WEST-E 028: Civics

Social contract

Social contract

Some freedoms sacrificed (respecting government) in exchange for government protection

Natural rights

Described by John Locke; life, liberty, and property; must be protected by the government

Republicanism

Supports individualism and natural rights, popular sovereignty, encourages civic participation

Representative democracy

type of democracy in which elected officials represent a group of people

Popular sovereignty

The idea that government power derives from the consent of the governed

Participatory democracy

a model of democracy in which citizens have the power to decide directly on policy and politicians are responsible for implementing those policy decisions.

Pluralist democracy

a model of democracy in which many parties or groups compete with each other to govern, NOT one group which dominates everything

Elite democracy

a model of democracy in which a small number of people, usually those who are wealthy and well-educated, influence political decision making.

The Declaration of Independence (1776)

A formal declaration of war between America and Great Britain written by Thomas Jefferson, including a list of grievances

Articles of Confederation (1777)

Outlined the first US government, predecessor to the Constitution

Accomplishments of the Articles of Confederatoin

• created federalism

• ended the Revolutionary War on favorable terms for the United States

• established the Northwest Ordinance

Federalism

The way in which federal and state/regional governments interact and share power

Weaknesses of the Articles of Confederation

• Could not impose taxes

• No national military

• No national currency

• No Supreme Court

• No executive branch

• No control over taxes imposed between states and could not control interstate trade

  • led to Shay’s Rebellion

• Needed unanimous votes to amend it and 9 states to approve legislation before it was passed

The Constitutional Convention (1787)

A meeting of the framers in Philadelphia during which the government’s structure was debated and decided

Unicameral legislature

Legislature with one house

Bicameral legislature

Legislature with two houses

Virginia Plan

Bicameral legislature based on population size; supported by larger states

New Jersey Plan

Unicameral legislature with one vote per state; supported by smaller states

The Great Compromise (Connecticut Compromise)

Created a bicameral legislature with a House of Representatives (based on population) and Senate (equal representation)

Three-Fifths Compromise

Enslaved people would be counted as 3/5 of a person when deciding seats in the House of Representatives

Federalists

Supporters of the Constitution; advocated for a strong central government

• Hamilton

• Madison

• Jefferson

• Adams

• Jay

Anti-Federalists

Opponents of the Constitution; preferred smaller state governments

• Partrick Henry

• Samuel Adams

• George Mason

• Richard Henry Lee

The Federalist Papers

Written by Alexander Hamilton, James Madison, and John Jay; a collection of articles supporting the Constitution

The Bill of Rights (1791)

Written by James Madison and supported by Anti-Federalists; the first 10 amendments of the Constitution which protects the rights of citizens from the government

Electoral College

Composed of elected officials from each state based on population (each given 2 votes + 1 vote per member of House of Representatives) with a total of 538 electors

Brutus No. 1

Argued that the national government had too much power, an army could prevent liberty, and representatives may not truly be representative of the people

Federalist No. 10 (Madison)

Addresses dangers of factions + how to protect minority interest groups in a nation ruled by majority, argues that a large republic keeps any single faction from taking control

Federalist No. 51 (Madison)

Argued that separation of powers would make the government efficient, dividing responsibilities and tasks

Federalist No. 70 (Hamilton)

Argued that the executive branch should only have one member: the president, proposed term limits as another way to limit the president’s power

Federalist No. 78 (Hamilton)

Addressed concerns about the power of the judicial branch, argued that the judicial branch would have the least amount of power under the Constitution but would also have the power of judicial review

Article I

Described the legislative branch

Article II

Described the executive branch

Executive order

Same effect as law, bypasses Congress in policy-making, not mentioned in the Constitution but used as part of the enforcement duties

Executive agreement

Similar to treaties between country leaders, bypass ratification power of the Senate

Article III

Described the judicial branch

Marbury v. Madison (1803)

Supreme Court increased its own power by giving itself the power to overturn laws passed by legislature (judicial review)

Judicial review

The power of the Supreme Court to overturn laws passed by legislature which are unconstitutional

Necessary and proper clause (Article I, Section 8)

Aka the elastic clause; allows Congress to make any legislation that seems “necessary and proper” to carry through its powers

Supremacy clause

Supremacy of Constitution and federal laws over state laws

Confederation

A system in which decisions are made by an external member-state legislation; decisions on daily issues are taken by special majorities, consensus, or unanimity

McCulloch v. Maryland (1819)

• Court ruled that states could not tax national bank because of the supremacy clause (issues between state and federal laws should be ruled in favor of federal) and necessary and proper clause (banks were necessary to implement federal powers)

• led to an increase in power for the federal government by ruling that it had implied powers to carry out powers listed in the Constitution

United States v. Lopez (1995)

• Held that the Gun-Free School Zones Act was unconstitutional because the commerce clause didn't allow federal regulation of carrying guns

• recognized the importance of state sovereignty by placing limits on Congress’s power under the commerce clause

Delegated/enumerated powers

Powers of the federal government explicitly named in the Constitution

Reserved powers

Powers that belong to the states

10th Amendment

Any power not given to the national government nor denied to the states in the Constitution belongs to the states

Concurrent powers

Powers shared by federal and state government

Federal government programs

Paid for by federal government through grants-in-aid, mostly administered by states

Categorical grants

Aid with strict rules from the federal government about how it should be used

Block grants

money given to states without conditions of aid and can be used by state and local governments for almost anything

Separation of powers

a fundamental principle in government structures. It divides the government's authority into different branches, each with distinct responsibilities. This aims to prevent any one branch from becoming too powerful.

