto Power Appointment Power Treaty Power Power to Convene Congress
President of Senate
Vice President
Voter Apathy
Voter turnout rates tend to be low in the United States Being too busy is typically the number one excuse people give for not voting but maybe people don't vote because they lack clear choices Is nonvoting a sign of contentment?
ticket splitting
Voting for candidates of different parties in the same election
Mapp v. Ohio (1961)*
WARREN COURT, ALL EVIDENCE OBTAINED IN SEARCHES AND SEIZURES IN VIOLATION OF THE CONSTITUTION ARE INADMISSIBLE IN A STATE COURT
How are decisions implemented?
WHEN THE IMPLEMENTATION POPULATION UNDERSTANDS AND ENFORCES THE CASE DECISION AND THE CONSUMER POPULATION FOLLOWS THE COURT POLICY
justiciable
WHETHER OR NOT THE COURT CAN DECIDE THE CASE IS IT AN ADVISORY OPINION DOES THE CASE VIOLATE THE POLITICAL QUESTIONS DOCTRINE? IS THE CASE RIPE?
Majority Opinions
WRITTEN BY CHIEF JUSTICE OR MOST SENIOR, SET OUT LEGAL JUSTIFICATION FOR DECISION
Libel
WRITTEN FALSE STATEMENT THAT DEFAMES A PERSON
Thomas jefferson
Was a southerner and added diversity to Declaration
Supreme Court Cases that restrict national power
Webster v Reproductive Health Services Planned Parenthood v Casey US v Lopez US v Morrison *(ABORTION CASES + LOPEZ AND MORRISON)*
For ratification on constitution today
When Congress votes to propose an amendment: 1) ¾ of state legislatures, or; 2) specially called ratifying conventions in ¾ of the states (21st only)
Preemption
When legitimate exercise of national power supersedes any state law or action, process is called preemption
exclusionary
Which judicially created rule states that evidence that has been illegally obtained cannot be used in a court of law?
Politics
Who gets what, when and how How policy decisions get made. How an issue is agitated or settled.
warren
Who is the Supreme Court Chief Justice known for decisions that expanded the rights of traditionally disenfranchised citizens as well as those accused of committing a crime. 1950s-1960s
Majority rule
Will of majority by making majority unable to strip minority of rights
executive control of bureaucracy
Within increasing size of executive branch/bureaucracy, presidents have given the bureaucracy more and more power. Presidents (with congressional approval) can restructure the bureaucracy budgets Executive orders President can direct an agency to act, but it may take some time before the agency actually does act
Slavery in the Constitutional Debate
Would Constitution have been ratified if it addressed slavery issue directly? Constitution addresses slavery three times, though never by name Three-Fifths Compromise: Agreement reached at the Constitutional Convention stipulating that each slave was to be counted as three-fifths a person for purposes of determining population for representation in the House of Reps Also, the new government was prohibited by law or amendment to prohibit the importation of slaves until 1808. Constitution also guaranteed that if a slave were to escape his or her master and flee to a free state, the slave would be returned by that state
Mayflower Compact
Written at sea during Pilgrims trip to North America Social Contract
Shays' Rebellion
a 1786 Rebellion in which an army of angry farmers led by Daniel Shays marched to Springfield, MA, and forcibly restrained the state court from foreclosing mortgages on their farms showed weakness of federal government
leadership
a chairperson has big influence raise money leep peace plan convention eliminate factionalism neutral in terms of candidates
lobbying in legislature
a lot tactics: info, relationship (iron triangles); write speeches; reputation
Spot Ad
a one-time placement of a commercial on a local television station
unscientific poll
a poll in which the sample of people interviewed is not representative of any group beyond those who register their opinion
Meritocracy
a system in which promotion is based on individual ability or achievement
12th Amendment
abolish it? 1824 adams vs. jackson didnt have majority -> house 1876 (hayes and tillman had no winner)-> house 2000 bush won electoral but not popular abolish would require amendment President and Vice President are separate votes at Electoral College.
unfunded mandates
actions imposed by the federal or state government on lower levels of government which are not accompanied by the money needed to fund the action required
Contrast Ad
ad that compares the records and proposals of the candidates, with a bias toward the candidate sponsoring the ad
congressional redistricting
adjusted every 10 years bc census (only affects the House) each house district should have ~750k people. 435 districts
independent expenditures
ads that expressly advocate election/defeat of specific candidate aimed at entire electorate must be completely independent of candidate
independent espenditures
ads that expressly advocates defeat/election of a candidate must be independent from candidate
multi-issue groups
advocate for issues that cross multiple areas of focus must have expertise in a wide range of ideas NAACP NOW (natl org for women) Christian Coalition AARP AFL-CIO
Democratic Party
after Dem-Rep in 1832 nominated Jackson by his personality
congressional review
agency regulations can be nullified by joint resolutions of legislative disapproval
Nomination Campaign
aimed at winning primary target party leaders (concerned with winning) and activists (concerned with ideology->danger that a candidate with go too left/right) begins as soon as deciding to run even if it's not announced and ends at party con New candidates have to adjust quickly, not as much attention
BCRA
aka McCain-Feingold (2 senators, 2002) supplemented FECA huge restrictions on soft money fast track to Supreme Court, quickly challenged by McConnel v. FEC and Citizens United v FEC
Denied Federal Powers
all governments cannot take arbitrary actions affecting Constitutional rights. GOvernments cannot... Bill of Attainder Ex Post Facto Law
Individualism
all individuals are rational and fair
Founding Fathers
all men, all white mostly young; average age of 42, with a few exceptions (like Franklin) many slaveowners vast political, educational, legal, and business experience (the elite) Thomas Jefferson wrote that it was an "assembly of demigods."
Grants-in-aid
allocations/appropriations of money to the state from the federal government
apportionment
allotting congressional seats to each state followign census
issue networks
almost the same as iron triangle describe a *loose and informal* relationship bw broad policy areas fewer players than iron triangle--claire, is this true???!!! constantly changing as new parties gain interest
4th Branch of Government
american media it has so much influence (not exactly true bc media is private business entities not govt)
Patronage
appoint loyal base and freinds to govt positions way to build loyal coalitions increase allegiance ex. Tammany Hall: not corruption, it's honest graft Civil service laws were enacted during the Progressive Era. These laws lessened the influence of ... on political appointments and made it harder for political machines to dominate.
appropriations
appropriate funds for federal agency to spend from Treasury can have a RIDER
Thomas Paine, Common Sense
argued for independence "The blood of the slain, the weeping voice of nature cries 'Tis Time to Part,'" Very widely read in colonies inspired Richard Henry Lee of VA to call for independence at Second Continental Congress an act of treason! His plan called for a confederation: a type of government where the national government derives its powers from the states; a league of independent states, not a strong national union.
straw poll
ask for opinion strong opinoned people answer not random
Lincoln in 1860
associated south with Democratic Party
negative ad
attack opponent legally required apporval message may be the only look at who made it
Social Capital
attitude and willingness of people to engage in civic activites
access points
avenues which "we the people" can use to affect change increase efficacy but many make govt vulnerable to corruption
Winner-Take-All System (First Past the Post)
awards offices to vote-getters w/o ensuring representation for voters in the minority. a small majority can control 100% of elected officers can happen at electoral college, congressional election This type of primary allows a presidential candidate to amass a large number of votes quickly
Does low turnout matter?
