Intro to American Gov Final Review

Gibbons v Ogden

Court case that first extended the power of the commerce clause. The case came up because Ogden was granted a monopoly to operate boats on New York waters, and Gibbons also operated on the waters because they ran through multiple states. Gibbons was kicked off the waters and lost the case in New York courts twice, but appealed in the Supreme Court which ruled that the Commerce Clause grants congress the sole control over interstate commerce. Living Documentalists agree with this decision because the commerce clause was broadly defined, while Original Intenters say this isn’t what was meant when the clause was written.

Wickard v Filburn

Court case that further extended the broadness of the commerce clause. The case came up after the Federal Government put a limit on wheat production to increase the price during the depression. Filburn was a farmer who exceeded the limit, but never sold the wheat. The Supreme Court found that not engaging in trade could hurt other states, so Filburn’s production could be regulated under the commerce clause. Living Documentalists agreed with this decision because it falls under the interpretation of commerce, and they made a free rider argument, while Original Intenters said this was wrongly decided and gives Congress the power to regulate anything.

US v Lopez

Court case that pushed back at the enlarging broadness of the commerce clause. The case came up after congress passed the Gun Free School Zones Act, which made it illegal to carry a gun within a reasonable distance of a school. Lopez, a 12th grade student, brought a handgun to school, and was charged under federal law. The Supreme Court went on to rule that the GFSZA was unconstitutional because congress had exceeded its authority based on the commerce clause. Living Documentalists agreed with the decision because the link between the act and the commerce clause was weak, and Original Intenters agreed that the decision was right, but said there was no link at all, and wanted Wickard v Filburn overturned.

CA Medical Marijuana Law

Court case that continued the broad interpretation of commerce. The case came up after California legalized medical marijuana, while it was still illegal on the national level. A woman was growing marijuana for her own use, and was arrested under federal law. The Supreme Court ruled against her and California law, using the commerce clause as justification because marijuana is a good that can be bought and sold. This also reaffirms Wickard v Filburn, because it is another instance of something that isn’t even being bought or sold being considered commerce. Living Documentalists agree with this decision because it falls under an interpretation of commerce, and Original Intenters disagree because they think that this decision should be left to the state.

McCulloch v Maryland

Court case that first extended the power of the elastic clause. The case came up after James Madison chartered the second national bank, but not all states liked it due to competition with state banks, corruption, and the idea that the federal government was becoming too powerful. The state of Maryland tried to drive the Baltimore branch out of business with a tax, but the branch manager refused to pay the tax. The state sued stating the federal government didn’t have the authority to create a national bank, and the Supreme Court ruled that congress has implied powers based on the elastic clause that allow for “necessary and proper” laws. Then, based on the supremacy clause, Maryland also could not tax the branch due to it interfering with the federal government.

Marbury v Madison

Court case that first established judicial review over federal laws. The case came up after Thomas Jefferson withheld commissions to the Supreme Court after he took office. Marbury sued for his job, as he was one of those commissioned, and the Supreme Court dismissed the case. This happened because the court didn’t want Jefferson to just ignore their decision, and they also didn’t want to take his side as to look weak. Instead they explained that they did not have the jurisdiction to issue the mandate for Marbury’s job, and in doing so, formally put the supreme court’s judicial review over congress in writing. This put the Judicial Branch on equal footing with the legislative and executive branches.

Citizens United v FEC

Court case that affected what interest groups could do leading up to elections. This case came up in the lead up to the 2008 primary when Citizens United wanted to put out a documentary about Hillary Clinton that would undermine her campaign. At the time, there was a law (BCRA) prohibiting the release of electioneering communications within 30 days of an election. Citizens United argued this went against their first amendment right to free speech, and the Supreme Court ruled this was correct, but there is now a requirement that it is disclosed who is releasing adverts.

