AP Gov

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1
Government
The people, procedures, and institutions that make, enforce, and interpret rules for a community
2
Politics
the process of influencing the government
3
Plurality Voting
1 person = 1 vote, candidate that gets most votes wins
4
Ranked Choice / Condorcet Voting
Voter ranks their preference in candidates from first to last or, alternatively, voters pick their preferences in head-to-head matchups
5
Borda Count Voting
Voter ranks preference in candidates with each rank corresponding to a number of "points", the candidate with the most wins
6
State of Nature
Alleged condition of humanity before government and laws
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Popular Sovereignty
Idea that the power of the government originates from and belongs to its constituents
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Tyranny of the Majority
The potential of a majority to monopolize power for its own gain to the detriment of minority rights and interests
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Tyranny of the Minority
The potential of a minority to withhold the rights and interests of the majority
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Divine Right
Belief that governmental authority comes directly from god
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Absolutism
A political system in which a ruler holds total power
12
Social Contract / Individual Liberty vs. Collective Benefits
As safety and benefits of the community increase, freedom decreases
13
Natural / Inalienable Rights
Rights derived from nature, not social contracts. The purpose of the government is to protect these rights
14
Declaration of Principles
Section I of Declaration of Independence that states:
1. People have unalienable rights: life, liberty, pursuit of happiness
2. To secure these rights, people create government
3. If government fails to protect rights, people should create a new government
27 grievances were listed against the British government, justifying the American revolt
15
Articles of Confederation
Document that created the weak, decentralized "league of friendship", with congress being an "assembly of nations." Only created federal legislative branch, 1 state = 1 vote with congress needing 9/13 votes for a new law, being able to coin money, could raise an army but couldn't pay soldiers or draft, could sign treaties, 13/13 votes for amendment, weaknesses highlighted in Shay's Rebellion
16
Annapolis Convention
Convention where only 5 of 13 states attend and bitch about the articles
17
Philadelphia / Constitutional Convention
Convention where all states (except Rhode Island) attend due to Shay's Rebellion. Many delegates were bond holders who would benefit from stronger federal government, so despite the intention to "amend" the Articles of Confederation, they ended up creating a new government entirely
18
Virginia Plan
"Large State" proposal for new constitution proposed by Edmund Randolph, including 3 branches of government, bicameral legislature with both houses being proportional to population
19
New Jersey Plan
"Small State" proposal for new constitution proposed by William Patterson, including 3 branches of government, unicameral legislature with states having equal number of representatives
20
Great Compromise
Compromise proposal for new constitution including 3 branches of government, bicameral legislature, with a house of representatives that was proportional to population and elected by the people, and a senate with each state having equal numbers of senators that were selected by state legislatures
21
3/5ths Compromise
Allowed slaves to be counted as 3/5ths of a person toward representation in the House, Electoral College, and would over-represent the voting population in the South
22
Compromise on Importation
Congress restricts the slave trade after 1808
23
Constitution's Reduction of Mobocracy
Establishing a larger republic, limiting popular elections by giving states the ability to allocate the right to vote (often going only to white, land-owning males)
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Constitution's Reduction of Tyranny
Grants & Denials of powers - enumerated powers in constitution, Bill of Rights, Separation of Powers and Checks & Balances
25
Federalism
A system in which power is divided between the national and state governments
26
Constituency
Body of voters in an area who elect a representative or a senator
27
Representative
25 years old, citizen for 7 years, resident of state
Delegate
Per-District
2 year terms (no limits)
One of 435 members
28
Senator
30 years old, citizen for 9 years, resident of state
Trustee
Per-State
6 year terms with staggered elections
One of 100 members
29
President
35 years old, natural born citizen (ambiguous), 14 year resident
4 years per term, 2 term limit
Electors are chosen as state legislatures direct
30
Filibuster
A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue
31
Cloture
A procedure for terminating debate, especially filibusters, in the Senate
32
Rider
Provision added to spending / appropriation bill that effectively adds policy
33
Earmark
Funds that an appropriations bill designates for a particular purpose within a state or congressional district
34
Congressional Oversight
(1) ensure laws are being implemented as intended (more likely to occur under divided government)
(2) investigate the Executive Branch for wrongdoing (fire alarm oversight, NOT police patrol)
35
Fire-Alarm Oversight
A method of oversight in which members of Congress respond to complaints about the bureaucracy or problems of implementation only as they arise rather than exercising constant vigilance
36
Police Patrol Oversight
A method of oversight in which members of congress constantly monitor the bureaucracy to make sure that laws are implemented correctly
37
Office of Management and Budget (OMB)
Aids the President in overseeing the preparation of the Federal budget and evaluates the effectiveness of agency programs, policies, and procedures, and works to make sure that agency reports, rules, testimony, and proposed legislation are consistent with the President's Budget and with Administration policies
38
Presidential Line of Succession
President, Vice President, Speaker of the House, Senate Pro Tempore, then a bunch of secretaries
39
Powers of the President
Chief Executive, Commander in Chief, Chief Diplomat, Chief Legislator, Chief Judge
40
Chief Executive
Individual that must execute the law, issuing executive orders and signing statements
41
Executive Order
Directives to executive officials on how to implement a law
42
Signing Statement
How the law should be implemented, released with the signature as an interpretation of the law or a message not to enforce some of the law that they deem unconstitutional
43
Commander in Chief
Leader of the military
44
Chief Diplomat
Guides US foreign policy with summits and treaties and executive agreements
45
Executive Agreements
Treaties that don't require Senate support but may be rescinded by later presidents
46
Chief Legislator
Recommend legislation to Congress, often during the State of the Union address
47
Chief Judge
Grants reprieves, pardons, and commutations
48
Reprieve
Postponement of a criminal's punishment
49
Pardon
Forgiving of a criminal's punishment
50
Commutation
Reduction of a criminal's sentence
51
Line Item Veto
The passage of some parts of a bill and veto of other parts (declared unconstitutional in 1993)
52
Federal Bureaucracy
Departments & agencies that carry out law
53
Pendleton Act
Ended political patronage / spoils system, implementing a merit system, creating Civil Service Commission
54
Civil Service Commission
Regulates the employment and working conditions of civil servants, oversee hiring and promotions, and promote the values of the public service
55
Hatch Act
Restricts political actions of bureaucrats for neutral competence, cannot participate in campaigns, raise funds, or hold public office - must maintain neutral competence / political neutrality
56
Short-Timers
~10% of high-level appointees (cabinet) in federal bureaucracy that usually serve up to 1 year, can be removed by the President
57
Iron Triangle
Relationship between Congressional Committees, the Bureaucracy, and Interest Groups
Congressional Committees fund and give political support to Bureaucracy, Bureaucracy gives policy choices and execution to Congressional Committees
Bureaucracy gives low regulation and special favors to Interest Groups, Interest Groups give congressional support via lobbying to Bureaucracy
Interest Group gives electoral support to Congressional Committees, Congressional Committees give friendly legislation and oversight to Interest Groups
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Long-Timers
Multi-term, general service members of bureaucracy between 15 cabinet departments, with 14 headed by secretaries (Attorney General heads Justice Department)
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1789 Judiciary Act
Established federal court system
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Federal Court Jurisdiction
