Final - Studying Flashcards
Politics def
the process of influencing the actions and policies of government
Government def
the rules and institutions that make up that system of policymaking
Natural rights
the right to life, liberty, and property, which government cannot take away.
John Locke
Social contract
- people GIVE their govt.s the power to rule over them to GET / ensure an orderly and functioning society.
- If a govt. violates that social contract, then the people have the right to replace that govt. with a just one.
- John Locke
Popular Sovereignty
(a kind of sovereignty) the idea that the government’s right to rule comes from the people. (stated in preamble)
inalienable rights
rights that the goverment cannot take away.
Ex: life, liberty, and the pursuit of happiness.
Republicanism
a government’s authority comes from the people through their representatives.
Representative govts. are more efficient that direct democracy govts. (like in Ancient Greece) - people can’t vote on every little issue.
Liberty
social, political, and exonomic freedoms
Freedom from interference/etc. or freedom to do something/etc. - often tension between these two.
Participatory Democracy
widespread participation is key/essential for democratic government.
Civil Society Groups
independent associations outside of the government’s control
Pluralist Theory
emphasizes the role of groups in the policymaking process.
Ex: NRA, AARP, ACLU, the National Legal Foundation
ELITIST theory, however, is thinking that it’s all run by elites
Constitutional Republic
(a democratic system) with elected representatives in which the Constitution is the supreme law.
Republic
a government ruled by representatives of the people.
-James Madison was interested in creating a republic that lasted (unlike other republics)
-Madison’s research played a huge role in designing the new American government
Articles of Confederation and Perpetual Union
a governing document that created a union of thirteen sovereign states in which the states, not the national government, were supreme.
Unicameral
a one-house legislature.
Shay’s rebellion
a popular uprising against the government of Massachusetts.
A violent insurrection in the Massachusetts countryside during 1786 and 1787, Shays’ Rebellion was brought about by a monetary debt crisis at the end of the American Revolutionary War
Constitutional Convention
- a meeting attended by state delegates in 1787 to fix the Articles of Confederation.
- Rhode Island did not show
- James Madison was the first delegate
- George Washington served as president of the proceedings.
- Othr delegates - Benjamin Franklin, Alexander - Hamilton
- Delegates were all rich men - didn’t really accurately represent
Writ of Habeas Corpus
the right of the people detained by the government to know the charges against them
Bills of Attainder
when the legislature declares someone guilty without trial.
Ex Post Facto Laws
laws punishing people for acts that were not crimes at the time they were committed.
Virginia Plan
- a plan of government calling for a three-branch government with a bicameral legislature (two houses) where more populous states would have more representation in Congress.
- Members of the lower house were nominated by the people , members of the upper house would consist of representatives nominated by state legislatures and chosen by members of the lower house.
- Some questioned if they could be equally represented in this
The New Jersey Plan
proposed a unicameral legislature where each tate delegation (chosen by state legislature) would get one equal vote in that legislature.
Grand Committee
a committee at the Constitutional Convention that worked out the compromise on representation.
Great (Connecticut) Compromise
- an agreement for a plan of government that drew up on both The Virginia Plan and The New Jersey Plan. It settled issues of state representation by calling for a bicameral legislature with a House of Representatives apportioned proportionately and a Senate apportioned equally.
- Under Article I, Section I, the national legislature would be bicameral.
- Decided that a number of members from each state in the House of Representatives would be chosen according to state populations, The people would directly elect these representatives.
- States would be represented equally in the upper chamber, The Senate. Two senators would be chosen from each state by their state legislatures.
The Three-Fifths Compromise
an agreement reached by delegates at the Constitutional Convention that a slave would count as three-fifth’s of a person in calculating a state’s representation
Compromise on Importation
congress could not restrict slave trade until 1808.
Separation of Powers
a design of government that distributes powers across institutions in order to avoid making one branch too powerful on its own.
Checks and Balances
a design of government in which each branch has powers that can prevent the other branches from making policy.
Federalism
the sharing of power between the national government and the states.
The Legislative Branch
- the instituition responsible for making laws,
- Congress + legislative branch have to work together to pass laws.
Expressed or Enumerated Powers
The specific powers given directly to Congress in Article I of the Constitution
Necessary and proper or elastic clause
in Article I, Section B, granting Congress the power necessary to carry out its enumerated powers.