Commerce Clause

Federal government is able to regulate commerce between states. Allowed the national government to increase its power due to broad interpretation of the term “commerce”

Elastic Clause

“Necessary and Proper” clause, a clause in the constitution giving Congress the power to pass any laws deemed “necessary and proper,” which increases congress’ power because it can be interpreted broadly

Supremacy Clause

Clause in the constitution which establishes that federal law takes precedence over state law, including state constitutions, and gives the supreme court judicial review

Take Care Clause

Clause in the constitution that says the president must “take care that the laws be faithfully executed,” and the word "faithfully" can be understood very broadly. This leads to lots of executive orders with the purpose of undermining laws they don’t agree with

Collective Action

The efforts of a group to reach and implement agreements. Hard to do because groups have the same interests(goals) but different preferences(values)

Coordination

Having all individuals in a group work together to achieve collective action. This is the point of primary elections, because people in the same party either support the candidate who most aligns with their beliefs or who is most likely to win general election

Prisoner’s Dilemma

Process of deciding whether to act in the best interest of the common good or yourself. This undermines collective undertakings if people choose their own interests over that of the group

Free Rider

A form of the prisoner’s dilemma where someone reaps the collective benefit without contributing to it. The problem with this is that if everyone did this, the collective effort would fail. e.g. Worker strikes

Tragedy of the Commons

A form of the prisoner’s dilemma where someone consumes a public good without cost. The problem with this is if everyone did this, it would lead to the depletion of the public good. e.g. Water use during a drought

Transaction Costs

A type of collective action cost: the time, effort, and resources required to make a collection decision. This balances with conformity costs through command, veto, agenda control, voting rules, and delegation

Conformity Costs

A type of collective action cost, the cost of doing something you don’t want to do. This balances with transaction costs through command, veto, agenda control, voting rules, and delegation

Command

Authority of an individual to have control over those within their authority, there is very little command built into the US government by design. Command leads to low transaction costs and high conformity costs

Veto

The right for an official or institution to say no to another official or institution, there are a lot of vetos built into the US government. Veto leads to high transaction costs and low conformity costs

Agenda Control

The right of an acting leader to establish choices for others, through nominations and party leaders in the US government. Agenda control leads to low transaction costs and low conformity costs

Delegation

When individuals or groups authorize someone else to make a decision on their behalf, the US government is a representative government. Delegation leads to low transaction costs and may lead to an increase in conformity costs

Federalists

Supported the new constitution, wanted a strong national government, protected private property, and feared commoners. Led by James Madison, Alexander Hamilton, John Jay, they were made up of wealthy elites with high education

Anti-Federalists

Opposed to a new constitution, thought the central government was too powerful, wanted a weak national government, in favor of state’s rights. Led by Samuel Adams, Thomas Jefferson, John Hancock, and Patrick Henry, they were wealthy farmers supported by small, rural farmers

Federalist Papers

A series of essays supporting the ratification of the constitution. Argued for protection against tyranny of government and tyranny of majority

Anti-Federalist Papers

A series of essays promoting anti-federalist ideology. They argued that the new government would only protect the wealthy and that there needed to be a bill of rights

Federalism

Divides government into distinct levels of government. Mix of confederation and unitary government

Confederation

State governments rule

Unitary Government

National government rules

Tenth Amendment

Powers not listed in the constitution are reserved for the states. This was added in the bill of rights by the anti-federalists in order to protect states’ rights

Living Document

A way of interpreting the constitution that says you can’t know what the founders originally wanted, so the constitution must evolve to meet contemporary problems

Original Intent

A way of interpreting the constitution that says we should follow what the words of the constitution originally conveyed at the time of ratification

Obamacare

Government bill mandating that everyone has health insurance, if you don’t have health insurance then you get taxed. Living Documentalists agree because congress can force transactions under the commerce clause, an example is car insurance, whereas Original Intenters disagreed and said the commerce clause doesn’t apply, and because living is a right, whereas having a car is a privilege

Dual Federalism

1790-1930, Separate national and state governments with clearly defined powers where the national government stuck to enumerated powers, and states dictated policy, which led to vastly differing policy between states

Cooperative Federalism

1930-1960, National and state governments shared authority. The national government became more influential as states gave up some autonomy in return for federal aid

Creative Federalism

1960-1980, National government got much more powerful due to states needing money. In return for financial aid, states were forced to comply with federal stipulations even if they didn’t want to

