AP Gov Test Review
Plurality
- (An election with more than 2 options) - The number of votes for the candidate or party receiving the greatest number (but less than half of the votes)
Roe v. Wade (1973)
- 14th Due Process, right to privacy - Involves a Texas law that criminalized abortion - SCOTUS struck down the law on the right to privacy from the 14th amendment due process clause (substantive reading of the due process clause) - Expanded on Griswold v. Connecticut (1965) right to privacy which threw out a law banning contraceptive use, but is a shift because it used substantive due process. In Griswold the liberal Warren Court used the "penumbra" or shadow of the Bill of Rights to justify the right to privacy (right to privacy not explicitly mentioned but can be implied from combination of the other rights in the BOR) - Uses substantive due process which used to be a Conservative argument (now it's not, they hate it because they hate this case) - Roe expands right of women's control over their bodies - They got there not through liberal thinking but through substantive due process, a more liberal court would have gone with the penumbra (shadow of Bill of Rights) or 9th amendment argument from Griswold - Majority said that states can make laws based on trimesters == Rules: In the 1st trimester, states cannot pass any laws limiting access to abortion. In 3rd trimester, states may ban abortion. In 2nd trimester, state may legislate on abortion but only in the interest of protecting the life of the mother - Became enormously controversial a bit later, after the decision is released
Brown v. Board of Ed (1954)
- 14th Equal Protection - Brought to the SCOTUS the issue of segregated schools in Kansas - Pioneered the class action suit because Linda Brown represented all other black students who wanted to attend desegregated schools - Challenged the separate-but-equal doctrine - SCOTUS outlawed segregation in public schools, said that separate is inherently unequal and deprived black students equal protection of the laws - Found that state-imposed public school segregation violated the 14th Equal Protection clause
Shaw v. Reno (1992)
- 14th Equal Protection, racial gerrymandering - Dealt with North Carolina's redistricting plan, which only had 1 minority majority district - US Dep of Justice told NC to create another minority majority district - NC complies, then files lawsuit against Clinton's Attorney General - SCOTUS ruled that in this case, the plan is unconstitutional because of the 2nd district == Said that racial gerrymandering segregated blacks from whites instead of creating districts built around contiguous communities == Basically O'Conner sees no difference between Jim Crow racial gerrymandering and affirmative racial gerrymandering - Mr. Carroll think this is too formalist, meaning it applies to everything regardless of the circumstances. He doesn't think that the jiggling of 2 districts is equal to systematic exclusion of voting - Main issue at stake is formalist v. substantive not restraint vs activism == O'Connor said that SCOTUS never said that a colorblind system is constitutional rejects formalism in that sense, saying that race-conscious decision-making is not always permissible - Court held that although NC's reapportionment plan was racially neutral on its face, the resulting district shape was bizarre enough to suggest that it constituted an effort to separate voters into different districts based on race - The unusual district seemed to exceed what was reasonably necessary to avoid racial imbalances - SCOTUS ruled that redistricting based on race must be held to a standard of strict scrutiny under the equal protection clause
Baker v. Carr (1961)
- 14th Equal Protection, reapportionment - TN had not redistricted since 1900, even though the state constitution required it every 10 years - Pre 1960, courts refused to hear reapportionment cases on the basis that they don't have a legal or constitution solution, only a political one and should go through the legislature instead - SCOTUS ruled that cases on reapportionment are judicable because there is a constitutional issue: unequal representation, which is prohibited under the 14th amendment equal protection clause
Lemon test (establishment clause)
- A 3 point test for determining the constitutionality of government programs and laws under the establishment clause 1) Must have a secular purpose 2) Primary effect must not to be advance or inhibit religion 3) They must not entangle the government excessively with religion (Lemon program did not meet this b/c the government would have to monitor constantly)
Political Action Committee (PAC)
- A 527 organization that pools campaign contributions from members and donates those funds to campaign for or against candidates, ballot initiatives, or legislation
Electoral College
- A body of electors chosen by voters to cast ballots for president and vice president
Amicus curiae brief
- A brief filled (with the permission of the court) by an individual or group that is not a party to a legal action but has an interest in it
Sound bite
- A brief, memorable comment that can easily be fit into news broadcasts
Joint committee