Federal law violations, treaties, constitutional law
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Dual Sovereignty
The ability to be tried twice for the same incident but two different crimes when in violation of both state and federal law
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Senate Judiciary Committee
Decides if a federal judge gets to have a vote for their appointment (President appoints ALL federal justices- up to 100 usually in a four-year-term)
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Original Jurisdiction
Authority to hear a case for the first time
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Appellate Jurisdiction
Authority to review decisions made in lower courts (do NOT overturn jury, only application of law by judge)
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Supreme Court Justices
Amy Coney Barrett
Brett Kavanaugh
Clarence Thomas
Samuel Alito
Ketanji Brown-Jackson
Neil Gorsuch
Soñia Sotomayor
Elena Kagan
Chief Justice John Roberts
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District Court
Lowest level of court with original jurisdiciton
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Circuit Court of Appeals
Higher level of court with appellate jurisdiction
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Supreme Court
Highest level of court with mostly appellate jurisdiction but some cases of original jurisdiction (state vs. state, ambassadors or other public ministers)
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Senatorial Courtesy
If Senators that represent the state that a federal judge is being appointed to do not return their slip to the Senate Judiciary Committee, the judge is usually not nominated
70
Merit Plan
Appointment of state judges by governors with retention elections
71
Writ of Certiorari
Formal order issued by a higher court, usually an appellate court, to a lower court or tribunal, instructing them to submit the entire record of a case for review
72
Supreme Court Cases are heard when...
(1) involving major constitutional issue
(2) involving issues addressed in an inconsistent manner by lower courts
(3) conflicting with a previous SC decision
(4) 4/9 justices agree to hear case
73
Legal Brief
Summary of facts & rulings by each side and then a presentation of argument
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Amicus Curiae Brief
Argument made in court by interest group
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Lemon Test
Test to determine whether something defies the separation of church & state
76
Sherbert Clause
Law can have exceptions for religion if
(1) it places significant burden on religious individual and
(2) it does not detriment government to make exception
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Clear & Present Danger Test
"Fire in a theater", restriction of free speech based on the reckless danger created by that speech
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Imminent Lawless Action Test
Restriction of free speech only if that speech is intended and likely to create a violation of the law
79
Prior Restraint
Censorship of material by the government before the release to the public (principals have prior restraint over school newspapers), very hard to do constitutionally
80
Defamation
Speech (slander) or writing (libel) about someone that is false and the publisher / speaker should have known better
For public officials, declaration must be malicious and the publisher / speaker must have known the information to be false1
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Obscenity
Lewd, filthy, or disgusting words or pictures that serve no literary, artistic, political, or scientific value
82
Miranda Rights
Right to remain silent and right to an attorney, said to individuals under arrest
83
Double Jeopardy
Inability to be tried twice for the same crime
84
Death Penalty Restrictions
Cannot be used on juveniles and those with cognitive disabilities (8th Amendment)
85
Black Codes
Laws that target and incarcerate black people because slavery was banned EXCEPT as punishment for a crime
86
De Jure Segregation
Segregation enforced by law
87
De Facto Segregation
Segregation beyond the law
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Jim Crow Laws
Poll taxes & literacy tests that prevent black people from voting
89
1st Amendment
Freedom of Religion, Speech, of the Press, Assembly, and Petition
90
2nd Amendment
Protects the people's right to bear arms
91
3rd Amendment
No soldier can be quartered in a home without the permission of the owner
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4th Amendment
Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause
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5th Amendment
Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy
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6th Amendment
The right to a fair and speedy trial by a jury of one's peers; to have witnesses and to give a defense
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7th Amendment
The right to a trial by jury in civil cases for amounts of \$20 or more
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8th Amendment
Prohibits excessive bail, excessive fines, and cruel and unusual punishments
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9th Amendment
People have other rights not specifically stated in the Constitution
98
10th Amendment
Gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people
99
11th Amendment
Determines when and if a state can be sued; states cannot be sued by people from other states or by foreigners
100
12th Amendment
The Electoral College must vote for the President and the Vice President separately
101
13th Amendment
Abolished slavery and involuntary servitude
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14th Amendment
Makes anyone born on US soil a citizen and guarantees equal protection under the law
Due Process & Equal Protection clause
103
15th Amendment
Gave all men the right to vote regardless of race or color or whether they had been slaves
104
16th Amendment
Created an income tax and gave the Federal government the power to collect it
105
17th Amendment
Creates the direct election by the people of Senators
106
18th Amendment
Prohibition of the drinking, manufacture, and sale of alcohol
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19th Amendment
Gave women the right to vote
108
20th Amendment
Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration)
109
21st Amendment
Repealed the 18th amendment (prohibition)
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22nd Amendment
Limits the president to two terms in office (or 10 years)
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23rd Amendment
Gave Washington, D.C. representatives in the electoral college so that citizens of D.C. could participate in the electoral process, even though it is not an official state
112
24th Amendment
Prohibited the poll tax
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25th Amendment
Explains what happens when the President dies or is unable to continue in office (Succession)
114
26th Amendment
Sets the national voting age at 18, cannot be set any higher
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27th Amendment
Any changes in Congressional salaries will take place after the next term starts
116
Engel v. Vitale (1962)
Declared school sponsorship of religious activities violates the establishment clause
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Wisconsin v. Yoder (1972)
Held that compelling Amish students to attend school past the eighth grade violates the free exercise clause
118
Tinker v. Des Moines (1969)
You don't lose your rights when you walk onto campus because it did not interfere with school learning. The Court ruled that the school district had violated the students' free speech rights. The armbands were a form of symbolic speech, which the First Amendment protects.
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Schenck v. United States (1919)
The Supreme Court upheld their convictions, ruling that speech that creates a "clear and present danger" (by encouraging violence or insurrection, or endangering national security) is not protected by the First Amendment.
120
New York Times Co. v. US (1971)
The US government cannot stop news from spreading as it violates freedom of Press
121
McDonald v. Chicago (2010)
The Second Amendment right to keep and bear arms for self-defense is applicable to the states.
122
Gideon v. Wainwright (1963)
The Sixth Amendment's guarantee of a right to assistance of counsel applies to criminal defendants in state court by way of the Fourteenth Amendment.
123
Brown v. Board (1954)
Separate but equal educational facilities are inherently unequal. They are violating the Equal Protection Clause of the Fourteenth Amendment
124
Citizens United v. FEC (2010)
reduced the limits on campaign contributions, encouraged the creation of Super PACs, and increased debate over the role money can and should play in elections.
125
McCulloch v. Maryland (1819)
Pursuant to the Necessary and Proper Clause the formation of Second Bank of the United States was Constitutional.

