American Government Flashcards

Flashcards on American Government lecture notes to help you review and prepare for your upcoming exam.

Popular Sovereignty

The people are the ultimate ruling authority and elect officials to make laws; concept described by Jean Rousseau in The Social Contract.

Republicanism

Limited, elected government assured natural rights for citizens and made decisions for the public interest; foundation of American gov.

Natural Rights

Inherent rights of all people, including life, liberty, and property; idea popularized by John Locke's Second Treatise of Civil Government.

Social Contract

Agreement between government and the people; government secures natural rights and people follow the law; concept described by Jean Rousseau and Thomas Hobbes.

Consent of the Governed

Governance based on the approval and participation of the people, not monarchs; supported by John Locke.

Separation of Powers

Division of government into legislative, executive, and judicial branches; idea described by Baron de Montesquieu.

Articles of Confederation

First national government of the United States; a confederacy of states with states' power exceeding federal power and a weak federal government.

Elite Democracy

Representative democracy where elites have the most influence; proponents argue it creates a competent government and spread of power.

Federalist No. 10

Essay arguing that the Constitution limits the power of factionalism and personal gain by creating a system of pluralist representation on different levels.

Representative Republic

A system where a President and Representatives in the House of Representatives are elected to represent common interests.

Representative Democracy

Elected officials represent people’s concerns in government.

Participatory Democracy

Direct democracy where people vote directly on laws; implemented at the state/local levels due to difficulty to implement on a national level.

Pluralist Democracy

Variety of nongovernmental groups (interest groups) compete to influence policy; causes slow policy making b/c of competition but allows many groups to have a voice.

Anti-Federalists

Individuals who opposed the ratification of the Constitution, believing it was implausible to have a national representative in such a large republic.

Brutus No. 1

Anti-federalist version of the Federalist Papers; a national representative system would be impossible to implement as competition between different groups would be inefficient and undermine local powers/solutions.

Federalists

Individuals who wanted to ratify the Constitution; Alexander Hamilton, James Madison, John Jay.

Shays' Rebellion

An event that exposed the weaknesses of the Articles of Confederation and led to discussions on the ratification of the Constitution.

The Great Compromise

Established a bicameral legislature (HOR & Senate; HOR based on population, equal representation in Senate [picked by state legislature]), stronger President, & Supreme Court.

3/5s Compromise

Compromise in which 3/5 of slaves were counted for representation.

Electoral College

Compromise to have a group of electors for each state (HOR members + Senators); states (elites) elect the president; not the popular vote.

Commerce Compromise

allowed government to impose a tariff on imports only & the ability to regulate interstate commerce.

Federalist No. 51

Essay arguing a separation of powers will guard against tyranny and allow for each branch to have its own autonomy.

Checks and Balances

Each branch can limit one another's power to avoid tyrannous majorities.

Federalism

The sharing of powers between national and state govs; U.S. Constitution created a federal republic system with a system of checks and balances between federal and state governments.

Supremacy Clause

Makes the Constitution & national law, treaties, and presidential actions above state laws.

Necessary and Proper Clause

Grants implicit power to Congress; can stretch the Constitution for necessary decisions.

10th Amendment

Any powers not delegated (expressed) to the federal government are given to states; reserved powers not specifically stated go to states.

McCulloch v. Maryland (1819)

Supreme Court case ruling that Congress has implied powers & states cannot tax federal institutions.

Dual Federalism

System where the national government is supreme in its sphere, while states are equally supreme in their own sphere; allows both bodies to interact on things simultaneously.

U.S. v. Lopez (1995)

Supreme Court case that says Congress cannot invoke the Commerce Clause; federal gov. has no right to regulate behavior in a state-run school.

Article I

Outlines the bicameral legislature; created to represent citizenry at large & states; laws need to pass both houses w/ a simple majority to be enacted.

Implied Powers

Necessary and Proper clause (elastic clause) - Congress can enact laws “which shall be necessary and proper for carrying into Execution the foregoing Powers”.

Senate Majority Leader

Chief of legislator; first recognized in debate, sets legislative calendar, determines which bills reach the floor; guides majority party.

Filibuster

Speaking for an extremely long amount of time until the deadline for voting expires; blocks bill; can allow a minority to block a bill;.

OMB

Office of Management and Budget; President’s budgeting arm/accountant; considers fiscal & econ philosophies to come up with a budget.

Delegate Model

Used in House; member representing & voting for a constituency; substantive representation: advocating on a specific constituency only.

