CLEP Heimler Review

natural rights

rights people possess by natural law apart from a government: not given by a monarch so cannot be taken by a monarch: these include life, liberty, and property.

state of nature

a theoretical condition where individuals live without government or laws, where natural rights are fully realized and protected.

popular sovereignty

the principle that government derives its authority from the consent of the governed: the power to govern is in the hands of the people.

social contract

in order to protect their natural rights, people willingly give some of that power away to a government.

republicanism

people elect leaders to represent them and crate laws in the public interest: split between three branches.

limited government

the concept that governmental power is restricted by law, often outlined in a constitution, to protect individual liberties.

declaration of independence

adopted by the Second Continental Congress in 1776, proclaiming the thirteen American colonies' separation from British rule and articulating their rights to life, liberty, and the pursuit of happiness: natural rights and popular sovereignty were foundational concepts.

participatory democracy

emphasizes broad participation in the political process by most, if not all members of a society.

pluralist democracy

groups of people associate with interest groups who then compete to influence policy: people have a voice through groups.

elite democracy

emphasizes more limited participation in policymaking on the assumption that government is complicated and therefore the most educate people need to run it.

US constitution

• elite democracy: elected representatives legislate on behalf of the people.

• pluralist democracy: first amendment’s freedom of assembly, allows political parties and interest groups to flourish.

• participatory democracy: first amendment’s freedom of speech and press, allows people to express political opinions, amendments that expanded voting rights (15, 19, 23, 26)

brutus 1

championed a broad participatory model, feared the curtailment of personal liberties reflected in larger republic like the United States: decentralized governance for individua liberties otherwise leads to dominance of the elite: a large government is too far from the people.

federalist 10

argued that with so many competing factions in large republic, liberty would be upheld by their competition (pluralist democracy).

federalist 10

manage the effects of factions potential to lead to tyranny of majority: a large republic would dilute their influence and protect individual rights: additionally separation of powers and state/federal government powers.

articles of confederation weaknesses

• only avoided the tyranny of the centralized states

• only one branch of the federal government (congress)

• congress had no power to raise revenue through taxes

• congress had no power to raise an army

virginia plan

• congressional representatives should be apportioned by population.

• big states would have more representatives and power.

new jersey plan

• each state should be represented equally with one vote per state.

• small states have a disproportionate amount of power.

great compromise

an agreement that established a bicameral legislature, balancing the Virginia and New Jersey Plans. - it created the House of Representatives and the Senate, ensuring both population-based and equal state representation.

electoral college

• each state is given the number of electors that corresponds to the number of congressional representatives they have in the House

• state legislatures have all the power to decide who those people are.

article 5

• two stage process to amend the constitution (porposal and ratification)

• proposed either by Congress or by states at a special convention

• two-thirds vote in Congress is needed to become official

• amendment is sent to the states for ratification

• three-quarters of state legislatures or state ratifying conventions need to agree

advice and consent

a constitutional power of the Senate to approve or reject treaties and presidential appointments: ensures a system of checks and balances between the legislative and executive branches.

judicial review

the power of the courts to evaluate the constitutionality of legislative and executive actions, ensuring that laws comply with the Constitution.

federalism

the sharing of power between national and state governments.

exclusive powers

powers specifically delegated by the constitution to the federal government: ex only congress can make treaties with other sovereign nations, states cannot.

reserve powers

powers not specifically delegated to the federal government by the Constitution, are reserved for the states, such as regulating education, police, hospital and conducting elections.

concurrent powers

powers shared by both federal and state governments, such as the power to tax.

fiscal federalism

financial relationship between federal and state governments where funds are allocated for specific purposes, often through grants: used as incentives to influence state policies.

USA patriot act (2001)

law enacted in response to the September 11 attacks that expands law enforcement's surveillance and investigative powers to prevent terrorism and enhances security measures.

no child left behind act (2002)

federal legislation aimed at improving educational outcomes for all students by increasing accountability for schools and teachers through standardized testing and funding incentives: fed withheld funds from schools that failed to meet performance targets.

congress enumerated powers (legislative)

explicitly listed in Article 1 Section 8 of the Constitution

• federal funding: raise revenue through taxes, coin money for a uniform currency, pass a federal budget.