Established supremacy of U.S. Constitution and federal laws over state laws. Striking down Maryland's tax of the federal bank.
126
United States v. Lopez (1995)
The Supreme Court found that the 1990 Gun-Free School Zones Act did violate the Constitution, on the grounds that Congress was overreaching its powers granted under the commerce clause
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Marbury v. Madison (1803)
Established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution
128
Baker v. Carr (1961)
One person one vote, redistricting must be done in the fairness of the people or the courts will resolve the issue
129
Shaw v. Reno (1993)
Racial gerrymandering is not good
130
Plessy vs. Ferguson (1896)
A case that was brought to supreme court by black lawsuits to challenge the legality of segregation. The court ruled that segregation was legal as long as it was "equal"
131
Civil Rights Act
Requested by president John F. Kennedy, signed by Lyndon B. Johnson in 1964 out of respect for the late president's wishes
The Act prohibited discrimination in public accommodations and federally funded programs. It also strengthened the enforcement of voting rights and the desegregation of schools
132
Voting Rights Act
Following Bloody Sunday, President Lyndon Johnson sent this bill to Congress in 1965. It provided for direct federal intervention to enable African Americans to register and vote and banned tactics long designed to keep them from the polls
133
Obergfell v. Hodges (2015)
Court ruled that marriage is a right regardless of sexual orientation, therefore all states must allow same sex couple to marry
134
Rational Basis
The standard used by the courts to decide cases of discrimination based on age and income; constitutional if reasonable
135
Intermediate Scrutiny
The standard used by the courts to decide cases of discrimination based on gender and sex; burden of proof is on the government to demonstrate an important governmental interest is at stake in treating men differently from women
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Strict Scrutiny
A heightened standard of review used by the Supreme Court to determine the constitutional validity of race- or ethnic-based segregation
137
Random Digit Dialing
Polling method where pollsters digit randomly generated numbers. This method often underrepresents conservatives (non-response bias)
138
Margin of Error
Range of possible error associated with the imperfections in sampling procedures
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Confidence Interval
Range of values between the top and bottom limits of the margin of error in poll results
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Confidence Level
Probability that polling results are within the confidence interval
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Non-Response Bias
Inaccuracies in polls because certain groups don't participate
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Respondent Honesty
The phenomenon where responders to polls will lie to seem more favorable
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Bradley Effect
Instance of respondent honesty where white people will overrepresent their willingness to vote for a non-white candidate out of fear of being considered racist
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Respondent Ignorance
Uninformed answers from uninformed poll respondents
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Question Wording
Innocuous shifting phrasing can change responses
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Restricted Choices
Options provided can skew responses
147
Operational Ideology
The ideological label that appropriately describes one's policy positions
148
Symbolic Ideology
The ideological label that people use to describe themselves
149
Linkage Institutions
Connect individuals with government - elections, parties, interest groups, media
150
Elections
Give officials voters interests, hold officials accountable
151
Prospective Voting
Voting based on what you think a candidate will do
152
Retrospective Voting
Voting based on the performance of the incumbent
153
Party-Line Voting
Voting based on party affiliation
154
Primary Elections
Elections held to select a party's candidate for the general; election, where voters can show up whenever poll is open and vote in secret ballot for a delegate
155
Delegate
Person voted for in a primary or caucus that represents a certain candidate and pledges their vote for them in their party's national convention- tend to be volunteers that frequently work with the campaign
156
Open Primary
Independent voters may choose which party's primary they want to vote in
157
Closed Primary
Independent voters may not choose which party's primary they want to vote in as only enrolled party members may vote
158
Caucus
Show up at a specific time, stay for a couple hours and listen to speeches in support of certain candidates, then everyone votes publicly. If a candidate has less than 15% support, the candidate is "not viable" and can leave or join another group
159
Invisible Primary
The period before any votes are cast when candidates compete to win early support from the elite of the party and to create a positive first impression of their leadership skills
160
Primary Strategies
Raise a lot of money, secure key endorsements from party leaders (Invisible Primary), move toward ideological extreme, gain early momentum in Iowa and New Hampshire
161
Tammany Hall
a political organization within the Democratic Party in New York city (late 1800's and early 1900's) seeking political control by corruption and bossism; vote early & vote often, counted votes > cast votes > eligible voters, party members swayed public opinion with favors & threats, public vote casting without registration (multiple haircuts), high voter turnout
162
Progressive Voting Reforms
Australian (secret) ballot, voter registration (now 2/3 of voting population is registered to vote), auto registration, election same-day registration, felons can't vote, absentee ballots, early voting
163
Motor-Voter Law
1993 law that lets people register to vote when applying for a license
164
Voting Trends
Americans vote 2-3x as often as Europeans and Election Day is not a holiday so voter turnout is lower
Wealthier and better educated people have higher voting rates, as more education correlates with more belief that they can make a change