New Federalism

1980-present, Pushback on creative federalism and federal government’s power. National mandates became challenged by states, and there became less government oversight on states

House of Representatives

Half of Congress, goal is to represent the people. States are given representatives based on their size, and those elected serve two years per term. This causes them to be more aware of what their voters want

Senate

Half of Congress, goal is to create balance and stability. Each state is given 2 representatives, and those elected serve 6 years. This causes them to not care as much about what their votes want

17th Amendment

Changed Senators to be chosen by electorate rather than chosen by state legislator

Bill

Proposal for a law, hard to pass due to the process. To get a bill to the President, it can either be written in the house then passed to the senate to vote on, or written in the senate and passed in the house. This causes the two branches of congress to have to work together

Enumerated Powers

List of powers that congress has, they are mostly listed in Article I, Section 8 of the constitution. Some of these powers include the ability to tax, mint and borrow money, regulate commerce, raise a national army, spend money for defense and welfare, and create laws that are necessary and proper

Plurality Voting

A form of vote where candidates only need the most votes to win, not a majority. These are easy to run and give each candidate a more equal chance to win

Gerrymandering

When the shape of districts are manipulated in order to benefit one particular party. This leads to really weird shaped districts that either split up voices, or pack them into one region

Individually Responsive

House Representatives and Senators represent their constituents by letting the constituents guide their key choices. This is more preeminent in the House due to the shorter term lengths. This leads to harder compromise, logrolling, and pork-barreling

Collectively Responsive

House Representatives and Senators represent their constituents by letting their party set the agenda and then following it. This also lets national policy take precedence over local

Logroll

A trading of favors in the legislative sense, as in “if you vote for my bill, I’ll vote for yours

Pork barrel

Earmarks, or items that individual members tack onto spending bills that only affect their own district in order to help them get re-elected

Incumbent Advantage

The incumbent is more likely to win reelection due to support from the national party, name recognition, and more money

Descriptive Representation

Whether or not the socio-demographic composition of congress matches that of the people they are representing. Socio-demographics are race, ethnicity, religion, age, and economic status

Strengthening of the Presidency

Executive branch plays second fiddle to congress until FDR. Power grab led to an expanded role in the economy, and WWII led to expanded global role with the president as the face of the US

Professional Reputation

A bargaining chip for the president, it is how others in the government perceive him. Using this, the president can convince people he will win and it will be costly to go against him

Public Prestige

A bargaining chip for the president, his popular support outside of washington. If the president has positive public opinion, he can use this support to establish mandates for policies

Executive Bargaining

President tries to convince the bureaucracy to do what he wants. He has to bargain with them because they have autonomy, they are experts in the field, and they are loyal to their field rather than to the president

Going Public

President makes direct appeal to the public, in order to force congress into passing legislation. This is a risky move because it undermines congress, lacks substance, and if it fails there is no alternative

Divided Government

When the president is from one party, and congress is from another. This makes it much harder to pass legislation

Midterm Swing

When control of the House, Senate, or both switch parties at the midterm election

Polarized Government

When representatives from opposing sides have moved to ideological extremes, making it much harder to compromise

Executive Order

A directive from the president to an executive agency detailing a new policy or a new way of enforcing an existing policy. Presidents can get creative with these in order to affect departments outside of the executive branch

Judicial Review

The ability to determine whether laws abide by the constitution, established in Marbury v Madison

Interest Group

A group of citizens who appeal to the government over policies they want. These groups appeal through lobbying, much of the time by a hired lobbyist. Two main jobs of interest groups are to inform and persuade

Insider Tactics

Lobbyists work with politicians in order to get policies passed. This is done through meetings, relationships, negotiating, and everyone involved get something from this

Outsider Tactics

Lobbyists work against politicians in order to get policies passed. This is done through protests, media attention, grassroots campaigns, and these are trying to force public officials to respond

Political Action Committee (PAC)

Organizations created by businesses, unions, and interest groups in order to fund political campaigns, but not directly to candidates. Through these, interest groups can influence the outcome of elections through unlimited donations

Civil Rights

Protections by the government, or secured by the government on behalf of the citizens

Civil Liberties

Protections *from* the government, freedoms the government cannot take away

Minority Groups

Groups the government should ensure the rights of: Racial/Ethnic, Sexual Orientation, Religious, etc.

