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Electoral College
Constitutional system for electing president and vice president. Each state has electors = to number of senators + representatives (DC also has 3 because of 23rd Amendment). Citizens of state vote for candidate. Winner gets all electoral college votes (except Maine & Nebraska which uses proportional system).
Cooperative Federalism
System of federalism where federal & state governments help each other perform governmental duties. Also known as marble-cake federalism.
Federalists
Supporters of the new constitution in 1787. Supported a strong central government. A.Hamilton, G. Washington, Marshall.
Federalist Papers
Written in 1788 by Madison, Hamilton, and Jay to support ratification of the Constitution.
Dual 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. Also known as "layer-cake federalism."
Great Compromise
Solved big state-little state debate over representation in federal legislature at Philly Convention. Created bicameral legislature with equal representation for states in Senate and proportional representation in House (seats based on population).
Civil Rights Act of 1964
Prohibits discrimination based on race or gender in employment or public accommodations (restaurants, hotels). Based on Congress's interstate commerce clause power.
Categorical Grant
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).
10th Amendment
Powers not expressly given to federal government by the Constitution are reserved to states or the people. Also known as "reserved powers amendment" or "states' rights amendment"
Brutus 1
This was Anti-Federalist writing that advocated for a small, decentralized republic; federal power was bad and that the Constitution gives too much power to the federal government. For example, the Necessary and Proper Clause would allow the federal government to make any laws, and the Supremacy Clause that said that federal law supersedes state law would give states no power to disagree with the federal government.
14th Amendment
(1) All persons born in the U.S. are citizens; (2) no person can be deprived of life, liberty or property without DUE PROCESS OF LAW; (3) no state can deprive a person of EQUAL PROTECTION of the laws.
15th Amendment
States cannot deny males (african american, mostly) the right to vote because of race.
17th Amendment
Established the direct election of senators (instead of being chosen by state legislatures)
19th Amendment
States cannot deny the right to vote based on gender
1st Amendment
Freedom of religion (establishment & free exercise clauses), speech, press, assembly, and petition.
22nd Amendment
Limits the president to two terms.
23rd Amendment
Gives Washington DC electoral college votes
24th Amendment
Abolishes poll taxes
2nd Amendment
Right to bear arms. Supported by National Rifle Association interest group & Republican Party.
4th Amendment
No "unreasonable" searches and seizures. Exclusionary rule (Weeks v. US, Mapp v. Ohio)
5th Amendment
(1) No Self-Incrimination (Miranda)
(2) No Double Jeopardy (defendant cannot be tried again on the same, or similar charges)
(3) No deprivation of life liberty or property without "due process of law" (fair treatment)
6th Amendment
The right to counsel in criminal trials. Gideon v. Wainwright held that states must provide indigent defendants with a free lawyer ("public defender"). Right to jury in criminal trials.
26th Amendment
States cannot deny the right to vote based on age (18+)
Keynesian Economics
a form of demand-side economics that encourages government action to increase or decrease demand and output. Government should stimulate the economy during recessions (high unemployment/falling GDP) by increasing government spending to encourage economic activity
9th Amendment
Unenumerated Rights Amendment. Citizens have unenumerated rights in addition to those stated in the Constitution.
Anti-Federalist
A group who opposed the ratification of the Constitution in 1787. They opposed a strong central government (tyranny) and supported states' rights.
Articles of Confederation
Set up the 1st independent American government (1783-88). Nonbinding "league of friendship" among sovereign states with weak central government to help with common defense.
Casework
Assistance given to individual constituents by congressional members, like helping an elderly person figure out how to get Medicare benefits. Major incumbency advantage.
Checks and Balances
A major principle of the American system of government. Helps maintain separation of powers so that no one branch gets too powerful. Explained in Federalist 51. Examples: President vetos laws; Senate confirms appointments & treaties; Congress impeaches president & judges...
Commerce Clause
Found in Art. 1, Sec. 8 of the Constitution (enumerated power). Congress has the power to regulate trade with foreign nations and among the several states. Interpreted by the Supreme Court very broadly (Gibbons v. Ogden) until U.S. v. Lopez - has expanded the power of the national government.
Devolution
The effort to reduce the size & power of the federal government by returning (devolving) power to the states. Associated with economic conservatives & President Reagan
Enumerated Powers
Power to tax, borrow & coin money, regulate foreign & interstate commerce, establish army, declare war, make all laws necessary & proper for carrying out the enumerated powers (elastic clause)
Exit Poll
A poll of voters exiting the polls (voting locations) to attempt to predict the outcome of the election.
Federalism
A system of government in which power is divided between one central government and several regional governments (dual or cooperative). Used in USA and a few other countries.