Young people vote less, maybe due to apathy or the struggle to re-register to vote in college
Hispanics and Asians vote less, white and black people vote more
Women vote more than men
Strong partisans vote more than moderates and independents
165
Proportional Representation
The percentage of votes that a party gets in an election is the percentage of seats in government that party controls
166
Superdelegates
National party leaders who automatically get a delegate slot at the Democratic national party convention- these delegates are unelected and can vote for whatever candidate they choose
167
National Convention
The meeting of party delegates every four years to choose a presidential ticket and write the party's platform. These are intended to excite voters and can launch or sink political campaigns
168
Brokered / Contested Convention
When a party fails to select a nominee in the first round of delegate voting because nobody gets a majority. Elected delegates must vote for their candidate in the first round but can vote differently in the following rounds
169
Maine & Nebraska
Two electoral votes in each state go to the statewide winner (for the senators) and the rest the electoral votes are voted on independently within the congressional districts
170
National Popular Vote Interstate Compact
An agreement among a group of U.S. states and the District of Columbia to award all their respective electoral votes to whichever presidential candidate wins the overall popular vote. This compact will only go into effect once they represent a majority of electoral votes
171
Matching Funds
Contributions of up to \$250 are matched from the Presidential Election Campaign Fund to candidates for the presidential nomination who qualify and agree to meet various conditions, such as limiting their overall spending
172
Participatory Theory
A theory of government and politics contending that our form of democracy relies on the participation of many or most of the citizenry, and the power lies in the hands of the people
173
Pluralist Theory
A theory of government and politics emphasizing that politics is mainly a competition among different interest groups, each one pressing for its own preferred policies
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Elitist Theory
A theory of democracy that the elites have a disproportionate amount of influence in the policymaking process
175
Political Action Committees (PACs)
A committee set up by a corporation, labor union, or interest group that raises and spends campaign money from voluntary donations. Individual donations to these entities are limited (constitutionality upheld in court)
176
Super PACs
Political action committee that only spends money on independent expenditures, meaning donations to the entities are limitless
177
2002 Bipartisan Campaign Reform Act (McCain-Feingold)
Passed to restrict independent expenditures (unconstitutional via Citizens United), ban soft money (constitutional)
178
Soft Money
Unlimited party donations for "party building activities" that are supposed to fund things separate from candidates and campaigns (but let's be real)
179
501(c) Groups
Groups that are exempted from reporting their contributions and can receive unlimited contributions. Section 501c of the tax code specifies that such groups cannot spend more than half their funds on political activities (dark money)
180
Dark Money
Funds given to politically active nonprofits/501(c)s that can receive unlimited donations from corporations, individuals, and unions but are not required to disclose their donors
181
Political Parties
Organized groups that nominate candidates, fund campaigns, compile platform, inform public, provide heuristic, enact or oppose legislation
182
Realignment
A process in which a substantial group of voters switches party allegiance, producing a long-term change in the political landscape. Often occurs during/after a critical election
183
Critical Election
An election when significant groups of voters change their traditional patterns of party loyalty
184
Party Press
Earliest era of press in America. Parties fund newspapers, very expensive and limited supply, so a small circulation of news within the elites
185
Yellow Journalism Press
After the Party Press era, newspapers are now less expensive and higher in supply, meaning the masses have newspapers, advertisements appear, circulation wars, sports, comics, op-ed pages
186
Op-Eds
Opinion pieces written by people outside of the media, but are published in media to express a variety of opinions. Usually on the opposite side of the editorial page (hence the name)
187
Objective Journalism
A model of news reporting that is based on the communication of "facts" rather than opinions and that is "fair" in that it presents all sides of partisan debate. This is the modern era of journalism after yellow journalism
188
Rise of New Media
Cable television, internet taking priority over limited and regulated radio frequencies, news becomes increasingly partisan, broadcasting -> "narrowcasting," a type of return to the Party Press era (echo chamber)
189
Narrowcasting
Media programming on cable TV or the Internet that is focused on one topic and aimed at a particular audience
190
Roles of Media
Signaling Function (tells us what's happening), Common Carrier (conduit for political leaders), Watchdog Role (exposing corruption & incompetence)
191
Horserace Journalism
A practice which journalist and reporters use in regards to government coverage and campaign coverage with emphasis on who is gaining or losing, not on what is being done about issues
192
Logrolling
Vote trading; voting to support a colleague's bill in return for a promise of future support
193
Pork Barrel Spending
The appropriation of government spending for projects that are intended primarily to benefit particular constituents, such as those in marginal seats or campaign contributors
194
Declaration of Independence
Social contract & consent of the governed
Argument of inalienable rights (life, liberty, pursuit of happiness)
Government is established & supposed to protect these rights
Grievances:
-Taxation without representation
-Quartering of troops
-Trial without a jury
-Dissolving colonial governing bodies
-Controlling judges
195
Shay's Rebellion
Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out
196
Article I
Section 1: Congress has power to legislate between the two layers, the House of Representatives and the Senate