- A committee made up of members of both the House and the Senate
Filibuster
- A delaying tactic, used in the Senate, that allows any senator to prevent a bill from coming to a vote
Referendum
- A direct vote by the people on either a proposed law or an amendment to a state constitution
Office of Management and Budget (OMB)
- A division of the Executive Office of the President - Assist the president in preparing the annual budget - Clear and coordinates all department agency budgets - Helps set fiscal policy - Supervise the administration of the federal budget
War Powers Resolution
- A law passed in 1973 in reaction to American fighting in Vietnam and Cambodia - Requires presidents to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants extensions - Presidents don't like this
Class-action lawsuit
- A legal action brought by a person or group on behalf of a number of people in similar circumstances - Ex: Brown v. Board
Unfunded mandate
- A mandate issued by the national government in which federal funds are not provided - Ex: Americans with Disabilities Act
Caucus
- A meeting at which local members of a political party register their preference among candidates running for office or select delegates to attend a convention - A conference of members of a legislative body who belong to a particular party or faction
Living Constitution
- A method of interpreting the Constitution that emphasizes the principle it embodies and their application to changing the circumstances and needs
Executive agreement
- A pact between the heads of two countries - Unlike treaties, they do not require Senate approval
Standing committees
- A permanent congressional committee that specializes in a particular area
Blanket Primary
- A primary in which voters can vote for the Democratic candidates, the Republican candidates, or some from each party
Initiative
- A procedure by which voters can propose an issue to be decided by the legislature or by the people in a referendum - Requires gathering a specified number of signatures and submitting a petition to a designated agency - Favored more in the west
Deregulation
- A reduction in the level of supervision of a business market or other activity by a government bureaucracy
Whip
- A senator or representative who helps the party leaders stay informed about what party members are thinking
Rules Committee (House!)
- A special committee of the House of Reps having the authority to establish rules or methods for expediting legislative action, and usually determining the date a bill is presented for consideration
Swing state
- A state in which no candidate has overwhelming support, meaning that any of the major candidates have a reasonable chance of winning the state's electoral college votes
Conference committee
- A temporary committee created to work out differences between the House and Senate versions of a specific piece of legislation
Select committees
- A temporary congressional committee created for a specific purpose and disbanded after that purpose is fulfilled
pocket veto
- A veto taking place when Congress adjourns within 10 days of having submitted a bill to the president - Simply lets it die by neither signing nor vetoing it
Dual Federalism
- A view holding that the Constitution is a compact among sovereign states, so that the powers of the national government and the states are clearly differentiated 1) National government rules by enumerated powers only 2) National government has a limited set of constitutional purposes 3) Each government unit—nation and state—is sovereign within its sphere 4) Relationship between nation and states is best characterized by tension rather than cooperation
Cooperative Federalism
- A view holding that the Constitution is an agreement among people who are citizens of both state and nation, so there is much overlap between state powers and national powers 1) National and state agencies typically undertake government functions jointly rather than exclusively 2) Nation and states routinely share power 3) Power is not concentrated at any government level or in any agency. The fragmentation of responsibilities gives people and groups access to many venues of influence
Supermajority
- A vote that must exceed the number of votes compromising a "simple majority (1/2)" - In Congress, several major legislative actions require a supermajority vote, most notably impeaching the president, declaring a president incapable of serving under the 25th amendment, and amending the Constitution
Party identification
- A voter's sense of psychological attachment to a party - Not the same thing as voting for the party in any given election
Habeus Corpus
- A writ requiring a person under arrest to be brought to a court or a judge - Right to fair trial
Casework
- Activities of members of Congress that help constituents as individuals - Cutting through bureaucratic red tape to get people what they think they have a right to get
express advocacy
- Advertising that educates voters about issues, with a specific candidate endorsement
Congressional Budget Office (CBO)
- Advises Congress on the probably consequences of its decisions, forecasts revenues, and is a counterweight to the president's OMB
Appropriation
- Allocation of funds for programs
