Gov/Pol Chapter 1 and 2 Notes

Poltics

The process of influencing the actions and policies of the government

Government

Describes the rules and institutions that make up the system of policy making

Locke's Natural Rights

Right to life, liberty, and pursuit of happiness

Social Contract

People give the rule to the gov. to ensure orderly society

Montesque's Ideals

Separation of powers; power should be divided throughout branches

David Humes

Idea of designing the gov. to prevent greedy and ambitious people from using politics to their advantage.

Popular sovereignty

The idea the govs right to rule comes from the people

Judicial Review

Review by the US Supreme Court of the constitutional validity of a legislative act.

ex post facto law

Not allowed to change legal consequences

bill of attainder

legislative act declares a specific person or group guilty of a crime and punishes them w/o a judicial trial

Federalist 10

An essay by Madison arguing a large republic can best control political factions because of the diversity that can represent the public better than a small one

Federalist 51

Explains how the structure of the Constitution prevents abuse of power by dividing authority between different levels and branches of government.

Supreme Law of the Land

The U.S. Constitution's description of its own authority means that all laws made by governments within the United States must be in compliance with the Constitution.

Federalism

a form of government in which power is divided between the federal, or national, government and the states

Unitary System

One central government has all the power

concurrent powers

Powers held jointly by the national and state governments.

Supremacy Clause

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.

Necessary and Proper Clause

(Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

Extradition

A requirement that officials in 1 state can return a defendant to another state where the crime was committed.

McCulloch v. Maryland (1809)

Maryland was trying to tax the national bank and Supreme Court ruled that federal law was stronger than the state law

Plessy v. Ferguson (1896)

Established the "separate but equal" doctrine, determining that state-mandated racial segregation did not violate the Fourteenth Amendment

Democracy

A political system in which the supreme power lies in a body of citizens who can elect people to represent them

Republicanism

Emphasizes rights and focuses on the common good even in inequality

Checks and balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

How can a bill be vetoed w/o the President?

2/3 of House agrees, 2/3 of Senate agrees

Writ of Habeas Corpus

Requires the gov. to bring a detained person before a judge

Gettysburg Address

Speech by Lincoln after the Battle of Gettysburg framing the Civil War as a major test of the nation and calling on the living to finish the work of the dead.

Articles of Confederation

Officially unified the 13 States and established that every state kept its absolute freedom + independencce w/ one house of Congress and equal representation

"We hold these truths to be self-evident, that all men are created equal..."

Declaration of Independence

"Government of the people, by the people, for the people, shall not perish"

Gettysburg Address

Brutus 1

Argues against ratification of U.S. Constitution, warning the gov. will hold too much power and destroy state authority

Necessary and Proper Clause

constitutional authorization for Congress to make any law required to carry out its powers

Shay's Rebellion

A 1787 rebellion in which ex-Revolutionary War soldiers attempted to prevent foreclosures of farms as a result of high interest rates and taxes due to Articles of Confederatin

Limited Government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

Confederal Systems

States have more power than the national government

Federal System

A government that divides the powers of government between the national government and state or provincial governments

Enumerated or expressed power

powers explicitly granted to the national government through the Constitution

Implied powers

Powers not specifically mentioned in the constitution

10th Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

Commerce clause

Strongly influences federalism by granting Congress the power to regulate commmerce with foreign nations and among states/indian tribes

Reserved powers

Powers given to the state government alone

Full Faith and Credit Clause

Requires states to recognize the public acts and records of other states

Privileges and Immunities Clause

prevents states from discriminating against people from out of state

inherent powers

Powers the Constitution is presumed to have delegated to the National Government because it is the government of a sovereign state within the world community

Gibbons v. Ogden (1824)

The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's Commerce Clause paved the way for later rulings upholding expansive federal powers.

dual federalism

political system where the national and state governments operate in distinct, separate spheres of authority

Fisical Federalism

The Fed. Govs use of grants to influence policies in states

Categorical grants

Provide money to states or local gov. for specific policy objectives w/ certain conditions attached to recieving or spending funds

Unfunded mandates

Federal regulations require states to implement policies at their own expense (accessibility upgrades)

Block grant

Provide federal money that increases state, local, and regional authority in how this money is spent.

Revenue sharing

Occurs when fed. gov apportions tax money w no strings

Devolution

Returns authority federal programs to state by decentralizing control

No child left behind

Tying federal grant money to mandatorty state standardized testign

Every student succeeds act

retained standardized testing but gave states greater flexibility for educational standards

Federal No. 39

argues that the proposed U.S. Constitution is neither strictly a national nor a strictly federal government, but rather a compisition of both (Federalism)

Fed. 39

"The proposed Constitution [...] is, in strictness, neither a national nor a federal Constitution, but a composition of both.

McCulloh V. Maryland

Maryland attempted to close the Baltimore Bank by taxing out-of-state banks operating in the states - questioned the power of the Federal government creating a national bank

McCulloh v. Maryland

Necessary and Proper clause

Supremacy Clause

Implied Powers

US. v Lopez

Alfonso Lopez convicted under federal law for carrying a handheld gun into school in Texas - 5-4 decision ruled that it is not an interstate commerce concern

US. V Lopez

Gibbons v. Ogden
Commerce clause

Wickard v. Filburn

DOMA

Section 3 - Defense of Marriage act that defined marriage between 1 man and 1 woman

Prinz v. US

Cited 10th amendment when it struck down federal law for requiring background checks on handgun purchasing

Loving v. Virginia

Struck down state laws banning interracial marriage - While federal law allowed it, Virginia’s state law banned it

United States v. Windsor

Windsor and Spyer marries - After Spyer died, Windsor was forced to pay federal estate tax that a straight couple would not have to pay

US v. Windsor (2013)

DOMA
5-4 Ruling

Due process clause
Equal protection

Loving v. Virginia

Due process clause
Equal protection

13th Amendment

Outlawed slavery

14th amendment

Limits state actions under Equal Protection and Due Process

15th amendment

African Americans right to vote

Equal protection

requires states to govern impartially—they cannot discriminate against individuals or groups arbitrarily without a valid justification

Due process

stops the government from taking away a person's life, liberty, or property unfairly or arbitrarily.

Obergfell v. Hodges

The fundamental right to marry is guaranteed to same-sex couples under the Fourteenth Amendment

Gonzales v. Raich

U.S. Supreme Court decision ruling that the Commerce Clause of the U.S. Constitution allows Congress to criminalize the local cultivation and use of marijuana, even when it is legal under state laws for medicinal purposes.

Selective incorporation

Selective incorporation is the case-by-case application of the Bill of Rights to the states through the Fourteenth Amendment. It is used to limit state regulations that may infringe on civil rights and liberties.

Cooperative federlism

a system of government in which national, state, and local governments share responsibilities and collaborate on common goals and programs (New Deal)