1Government
The people, procedures, and institutions that make, enforce, and interpret rules for a community
2Politics
the process of influencing the government
3Plurality Voting
1 person = 1 vote, candidate that gets most votes wins
4Ranked Choice / Condorcet Voting
Voter ranks their preference in candidates from first to last or, alternatively, voters pick their preferences in head-to-head matchups
5Borda Count Voting
Voter ranks preference in candidates with each rank corresponding to a number of "points", the candidate with the most wins
6State of Nature
Alleged condition of humanity before government and laws
7Popular Sovereignty
Idea that the power of the government originates from and belongs to its constituents
8Tyranny of the Majority
The potential of a majority to monopolize power for its own gain to the detriment of minority rights and interests
9Tyranny of the Minority
The potential of a minority to withhold the rights and interests of the majority
10Divine Right
Belief that governmental authority comes directly from god
11Absolutism
A political system in which a ruler holds total power
12Social Contract / Individual Liberty vs. Collective Benefits
As safety and benefits of the community increase, freedom decreases
13Natural / Inalienable Rights
Rights derived from nature, not social contracts. The purpose of the government is to protect these rights
14Declaration 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
15Articles 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
16Annapolis Convention
Convention where only 5 of 13 states attend and bitch about the articles
17Philadelphia / 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
18Virginia 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
19New 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
20Great 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
213/5ths 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
22Compromise on Importation
Congress restricts the slave trade after 1808
23Constitution'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)
24Constitution's Reduction of Tyranny
Grants & Denials of powers - enumerated powers in constitution, Bill of Rights, Separation of Powers and Checks & Balances
25Federalism
A system in which power is divided between the national and state governments
26Constituency
Body of voters in an area who elect a representative or a senator
27Representative
25 years old, citizen for 7 years, resident of state
Delegate
Per-District
2 year terms (no limits)
One of 435 members
28Senator
30 years old, citizen for 9 years, resident of state
Trustee
Per-State
6 year terms with staggered elections
One of 100 members
29President
35 years old, natural born citizen (ambiguous), 14 year resident
4 years per term, 2 term limit
Electors are chosen as state legislatures direct
30Filibuster
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
31Cloture
A procedure for terminating debate, especially filibusters, in the Senate
32Rider
Provision added to spending / appropriation bill that effectively adds policy
33Earmark
Funds that an appropriations bill designates for a particular purpose within a state or congressional district
34Congressional 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)
35Fire-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
36Police Patrol Oversight
A method of oversight in which members of congress constantly monitor the bureaucracy to make sure that laws are implemented correctly
37Office 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
38Presidential Line of Succession
President, Vice President, Speaker of the House, Senate Pro Tempore, then a bunch of secretaries
39Powers of the President
Chief Executive, Commander in Chief, Chief Diplomat, Chief Legislator, Chief Judge
40Chief Executive
Individual that must execute the law, issuing executive orders and signing statements
41Executive Order
Directives to executive officials on how to implement a law
42Signing 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
43Commander in Chief
Leader of the military
44Chief Diplomat
Guides US foreign policy with summits and treaties and executive agreements
45Executive Agreements
Treaties that don't require Senate support but may be rescinded by later presidents
46Chief Legislator
Recommend legislation to Congress, often during the State of the Union address
47Chief Judge
Grants reprieves, pardons, and commutations
48Reprieve
Postponement of a criminal's punishment
49Pardon
Forgiving of a criminal's punishment
50Commutation
Reduction of a criminal's sentence
51Line Item Veto
The passage of some parts of a bill and veto of other parts (declared unconstitutional in 1993)
52Federal Bureaucracy
Departments & agencies that carry out law
53Pendleton Act
Ended political patronage / spoils system, implementing a merit system, creating Civil Service Commission
54Civil Service Commission
Regulates the employment and working conditions of civil servants, oversee hiring and promotions, and promote the values of the public service
55Hatch 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
56Short-Timers
~10% of high-level appointees (cabinet) in federal bureaucracy that usually serve up to 1 year, can be removed by the President
57Iron 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
58Long-Timers
Multi-term, general service members of bureaucracy between 15 cabinet departments, with 14 headed by secretaries (Attorney General heads Justice Department)
591789 Judiciary Act
Established federal court system
60Federal Court Jurisdiction
Federal law violations, treaties, constitutional law
61Dual Sovereignty
The ability to be tried twice for the same incident but two different crimes when in violation of both state and federal law
62Senate 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)
