American Politics and the US Constitution

WGU

Age of Enlightenment

Explored rights and freedoms; Period that took place in Europe between 1650 and 1800.

John Locke

Had ideas about natural rights and rejected the idea of divine kings. Many of his ideas are in the declaration of independence. Identified two key aspects to existence; liberty and property.

Montesquieu

French judge and philosopher who argues for the checks and balances, separation of powers, including bicameral legislature, and representative rule. His ideas were a large influence on The Constitution and bill of rights.

Natural Rights

The rights to life, liberty and property, believed to be given by God; No government may take it away. One of John Locke’s ideas.

Thomas Hobbs

Philospher who tells us life in the state of nature is “a war against all” and nasty, insecure place. “because we are all threats, we need someone to impose order, preferably an absolute monarch. Life may be brutal but its better than being dead.“

John Locke

Philosopher who argues state of nature was peaceful and consisted of rational beings but was inconvenient. Quality of Life is the key consideration, rather than just life.

Thomas Jefferson

The Declaration of Independence is written mainly by?

John Locke

Which philosopher’s work influenced the Declaration of Independence?

Montesquieu

Which philosopher’s work influenced the Constitution?

Fugitive Slave Clause

allowed slavers to reclaim enslaved people in the states they had fled.

Virginia Plan

Proposal where state representation is based on population

New Jersey Plan

Proposal where each state has one vote.

The Great Compromise

satisfies concerns over representation by creating a bicameral legislature with representation based on population in the House of Representatives (proposed by Virginia Plan) and equal representation of states in the Senate (proposed by New Jersey Plan)

Enumerated Powers

Powers given explicitly to the Federal Government by the Constitution. These are to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, impose taxes, and conduct foreign affairs.

Reserved Powers

Powers given to the states and denied to the federal government as outlined in the Tenth Amendment. Any powers the national gov doesn’t have. Intrastate commerce, marriage, etc.

Supreme Law of the Land / Supremacy clause

Says the Constitution and laws made by congress are final; in the event of a conflict between national and state gov, the National Government would win.

Necessary and Proper Cause

Clause in US constitution that can be “stretched” to allow Congress to make laws on polices beyond enumerated powers. Stretching this clause produces implied powers, which has enabled national gov to expand its powers.

Federalist Papers

series of 85 essays written and published Alexander Hamilton, James Madison, and John Jay, in 1787 and 1788, in favor of ratifying the newly written Constitution. Addressed variety of issues that troubled citizens. Unclear as to their actual success.

Federalist No. 10

Federalist paper that eased fear of power of factions

Federalist No. 51

Federalist paper that eased fear of tyrannical government by promoting checks and balances and separation of power.

Bill of attainder

declares a person guilty of crime and levies a punishment without a trial. Constitution prohibits this.

Congress can change the Supreme Court’s jurisdiction

How can Congress provide a check on the Judicial Branch?

majority house and two thirds senate.

Needed to impeach president

Power to levy taxes

Most important power of congress

Oversite

Most congressional powers are explicit, however one is implied; Its the right and responsibility of one branch to review and monitor another.

Implied powers

not specifically detailed in the Constitution but inferred as necessary to achieve the national government objectives. Permitted through “necessary and proper cause”

Inherent power

assumed to be there as a direct result of the country's existence.

Budget Resolution

Plan for what the government will receive and spend over the next fiscal year

Appropriations Committee

After budget has passed, decides how specific funds are spent.

Discretionary Spending

Spending that can be altered year to year through congressional appropriations process.

Pork-barrel spending

unnecessary spending on local projects that only benefit a specific member of congress

Line-item veto

ability of executive to reject specific portion of legislation rather than reject the entire bill. Used by governors, but is unconstitutional for the president.

Committees

where most bills die

Standing Committee

A permanent committee for issues that reoccur timelessly.

Select Committee

A temporary committee, often exercising investigative, rather than law-making powers

Joint Committee

Includes members from both the House and Senate. May be temporary or permanent.

Conference Committee

Purpose is to relieve difference in bills from the House and the Senate. Made up of members from both. Addresses changes made by each house then presents the unified version back to both houses for approval. 

House Rules Committee

Sets and rules limits of debates, limits to changes made, and when on calendar. Next step for a bill after the Standing Committee.

House of Representatives

Debate is Limited

Senate

Debate is unlimited

seeks to stop a filibuster

Cloture

Monroe Doctrine

Principal of US policy, articulated by President James Monroe, declaring that interventions by European powers on the nations of the Western Hemisphere would be considered intolerable acts of aggression.

Signing Statements

implies how a president will interpret legislation

12th Amendment

Provided separate vote for president and vice president

22nd Amendment

Sets Term limit on President

Executive Privilege

the right of the executive branch to withhold information.

being in charge of national security and intelligence agencies, established late after WWII

President derive power from;

General Services Administration

oversees logistics of the transfer of power.

Office of Management and Budget (OMB)

President’s budget department; prepares the executive budget proposal and oversees usage during the year.

Recess appointment

power of the president to fill vacancies during recess of Senate util the next session ends. This is balanced out by Senate using pro froma, which is where Senate is held in session with no work being done.

Strict construction

approach to interpreting the Constitution based on the idea that the national government can only do those things specifically mentioned in the Constitution.

Loose Construction

idea that Judges can reinterpret constitutional language to create new legal standards appropriate for changing conditions

Judicial Restraint

viewpoint that judges should be reluctant to overturn acts of congress, the president, or the states, deferring to decisions to elected branches of government.

Marbury v. Madison

Established Judicial Review when x refused to uphold y’s commission

Stare Statis

Principal that courts should rely on previous decisions and established precedent as they make decisions.

