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popular sovereignty + social contract
by nature, power to govern is in the hands of people
to protect natural rights, people willingly give up some of their power to the government
rousseau
natural rights
people are born with specific rights endowed by their creator
locke + hobbes
republicanism
people elect others to represent them, who make laws in their interests
montesquieu
participatory democracy
emphasizes broad participation in politics and civil society → citizens directly vote on bills
ex: town hall meetings, initiative, referendum
initiative
voters put a measure on the ballot that they want to get passed
referendum
people vote to oppose a law passed by the legislature
elite democracy
emphasizes limited participation by a few, well-educated and informed statespeople who are qualified to direct the nation through law making on behalf of the people
supreme court judge nomination, electoral college
pluralist democracy
describes group-based activism by nongovernmental interests that work to impact political decision making
interest groups, states
federalists
hamilton, madison, jay
argued for centralized power in the federal government
wrote the federalist papers
anti-federalist
wrote the antifederalist papers
power should be invested in the states
articles of confederation’s failures
federal government only had one branch
all states must agree to amendments to AoC
congress had no power to raise tax revenue
no national currency
congress couldn’t raise a national army
—> shays rebellion
shays rebellion
congress didn’t have the money to pay revolutionary soldiers their dues
shays raised a militia
massachusetts militia crushed the rebellion
no national army could have helped —> state leaders were concerned about the threat of rebellion
constitutional convention
convened after the articles of confederation failed in 1787
great compromise
virginia plan vs new jersey plan
—> created a bicameral legislature
house of representatives - representatives apportioned by population
senate - representatives appointed equally to each state
virginia plan
argued that representatives ought to be apportioned by population
benefitted populous states
new jersey plan
argued that representatives ought to be apportioned equally
smaller states had the advantage
three fifths compromise
northerners - representation only by free people
southerners - representation should include enslaved people
counts three-fifths of enslaved population for both taxation and representation
compromise on the importation of enslaved people
slave trade wouldn’t be touched for 20 years, after which it would be abolished
proposal of an amendment
2/3 of congress or special state conventions propose the amendment
ratification of an amendment
¾ of state legislatures or state ratifying conventions agree to a proposed amendment
separation of power
no one branch of the United States contains all of the authority
—> power is separated into three branches
checks and balances
each branch can check the power of other branches
1) legislative’s power of advice and consent
2) legislative’s power of impeachment
3) executive branch can check congress through veto
4) legislative’s power to override the veto
5) judicial branch can do judicial review
stakeholder
anyone with a vested interest in the outcome of policymaking, i.e. us
—> interest groups pay lobbyists to meet with representatives
—> citizens can call congresspeople
—> citizens have access to bureaucratic agencies
—> stakeholders can use courts to challenge unconstitutional laws or appeal wrongful convictions
federalism
sharing of power between national and state governments
NOT ABOUT FEDERAL POWER
exclusive powers
powers delegated by the constitution to the federal government alone
reserved powers
powers kept by the states, guaranteed by 10th amendment
policing, hospitals, education
concurrent powers
powers shared by the federal and state government
fiscal federalism
congress can establish standards and direct funds to states that uphold the standards and withhold funding from states that dont
categorical grant
gives federal money to the states as long as they comply with specific federal standards
block grant
gives federal money to be spent in a broad category and the states determine how the money is spent
mandates
require states to follow federal directives and gives money towards carrying out the mandate
unfunded mandate
federal government sets a mandate and provides no funds to help states comply
unfunded mandates reform act
curtailed federal government’s ability to issue unfunded mandates
14th amendment + federalism
applies the bill of rights to the states
commerce clause
gives congress authority to regulate commerce between the states
article one, section 8
necessary and proper clause
congress has power to pass laws necessary and proper in carrying out their enumerated powers
article one, section 8
full faith and credit clause
states must respect the laws of other states
article 4
laboratories of democracies
states pass laws, and representatives at the federal level and other states can see the effect of the bill to implement it
senate
each state represented equally (2 representatives)
100 senators
more mature, must be 30 years older
6 year terms (more insulated from public pressure)
less connected to the people they represent
house of representatives
each state represented by population
each state has at least one representative
435 representatives in total
must be 25 years old
2 year terms (higher turnover)
closer to the issues that people in their districts care about
less likely to form bipartisan coalitions
debate rules
senate has unlimited debate (more informal)
house has restricted debate
enumerated powers of congress
article 1 section 8
power to pass federal budget
raise revenue
coin money
power to declare war
raise and maintain armed forces
implied powers of congress
derived from necessary and proper clause
house leadership
speaker of the house
majority and minority leaders
majority and minority whips
speaker of the house
chosen by house (from majority party)
decides who speaks
makes committee assignments
majority and minority leaders (house)
guide their party members in policy making issues —> help direct debate
majority and minority whips
keep the party in line
senate leadership
president of senate (VPOTUS)
president pro tempore
majority and minority leaders
president of the senate
vice president of u.s.