Section 2: Representatives serve 2 year terms, must be 25 years old and a citizen for 7 years, citizen of state they represent, Speaker of the House, House has power to impeach with simple majority, reapportionment with Census

Section 3: Two Senators per state, serve 6 year terms, must be 30 years old and a citizen for 9 years, citizen of state they represent, Vice President is president of the Senate and casts tie-breaking vote, President Pro Tempore leads Senate, Senate holds impeachment trial (2/3 votes)

Section 4: States decide how elections take place, but Congress can pass laws to change it (except for senators)

Section 5: Each house of Congress decides if its members are qualified to serve, and most of the time, more than half of the members need to be present to do business.

Section 6: Members of Congress get paid for their work and can't be arrested for most crimes while they're doing their job. They also can't be sued for things they say or do during meetings or debates.

Section 7: President can veto, Congress needs supermajority to override veto, federal government has power to pass tax bills

Section 8: Enumerated powers of Congress, naturalization, raising an army/navy, power of the purse (taxation, coining, borrowing), commerce clause, lower courts, declaration of war, necessary & proper / elastic clause

Section 9: Congress cannot suspend Writ of Habeas Corpus (except for public safety in war), no ex post facto laws, no titles of nobility

Section 10: States can't do certain things, like making their own money, starting wars, or passing laws that cancel contracts or treat people unfairly
197
Commerce Clause
The clause in the Constitution (Article I, Section 8) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations
198
Necessary and Proper / Elastic Clause
The authority granted Congress in Article I, Section 8 of the Constitution "to make all laws which shall be necessary and proper" for the implementation of its enumerated powers
199
Writ of Habeas Corpus
A challenge to the legality of your detainment via court order that requires police to bring a prisoner to court to explain why they are holding the person. This right can be temporarily suspended by Congress in times of rebellion or unrest.
200
Bill of Attainder
A law that punishes a person accused of a crime without a trial or a fair hearing in court (unconstitutional)
201
Ex Post Facto Clause
Congress may not pass a law that makes an act criminal although the act was legal when it was committed
202
Article II
Section 1: If no candidate gets 270 electoral votes the House chooses the president, single executive, 4 year presidential terms, born in USA, resident for 14 straight years, 35 years old

Section 2: Delegated powers of the President include Commander in Chief, gives reprieves & pardons, makes treaties, appoints judges and House and Senate confirm, the Cabinet includes the Vice President, chief of staff, and heads of the departments

Section 3: More expressed powers such as the State of the Union address and to call special sessions of Congress, and the President is responsible for enforcing federal law

Section 4: The President, Vice President, and other officials can be removed from office if they're found guilty of serious crimes (impeachment). The House of Representatives brings charges, and the Senate holds a trial. If found guilty, they're removed from office
203
Article III
Section 1: The judicial power of the United States is vested in one Supreme Court and lower courts that Congress may establish. Judges serve for life or until they retire or are impeached and convicted