Critical Election
- An election that produces a sharp change in the existing pattern of party loyalties among groups of voters == The election of 1860 established the Republicans as the major party in the North and the Democrats as the dominant party in the South == The election of 1896 strengthened the link between the Republican party and business interests in the Northeast and Midwest, making it the majority party nationally for more than three decades == The election of 1932 during the Great Depression transformed the Democrats into the majority party for more than three decades == The election of 1968 ended the Democrats' domination of national politics, as Republican presidential candidates ran well in the South
Single-member districts
- An electoral district in which voters choose one representative or official
Pluralism
- An interpretation of democracy in which government by the people is taken to mean government by people operating through competing interest groups - Think that democracy exists when many (plural) organizations operate separately from the government, press their interests on the government, and even challenge the government - Thus democratic government relies on responsiveness to organized groups of citizens - Two major mechanisms are interest groups and a decentralized structure of government that provides ready access to public officials to interest groups to voice their opinions - Does not require much knowledge from general citizens, but instead requires specialized knowledge from groups of citizens - Weakness of pluralism is that it justifies disparities in levels of political organization and resources among different parts of society
Brutus 1
- Argues against ratification, objecting to the creation of a national government under the Constitution - Adhered to popular democratic theory that emphasized the benefits of a small decentralized republic while warning of the dangers to personal liberty from a large, centralized government - Says that factions and clashes of opinion will be chaotic - Army is needed which will lead to tyranny - Representatives will be non-responsive and ignore the will of the people - Worried that the powers are too broad and that the national government will encroach on the responsibilities of the states == Ex: States can't nullify federal rulings == Happy that the Articles of Confederation doesn't tax the states - Doesn't see Federalism as in-between of strong government and strong states
Lobbying
- Attempts to influence a policymaker through personal contact with that individual - Lobbyists usually convey their arguments by providing data about a specific issue
Entitlements (payments as legal right)
- Benefits to which every eligible person has a legal right and that the government cannot deny - Ex: social security
527s
- Can take in unlimited contributions and produce issue ads, thus fulfilling the role of soft money outside of the party system
SuperPAC
- Category of funding organizations that can accept an unlimited contributions - Established by SpeechNow.org vs. FEC in 2010 - Can do express advocacy
Ways and Means Committee (House)
- Committee charged with reviewing and making recommendations to the government budget
State vs federal jurisdiction
- Constitution Article II: Federal Questions Clause - Anything under federal law or federal Constitution can go to federal court - Federal law is fairly limited, has to be granted to Congress - Things like murder go to state courts unless its murder of a postal worker
Civil rights
- Constitutional rights of all people, not just citizens, to due process and the equal protection of the laws - Freedom from
Civil liberties
- Constitutionally protected freedoms of all persons against government restraint - Freedom to
Hard money
- Contributions made directly to a specific candidate - Must follow limits set by FEC
Segregation (de facto v. de jure)
- De Facto: Racial segregation that occurs in schools, not as a result of the law, but as a result of patterns of residential settlement - De Jure: Racial segregation that is required by law. Went away for the most part after Brown v. Board
Deficit (v. debt)
- Deficit is the excess of federal expenditures over federal revenues - When the government has a high deficit, it has to borrow money to pay its dues - The borrowed money then turns into the Federal Debt - Deficit is yearly while debt doesn't really end
Contributions
- Donations that are made directly to a candidate or a party and that must be reported to the FEC - As of 2012, individuals were allowed to donate up to $2500 per election to candidate and up to $30800 to a political party
Declaration of Independence
- Drafted by Thomas Jefferson - The document that proclaimed the right of the colonies to separate from Great Britain == Idea of social contract theory, or the belief that people agree to set up rulers for certain purposes and thus have the right to resist or remove rulers who act against those purposes
Horse-race journalism
- Election coverage by the mass media that focuses on which candidate is ahead rather than on national issues
Clear and present danger test
