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Political Science 202 > Test #1 > Flashcards

Test #1 Flashcards

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1
Q

Legislative Referral

A
  • measure placed on ballot by legislature, required for certain measures
  • i.e. changes to the state constitution, bond measures and tax changes (in some states)
  • reasons: amend constitution, avoid gubernatorial veto, appear democratic, political agenda, avoid supermajority req.
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2
Q

Initiative

A
  • measure placed on ballot following public petition to bypass state legislature
  • procedure: file petition, review petition, prepare title and summary, get signatures, verify signatures
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3
Q

Initiative Process (Differences)

A
  • what can be initiated varies by state
  • some states have waiting periods
  • percentage of signatures for statutory and constitutional initiatives varies by state (const. usually higher than stat.)
  • some states have geographic distribution requirements
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4
Q

Basic Forms of Direct Democracy

A
  • recall
  • referendum
  • legislative referral
  • initiative
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5
Q

Direct Democracy

A
  • a “safety valve” for ideas of citizens - allows issues to go through the initiative process
  • “where progressive and conservative populists clash”
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6
Q

Geographic Distribution

A
  • signatures must be gathered from around the state
  • varying requirements among states (part of initiative process)
  • demonstrates statewide support
  • may place unfair burden on initiative proponents
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7
Q

Direct Democracy in Oregon (background)

A
  • adopted by American Populist and Progressive political groups
  • in order to challenge: special interest groups, undemocratic influences in the electoral process, influence of big corporations on elected representatives
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8
Q

Recall

A
  • removes elected official from office before term ends
  • procedure: file an application, circulate recall petition, submit petition (sig. verification), recall election
  • very rare, often political, percentage of signatures varies by state
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9
Q

Direct Democracy in Oregon (limitations)

A

For ideas from citizens:

  • no limitations on what can go on ballot
  • no requirements on where money will come from
  • no requirements on feasibility
  • no required debate, amendment, or review
  • no constitutionality test
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10
Q

Direct Democracy in Oregon (Legislative and Supreme Court role)

A
  • limited role
  • single constitutional amendment (Armatta v. Kitzhaber, 1998)
  • signature verification system (Lemons v. Bradbury, 2008)
  • legislative tampering
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11
Q

Armatta v. Kitzhaber (1998)

A
  • a single constitutional amendment measure cannot affect more than a single clause of the Constitution
  • led to the challenge of multiple measures
  • led to the Secretary of State becoming more active in rejecting measures
  • may encourage statutory initiatives instead of constitutional amendments
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12
Q

Lemons v. Bradbury (2008)

A
  • initiative to repeal the state’s domestic partnership law

* upheld the sampling method as the only practical way of signature verification

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13
Q

Legislative Tampering

A

Oregon legislature is allowed to repeal or amend a law passed by voters using the initiative process, but use this very sparingly because:

  • changes must follow ordinary legislative process
  • general unwillingness
  • requires a higher vote number
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14
Q

Politics of the Campaign Stage (Initiative Process)

A
  • money

* commercials, websites, general advertising (emotional appeals, symbolism, “cherry-picking” facts)

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15
Q

Referendum

A
  • voters ask to approve or repeal an act of legislature by ballot
  • procedure: gather signatures, law appears on ballot, it is either approved or rejected
  • signatures and time limitations for approval vary in different states
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15
Q

“Shopping” of Ballot Titles

A
  • changing the language of a ballot to get just the right words
  • appeal from Attorney General to Oregon Supreme Court
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17
Q

Direct Democracy Pros

A
  • circumvents legislature
  • allows public to address neglected issues
  • promotes political participation
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18
Q

Direct Democracy Cons

A
  • special interests control the process
  • lack of voter knowledge
  • filter for untested ideas and compromises
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19
Q

Role of Money in the Initiative Process

A
  • symbolism
  • political reasons
  • easier if measures cost less
  • high spending on campaigns
  • money helps with advertising - commercials, ads, mailers, websites
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19
Q

Boutique Measures

A

Single-source financial support for a ballot measure

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20
Q

Direct Democracy in Oregon (Possible Reforms)

A
  • changing required number of signatures
  • requiring supermajorities to participate
  • requiring measure to pass in multiple years
  • require wide geographical signatures or support
  • limiting frequency of ideas
  • regulate campaign process
  • allowing electronic signatures
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21
Q

“Laboratories of Democracy”

A

States have the ability to experiment with policy without interference from the federal government.

Decisions are based on:

  • wealth of the state
  • individual state’s political system
  • internal and external support
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22
Q

State vs. Federal Government

A

States can provide:

  • health care
  • public safety
  • corrections facilities

States are larger and employ more people

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23
Q

Oregon’s Political Culture

A

“Schizophrenic” - a constant conflict between an active government (solving societal issues) and a conservative government (low taxes, few regulations, traditional social values)

24
Q

Populism

A
  • the will of the people should be realized
  • identifies an “elite” that is keeping the common people from what is theirs
  • liberal and conservative focus on different elites, values, and issues
25
Q

Progressive/Liberal Populists

A

The oppressive elite are large corporations and the wealthy.

Key values:

  • government should solve social problems
  • experts should manage issues
  • change and innovation is good
  • open, activist, and modern government is most influential
26
Q

Examples of Oregon Populism (Liberal)

A
  • bottle bill
  • land use planning
  • death with dignity
  • 8-hour work day
  • direct democracy
  • women’s suffrage
27
Q

Conservative Populists

A

The elite are government agencies, politicians, and a liberal media.