Federalist 78
Alexander Hamilton argued for judicial review by an independent judiciary as a necessary means to void all governmental actions contrary to the Constitution. He maintained that limits placed on the power of the federal legislative and executive branches in order to protect the rights of individuals & can be preserved in practice no other way than through . . . courts of justice, whose duty it must be to declare all acts contrary to . . . the Constitution void.'
Gerrymandering
The drawing of district boundaries by the state legislature to benefit a party, group, or incumbents. Major types are political & racial.
Title IX (9)
A law that bans gender discrimination in schools that receive federal funds
Logrolling
You support my bill, I'll support yours. Trading favors by legislators to help pass their bills.
Necessary and Proper Clause
Found in Art 1, Sec 8 which congress the power to do anything that helps to carry out another enumerated power. Also known as the "elastic clause." Interpreted broadly in SCOTUS case McCulloch v. Maryland.
McCulloch v. Maryland (1819)
SCOTUS establishes doctrine of implied powers (Congress can create a national bank because it is necessary & proper to carrying out the enumerated power to coin money); (2) Supremacy clause prevents state from taxing the National Bank. Very important case enlarging power of federal government.
New Jersey Plan
Proposed at Constitutional Convention for equal representation in new Congress (1 state 1 vote). Also known as "small states" plan. Opposite of the Virginia "big state" plan. Becomes basis of representation in the Senate.
Signing Statement
a written comment issued by a President at the time of signing legislation that provides president's interpretation of the bill
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).
Political Ideology
A more or less consistent set of beliefs about what policies government should pursue.
Political socialization
The process of acquiring political beliefs.
Earmarking
Practice of congressmen of securing ("appropriating") federal money ("pork") for projects that will benefit their constituents. Major incumbent advantage & source of budget increases
Redistricting
When a state legislature or independent commission draws new House district lines (if gain/loss of seats after reapportionment process based on census every ten years)
Republic
Representative democracy. Sovereignty rests with the people, as opposed to a king or monarch.
Sampling Error
The % margin of error of a survey. Randomized polls accurate to 3%.
Selective Incorporation
Judicial doctrine that applies the Bill of Rights (one right at a time) to state and local governments by incorporating them into the concept of liberty in the 14th Amendment's Due Process Clause (which is binding on the states)
Separation of powers
The principle of dividing governmental powers among different branches of government to protect against tyranny (Federalist 51).
Shays Rebellion
Failed rebellion in 1786 by poor farmers in MA against state government & banks that were taking their farms. Showed how weak the central confederation government was vs. threats to private property and order. Major factor in creation of Constitutional Convention in 1787 (Elite theory)
Stare Decisis
"The decision stands". A rule in deciding cases where judges follow precedent (how similar cases were decided in the past). 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).
Supremacy Clause
The Federal constitution, laws, and treaties are the supreme law of the land. States cannot interfere with federal power (ex. McCulloch v. Maryland).
Swing State
A state that could go either way in a presidential elections (unlike "safe states"). Target of a lot of attention in elections. Also known as "battleground states" or "purple states" (Ohio, Florida, North Carolina, Arizona, Wisconsin , etc.)
US Constitution
"The supreme law of the land." Written in 1787 at Philadelphia Convention to replace Articles of Confederation and create stronger central government. Outlines structure & power of 3 branches of national government. Oldest written constitution still in use (but amended 27 times plus myriad informal amendments).
Virginia Plan
Also known as the Big State Plan. Wanted proportional representation in Congress (based on population).
Declaration of Independence
Thomas Jefferson's statement of political liberalism (limited government to protect life liberty and pursuit of happiness; right to revolution).
Term Limits
A legal restriction that limits the number of years a person may serve in a particular elected office. President limited by 22nd Amendment to 2 terms. No term limits on congressmen.
Speaker of the House
The leader of the majority party and presiding officer of the House of Representatives. Key role in assigning bills to committee and members to committees & setting party's legislative agenda
Whips (House and Senate)
Leadership position in Congress. Connects leaders with "rank and file" members, and tries to encourage party unity & discipline
Standing Committees
Permanent committees in House and Senate that handle bills dealing with a particular subject area (Defense, Budget, Education).
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).
House Ways and Means Committee
Important House standing committee responsible for initiating all taxation bills.
Conference Committees
A joint committee appointed to resolve differences in the senate and house versions of the same bill
Filibuster
Use of unlimited time for debate in the Senate to kill bills by making (or threatening to make) long speeches. No filibuster in House (House Rules Committee places time limits on all debates). Broken by cloture motion (60 votes)
Open Rule
Rule put on bills by the House Rules Committee that permits a bill to be amended on the House floor (allows "death by amendment")
Closed Rule
Rule put on bills by the House Rules Committee that prohibits any amendments to bills on the House floor.
