Semester 1 Study Set Flashcards
The purposes of government
- Maintain a national defense
- Provide public goods and services
- Preserve order
- Socialize the young
- Collect taxes
Pluralist Theory of Democracy
Groups of minorities working together; competition among organized groups means that public interest becomes public policy
Elite Theory of Democracy
Power is held by the wealthy
Hyperpluralism Theory of Democracy
Too many groups trying to control policy; nothing gets accomplished
How do Americans become politically socialized?
- Political parties and elections
- Interest groups
- Media
The steps of the policymaking system
- Citizens’ interests are transmitted through political parties/elections, interest groups and the media
- Congress, the presidency and the courts choose the issues on the agenda they will address
- They then make policies: Laws, executive orders, regulations, court judgements (these policies affect people’s lives)
Political theories of Thomas Hobbes
- Chaos ensues when humans live in “a state of nature” aka an anarchical state
- To prevent this, citizens should give up some of their rights and live under an absolute sovereign who honors a social contract and takes into account the good of society
Political theories of John Locke
- Natural law is the law of God and said law is known through human sense and reason
- Under a state of nature, humans are free and equal and can only be governed if they consent
- Natural law entitled and obligated citizens to rebel from their leaders if said leaders did not respect the consent of the governed
Powers held by the central government under the Articles of Confederation
- Request money from states
- Make appropriations
- Appoint civil servants
- Declare war
Weaknesses of the Articles of Confederation
- At least 9 states must agree in order to enact national law
- All states must agree in order to amend the system of government
- Could not tax people directly
- Could not raise or maintain an army
- No national court system or national currency
- Congress could not regulate commerce among the states
In summary, more power was given to state governments than the national government
The Great Compromise
- Proposed a bicameral legislature: the House of Representatives and the Senate
- Satisfied the need for a legislature that awarded seats based on population a legislature that had an equal population
Three-Fifths Compromise
- Only 3 of every 5 enslaved persons would be counted for representation purposes in Congress
- Settled the debate of how enslaved persons should be counted for seats in the legislature
Popular sovereignty
A belief that ultimate power resides in the people (rule by the people).
Limited government
A governing body whose power exists within limits that are set by a constitution.
Separation of powers
The division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another
Checks and balances
The power allowing each branch of government to limit the others’ power and authority
Judicial review
The power of the court to rule on the constitutionality of laws, acts, statutes, executive orders.
Federalism
Constitutional arrangement in which power is distributed between a central government and state governments
Habeas Corpus
A court order requiring explanation to a judge why a prisoner is being held in custody.
Bills of Attainder
A law that punishes a person accused of a crime without a trial or a fair hearing in court.
Ex Post Facto Laws
A criminal statute that punishes actions retroactively, thereby criminalizing conduct that was legal when originally performed.
Full Faith and Credit Clause
Provides that the various states must recognize legislative acts, public records, and judicial decisions of the other states within the United States.
Supremacy Clause
Federal laws and the United States Constitution take precedence over state laws and state constitutions
1st Amendment
- Freedom of speech
- Freedom of religion
- Freedom of the press
- Freedom of assembly
- Freedom to redress/protest
2nd Amendment
- Right to bear arms
3rd Amendment
- No quartering of soldiers in times of peace or war
4th Amendment
- Freedom against unlawful searches and seizures
5th Amendment
- Right to remain silent: an individual cannot be compelled by the government to provide incriminating information about herself
6th Amendment
- Right to a fair trial
7th Amendment
- Right to a trial by jury in civil court cases
8th Amendment
- Right to fair fines, bails, and punishments
9th Amendment
- The federal government doesn’t own the rights that are not listed in the Constitution. Instead, they belong to the people.
10th Amendment
- The federal government only has those powers delegated in the Constitution. If it isn’t listed, it belongs to the states or to the people
22nd Amendment
- Sets a term limit for the President, who can serve no more than two full terms in office
24th Amendment
- Prohibits any poll tax in elections for officials
26th Amendment
- Lowered the voting age of U.S. citizens from 21 to 18 years old
Dual federalism
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
Cooperative federalism
A system of government in which powers and policy assignments are shared between states and the national government.
Enumerated powers
- Powers of the federal government that are specifically addressed in the Constitution
Implied powers
- Powers that are not explicitly stated in the Constitution but are allowed under the necessary and proper clause.
Inherent powers
- Those powers over and beyond those explicitly spelled out in the Constitution or which can reasonably be implied
Reserved powers
- Powers not specifically granted to the national government or denied to the states.
Concurrent powers
- Powers that the Constitution gives to both the national and state governments
Fiscal federalism
- A concept of federalism where funding is appropriated by the federal government to the states with specific conditions attached. The legislation can be in the form of mandates.
Block grants
- Provide state and local governments funding to assist them in addressing broad purposes, such as social services, public health, or law enforcement, and generally provide them more control over the use of the funds than categorical grants.
Categorical grants
- Federal grants given to state and local governments to encourage their cooperation in implementing specific purposes and programs.