bad arguments: 1. would results be different if people voted? probs not 2. why should voting be easier for apathetic voters? better arguments: 1. low turnout makes the system stable 2. do husbands represent their wives? no-->19th amendment 3.voters dont rep the non voters (nonvoters are young, low income, blue collar, less-edu)
quota sampling
based on known stats (if city is 30% black and 70% white answers reflect that)
the constitution's rules about the House of rep
based on popu directly elected by the people whole house reelected every 2 years must be 25 years old, 7 year resident, legal resident of state representing 435 congressional districts
Two-Party System
bc DUverger's law watered down questions to only agree v. disagree
executive supremacy in foreign affairs
bc nuclear war and congress doesnt act quickly
State Powers under Constitution
because states had power when convention happened, the Framers did not restate the powers BUT Article 1-states set time, place and manner for electing representatives Congress cannot limit slave trade until 1808 so southern states have power Article 2- required each state to appoint electors for electoral college Article 4- each state is given a Republican form of government
newspaper
began in 1960s rapid growth in 1700s because value of free press grew battle of ratification played out in newspapers free press is necessary because informs public
Cooperative Federalism
began with New Deal The national and state governments became intertwined, with the national government taking a more active role in the affairs of the state governments
organizational campaign (aka Get-Out-to-Vote)
behind scenes fundraising voter contact media
what is the danger of a nomination campaign?
being too liberal/conservative
How are public opinions measured? What are the drawbacks to taking sample polls?
best way to get a poll: random sample
congressional demographics
better edu, wealthy, male, white, inherited wealth, avg age is 60 (sen), and 45 (house), most lawyers but decreasing
state legislatures are also
bicameral
Reagan favored __________ Grants
block
(Primary/General/Both?) Campaign ads put out by interest groups and Super PACS
both
(Primary/General/Both?) For congress, can win with a plurality (except in Louisiana)
both
majority/minority leaders and whips are in
both houses
caucuses
both houses are controlled by partis discipline, media, set themes
tradtitional scandals
bribery pay-offs
finance chair
brings in large contributions
One way congress has oversight of the federal bureaucracy
budgetting process committee hearings confirmation of nominations investigations new legislation
going public
bully pulpit more communication go over head of congress pres uses more receptive audiences for major speeches (ex. military college for a military issue speech) what is "going public" claire
1800 election
burr and jefferson ties- electoral college didnt have a way to solve so--> house (12th- fixed 1800 problem - separate election for each office and only have 1 per elector)
govt corporations
businesses est by congress that do things that private busienss could do (like USPS); cheaper than a private would began in 1930s used when gov requires revenue and felxibility ex. amtrak, FDIC, TVA
handlers
campaign staff for advance work (scheduling, speech writing, media, polling, finance, and spin) cautious of how media portrays candidate
senate oversight in appointments
can be filibustered
modern press
can be guilty of having little proof less corrupt than before shift in paper from passionate opinion to corporate profit (alienate ads and readers?)
Redistricting
can happen w/ or w/o reapportionment (when people move a lot INSIDE the state) or (when gain or lose congressional seats). state legislature is responsible for this) every 10 years
gatekeeper
can influence which topics or issues are focus on coverage
do demographics play a role in representation?
can men represent women? can rich rep poor? can majority ethnicity rep minority?
free media
candidates have less control over free media
Political Party COntributions
candidates receive donation from national and state committees of NDC/RNS ensure loyalty and discipline voting
proportional representation primary
candidates who secure threshold percentage of votes are given delegates proportional votes -favored by democrats with threshold of 15% in congressional districts -maybe fairer but harder to accrue required numer delegates Candidates meeting threshold are awarded a number of delegates based on votes won
ny times v us
cant prevent publishing (no prior restraint)
newer scandals
career-ending personal
bureaucrats
career-govt employees that work in executive branch in the cabinet level depts and indepdence agencies that comprise more than 2000 bureaucras, divisions branches, offices, services, and other subunits of federal govt
exec action
catch-all term for something the exec branch does (includes memorandum, agreement, etc.)
niche journalism
caters to specific groups and ideologies ex. Fox caters to conservatives ex. CNN and MSNBC are mroe liberal ex. CSPAN - small but loyal follwing; content driven; creates less substantive coverage
prior restraint
censorship before it happens NYT vs. US says no restraint of press for the most part, the govt can't do this Can happen when the the courts issue an injunction (stop doing something/don't do something)
characteristics of bureaucracy
chain of command division of labor goal orientation productivity evaluated by rules it's big (boy season)
reapportionment
change in number congressional seats for a state based o changing populations trend for W and S to gain seats at expense of NE
Informal Amendment
change interpretation of words
Formal Amendments
change words article 5 proposal: 2 ways (1. 2/3 of each house OR 2/3 of state legislatures calling congress to a national convention) ratification: 2 ways (1.3/4 state legislatures OR favorable vote in specially called ratifying conventions in 3/4 of states (only used for the 21st amendment))
modern era
changes from progressiveera 1. direct primaries started in 1920s. nominee determined by voters, not party. more democratic 2. civil service laws-appts based on merit, removed patronage 3. issue oreinted politics- more edu voters focus on issues not party line=more ticket splitting; platforms arent as important
bull moose party arose bc
charismatic leader
general election
choose candidates who fill office, all levels, usually opposing parties (people vote for congress by name/party affiliation) which is helpful for incumbents in congress. high reelection rates in congress Candidate Debates Stump Speeches Broader Appeal Target Swing States On the Stump Tracking Polls (and all types of polls) Use of Paid Media Spin
open primary
choose party members Crossover voting happens, but not necessarily raiding
Electorate
citizens eligible to vote
initiative
citizens propose legislation and submit to electorate for popular vote, usually needs min signatures, critics say special interest groups have too much power - initiative industry (not at national level)-> because states control their elections Citizens propose legislation and submit it to state legislature for popular vote.
once a bill is introduced, where does it go
clerk of chamber who gives it a number
campaign manager
closest to candidate directs campaign
In order for parties to be big tents, parties must work to include as many supporters as possible. This means that parties strive to build...
coalition
Mobilizing support and power
coalitions group of interests or ogranizations that join to elect officials
Articles of Confederation
codify arrangements that had never been put into legal terminology before Written in 1776 (at war), ratified 1781. States > national government Created national government with a Congress - make peace, coin money, appoint officers for an army, control post office, negotiate with Indian tribes One vote for each state in Continental Congress 9/13 to pass any measure (or unanimous to amend) State legislatures selected and paid their representatives
Poltical Ideology
coherent set of values and beliefs about purpose and scope of government held by individuals and groups
Mandate
command from voters to carry out policies of the candidate especially in pres elections can end early so get stuff done quickly
Political Culture:
common attitudes, beliefs, and values about how government should operate
Requirements for congressional districts
compact, contiguous, race neutral, have political map boundaries, population equality
contrast ads
compare records and proposal of candidates bias toward ad sponsor
deep background
competely unsourced, very hard for press
Electioneering
competitive elections
reasons for a bicameral legislature
compromise at CC slow the process federalism checks and balances between legislature
why electoral collge?
compromise! at constitutiional convention some wanted congress to pick pres, others wanted popular election. No media existed, people thought they would vote for candiddate from their state. so electors are smart for the decision bc they know people outside of the state
conservative backlash
concerned with liberal activity 1978-george falwell, fromed moral majority 1990-pat robertson created 700 Club Christian COalition NRA
investigatory power
congress can hold hearings on a problem and direct agency to respond a representative of agency will often testify before committees
declaration of war clause
congress delcares war but pres is commander-in-cheif
naturalization clause
congress determines rule for granting citzenship
who can submit bills
congress members impetus can be from anyone
why are there 538 electors?