• foreign policy: powers to declare war, raise armies, pass draft laws, direct funding to armed forces.

congress implied powers (legislative)

powers not explicitly listed in the Constitution but necessary to implement the enumerated powers: include the ability to create laws that are considered necessary and proper for carrying out government functions.

elastic clause (necessary and proper clause)

congress can pass any law that is required by the enumerated powers: justification of implied powers from end of Article 1 Section 8.

standing committees

committees that stand for a long time: permanent committees: where new legislation begins: example include: House Judiciary Committee, Senate Appropriations Committee.

joint committees

members from both the House and the Senate, examples include: the Joint Committee on Taxation and the Joint Committee on the Library.

select committees

temporary and created for a specific purpose: conduct investigations and report findings, disbanding after their task is complete.

conference committees

formed to reconcile differences in legislation between the House and Senate: consist of members from both chambers, working together to create a final version of a bill that can be accepted by both.

house rules committee

committee in the House of Representatives responsible for establishing rules for how bills are debated and amended on the House floor.

committee of the whole

legislative body that includes all members of the House, used to debate and amend bills more efficiently, allowing for a more informal discussion.

discharge petition

a procedural device used in the House of Representatives to bring a bill out of committee and onto the floor for a vote, requiring the signatures of a majority of members.

uniamous consent

a procedure used in the Senate to expedite proceedings, allowing for approval of agreements or actions without opposition, unless a senator objects.

mandatory spending

government expenditures required by law, including programs like Social Security and Medicare, and interest payments on debt that do not undergo annual appropriations.

discretionary spending

government spending that is not mandated by law and is subject to annual appropriation decisions by Congress, including funding for education, defense, transportation, sand paying federal employees: what is left after mandatory spending.

deficit

the amount by which government expenditures exceed its revenues in a given period, leading to an increase in national debt.

presidential formal powers

powers explicitly granted to the president by the Constitution, such as vetoing legislation, issuing executive orders, and conducting foreign affairs.

presidential informal powers

powers not explicitly mentioned in the Constitution, including the ability to persuade, negotiate, and utilize the media to influence public opinion and policy, also the pocket veto, and executive order.

commander-in-chief

the president's role as the highest-ranking officer in the military, responsible for directing military operations and making key defense decisions: as outlined in Article 2.

federalist 70

written by Alexander Hamilton advocating for a strong executive leader, emphasizing the need for energy, decisiveness, and accountability in the presidency to effectively govern: checked by other branches and corruptions is more easily detected in a single executive.

US district courts (94)

have original jurisdiction: the right to hear a case for the first time.

US circuit court of appeals (12)

have appellate jurisdiction: hear appeals from the lower court: review decisions made by US district courts.

supreme court (1)

highest court in the United States, with ultimate appellate jurisdiction over all federal and state court cases involving issues of federal law: both original and appellate jurisdiction.

federalist 78

written by Alexander Hamilton, which argues for the independence of the judiciary and the need for judicial review to protect against legislative overreach: independent of the judicial branch acted a protection for it powers.

cabinet secretaries

leaders of the 15 executive departments: dept of energy, dept of homeland security, dept of defense, etc: advise the president and implement federal policies.

agencies

work together to accomplish the goals of the department: such as the IRS (internal revenue service) and the FBI (Federal Bureau of Investigation), each focusing on specific areas of governance and public service.

commissions

regulatory groups who operate somewhat independently of the authority of the president, but still fall under executive authority: run by a board of individuals created for a specific purpose: such FCC (federal communications commission).

government corporations

hybrid of a business and a government agency: government acquires businesses when they want to offer a public good, but the free market is the best way to offer that service: operate like a business while fulfilling public needs, such as the United States Postal Service (USPS) or PBS.

delegated discretionary authority

the power given to agencies by Congress to make decisions within their established guidelines, allowing flexibility in implementation of laws and policies.

compliance monitoring

the process used by regulatory agencies to ensure that businesses and organizations follow established rules and regulations, typically involving inspections and reporting requirements.

department of homeland security

protects the US from terrorism and maintains and controls the nation’s borders.

department of transportation

manages all kinds of transportation like highway and air travel.

department of veteran’s affairs

managed veteran’s hospital and the general welfare of America veterans.

department of education

oversees states and their implementation of federal educational standards.

environmental protection agency

works to protect the environment and human health through industrial regulations: regulates air and water quality, hazardous waste, and chemical safety.