Vulnerable Groups

Groups the government should ensure the rights of: Children, Mentally Disabled, Undocumented, etc.

Groups that Historically Lack Power

Groups the government should ensure the rights of: Women, Poor, etc.

Dred Scott v. Sandford

Court case in 1857 that occurred after Dred Scott sued in court that he should be free since he was living in a free state. He lost the case in a 7-2 decision. It said that Framers never intended for African Americans to be citizens; they do not have the same rights as Whites – they cannot sue in a court of law and the Federal government has no authority to interfere with Property Rights because slaves are property. This case was part of the roots leading up to the Civil War, and the outcome of this decision was that it unified the North, allowed the Republican Party (Lincoln) to take Congress and Presidency, and then the South preemptively seceded

13th Amendment

Part of the Reconstruction Era, Formal Emancipation (1865)

14th Amendment

Part of the Reconstruction Era, Granted African Americans Citizenship (1868)

15th Amendment

Part of the Reconstruction Era, Guaranteed black men the right to vote (1870)

Jim Crow Laws

Southern policies that would exclude or prevent Black Americans from full access to their civil rights

Institutionalized Segregation

Separation of Black and White citizens at every level of public life

Brown v Board of Education

Court case in 1954 after Oliver Brown sued the Board of Education in Topeka for not allowing his daughter to attend the all-white school school in town. He was represented by Thurgood Marshall in court, and the Supreme Court unanimously ruled: “Education is the foundation of good citizenship and thus constitutes a right which must be made available to all on equal grounds…separate education facilities are inherently unequal.”

Civil Rights Act of 1957

Established a Civil Rights Division in the US Justice Department and allowed Black Americans to sue if their right to vote was denied

1960s Civil Rights Movement

Resistance against re-institutionalization of oppression through sit ins, peaceful marches

24th Amendment to the Constitution

Outlawed poll tax in Federal office elections

Civil Rights Act of 1964

Gives the US attorney general power to guarantee voting rights for all and equal access to public accommodations

Voting Rights Act of 1965

Abolished remaining barriers to black voting registration (i.e. literacy tests)

Pre-Clearance Requirements

States with a history of voter discrimination need DOJ approval for any new voting law/requirement in order to prevent more discrimination

Shelby v Holder

Court case in 2013 that removed pre-clearance requirements

Merrill v Milligan

Court case in 2022 that hasn’t been decided yet but arguing over whether race neutrality must be required when drawing districts for voting and that racist intent, rather than result must present

Affirmative Action

Policy that requires employers and government agencies that practiced discrimination to grant special consideration in their selection for employment. This is controversial because some claim that race and not merit becomes the deciding factor for choices

National Housing Act of 1934

Established the Federal Housing Agency, which helped provide low interest housing lans to typically unqualified people e.g. low income, veterans, etc.

Redlining

literally drawing red lines around black neighborhoods on maps as an indication that loans would not be given there

Racial Covenants

language written into deeds that forbid the selling or reselling of homes to to BIPOC

White Flight

large scale migration of white families to the suburbs from areas that were becoming more racially diverse, home values grew in white neighborhoods

Fair Housing Act of 1968

Made redlining and other discriminatory practices illegal

Desegregation

The integration of public schools beginning after Brown v BOE

Bussing

The transportation of students to school in an attempt to reduce racial segregation

De Jure Segregation

Segregation by law ended

De Facto Segregation

Segregation that exists in practice even though there is not law

Myth of Black Criminalization

the racist belief that Black Americans are more prone to criminal/deviant/violent behavior than their white counterparts

Public Opinion

the collective opinion of many people on a particular issue or problem

Open-ended question

when a poll question allows the respondent to give any answer they want as opposed to offering them options

Leichhardt Scale Question

A poll question that gives the respondent a hierarchal scale of options

Random Sample

a subset of a population in which each member has an equal chance of being chosen

Representative Sample

Whether or not the sample mirrors the composition of the mass public on both observable and unobservable characteristics