Political Science 104 Midterm 1 UW Madison

factions

term used by Madison to denote what we now call interest groups

majority tyranny

when one faction dominates the government resulting in tyranny

Federalists

supporters of the Constitution who supported a stronger national government, national bank and currency, stronger regulation

Anti-Federalists

didn't support the Constitution, states' rights advocators, weaker nat'l gov, wanted less regulation

separation of powers

the distribution of powers among the executive, legislative, and judicial branches

checks and balances

the checks the other branches have on each other to ensure there is no one branch dominating the other. (Veto, judicial review, impeachment)

the Constitution as a living document

the Constitution can be amended, it is ambiguous. (Commerce clause, necessary and proper clause, different interpretations)

the Articles of Confederation

the first constitution in the US, very much favored states' rights. Each state had equal representation. Ultimately failed

prerogative powers

allows for the president to step in to serve the public good when in times of need/crisis or when he needs to

implied powers

powers that are inferred from the original meaning of the Constitution

shared powers

powers that are held by both state and federal government (power to tax, create courts), or powers shared among the government (i.e war powers)

enumerated powers

powers that are specifically listed in the Constitution for each branch of gov.

Example would be that the President is the Commander-in-chief

Amending the Constitution

Needs approval of two-thirds of Congress and three-fourths of the states

"necessary and proper" clause

the clause that gives Congress the power to make any law that they deem as "necessary and proper"

the Great Compromise

compromise during the constitutional convention that granted equal representation to each state in the Senate and population based representation in the House

the "size principle"

America will become so large and diverse that factions will no longer be dominant

Liberal Tradition

the free market belief system in which the role of voluntary exchange and markets is emphasized as both efficient and morally desirable

economic interpretation of the constitution

the framers had economic interests in play while writing the constitution, so this influenced what they decided. Excluded a large group of people and their interests

national supremacy

the Constitution is the supreme law of the land and the federal government has the final say in all matters

unfunded mandates

Programs that the Federal government requires States to implement without Federal funding. Unfunded Mandates Reform Act (1995) limited these and set a limit on how expensive these projects can be

the switch in time that saved nine

it saved nine justices and prevented the addition of 6 new justices to the court during FDR's New Deal

the commerce clause

The clause in the Constitution that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations. Brings up interesting debates, court cases, and arguments about how far this clause can stretch

new federalism

system in which the national government restores greater authority back to the states

coercive federalism

government will force its policies/programs on other states by withholding federal funding (drinking age)

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly.

Competitive Federalism

A form of federalism in which states compete to attract businesses and jobs through the policies they adopt.

picket fence federalism

A more refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across the levels of government.

general revenue sharing

federal aid to the states without any conditions on how the money is to be spent

block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

categorical grants

Federal grants for specific purposes, such as building an airport

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

federal system of government

a system in which power is shared among state and national authorities

Unitary Federalism

A centralized system of government in which all power is vested in a central government

confederate federalism

States are more autonomous, weaker central government. More power to the states

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government

doctrine of interposition

The idea that if the national government passes an unconstitutional law, the people of the states (through their state legislatures) can declare the law void. This idea provided the basis for southern secession and the Civil War.

nullification

A state's refusal to recognize an act of Congress that it considers unconstitutional

the "race to the bottom"

a dynamic in which states compete to attract business by lowering taxes and regulations, often to workers' detriment. Also unfair to states with larger poor populations that need taxes for welfare

state sovereignty

the concept that states have the right to govern themselves independent of the federal government

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.

11th Amendment

One State cannot be sued by another state

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Devolution

the transfer of powers and responsibilities from the federal government to the states

the double security

Madison's belief, expressed in Federalist No. 51, that federalism and the separation of powers would protect citizens from governmental abuses of power by dividing power both within the branches of the national government and between the national government and the state governments.

the whip system

An organization of House leaders who work to disseminate information and promote party unity in voting on legislation.