congress members + 3 for DC
marginal districts
congress seats are competitive, winner receives majority bu <55% of vote most districts are safe seats bc of incumbency advantage
growth of modern presidency (1933-present)
congress was original decision maker, but with communication tech, pres assumed decision making *FDR* (relief, recovery, reform), created huge bureaucracies, established relationship between president and people (radio and fireside chats)
incremental expansion of power (1809-1933)
congress' power clearly>pres powers *jackson*= first national pres, jacksonian democracy, western fronteir, egalitarian, common man, spoils system, used veto often, reasserted supremacy of national power *lincoln*= assumed greater power bc war, questionable acts (suspended habeas corpus), grew army, blocked southern ports
which reform to the elctoral college could be influenced by gerrymandering?
congressional district plan
unity, linkage, accountability
connect people , connect Houses, govts, political figures; no isolation
informal groups
connected to parties
The help a Congressperson offers to his/her district members. Increases name recognition and is aka case work.
constituency services
Energetic president
constitution created a weak executive but president has access to great power energetic seize power to execute laws and exploit public opinion
era of partyless politics
constitution--farewell address James Madison would like inclusiveness of parties today
tracking polls
continuous that follow campaign activity can contribute to horse-race journalsim expense of covering issues in depth can create bandwagon effect
Interstate Compacts
contract bw states to carry force of law, used to addresss multi-stage policy concerns (Article 1) much more common today ex. Drivers' License Compact ex. Assistance Compact (states share resources in disaster)
soft money
contributions outside of fed limits to a state or local party, or an outside interest group not supposed to advocate for/against a fed candidate supposed to be for party-building activities banned in 2002 by BCRA line bw soft/hard money is blurry
convene congress
convene on extraordinary occasions not as important today because congress in session grequently pres has to inform congress with state of union
Money is the life of politics
corruption is rare but erception is that money tarnishes politics interest groups have first amendment rights to petition govt govt is governed by wealth:plutocracy
swing state
could go either way
How Do Demographics Influence American Politics?: Mistrust of Politicians
countless examples of scandal, cheating, etc.
civil service system
created by civil service laws by which bureaucratic apartments are made by merit
pendleton act
created civil servce system to administer a partial merit system-based on exam, fed employees cannot contribute to a party; CSC lasted until 1978
TR was a progressive republican
created dept of commerce it oversaw employee-employer relationship wilson split it into a commerce and a labor departments
16th Amendment
created fed income tax=more funding for agencies, services, and govt programs
Electoral College
created to eliminate "tumult and disorder" that Framers feared if left to the masses instead, left to a small number of men (electors) who were selected by the states
dealignment
current
because parties are weaker now, we might not have any more realigning elections. This means we could be in a period of
dealignment
Article 5
deals with amendments how Amendments can be added Bill of Rights: 1791 only 17 amendments added
Unfunded Mandate Reform Act of 1995
debate had to be given to funding before passing mandate
organized labor has been in __________ along _______groups
decline along farming groups
single issue voting based on one issue and not party identification has been increasing. led to...
decrease in party identification
politico
delgate when issue is great concern to constituents on less visibile issues play as a trustee
blue states
democracy new england ny pacific coast fed midwest
US is a _______________________
democratic haven except only 50% vote
which party favors preemption?
democrats
ex of iron triangle
dept of vet's affairs (cabinet), house comm on vet's affairs (congress), american legion and vets of foreign wars (interst group)
Whigs
descendants of Feds in opposition to Jackson led by clay
committee membership
determined by party % makeup of house
communications director
develops media strategy (paid and free media, social media)
George Washington
didnt get press scrutiny like today press scrutinized his tactics of Revo War draft of farewell address critiqued press
Gender Gap
difference between men and women voting for a candidate, (might have reduced in 1990s but back in 2000s), negative views about war and intervention of military
Race and Ethnicity
differences on war in Iraq, affirmative action, governemtn sponsored healthcare
pres power is changing with time
different times cause for different leaders with restriction and opportunity
Electoral Reforms
difficult to change because you would need an amendment
Potlical knowledge and participation are ____________
direct relationship
voter canvass
direct solicitation of support door-to-door or phone month before election when voters pay attention ecourage people to vote
explain how casework affects a congressmember's attention to legislation
diverts time, resources, money; reducing focus on legislation brings awareness to a greater number of problems (being pulled in to many legislative directions)
When the Presidency and at least one House of the legislature are controlled by different parties
divided government
Debate of Public Opinion Polls
do polls drive opinion or do opinons drive polls? It's hard to know subgroups of public opinion because opinion is constnatly shifting ex. invasion of iraq during bush
state of union
doesnt have to be a speech bullly pulpit doesnt have to be yearly intended for congress now for public too
General Election Campaign
don't be too polarized in nom. campaign because you'll lose te moderates in the general election; slogans define stances
free-rider problem
don't join the interest group but benefit from collective good
positive ad
don't mention opponent preferred by incumbents
Which clause primarily protects civil liberties and can be found in the portions of the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments?
due process
proportional plan
each candidate would receive the same share of a state's electoral vote as he or she received in the state's popular vote
Congressional Sessions
each term is 2 years; begins jan 3rd, years in odd numbers
muckraking
early 20th century concerned with reforming govt and business conduct named by Teddy roosevelt little evidence
bandwagon effect
early polls boost so start stron=better recovering from setback is hard does this make debates more about looking like a winner??
how do people become whips?
elected by caucus
First order of business in Congress
electing leadership and rules for conducting business
Party power comes from
electorate
wire services
electronic delivery of news gathered by service correspondents and sent to news media organizations ex. associated press, reuters
Did Framers' political background have an impact on the Constitution?
elitists
national interest groups
emerge in 1830s-1899 because righgt to petition govt 1830s- with communication tech, first groups emerge mostly based on christian coalition -->american anti-slavery society in 1833 by WL Garrison more groups after Civil War -->women's temperance union the grange for farmers RR industry
congress makes laws, bureaucracy ______________
enforces
Party caucus
entire congress (orgnization) based on party caucus help schedule discussion
lbj's great society and war on poverty created new buereaucracy agencies
equal employment opportunity commission by civil service rights act of 1964
executive office of president
est in 1939 bc New Deal to oversee bureaucracy includes prime policy makers in their fields who advance pres preferences includes National Security Council, Council of Economic Adviser, OMB, Office of the VP, US Trade Representative
national security council
established in 1947 composed of president, VP, secretaries of defense and state, joint chiefs of staff, director of CIA
25th Amendment
established procedures for filling vacancies in office of president provides for majority of cabinet to declare pres unable to fill duties vp is pres when pres is in surgery or incapacitated nixon replaced agnew with ford ford appointed rockefeller
administrative procedures act
established rule making procedures to give everyone chance to participate interested parties must be given the chance to submit written arguments and facts statutory purpose and basis of the rule must be stated
What are the two clauses in the First Amendment that address freedom of religion? (two answers)
establishemnt, free exercise
three eras of presidential power
establishing power (1780-1809) incremental expansion of power (1809-1933) growth of modern presidency (1933-present)
hispanics vote _________ than blacks
even less
cattle show
event with all candidates during primaries notorious for gaffes and gotcha moments
census
every 10 years enummeration of people article 1
random sample
everyone has the same chance of being chosen
national news magazines
ex. Time, Newsweek, New Republic (moderate liberal), Weekly Standard (Conserv), Nation (left) drop in subscriptions online mags ex.: salon.com, slate.com, politico.com
spoils sytem
exec can fire public officals and replace with party loyalists
Article II
executive branch, limits power
third party trends
existence is sporadic and intermittent roots in sectionalism economic protest specific issues like Green Party can be based on ideology
Religion
faith based poltical activism by liberals but moral majority (R) and Christian Coalition (R) in 1990s; largest predictor of vote after party affiliation
pseudonyms
fake names ex. Caesar, Constant Reader, Publius (a federalist one)
Liberal
favor extensive government involvement in the economy and the provision of social services and an activist role in protecting rights of women, elderly, minorities, and environment. stress need for government to provide for the poor and homeless government provides a wide array of social services tend to favor government being activist in regards to rights of women, elderly, minorities, gays and lesbians, environment
merit system
fed service laws are classified into levels, to which apartments are lade based on exam performance
preclearance
federal approval to change voting laws in areas with a history of denying suffrage and the court case that overturned it.