- Established in Schenck - A means by which the SCOTUS has distinguished between speech as the advocacy of ideas, which is protected by the 1st amendment, and speech as incitement, which is not protected
Tax expenditure
- Exceptions in tax codes that benefit certain people (like companies) - Tax breaks
Expenditures
- Expenses on behalf of a political message that are made by groups that are uncoordinated with any candidate's campaign
Sunset amendment/provision
- Expiration date for a bill - Meant to create moderation - Ex: Alien and Sedition Acts
Pre-emption
- Federal government takes responsibility for making something happen and not the states - State and national policy overlap - Business interests like this - Ex: Federal gov took action to establish food labels based on the commerce clause, though states could have done it through the police power
FOIA
- Freedom of Information Act (1967 and amended in 1974) - Amended in the wake of the Nixon administration to provide transparency - Bureaucracies have to give public information or explain why - Does not apply to Congress, White House, or Courts, only to the bureaucracy - Ex: Historians can file FOIA requests with the FBI
Checks and balances
- Gives each branch some scrutiny and control over the other branches - Aim is to prevent the exclusive exercise of certain powers by any one of the 3 branches
Subsidy
- Government grants of cash or other valuable commodities such as land to individual or organizations - Can be used to promote activities desired by the government, reward political support, or buy off political opposition - Ex: AAA paid farmers to stop farming
Incumbent
- Government official who currently holds office - Incumbents have name recognition, casework, campaign financing, and usually redistricting powers
Block grant
- Grant-in-aid awarded for general purposes - Allows the recipient great discretion in spending the grant money
Federalist 78
- Hamilton addresses the scope of the judicial branch 1) Says that judges will be appointed just like any other official is appointed 2) Judges serve a lifetime term but must adhere to the strict rules and practice "good behavior" 3) Argues that the judiciary branch is the weakest branch of them all. It only has the power to judge, not carry out those judgements, and is dependent on the other branches to carry out its will - However, Hamilton recognizes that it is crucial for the judiciary to exist separate from the legislature because the legislature cannot judge itself - Hints at the power of judicial review
Federalist 70
- Hamilton's argument for a singular executive as opposed to multiple executives 1) Singular executive has more "energy" meaning he/she can make quick decisions and take quick action 2) Argues against plural executive because its too hard to assign blame/responsibility 3) Strong executive = strong government, but executive is limited by a term limit and only has the veto as legislative power
Citizenship Clause
- If you're born in the US you're a citizen - Used to overturn Dred Scott
Stare decisis
- Let the previous decision stand - Using previous judgement as justification - Reason to not take new cases
Grassroots lobbying
- Lobbying activities performed by rank-and-file interest group members and other supporters - Ex: Letter-writing campaigns and protests - Often in conjunction with direct lobbying
Letter from Birmingham Jail
- MLK was writing to moderate white church leaders who were generally sympathetic with Civil Rights but less sympathetic if it led to arrest (MLK had just broken the law in Alabama) - Wanted to justify nonviolent protests - MLK writes that there are just and unjust laws - Ordinary law (made by man) and higher moral law (made by God) - Says that unjust laws are out of line with higher moral law - Unjust laws are those that the majority compels the minority to obey but does not make it binding on themselves - King says that if ordinary laws is not aligned with higher moral law, then civil disobedience is ok
Federalist 51
- Madison argues for separation of powers and checks and balances - Says that checks and balances will work because "ambition counteracts ambition" - Responds to Brutus saying that if branches are fighting one another they can't oppress citizens - Basically checks and balances control efforts at tyranny from any source - Said that distributing power among 3 branches makes sure that one branch can't overpower the others - Ex: Legislative authority divided between Senate and House of Reps
Opinion (majority, concurring, dissenting)
- Majority: Opinion of the majority (most) judges who voted a certain way - Concurring: A judge agrees but for a different reason - Dissenting: Disagreeing
Writ of certiorari
- Mechanism that makes the case move to a higher court
Soft money
- Money given to parties and committees - There is no limit to the amount of money that can be given to a party for party-building exercises (though party is limited on how they can spend)
Police power
- Most important reserved power to the states - Ability for government to protect order by protecting safety, health, and morals - Basis for almost all criminal law - NO enumerated police power - (created by 10th amendment)
Judicial review