Done to preserve its flexibility,
Implied powers
authority of the federal government that goes beyond its expressed powers.
Executive Branch
- the institution responsible for carrying out laws passed by the legislative branch.
- Lead by one executive - The President.
- President has some power over Congress, but they can Veto the president.
Judcial Branch
the institution responsible for hearing and deciding cases through the federal course.
Supremacy Clause
constitutional provision declaring that the Constituition and all natural lawa and treaties are the supreme law of the land.
Amendment
the process by which changes may be made to the Constitution
Amending a document is a twi stage process, with two possible routes the the completion of each stage.
Federalists
supporters of the proposed Constitution, who called for a strong national government
Antifederalists
those who opposed the proposed Constitution, who favored stronger state governments.
Federalist Papers
a series of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay and published between 1787 and 17888 that lay out the theory behind the Constituition.
Federalist No.51
an essay in which Madison argues that separation of powers and federalism will prevent tyranny.
Faction
a group of self-interested people who use government to get what they want, trampling the rights of others in the process. Believed by Madison to be the most dangeroous threat to a republic.
FED 10!!
Federalist No.10
an essay in which Madison argues that the dangers of faction can be mitigated by a large republic and republican government.
Brutus No.1
An Antifederalist Paper arguing that the country was too large to be governed as a republic and that the Constitution gave too much power to the national government.
Annapolis Convention
Only 5/13 states attended the Annapolis convention, which they had originally thought would be the solution.
Riot Act
In response to Shay’s Rebellion
MA passes “Riot Act” and wealthy Bostonians fund state militia.
Riot act was a Disaster - you could deputize and shoot and kill as an officer without being charged
Federalism
a system that divides power between national and state governments.
Police powers are under authority of the states, power of taxation is shared, etc.
Unitary System
- a system where the central government has all of the power over subnational governments.
- The United Kingdom, China, and Iran . most countries have this system.
Confederal System
- a system where the subnational governments have most of the power
- The United States under the Articles of Confederation. Also Switzerland
Federal System
- a system where power is divided between the national and state governments
- Has constitutional protections for each level against encroachment on its poweers by the other levels
- The United States, Mexico, Nigeria, Russia
Exclusive Powers
- PART OF ENUMERATED POWERS!!
- powers only the national government may exercise.
– Ex - power to coin money, declare war, make treaties, raise and support an army and navy, etc.
Implied Powers (not enumerated powers!!)
- powers not granted specifically to the national government but considered necessary to carry out the enumerated powers.
Commerce Clause
- grants Congress the authority to regulate interstate business and commercial activity
- Anything you make or grow or sell COULD be sold to someone from another state and that’s out of your control.
- “Regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.”
Necessary and proper clause
- grants the federal government the authority to pass laws required to carry out its enumerated powers. This is also called elastic clause
- “Make all Laws which shall be necessary and proper for carrying into Execution… Powers vested by this Constitution in the Government of the United States.”
Supremacy Clause
- establishes the Constitution and the laws of the federal government passed under its authority as the highest law of the land
- “This Constitution, and the Laws of the Unites States..shall be the supreme Law of the Land.”
- This means that the states must abide by the laws passed by Congress, even if the state constitutional provisions conflict with them.
Tenth Amendment
reserves powers not delegated to the national government to the states and the people; the basis of federalism.
Reserved Powers
- powers not given to the national government, which are retained by the states and the people.
- Police powes , the ability to conduct elections , the constitution cannot be amended without the consent of three-fourths of the states.
Concurrent Powers
powers granted to both states and the federal government in the constitution.
Both may enforce laws, create and operate a system of courts, and charter banks and corporations.
Full Faith and credit clause
- constitutional clause requiring states to recognize the public acts, records, and civil court proceedings from another state.
- This means that a couple married in vermont is still married in Alaska, etc.
- There are limits - for example, some states might make you get a ne drivers license.
Extradition
the requirement that officials in one state return a defendant to another state where a crime was committed.
Privileges and immunities clause
constitutional clause that prevents states from discriminating against people from out of state.
John Marshall
- very important figure in shaping federalism after the ratification of the Constitution.
- Chief justice in the Suporeme Court from 1801 - 1835 (longest-serving chief justice in American history)
Marshall Court - McCulloh vs. Maryland (1819) Cited
- Cited Necessary and proper clause.
