American Government

politics

the process by which we decide how resources should be allocated and which policies government will pursue

government

the means by which society organizes itself and allocates authority in order to accomplish collective goals and provide benefits that the whole society needs

public goods

goods provided by the government that anyone can use and that are available to all without charge

private goods

goods provided by private businesses that can be used only by those who pays for them

describe the role of the government in provision of public goods 

since the free market can’t provide for all of the public needs, some goods are provided by the government (national defense, public transportation, education, postal services)

key differences between between capitalism and socialism

1. capitalism relies on free market where private individuals and businesses own the resources to produce goods and services

2. socialism relies on the government as the means for generating wealth. the government owns these means (farms, banks, factories), accumulates wealth, and redistributes it to the people

totalitarian

a form of government where the government is all powerful and people have no rights

oligarchical (aka autocratic)

only members of a certain political party or ruling elite can participate in government

democratic

political power rests in the hands of the people

direct democracy 

people participate directly in government decisions

representative democracy

voters elect representatives to make decisions and pass laws on behalf of all the people (people do not vote directly on laws)

republic

power belongs to a body of citizens entitled to vote and that power is exercised by the elected leaders/representatives

(absolute) monarchy

one ruler (usually hereditary) holds political power

democratic republic

referendum

a direct vote by all of the people on a specific law, proposal, or political question (choice goes directly to voters)

majoritarianism

decisions of a group/nation are made by numerical majority

elite theory

a set of elite citizens are in charge of the us gov

pluralism

political power rests with competing interest groups who share influence

latent preferences

not deeply held and may change over time

intense preferences

based on strong feelings that someone adheres to over time

philosopher who influenced the political thought of british colonists in america

john locke

natural rights developed by john locke

life, liberty, and property

social contract

1. an agreement between a people and their government

2. people sacrifice a small portion of freedom and consent to be ruled in exchange for protection of their liberties

explain how the british colonies in america were governed

allowed for self-governance to a degree, and many colonies est their own legislatures

who held the executive power in the colonies?

the king

who held legislative power in the colonies?

parliament

how was suffrage restricted in the colonies

only property owning males could vote to elect representatives in parliament

principal points of the declaration of independence

1. announced colonies separation from england

2. identified God-given rights of life, liberty, and the pursuit of happiness

3. “whenever the governent becomes destructive of these rights, it is the right of the people to alter or abolish it”

did the declaration of independence serve as a constitution

no

List the powers which the articles of confederation gave to the national government

1. coin money

2. conduct diplomacy

3. manage relations

4. est postal service

5. declare war (but couldn’t raise army)

weaknesses of national government under the articles of confederation

1. couldn’t impose tariffs on foreign imports

2. couldn’t regulate interstate commerce

3. couldn’t raise army or navy

4. each state had only one vote in congress

5. no national judicial system

virginia plan

1. bicameral legislature (2 houses)

2. representation would be based off of population

new jersey plan

1. unicameral legislature

2. representation would be equal

great compromise

congress would consist of 2 houses (house of representatives and senate)

each state would have 2 senators, representation in the house would be population based

3/5ths compromise

slave holding states could count all of free population and 60% of enslaved population towards representation

who proposed the great compromise?

robert sherman

federalists

supported ratification of the constitution

anti-federalists

did not support ratification of the constitution

what was the goal of the federalist papers?

1. a collection of 85 essays

2. authors were hamilton, madison, and john jay

3. argued for a strong central government

4. supported constitution

5. assured citizens that central government wouldn’t become too powerful

checks and balances

1. gives each of the 3 branches of government the power to restrict the actions of the others

principle checks and balances in the us constitution

1. congress can make laws, but only the executive the judicial branches can enforce laws and try cases arising under federal law

2. president can veto laws

3. congress can bypass the president’s veto by sending the bill back to congress, where, if 2/3rds majority in both the house and the senate approve, it becomes a law

4. congress can refuse to declare war or provide funds for the military

5. president must seek the advice and consent of the senate before appointing members of the supreme court

6. senate approve ratification of all treaties signed by the president

7. congress can remove the president from office

bill of rights

first 10 amendments to the constitution designed to protect fundamental rights and liberties

why was the bill of rights added to the constitution?

1. guarantees protection of individual liberties

2. prior, the constitution had not contained reassurances that the federal gov would protect certain rights

1st (most common) method to amend the constitution

proposed by congress, approved by 2/3rds in both house and senate, and ratified by 3/4ths of state legislatures

2nd method to amend the constitution

congress receives petitions from 2/3rds of states, calls a convention for the purpose of proposing amendments, sends amendment to the states to be ratified by a 3/4ths majority

only elected federal institution in the first decades after independence

house of representatives

why was federalism was adopted in the United States

divides powers between two levels of government (state and federal government) and creates a mechanism for them to check and balance each other

confederal system

1. authority is concentrated in the states

2. authority is decentralized

3. central gov’s ability to act depends on the consent of subnational govs

federal system

creates two relatively autonomous levels of government, each possessing the ability to directly on behalf of the people with the authority granted by the national constitution

unitary system

subnational governments are dependent on national governments, where authority is concentrated