- Not explicitly stated in the Constitution, established by Marbury v. Madison (1803) - SCOTUS established that the Court has the ability to nullify government acts that conflict with the Constitution - Judiciary branch interprets laws
Original/Appellate jurisdiction
- Original: The authority of the court to hear a case "in the first instance" - Appellate: The authority of a court to hear appeals form the decisions of lower courts
Veto
- POTUS disapproval of a bill that has been passed by both houses of Congress - Congress can override a veto with a 2/3 vote in each house - Talked about Fed 51 - Shapes laws
Constituents
- People who live and vote in a government official's district or state - Contributes to pluralism because the diversity of America is mirrored by the geographical basis of representation in Congress
Honeymoon period
- Period at the beginning of a new president's term during which the president enjoys generally positive relations with the press and Congress, usually lasting about 6 months
Judicial activism
- Philosophy proposing that judges should interpret the Constitution to reflect current conditions and values
Judicial restraint
- Philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say
Speaker of the House
- Picked by all members of the House - Top ranking member in the House
Political appointees (v. civil service)
- Political appointees are the employers of civil servants - They can change and change what civil servants do - Heads of the bureaucracy
Factions
- Political parties and special interests or interest groups
Pork and earmarks
- Pork: Add spending items into a bill to help benefit your district == Crosses party lines (benefits people) - Earmarks: Federal funds appropriated by Congress for local projects == Banned in 2011, now Congresspeople have to do more to convince other members that the projects have merit - Based on experience
Concurrent powers
- Powers that the Constitution gives to both the national and state governments - Ex: The power to levy taxes
Executive order
- Presidential directives that create or modify laws and public policies, without the direct approval of Congress
Line-item veto
- Presidential power to strike, or remove, specific items from a spending bill without vetoing the entire package - Declared unconstitutional by the SCOTUS
Closed Primary
- Primary elections in which voters must declare their party affiliation before they are given the primary ballot containing that party's potential nominees
Open Primary
- Primary elections in which voters need not declare their party's affiliation and can choose one party's primary ballot to take into the voting booth
Due process (substantive/procedural)
- Procedural: What processes do states have to follow == Involves selective incorporation, that states have to follow parts of the Bill of Rights == Gideon - Substantive: Some things that states can never do regardless of process. Some rights are inherent in the word "liberty" in the 14th amendment == Liberty has a meaning == Lochner v. NY Bakers and hours one == Ex: Right of privacy not mentioned in the Constitution, but implied to be contained in liberty
Issue advocacy
- Promoting particular position or an issue, paid for by interest groups or individuals but not by candidates
Apportionment and districting
- Redistribution of representatives among the states, based on population change - The House is reapportioned after each census
Gerrymandering
- Redrawing a congressional district to intentionally benefit one political party
De-alignment (since 1960s)
- Removing of voting blocks, less connection to parties - Increase in the number of independent voters - Increase in split-ticket voting - Divided government (different branch parties) - Lessening of party loyalty (Ex: "Reagan Democrats")
Funded mandate
- Requirements that the federal government issues to states and local governments to provide additional services under threat of penalties or as a condition of the receipt of federal grant money - Ex: Drinking age within states
Free Exercise Clause
- Second first amendment clause - Prevents government from interfering with citizen's religious rights == WI v. Yoder
Incorporation (Selective)
- Selective incorporation is the process by which the SCOTUS requires (on a case-by-case basis) that states obey certain clauses of the Bill of Rights - Made possible by the 14th Amendment due process clause == 14th amendment binds states so can impose on states parts of Bill of Rights that are needed for due process - Selective incorporation means that only the clause of the Bill of Rights that the SCOTUS deems "fundamental" are applied to the states
Fiscal policy (taxing/spending)
- Set by Congress - Determines how much the government, how the burden of these taxes will be distributed, and whether the government will run a deficit or surplus
Shays' Rebellion
- Shay led a bunch of farmers protesting against high taxes in 1786 - Rebellion demonstrated the importance of the confederation and the urgent need to suppress insurrections and maintain domestic order
Miranda warnings
- Statements concerning rights that police are required to make to a person before he or she is subjected to in-custody questioning - Based on the 5th amendment privilege against self-incrimination
Due Process Clause
