all AP gov Flashcards
declaration of independence
natural rights, social contract, and popular sovererighty
US Constitution
established a limited government with ket features such as republicanism, federalism, separation of powers, and checks and balances
natural rights
fundamental rights of all humans not received from a government
popular sovereignty
people are the source of governmental power and authority
limited government
governmental power is restricted by the law
social contract
people create a government to protect rights of the people
republicanism
a representative form of government, people choose representatives to make public policy
participatory democracy
emphasizes broad participation and an active role for individuals citizens in politics and civil society
pluralist democracy
group based activism striving to impact political decision making, individuals become more powerful as part of a group
elite democracy
emphasizes limited, or filtered citizen participation in politics and civil society, skeptical of the ability of citizens to make good choices
Brutus 1
power should be held by the people, local governments are more democratic and allow citizens to more directly influence public policy
Federalist 10
multiple groups compete for power, its natural for people to form groups and in a large republic there will be so many that no single group will dominate policymaking
Congress powers through AOC
declare war
make treaties
raise an army
coin and borrow money
Congress powers not given in AOC
tax
regulate interstate commerce
shays rebellion
weak federal response began shifting public opinion towards favoring a strongest central government and a new constitution
great compromise
created a bicameral legislature, house and Senate
electoral college
selects president, some wanted direct election by citizens, others wanted Congress to select president
amendment process
2/3 both House of Congress propose
3/4 states ratify
Federalist 51
separation of powers, checks and balances, Madison argued that because Congress would be the strongest branch, having a bicameral legislature would serve as a check within a branch, leading to a slower more deliberate lawmaking process
separation of powers
each branch is assigned specific powers, so each branch has limited powers
checks and balances
each branch has the ability to limit/block/influence actions of other branches
federalism
division of power between national, state, and local governments
delegated powers
given to the federal government
ex) declare war, raise army, treaties, interestate commerce, coin money
concurrent powers
held by both federal and state government
ex) tax, borrow money
dual federalism
layered cake
states and federal each supreme in their own spheres of power, no overlap
cooperative federalism
marble ckae
federal and states share responsibilities, costs, and administration of policies, increase federal power
mandates
rules that states must follow whether federal government provides money or not
categorical grants
federal money to states for a specific purpose, may have conditions of aid
block grants
federal money to states for use within a broad purpose, more freedom to states
commerce clause
expands congressional power
modern broad interpretation of commerce clause
only Congress can regulate anything affecting interstate commerce
necessary and proper clause
expands federal power
Congress can make laws necessary and power for executing their enumerated powers
enumerated powers
directly written in constitution
Congress declares war, raise army, coin money, regulate interstate commerce
implied powers
not directly written
based on necessary and proper clause
Congress can make legislation on economic, environmental, and social issues
mcCulloh v Maryland
1819
expanded federal power
Congress has implied powers
established a national bank based on necessary and proper clause
cannot tax government based on supremacy clause
US v. Lopez
1995
limited Congress commerce clause powers
struck down gun free school zones act
10th amendment creates a federal system that protects state power
commerce clause does not give Congress endless power
House
435 members
represents population
serve 2 year terms
more formal
stricter rules
Senate
100 members
represent states
serve 6 year terms
less formal, fewer rules
house powers
initiate all tax and revenue bills
power of impeachment
house rules committee
committee of the whole
discharge petition: a majority of the House can vote to force a bill out of committee
Senate powers
confirm nominations
ratify treaties
filibuster : a long speech to prevent a vote on a bill
holds: a senator can prevent discussion of bill
cloture: a 3/5 vote to end debate and end filibuster
unanimous consent agreements
standing committee
permanent, bills sent here first, edit/revise/markup bills, hold hearings, most bills never advance beyond committee, conduction congressional oversight, investigate branches and agencies
committee chairs
leader of congressional committees, always from majority party, has tremendous influence over legislation in committee
speaker of the house
most powerful member of Congress, presides over house, schedules bills for debate and votes, always from majority party
implied powers of congress
economic legislation
environmental legislation
social issues
pork barrel legislation
provides tangible benefits, jobs, money to a district
logrolling
vote trading, often but not necessarily related to pork barrel legislation
entitlement spending
spending on programs/benefits people are entitled to receive by law
reapportionment
changing the number of seats each state has in the HOR, following census
redistricting
redrawing congressional districts, done by state legislatures
gerrymandering
drawing congressional districts in bizarre shapes usually to benefit a party
policy gridlock
slow/difficult to pass legislation, confirm nominations
Baker v. Carr
1962
banned malapportionment, established one person one vote principle of equal representation
Shaw v Reno
1993
banned racial gerrymandering, held that race conscious redistricting violates the equal protection clause even if the purpose is to help minorities, held that constitution is colorblind
trustee
represenatives votes his/her conscience regardless of what constituents want
delegate
vote how constituents want, even if they personally disagree
politicio
sometimes a trustee, sometimes a delegate
bully pulpit
a position of authority allows the president to speak out on any issue
state of the union
nationally televised speech delivered to Congress, attempt to gain support for his agenda and pressure congress
nomination needed
federal judges, cabinet secretaries, ambassadors, heads of executive agencies
no confirmation needed
white house office/staff, chief of staff, press secretary, advisors
loose constructionist
one favoring a liberal construction of the constitution of the US to give broader powers to the federal government
strict constructionist
interpreting the constitution based on a literal and narrow definition of the text without reference to the differences in conditions when the constitution was written
marbury v madison
1803
established judicial review