63Original Jurisdiction
Authority to hear a case for the first time
64Appellate Jurisdiction
Authority to review decisions made in lower courts (do NOT overturn jury, only application of law by judge)
65Supreme Court Justices
Amy Coney Barrett
Brett Kavanaugh
Clarence Thomas
Samuel Alito
Ketanji Brown-Jackson
Neil Gorsuch
Soñia Sotomayor
Elena Kagan
Chief Justice John Roberts
66District Court
Lowest level of court with original jurisdiciton
67Circuit Court of Appeals
Higher level of court with appellate jurisdiction
68Supreme Court
Highest level of court with mostly appellate jurisdiction but some cases of original jurisdiction (state vs. state, ambassadors or other public ministers)
69Senatorial 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
70Merit Plan
Appointment of state judges by governors with retention elections
71Writ 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
72Supreme 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
73Legal Brief
Summary of facts & rulings by each side and then a presentation of argument
74Amicus Curiae Brief
Argument made in court by interest group
75Lemon Test
Test to determine whether something defies the separation of church & state
76Sherbert 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
77Clear & Present Danger Test
"Fire in a theater", restriction of free speech based on the reckless danger created by that speech
78Imminent Lawless Action Test
Restriction of free speech only if that speech is intended and likely to create a violation of the law
79Prior 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
80Defamation
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
81Obscenity
Lewd, filthy, or disgusting words or pictures that serve no literary, artistic, political, or scientific value
82Miranda Rights
Right to remain silent and right to an attorney, said to individuals under arrest
83Double Jeopardy
Inability to be tried twice for the same crime
84Death Penalty Restrictions
Cannot be used on juveniles and those with cognitive disabilities (8th Amendment)
85Black Codes
Laws that target and incarcerate black people because slavery was banned EXCEPT as punishment for a crime
86De Jure Segregation
Segregation enforced by law
87De Facto Segregation
Segregation beyond the law
88Jim Crow Laws
Poll taxes & literacy tests that prevent black people from voting
891st Amendment
Freedom of Religion, Speech, of the Press, Assembly, and Petition
902nd Amendment
Protects the people's right to bear arms
913rd Amendment
No soldier can be quartered in a home without the permission of the owner
924th Amendment
Prohibits unreasonable searches and seizures and sets out requirements for search warrants based on probable cause
935th Amendment
Protects rights of due process and the right to remain silent ("plead the 5th"), double jeopardy
946th Amendment
The right to a fair and speedy trial by a jury of one's peers; to have witnesses and to give a defense
957th Amendment
The right to a trial by jury in civil cases for amounts of \$20 or more
968th Amendment
Prohibits excessive bail, excessive fines, and cruel and unusual punishments
979th Amendment
People have other rights not specifically stated in the Constitution
9810th Amendment
Gives all powers not specifically given to the United States government in the Constitution, to either the states or to the people
9911th Amendment
Determines when and if a state can be sued; states cannot be sued by people from other states or by foreigners
10012th Amendment
The Electoral College must vote for the President and the Vice President separately
10113th Amendment
Abolished slavery and involuntary servitude
10214th Amendment
Makes anyone born on US soil a citizen and guarantees equal protection under the law
Due Process & Equal Protection clause
10315th Amendment
Gave all men the right to vote regardless of race or color or whether they had been slaves
10416th Amendment
Created an income tax and gave the Federal government the power to collect it
10517th Amendment
Creates the direct election by the people of Senators
10618th Amendment
Prohibition of the drinking, manufacture, and sale of alcohol
10719th Amendment
Gave women the right to vote
10820th Amendment
Gives details on the terms of office for Congress and President; shortens "lame duck" period (time between election and inauguration)
10921st Amendment
Repealed the 18th amendment (prohibition)
11022nd Amendment
Limits the president to two terms in office (or 10 years)
11123rd 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
11224th Amendment
Prohibited the poll tax
11325th Amendment
Explains what happens when the President dies or is unable to continue in office (Succession)
11426th Amendment
Sets the national voting age at 18, cannot be set any higher
11527th Amendment
Any changes in Congressional salaries will take place after the next term starts
116Engel v. Vitale (1962)
Declared school sponsorship of religious activities violates the establishment clause
117Wisconsin v. Yoder (1972)
Held that compelling Amish students to attend school past the eighth grade violates the free exercise clause
118Tinker 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.
119Schenck 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.
120New York Times Co. v. US (1971)
The US government cannot stop news from spreading as it violates freedom of Press
121McDonald v. Chicago (2010)
The Second Amendment right to keep and bear arms for self-defense is applicable to the states.
122Gideon 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.
123Brown v. Board (1954)
Separate but equal educational facilities are inherently unequal. They are violating the Equal Protection Clause of the Fourteenth Amendment
124Citizens 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.