Treaty Power
The ability of a president to negotiate treaties with foreign nations (requires ratification by 2/3 senate vote). Overshadowed by Executive Agreements.
Appointment Power
The power of the President & Senate to select important government officers (federal judges, agency directors, etc.). President nominates candidate, which then must by confirmed by simple majority in the Senate (check on President's power). Subject to senatorial courtesy rule for local appointments (district judges)
Pardon Power
Power of the president to forgive a federal offense without penalty or grant release from a penalty already imposed.
Commander-in-Chief
Constitutional power of the president - "supreme commander" of the nation's armed forces. Important to keep military under civilian control, leads to conflict with Congress over war power (War Powers Act)
State of the Union Address
A yearly report by the president to Congress required by Constitution describing the nation's condition and recommending programs and policies (bully pulpit to set legislative agenda )
Cabinet
Group of important advisors to the President (Heads of Department agencies, VP and other VIPs chosen by president). Created by Washington, example of an informal amendment to the Constitution based on custom / tradition.
Vice President
Back-up president. Only constitutional role = President of Senate & casts tie-breaker vote in Senate. Typically selected to increase odds in election (Biden experience & foreign policy; Palin youth & Tea Party)
White House Staff
group that includes the President's most trusted personal advisors (led by White House Chief of Staff); members do not need senate confirmation
Delegate Model
members vote based on the wishes of constituents, regardless of their own opinions
Civil Service
Government bureaucracy; non-elected agents ("worker bees") that work for executive agencies to execute the law; hierarchical organization, job specialization, detailed rules & procedures, administrative discretion. Massive growth since New Deal & WWII (2.5m people = nation's largest employer)
Independent Regulatory Commissions
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.
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
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. Privatization would abolish GCs.
Line Item Veto
Allows president to veto bad parts of a bill but keep the rest. Especially useful for cutting out pork from spending bills. Declared unconstitutional (impermissibly changed the detailed law-making process established in Article I)
Honeymoon Period
The short time (days or months) following an election when a president's popularity and ability to influence Congress is at its highest.
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, Obama's televised State of the Union Address...
Executive Agreement
Non-treaty agreement between the U.S. president and other nations that does not require Senate ratification (but is not binding on future presidents). Since 1939, executive agreements have comprised more than 90% of the international agreements (because senate ratification is a real drag!)
Veto
President may return a bill to Congress without explanation. Congress can override with 2/3 vote in both houses (very hard to do)
Executive Privlege
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).
Limited Government
governmental power is restricted by law, usually in a written constitution
Bureaucratic Discretion
The ability of an agency to determine how it will execute (carry out) laws. Major source of independent power for agencies. (Ex. The FDA decides how to determine safety of food & drugs, the U.S. Attorneys decide whether or not to prosecute suspects)
Executive Orders
Regulations & directives from the President to an agency about how to execute a law. They are one of the ways presidents can try to control the bureaucracy.
Participatory Democracy
a model of democracy in which citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions
Elite Democracy
a model of democracy in which a small number of people, usually those who are wealthy or well-educated, influence political decisionmaking.
District Courts
Federal trial courts. Limited jurisdiction (primarily to hear cases involving constitution and/or federal law). Must follow Supreme Court & their Circuit Court precedents (stare decisis). Federal government represented by U.S. Attorney's Office.
Circuit Courts
Intermediate federal appellate courts. Cover 13 "circuits" across America. Hear appeals from District Courts in their jurisdiction.
Supreme Court
"Court of Last Resort". Hears appeals from lower courts (writ of cert petition / Rule of 4). Only hears "important" constitutional cases.
Original Jurisdiction
The ability of courts to hear a case for the first time (trial). Trial courts (District Courts in federal system) assess the facts in a case and the issue the first decision (guilt, innocence). Supreme Court has OJ over disputes between 2 states.
Appellate Jurisdiction
The ability of courts to hear appeals from lower trial or appellate courts. Appellate courts determine whether cases were decided correctly by the court below. Circuit courts have mandatory AJ (they have to hear appeals from District Courts). Supreme Court has discretionary AK (they can choose to hear appeals from Circuit Courts and State Supreme Courts).
Senatorial Courtesy
Senate will not confirm a presidential nomination for a position within a state (ex., District Court Judge) without the consent of the senior senator of the President's party from that state. Informal amendment to appointment process (by tradition)
Attorney General
Head of the Justice Department and the chief law enforcement officer of the United States
Solicitor General
Senior Justice Department attorney. Decides what cases the government will appeal to the Supreme Court, files amicus briefs with the Supreme Court in cases the government is interested in, and represents the United States before the Supreme Court.