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natural rights
rights people posses by natural law apart from government; people are born with natural rights not given to them by a monarch or government
popular sovereignty
the power to govern is in the hands of the people
social contract
in order to protect their natural rights, the people willingly give some of their power power to the government; if the government does not respect the rights of the people, it is the job of the govern to overthrow the government
republicanism
people elect leaders to represent them and create laws in the public’s interest
limited government
a form of government that prevents tyranny through a system of checks and balances and the distribution of power among several acting members
participatory democracy
emphasizes broad participation in the political process by most, if not all, members of society
Ex: town hall, small areas (state level)
pluralist democracy
groups of people associate with interest groups who then compete to influence policy
Ex: interest groups →N double ACP (civil rights) & National Rifle Association (works to promote 2nd amendment rights)
elite democracy
emphasizes more limited participation in policy making on the assumption that government is complicated and therefore the most educated people run it
Ex: electoral college
problems with the Article of Confederation
only one branch of government (unicameral) → Congress gets one vote
no president or federal court system
Congress had no power to raise revenue through taxes
Congress had no power to raise an army
Shays Rebellion
one of the main reasons for the fall of the Articles of Confederation; Congress could not pay the veterans but still taxed them, they rose up to rebel in Massachusetts (the fed. gov. could not provide support)
Constitutional Convention / Philadelphia Convention (1787)
the goal of modifying the Articles of Confederation (ended up rewriting the articles)
Great Compromise
a combination of the Virginia Plan and New Jersey Plan; bicameral legislature, electoral college; three-fifths compromise
Virginia Plan
congressional representatives should be appointed by population; big states (population) will have more representatives, thus more power
New Jersey Plan
each state should be represented equally with one vote per state; smaller states had a more disproportionate amount of power
bicameral legislature
two houses of government (Congress)
House of Representatives: based on population, 435 total members, two year terms (represents fewer people → knosws their constituents better)
Senate: equal representation, 2 votes per state with a total of 100 members, six year terms (more constitutional responsibilities)
electoral college
each state is given the number of electors corresponding to the number of congressional representatives they have
state legislative decide who is a candidate on the electoral college
three-fifths compromise
three-fifths (75%) of the enslaved population will count towards representation
Article V
set up the process for amending amendments
an amendment can be either proposed by Congress or by the states at a special convention
two-thirds vote before it becomes official
amendment is sent to the states for ratification
three-quarters of the state legislatures or state ratifying conventions need to agree → amendment becomes law (if they agree)
advice and consent
any appointments made by the president regarding the presidential cabinet or supreme court nominations (federal office) has to get approved by the senate
judicial review
court’s prerogative to judge the laws passed by Congress and signed by the president on the merits of their constitutionality (not originally in the Constitution)
federalism
the sharing of power between the national and state government
exclusive power
powers of the federal government stated specifically in the Constitution
Ex: only Congress can make treaties with sovereign nations
reserved power
powers not specifically given to the federal government, reserved for the states (10th amendment)
Ex: police, hospitals, education, etc.
concurrent power
power shared by both the federal government and state governments
Ex: income tax
fiscal federalism
the financial relationship of development and resources between different levels of government
categorical grants
funds given to states as long as the states comply with specific federal standards; very specific needs and Congress decides how the money is spent
block grants
given to states for a relatively broad purpose and the states can spend that money as they see fit
mandates
requires states to follow federal directives but often these directives are beyond the states’ budget capacity
federal government sets the rules and provides money to the states that comply
unfunded mandates
the federal government provides mandates but not the funds
no longer available
10th amendment
lays down the basis for reserved powers (state powers)
14th amendment
applies the Bill of Rights to the states (1st ten amendments)
commerce clause
allows Congress to regulate interstate commerce (trade between states)
necessary and proper clause (elastic clause)
grants Congress the power to make all laws necessary and proper for carrying out its enumerated powers
speaker of the house
house members chose this leader, speaker will always be from the majority party
majority and minority leaders
direct debates, guide their members in policy making issues
whips
render party disciple, make sure party members walk in line with party goals
president of the Senate
vice-president of the U.S., non-voting member of the Senate (unless tie)
president pro-tempore
most senior member of the majority party, has the authority to act as president of the Senate when the vice president is not present
senate majority leader
sets the legislative agenda
committees
a (small)group of representatives gathered to debate over a bill (exists in both houses)
standing committees
permanent committee, responsible for reviewing legislation
Ex: standing committee on the budget (Senate), house of judiciary committee (House of Rep.)
joint committee
members from both houses
Ex: library of Congress
select committee
temporary committee created for a specific purpose
conference committee
formed to reconcile the differences in legislation
House of Representatives (leg.)