125McCulloch 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.
126United 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
127Marbury 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
128Baker v. Carr (1961)
One person one vote, redistricting must be done in the fairness of the people or the courts will resolve the issue
129Shaw v. Reno (1993)
Racial gerrymandering is not good
130Plessy 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"
131Civil 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
132Voting 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
133Obergfell v. Hodges (2015)
Court ruled that marriage is a right regardless of sexual orientation, therefore all states must allow same sex couple to marry
134Rational Basis
The standard used by the courts to decide cases of discrimination based on age and income; constitutional if reasonable
135Intermediate 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
136Strict Scrutiny
A heightened standard of review used by the Supreme Court to determine the constitutional validity of race- or ethnic-based segregation
137Random Digit Dialing
Polling method where pollsters digit randomly generated numbers. This method often underrepresents conservatives (non-response bias)
138Margin of Error
Range of possible error associated with the imperfections in sampling procedures
139Confidence Interval
Range of values between the top and bottom limits of the margin of error in poll results
140Confidence Level
Probability that polling results are within the confidence interval
141Non-Response Bias
Inaccuracies in polls because certain groups don't participate
142Respondent Honesty
The phenomenon where responders to polls will lie to seem more favorable
143Bradley 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
144Respondent Ignorance
Uninformed answers from uninformed poll respondents
145Question Wording
Innocuous shifting phrasing can change responses
146Restricted Choices
Options provided can skew responses
147Operational Ideology
The ideological label that appropriately describes one's policy positions
148Symbolic Ideology
The ideological label that people use to describe themselves
149Linkage Institutions
Connect individuals with government - elections, parties, interest groups, media
150Elections
Give officials voters interests, hold officials accountable
151Prospective Voting
Voting based on what you think a candidate will do
152Retrospective Voting
Voting based on the performance of the incumbent
153Party-Line Voting
Voting based on party affiliation
154Primary 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
155Delegate
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
156Open Primary
Independent voters may choose which party's primary they want to vote in
157Closed Primary
Independent voters may not choose which party's primary they want to vote in as only enrolled party members may vote
158Caucus
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
159Invisible 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
160Primary 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
161Tammany 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
162Progressive 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
163Motor-Voter Law
1993 law that lets people register to vote when applying for a license
164Voting 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
165Proportional Representation
The percentage of votes that a party gets in an election is the percentage of seats in government that party controls
166Superdelegates
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
167National 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
168Brokered / 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
169Maine & 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
170National 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
171Matching 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
172Participatory 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
173Pluralist 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
174Elitist Theory
A theory of democracy that the elites have a disproportionate amount of influence in the policymaking process
175Political 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)
176Super PACs
Political action committee that only spends money on independent expenditures, meaning donations to the entities are limitless
1772002 Bipartisan Campaign Reform Act (McCain-Feingold)
Passed to restrict independent expenditures (unconstitutional via Citizens United), ban soft money (constitutional)
178Soft Money
Unlimited party donations for "party building activities" that are supposed to fund things separate from candidates and campaigns (but let's be real)
179501(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)
180Dark 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
181Political Parties
Organized groups that nominate candidates, fund campaigns, compile platform, inform public, provide heuristic, enact or oppose legislation
182Realignment
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
183Critical Election
An election when significant groups of voters change their traditional patterns of party loyalty
184Party Press
Earliest era of press in America. Parties fund newspapers, very expensive and limited supply, so a small circulation of news within the elites
185Yellow 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
186Op-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)
187Objective 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
188Rise 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)
189Narrowcasting
Media programming on cable TV or the Internet that is focused on one topic and aimed at a particular audience
190Roles of Media
Signaling Function (tells us what's happening), Common Carrier (conduit for political leaders), Watchdog Role (exposing corruption & incompetence)
191Horserace 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
192Logrolling
Vote trading; voting to support a colleague's bill in return for a promise of future support
193Pork 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
194Declaration 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
195Shay'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
196Article 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
197Commerce 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
198Necessary 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
199Writ 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.