the power of the court to rule on the constitutionality of congressional laws, executive orders, and state laws
federalist 78
life terms for federal judges established an independent judiciary that can engage in judicial review
judicial branch is least dangerous, lacking budget or war powers, rely on other to enforce their decisions
precedent
a past decision that influences future decisions
following precedent is a guiding principle but court can change and establish new precedent
stare decisis
let the decision stand
means to follow precendent
a guiding principle, but not a requirement, for judges
judicial activism
courts can and should overrule other branches when wrong, should freely use their powers to advance societal goals
judicial restraint
courts should defer to democratically elected branches whenever possible
cabinet departments
major area of responsibility over a broad policy area
ex) departments of state, treasury, justice, etc
executive agencies
perform public services
ex) EPA, CIA, NASA
independent regulatory commissions
make rules regulating specific industries to protect public, more narrow area of responsibility
ex) FEC, FCC, SEC, Federal reserve
government corporations
provide services that could be provided by private companies, but are not profitable
ex) Amtrak, TVA
administrative tasks
writing and enforcing regulations
issuing fines
testifying before congress
issue networks and iron triangles
iron triangles
congressional committees, interest groups, bureaucratic agencies
political patronage
bureaucrats receiving jobs as political favors
civil service
merit system promotes professionalism, specialization, and neutrality
merit system
bureaucrats earn jobs based on merit and/or civil service exam
congressional oversight
committee hearings and investigations into an agency’s activities
allows Congress to ensure that they are satisifed with what they are doing
committee hearings
agency heads must testify before congress about agency activities
civil liberties
individual personal freedoms
1st amendment
freedom of religion, speech, press, assembly, petition
2nd amendment
right to bear arms
3rd amendment
no quartering of troops in peacetime
4th amendment
no unreasonable search and seizures
5th amendment
due process, no self incrimination, no double jeopardy, eminent domain, grand jury
6th amendment
right to speedy and public trial, call and question witness
7th amendment
trial by jury in civil cases
8th amendment
no cruel and unusual punishment or excessive bail
9th amendment
unenumerated rights of the people (implied rights)
10th amendment
states rights, reserved to them that the federal government doesn’t have
incorporation
application of bill of rights to the states
selective incorporation
bill of rights has been applied to states on a case by case basis
protected speech
symbolic and hate speech
unprotected speech
libel, slander, obscenity, speech intended to incite imminent illegal action and likely to produce such a result
Engel v Vitale
1962
states cannot hold prayers in public schools even if participation is voluntary and the prayer isn’t tied to a specific religion
Wisconsin v Yoder
1972
compelling Amish students to attend public school beyond 8th grade violates the free exercise clause
Tinker v Des Moines
1969
students have free speech
symbolic speech is pure speech
schools can only limit speech if it interferes with the operation of the school
Schenck v US
1919
speech can be limited if it creates a clear and present danger
upheld the espionage act
NY times v US
1971
because of the 1st amendment, freedom of press, there is a heavy presumption against prior restraint, government couldn’t block publication of Pentagon Papers
miranda rule
suspects in custody must be informed of their 5th and 6th amendments
public safety exception
if a question is asked to neutralize a dangerous situation and a suspect responds voluntarily, the statement can be used even though it was made before the miranda rights were read
pretrial rights of the accused
right to legal counsel, speedy and public trial and impartial jury
protection against warrantless searches of phone data
limitations placed on bulk collection of telecommunications metadat
McDonald v Chicago
2010
incorporated an individual right to bear arms through the 14th due process clause
Gideon v Wainwright
1963
incorporated the right to an attorney
roe v Wade
1973
established and incorporated a right to an aboriton
right of privacy
isn’t enumerated in BOR, discovered in Griswold v Connecticut
civil rights
protection of groups of people from discrimination
equal protection clause
nor deny to any person within its jurisdiction the equal protection for the laws
due process clause
nor shall any state deprive any person of life, liberty, or property without due process of law
civil rights act of 1964
banned discrimination based on race, color, gender, religion, or national origin in public accommodations or employment
brown v board of education
1954
racially segregated public schools violate 14th amendment
voting rights act of 1965
banned literacy tests, other obstacles to vote
required states with a history of voting discrimination to obtain federal approval for election laws and policies
title IX of the educational amendments act of 1972
prohibits discrimination on the basis of sex in any federally funded education program
affirmative action
preferential admissions and hiring policies for minorities, allowed but no quota system, no points awarded for race
race conscious
equal protection clause only bans policies designed to harm, not help minorities
colorblind constitutions
equal protection clause bans any policy that makes racial distinctions, even if they’re intended to help minorities
patriot act
2001
legislation passed after 9/11 to improve law enforcement ability to protect against terrorism
USA freedom act
2015
restricts collection of telephone metadata on US citizens
core American values
individualism
equality of opportunity
free enterprise
rule of law
limited government
individualism
each person is responsible for herself, free to do what she chooses to do
equality of opportunity
each person has an opportunity to succeed, however equality of outcome is not guaranteed
free enterprise
an economic system based mostly on markets and freedom of people to choose what to buy and sell
rule of law
no person is above the law
political socialization
the process of a person obtaining their political ideology
family
peers
education
media religion
generational effects
different voting patterns and political beliefs for people in different generations
lifecycle effects
people focus on different issues at different points in life
types of polls
opinion
benchmark
tracking
entrance/exit
opinion poll
poll to measure public opinion on a particular issue
benchmark poll
used to find out where a candidate stands before any campaign, learn strengths, weakness, what issues to focus on
tracking poll
a continuous poll to chart changes in opinion over time
entrance/exit poll
taken as people enter/exit polling places on election day, used to predict election outcome, to gain insight of voter behavior, and to analyze how different demographic groups voted
