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determind that Bill of Rights applied to the Fed govt and did not bind state govts, confirmed dual citizenship (citizens of both fed govt and state they reside in)
Barron v Baltimore, 1833
practiced in US, system of govt that divides govt responsibilities between state and fed govts
federalism
implies that the powers of the central and state govts are separate but overlapping
layer-cake federalism
idea that national and state govts are sovereign in their own distinct spheres, clear distinctions between govts
dual federalism
also known as marble-cake federalism, emphasizes responsibilities of state govts and the fed govt overlap, shared responsibilities
cooperative federalism
Article 1, Sec 2, fed courts use to enhance power of national govt, Congress has power to regulate commerce that takes place between States
commerce clause
14th Amendment, strike down segregationist laws
equal protection clause
segregation as a matter of law
de jure segregation
segregation resulting from the fact that people of different colors lived in different areas and therefore went to different schools
de facto segregation
grants to fund specific projects
categorical grants
federal grants with fewer strings attached, states prefer these to categorical grants
block grants
fed govt instructs a state to meet certain requirements without providing funding, for example the Real ID Act of 2005
unfunded mandate
shifting of power
devolution
Constitution, federal court system
Article III
presidential appointee within the Justice Dept who argues on the government's behalf
solicitor general
first step in a case being heard by the Supreme Court, calls for lower court to send records related to the case
writ of certiorari
the case is sent back to a lower court for retrial
remanded
an unsigned opinion
opinion per curiam
justices agree with their decision but for reasons different from those stated in the majority opinion
concurring opinion
Supreme Court decisions, public record
United States Report
under the Supreme Court, have general jurisdiction (over varied topics), trial courts related to federal govt or law, each state has at least 1
US district courts
appellate court, appeal made after US district court decision
US court of appeals
submitted by interest groups, "friend of the court" briefs persuade the court that it should decide a case a certain way
amicus curiae briefs
a court that grants the federal govt the power to place surveillance on suspected spies, initiated by FISA Act (Foreign Intelligence Surveillance Act of 1978)
FISA court
a senator's veto of a judicial nomination
senatorial courtesy
Supreme Court's main judicial officer, manages the Court itself, presides over the federal court system and the Judicial Conference of the US, setting the court system's priorities
chief justice
the power to determine what is and what isn't constitutional, established in Marbury v Madison, 1803
judicial review
judges acting as legislators and making policy as they see fit
judicial activism
federal judges decide narrow constitutional matters and don't usurp the power of the other branches of govt
judicial restraint
interpret the Constitution in light of its underpinning principles and in light of evolving moral and cultural standards, , "living Constitution", liberal
broad construction approach
wish to be faithful to the letter of the words of the Constitution
strict construction approach
govt right to acquire private property in the public interest
eminent domain
freedoms granted to us by the Constitution
civil liberties
privileges and powers granted to the people as equals under the law
civil rights
in Bill of Rights, 1st Amendment, Congress may not establish (found) an official religion
establishment clause
in Bill of Rights, 1st Amendment, individuals have freedom to engage in religious practices
free-exercise clause
provided courts/interest groups with a "Lemon Test" to determine whether their activity was constitutional, remained in place until 1997
Lemon v Kurtzman 1971
court decided that 1st Amendment of Constitution requires only govt neutrality toward religion, allowed public school teachers to teach remedial, nonreligious classes at religious schools at taxpayer expense
Agostini v Felton
court allowed parents to use publicly funded school vouchers to pay tuition at religious schools
Zelman v Simmons- Harris, 2002
Court held that a Christmas manger display, along with a depiction of Santa, on public property was constitutional
Lynch v Donnelly, 1984
Court prohibited Bible reading and prayer in public schools
Engel v Vitale
Court ruled that a state could not decline to give unemployment benefits on account of a Seventh-Day Adventist's refusal to work on a Saturday
Sherbert v Verner, 1963
"Clear and present danger" test, free speech
Schenck v US, 1919
Mapp v Ohio, evidence obtained illegally cannot be used against a defendant (4th Amendment)
exclusionary rule
if a warrant to gather evidence was based on faulty evidence but given in good faith, the evidence could still be used in trial
good faith exception principle
handing over to private enterprise work that was formerly done by government employees
privatization
if government regulates less and allows private enterprise greater freedom, government growth will slow, because there is less regulation to enforce
deregulation
turning over of functions carried out by federal government to the states
devolution
the party that generally favors privatization, deregulation and devolution more
