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John Locke
expanded Hobbes’ social contract
Baron de Montesquieu
seperation of powers
Select committee
temporary comittee created for specific purpose (ex: Missouri Compromise)
House rules committee
gatekeeper for all legislation
decides where votes take place and asisgns bills to various committees for debate and revision p
Great Compromise
combined Virginia + New Jersey plan
reserved powers
state powers
Magna Carta
limited royal power (even king is subjected to law)
Virginia’s House of Burgesses
representative democracy
US v Lopez
pulled back Congress’s power by using Commerce Clause powers
Cooperative (marble-cake) federalism
Funded / Unfunded Mandates
rules of what states MUST do regardless of getting money or not
Revenue sharing
federal money to the states with NO strings attached
Devolution
attempt to give some power back to the states
Pluralist theory
power rests in the hands of people
Toll good
good that is available but is only used by those who can afford it
ex: private schooling
Supremacy Clause
federal law is superior to state law
Crosscutting mandate
failure to comply w these mandates results in criminal + civil penalties like reduction of federal grants, prosecution of officers
ex: racial discrimination laws
Unfunded Mandates Reform Act (UMRA)
restrain federal gov’s use of mandate
placed greater scrunity on Unfunded Mandates by the federal gov
Real ID Act (2005)
federal law requiring IDs to contain standardized anti-fraud security measures
costs a lot, states need to pay
ex of coercive federalism
Dual federalism
Federal gov + states have exclusive authority in distinct spheres of jurisdiction
layer-cake federalism
Lochner v New York
NY’s "Bakeshop Act” regulating working hours was unconstitutional bc it violated 14th Amendment’s Due Process clause
right to sell / buy labor is a “liberty of the individual” from the Constitution
“freedom of contract”
Cloture motion
only way to end fibuster
support from 16 senators + 2/3rds vote to accept motion
Earmark
setting aside parts of a budget 4 specific projects
ex) setting aside parts of military budget 2 buy fighter jet
Logrolling
2 legislators agree to trade votes for each other’s benefit
can create pork barrelling
Executive Agreement
president's power to make agreements w foreign governments
don't need Congress approval
Bully pulpit
president using his prestigious role 2 influence national agenda
coined by Teddy Roosevelt
Judicial Review
power of judicial to rule on the Constitutionality of law
Courts of Appeals
12 federal courts that hear appeals from lower courts
make sure law was handled correctly
3 judges + No jury + ONLY have appellate jurisdiction
District Courts
94 federal courts that hear original cases
found in every state
1 judge + jury
hear all federal crimes + make decision (first line of defense)
only has original jurisdiction
Pendleton Civil Service Act
federal jobs became based on merit instead of patronage
assassination of James Garfield
D.C. v Heller 2008
individual has right to possess loaded firearm in their homes
8th Amendment
unconstitutional to give “cruel and unusual punishments” including death penalty
Double Jeopardy
protection against being tried / punished twice 4 same crime
has exceptions
Taking the Fifth
refusing to be a witness of your own crime
Miranda v Arizona 1966
established Miranda Rights
right to remain silent
mentally ill Ernesto Miranda was arrested and confessed, however it was self-incrimination
14th amendment was broken
Gideon v Wainwright 1963
every criminal is entitled to legal counsel
6th Amendment (defendants right to attorney)
Gideon was accused of burglary + denied a lawyer + convicted after representing himself, SC overturned charges
Due Process Clause
natural rights of citizens cannot be taken w/o due process of law
Equal Protection Clause
no person can be deprived of rights due to race
Title IX 1972
amendment to Voting Rights Act
sex discrimination in educational programs/activities
ex) adding female athletics
Gritter v Bollinger 2003
pro-affirmative action
Uni of Michigan’s race factor did not violate Equal Protection Clause
Gratz v Bollinger 2003
anti-affirmative action
Uni of Michigan’s undergrad admissions policy was violation of Equal Protection Clause (too inflexible and not consider adequately circumstances)
Monetary Policy
gov promotes economy by using control of money supply + interest rates
determined by Federal Reserve
Fiscal Policy
gov promotes economy by taxing and spending
printing money, raising/lowering interest rates
Supply-side economics
encourages tax cuts + deregulation
Reaganomics
Obergefell v Hodges 2013
legalized same-sex marriage across US
Mandates
gov tells state to do smth in order to receive federal money
ex) Clean Air Act, ADA (Americans w Disabilities)
Valence issue
issue most voters will agree w (economic prosperity, helping elderly)
leads to party cooperation
Position issue
divided voters (gun control, death penalty)
Standing Committee
most important committee
handles bills in diff broad policy areas
Rules Committee
most powerful committee
ability to kill / quickly process a bill to be passed
Politico model
combo of delegate + trustee models
political side of representation (if constituents began 2 protest representatives vote, the representative will change response 2 represent their constituents)
Partisianship
voting based solely on ones party
can lead to gridlock
Gridlock
gov cannot reach a decision
can come from partisianship
Conference Committee
when House + Senate pass different versions of same bill (need 2 iron out differences)
Amicus Curiae Brief
voluntary advisors to a court of law in a particular case
Rule of Four
at least 4 judges must agree to review case in order to take it
Iron Triangle
Congressional subcommittee, bureaucratic agency, and interest group find it mutually beneficial 2 support each other
Voting Rights Act of 1965
allowed fed gov to register voters in districts where less than 50% of African American adults were registered to vote
fed gov could also register voters in places w discrimination
Rehabilitation Act of 1973
defines an inaccessible environment as form of discrimination
Quota Systems
requirements of business / organizations to meet certain # of minority members
Benchmark polls
1st type of polls used, often b4 candidate declared they're running
used to gather info abt ppl’s views/concerns
Ex Post Facto Clause
Congress cannot pass a law that punishes a person retroactively
ex) person canot be punished for smth that wasn't a crime when committed
Full Faith and Credit Clause
states must honor each other’s decisions
ex) marriage in one state is valid in another
Privileges and Immunities Clause
states can't treat newcomers worse than their own citizens
Political Action Committee (PAC)
raises money w goal of supporting candidates
limits that can donate to a candidate
Senate requirements
30 yrs +
lived in state for 9+ yrs
House requirements
25 yrs +
lived in state for 7+ yrs
President has _ days to veto bill
10
Supreme Court is compromised of
9 judges
no jury
Policy agenda
set of issues that gov prioritizes 4 discussion and action
Bureaucratic Theory
bu
Constituency groups
group of people represented by an elected official
delegate model
direct mouthpiece for constituents’ expressed wishes
trustee model
uses their own judgment to make decisions
District Courts have
94 trial-level courts
hear federal criminal + civil cases
Congressional oversight
holds executive branch accountable and ensure laws are fully implemented
implied power from Article I