- States can't take away life, liberty, or property without due process of law - Due process (substantive vs procedural) - Gideon v. Wainwright - Requires the government to adhere to appropriate procedures - Forbids unreasonable government action that infringes on important substantive freedoms
Equal Protection Clause
- States must provide equal protection under the law - Meant almost nothing until Brown v. Board
Front-loading
- States' practice of moving delegate selection primaries and caucuses earlier in the calendar year to gain media and candidate attention
Categorical grant
- Target specific purposes - Recipient government typically has little discretion
Franking privilege
- The ability of members of Congress to mail letters to their constituents free of charge by substituting their signature (frank) for postage
Separation of powers
- The assignment of lawmaking, law-enforcing, and law-interpreting functions to separate branches of government - Safeguards liberty by ensuring that all government power does not fall into the hands of a single group or person
Re-alignment
- The change in voting patterns that occurs after a critical election - Does not end with the critical election but persists through several subsequent elections
Realignment
- The change in voting patterns that occurs after a critical election - Does not end with the critical election persists through several subsequent elections
Majoritarianism
- The classical theory of democracy in which government by the people is interpreted as government by the majority of people - Primary mechanism is the popular election of government officials - Contends that citizens can control their government if they have adequate mechanisms for popular participation Ex: Referendum, initiative
Supremacy Clause
- The clause in Article VI of the Constitution that asserts that national laws take precedence over state and local laws when they conflict
Articles of Confederation
- The compact among the 13 original states that established the first government of the US - Although the Articles guaranteed the states the independence they coveted, they were a failure - They left the central too weak to deal with disorder and insurrection
Political socialization
- The complex process by which people acquire their political values - Ex: Family, school, community, peers, and the media
Federalism
- The division of power between a central government and regional governments
Racial gerrymandering
- The drawing of a legislative district to maximize the chance that a minority candidate will win election
14th Amendment
- The due process clause - Equal protection - Citizenship clause - Privileges and immunities
Federalist 10
- The factions = good one - Madison defended the form of republican proposed by the Constitution - Argued that a large and heterogeneous republic will control factions because factions pitted against each other will result in balance - Says that procedural democracy exists but not substantive - Argued that a pluralist democracy would be good, rebuking idea that a government had to be small and homogeneous to be successful
Establishment Clause
- The first clause in the First Amendment which forbids government establishment of religion == Engel v. Vitale
Impeachment (process)
- The formal charging of a government official with "treason, bribery, or other high crimes and misdemeanors" - Requires a simple majority in the House and a supermajority in the Senate
Amendment (formal and informal (change in meaning, not words))
- The founders recognized that the Constitution would need to be amended to serve the changing needs of the country
Prior restraint
- The government preventing something from getting published - NY Times vs the US - Strongly disfavored by the SCOTUS
Exclusionary rule
- The judicial rule that states that evidence obtained in an illegal search and seizure cannot be used in trial
Elastic Clause
- The last clause in Article I, section 8 of the Constitution, which gives Congress the means to execute its enumerated powers even if the method is not specifically stated - Is the basis for Congress's implied powers - Aka the necessary and proper clause
Cloture
- The mechanism by which a filibuster is cut off in the Senate - 3/5ths approval needed
Reserved powers (10th A)
- The powers not delegated to the US by the Constitution, nor prohibited by it to the States, are reserved to the states respectively, or to the people - Enhances power of the states - Better than enumerated powers because reseved powers can expand - Most important is the police power
Enumerated powers (Art. I, sec. 8)
- The powers that are granted to the US federal government from Art 1 sec 8 - Taxation, creation of a military, ability to declare war, establish a court system, create money, regulate commerce, regulate immigration/naturalization, powers of impeachment
Impoundment
- The presidential practice of refusing to spend money appropriated by Congress - Countered by Budget Reform and Impoundment Act == Requires President to spend all appropriated funds unless Congress approved the impoundment
Oversight
- The process of reviewing the operations of an agency to determine whether its carrying out policies as Congress intended
Litigation