Grants increased which level of governments power?
federal power
from the constitution debates, what emerged?
federalists and anti-federalists
PAC Contributions
feederally mandated officially registered fundraising committee that represents interest groups admin-ed by FEC incumbents really beenfit limited by BCRA
differences between houses that make legislation harder to pass in one than the other
filibuster holds rules committee more/less formal
reasons to hold a special election
fill vacancies, v low turnout
Election Day
first Tuesday after the first Monday in November GOTV First Tuesday after First Monday in November Exit Polls Precincts Motor Voter Laws Registration Drives Voter Canvassing Victory Speech or Concession Speech State Policy Voter ID Laws
RR industry
first to use lobbyists
scorekeeper
focus on horserace journalism
organized labor
for better conditions AFL in 1866
executive agreements
for treaties get around senate informal not permanent
Why did national government use grants in the 1960s?
force states to behave desiredly
Difference in tone between House and Senate
foreign policy v. tax and revenue policy
exploratory committee
formed to determine the viability of one's candidacy for office; activities may include polling, travel, and other communications relevant to the purpose
George Gallop
founder of polling; government should do what public wants--polls speed up this process of democracy (pluralists say that government must not ignore minority)
amicus curiae
friend of the court chance for interest groups to present argument a way that lobbyists can influence the court
public funds
from tax revneue only pres elections candidates who qualify can apply for matching funds funds come from fed tax return
national committees
function as national governing bodies arrange convention and campaigns also congressional committees loosely aligned to RNC and DNC
PACs
funding vehicles created by a corporation, union, or some other interest group, registered with the FEC
American Independent Party
george wallace charisma south: sectionalism specific issue not for civil rights
personal campaign
get people to like them as a person be with family, show reasonableness, meet people everywhere
block grants
give more authority to local authority few strings attached given to states by federal government for a specific *category* (categories: edu, health, income, security and transportation)
on background
gives trusted media members amazing source; reporters don't like it because no soruce can be giving
context regulation
govt attempts to regulate electronic media; print media is not as regulated because electronic media relies so heavily on govt always
GI Bill
govt issue bill college loans and reduced mortgages for vets
ethics in govt act of 1978
govt offiicials must wait 2 years before lobbying in field they worked (or 1 year for all others)
Independent Executive Agency
govt units that resemble a cabinet dept but have a narrower area of responsibility, perform a service rather than a regulatory function. Heads are appointed by president and serve his/her pleasure ex. CIA, NASA, EPA
Post Civil War, federal government...
grew in power and imposed its will on states through amendments (13th, 14th, 15th, which are the Civil War Amendments)
polarization
group bw left/right increasing
political party
group of office holders, candidates, activists and voters who indentify with a label and seek election big tent
trade assoc
group that reps a certain industry
factors for interest group success
groups fraw from upperclass and more edu leaders:almost like a entrepreneur patrons and funding: people to finance and membership dues, etc. members: 3 tiers: leaders-phsycologically and organizationally committed, rank and file (the majority) provide collective good
filibuster
halting a bill by long speech or unlimited debate delays action on bills and pres nomination (nuclear option) Prevent/delay action on a particular bill. Prevent/delay other business from being conducted.
individual contributions
hard money
house ways and means, and appropriations and budget committees
have more power congress can approve appropriation but useless until spent
Polls
have people heard about the candidate? is he a good candidate? how do they respond to an ad?
pres party
head of govt but also commander of party; can appeal for party loyalty in congress can be party builders ex. Wilson, FDR (D's), Reagan (R) example of Party Non-Builders-LBJ, Eisenhower, Nixon, Carter
rating candidates
help evaluate voting records make voters more aware of voters on key issues NRA
patronage
helps build coalitions jobs, grants, or favors that are given as rewards to friends/allies for support
What are two courts from which decisions can be appealed to the SCOTUS?
highest state court court of appeals
voting rights act of 1965
hoped to address lack of voting by blacks most successful civil rights legislation may not deny right to vote on basis of race LBJ outlawed literacy tests, directed AG to challenge VA's poll tax, appointed federal examiners in certain jurisdictions meeting statue's formula immediately challenged in court when passed Law that gave the federal government the ability to monitor voting regulations in areas that have been traditionally discriminatory (preclearance). The law also makes the 15th amendment a reality and directed the Attorney General to challenge state and local poll taxes.
Which house has the higher re-election rate and why?
house
implement
how agencies work out details of what congress wants to do the process by which law or policy is put into operation by bureauc
Presidential compromises during constitutional debate
how impeachment works electoral college
1948 polling
huge error in polling ("Dewey beat Truman")
online
huge growth online users also read paper news readers take news any way possible us govt put more info online access to foreign news (BBC, Al Jazeera) men tend to use web news more upperclass uses more web for news web news users are more informed
Legislative action by Congress after Roe v. Wade that set limitations on taxpayer money being used to fund abortions.
hyde amendment
How do parties pick a candidate to run for an office? What are some common issues with this system?
if you are too left/right, you can't appeal to moderates
formal
in constiution; limited
committee of the whole
in house, using 100 members to debate but everyone votes
AM Radio
in mid-1980s conservative talk show hosts like Rush Limbaugh and Sean Hannity
contacting respondents
in person ask them to call in phone (cell phones make it harder)
public opinion and leadership
increase attention as leadership strategy presidency transforms its occupants
GOTV
increase voter turnout through issue advocacy
Libertarian
individual freedom and curtailment of state power Generation X tends to be more libertarian Favors free market and no govt interference in personal liberties 3rd party Liberals say libertarians want to reduce defense budget and CIA and FBI *Less govt involvement all the time* (is the most consistent because no compromises or ethical questions, completely free market)
party leader
influence platform mobilize party support help elect other candidates (coattails)
on the record
info can be used with caveats, quote source by name
cabinet
informal heads of major executive departments help pres executive laws and make decisions most depts created because interest group pressure cabinet has grown recently
call on the party
informal leader of the party especially important if congressmembers elected on pres coattails ex. LBJ 1964, Reagan 1984
Direct Democracy examples
initiative referendum recalls
Government
institution makes policies and conducts state affairs
iron triangles
interaction with agency interest group congressional (sub)committee public policy is a byproduct of this interaction
press secretary
interacts and communicates with journalists on a daily basis explain bad news/clarify something
Public Opinion Polls
interview or surveys with samples of citizens to estimate feelings of entire population
watchdog
investigate journalism, like watergate
Senate
is smaller less formal unwritten rules polite to each other indiv members have more power in senate than indiv in house harder to lead senate
once a bill is introduced by one congressmemember
it can be cosponsored
Rider
it rides along with appropriations for an easy passage many appropriations bills are "must pass" so they use riders. it is an off-topic amendment that changes permanent law governing a program funded by the bill
Authorization for Use of Military Force (AUMF)
joint resolution authorized president "to use all necessary and appropriate force" against those responsible for the attacks of 9/11. Not a formal declaration but president can send troops to war
judicial control of bureaucracy
judges can issue *injunctions to federal agencies* courts have ruled that all agencies must give affected individuals their due process There has been a *trend of judicial respect to agencies*
the automatic plan
keep electoral college but lose electors
power to persuade
key for support constitutional powers alone do not provide enough tools to meet public expectation
honeymood period
key to enact pres policy bc support declines
killing bills
killed by veto in 9 places subcommittee, full house comm, house rules comm, full house comm, house rules comm, floor leaders of both houses, conference comms, president
yellow journalsim
late 1800s-early 1900s pics, comics, color "yellow kid" comic captured immigrant market sensationalized
Generation X
late 1960s through mid 1970s graduated in recession believe that political leaders ignore them very libertarian - embrace capitalism
Before the New Deal federalism was like a
layer cake
Confederation
league of independent states from a nation but retain power under weak central government
Poltical Socialization
learning process by which people acquire their polticial views family, elemetary school (patriotism), middle school (citizenship), college (emphasis on questioning governemtn)
Anti Federalists
led by Jefferson-won as first party candidate in 1800 madison
concern about price fixing in RR industry led to a shift from service-> regulation
led to Interstate Commerce Commission, one of first independent regulatory commisssion
staged media events
like sound bites that carefully capture what candidate is trying to say
rules in the House
limit debate stricter rules
war powers act
limit pres deployment of troops pres must notify congress within 48 hours of sending troops to war must consult congress when feasible
Pendelton Act 1883
limited patronage no more patronage in exec branch
closed primary
limited to registered party members
lobbying the judiciary
lobbyists can directly sponsor filing litigation amicus curiae
Base/Activists
loyal and likely to vote base is shinking ridig ideas The most active party members, those most likely to be involved in local party business and vote in primary elections.