Section 2: The Supreme Court has the authority to hear cases involving the Constitution, federal laws, disputes between states, and cases involving foreign ambassadors or diplomats (original jurisdiction). Other federal courts can hear cases involving federal laws or treaties

Section 3: Treason against the United States consists only of levying war against them or giving aid and comfort to their enemies. To be convicted of treason, there must be testimony from two witnesses or a confession in open court. The punishment for treason can't include punishing the traitor's family or confiscating their property
204
Article IV
Section 1: Each state must respect the laws and court decisions of other states, and citizens of one state are entitled to the privileges and immunities of citizens in other states

Section 2: Citizens from one state who commit crimes and flee to another state must be returned to the state where the crime was committed (extradition). States can't discriminate against citizens from other states

Section 3: New states can be admitted to the Union by Congress, and Congress has authority over territories and other property of the United States

Section 4: The United States guarantees to every state a republican form of government and protection against invasion and domestic violence
205
Privileges and Immunities Clause
Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states
206
Full Faith and Credit Clause
Part of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state
207
Extradition Clause
Part of Article IV of the Constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial
208
Supremacy Clause
Part of Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits
209
Article V
Section 1: Amendments to the Constitution can be proposed in two ways: by a two-thirds majority vote in both the House of Representatives and the Senate, or by a national convention called by Congress when requested by two-thirds of the state legislatures

Section 2: Once an amendment is proposed, it must be ratified by either three-fourths of the state legislatures or by conventions in three-fourths of the states, as determined by Congress
210
Article VI
Section 1: All debts contracted and engagements entered into before the adoption of the Constitution are still valid, even though they were made under the Articles of Confederation

Section 2: The Constitution, federal laws, and treaties made under the authority of the United States are the supreme law of the land, meaning that state laws and constitutions must comply with them. All judges, in both state and federal courts, are bound by the Constitution

