Vocab Flashcards
Collective action
An action taken by a group of like-minded individuals to achieve a common goal
Government
The institutions and procedures throughout people are ruled
Prisoner’s dilemma
A situation in which two(or more) individuals cannot agree to cooperate out of fear that the other will find its interests best served by reneging on an agreement
Transaction costs
The cost associated doing political business reflected in time and effort required to compare preferences and negotiate compromises in making collective decisions
Conformity costs
Difference between a person would ideally prefer and what one would actually gets
Home rule
Power given by a state to a locality to enact legislation and manage its own affairs locally. Home rule also applies to Britain’s administration of the American colonies
Free riding
Receive benefits without working
Supremacy clause
National laws are supreme laws of the land & take precedence over any laws adopted in states- clause in article VI
Public goods
Goods that are collectively produced and freely available for anyone’s consumption
Unitary government
System of government in which a. Single government unit holds the power to govern the nation
Confederal government
State holds all power, state delegates some power out to central government
Federal government
Authority divided between central, state and local government
Reserve powers
Political power reserved for political authority
Elastic clause
Make all laws which shall be necessary and proper for carrying into execution the forgoing powers
Enumerated powers
Powers given by congress by constitution in article 1, section 8. Powers include: taxation, coinage of money, regulation of commerce, provision for national defense
Preemption legislation
Laws passed by congress that override or preempt states or local policies, it is derived from supremacy clause
Grants-in-aid
Funds given by congress to state or local government for a specific purpose
Unfunded mandate
Regulation that requires state or local government to perform certain actions and gov will not provide money for actions
Civil rights
The powers that are conferred on citizens by the constitution and that entitle them to make claims upon the government
Ex) discriminatory treatment
Civil liberties
Legal protections from government interference with personal rights and freedoms such as freedom of assembly, speech, and religion
13th amendment
The 13th Amendment abolished slavery in the United States and was the first of three Reconstruction Amendments adopted in the five years following the American Civil War. The 13th Amendment, passed by Congress January 31, 1865, and ratified December 6, 1865, states:
- Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.
- Congress shall have power to enforce this article by appropriate legislation.
14th amendment
Citizenship clause- clause gives individual born in the United States, but especially at that time, African Americans the right to citizenship.
Due Process Clause – the due process clause protects the 1st amendment rights of the people and prevents those rights from being taken away by any government without “due process.”
Equal Protection Clause – This part of the fourteenth amendment states that there may be no discrimination against them by the law.
15th amendment
The 15th Amendment to the Constitution granted African American men the right to vote by declaring that the “right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude.”
Jim Crow laws
A series of laws enacted in late nineteenth century by southern states to institute segregation.
Ex) white only accommodations
De Facto segregation
Segregation resulting from practice rather than law
De Jure segregation
Segregation enacted by law and imposed by the government
Equal protection clause
Equal Protection Clause – This part of the fourteenth amendment states that there may be no discrimination against them by the law.