Bureaucracy
made of thousands of fed agencies and institutions that implement and administer federal law and programs. large arm of exec branch translating law into action hierarchical and specialized Implement laws Rule making Opportunity for citizen engagement Enforce laws Executive branch Bureaucrats earn their seat by merit and not appointment
cabinet departments
major administrative units with responsiblity for broad areas of govt operations. usually indicates a permanent national interest in a particular govt function such as defense, commerce, ag each dept is headed by a secretary (DOJ has AG) secretaries have 2 masters: president, people affected by their dept congress gives secretaries appropriations and the discretion to implement legislation and policy each secretary has deputies or undersecretaries can be clientele agencies-created to promote the interests of a given clientele-specific social or economic group. usually the result or a powerful interest ->ag, edu, energy, labor, vet's affairs, indian affairs
election activities
major party events can be targets
critical periods
major, lasting shift occurs in popular coalistion supporting one or both sides- kind of voters supporting each party changes and issues that separate the parties change
majority party
majority leader (2nd most important) elected by party caucus help schedule discussion
unit rule
majority of state delegation can force minority to vote for candidates
House Rules Committee
majority party members appointed by speaker *can add or rule to bill (time/date of discussion, etc.)* sometimes adds Closed Rule discharge petition reviews all bills after standing committee (except revenue, budget, and appropriations bills) Make it easier or more difficult for a bill to pass. Make the process more efficient/orderly/manageable.
shared powers between houses of congress
make law declare war raise army/navy coin money regulate commerce establish federal courts immigration and naturalization
Ratifying Conventions
mandatory for every state to hold one to consider ratification 1787-1788
lobbying the executive
many access points not just president many pres have staff to deal with lobbyists and interest groups regulatory agencies heavily lobbied (in bureauc)
why do third party candidates often struffle to get on the ballot?
many states require large number of signiatures and filing fees
After the New Deal, federalism was like a
marble cake
recent conflict of state/national authority
marijuana
party in the electorate is
mass of potential voters who identify with a party
how do we get number of electors in a state
members in house + members of senate
specialiazation in congress and influence on legislative process
members of congress develop policy expertise more attention to legislation better legislation
_______ are more knowledgable but ________ vote mroe
men are mroe knowledgable but women vote more
majority-minority district
minorities are the majority of popu dont violate voting rights act of 1965
The 1966 court case that established the procedural right to be informed of Fifth and Sixth Amendment rights upon arrest, such as the right to remain silent.
miranda v. az
Functions of Parties
mobilizing support and power force and stability and moderation unity, linkage, accountability electioneering platforms
presidential election campaign fund
money for pres candiates to use (box on tax return)
Dark Money
money raised by 501c (4) and (6) dont have to disclose donors groups receive unlimited corporate indiv or union contributions the IRS has jurisduction, not FEC , over these groups
rank and file
more casual support
jewish
more democratic
delegates
more left/right than typical voter, more wealthy, (D) have more women and minority as delegates. 1968- DNC used proportional representation by minority group. Are moderates underrepresented?
women who work outside of the home
more liberal
rules in the Senate
more open but often requires supermajority (60) to end filibuster until cloture
protestants
more republican
incumbent advantage
most congressman are relvatively unknown; advantage of being in office, each member of congress gets $750k in tax monry to run office mostly for constituency services (casework)-things the congressman does to help his district- form of self-promotion (ex. writing recommendations, passport help)
Taney's Court
mostly covered slavery. It gernerally decided in favor of state's rights of dual federalism.
do candidate debates help?
mostly scripted immediate spin calrify preconceptions and increase knowledge
Prerequisites to being a representative
must be a member of major party be able to fundraise a lot
advantages on incumbency
name recognition access to free media inside track on fundraising franking
3rd parties are not limited to
national elections
Liberals
national govt has role to play supprot activist govt
mandate
national law that gets states to comply with federal rules
local elections
nationalization of issue hard to get local problems out newspaper endorse is very influential most people who read paper end up voting
qualifications of pres
natural-born (cannot be naturalized) 35 yr resident for 14+ years
non-partisan primary
nebraska and lousiana can produce candidates from same party
modern print media
newspapers periodicals jounrnals newsletters
executive privilege
nixon claimed exec privilege in watergate- break in at DNC HQ in 1972. nixon covered up evidence ability of pres to keep secret conversations with memoranda to or from advisors (not in constitution)
efforts to shink bureaucracy
nixon, clinton, coolidge, GW Bush
fast track status
no amendments to an agreement congress must vote up or down within 90 days
open seat
no incumbent in the race is running for election; wait for an incumbent to leave office before you run, more people vote in an election for an open seat senate races have more publicity than House because they are statewide senate attracts higher quality candidates because every 4 years
changes to conventions
no more dark deal-making rooms. from 1830-1900s, cons under party leader's control (kingmakers). early conventions featured uncommitted delegates-they could exchange vote for bribes.
How have all phases of elections (at all levels) become more democratic in the last 100 years?
no more kingmakers primaries to vote we elect our senators (17th amendment)
congressional party
nominate House Speaker and Minority leader and majority, whips, enforce discipline, appoint committee members, organize congress, bring legislation to floor
brokered/Contested/ open convention
nominee unknown after first polling now we know nominee usually well in-advance 1968 democrats in chicago fighting 1976 for repubs fight bc Ford beat Reagan
line-item veto
not a real thing power to decide part of a bill This type of veto allows the president to delete parts of a bill, mostly the parts related to spending.