Republicans
1. specialization
2. chain of command
3. rules and guidelines
4. written records
5. professionalism
5 characteristics of Bureaucracy
system where political victory went with benefits like the ability to give supporters jobs
spoils system
another term for the spoils system
patronage
first law to make some government jobs off-limits to patronage
Pendleton Act of 1883
the primary purpose of agencies within the federal bereaucracy
implement laws passed by Congress
write and enforce rules that regulate some element of industry (ICC)
independent regulatory commissions
government organization that sells services and thus generates its own revenue (USPS, US Mint)
government corporation
not part of an executive department but still under congressional and presidential oversight
independent agency
written rules of each bureaucracy (over 90,000 pages)
Federal Register
bureaucratic bodies resemble courts when they settle through a judicial process (when rules are broken)
rule adjudication
1. implement laws passed by Congress
2. regulation
3. rule-making
4. income redistribution
tasks of federal bureaucracies
lobbyists are former employees with the government agency they are lobbying
"revolving door"
federal organizations, congressional committees, and interest groups work together to benefit each other, public may not benefit though
iron triangles
groups with particular interest in a particular issue band together to advocate that issue
issue networks
agencies protecting the interests of their own agencies and careers, competing for "turf"
bureaucratic imperialism
media
"Fourth branch of government"
broadcast media, radio, television, Internet
mass media
newspaper, magazines
print media
1. hold politicians accountable
2. inform people about what the govt is up to
3. identify problems and present potential agenda items to the country
4. to make money (for-profit agencies)
purpose of news media:
the idea that TV makes one feel informed, when in fact, that's not actually happening
television hypothesis
depends on whether the public's attention is grabbed
newsworthiness
fixation on who's winning, who's losing, and the gamesmanship of campaigning
horse race journalism
snappy phrases
sound bites
easily digestible policy statements
talking points
professional commentators, talking heads
pundit class
people who pay close attention to political matters
attentive policy elites
editors and producers
media gatekeepers
Used by presidents when Congress is not in session to appoint ambassadors, judges of Supreme Court, or other "officers of the US" like cabinet members, when Congress reconvenes the appointee has to undergo formal confirmation process
recess appointment
presidential orders which have the force of law to create and shape policies without congressional approval
executive order
presidential statement made when a president signs a piece of legislation into law, giving the president a chance to state how he intends to enforce the law
signing statement
presidential arrangements with other nations, can be revoked by Congress but does not require congressional approval to make
executive agreement
broad authority given by Congress that enhances the president's power
delegation of powers
another form of delegation of powers from Congress, used with trade agreements with other nations that Congress can either approve/disapprove but not amend
fast-track authority
2/3 votes in the House and the Senate
requirements for overturning presidential veto
1. Vice president
2. speaker of the House of Reps
3. President pro tempore of Senate
4. Secretary of State
5. Secretary of Treasury
6. Attorney General
7. Secretary of the Interior...Agriculture...Commerce
Presidential Succession Act 1947
Number of people in President's cabinet
20
a situation in which people close to the president come to the same conclusion but without thorough analysis
groupthink
one party in the White House and the other party in charge of at least one of the congressional bodies
divided government
divided government that can't get any work done
gridlock
politicians of different parties working together
bipartisanship
leader of nation
head of state
leader of political party and main fundraiser
commander in chief
lobbyist in chief
primary diplomat of the nation
president
Portion of the Constitution that states the president's powers
Article II
1804, provided official procedure by which president and vice president are elected
12th Amendment
1933, guidelines for duration of terms of federal offices and line of succession should the President die
20th Amendment
1947, imposed a term limit of 2 terms of 4 years each for a total of 8 years, on the presidency
22nd Amendment
When president is unfit for duty, the VP can assume the role of acting president if a majority of the cabinet agrees to it and the president pro tempore of the Senate and Speaker of the House agree
25th Amendment
the most basic kind of congressional committee, permanent status, both chambers have about 20
standing committee
ad hoc committee, congressional committee organized to deal with a temporary matter, disbanded once its purpose has been served,
select committee
committee concerned with spending of federal dollars
appropriations committee
committee comprising members of both houses and are primarily responsible for fact finding and for raising awareness of particular problems and issues
joint committee
like select committees, are temporary and are put together to work out differences between Senate and House versions of a bill
conference committee