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Federalist #10
Essay by James Madison arguing that a large republic is the best way to control the negative effects of factions.
Federalist #51
Essay by Madison explaining how the Constitution's structure (checks and balances/separation of powers) protects liberty.
Federalist #70
Essay by Alexander Hamilton arguing for a strong, single executive (President).
Federalist #78
Essay by Hamilton discussing the power of judicial review and the importance of an independent judiciary.
Brutus #1
Anti-Federalist essay arguing that a large central government would be tyrannical and that power should remain with the states.
Articles of Confederation
The first U.S. governing document; created a weak central government with no power to tax or regulate commerce.
Declaration of Independence
Document stating the colonies' grievances against King George III and declaring their independence based on natural rights.
Letter from a Birmingham Jail
Martin Luther King Jr.'s response to critics, defending nonviolent direct action and arguing that 'injustice anywhere is a threat to justice everywhere.'
Incorporation Doctrine
The legal concept under which the Supreme Court has applied most of the Bill of Rights to the states via the 14th Amendment.
Iron Triangle (Issue Networks)
The three-way relationship between congressional committees, interest groups, and bureaucratic agencies.
Commerce Clause
Gives Congress the power to regulate interstate and international business.
Necessary & Proper Clause (Elastic)
Allows Congress to pass laws needed to carry out its expressed powers.
Dual v. Cooperative Federalism
Dual (layer cake) sees state and federal power as distinct; Cooperative (marble cake) involves shared responsibilities.
Categorical v. Block Grants
Categorical grants have specific purposes and 'strings attached'; Block grants give states broad discretion.
Unfunded Mandates
Federal requirements that states must follow without being provided the money to pay for them.
Nullification
The theory that a state can declare a federal law void if it deems the law unconstitutional.
Supremacy Clause
Establishes that the Constitution and federal laws are the supreme law of the land.
Full Faith and Credit Clause
Requires states to recognize the public acts, records, and judicial proceedings of other states.
Eminent Domain (Kelo)
The government's power to take private property for public use with just compensation; Kelo expanded this to include economic development.
Divided Government
When one political party controls the presidency and the other controls one or both houses of Congress.
Electoral College
The system used to officially elect the President and Vice President based on state-allocated electors.
EOP - White House Office
The President's closest staff and advisors, such as the Chief of Staff and Press Secretary, who do not require Senate confirmation.
Executive Orders
Presidential directives that have the force of law without needing Congressional approval.
Executive Privilege
The power claimed by the President to withhold information from Congress or the courts to protect national security or internal communications.
Filibuster/Cloture
A filibuster is a delay tactic in the Senate; cloture is the vote (60 senators) required to end a filibuster.
1st Amendment
Protects freedoms of speech, religion, press, assembly, and petition.
10th Amendment
States that powers not delegated to the federal government are reserved for the states or the people.
12th Amendment
Requires electors to cast separate ballots for President and Vice President.
14th Amendment
Grants citizenship to all born in the U.S. and guarantees equal protection and due process.
15th Amendment
Prohibits the denial of the right to vote based on race.
19th Amendment
Granted women the right to vote.
22nd Amendment
Limits the President to two terms in office.
24th Amendment
Prohibited the use of poll taxes in federal elections.
25th Amendment
Clarifies presidential succession and procedures for presidential disability.
26th Amendment
Lowered the voting age to 18.
Grass Roots/Astroturf
Grass roots is genuine community-level lobbying; Astroturf is artificially created 'fake' public support by interest groups.
Jim Crow Laws
State and local laws that enforced racial segregation in the Southern United States.
Equal Time Rule
Requires broadcasters to provide equivalent opportunities to opposing political candidates.
Prior Restraint
Government action that prohibits speech or other expression before it can take place (censorship).
Gridlock
A situation where there is difficulty passing laws that satisfy the needs of the people, often due to divided government.
Line-Item Veto
The power (now unconstitutional for the President) to veto specific parts of a bill while signing the rest.
OMB (Office of Management and Budget)
The agency responsible for preparing the President's budget proposal and reviewing agency regulations.
Legislative Veto
A requirement that an executive action be submitted to Congress for approval (ruled unconstitutional).
Bully Pulpit
The President's use of their prestige and visibility to guide or enthuse the American public.
War Powers Resolution
A law intended to check the President's power to commit the U.S. to an armed conflict without Congressional consent.
Advice and Consent
The Senate's power to review and approve treaties and presidential appointments.
Rules Committee
The House committee that sets the rules for debate and amendments for a bill.
Ways and Means Committee
The House committee responsible for reviewing all tax and revenue-raising legislation.
Conference Committee
A joint committee created to reconcile differences between House and Senate versions of a bill.
Standing Committees
Permanent committees in Congress that handle most of the legislative work.
Gerrymandering
Redrawing legislative boundaries to benefit a specific political party or group.
Reapportionment vs. Redistricting
Reapportionment is redistributing House seats based on the census; redistricting is the actual redrawing of district lines within a state.