- The process of taking legal action
Gender gap
- The regular patterns 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
Iron triangle
- The relationship between Congress (especially Sub-Committees), Government agencies (bureaucracy), and interest groups - Helps create policy in the US and all 3 parts want to protect their own self interest
Executive privilege
- The right of the POTUS and other members of the executive branch to maintain confidential communications under circumstances within the executive branch and resist some oversight by the legislative and judicial branches
Divided government
- The situation in which one party controls the White House and the other controls at least one house of Congress
Free-rider problem
- The situation in which people benefit from the activities of an organization (such as an interest group) but do not contribute to those activities - Increases difficulty of finding paid members - The larger the group, the more free-riders there are
Party platform
- The statement of policies of a national political party - Democratic Party platforms stress equality over freedom - Republican platforms stress freedom but also emphasize the importance of restoring social order
Civil service system
- The system by which most appointments to the federal bureaucracy are made, to ensure that government jobs are filled on the basis of merit and that employees are not fired for political reasons
Coattails
- The tendency of lesser-known or weaker candidates to profit from the presence on the ticket of stronger candidates
Commerce Clause
- The third clause of Article I, Section 8, of the Constitution - Gives Congress the power to regulate commerce among the states - In Gibbons v Ogden in 1824 Marshall ruled that commerce included all forms of commercial activities
New Federalism
- The transfer of certain powers from the US federal government back to the states - 1990s - Shifts from categorical grant to block grants, which states like because block grants give them more freedom - Ex: US v Lopez: restricts how far the Commerce Clause can be applied
Split-ticket voting
- Voting for candidates from different parties for different offices
Majority Leader (H and S) and Minority Leader (H and S)
- Whichever party has the majority chooses a leader - In the House the majority leader is second most powerful behind the speaker - Majority leader in the house is 2nd in command to the Vice President
Standing
- Who is entitled to bring a case 1) Must be actual controversy between real adversaries 2) Person bringing suit must show he/she has been harmed by the law or practice involved in the complaint 3) Merely being a taxpayer does not entitle a person to challenge the constitutionality of government action
Bicameral legislature
- a lawmaking body made up of two chambers or parts - Congress is made up of the House of Reps, which is based on population, and the Senate which is based on equal representation - Set forth in Article 1 of the Constitution
Engel v. Vitale (1962)
- establishment clause - About state law requiring school prayer in NY public schools - The prayer says "God" so it doesn't appear to be very non-denominational, though NY tried to say it was - SCOTUS through out the law as unconstitutional as a violation of the establishment clause - Hugo Black argued that since the prayer was written by public officials to be enacted in a public institution (schools), the government's power, prestige, and money supported a certain religious vision - Also factored in the indirect pressure to conform
Deficit spending
- federal expenditures are greater than federal revenues
McCulloch v. MD (1819)
- federalism, popular sovereignty - Court asked to decide whether Congress had the power to establish a national bank, and if so, whether states could tax that bank - Court conceded that Congress only had the powers conferred on it by the Constitution, which did not mention banks - However, Marshall used the necessary and proper clause of the Constitution to justify the national bank - Said that "the power to tax involves the power to destroy" so states cannot tax the national government because the bank represents the interests of the whole nation (state cannot tax those it does not represent)
Wisconsin v. Yoder (1972)
- free exercise clause - Amish had problem with Wisconsin law that required attendance through high school - Conflict of interest between the state interest in educating the young and the parents' interest in exercise of their religion - SCOTUS allowed the Amish to get out of school, saying that the Amish are a coherent group with an established religion and they are not a charge of the state - Said the law violated Amish's right to free exercise
Citizens United v. FEC (2010)
- free speech, campaign finance - Review of BCRA and one of the first campaign finance laws - Struck down an old law from 1907 that prevented corporations and unions from making expenditures - Gave corporations, unions, and individuals First Amendment rights to donate unlimited amounts of money to buy political ads for candidates without disclosure - Technically they are still not allowed to make contributions - Added to doctrine of corporate personhood (idea of company as a person) - Struck down portion of BCRA that prevented spending 60 days before election - Subsequent case in lower court led to creation of Super PACs (PAC that can raise an unlimited amount of money for expenditures but can't coordinate with candidates)
