System in which power is divided between national and state or local governments.
Federalism
Powers written into the Constitution that have been given to the national government
Expressed Powers
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System in which power is divided between national and state or local governments.
Federalism
Powers written into the Constitution that have been given to the national government
Expressed Powers
Powers given to the state governments alone
Reserved Powers
Powers shared by both the national and state governments
Concurrent Powers
Powers given to the federal government that have been reasonably inferred from the Constitution
Implied Powers
Section of the Constitution allowing Congress to pass all laws essential to carrying out its expressed duties. This provision allows the national government to carry out implied powers
Necessary and Proper clause
The doctrine that a state can void a federal law that, in the state's opinion, violates the Constitution
Nullification
Constitutional provision that gives the federal government the power to regulate interstate and foreign trade
Commerce clause
Ruling that declared the national government's power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce; in this case, banning firearms in a school zone
US v. Lopez
Ruling that declared the feral government had the power to establish a national bank under the "necessary and proper" clause
McCulloch v. Maryland
System in which power is centralized in one body. State or regional governments derive authority from the central government.
Unitary
System in which power is help by a loose union of independent states. The central government is weak in relation to the power of the states.
Confederal / Confederate System
Process that permits voters to put state legislative measures directly on the ballot.
Initiative
Procedure that allows voters to reject a measure passed by the state legislature.
Referendum
Procedure whereby voters can remove an elected official from office.
Recall
The distribution of a percentage of federal tax income to state and local governments.
Federal Revenue Sharing
Federal grants given to states for specific purposes, often with strings attached, such as building an airport or a highway.
Categorical Grants
Federal grants given to states for broader purposes, such as healthcare or education.
Block Grants
Strings attached by the national government that states must meet if they are to receive certain federal funds.
Conditions of Aid
Terms set by the national government that states are required to meet whether or not they accept federal grants.
Mandates
This constitutional provision provides guarantee of citizenship, as well as equal protection which have been the sources of incorporation for key protections in the Bill of Rights.
14th Amendment
Provision that states all powers not given to the federal government in the Constitution, nor prohibited to the states, are reserved for the states.
10th Amendment
Determine the process for naturalization and citizenship
Enumerated powers
Congressional powers not directly stated in the constitution used to enact legislation on economic, environmental, and social issues
Implied Powers
presides over the house, schedules bills for debate and votes, promotes party's legislative agenda, always from the majority party.
Speaker of the House
Vice president, casts tie-breaking votes.
President of the Senate
Presides over the senate, promotes parties legislative agenda, schedules votes.
Majority Leader
Leads the opposition (minority) party.
Minority leader
Ensure party members vote with the party, count votes.
Whip
Make rules for floor debate: open/closed rule, time limit for debate, etc.
House rules committee
Includes members from both the house and senate.
Joint Committees
A joint committee that makes a compromise version of a bill between house and senate versions.
Conference committee
A majority vote of the full house to force a bill out of committee.
Discharge Petition
The house acts as a committee to expedite the passage of legislation
Committee of the Whole
A long speech intended to delay action and prevent a vote
Filibuster
A senator can prevent action on a bill without their approval.
Hold
Vote to end debate on a bill; requires a ⅗ majority.
Cloture Motion
Allow legislation to be considered and passed without debate if all senators agree.
Unanimous Consent Agreements
Congress is in charge of establishing a budget and government spending.
Power of the Purse
Spending required by law, can only be changed by new legislation; includes entitlements and interest on the debt.
Mandatory Spending
Provide benefits to people who are entitled to them by law.
Entitlement Programs
Must be approved annually as part of budget bills
Discretionary Spending
Provides tangible benefits, jobs, money to a district.
Pork Barrell Legislation
Vote trading, “I vote for yours, you vote for mine”
Logrolling
Alters the number each state has in the house; every 10 years after the census.
Reapportionment
Redrawing congressional districts, done by state legislatures
Redistricting
Drawing congressional districts in bizarre shapes
Gerrymandering
Representative votes her conscience regardless of what constituents want.
Trustee Model
Votes how constituents want, even if she personally disagrees.