Missouri compromise
Missouri Wanted admission as Slave state, allowed for free state
Suspect classification
Suspect-race
Non-suspect- group
Quasi-suspect- gender
Rational basis test
For non-suspects(group)
Assumes law us constitutional, proof is on plaintiff, not related to legitimate state interest
Strict scrutiny test
For suspect and quasi-suspect: assume law is not constitutional, burden of proof is on government
19th amendment
Guarantees all women right to vote
Selective incorporation
Supreme courts gradual process of assuming guardianship of civil liberties by applying piecemeal the various provisions of bill of rights to state laws and practices
Total incorporation
14th amendment due process clause Embraces all guarantees stated in bills of rights and applies them to causes under state law
Political speech
Freedom of expression
Obscenity
Defined as publicly offensive acts or language, usually of a sexual nature, with no social value
Roth v. Us (1957)
Average person applying, contemporary community standards, appeals to the prurient interests, work seen as a whole
Miller v. Ca (1973)
Whether work describes things in offensive way, sexual conduct
Defined by state law
Whether it lacks artistic, literary, political, scientific value
Libel
A published falsehood or statement resulting in the defamation of someone’s character
Prohibited by first amendment
Slander
Form of false and malicious information that damages another persons reputation
Establishment of religion clause
The first clause prohibits national government from establishing a national religion
Free exercise clause
The second clause of first amendment which forbids the national government from interfering with exercise of religion
Exclusionary rule
A judicial rule prohibiting the police from using at trial evidence obtained through illegal search and seizure
Miranda rights
Requirement that police informs suspects that they have right to stay silent and a right to have counsel while being interrogated
Right to privacy
Not explicitly said in bill or rights or constitution
Has been recognized by legal jurists
Bicameralism
A legislature composed of two houses or chambers. The US Congress(house and senate) and every US state legislature
Filibuster
Individuals hold floor making endless speeches so that no action can be taken on a bill
Districts
Congressional districts
Reapportionment
House seats may be apportioned after each census but each state draws the lines that divide its territory into the requisite number of districts
Gerrymandering
Drawing legislative districts in such a way as to give one political party a disproportionately large share of seats for the shade of up votes it’s candidates get
Casework
The activity undertaken by members of congress and their staffs to solve constituents problems with government agencies
Pork barrel legislation
Legislation that provides members of congress with federal projects and programs for their individual districts
Cloture
A parliamentary procedure used to close debate. Used in filibusters. 3/5 of senate must vote cloture to end filibuster
Executive orders
A presidential directive to an executive agency establishing new policies or indicating how an existing policy is to be carried out
Divided government
Government when one political party controls the executive branch and the other political party controls one or both the houses
Spoils system
System where newly elected office holders award gov jobs to political supporters and members of same political party
Cabinet
Formal group of presidential advisers who head he major departments and agencies of the federal government. Chosen by president and approved tv senate
New deal program
Created by president Roosevelt (1933-1941)
Helped economic management during Great Depression
Ex) social security
Great society program
Lyndon Johnson
Ex) Medicaid
To qualify for funding, you must comply with guidelines on how funds must be spent
Civil rights act
1964: authorized end of segregation by Lyndon Johnson
Voting rights act
Suspended electoral tests to vote-1965
1st amendment
The First Amendment of the United States Constitution protects the right to freedom of religion and freedom of expression from government interference
2nd amendment
The Second Amendment (Amendment II) to the United States Constitution protects the right of individuals to keep and bear arms.
4th amendment
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized
5th amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
6th amendment
guarantees the rights of criminal defendants, including the right to a public trial without unnecessary delay, the right to a lawyer, the right to an impartial jury, and the right to know who your accusers are and the nature of the charges and evidence against you. It has been most visibly tested in a series of cases involving terrorism, but much more often figures in cases that involve (for example) jury selection or the protection of witnesses, including victims of sex crimes as well as witnesses in need of protection from retaliation.
8th amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Executive agreement
executive agreement, an agreement between the United States and a foreign government that is less formal than a treaty and is not subject to the constitutional requirement for ratification by two-thirds of the U.S. Senate.
Executive privilege
The right of the president of the United States to withhold information from Congress or the courts.
Statutory delegation
is a body set up by law which is authorised to enforce legislation on behalf of the relevant country or state.
Independent executive agencies
Non-cabinet agency: executive agencies are placed outside department for political reasons: presidents promote new initiatives that demand quick action while avoiding bureaucracy agencies
Ex) JFK creation of NASA
Independent regulatory communions
Designed to maintain their Independence from the president and the executive departments. Attempts to hedge political costs of delegation by restricting influence of presidents and party politics
Independent government corporations
Gov corps can buy and sell property, lend and borrow money, and be sued
Ex) post office
22nd amendment
No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of the President more than onc
25th amendment
In case of the removal of the President from office or of his death or resignation, the Vice President shall become President
War powers act 1973
Law requires president to inform congress within 48 hours of commuting troops abroad in military action