200Bill of Attainder
A law that punishes a person accused of a crime without a trial or a fair hearing in court (unconstitutional)
201Ex Post Facto Clause
Congress may not pass a law that makes an act criminal although the act was legal when it was committed
202Article 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
203Article 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
204Article 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
205Privileges 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
206Full 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
207Extradition 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
208Supremacy 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
209Article 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
210Article 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
211Article VII
The Constitution will become effective once it is ratified by conventions in nine states
212Federalist 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
213Brutus 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
214Federalist 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)
215Federalist 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
216Federalist 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
217Letter 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
218Due 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
219Due 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
220Equal 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
221Establishment Clause
Clause of the 1st Amendment
Congress cannot establish an "official" religion. This, in effect, provides for separation of church and state
222Free Exercise Clause
Clause of the 1st Amendment
Congress cannot pass laws that ban freedom of worship
223Reserved 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
224Takings 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
225Political 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
226Block 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
227Categorical 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
228Revenue Sharing
When the federal government apportions tax money to the states with no strings attached
229Unfunded Mandate
A federal order mandating that states operate and pay for a program created at the national level without federal aid
230Incumbency Advantage
Institutional advantages held by those already in office who are trying to fend off challengers in an election
-Casework
-Franking Privilege
231Casework
Assistance given to individual constituents by congressional members, like helping an elderly person figure out how to get Medicare benefits
Major incumbency advantage
232Franking Privilege
The right of congressmen to send job-related mail to their constituents without paying postage
Incumbency advantage
233Gerrymandering
The drawing of district boundaries by the state legislature to benefit a party, group, or incumbents
Major types are political (constitutional) & racial (unconstitutional)
234Grandfather 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.
235Initiative
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)
236Idealism
Foreign policy that promotes using American power to promote democracy and peace around the world
Associated with Woodrow Wilson & Jimmy Carter (Compare with realism)
237Literacy 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
238Confederation
Nonbinding union of sovereign states
Example = European Union, America under Articles of Confederation
239Cooperative / 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
240Condition 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
241Department of Defense
Cabinet-level agency in charge of the armed forces and military policy
HQ = The Pentagon
242Department of State
Cabinet-level agency in charge of foreign policy & international affairs
243Descriptive Representation
The idea that politicians can only represent people like them (ex. only women can represent women, blacks represent blacks, etc.)
244Dual / 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)
245Exclusionary Rule
Evidence obtained in violation of 4th Amendment is not admissible in criminal trial
246Entrance/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
247Bandwagon 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)
248Fiscal Federalism
Federal government using money (grants) to influence & control states
249Keynesian Economics
Theory based on the principles of John Maynard Keynes, stating that government spending should increase during business slumps and be curbed during booms
250Supply-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
251Liberalism
Support government intervention in economics but not in personal life
252Conservativism
Support government intervention in personal life but not in economics
253Libertarianism
Don't support any government intervention in personal life or economy
254Pocket 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)
255Political Ideology
a more or less consistent set of beliefs about what policies government ought to pursue
256Political 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)
257Poll 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
258Push 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?)
259Realism
Major foreign policy ideology
Act in the world only to protect and benefit yourself (Contrast with idealism)
260Referendum
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
261Selective 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
262Stare 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)
263Substantive 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
264Unitary State
A state ruled by a single central government, contrasting to Federalism
265White 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
266Socialism
A political ideology that opposes capitalism and supports government control of major aspects of the economy (ex. electricity, health care)
267Policy 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.
268Recall
A procedure for submitting to popular vote the removal of officials from office before the end of their term
269House and Senate Whips
Second-ranking party leadership position
Connects leaders with "rank and file" members, and tries to encourage party unity & discipline
270Senate 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
271Standing Committee
Permanent committees in House and Senate that handle bills dealing with a particular subject area
Examples = Defense, Budget, Education
272House 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)
273House Ways and Means Committee
Important House standing committee responsible for initiating all taxation bills
274Appropriations 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
275Subcommittees
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.
276Conference Committees
A joint committee appointed to resolve differences in the senate and house versions of the same bill
277Joint Committees
Congressional committees on a few subject-matter areas with membership drawn from both houses
278Select Committees
Temporary congressional committees appointed for a specific purpose, such as impeachment investigations or the "Super Committee" on the Budget
279Committee 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
280Seniority 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
281Pigeonholing
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
282Marking Up
The process by which a congressional committee debates, amends, and/or rewrites bills
283Reporting 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
284Open Rule
An order from the House Rules Committee that permits a bill to be amended on the floor (allows "death by amendment")
285Closed 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
286Executive 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
287White 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
288Independent 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
289Independent 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
290Government 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
291Continuing 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
292Honeymoon Period
The short period (days or months) following an election when a president's popularity and ability to influence Congress is at its highest
293Bully 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
294Rally 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)
295War 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)
296Executive 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)
297Administrative 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
298Department of Justice
Federal department responsible for enforcing federal laws (includes FBI, Civil Rights Division, Antitrust Division, Drug Enforcement Administration)
299Judicial 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
300Judicial 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