MIDTERM Flashcards
Constitutional Government
a government where the powers of the ruler(s) are limited by a constitution
Authoritarian Government
a political system that rejects democracy and political plurality, no rule of law, strong central power
representative democracy
elected delegates represent a group of people
direct democracy
no elected delegates, but rather the people directly decide on policy (cut the middle man?)
pluralism
society made up with competing groups, no one group is predominant. different groups prevail in different areas (Dahl)
political efficacy
the citizens trust that they have the power to change the government and influence political affairs
limited government
government is limited in its exercise of delegated powers as well as the means it can employ
Articles of Confederation
the original constitution, ratified in 1781
the Virginia plan
a plan proposed by Virginia delegates for a bicameral legislative branch
the Great Compromise
the compromise between the New Jersey and Virginia plans which brought about one population based chamber of congress and one equal representation chamber of congress
3/5 compromise
a (failed) plan for there to be one legislative house of congress with equal representation, where slaves were to be counted as 3/5 of a person
bicameralism
congress has two chambers
Bill of Rights
the first 10 amendments to the constitution
separation of powers
the powers of government are divided across branches, no one branch has too much power
federalism
big government and small government(s) combined in a single system, favors the big central government
expressed powers
powers specifically granted to the federal government in the Constitution
elastic clause
congress can make laws which are necessary and proper for the execution of foregoing powers
supremacy clause
national law overrides state law
antifederalists
opposed the constitution, don’t like big central government
federalist papers
papers written to promote the ratification of the constitution
implied powers
powers granted to the government that are not explicitly stated in the constitution
necessary and proper clause
elastic clause, congress can make laws when necessary and proper
reserved powers
powers not explicitly given to the federal government by the constitution, but are given to the state under the 10th amendment
concurrent powers
powers shared by the federal and state government
full faith and credit clause
state courts must respect the laws and judgements of courts from other states
privileges and immunities clause
states cannot make or enforce laws that take away privileges or immunities of citizens of the US
home rule
local governments can pass their own laws as they see fit, as long as it doesn’t contradict state and federal laws
dual federalism
power is divided between federal and state government, state government operates without federal interference
grants in aid
federal money given to an individual to fund a project or program
categorical grants
new federalism
funds the federal government gives to the states to spend on specific things
diffusion
unfunded mandates
a regulation that is given to be followed with no funding provided to fulfill the action
incorporation
the first ten amendments are made applicable to the states through due process of the 14th amendment
barron v baltimore
construction of a city caused problems for barron, which gave us the doctrine of incorporation
establishment clause
freedom of religion
clear and present danger test
speech that imposes a threat, with real potential of imminent danger
fighting words
words meant to incite violence, not protected free speech
speech plus
communication of ideas through speech and action
prior restraint
suppression of material that would be made public that could be harmful or slanderous
exclusionary rule
a law that prohibits the use of illegally obtained evidence in a criminal trial
miranda rule
police must make those in police custody aware of their rights
eminent domain
government can take your land if they want it (they have to pay you)
equal protection clause
found in the 14th amendment, basically everyone has equal protection under the laws
thirteenth amendment
abolished slavery except for punishment of crimes
jim crow laws
racial laws that enforced segregation, mostly in the south
fourteenth amendment
part of the reconstruction, this ensured equal protection for everyone under the laws
brown v board of education
state laws establishing racial segregation were found to be unconstitutional
strict scrutiny
in order for a law to be passed, it has to make it through some stuff
de facto
legal practices or formalities not specifically stated by law
redlining
denying services, usually financial, to certain groups based on race or ethnicity
intermediate scrutiny
second level of deciding issues using judicial review
1898 wilmington race riot
white supremacists killed black people and forcefully tried to take back the government to prevent further reconstruction efforts
affirmative action
promote opportunities for those who are a minority with less access to that of the majority
delegate
a person who represents others in a democracy
trustee
a person trusted with powers of administration over property
descriptive representation
a group elects an individual to represent their interests
apportionment
how seats in a legislative body are distributed
gerrymandering
making voting districts to attempt and tip the scales in one party’s favor
speaker of the house
the presiding officer over the house of representatives
whip
ensure party discipline in legislature
conference committee
the room where it happens (work out differences)
congressional caucus
the other room where it happens (common goals)
filibuster
talk and talk and talk
cloture
procedure for ending a debate and taking a vote
germane
something relevant to the topic under discussion
omnibus appropriations bill
put a bunch of small bills into one big bill so it passes with one vote
oversight
review and monitoring of federal agencies
expressed powers (of the president)
what is clearly stated that the president can do, including vetos, make treaties, enforce laws
executive agreement
an international agreement that does not warrant a formal treaty
pocket veto
president just simply doesn’t sign the bill, allowing time in the legislative session to run out
veto
president says no
implied powers
not expressly stated, but powers that the government has
inherent powers
powers of the state or government branch that are not expressly written in the constitution
delegated powers
powers granted to the national government under the US constitution
legislative initiative
new laws can be proposed in legislature
executive order
president says do this
signing statement
something written out by the president when he signs a bill into law