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Bill of Rights (1-5)
1. freedom of religion, speech, press, assembly, petition gov ; establishment + free exercise
2. right to bear arms
3. no quartering of soldiers (privacy)
4. no unreasonable search/seizure ; exclusionary rule
5. grand jury, protect against double jep + self-incrim. ; due process clause + eminent domain. Miranda right
Bill of Rights (6-10)
6: criminal court procedures, lawyers for those that cant afford. Miranda right
7. trial by jury, civil court procedures
8. no cruel or unusual punishment/excessive fines
9. rights retained to the people
10. rights not enumerated are reserved to the states
Articles of Constitution
I. Legislative II. Executive III. Judicial IV. State relations V. Amendment process VI. Legal status/supremacy VII. Ratification
Bill of Attainder
Legislation that declares a person/group of misconduct or crime and punishes them w/o trial. Prohibited by Art. 1, sect 9
Commerce Clause
Grants Congress power to regulate commerce with foreign nations, Indian tribes, and between states
Dual Federalism (layer cake)
A political system where power is strictly divided into separate, distinct spheres authority between btwn fed + state
Cooperative federalism (marble cake)
Model of governance where federal, state, + local govts share responsibilities and collaborate to solve common policy issues
Fiscal federalism
The practice of dividing taxation, spending, and regulatory functions btwn federal, state, and local govts
Categorical grants
Grants issued by Congress and spent for narrowly defined purposes
Categ. Project Grant
Funding to a specific service for a specified amount of time
Categ. Formula Grant
Funding for services that help a particular group of people (ex. low-income students)
Cross-over Sanctions
Fiscal sanctions applied to one govt program to influence policy in another program area
Cross-cutting requirements
Specific type of mandate that impose requirements or conditions on all grants + programs involving federal money
Tax + spend clause
Gives Congress the power to lay and collect taxes for 2 purposes: pay debts of the US and to provide for common defense + general welfare
Critical election
electoral earthquake where new issues emerge, new coalitions replace old, majority party often displaced by minority
Proportional representation
electoral system where political parties gain legis seats in proportion to number of votes earned
24th Amendment
Prohibits Congress and states from using poll taxes to disenfranchise voters
Soft money
unregulated + unlimited contributions made to political parties for “party-building” activities. Largely banned thru BCRA
Hard money
political campaign contributions given directly to a candidate, strictly regulated; limits on amount, full disclosure, from individuals or PACs not corps or unions
Frontloading
Trend of states moving their presidential primaries/caucuses to earlier dates
Political Action Committees (PACs)
regulated organization formed by interest groups, unions, or corporations to raise and spend money
Reasons for low voter turnout
registration process
voter fatigue
rational choice theory
Selective perception
phenomenon where people’s pre-existing beliefs + political attitudes guide what they pay attention to and how they interpret political events, news, or media
Shared Democratic values
foundational principals supporting a free, fair, + self-governing society
Incorporation doctrine
Constitutional principle that the 14th amendment’s due process clause makes the bill of rights binding to state govts
Exclusionary rule
prevents evidence collected in violation of a defendant’s constit. rights (4th- no unreasonable search/seizure) from being used in a criminal trial
Good faith doctrine
allows evidence obtained in technically unlawful ways to be used if police were acting lawfully (ex. unknowingly using a defective warrent). Exception to exclusionary rule
De jure (by law) segregation
legal separation of groups based on race + enforced by govt laws, regulations, or ordinances (separate but equal, Jim crow)
De facto (in fact) segregation
racial/social segregation that exists in fact rather than by law, usually from neighborhood housing patterns, housing discrimination, or personal choices
Tort
civil wrong that leads to harm of a person or property leading to legal liability
Petit jury
trial jury; hear evidence in criminal or civil cases and decide guilt or liability
Original intent
Judicial philosophy interpreting constit. based on the framers’ intent
Loose constructionist
Judicial philosophy advocating for broad + flexible interpretations of the constit.
Senatorial courtesy
unwritten, long-standing custom where POTUS consults w/ home state senators before nominating federal district judges or other fed officals
Oversight
congress’ authority to monitor, review, + supervise exec branch agencies, programs, etc.
Fire alarm hearing: congressional hearing after issue/criminal activity happens (reactive)
Police patrol hearing: congressional hearing to check departments before something happens (preventative)
Markup
Revision + editing of a bill w/ iron triangle and committee staff
Log rolling
Trading of favors btwn legis members; “vote for my bill, I vote for yours”
Pork barreling vs Earmarks
Pork barreling: money for one specific district or agency
Earmarks: designated $$ amount for a specific project in a spending bill
Franking privilege
Legal right allowing US members of Congress to send official mail to constituents without postage using their signature (“frank”) instead
501c3s vs 501c4s
501c3s: charitable, tax-exempt entities where donations are tax-deductible but are restricted in lobbying
501c4s: “social welfare” organizations that allow unlimited lobbying; donations are not tax-deductible
Free riders
Those who benefit from collective action of members (in a group) as a non-member
Iron triangle
Policy-making relationship btwn congressional committees, bureaucracy, and interest groups
McCain-Feingold Act of 2002
Attempted to address loopholes:
doubled hard money limits
banned soft money donations
limited electioneering communications from corps and unions
required candidates to “approve” messages
Strategies of interest groups
Lobbying: direct interaction w/ govt officials, b-crats, + lawmakers to influence policy decisions
Grassroots: indirect lobbying to pressure officials by rallying public opinion
Electioneering: supporting candidates thru PAC contribution
Litigation: using court system to challenge/support policy
Coalition building: collabing w/ other organizations
Presidency amendments (12th, 22nd, 25th)
12: revised EC ballot w separate sections for pres and vp (jefferson/burr tie)
22: term limits for pres formalized to two terms (GW tradition)
25: 4 parts; clarified succession (pres to vp), VP replacements, voluntary + involuntary transfer of power
Sources of presidential power
Constitutional: authority directly stated in the constitution (commander in chief, veto powers)
Statutory: authority given by laws passed by congress
Special (crisis): expanded influence during national emergencies
The people: influence gained by public support—using popularity to shape policy
Roles of the president
“Chief” roles:
Legislator: propose laws, set legis agenda, veto bills
Economist: guides econ policy + propose fed budget
Diplomat: foreign policy, negotiate treaties, + meets with world leaders
Executive: enforce laws and oversee exec branch
of State: acts as symbolic leader of nation
Commander in: directs the military
Party leader: leads political party, support members
Line item veto
Power to reject specific parts of a bill without vetoing the whole thing.
Clinton v New York: SC ruled it unconstit. because it violated lawmaking process in constit.
Impoundment
When the president refuses to spend money that Congress has already approved; Congr has limited it, requiring appropriated funds to be spent
Lame duck
Elected official whose successor has been chosen, but it still in office for a short time w/ reduced influence
Economics (demand+supply-side)
Keynesian (demand-side)
Focus on increasing demand
Tax cuts for individuals and business
Increase govt spending
Supply-side
Focus on increasing supply
Tax cuts for business
Deregulate business
Fiscal vs Monetary policy
Fiscal: govt decisions abt taxing + spending; controlled by Congress and the president
Monetary: control of the money supply + interest rates; managed by the Federal Reserve system
Bureaucratic discretion
Ability of federal agencies to decide how to implement laws + policies
Quasi-legislative + judicial functions
Quasi-Legislative:
When agencies make rules + regulations
Quasi-Judicial:
When agencies resolve disputes or interpret laws in specific cases