Casework

the work that a lawmaker does to help constituents with a problem

pork barrel politics

the use of government funds for projects designed to please voters or legislators and win votes

logrolling

An agreement by two or more lawmakers to support each other's bills

impeachment

An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing "Treason, Bribery, or other high Crimes and Misdemeanors."

trustee

A legislator who acts according to her or his conscience and the broad interests of the nation

delegate

they do what the constituents want

politico

a combination between doing what's best for the country and doing what their constituents want

the norms of reciprocity

encourages wasteful spending

seniority

years of service, which is used as a consideration for assigning committee members. Undermined in recent years

apprenticeship

not clear how strong this ever was

Specialization

encourages expertise

Congressional Committees

a legislative sub-organization in the United States Congress that handles a specific duty

Fillibuster

the use of long speeches to prevent the vote on a bill in the Senate

oversight

Congressional review of the activities of an executive agency, department, or office.

party unity

The extent to which members of Congress in the same party vote together on party votes.

Party Leadership in Congress

strong force in legislative process, party leaders help/hinder efforts of rank & file legislative to get on right committees, get bills and amendments considered and get on leadership. act as agents for their party

responsiveness vs responsibility

responsive lawmaking is when you listen to your constituents. Responsible is when you want to do what is right for your country

descriptive representation

the idea that an elected body should mirror demographically the population it represents

credit claiming

The efforts by members of Congress to get their constituents to believe they are responsible for positive government actions.

conference committee

special joint committee created to reconcile differences in bills passed by the House and Senate

polarization of parties

Parties are more polarized in Congress now than in any time since the late 19th century. Erodes the legitimacy of Congress, distrust in Congress

home style

how you appear to your constituents in an attempt to be reelected. Want to be seen as one of the people in your district

geographic

supporting policies/joining committees that will benefit the district the congressperson represents

political/reelection

the group of people who voted for the Congress person last time

primary constituency

A member of Congress's strongest, mostly partisan supporters.

personal constituency

A small number of intimate friends, advisors, and confidants who support a member of Congress.

Reforming Congress

Making Congress more responsive to constituents: 1) Create term limits

2) Weaken party leadership so that representatives do what constituents want, instead of what the party wants. 3) Increase personal staff because they help the reps help their constituents.

Balancing Test

The view of the majority of the Supreme Court that First Amendment rights must be weighed against the competing needs of the community to preserve order.

bad tendency test

permits the restriction of freedom of speech if the sole purpose is to incite or cause illegal activity

direct incitement test

Test articulated by the Supreme Court that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.

good faith exception

An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the time to believe that the warrant was proper.

Miranda Rights

A list of rights that police in the United States must read to suspects in custody before questioning them, pursuant to the Supreme Court decision in Miranda v. Arizona.

double jeopardy

can't be tried twice for the same crime twice

Establishment and Free Exercise Clause

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof

prior restraint

government censorship of information before it is published or broadcast

exclusionary rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct. There are quite a few exceptions ("in plain view", search garbage, search cordless phone)

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

The right to a trial by Jury, can't be a witness against yourself, double jeopardy

6th Amendment

1The right to a Speedy Trial by jury, representation by an attorney for an accused person

8th Amendment

No cruel and unusual punishment

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

right to privacy

The right to a private personal life free from the intrusion of government.

hate speech

any communication that belittles a person or group on the basis of characteristics

marketplace of ideas

the public forum in which beliefs and ideas are exchanged and compete

the takings clause

Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property.

racial bias in death penalty

lots of the inmates on death row aren't white, should be investigation into it.

Civil Liberties vs. Civil Rights

Civil Liberties are about freedoms we possess, mostly outlined in the bill of rights. Civil Rights involves equal treatment/protection under the law

the Lemon test

The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.

selective incorporation

states cannot enact laws that violate the Bill of Rights

Patriot Act

This law passed after 9/11 expanded the tools used to fight terrorism and improved communication between law enforcement and intelligence agencies

Intermediate Scrutiny

a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional

Strict Scrutiny

A Supreme Court test to see if a law denies equal protection to suspect classes. So it is basically discrimination on race, religion, etc.