Section 3: All government officials, both at the federal and state levels, must take an oath to support the Constitution. This requirement ensures that all branches of government are committed to upholding the principles and laws of the Constitution
211
Article VII
The Constitution will become effective once it is ratified by conventions in nine states
212
Federalist No. 10
Written by James Madison
Factions are inevitable, to cure them would be to eliminate freedom
A large, vast republic will mean more factions and harder for any one faction to gain power
Pluralist Theory
Power separated between state and federal to splinter government and make it harder for factions to influence
Remember: Fact10ns
213
Brutus No. 1
Written by Robert Yates
Written to dissuade readers from supporting Constitution at Constitutional Convention
Argued that that the new federal government would be too powerful
Pointed to the necessary-and-proper clause and the supremacy clause
Objected to Congress's power to tax and raise a standing army and to the vast size of the proposed republic
Representatives would be disconnected from populace in a large republic
Argued that this powerful new government would supplant the states
Federal courts will destroy state courts
Federal government gains limitless power
214
Federalist No. 51
Written by James Madison
Echoes Montesquieu's separation of powers
Three self-sufficient branches of government that have power over others to prevent tyranny
Congress will be most powerful branch so must be divided (house & senate)
215
Federalist No. 78
Written by Alexander Hamilton
Argued for life tenures for judiciary to prevent legislative encroachment
Life tenure is necessary if courts are going to be able to defend the constitution
Judiciary is naturally the weakest of all three branches
Judiciary must be independent to determine constitutionality
216
Federalist No. 70
Written by Alexander Hamilton
Argued for a strong, single, unitary executive
Executive does not contradict republican government
Plurality in executive would slow decision making in times of crises
Executive needs power, influence, secrecy, flexibility, quick execution of powers to maintain national security
Executive must carry out laws, protect property, prevent anarchy, ensure national security, protect liberty, make quick decisions, have secrecy, and take action
217
Letter from a Birmingham Jail
Written by Martin Luther King Jr.
There is injustice everywhere
Argues for nonviolent action and having a dialogue about the issue, not a monologue
Lists injustices- being called "boy", not being allowed in amusement parks and motels
If laws are unjust, they must be broken to uphold justice and the integrity of the law
Don't settle for peace that perpetuates social injustices
Being labeled an "extremist" is okay because they produce social change
218
Due Process Clause (14th)
Clause of the 14th Amendment
No state may deprive a citizen of life, liberty, and pursuit of happiness without due process of law
Pretty much 5th Amendment but extended to states
219
Due Process Clause (5th)
Clause of the 5th Amendment
Federal government may not deprive a citizen of life, liberty, and pursuit of happiness without due process of law
220
Equal Protection Clause
Clause of the 14th Amendment
Forces a state to govern impartially
Cannot draw distinctions between individuals solely on differences that are irrelevant to a legitimate governmental objective
221
Establishment Clause
Clause of the 1st Amendment
Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state
222
Free Exercise Clause
Clause of the 1st Amendment
Congress cannot pass laws that ban freedom of worship
223
Reserved Powers Clause
Clause of the 10th Amendment
Any power that is not granted to the national government, or denied to the states, automatically reverts to the states
224
Takings Clause
Clause of the 5th Amendment
Eminent Domain
Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property
225
Political Culture
A set of basic, foundational values and beliefs about government that is shared by most citizens
Key elements:
-democracy
-equality before the law,
-limited government
-capitalism
-private property
226
Block Grants
Grants given to the states by the federal government for a general purpose (like education or road-building)
Unlike categorical grants, states have discretion to decide how to spend the money
227
Categorical Grants
A grant given to the states by the federal government for a specific purpose or program
The federal government tells the states exactly how to spend the money (no state discretion unlike block grants)
Example = Medicaid
Most common type of federal grant because it gives Congress the most control over the states
228
Revenue Sharing
When the federal government apportions tax money to the states with no strings attached
229
Unfunded Mandate
A federal order mandating that states operate and pay for a program created at the national level without federal aid
230
Incumbency Advantage
Institutional advantages held by those already in office who are trying to fend off challengers in an election
-Casework
-Franking Privilege
231
Casework
Assistance given to individual constituents by congressional members, like helping an elderly person figure out how to get Medicare benefits
Major incumbency advantage
232
Franking Privilege
The right of congressmen to send job-related mail to their constituents without paying postage
Incumbency advantage
233
Gerrymandering
The drawing of district boundaries by the state legislature to benefit a party, group, or incumbents
Major types are political (constitutional) & racial (unconstitutional)
234
Grandfather Clause
Jim Crow era state laws that discouraged African Americans from voting by saying that if your grandpa couldn't vote, then neither can you
The newly-freed slaves grandpas couldn't vote, so neither could they
Declared unconstitutional in 1915.
235
Initiative
Some states allow citizens to come up with their own ideas for laws to put on an election ballot
If the proposition passes it becomes a law
Requires many voter signatures to get on the ballot
Most direct form of democracy (citizen law-making)
236
Idealism
Foreign policy that promotes using American power to promote democracy and peace around the world
Associated with Woodrow Wilson & Jimmy Carter (Compare with realism)
237
Literacy Tests
A method to deny blacks right to vote during the Jim Crow Era by requiring reading or civics test in order to vote
Could be selectively applied
Rationale: only the educated should vote
Prohibited by the Voting Rights Act of 1965
238
Confederation
Nonbinding union of sovereign states
Example = European Union, America under Articles of Confederation
239
Cooperative / Marble Cake Federalism
System of federalism where federal & state governments help each other perform governmental duties
Can cause confusion and/or conflict among among different levels of government
`Best explanation of how federalism works today (instead of dual federalism)
Example = After hurricanes federal and state agencies work together to provide relief
240
Condition of Aid
A technique of fiscal federalism used by Congress to control states
Requires states to do something in order to get the money
Example = South Dakota v. Dole, raise drinking age 21 to get highway money
241
Department of Defense
Cabinet-level agency in charge of the armed forces and military policy
HQ = The Pentagon
242
Department of State
Cabinet-level agency in charge of foreign policy & international affairs
243
Descriptive Representation
The idea that politicians can only represent people like them (ex. only women can represent women, blacks represent blacks, etc.)
244
Dual / Layer Cake 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)
245
Exclusionary Rule
Evidence obtained in violation of 4th Amendment is not admissible in criminal trial
246
Entrance/Exit Polls
A poll of voters exiting the polls (voting locations) to attempt to predict the outcome of the election
May create a bandwagon effect
247
Bandwagon Effect
In primary elections, it is when people support the candidate everyone else seems to be supporting (poll leaders)
Leads to Primary Frontloading (states want to have the most impact in the primary process)
248
Fiscal Federalism
Federal government using money (grants) to influence & control states
249
Keynesian Economics
Theory based on the principles of John Maynard Keynes, stating that government spending should increase during business slumps and be curbed during booms
250
Supply-Side Economics
An economic philosophy that holds the sharply cutting taxes will increase the incentive people have to work, save, and invest
Greater investments will lead to more jobs, a more productive economy, and more tax revenues for the government
Headed by Ronald Reagan
251
Liberalism
Support government intervention in economics but not in personal life
252
Conservativism