Miranda Rights
The requirement that police inform suspects of their right to remain silent and to an attorney upon arrest.
Amending the Constitution
The two-stage process (proposal and ratification) used to change the Constitution.
"Horse Race" Journalism
News coverage that focuses on who is winning or ahead in the polls rather than on policy issues.
Strict vs. Loose Construction/Original
Strict construction follows the literal text; loose construction allows for broader interpretation; originalism seeks the framers' original intent.
Activist vs. Restraintist Courts
Judicial activism involves overturning laws to create policy; judicial restraint encourages judges to limit their own power and defer to legislatures.
Entitlements
Federal programs, like Social Security or Medicare, that guarantee benefits to a specific group of people.
Incumbency Advantage
The various institutional advantages (name recognition, fundraising, franking) that help current officeholders win reelection.
PACS/SuperPACs
PACs raise money for candidates with limits; SuperPACs can raise unlimited funds for independent expenditures but cannot coordinate with campaigns.
Civil Rights Act of 1964
Landmark legislation that banned discrimination in public accommodations and employment based on race, color, religion, sex, or national origin.
Voting Rights Act of 1965
Law that eliminated literacy tests and other barriers to voting for African Americans.
Original vs. Appellate Courts
Original jurisdiction is the authority to hear a case first; appellate jurisdiction is the power to review a lower court's decision.
Symbolic Speech
Nonverbal communication, such as burning a flag or wearing an armband, that is protected under the 1st Amendment.
Exclusionary Rule
A legal rule that prevents evidence collected in violation of the defendant's rights from being used in court.
Writ of Certiorari
An order by a higher court (like the Supreme Court) to a lower court to send up a case for review.
Marbury v. Madison (1803)
Established the principle of judicial review, giving the Supreme Court the power to declare laws unconstitutional.
McCulloch v. Maryland (1819)
Confirmed the supremacy of federal law over state law and established the 'implied powers' of Congress.
Schenck v. US (1919)
Ruled that speech can be limited if it creates a 'clear and present danger.'
Brown v. Board of Education (1954)
Overturned Plessy v. Ferguson and ruled that 'separate but equal' schools are inherently unequal.
Baker v. Carr (1961)
Established the 'one person, one vote' principle, allowing courts to hear cases regarding legislative redistricting.
Engel v. Vitale (1962)
Ruled that state-sponsored prayer in public schools violates the Establishment Clause of the 1st Amendment.
Gideon v. Wainwright (1963)
Guaranteed the right to an attorney for those who cannot afford one, regardless of the crime.
Tinker v. Des Moines (1969)
Ruled that students do not 'shed their constitutional rights... at the schoolhouse gate' (protecting symbolic speech).
NY Times v. US (1971)
Bolstered freedom of the press by limiting the government's use of prior restraint (Pentagon Papers case).
Wisconsin v. Yoder (1972)
Ruled that individual interests in the free exercise of religion outweigh the state's interest in compelling school attendance.
Roe v. Wade (1973)
Established a constitutional right to privacy that protected a woman's right to choose to have an abortion.
Shaw v. Reno (1993)
Ruled that redistricting based solely on race must be held to a standard of strict scrutiny.
US v. Lopez (1995)
Limited Congress's power under the Commerce Clause, ruling that carrying a gun in a school zone is not an economic activity.
McDonald v. Chicago (2010)
Incorporated the 2nd Amendment right to keep and bear arms to the states.
Citizens United v. FEC (2010)
Ruled that corporate and union funding of independent political broadcasts cannot be limited under the 1st Amendment.
Franking
The privilege of members of Congress to send mail to constituents for free by using their signature instead of a stamp.
Supreme Court - Life Terms
Federal judges serve for life (during 'good behavior') to ensure judicial independence from political pressure.
Political Socialization
The process by which individuals acquire their political beliefs and values (e.g., family, school, media).
Critical Elections
An election that signals a party realignment, where long-term changes in voter loyalty occur.
Establishment/Free Exercise Clause
The Establishment Clause prevents government-sanctioned religion; the Free Exercise Clause protects individual religious practice.
Plurality
Winning more votes than any other candidate, but not necessarily a majority (over 50%).
POTUS vs. Congress
Refers to the ongoing tension and struggle for power between the President and the legislative branch.
House vs. Senate
Comparison of the two chambers; the House is more formal and based on population, while the Senate is more deliberative and based on state equality.
Party Demographics
The study of which groups (age, race, gender, religion) typically vote for the Democratic or Republican parties.
Independent Regulatory Agency
A government agency responsible for making and enforcing rules to protect the public interest (e.g., the EPA or SEC).
Problem with Articles of Conf.
Included the inability to tax, no national executive, and the requirement of a unanimous vote for amendments.
Primary (open/closed) vs. General Election
Primaries select party candidates (open allows any voter; closed is party members only); General elections select the officeholder.
Amicus Curiae Briefs
'Friend of the court' briefs submitted by outside groups to influence a court's decision on a case.