federal elections commission (FEC)

administers and enforces campaign finance laws.

securities and exchange commission

regulates the stock market and prevents fraud.

establishment clause

prohibits the government from establishing an official religion or unduly favoring one religion over another: Engel v. Vitale.

free exercise clause

protects individuals' rights to practice their religion without government interference: Wiconsin v. Yoder.

time, place, and manner restrictions

are regulations that govern when, where, and how speech and assembly can occur, ensuring that public order is maintained without infringing on First Amendment rights.

unprotected speech

libel (written lie), slander (spoken lie), obscenity, and speech intended to incite “imminent illegal action” and like to produce such a results.

exclusionary rule

is a legal principle that prevents evidence collected in violation of a defendant's constitutional rights from being used in a court of law: fourth amendment incorporated by the 14th.

colorblind constitution

legal principle that emphasizes the idea that the law should treat all individuals equally, without regard to race, ethnicity, or color, thereby promoting a society free from racial discrimination and affirmative action.

race-conscious constitution

legal framework that addresses the impact of race and ethnicity in laws and policies to promote equality and protect marginalized groups: only bans policies designed to harm minorities: allows for affirmative action.

core american values

rule of law (all equal before the law), limited government, individualism, equality of opportunity, free enterprise.

tracking poll

a survey that measures public opinion over time, often conducted repeatedly to track changes in respondents' attitudes or preferences.

benchmark poll

a survey conducted to gauge initial public opinion on an issue or candidate, serving as a point of reference for future polls.

entrance/exit polls

taken as people enter/exit polling places on election day: used to predict election outcome, to gain insight into voter behavior, and to analyze how different demographic groups voted.

keynesian economics

an economic theory advocating for increased government expenditures and lower taxes to stimulate demand and pull the economy out of recession.

supply-side economics

government should stimulate the economy during recessions by cutting taxes to encourage businesses to grow and taxpayers to spend more money.

monetary policy

conducted by the federal reserve: influencing the money supply and interest rates to stabilize the economy: money supply and interest rates are inversely related: not political: dual mandate of maximum employement and price stability.

fiscal policy

congress and political policies: the use of government spending and tax policies to influence economic conditions, particularly to stimulate demand, manage inflation, and promote growth.

linkage institutions

connect people to the government: political parties, interest groups, elections, and the news media.

functions of political parties

mobilization and education of voters, establish a party platform, recruit candidates, campaign management, raise money, media strategy, committee and party leadership systems in congress.

critical elections

elections that lead to a long-lasting shift in party coalitions or regional realignments, as seen in the elections of the civil rights era, 1932 and 1964, which realigned voter support and altered the political landscape.

structural barriers to third-party success

winner-take-all congressional districts, single-member districts, plurality system, electoral college, ballot fees and requirements.

informal barriers to third-party success

major parties adopt successful aspects of the third-party, many people feel like they are wasting their vote, lack of media attention, difficulty fundraising.

lobbyists

policy specialists hired by interest groups who provide information to lawmakers to persuade them to vote in favor of the group’s interests, may also help draft legislation and organize grassroots efforts to influence public opinion, or use amicus curiae briefs.

amicus curiae briefs

“friend of the court” briefs submitted by groups not directly involved in the case to provide additional information or arguments that may assist the court in decision-making.

free rider problem

people lack an incentive to join an interest group when they can benefit from the group’s efforts without joining.

national conventions

officially nominate the party’s presidential candidate: formally adopt a party platform.

pros of electoral college

states retain a role in selecting the president, ensure geographic balance (not just focused on densely populated areas), and guard against mob rule.

cons of electoral college

places too much emphasis on swing states, undemocratic because it ignores the popular vote, discourages third-parties.

hard money

contributions made directly to a campaign: restricted and regulated by federal law, often subject to contribution limits.

soft money

contributions to political parties for party-building purposes: unlimited and unrestricted.

impact of citzens united

struck down soft money and ad timing bans in BCRA, held that corporations have free speech to engage in unlimited independent political expenditures: led to the creation of super PACs.

independent expenditures

super PACs: money spent independently of a campaign to support a candidate such as ads, mailings, and other media: corporations and unions can raise and spend unlimited amounts of independent money but cannot donate directly a candidate as done in a PAC.