federal government's enumerated powers

1. tax/borrow money

2. regulate interstate and foreign commerce

3. coin money

4. make laws of naturalization

5. declare war and raise armies

6. establish courts

7. establish a postal system

8. punish counterfeiting

9. establish copy write laws

10. make laws necessary and proper to carry out responsibilities

states' reserved powers

1. regulate interstate commerce

2. conduct elections

3. provide for public health, safety, and morals

4. establish local governments

5. maintain militia

6. ratify amendments to the constitution

powers denied to the states

1. tax imports/exports

2. coin money

3. enter treaties

4. impair obligation of contract

5. abridge the privileges or immunities of individuals, deny due process/equal treatment under the law

concurrent powers

1. levy/collect taxes

2. borrow money

3. make/enforce laws

4. est courts

5. charter banks/corporations

6. take property for public purposes with just compensation

elastic clause

1. last clause of article 1 section 8

2. make all laws necessary and proper for carrying out all constitutional responsibilities

supremacy clause

constitution and federal laws are the supreme law of the land

two most important sources of revenue at the federal level

1. income tax (47%)

2. payroll tax (38%)

two most important sources of revenue at the state level

1. taxes (property, sales, income—39%)

2. federal support (25%)

two most important sources of revenue at the local level

1. taxes (property, sales, income—37%)

2. federal and state support (30%)

three largest spending items in the federal budget

1. medicare/medicaid

2. social security

3. other

McCulloch v. Maryland

1. 1819

2. ruled that a national bank fell under the necessary and proper clause

3. the bank was a an appropriate instrument that enabled the gov to carry out its enumerated powers, such as regulating interstate commerce, collecting taxes, and borrowing money

4. ruling established doctrine of implied powers, granting congress a vast source of discretionary power to achieve its constitutional responsibilities

Gibbons v. Ogden

1. 1824

2. court had to interpret the commerce clause of article 1 section 8

3. had to determine whether the federal gov had the sole authority to regulate the licensing of steamboats

4. ruled in favor of gibbons and strengthened national gov

which constitutional clauses did the supreme court invoke in these cases? 

1. McCulloch v. Maryland — necessary and proper clause/supremacy clause

2. Gibbons v. Ogden — commerce clause

dual federalism

states and national government exercise exclusive authority is delineated spheres of jurisdiction

cooperative federalism

born of necessity, both levels of government coordinated their actions to solve national problems

why was dual federalism adopted?

adopted in the 1870s in response to industrialization—curtailed widespread anticompetitive practices

benefits of federalism

1. local govs can tailor laws to fit their needs

2. increases participation in government

3. prevents tyranny

drawbacks of federalism

1. wealth gap

2. lack of uniformity

3. blocks federal action

devolution

a process in which powers from the central gov in a unitary system are delegated to subnational units

federal mandate

1. backed by the threat of penalties for non-compliance

2. may provide little compensation

unfunded mandates

federal laws that impose obligations on state/local govs without fully compensating for administrative costs they incur

categorical grants

limit recipient’s discretion in the use of fund and subject them to strict criteria

block grants

provide recipients more flexibility

principal benefits of cooperative federalism

national and state governments share responsibility and collaborate to solve problems

Obergefell v. Hodge

1. 2015

2. legalized same-sex marriage across entire us

3. 14th amendment requires all states to issue marriage licenses and recognize out of state couples

United States v. Lopez

1. 1995

2. ruled that congress had exceeded its authority under the commerce clause by passing the gun-free school zones act of 1990

characteristics of federal government

1. est 2 levels of gov, with both levels elected by the people

2. each level is assigned different functions

3. all have a written constitution that cannot be changed without substantial consent of subnational gov

4. subnational govs are always represented in the upper house

define the rights listed in the original constitution

1. prohibits passage of bills of attainder

2. prohibits ex-post facto laws

3. limits ability of congress to suspend writ of habeas corpus

which article were these original rights listed in?

article 1 section 9

bill of attainder

a law that convicts/punishes someone without trial

ex-post facto laws

used to punish crimes that were not crimes at the time they were committed

writ of habeas corpus

demand that a neutral judge decide whether someone has been lawfully detained

why was the bill of rights added to the constitution?

anti-federalists believed national gov would expand its powers and that citizens couldn’t depend on the judgement of congress to defend their rights

selective incorporation

when did selective incorporation start?

main provisions of each amendment that form the bill of rights

determine whether following actions would be lawful under the 1st amendment

explain what restrictions churches face if they want to claim tax-exempt status

main provisions and the importance of the 14th amendment

main current exceptions to freedom of speech and expression

to what extent is commercial speech protected under the 1st amendment?

describe the supreme court's jurisdiction over the death penalty

explain the constitutional basis of the right to privacy

how has the rights to privacy been applied to the contraceptives and abortion controversies

exclusionary rule

1. from supreme court case mapp v ohio

2. evidence obtained from an illegal search or seizure can’t be used to try someone for a crime

miranda warning

informs person arrested or subject to interrogation of their rights

eminent domain

power of gov to take or use property for a public purpose after compensation (aka 5th amendment takings clause)

imminent lawless action test  

only speech/writing that constitutes a direct call or plan to imminent lawless action can be suppressed

nyt v u.s.

1. 1971

2. pentagon papers case where supreme court ruled that gov couldn’t prohibit the nyt and wp from publishing pentagon papers

gideon v. wainwright

1. 1963

2. clarence gideon was accused of breaking and entering, denied a lawyer, and sentenced to 5 years. wrote to the supreme court, who ruled in his favor