Schenck v. US (1919)
- free speech, clear and present danger test - Shenck convicted under a federal criminal statute for attempting to disrupt WWI military recruitment by distributing leaflets claiming that the draft was unconstitutional - Government thought this threatened the public order - SCOTUS upheld the convictions on the basis that the defendants were a clear and present danger to the US at the time so were not protected by the First Amendment free speech clause - Creates clear and present danger test == Creates a problem (violence/crime/danger) right away (present) and likely to happen (clear) == Ex: Can't falsely shout fire in a movie theater
NY Times v. US (1971)
- free speech, prior restraint - Dealt with the Pentagon Papers, an internal study of Vietnam handling that revealed the government's mistakes and lies to the public - Nixon administration asked for injunction against NYT to prevent them from publishing, claiming national security in wartime == (This argument was weak because report was about past lies not future plans) - This is prior restraint, when the government asks a media outlet to not publish something before it is published - SCOTUS refused the injunction, taking a civil libertarian position and saying that prior restraint is strongly disfavored - Said that if there was illegality involved, the solution is to punish it afterwards as opposed to in advance == Nixon could have charged NYT with illegally revealing classified information, but didn't b/c it would make his administration look bad
Tinker v. Des Moines School District (1969)
- free speech, symbolic speech - High school students were suspended when they wore black armbands protesting the Vietnam war on the grounds that the armbands were disruptive - SCOTUS overturned suspensions, saying that the 1st amendment right of free speech extends into (public) schools - Said that armband was part of symbolic speech so included under 1st amendment - Said that "mere discomfort or unpleasantness" is not a good enough reason to limit student speech
McDonald v. Chicago (2010)
- incorporation, Second Amendment - District of Columbia v. Heller decision overturned the strictest gun-control statute in the country on the basis that there is a personal constitutional right to keep a loaded gun at home for self-defense. However, it left a host of issues unanswered - Question of whether the individual right to keep and bear arms in the 2nd amendment should be incorporated into the 14th Amendment to apply to the states - SCOTUS ruled yes, saying that an individual right to bear arms is fundamental and cannot be prohibited y state or local government - 4 justices used the due process clause while Justice Thomas put it under the privileges and immunities clause - After this case, the Court declined to hear many other cases that would further clarify the constitutional protections of the 2nd amendment
Gideon v. Wainwright (1963)
- incorporation, criminal procedure - Clarence Earl Gideon was accused of breaking into a pool hall but was to poor to afford a lawyer and was sentence to Florida jail - Lots of states filed amicus briefs on his behalf because they were already providing poor prisoners with lawyers - Appealed his conviction to SCOTUS - SCOTUS overturned his conviction and extended to defendants in state courts the Sixth Amendment right to counsel == Example of selective incorporation - State retried Gideon, this time with the assistance of a lawyer, and the court found him not guilty
Marbury v. Madison (1803)
- judicial review - Supreme Court declared that the courts have the power to nullify government acts that conflict with the Constitution - Situation was lose-lose: IF Marshall rules in favor of Marbury, Madison might not comply and make the judiciary look weak. On the other hand, if Marshall votes in favor of Jefferson and Madison, it looks like he buckled to the executive and makes the court look weak - SO, Marshall declared Section 13 of the 1789 Judiciary Act unconstitutional, saying that the Supreme Court can't enforce writs of mandamus - Brilliant because Jefferson isn't forced to do anything but sets precedent of judicial review
US v. Lopez (1995)
- new federalism - Law at stake was the gun-free school zones law - Law looks to be an issue of police power, but it was based on the commerce clause - Law used a "cost of crimes" argument saying that guns in schools will cause people to move away - Law also tried to argue the national productivity argument, saying that guns in schools leads to bad education which leads to a poorly educated workforce which leads to a lack of competitiveness - Court ruled 5-4 that Congress exceeded its authority under the commerce clause by passing this law - Majority argued that having a gun in a school zone has nothing to do with commerce or economic enterprise - Example of judicial activism and is a conservative decision
What is the "holding" of a case?
- the result/ ruling of the case