senate majority leader
not as powerful as speaker of house
informal
not in constitution; more powers; give more power to act authoritatively (ex. executive orders, exec agreements, persuade public opinion, exec privilege, inherent power, bully pulpit)
special elections
not on election day, various times during the year. usually to fill vacancies, v low turnout
off the record
nothing a politician says can be used
commander in chief
of army and navy pres have power to wage war and broaden exec powers
press conference
official appears in person about a range of topics; reporters try to get answers they need, politicians control message and spin the news
Social Group
older ppopulations vote more regularly and conservatively; women, especially unmarried, are typically demcorats because of social welfare; white men are typically conservative
exit polls
on election day used to predict key races sometimes released too early (ex. Carter "lost" 1980) and can be mistaken
realigning election
one loyal group switches sides due to 1 prevailing issue
lobbyist
one who spends at least 20% of client or employer time doing lobbying activity
speaker of house
only officer mentioned in constitution member of majority party ususally served for a long time presides over House spokesperson for House after VP, next in line for president liason with president only president elected by the whole house
public interest groups
organizations that seek collective good and will benefit not only group members ex. progressive, enviro groups, civil rights
raiding
organized crossover (not often)
interest groups
organized groups that try to influence public policy pluralism
House of Rep
organized more tightly bc so large loyalty and party lines more strict
Media
parties launch candidates w/ fanfare=bump in polls; can expose rifts in party like 1968 DNC over vietnam war
Force and Stability and Moderation
parties tend to tame extreme elements, parties can unite different groups
how do representatives get help with decision making?
party (whips), constituents, colleagues and caucuses-logrolling, interest groups, cost of campaigning makes it easy to listen to (PACs, Super PACs, 527s, lobbyists, etc.)
caucus
party members meet in small groups to select delegates to the national convention (required discussion with neighbors) Party members meet in small groups throughout state to award delegates to national convention
single member plurality system
party must get 1+ vote than other party only one member (party) represents each district The major reason that third parties do not play much of a role in Congress.
cheif legislature
pass/veto state of union convene emergency session of congress
Anti-Feds response Fed Papers
pen names- brutus and cato argued states would have no power under constitution supreme court wold be too powerful by invalidating tate law executive branch would have too much power needs bill of rights
Mass Media
people spend a lot of time on skewed data
electoral college
people who vote the states vote. each state gets 1 for each senator and 1 for each representative (DC has three even though no senators/reps) Faithless Electors 538 (435 +100 +3) 270 to win Majority to win 12th Amendment fix 23rd Amendment for DC Each state based on members of House and Senate
approval ratings
percent determined by poll which says how people feel about a person/program
presidential apporval ratings
periods of high approval offer pres an opportunity to get congress on board with policies high ratings at honeymoon period as pres takes divisive action, popularity wanes (bill clinton is exception bc he was honest and said he lied) most pres experience a rallying event that surges approval
party identification
personal affinity for a party expressed by tendency to vote for a candidate of that party losing strength
white house staff
personal assistants, senior aides, usually include chief of staff (oversees EOP), those who plan domestic policy, those who work with congress and interest groups, those who deal with media, size has increased over time; *not subject to senate confirmation*
people sometimes vote on __________________
personal benefits (taxes, civil rights, retirement, etc.)
"one person, one vote"
phrase from Baker v. Carr and Wesberry v. Sanders that means that each district should be relatively equal in population
vice president
picked for political/geography balance power? up to presient, since carter gave mondale more power, it's the norm
first lady
political roles media and public portrayals personal efforts
barriers for minorities in elections
poll taxes racism, prejudice intimidation english-only ballots majority-minority districts minorities tend to be democratic so the districting matters
1816-1861 growth of bureaucracy
post office grew (jackson made postmaster general a cabinet) post office is example of spoils system
Devolution Revolution
power returns from federal states (no more New Federal)
office of management and budget
prepares the pres's annual budget proposal, reviews the budget and programs of the executive, supplies economic forecasts, analyzes bills and agency rules budget and policy experts Which executive agency, created by FDR, drafts the president's budget?
executive agreement
pres getting around advice and consent of congress informal agreement enters into by pres and the head of another country ex. iran deal; not permanent to next administration; cements role of pres in foreign affairs; supreme court has upheld exec agreements every time they were challenged
power between president and congress
pres has upper hand but supposed to be equal (energetic president). congress usually gives power to pres in crisis but can also remove pres
public funds matching funds
pres primaries: FEC will match <$250 by federal treasury uses pres election campaign fund available to those who use it spending limits
Cues from Leader
pres' bully pulpit to influence
veto power
presentment clause chief legislator authority of executive to reject any congressional legislation pres has input in legislation threat of veto prompts congress to draft better bills veto requires both houses 2/3 to override (very hard to override so it doesnt happen very much) pres cannot veto a joint resolution that proposes a constitutional amendment
Intermingling of Branches
president has ability to veto legislation judicial review Congress passes law, but President drives agenda some say Supreme Court too powerful with rulings on abortion and criminal procedures that have, in effect, made it a law-making body
character issue
press obsesses over "sins" ex. watergate- press replaced party structure in screening process; scandal sells
media bias
press tells untruths or only party of truth, or facts ut of context
(Primary/General/Both?) Danger is moving too far left/right
primary
(Primary/General/Both?) Only for one party (with exception of Louisiana which has a blanket)
primary
how are delegates selected
primary and caucus party leaders have less control of it ex. democrats no longer use unit rule
order of pres elections
primary and caucus in winter and spring (select candidates for general election and delegates for convention) national conventions state elections electoral college
congressional rules
procedures not spelled in Constiution adopted by House and Senate that govern lawmaking make legislative process difficult to operate
Journalsim
process of collecting and dissimating news new info has been more incivilized than today
hatch act of 1939
prohibited civil servants from taking active role in partisan campaigns (contributions, work, or campaigning for one)
economic interest groups
promote economic interests of members, most fully ad effectively organized groups traditionally farm and labor (AFL-CIO) now more comomonly big business (Philip Morris, Haliburton)
Voter Turnout
proportion of voting age public that votes some estimates say 40%
regional primary
proposal to divide nation into 5-6 regions and every state votes at same time as states in its region
bill
proposed law must ahve consent of both houses
federal trade commission
protect small business from unfair competition
CLayton Act of 1914
protection rights like striking was undefeated by businesses
most effective lobbying
provide accurate info
impacts of polling
public opinion can fluctuate shouldnt the outcome of the debate force a poltiician to take a position, not be passive
paid media
purchased for campaign
which poll do pollsters not really care about the responses
push poll
spin
put most favorable interpretation on candidates and negative interpretation on opponent always. makes discerning facts and opinion challenging
administrative adjudication
quasi-judicial process in which a bureaucratic agency settles disputes similar to the way courts resolve disputes less formal than courts Ex. Congress lets the FTC determine what constitutes an unfair trade practice EEOC and Social Security also have judges
rulemaking
quasi-legislative administrative process that has the characteristics of a legislative act regulations are the rules that govern the operation of all government programs and have the force of law in essence, bureaucratic rule makers often act as lawmakers as well as law enforcers when the make rules or implement congressional statutes.
modern electronic media
radio tv networks online apps
New Deal
rampant unemployment 1933-1939 under FDR national government would have to expand authority as soon as FDR was inaugurated, Congress passed aphabetocracy
stratified samping
random most rigorous based on 4 regions of census data
samples
random sample strata sample quota sampling stratified sampling
1860
realigning election
When the number of Congressional districts in a state changes.
reapportionment
redistricting
redraw districts to refelct apportionment and internal popu shift and gerrymandering
make up of Executive Office of President
reflects pres' priorities ex. bush and office of faith-based and community initiatives
motor voter
reg through DMV (higher turnout) national voter reg act of 1993 people thought it was an unfunded mandate
state and local parties have more _______ power
regional than the national does
How to imporve voter turnout?