• Legislative Branch: Responsible for making laws (e.g., Congress in the US).

• Executive Branch: Responsible for enforcing laws and managing the day-to-day operations of the government (e.g., the President and federal agencies in the US).

• Judicial Branch: Responsible for interpreting laws and resolving legal disputes (e.g., the Supreme Court and lower courts in the US).

Checks and balances

Each branch checks the other; designed to prevent any branch of government from becoming dominant, requires different branches to work together and share power

Veto

The power of the president to reject laws

Amendment

The addition of a provision to the Constitution

Ratifying convention

Delegates elected to vote on an amendment

Main amendment process

Proposed amendment approved by 2/3 of both houses3/4 of state legislatures must ratify the amendment

21st Amendment

Ended prohibition, used a ratifying convention

Gubernatorial veto

A governor’s veto

Line-item veto

The power to reject specific parts of a bill; denied to presidents by Supreme Court

Congress

The bicameral legislature for writing laws

House of Representatives

• A 435-member house with members apportioned by each state’s population

• approve appointments of the Vice-president (

Senate

A 100-member house with 2 members per state

Census

A survey taken every 10 years to count population and determine the number of congressional districts each state has

Redistricting

The redrawing of district boundaries to ensure each district has an equal population, done by state legislature

Gerrymandering

Drawing district boundaries to give the majority party a future advantage

Baker v. Carr (1962)

Charles Baker sued Tennessee for not redrawing its state legislative districts because his county’s population had grown but not gained representation, violated 14th Amendment

Shaw v. Reno (1993)

• White voters living in North Carolina’s 12th district sued the state for gerrymandering to isolate African Americans into the 12th district, violated equal protection clause because the state was using racial bias in redistricting

• states can’t make oddly-shaped majority-minority districts when trying to comply with the Voting Rights Act of 1965

• Decided that redistricting plans based on race must be held to a high standard of scrutiny

Voting Rights Act of 1965

• signed into law by President Lyndon B. Johnson

• suspended literacy tests

• provided for federal approval of proposed changes to voting laws or procedures (“preclearance”) in jurisdictions that had previously used tests to determine voter eligibility

Hijacking

Redrawing two districts in a way that forces two incumbents to face each other in a single district

Kidnapping

Moving an incumbent’s home into another area after redistricting

Taxing and spending clause (Article I, Section 8, Clause I)

Gives Congress much control over budgetary spending

Power of the purse

Gives Congress power to influence others by preventing access to funds or additional conditions

House of Ways and Means Committee

committee in the HoR which oversee spending laws and taxing

Delegate model (representational view)

Congress members consider themselves delegates who mirror the views of their districts

Trustee model (attitudinal view)

model of voting in which Congress members think about constituents’ views but use their best judgement when making decisions

Bill sponsor

A Congress Member who proposes a bill

Rules Committee (House)

Determines how long a bill will be debated and whether open or closed rules are used for amending

Open rules of a bill

• a procedure used by the HoR when considering a bill

• allows for more amendments to be added and time to dicuss

Closed rules of a bill

• a type of procedure used in the House of Representatives to control how a bill is debated and voted on

• limit how much lawmakers can change the bill and time spent on it

• used to fast-track bills

Filibuster

Used to delay bill’s vote and tie up Senate’s work, usually by a senator making a very long speech

Cloture

The vote which is the only way to end a filibuster, required votes of 60 Senate members

Riders

Amendments that are not relevant to a bill

Pork barrels

Riders created to get money to a home state

Earmark

Provisions in legislation that allot money to a project, not allowed by House

Conference committee

Temporary committees made up of members from committees of both houses who wrote a bill, try to create compromise bills and submit to both houses

Pocket veto

A veto which occurs if president doesn’t sign a bill into law and congressional session ends during 10 days

Line-item veto

The ability of a president to veto certain parts of a bill, Supreme Court voted to reject this power of the president

Committee chair

• typically A member of the majority party and oldest/most experienced member of majority party

• set the agenda (which bills will be considered) of their committee

• guide discussion

• lead meetings

Markup sessions

A meeting in which committees amend and rewrite parts of bills after investigations

Pigeonholed

A bill stuck in committee

Discharge petition

• a tool used in the House of Representatives. It functions as a way to force a bill out of committee and bring it before the full House for a vote

• needs the signatures of an absolute majority of House members (currently 218 members)

Standing committee

Permanent, specialized committee

Joint committee

A committee made of members of both houses, normally used for investigations or communicating with the public

Select committee

Temporary committee created in each house for a special reason, usually carry out investigations to write special bills

Speaker

The leader of the house, chosen by majority party in an election; directs floor debate, has influence over committee assignment and Rules Committee

Majority leader

The member of the majority party who is in charge of party members and determines party policy and agenda

Minority leader

The member of the minority party who is in charge of party embers and determines party policy and agenda

Whips

Help leaders keep members loyal to agenda, coordinate members, and get support for legislation

President of the Senate

Vice president, only votes to break a tie

President pro tempore

Temporary Senate president when the vice president is absent; mostly honorary position given to most senior member of majority party

Logrolling

a deal-making process among legislators. It's where they agree to trade their votes on different bills to get things passed.