- Believed that a valid implied power of Congress gave congress the right to establish the bank.
- The court decided that the Federal Government had the right and power to set up a Federal bank and that states did not have the power to tax the Federal Government
- The first of the major federalism cases
“The case centered on the Second Bank of the United States, a national bank chartered by Congress, whose charter had been left to expire and amid a ‘debate about iits constititionality’. Many questioned if – - Congress had the authority to charter a national bank. Several states, including Marylandm passed laws rto tax the Second Bank of the United States. Bank officials in Maryland refused to pay the state tax, and the dispute went to the US Supreme court.
Gibbons v. Ogden (1824)
- Focused on the power of congress to regulate the trade “among several state”.
- Court decided that the federal government has exclusive power over interstate commerce.
- Focused on the power of congress to regulate the trade “among several state”.
- Court decided that the federal government has exclusive power over interstate commerce.
13th Amendment
constitutional amendment that outlaws slavery
14th Amendment
constitutional amendment that provides that persons born in the United States are citizens and prohibits states from denying persons due process or equal protection under the law.
Equal Protection Clause
15th Amendment
constitutional amendment that gave African American males the right to vote.
Plessy v. Ferguson (1896)
A case in which the Court held that state-mandated segregation laws did not violate the equal protection clause of the Fourteenth Amendment
“Separate but equal”
Dual Federalism
- a form of American federalism in which the states and the national government operate independently in their own areas of public policy.
- Distinct but not complete separation between the fedeeral and state governments
Lockner v. New York (1905)
in which the state reed to limit the working hours of bakers to 60 hours per week.
Selective Incorporation
the process through which the Supreme Court applies the fundamental rights in the Bill of Rights to the states on a case-by-case basis
Gitlow v. New York (1925)
- SELECTIVE INCORPORATION
- the Court ruled that freedom of speech and the press are fundamental liberties proteced by the due process clause from violations by the states
Cooperative federalism
a form of American federalism in which the states and the national government work together to shape public policy
The Great Depression and Changes in American Federalism
- Increased the power of the national government
- State and local govts could not help because they had spent - they asked for help from the National Government
The New Deal (Great Depression)
Roosevelt Greatly Expanded the Role of the National Government
Grants-in-aid
- federal money provided to the states to implement public policy objectives.
- this is part of fiscal federalism
Fiscal federalism
the federal government’s use of grants-in-aid to influence policies in the states
Categorical grants
grants-in-aid provided to the states with specific provisions on their use
Kind of like bribes ?
Unfunded Mandates
federal requirements that states must follow without being provided with funding.
The Americans with Disabilities Act of 1990 (required states to make public buildings accessible)
Block Grant
- a type of grant-in-aid that gives state officials more authority in the disbursement of federal funds.
- Provides federal money for public policies in a way that tires to inceease state, local, and regional authority in how that money is spent and lessel federal influence.
Revenue Sharing
when the federal government apportions tax money to the states with no strings attached.
Devolution
returning more authority to state or local governments.
The United States v. Lopez (1995)
- involved the Tenth Amendment. It limits the federal government’s ability to pass legislation under the commerce clause and gives more power to the states. Sided with Lopez
- Brought a firearm into a school with the intent to sell it.
PRESERVING STATE’S AUTHORITY
United States v. Windsor (2013)
In a 5-4 decision, the Supreme Court ruled that the section of DOMA classifying only opposite-sex marriages as legal undr federal law was unconstitutional
Obergefell v. Hodges (2015)
Legalized gay marriage nationwide.
Unitary Government
One national power holds ALL authority
Can create and dissolve smaller governments (state or local)
Confederacy
Smaller independent (sovereign) states hold equal power
Can voluntarily work together but no real central authority
Articles of confederation!
National Govt. Powers (Federalism)
Coining money
Postage system
Foreign relations
(starting war, etc)
State Gov Powers (federalism)
Conducting elections
Public education
Establish local govt
Regulate interstate commerce
Both State and Federal Government Powers (Federalism)
Collect taxes
Establishing and administering a judiciary
Regulate banks
Borrow money
Provide for common good
Make and enforce laws
Dual Federalism (Layered Cake)
Clear divide between state and federal powers
Little cooperation between the state and national gov
Cooperative Federalism (Marble Cake)
National and state governments work together (Usually through GRANTS - Block grant, Categorical grant, Unfunded mandates)
Congress chambers
bicameral legislature composed of two chambers: The House of Representatives and the Senate
House of Representatives
makes and passes federal laws
Senate
The Senate takes action on bills, resolutions, amendments, motions, nominations, and treaties by voting. Senators vote in a variety of ways, including roll call votes, voice votes, and unanimous consent.