Support government intervention in personal life but not in economics
253
Libertarianism
Don't support any government intervention in personal life or economy
254
Pocket Veto
If a bill is proposed within 10 days of congress adjourning and the president does not sign it , it will die (un-overrideable veto)
255
Political Ideology
a more or less consistent set of beliefs about what policies government ought to pursue
256
Political Socialization
The process by which individuals acquire a sense of political identity
Key agents of socialization include family, media, peers
Process can be informal (family) or formal (AP Gov)
257
Poll Tax
Tax on voting used to discourage African Americans from voting during the Jim Crow era
Also used to exclude poor whites
Declared unconstitutional by 24th Amendment
258
Push Poll
A type of poll that attempts to influence opinions secretly using a poll (would you vote for McCain if you knew that he had a black, illegitimate child?)
259
Realism
Major foreign policy ideology
Act in the world only to protect and benefit yourself (Contrast with idealism)
260
Referendum
A state level method of direct democracy that gives voters a chance to approve or disapprove proposed legislative action or a proposed amendment
Occurs when a state wants the voter's opinion on a controversial issue
261
Selective Incorporation Doctrine
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments
262
Stare Decisis
"The decision stands"
A rule in deciding cases where judges follow precedent
Helps promote consistency and fairness in the legal process
Lower courts must follow precedent set by higher courts
Supreme Court can reject precedent if absolutely necessary (Example: Brown rejects precedent of Plessy)
263
Substantive Representation
Theory of representation that says that anyone can represent any group (ex. a rich white guy can represent the interests of poor black people)
Compare to Descriptive Representation
264
Unitary State
A state ruled by a single central government, contrasting to Federalism
265
White Primary
A form of restricting African American's 15th Amendment rights during the Jim Crow Era by only allowing whites to vote in the primary elections
Gave African Americans only the opportunity to vote for white racist A or white racist B
266
Socialism
A political ideology that opposes capitalism and supports government control of major aspects of the economy (ex. electricity, health care)
267
Policy Election
An election in which voters vote on a particular policy question (ban gay marriage, legalize marijuana)
Often used to resolve a controversial issue
Only used (so far) at the state level. Three types of policy election are: recall, initiative, referendum.
268
Recall
A procedure for submitting to popular vote the removal of officials from office before the end of their term
269
House and Senate Whips
Second-ranking party leadership position
Connects leaders with "rank and file" members, and tries to encourage party unity & discipline
270
Senate Leaders
The heads of the minority and majority parties in the Senate
Less powerful than the Speaker, they set legislative agenda for their party and help set the daily Senate agenda
271
Standing Committee
Permanent committees in House and Senate that handle bills dealing with a particular subject area
Examples = Defense, Budget, Education
272
House Rules Committee
Powerful House standing committee that reviews all bills coming from other House committees before they go to the full House (gatekeeper function)
Sets time limit for debate decides whether amendments can be added (open or closed rule)
273
House Ways and Means Committee
Important House standing committee responsible for initiating all taxation bills
274
Appropriations Committees
Decide how to spend money allocated to each spending category by Budget Resolution
Twelve subcommittees for major areas of budget (ex. defense, energy, agriculture)
Major source of earmarking
Exercises sole jurisdiction over discretionary spending
275
Subcommittees
A group within a standing committee that specializes in a subcategory of the standing committee's responsibility
Example = House Committee on Foreign Affairs has subcommittees on Asia, Europe, Africa, etc.
276
Conference Committees
A joint committee appointed to resolve differences in the senate and house versions of the same bill
277
Joint Committees
Congressional committees on a few subject-matter areas with membership drawn from both houses
278
Select Committees
Temporary congressional committees appointed for a specific purpose, such as impeachment investigations or the "Super Committee" on the Budget
279
Committee Chairperson
Leader of a congressional committee
Usually the longest serving member of the majority party on that committee (seniority rule)
A very powerful position - Controls the committee calendar, agenda, and hearings
Can pigeonhole (table) a bill by refusing to schedule debate on it
280
Seniority Rule
A congressional custom that gives the chair of a committee or subcommittee to the member of the majority party with the longest continuous service on the committee
281
Pigeonholing
Occurs when a committee ignores a bill and doesn't report it out
Also known as "tabling" or "death by committee"
Major cause of bill death
282
Marking Up
The process by which a congressional committee debates, amends, and/or rewrites bills
283
Reporting Out
When a committee finishes the mark-up of a bill and sends it to the senate or house for debate, consideration, and final passage
284
Open Rule
An order from the House Rules Committee that permits a bill to be amended on the floor (allows "death by amendment")
285
Closed Rule
Rule in the House of Representatives that prohibits any amendments to bills or says that only members of the committee reporting the bill may offer amendments
286
Executive Office of the President (EOP)
Ten organizations that advise the President
Includes the Office of Management and Budget, the Council of Economic Advisors, and National Security Council
Top positions must be confirmed by Senate
287
White House Office
EOP group that includes the President's most trusted personal advisors (led by White House Chief of Staff); members do not need senate confirmation
288
Independent Regulatory Commisions
Independent agencies created by Congress to regulate important aspects of the nation's economy
Commissioners appointed by President but not removable except "for cause" (to protect independence)
Most independent and least accountable part of the federal bureaucracy
289
Independent Executive Agencies
Federal agencies that aren't large or important enough to get department status
Directors appointed by President w/ advice & consent of Senate
Ex. NASA, CIA, EPA
290
Government Corporations
A government organization that, like regular corporations, provides a service to the public and typically charges for its services
The U.S. Postal Service is an example
291
Continuing Resolution
A emergency budget extension measure that Congress passes when a full budget law has not been completed by the beginning of the new fiscal year (October 1)
Avoids government shutdown
292
Honeymoon Period
The short period (days or months) following an election when a president's popularity and ability to influence Congress is at its highest
293
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, State of the Union Address
294
Rally Effect
Short-term patriotic increase in president's popularity and power during times of serious international crisis or war (e.g. Bush after 9/11)
295
War Powers Act
A law passed in 1973 after Vietnam fiasco requiring
(1) president to notify Congress within 48 hours of sending troops into combat and
(2) begin to remove troops after 60 days unless Congress approves of the action
Limited effort to reverse erosion of Congress' war powers since World War II (last formal declaration of war)
296
Executive Privilege
The President's self-declared power to keep executive communications confidential, especially if they relate to national security
Informal amendment to Constitution (by tradition)
Can lead to conflict with other branches (Watergate)
297
Administrative Discretion
The ability of an agency to determine how it will execute laws
Major source of independent power for agencies
Example = the FDA decides how to determine safety of food & drugs, the U.S. Attorneys decide whether or not to prosecute suspects
298
Department of Justice
Federal department responsible for enforcing federal laws (includes FBI, Civil Rights Division, Antitrust Division, Drug Enforcement Administration)
299
Judicial Activism
A philosophy of judicial decision-making whereby judges allow their personal views about public policy (liberal or conservative) to guide their decisions
Activist judges are comfortable declaring laws unconstitutional
300
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

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