register to vote closer to election make election day a holiday use proportional rep (not winner-take-all) to encourage 3rd party representation autmoatically reg at 18 motor voter
all lobbyists must
register with clerk in House and Senate Report their clients/issues lobbied estimate amount paid by their clients
hard money
regulated contributions from individual PAC money is used for federal election has limits to directly support/oppose candidate money that is regulated by FEC
press briefing
relatively restricted live engagement with press. questions limited to 1-2 topics; press secretary or aide represents public official
501 (c) (3)
religious groups
Problems Under the Articles of Confederation
reluctance to give power to the national government Congress could rarely even get enough to meet (9) little agreement war debt, but Congress couldn't raise taxes Congress could only ask states for money. Congress could coin money, but it was worthless States began coining their own money, adding to the confusion Congress could not regulate commerce Individual states entering agreements with countries No executive to enforce laws fearful of a tyrannical leader No judiciary PA and VA went to war disputes about borders Many states violated Treaty of Paris, which officially ended the War State governments became dominated by a faction some state legislatures were accused of not protecting property rights of citizens passed laws that canceled debts and that confiscated the property of loyalists, created paper money which caused inflation that benefited debtors instead of creditors a problem with majority rule = can lead to tyranny of the majority in a small government
investigative journalism
reporters go beyond headlines and scrutinize public officials to find wrong doing ex. watergate-shifted direction of journalism, press has become very powerful
Describe the job of a representative
represent people for legislation
party representation in congress and influence on legislative process
representation is reflective of party chamber as a whole party pushes agenda determines leadership
Head of state
represents us as country meet with national heroes bestow honors to celebrities visit disaster areas
lobbyists
reps who seek to influence legislation that will benefit interest group oil steel sugar industries become effective at controlling legislature
red states
repub south midwest southwest rockies alaska
Which major political party does this statement describe? "Supporters favor traditional social values along with a judicial philosophy of restraint, favoring a more rigid reading of the Constitution. The core of support of the party comes from the South and the Mountain West as well as from religious conservatives across the country."
republican
cuban americans vote
republican
more education
republican except grad school students are dem
equal time rule
requires broadcast and stations to sell air time equal to all candidates in a political campaign
think tanks
researchers, scholars, academics policy ideas put out position papers, leaning left or right are not a formal part of a party ex. brookings (D), Cato (Libertarian), Heritage (R)
origination clause
revenue bills originate in House: revenue (raise)/appropriation (spend)
radio
revolutionary in 1900s coolidge and FDRs fireside chats
habeas corpus
right of prisoner to challenge detention on legal grounds, right to know the charges against you
third partyism
rise of alternative minor parties based on a single cause neglected by the major parties result of poltiical dissatisfaction
protests
risk jail time ex. shays rebelllion civil rights era
Theocracy
rule by religious leader, or by officials who are divinely guided/inspired Example: Supreme Leader of the Islamic Republic of Iran Ali Khomenei
executive order
rule or regulation by pres that has effect of law published in federal register can help clarify or implement legislation or make new policy ex. Truman desegregated military, LBJ institutionalized affirmative action, Reagan, Clinton, Bush on abortion
citizens united
said corporations and unions may fund indep expend with money from treasuries preivously only IE by PACs which were regulated so now, unlimited money for IE PACs must disclose name of donor and itemize amount spent in FEC report Super PACs are called IE only Committee (IEOC)
Great Compromise (also called CT Compromise):
same number of reps in the Senate; House reps by population House originates bills for raising and spending money
shortcomings of polls
sampling error-difference between the enitre population and sample. is on a bell curve can be wrong limited options-only two options, for example lack of info-if people don't know what theyre being asked about, the answers are skewed intensity-cant express how you feel
committee hearing
scandals celebrities sensational event
Presidential Succession Act of 1947
scheme by which a presidential vacancy is filled (not the same as the 25th Amendment)
under washington, ehad of each department was called
secretary congress created AG
profile of bureaucrats
selected on merit (pendleton act) small percent not based on civil service system appointive diverse and spread across 7 regions of the country many are close to retire ->program to train new ones -->trend to use outside contractors bc cheaper to train
treaty clause
senate approves pres treaties with 2/3 vote ex. Treaty of Versaillses by Wilson not approved by Senate
hold
senator asks to be informed before bill is brought to floor (a moratorium)
house appropriations committee
sets funding levels for depts, agency heads often have to justify funding levels congressional support services, like CBO and GAO can track bureaucratic policy and budgeting
Concurrent Powers
shared powers ex. tax, borrow money, est. courts States can't lay duties on items exported from a state *Supreme Court has original jurisdiction in disputes between states*
constitutional powers of congresss
shared powers between houses naturalization clause necessary and proper clause revenue bills
coalition builder
since FDR, executive plays large role in legislative process. Contract with America sought to change this but didn't work build coalitions (group/s who cooperate for common cause) building coalitions is hard in divided govt.
media on congress
size og congress is too big bicameral and lots of committees hard to centralize bc of committees (whips, majority/minority leaders, speakers) local coverage devoted to local congressmen
1850s
slavery broke whigs into REpublican (1854) nominated Fremont in 1956.
press regulation
slippery slope to censorship, if you want the New York Times, you have to allow paparazzi
501 (c) (4)
social welfare groups
collective good
something of value which cannot be withheld from individuals in the potential group
Conference Committee
special joint committee that reconciles differences in bills passed by house and senate made by members that originally worked by bill
stump speeches
speeches during campaign it's the same speech every day
spoils system to merit syste
spoils reached high at lincoln *pendleton act* passed after garfield's assassination by a disgruntled job seeker
Literary Digest
started in 1916 with postcards (oversampled wealthy) straw poll
political action committee (PAC)
started in 1974 with FECA a committee that raises and spends money to elect/defeat candidates most are business, ideological, labor regulated ($5k to a candidate committee per cycle) many politicians also from leadership PACs as a a way to raise money for other candidates campaigns
government units
state and local governments that lobby federal govt for fed $ block grants and pork barrel legislation
Platforms
statement of general and specific philosophy every 4 years and national convention platforms not as important
Personal Responsibility and Work Opportunity and Reconciliation Act of 1996
states control welfare
referendum
states/counties submit proposed legislation to voters for apporval. wording is important. are they good for direct democracy? (lower class underrepresentatived) could well-funded interest groups influence process? State legislature wants citizen opinion on pending legislation.
Anti-Federalists
strong state government and weak national opposed constitution protect states from a powerful and tyrannical govt small farmers shopkeepers laborers believed in common man's decency and participatory democracy elites are corrupt want protection for individual rights anti-british pro-french
Federalists
stronger national governemtn support constitution later are the first party under Adams tended to be property ownders, rich, merchants of NE and Mid-Atlantic, elitists (saw themselves as most fit to govern), pro-british, anti-french
texas v. johnson
struck down a law banning the burning of the flag because falg burning is protected symbolic speech
Parties and Judiciary
supposed to be above politics can be partisan and patronage appoint judges from party judges elected (on state level) more partisan
congress est size of
supreme court
who can mandate states?
supreme court categrorical grants fed govt
Federalism
system of governemnt where government authority is shared by national and sub-national governments. Power is derived from the people. Fear of tyranny led to separation of power from state and national governments
pres succession
system of orderly transfer of power 1. vp 2. seaker 3. pro temp 4 sec of state, treasury, defense
litigation
take legal action
pollster
takes polls to decide what resonates with people
527s
tax exempt group tenchnique used to bypass BCRA (BCRA created 527 loophole) raise money for poltical activites (GOTV, issues) no contribution limits from tax code, not in FEC used to get around campaign finance laws
revolving door
tendency for former govt workers (esp. in bureaucracy) to use their connections and work for interst groups
horse-race journalism
tendency of national media to focus on the winner maybe at expense of covering issues bandwagon, importance of strong early shwoing, self-fulfilling prophecy
frontloading
tendency of states to primary asap (70% delegates awarded by march), are nominees selected too early? benefits the frontrunner
when you exapnd the economy, you expand
the bureaucracy
rule of propinquity
the closer you are to power, the more power you have workers in white house 7 cabinet secretaries pres surrounds himself with most loyal confidants who get power
lobbying
the process by which interest groups attempt to assert their influence policy - making
What happened at the Constitutional Convention?