Reapportionment
- The process by which congressional districts are redrawn and seats are redistributed among states in the house
- Reapportionment occurs every ten years, when census data reports shifts in the population of districts
- Each district must have an equal number of residents
Gerrymandering
- The drawing of legislative district boundaries to benefit a party, group, or incumbent
Senate - Elections
- Originally the Constitution provided that each state’s legislature choose its two Senators
- The 17th Amendment changed that by requiring popular election of Senators
Senate - Requirements and term lengths/limits
- Must be at least 30 years old
- Must be a US citizen for at least 9 years
- Must live in the state they represent
- Senators serve 6-year terms, with 1/3rd of the Senate being reelected every 2 years
Senate majority leader
- Serves as the spokesperson for the party that holds the most seats in the Senate
- The Senate majority leader must work with party members and the minority leader to move legislation to a vote
President pro tempore
- Presides over the Senate chamber in the absence of the president of the Senate
- Held by the senior member of the majority party
House of Representatives - Requirements and term lengths/limits
- Must be at least 25 years old
- Must be a US citizen for at least 7 years
- Must live in the state they represent
- House members serve 2-year terms, with the entire House up for reelection every 2 years
Speaker of the House
- The presiding officer of the House and the leader of its majority party
- Keeps order and chairs most sessions
- Interprets and applies rules and procedures, refers bills to committees and puts motions to a vote
House Rules Committee
- Determines the rules for debate of each bill, including whether the bill may be amended (most powerful committee in the House)
Whip (House and Senate)
- The deputy leader who is in charge of party discipline
4 types of committees
- Joint: A permanent committee that handles bills in different policy areas
- Standing: Committees with members of both houses that addresses a long-term issue or program
- Conference: A temporary committee that is created when a bill passes in both houses, but is in slightly different forms
- Select: Temporary committees formed to perform a particular study or investigation
Legislative powers of Congress
- Expressed powers
- Implied powers
- Limitations on powers
Non-legislative powers of Congress
- Amendment powers
- Impeachment
How a bill becomes a law
- A member of Congress formally proposes a bill
- The bill is assigned to a committee or subcommittee, where hearings are held to gather information about the bill and make changes to the bill
- If a bill makes it out of a committee, it then goes to Congress for a full hearing. Majority in both houses must approve it
- The bill is sent to a conference committee to reconcile both versions of the bill from the House and Senate. The bill then goes back on the Congress floor and is voted on again
- The bill is sent to the president, where he either signs or vetoes the bill. If he signs the bill, it is put into law. If he vetoes, the bill is sent back to Congress
Filibuster
A tactic used by senators to stall or kill a bill by speaking for a very long time on the floor
Pork barrel
The allocation of federal funds to local projects or interest groups in a legislative district at the congressperson’s discretion
Amendment
A change in, or addition to, the Constitution or a law
Legislative veto
The rejection of a presidential or administrative action by a vote of one or both houses of Congress without the consent of the president
Political polarization
- The divergence of political attitudes away from the center, towards ideological extremes
- An individual’s stance on a given issue, policy, or person is more likely to be strictly defined by their identification with a particular political party or ideology
Gridlock
- The “congestion” of opposing forces that prevents ideas from moving forward
- In government, this usually presents itself in the form of opposing political parties in Congress that prevent legislation from moving forward
25th Amendment
- If the president is removed from office or is temporarily out of office, the vice president will serve as president/acting president
Impeachment
- An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing “Treason, Bribery, or other high Crimes and Misdemeanors.”
Cabinet
- An advisory group selected by the president to aid in making decisions
Original jurisdiction
The authority of a court to hear a case for the first time
Appellate jurisdiction
The authority of a court to review decisions made by lower courts
Judicial activism
The belief that judges should go beyond the language of the laws and consider the societal implications of their decisions when hearing a case
Judicial restraint
The view that judges should decide cases strictly on the basis of the language of the Constitution
Checks on the Supreme Court
- Congressional legislation to modify the impact of prior Supreme Court decisions
- Constitutional amendments to reverse a Supreme Court decision
- Judicial appointments and confirmations - can change Court’s ideology
- The president and states ignoring or evading Supreme Court decisions
- Legislation impacting court jurisdiction - Congress can change district lines for the District Courts and Circuit Courts of Appeals
Declaration of Independence
- Announced the separation of 13 North American British colonies from Great Britain
- People have certain Inalienable Rights including Life, Liberty and Pursuit of Happiness
- All Men are created equal
- Individuals have a civic duty to defend these rights for themselves and others
Articles of Confederation
- The United States’ first governing document, lasting from 1781-1789
- Created a loose confederation of sovereign states and a weak central government, leaving most of the power with the state governments
Federalist 10
- Written by James Madison
- A large republic would be able to control the powers of factions/interest groups
- Government must be concerned about all of the voices in a democracy (majority rule vs. minority rights)
Federalist 51
- Written by James Madison
- Government should hold a system of checks and balances and separation of powers in order to prevent one group/branch from gaining too much power
Federalist 70
- Written by Alexander Hamilton
- The president should be energetic in the executive, or have the ability to enforce laws and make quick decisions
Federalist 78
- Written by Alexander Hamilton
- The Judicial Branch does not have the power of the sword or the purse, which makes it weaker and not as much of a threat
- The Judicial Branch should have the power of judicial review, allowing them to review the constitutionality of actions taken by the executive and legislative branches
Brutus 1
- Elected representatives will not voluntarily give up their power
- The civil liberties of the citizens must be protected, in the form of a bill of rights
Government
The institutions through which public policies are made for society
