Midterm Flashcards
Separation of powers
dividing governmental powers among different branches of government to protect against tyranny (Federalist 51).
Necessary and Propper Clause
Gives congress the power to do anything that is necessary and proper to carry out an enumerated power. Also known as the “elastic clause.” Leads to implied powers doctrine (McCulloch v. Maryland)
Earmarks
The practice of congressmen of securing (“appropriating”) federal money (“pork”) for projects that will benefit their constituents. Major incumbent advantage & source of budget increases
Checks and Balances
President can check the supreme court by not enforcing it. The president can veto a law and nominate judges. The legislative branch can impeach judges/the president. the supreme court can declare presidential acts and laws unconstitutional.
Dual Federalism
System of federalism that strictly separates federal power (ex. foreign relations) and state power (ex. protect against crime). Each level of government is dominant within its own sphere. Probably how the Founders thought America would work (enumerated federal powers + reserved state powers). Also known as “layer-cake federalism.”
10th amendment
Powers not expressly given to federal government by the Constitution are reserved to states or the people. Also known as “reserved powers amendment” or “states’ rights amendment”
17th amendment
Established the direct election of senators (instead of being chosen by state legislatures)
Gerrymandering
The drawing of district boundaries by the state legislature to benefit a party, group, or incumbents. Major types are political & racial.
McCulloch v. Maryland
(1) CJ Marshall establishes doctrine of implied powers (Congress can create a national bank because it is necessary & proper to carrying out the enumerated power to coin money); (2) Supremacy clause prevents state (Maryland) from taxing the National Bank. Very important case enlarging power of federal government.
US constitution
“The supreme law of the land.” Written in 1787 at Philadelphia Convention to replace Articles of Confederation and create stronger central government. Outlines structure & power of 3 branches of national government. Oldest written constitution still in use (but amended 27 times plus myriad informal amendments).
Declaration of independance
Thomas Jefferson’s statement of political liberalism (limited government to protect life liberty and pursuit of happiness; right to revolution).
Congressional term limits
A legal restriction that limits the number of terms a person may serve in a particular elected office. President limited by 22nd Amendment to 2 terms. No term limits on congressmen.
Standing committee
Permanent committees in House and Senate that handle bills dealing with a particular subject area. Examples: Defense, Budget, Education.
Conference committee
A joint committee appointed to resolve differences in the senate and house versions of the same bill
Joint committee
a committee whose members have people from one or more different organizations, Congressional committees to discuss & supervise certain topics, with membership drawn from both houses. (ex., Committee on Library, Taxation)
Bully pulpit
The Presidency is a “bully pulpit” - a good position from which to inspire Congress & the nation, with the help of the media, to follow his political agenda. Example = FDR’s fireside chats, Obama’s televised State of the Union Address…
Marbury v. Madison
Chief Justice John Marshall famously announces the existence of the power of judicial review: the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional.
Judicial activism
A philosophy of judicial decision-making where judges allow their personal views about public policy (liberal or conservative) to guide their decisions. Activist judges are comfortable declaring laws unconstitutional.
Judicial Restraint
A philosophy of judicial decision-making whereby judges give significant deference to the decisions made by elected representatives in the legislative and executive branches. Restrained judges are uncomfortable declaring laws unconstitutional.
Baker v. Carr
Equal protection clause requires “one man, one vote” principle for redistricting (legislative districts must be roughly equal in population)
Elitist theory
Belief that American democracy is a sham; we really live in a plutocracy. The Constitution was written by rich white men for rich white men.
Pluralist Theory
Belief that American political system basically works; competing interest groups all get heard at different times and places in government. Federalism helps (more layers of government).
Federalist 10
Topic = factions (interest groups) written my James madison; minority factions controlled by majority; majority faction controlled by greater size of USA + virtuous leaders; Curing them by removing their causes and controlling their effects; removing them means destroying liberty, giving everyone same opinions, same passions and interests
Faction
a group of like minded people who like the same things