non voting member of senate
votes to break a tie
president pro tempore
chosen by senators (member of majority party)
leads senate when vice president is not present
majority and minority leaders (senate)
sets legislative agenda
determines calendar assignment of bills
committee
debate and draft legislature
**not in the constitution, just convenient
standing committee
remains from session to session
appropriations committee (senate)
ways and means (house)
joint committee
involves members from both house and senate
select committee
temporary committee designed for a specific purpose
conference committee
formed if both houses can’t agree on identical versions of a bill
house rules committee
gatekeeper for legislation
decides when votes take place
assigns bills to committees for debate and revision
committee of the whole
procedural move to relax the house rules for debate
discharge peititon
forces bills out of house committees with a majority vote
filibuster
stalling a bill by talking for a very long time (only allowed in senate)
cloture rule
move to end a filibuster with 3/5 vote (60 senators)
—> difficult to achieve, so even the threat of filibuster deters bills
unanimous consent
call for agreement to restrict certain privileges in the senate
how a bill becomes law
bill can be sponsored by a member from either house or senate
bill is considered and debated
once bill is assigned to a committee, it can be further debated and changed
goes to floor for a vote
if bill passes both houses, goes to president for signing
non-germane riders
provisions added to bills that have nothing to do with the subject of the bill
pork barrel spending
funds earmarked for a particular legislator’s district
log rolling
congressional back scratching
mandatory spending
money that must be allocated by law
ex: medicare, medicaid
discretionary spending
money that isn’t allocated by law
biggest portion is for human resources for government employees
lame duck president
presidents who can’t be elected again —> usually ignored by legislature because they don’t care about working with them anymore
delegate model
representatives must vote with the will of the people
trustee model
representatives most vote according to their own conscience
politico model
hybrid of the delegate and trustee models
gerrymandering
districts are drawn to benefit one group over another
policy agenda
set of policies that the president campaigned on —> informal promise
formal powers of president
powers explicitly given to executive of article ii of constitution
veto
10 days to sign bill once it arrives on their desk
commander-in-chief of armed forces
veto
president blocks a bill from passing
—> can be overridden with 2/3 vote of each house
—> threats to veto can be enough to inspire changes in the bill
pocket veto
if congress adjourns before the president’s allotted 10 days to sign a bill, the bill is effectively vetoed
informal powers of president
not mentioned in the constitution but exist because of the nature of presidential power
bargaining and persuasion
executive order
signing statement
executive agreement
executive order
directive from the president that has the force of federal law but isn’t actually a law
—> executive departments report directly to the executive so executive orders allow the president to direct the bureaucracy
signing statement
additional statement offered by president when signing a bill into a law that informs how they interpret the law and intend to execute it
executive agreement
agreement between president and another head of state
—> not a formal treaty
—> only exist as long as that president is in power
presidential appointments
senate has power of advice and consent
ambassadors (usually rubber stamp)
white house staff (no approval required)
cabinet (usually approved without a fight)
federal courts (contentious)
checks on presidency
impeachment
22nd amendment (limits to 2 terms)
presidential communication
bully pulpit
required: state of the union at the beginning of the year where the president makes policy recommendations
roosevelt’s fireside chats over radio
tv
social media
structure of federal courts
supreme court
courts of appeal
district courts
—> article iii section i allows congress to establish lower courts
supreme court
only court established by constitution, in article iii
judges appointed by president
lifetime appointments
original jurisdiction in cases between two states or involving an ambassador or other public official
most jurisdiction is appellate
courts of appeals
12, one for each district
3 judges
on jury
only appellate jurisdiction
district courts
94
only original jurisdiction
judicial review
court has the power to review the constitutionality of laws
precedent
decisions in past cases act like a template for future decisions
stare decisis
let the decision stand
judicial activism
court acts to establish policy and considers the broad effects of a decision on society
judicial restraint
judges are not appointed to make policy so laws should only struck down if they went against the constitution
checks on supreme court
congress pass laws that modify the effect of court decisions
constitutional amendments
passing legislation that effects court’s jurisdiction
judicial appointments
president doesn’t enforce court decisions