Rule of four

How justices decide to hear a case

Amicus curiae briefs

Written documents in support of one side or another in hopes of getting a decision that is in preference with a party not directly affected by the case.

10th Amendment

Provides states with reserved powers not mentioned in the Constitution

Concurrent Powers

Powers shared by the State and Federal Governments

Full Faith and Credit Clause

Requires states to accept court decisions, public acts, and contracts of other states; adoption of certificate or DL issues in one state is valid in another. Includes diplomas and marriages

Privileges and Immunities Clause

Prevents states from discriminating against out of state residents. Guaranteeing access to courts, legal protection, property and travel rights, etc.

McCulloch v. Maryland

Established a National Bank was Constitutional

Gibbons v Ogden

Strengthened the power of the national government over state governments and the commerce clause (express power of congress to regulate commerce). This was a loose constructionist interpretation of the commerce clause.

US Term Limits v. Thornton

decided there are no term limits for congress.

Brokered convention

National party convention where no candidate for the party’s presidential nomination enters with majority of the conventions delegates, resulting in negotiating by “power brokers” to agree on a nominee

Nominating Convention

After potential nominees are selected in primaries or caucus, delegates assemble to select a presidential candidate. Although they are usually already determined.

lawmakers that have special influence on relevant legislative areas.

Who do Interest Groups Target?

Lobbyist

representative of a particular interest group or association, usually employed for pay, who attempts to influence legislators.

Interest Group

a public or private association of individuals or organizations that attempt to influence government decision making or public policy. They may also form to represent companies, corporate organizations, and governments.

Lobbying Disclosure Act

requires registration of lobbyist, clients, and lobbying firms with the government and devoting more than 20% of their time to it.

Legislative liaison

individual who represents a government institution to other governmental decision makers. (May represent Department of Education or a College)

Public interest group

pursues policies or goods that members perceive to be useful for most or all citizens.

Private Interest Groups

usually seeks particularized benefits from the government, those that favor themselves.

Inside Strategy Lobbying

Directly attempts to influence governmental officials such as legislators or their aides

Outside Strategy Lobbying

Indirectly by influencing public opinion attempts to influence governmental officials such as legislators or their aides.

Legislative strategy

Strategy used by interest groups to donate money to a candidate to gain an “in” with them so they can try and influence legislature

Electoral Strategy

Strategy used by interest groups to work to elect a candidate who already fits with their beliefs.

Hard Money

Collected by a PAC and directly contributed to a candidate and is heavily regulated and limited. The McCain-Feingold Bipartisan Bill limited this.

Soft Money

money raised for purposes like party building effort, get-out-the-vote efforts, and issue advocacy ads. Collected by Super PACs and has almost to regulation or limits

Bundling

One solicits many contribution checks made out to the candidate. This makes it legal as its from individual doners, but to the candidate, the individual brought a large contribution.

Federal Election Campaign Act

Created the FEC. Required candidates to disclose who donates and imposes limits on individual contribution to a campaign. Result of Buckley v. Valeo

McCain-Feingold Act/Bipartisan Campaign Reform Act

A 2002 law to limit soft money donations to political parties.

Citizens United v FEC

overturned McCain-Feingold Act. Made Super PACs legal; Allowed interest groups, corps, and unions to spend unlimited money if they do not coordinate their spending with a candidate.

19th Amendment

Amendment that gave women right to vote

24th Amendment

Amendment that ended poll taxes in 1964 but didn’t do as much as the VRA

26th Amendment

Gave 18-20 y/o right to vote

National Voter Registration Act

1993 law allows voters to register when signing up for Driver License or SS Benefits

Shelby v Holder

SC Case where the VRA act was overturned, allowing states to pass disenfranchising laws. Disproportionally affected young, less educated, or racial minorities. 

Ballot Fatigue

Tendency of a voter to select a candidate in an important office then stop voting before selecting candidates for lower offices.

Strategic Voting

Voting for second or third choice to prevent another candidate from winning, or because their candidate cannot win.

Dred Scott v. Sandford

ruled congress nor states had the power to regulate slavery. Ruled blacks and inferior and okay to enslave. The Supreme Court denied a man and his family’s freedom.

The Civil War Amendments

After the union had won (1865), The 13^th, 14^th, and 15^th amendments.

13th Amendment

Amendment that Abolished slavery

14th Amendment

Amendment that made former slaves citizens with rights; Requires states to honor “privileges or immunities” of US citizens, including due process clause. This granted citizenship to all those “born or naturalized” in the US, including formally enslaved people.

15th Amendment

Amendment that was first constitutional protection on voting; prohibits race, color, or previous servitude to abridge right to vote. Loophole allowed states to issue their own voter qualifications, leading to Jim Crow Laws.

Rational Basis test

set of criteria the Supreme Court uses to analyze and decide court cases on most types of discrimination, those that don’t involve a protected class; accuser must prove discrimination to the Court, Government must only prove its rational. (disallowing blind to drive)

Intermediate Scrutiny test

Set of criteria that courts use to analyze and decide cases of discrimination when it applies to gender or sex. Burdon of proof is on the government

Strict Scrutiny test

Used when fundamental freedoms or suspected classes of persons (members of racial, ethnic, or religious group) are the target for discrimination. Greater burden of proof on government; they must prove discrimination law has “compelling governmental interest” and tailored in the least restrictive means. Also known as the Sherbert test

Brown v. Board of Education of Topeka

Ruled “separate but equal” has no place in education, meaning segregating facilities would not be allowed as they violated the 14^th amendment. Overruled Plessy v Ferguson.

Civil Rights Act of 1964

federal law that prohibits discrimination based on race, color, religion, sex, or national origin. Dissolved segregation in schools, employment, and public accommodations.