POLS 2305 Final Exam

authority

the legitimate power of government and its officials, both elected and non-elected, to make and implement governing decisions according to the US Constitution and statutory law

Federalist Papers

a series of essays written in support of ratification of the newly drafted US Constitution written by James Madison, Alexander Hamilton, and John Jay and published in local newspapers under the pen name Publius

concurrent powers

powers shared between the federal governments, such as taxation and public safety law enforcement

politics

the non-violent process of deciding how power and resources are to be distributed within a society

• this process allows for social order and a means to put the public’s political ideals and principles into government action, either through elections or the passage of laws

republic

a democratic system of government in which governing decisions are made on behalf of the citizenry by their elected representatives

Necessary and Proper Clause

(Article I, sec. 8) grants the US Congress the authority to pass laws for it and the other branches to carry out their constitutional duties

• this clause is also referred to as the “Elastic Clause” because it provides the legislative branch some leeway to stretch its powers and adapt to the changing needs of the nation

political culture

refers to the shared political ideals and values held by a nation’s citizenry that provides a foundation for their system of government and political system as a whole

• the core principles and ideals that are a basis of America’s political disposition or culture, are democratic representation in government, equal treatment under the law, and individual freedom

checks and balances

the US Constitution separates governing authority between three branches: legislative, executive, and judicial

• provides overlapping powers between each branch so that no one branch of government or elected official can become too powerful

federalism

a political system in which governing authority is divided between two or more levels of government (national and state)

cooperative federalism

“marble-cake model”

• began after the Great Depression and explains the increasing role and authority of the national government over the state’s and domestic policy issues

Virginia Plan

also known as the “large state plan,” proposed by the Federalists led by James Madison, advocated for a strong national government that featured a bicameral legislature, an executive branch to implement laws, and a judicial system

New Jersey Plan

also known as the “small state plan,” submitted by the Anti-Federalists and was a modified version of the Articles of Confederation but did feature a “supremacy doctrine” that was included as part of the many compromises that resulted in the US Constitution that was ratified and still serves as the foundation of the American political system

Full Faith and Credit

clause in Article IV of the US Constitution, requires each state to respect the public records, legal contracts, policies, and judicial proceedings of the other states

classical liberalism

a political ideology that emerged during the Enlightenment and emphasizes individual freedoms and rights over the power of government or individual ruler

naturalization

the legal process of acquiring citizenship for individuals who do not qualify as citizens at birth

• US Congress is the branch of government with the legitimate authority to determine the requirements and formalize this process through federal law

institutions

the government organizations where issues are debated, decisions are made, and legitimate authority is exercised

• at the federal level, these include the US Congress, the executive branch, the office of presidency, and the US Courts system

Article III

establishes the US Supreme Court and grants Congress the authority to establish a lower federal court system

popular sovereignty

a concept out forth by John Locke that citizens are the ultimate source of the government’s power

• in the US, the public’s rights to participate in the political system and governance of the nation is protected by the Constitution

constitution

for both the US and state governments, a written document that establishes the government’s authority by outlining the structure and scope of authority of a governing system’s institutions, the selection and removal process of officials, the people’s rights and responsibilities protections provided by the government’s authority, and protections from government infringement

Gibbons vs. Ogden (1824)

the US Supreme Court ruled that a New York state law, which essentially created a steamboat monopoly over shipping on the Hudson River, was unconstitutional because it violated the Commerce Clause in Article I, sec. 8, which clearly establishes Congress as the only institution with the authority to regulate interstate business

social contract theory

civil society is based on an agreement between a government and the governed; citizens agree to give up some freedoms in exchange the government is expected to provide security and protection of other freedoms, such as political participation, right to private property, and equal treatment under the law

Bill of Rights

a list of our individual freedoms that impose limits on government infringement and authority regarding those freedoms

• added as part of a compromise between the Federalists and Anti-Federalists to gain states’ support for ratification of the revised Constitution drafted by state delegates at the 1787 Constitutional Convention

information bubbles

structured around customized sources of information and will only accept news reporting or editorial analyses that conform to, or reinforces, their preconceived ideas or biased interpretations about political issues or events

• citizen created and self-imposed

ex post facto

statutes that retroactively make an action a criminal offense

categorical grants

limits the discretion of the states on how to spend aid by listing detailed instructions, regulations, or compliance requirements within the law that created the grant

political narrative

competing sources of information (politicians, political parties, news commentators, etc.) often use persuasive rhetoric designed to appeal their audience’s personal preferences and biases rather than engage them in objective, comprehensive discussion about political topics

Article II

establishes the executive branch (presidency, vice-presidency, federal bureaucracy)

judicial review

the implied power of the court to determine the constitutionality of actions by officials in both the legislative and executive branches given their respective governing authority

• Marbury vs. Madison (1803)

Article I

regulation of interstate commerce, declaring war, laying and collecting taxes, allocating government funding, immigration and naturalization processes, and creating executive branch agencies and defining their scope and mission

• outlines the formal 2-step process for amending the US Constitution

Declaration of Independence

written by Thomas Jefferson, a political document that was significant for several reasons: it listed the colonists’ reasons for wanting to break away from rule under the British monarchy, it legitimized America’s claim as a sovereign nation in the eyes of other nations and potential allies, and it articulated our nation’s three foundational values of liberty, equality under the law, and right to self-government

14th amendment

defines US citizenship, eliminated the 3/5ths Rule, and prohibits states from establishing laws that violate the rights of US citizens or imprisoning anyone without the due process of law

Equal Protection Clause

mandates that national and state governments provide anyone within their jurisdiction equal treatment under law

19th amendment

ratified in 1920, granted women the right to vote

5 freedoms of the 1st amendment

• freedom of religion

• freedom of speech

• freedom of the press

• the right to petition the government

• the right to peaceably assemble

prior restraint

refers to the government’s attempt to censor or block the press from communicating or publishing information

• New York Times vs. United States (1971)

• Richard Nixon, Pentagon Papers

Separate but Equal Doctrine

upheld segregated public facilities as constitutional provided they were of equal quality

• Plessy vs. Ferguson (1896)

Brown vs. Board of Education (1954)

declared school segregation unconstitutional because it violated the Equal Protection Clause of the 15th amendment

two primary functions of the US Congress

national (federal) lawmaking, policy representation of their constituents

civil rights

fundamental citizenship rights, those the government has a responsibility to protect, such as the right to be treated equally under the law, and by our fellow citizens, and the right to participate in the political processes (voting) and governance of the nation as protected by the US Constitution under the 13th, 14th, 15th, 19th, and 26th amendments along with the federal laws that prohibit discriminatory actions in areas such as the workplace and housing

Due Process of Law

refers to the constitutional protections of individuals who are suspected or accused of committing crimes

civil liberties

individual freedoms that are essential in a democracy and are protected from government infringement by the US Constitution, such as the limits placed on government authority stated in the first 10 amendments, and detailed in congressional statuses

Establishment Clause

the US Congress is prohibited from passing laws creating or supporting a national religion or church, government cannot favor or support one religion over other religions

Griswold vs. Connecticut (1965)

ruled that the people have an implied right to privacy based on the enumerated civil liberties provided in the 1st, 3rd, and 4th amendments combined with the 9th amendment’s protection of individual freedoms not explicitly stated in the US Constitution

gerrymandering

occurs when a state’s legislature’s majority party takes advantage of the constitutionally mandated task of redistricting and manipulations voter district boundaries to give their political party an advantage in future election

Speaker of the House

the presiding officer of the US House of Representatives who is selected at the beginning of each new session by the chamber’s members