Difference between Senate and House
- Senators represent their entire states, but members of the House represent individual districts. The number of districts in each state is determined by a state’s population. Each state has a minimum of one representative in Congress.
- Members of the U.S. House of Representatives each represent a portion of their state known as a Congressional District, which averages 700,000 people. Senators however, represent the entire state.
Pork Barrel Spending
- legislation that directs specific funds to projects within districts or states
- Controversial - criticized for putting narrow interests ahead of those of the nation’s voters.
Oversight
- efforts by Congress to ensure that executive branch agencies, bureaus, and cabinet departments, as well as their officials, are acting legally and in accordance with congressional goals.
- May conduct hearings and investigations for this purpose
Constituencies
a body of voters in a given area who elect a representative or senator
Apportionment
the process of determining the number of representative for each state using census data
Census conduced every 10 years
Redistricting occurs
state’s redrawing of boundaries of electoral districts following each census.
Process is often highly political and contreversial
Gerrymandering
- the intentional use of redistricting to benefit a specific interest or group of voters (ex - Group A)
- Eldridge Gerry made it and the federalists were like ayyy that looks like a salamander. And thus gerrymandering was born
Partisan gerrymandering
drawing district boundaries into strange shapes to benefit a political party
And then more and more like minded people move to those districts
Majority - Minority district
a district in which voters of a minority ethnicity constitute an electoral majority within that electoralal district
Malapportionment
the uneven distribution of the population among legislative districts
Incumbency
being already in office as opposed to running for the first time // running for reelection as oiooised to running for the first time
Incumbents usually win
Incumbency Advantage
institutional advantages held bby those already in office who are trying to fend off challengers in an election.
Baker v. Carr (1961)
The Supreme Court has the authority to review state redistricting plans, and the equal protection clause requires legislative district boundaries to be drawn to have roughly the same number of constituents under the principle of “one man, one vote”
Too many people in one district
Shaw v. Reno (1993)
The Supreme Court overturned the race-conscious drawing of a strangely shaped legislative district.
Thin ass highway-sized district
Speaker of the House
the leader of the House of Representatives, chosen by an election of its members
second in line to the president
Political Action Committees (PACs)
an organization that raises money for candidates and capaigns
“To make money and to make ‘friends’/connections”
House Majority Leader
second in command of the House of Representatives
The majority whip
a member of congress, chosen by their party membersm whose job is to ensure party unity and discipline.
Minority Leader
the head of the party with the second-highest number of seats in congress, chosen by the Party’s members
Senate Majority Leader
the person who has the most power in the Senate and is the head of the party with the most seats
Committee chairs
leader of a congressional committee who has authority over the committee’s agenda/processes.
Standing (CONGRESSIONAL COMMITTEES)
Standing
- Where most of the work of congress gets done
- Permanent and divided by policy aarea
member s tend to serve on them for multiple terms, developing expertise
- Considrer legislation and exercise oversight
Joint (CONGRESSIONAL COMMITTEES)
Joint
- Contains members of both house and senate
- They focus public attention on an issue
- Gather info for congress
- Help party leaders speed things along in the legislative process
Conference (CONGRESSIONAL COMMITTEES)
Conference
- Temporary joining committee
- Resolves differences between the House and Senate versions of a bill (which is required by the constitution
Select (CONGRESSIONAL COMMITTEES)
Select
- Temporary bodies are usually called upon to investigate an issue, sometimes in response to a crisis or scandal.
Ok so season two succession?
The Legislative Process (“I’m just a bill” - how bill’s get passed)
The First Step: Introduction
Referral to Comittee
Comittees and Subcomittees in Action
- Comittees and subommittees hold hearings to gather info about a bill
- Congressional committees are the graveyards of most bills
- Discharge Petition
Floor Consideration
Discharge petition (Leglislative process - “Committees and Subcommittees in action”)
a motion filed by a member of Congress to move a bill out of committee and onto the floor of the House of Representatives for a vote