Trustee Model

Used in Senate; member believes their constituency chose them to make their best judgement; doesn’t necessarily vote with constituency; sidesteps concerns of an uniformed constituency reacting w/ emotion.

Gerrymandering

Strategically redrawing boundary lines to benefit one party.

Article II

Vests powers in President; has power to issue pardons, appoint ambassadors, judges, & cabinet members, recommend legislative measures to Congress & veto bills, adjourn or convene Congress whenever.

Executive Agreement

Resembles a treaty but does not require Senate’s ⅔ vote; not binding & cannot contradict prior treaties.

Executive Order

Action/law a President can pass w/o Congress.

Signing Statements

Presidents can offer explanations of their interpretations of bills (signing statements) & how they will carry out that law; cannot rewrite a law.

War Powers Act

Maintains President’s need for urgent action but preserves war-declaring authority to Congress.

Federalist No. 70

Argues for the addition of Article II in the Constitution; claims a single executive will allow for more accountability, liability, and unity.

Article III

Vested powers of courts; created Supreme Court & allowed Congress to create inferior courts.

Judicial Review

Allows Supreme Court to strike down legislative laws & declare them unconstitutional.

Common Law

Group of court decisions that make up part of the law.

Precedent

Ruling that firmly establishes a legal principle; later followed by subordinate courts.

Bureaucracy

Executive departments created by Congress to take on services such as interstate highways, air traffic, border protection, etc; Federal agencies interpret, administer, and enforce laws.

IRAs

Independent Regulatory Agencies; enforce & regulate industry-specific laws & issue fines & punishments.

Amicus Curiae

Solicitor General may submit one; argues for a particular ruling in the case; has no real power and is more a suggestion.

Influence

Congress create big-picture laws & some regulations, President picks heads, Courts can overturn regulations, interest groups fight for influence on regulations.

First Amendment

Grants freedom of religions, speech, press, assembly, & petition.

Schenck v. United States (1919)

Supreme Court case ruling speech representing “a clear and present danger” is not protected by the 1st Amendment.

Engel v. Vitale (1962)

Supreme Court case ruling school-sponsored prayer violates the establishment clause in first amendment.

Tinker v. Des Moines Independent Community School District (1969)

Supreme Court case ruling students in public schools are allowed to wear armbands as symbolic speech; protected by the the first amendment.

New York Times Co. v. United States (1971)

Supreme Court case limiting prior restraint; the government cannot forbid a press publication ahead of time due to the freedom of press clause.

Wisconsin v. Yoder (1972)

Supreme Court case ruling that Amish cannot be required to attend school past 8th grade as it violates the free exercise clause within the first amendment.

McDonald v. Chicago (2010)

Supreme Court case addressing the right to bear arms to protect one’s property; second amendment applies to the states through selective incorporation.

Gideon v. Wainwright (1963)

Supreme Court case ruling that states must provide poor defendants with an attorney due to the sixth amendment.

Roe v. Wade (1973)

Supreme Court case concerning abortion; in a woman’s privacy, but states have legitimate interest in protecting the unborn; relies on the privacy rights implied in the first, third, fourth, fifth, and ninth amendments.

Freedom of Religion

Establishment Clause: prohibits government from establishing a national religion; Free Exercise Clause: prevents governments from stopping religious practices (unless if illegal or threat to communal good).

Fourteenth Amendment

Says no state can “deprive any person of life, liberty or property without due process of law”.

Obscenity

Obscene speech is not protected in 1st amend, yet no national standard defines it.

Prior Restraint

Government cannot stop press from printing something in advance.

D.C. v Heller

Supreme court case ruling the 2nd amendment protects individuals rights to bear arms, not just militias.

Exclusionary Rule

evidence the government finds or takes in violation of 4th Amendment can be excluded from trial.

Right to Privacy

Not specifically stated anywhere but mostly implied in 1st, 3rd, 5th, 9th, & 14th Amendments.

Political Socialization

Process in which people continually develop and form political beliefs.

Millennials

Generation that are highly educated, in support of government action, & high news consumption; more liberal and likely to stay more liberal than other generations.

Public Opinion Polls

Gauge attitudes on issue for candidates in an election; use cross-section of population.

Political Ideology

Consistent set of ideas which general fall within two camps.

Conservatives

Typically believe in law & order, order>liberties, small government, harsh punishment, “traditional” values, etc.

Liberals

Liberties>order, bigger government w/ higher taxes, progressivism, etc.

Social Safety Net

Libs believe gov needs to provide a stronger safety net; gov services (Social Security, etc.); must be covered under mandatory spending.