Delegate Model
Sometimes act as a trustee, sometimes as a delegate
Politico
Increasing ideological division between democrats and republicans
Party polorization
All members of a party in congress vote the same way
Party-Line Voting
Representative votes her conscience regardless of what constituents want
Divided Government
Presidential powers that come from the constitution or legislation
Formal Powers
President is head of the armed forces
Commander-In-Cheif
A message to congress rejecting legislation; congress can override with a ⅔ vote in both houses of congress
Veto
President takes no action and the session of congress ends within 10 days of receiving a bill
Pocket Veto
President makes treaties with a foreign heads-of-state subject to senate ratification
Treaties
Have the power of law, dont require congressional approval; used to direct the bureaucracy and foreign policy
Executive Orders
A written statement issued by the president when signing a bill that provides her interpretation of the bill
Signing Statement
Need to bargain with congress over appointments, budgets, and legislative priorities.
Bargaining and Persuasion
Agreements with foreign heads of state, like a treaty but dont require senate ratification
Executive Agreements
A president's longest lasting influence
Judicial Appoints
The president in commander-in-chief, but only congress can declare war
Constitutional Tension
A position of authority that allows the president to speak out on any issue
Bully Pulpit
nationally televised speech delivered to congress; attempts to gain support for his agenda and pressure congress
State of the Union Address
Makes it easy for presidents to communicate quickly and directly with the public
Social Media and Technology
News media reports on issues which increase in importance to the public, who then demand policymakers address the issue.
Agenda Setting
The supreme court can rule on the constitutionality of federal laws, executive orders and actions, and state laws
Judicial Review
A past decision that influences future decisions
Precedent
Original jurisdiction for the vast majority of federal cases (first court to hear the case)
District Courts
Has original and appellate jurisdiction, chooses which cases to hear from its appellate jurisdiction, hears fewer than 1% of appealed cases.
Supreme Court
An informal rule, the court will hear a case if 4 justices choose to hear it
Rule of 4
A request for lower court documents; signals that the court has accepted a case
Writ of Certiorari
the holding by the majority of justices
Opinion of the Court
Agrees with the ruling of the majority but for different reasons
Concurring Opinion
Constitutional reasoning by the justices in the minority on the case
Dissenting Opinion
Courts should defer to the democratically elected branches whenever possible
Judicial Restraint
The court can and should be free to overrule other branches
Judicial Activism
Day-to-Day workers who implement federal policies; the vast majority of bureaucrats are non-political appointees, while leadership is politically appointed
Bureacracy/Civil Service
Bureaucrats earn jobs based on merit and/or civil service exam
Merit System
make rules regulating specific industries; narrow area of responsibility
Independent Regulatory Commissions
Perform Public services, report directly to the president
Independent Executive Agencies
Provide services that could be provided by private companies, but aren't profitable
Government Corporations
Relationships between congressional committees, interest groups, and bureaucratic agencies that influence policy
Iron Triangles
Have the same purpose of iron triangles but are looser, less formal relationships that also include academics, lawyers, and other policy advocates
Issue Networks
Congress allows agencies to choose how to implement and enforce legislation
Administrative Discretion
Agencies are given rule-making authority to make regulations that have the power of law.
Rule making Authority
Committee hearings and investigations into an agency's activities
Congressional Oversight
Nonpartisan agencies ensure that funds are spent properly and regulations are being followed
Compliance Monitoring
Congress can alter agency/department budgets depending on whether they are pleased with an agency activitie
Power of the Purse
Rule on the constitutionality of bureaucratic regulations and actions
Judicial checks on bureaucracy
Constitutional protections against infringement by the government
Civil Liberties
Policies that protect people from arbitrary or discriminatory treatment by the government; ensures equal protection of the laws.
Civil Rights
14th amendment clause that protects individuals from infringements by the government and has been used to incorporate civil liberties to the states.
Due Process Clause
14th amendment clause that declares states cannot unreasonably discriminate against individuals; has been used to incorporate civil rights.
Equal Protection Clause
The process of gradually applying the Bill of Rights to the states.
Selective Incorporation
Censorship of a publication before it is printed; typically not allowed under the law.
Prior Restraint
This standard, set forth in Schenck v. U.S., declares that speech is not covered by the 1st amendment if it poses a public threat.
Clear and Present Danger Test
Written expression that is both false and malicious.
Libel