there were competing plans when the delegates met in Philadelphia on May 25, 1787 VA Plan (Edmund Randolph and James Madison) consisted of 15 resolutions that would create an entirely new government NJ Plan (William Paterson) took greater steps to preserve the Articles
Idealogues
think about poltics and vote strictly on the basis of liberal/conservative and party affiliation
vetting
thorough investigation to enure an individual is qualified fo rthe job
Anti Feds and Feds
those were not mobilizing parties, based on leader's personalities
Key Features of Separation of Powers
three separately staffed branches of government to exercise functions Constitutional equality and independence of each branch
why don't people vote?
too busy diffiuclty of reg (most reg voters do vote though so you just need to get them registered) low number of adults are even reg "cost" of reg is high difficulty of absentee voting too many elections? but that's federalism
common criticisms of bureaucracy
too large, powerful, unaccountable and wasteful
impeachment process
treason/briverry/misdemeanors/high crimes check and balance with use of House (50%) and Senate (2/3) impeachment begins in house impeachment travels through congress just like a bill
cheif diplomat
treaties recognize other ambassadors control dept of state
power to make treaties
treaty is agreement bw US and another country 2/3 confirmation from senate senate can require amendments pres may electe fast track status
midterm congressional elections
trend for pres' party to lose seats --maybe public wants to send a message --especially strong in 6th year of presidency vs. 2nd year --great example in 1994- devolution revolution --reason for this--midterms have lower turnout --2002 was an exception for Bush bc he gained seats
candidate recruitment and endorsements
try to recruit like-minded candidates (EMILY's List (liberal), WISH list)
district plan
two electors selected according to statewide popular vote and other electors would be selected separately in each of the state's congressional districts
president of senate
unique leadership in constitution vp in presidening officer (the president) only job is to vote when there is a tie mostly delegated to a junior member
pentagon papers
unveiled by ellsberg that revealed secrecy of nixon in vietnam war so congress passed war powers act
many large corp
use lobbysists
franking
use tax $ to sign instead of stamp
Adams
used party to win office during his 1 term competing caucuses organized around Hamilton and Jefferson (just meetings) Parties are very important in Congress; parties caucus in Congress
grassroots
uses ordinary citizens door-to-door petitions emails websites
single issue groups
usually more zeal abortion (army of god; NARAL (national abortion rights action league), EMILY's List (pro choice) gun control (NRA; Brady Campaign (more pro-gun than NRA))
pardon
very broad power not for impeachment *executive grant providing all rights to an indiv* charged/convicted of federal crime ex. ford pardoned nixon so nixon wouldnt face cahrges can pardon groups ex. carter pardoned men who his out of us to avoid vietnam war
501 (c)
very common tax exempt engage in varying amount of poltiical activity which can be their primary purpose no contribution limits donate to Super PACs big role in TV ads from tax code, not in FEC used to get around campaign finance laws
specific advantages for incumbents
visible in district name recognition 95% of House is redistricted large staff experience
crossover voting
vote agaisnt a candidate of another party (especially in runoffs)
Prospective Judgement
vote based on candidate's pledges if elected-requires otesrs to be knowledgeable about issues. Both judgements can be harsh (pres isn't entirely responsible for good/bad during terms)
Deserting Party Affiliations and ticket-splitting
vote diff parties in diff elections (more common in divided govt (like one party has presidency and one party has House)) (doesn't happen at primaries because you say either democrat or republican)
early iterations about electoral college
vote for 2 candidates, #1 is pres and #2 is VP- tie goes to teh House, this was before parties (nonpartisan)
straight jacket
vote on same aprty lines always (blacks usually do this)
logrolling in congress and influence on legislative process
vote trading/bargaining speeds process govt can do more
recalls
voters can remove an incumbent with popular vote rare some recent ones in wisconsin and california should politicians be able to be recalled or see if they can fix things deelection (vote someone out of office) just gets you out of a job for doing somehting unpopular (impeachemnt is diff bc youve done omsehting ilegal and its on fed scale)
primary
voters choose candidates for general election ticket
retrospective govt
voters judge performance of party/person in power 1980- Carter's Iranian Hostage Crisis (worst retrospection) 1984- yay for Reagan 1988- yay for reagan 1992- boo for bush 1996- yay for clinton 2000- tough to say 2004- bush encouraged people to judge Kerry's record in Senate
campaign strategies
voters trust the media more than ads an isolated candidate can't cause media problems staged media events spin talk show debates cattle show
What are federal laws or policies towards representation and voting?
voting rights act of 1965 preclearance - no more lit tests baker v carr compact and contiguous districts 12th 19th 24th 15th 17th 23rd 26th
civil war and growth of govt
war caused bureaucracy to exapnd lincoln created dept of agricutlre to help farmers iwht new science pension office for veterans and benefits DOJ added in 1870 (only dept without a scretary, but ti has AG) rise in number of depts and eployees and patronage
most major expansions of bureaucracy occur bc of
war, social crisis, econ emergency
print media
way more reporters readership is down in newspapers papers have to focus on local stuff diversity is down bc media conglomerates make media homogenous
post civil war
weaken executive A. Johnson was not going along with reconstruction agenda and passed tenure of office act johnson was impeached but not removed (same for bill clinton)
candidate's personal contributions
wealthy candidates ex. romney, trump
Member to candidate contributions
well-funded electoral secure incumbents can contribute campaign money to needy candidates - can be done via PACs or individual donations
whigs and dems
were first two-party system 1832-1854
press covers ______________________________________
what candidate is doing (whether or not they are looking successful)
sophomore surge
when a candidate first runs for reelction, that candidate gets a bigger vote (probs bc incumbency)
runoff primary
when one doesnt get 50%, it's a contest betweeen two highest nominees
when do third parties run for office?
when open seat in House or when competition bw D and R is low do best when people dont trust major parties
gerrymandering
when redistricting, the majority party in the state legislature can try to assure max representation in congresss by drawing districts in a political way. does mapmapker have more power than voter? can make winning a primary>winning a general election. you have to be so liberal/conservative to win primary bc the districts are gerrmandered to be that way
Appellate Jurisdiction of the Supreme Court
when there's a conflict among the lower courts
electoral college results reveal
which regions parties dominate
which party ceased to exist in1860?
whigs
who is more likely to vote
white wealthy educated old
to award electors, most states use
winner take all (maine and nebraska don't)
winner-take-all primary
winner takes all delegates (democrats avoid this) (used by republicans to garner delegates quickly)
what do presidents look for in appointments?
wisdom, loyalty, competence, recent push to make them look more american (diverse)
appointment power
with advice and consent of senate (1/2 vote) pres appoints ministers, consuls, justices, officers 6000 appointments justices appointed can last a long time and have pres' legacy
Even after the Civil War, the Supreme Court continued to rule
with dual federalism and upheld laws passed under states' police powers
push poll
with ulterior motive (info on an opponent) reputable firms dont do them results arent recorded
Christian COalition
wored closely with bush in 2001 as he created office of faith based and community initiatives
press release
written document offering official comment or position on an issue or event; was physical, now technology
invisible primary
year prior to official nomination season, candidates campaign and fundraise early Because of frontloading, candidates begin campaigning and fundraising a year before primary season
is press biased
yes-recent bias is unintentional