Key values:

  • restrict government (because it is restrictive), rely on free market
  • government intervention should promote traditional family values
  • liberal media distorts values
28
Q

Examples of Oregon Populism (Conservative)

A
  • anti-tax measures
  • property rights movement
  • stiffening penalties on criminals
  • traditional family values
29
Q

Political Regions in Oregon

A
  • geographical political differences arise partly from economic and demographic variation
  • urban areas are more diverse (i.e. Portland, Salem)
  • rural areas are least diverse (Eastern Oregon)
  • 4 regions - Portland Metropolitan Area, Willamette Valley/Suburbs, Southern Oregon and the Coast, Eastern Oregon
30
Q

Federal Systems

A
  • power divided among layers
  • each layer had an independent claim to legitimacy
  • promotes innovation in states (laboratories for democracy)
31
Q

Unitary Systems

A
  • power comes from the central government

* localities are not sovereign

32
Q

Confederate Systems

A
  • power comes from the states/provinces
33
Q

Federalism

A

A system in which powers are divided and shared between a national government and state governments

34
Q

Expressed Powers

A

Power explicitly given by the Constitution

Constitutional elastic clauses -

  • general welfare - federal government provides for general welfare of the U.S.
  • necessary and proper - Congress passed laws necessary and proper to the federal governments responsibility
  • commerce - regulation with foreign nations, among states, with tribes
35
Q

Enumerated Powers

A
  • coin money and establish post offices
  • regulate interstate and foreign trade
  • raise and maintain armed forces
  • declare war
  • govern U.S. Territories and admit states
  • conduct foreign relations
  • weights and measure
  • copyright and patent
36
Q

Implied Powers

A

Powers suggested by the expressed powers, for implementing expressed powers.

  • assumed power because the government is a sovereign state
  • control immigration
  • foreign policy - treaties
  • citizenship requirements
37
Q

Preemption

A
  • supports federal supremacy
  • Congress has the right to insist on one uniform set of national regulations for areas it regulates
  • states must abide by this
  • states can do this to local governments
38
Q

Partial Preemption

A

Federal assumption is certain regulatory powers; as long as a similar state law does not conflict, it is valid

39
Q

State Powers

A

States have expressed and implied powers as well:

  • regulate intrastate trade
  • establish local government
  • conduct elections
  • license requirements
  • public schools
  • regulating building codes
  • drawing congressional districts
  • a militia
  • motor vehicle laws
  • regulating sales of tobacco and alcohol
40
Q

10th Amendment

A
  • any law-making issues not specified in the Constitution to be federal are reserved for the states
  • complicated federal/state relationship
  • increasing reliance on Supreme Court to make decisions
41
Q

Concurrent Powers

A
  • powers exercised by both national and state governments
  • most are implied

Powers:

  • collect taxes
  • borrow money
  • spend money
  • establish court systems
  • charter banks
  • make and enforce laws
42
Q

Limitations on Powers

A
  • Bill of Rights - guarantees unalienable rights

* 14th Amendment - states must provide due process and equal protection of the laws

43
Q

Prohibited Powers

A
  • tax articles exported from one state to another
  • violation of Bill of Rights
  • changing state boundaries
44
Q

Cooperative/Coercive Federalism

A
  • system to provide goods and services to the people among all levels of government
  • federal grants encourage states to cooperate
45
Q

Categorical Grants

A
  • least flexible

* specific and purposeful - strings attached

46
Q

Project Grants

A
  • limited flexibility

* provide specific funding for a specific period of time

47
Q

Block Grants

A
  • moderately flexible

* broad, more options for use

48
Q

Formula Grants

A

Allocated based on pre-existing criteria; ongoing and non-competitive.

49
Q

Revenue Sharing

A
  • most flexible

* no restrictions, recipient can spend as they like

50
Q

Advantages of Federalism

A
  • allows local government to create and enforce their own legislation
  • efficiency - divided duties, streamlines the process
  • ensures public involvement
  • encourages widespread development
  • representation
  • state freedom in adopting policies
51
Q

Disadvantages of Federalism

A
  • can lead to overlapping policies, inefficiency
  • can lead to inequality between states
  • prevents comprehensive solutions
  • leads to lack of accountability
52
Q

Dual Constitutionalism

A

System in which people live under two sovereign powers with respective constitutions.

53
Q

Similarities of State and Federal Constitutions

A
  • separation of powers (executive, legislative, judicial)

* statement of citizen rights and limit on executive power

54
Q

Differences of State and Federal Governments

A
  • states divide executive power among offices - no equivalent to president (Secretary of State is closest to VP but does more)
  • state court judges are elected by the people
  • Legislative Assembly versus Congress
55
Q

Differences of State and Federal Constitutions

A
  • permanence
  • length (states are longer)
  • specificity (more local)
  • finances
56
Q

Oregon’s Constitution

A
  • amended more than 300 times

* more than 58,000 words and 18 articles

57
Q

Formal Methods for Changing State Constitutions

A
  • constitutional convention - people vote at a convention for amendments
  • constitutional commission - panel of experts assess but do not mandate changes
  • direct democracy - people vote directly
58
Q

Informal Methods for Changing State Constitutions

A
  • judicial interpretation - changing understanding of same words
  • neglect - stop enforcing it

Political Science 202 (3 decks)

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