limited speaking time
house rules committee
decides which bills make it to the floors for debate
commit of the whole
includes all 435 members (100 needed for a quorum)
discharge petition
used to force a bill out of committee for debate and voting
Senate (leg.)
unlimited speaking time
filibuster
an attempt to “kill” a bill by “talking it to death” or stall it
cloture rule
a three-fifths vote ends a filibuster (60 senators)
unanimous consent
a bill is put under consideration and with limited speaking time, everyone has to agree, if one senator rejects it will be called a “hold”
coalitions (in both houses)
the durability of the working relationships are affected by the term length differences
enumerated powers
explicitly listed in Article 1 Section 8 of the Constitution
Ex: federal funding, foreign policy, military legislation
implied powers
Congress can pass any law that is required by the enumerated powers (necessary and proper clause)
how a bill becomes law
the bill is introduced from a member from either house
assigned to a committee and often undergoes changes
president’s desk for signing
riders
non relevant additions which will usually benefit a representive’s’s own agenda or alternatively it could be something added to help get the bill passed
pork barrel projects
funds for special projects in a representaive’’s district (helps with reelection)
logrolling
representatives agree “if you vote for my bill, I will vote for yours”
mandatory spending
payments required by law, entitlement spending, interest payments on debt
Ex: medicare, medicaid
discretionary spending
all funds remaining after mandatory spending, pays federal employees
deficit
the gap between the projected budget and the actual funds available
divided government
both houses of Congress are from opposing parties
lame duck president
the president have little power over Congress
Ex: Obama during the final few months of his second term
census
every 10 years, people are counted in states
redistricting
the act of redrawing district lines
gerrymandering
district drawn to have unequal favor
partisan gerrymandering
district lines redrawn to have one party is more advantageous than another
racial gerrymandering
districts are drawn to have one race as the majority
veto
(the president has ten days to sign a bill into law)
bill dies
the bill is sent back to Congress and the bill changes
Congress can override the veto with a two-third vote
pocket veto
less than 10 days → the president can let the session expire and the bill is effectively dies
more than 10 days → the president does not sign it, the bill automatically becomes law
bargaining and persuasion
the president can use attention to sway public opinion, allowing bills to pass
executive power
the president has the force of federal law but not actual law
signing statement
informs the nation how the executive branch intends for the law to work
cabinet
presidential team of advisors who lead each of the executive agencies
supreme court nominations
less corruption, the judge holds the position for life
Hamiliton’s argument
single executive can act decisively
executive power is checked by other branches
corruption is more easily detected in a single executive
22nd amendment
two term limit for presidents
federal court system
U.S. district courts (94): original jurisdiction, right to hear a case for the first time
U.S. circuit court of appeals (12): appellate jurisdiction, hears appeals from the lower courts
supreme court (1): only one stated in the Constitution → both original and appellate juristidiction
judicial activism
the court acts to establish policy and considers more than just the constitutionality of a decisions it considers the decision’s broader effect on society
judicial restraint
a law should only by struck down if it violates the actual written word of the Consitution
ideology of judges
president appoints judges with their own ideology
bureaucracy
a large organization with power divided among several managers (not a 4th branch of government)
cabinet secretaries
leaders of the 15 executive departments
Ex: department of energy, department of homeland security, department of defense
agencies
work together to accomplish the goals of the departments
Ex: internal revenue service (IRS)
commissions
regulatory groups who operate somewhat independently from the authority of the president, but still fall under the executive authority; run by a board of individuals and are usually created for a specific purpose
Ex: federal communications commission (FCC)
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 best way to offer that service
Ex: public braodcasting service (PBS)
delegated discretionary authority
authority given to the bureaucracy by Congress that gives them the discretion on how to make the rules and carry out the laws
compliance monitoring
bureaucratic agencies establish rules for certain industries and then have to do the work of making sure those industries are complying with those rules
iron triangle
bureaucratic agencies + congressional committees
congressional committees + interest groups
interest groups + bureaucratic agencies
patronage system
a way for presidents to award those who supported his campaign (ended with Garfield’s assination)
merit system
pass examinations, based on merit (created by the Pendleton Civil Service 1883)
Bill of Rights
protects the rights from the intrusion of the federal government
14th amendment allows the Bill of Rights to apply to the states
1st amendment
freedom of religion, speech, press, petition, and assembly
2nd amendment
right to bear arms
3rd amendment
prevents citizens from housing soldiers (unless at wartime)
4th amendment
protects against unreasonable searches and seizures of personal property and effects
5th amendment
deals with the right of citizens when they are falsely accused
6th amendment
explain how the process will go when a person is accused of a crime and explains the protections to which they are entitled
7th amendment
guarantees the right to a trail by jury