Poli Sci 104 MIDTERM 1 Vocab

factions

A group that seeks to promote its own special interests at the expense of the common good

majority tyranny

majority exerts total control (one of Madisons central concerns about central government)

federalists

favored a string national government and a system of separated powers

antifederalists

feared central government would be a threat to the natural rights of the people

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

seperation of powers

dividing the powers of government among the executive, legislative, and judicial branches

Constitution as a living document

idea that the constitution evolves and changes with time (opposite of strict constructionist)

Articles of Confederation

A weak constitution that governed America during the Revolutionary War

prerogative powers

explicit powers granted to the president

implied powers

powers not explicitly named in the Constitution but assumed to exist

shared powers

powers shared between the branches of government to ensure checks and balances

enumerated powers

The powers explicitly given to Congress

Necessary and Proper Clause

elastic clause, allows the government to make laws that are necessary and proper in order to carry out their duties. (EX: draft was necessary for congress to carry out the power of raising an army)

grounds for impeachment

treason, bribery, and other high crimes and misdemeanors

the great compromise (Connecticut Plan)

Compromise made by Constitutional Convention in which states would have equal representation in one house of the legislature (New Jersey Plan) and representation based on population in the other house (Virginia Plan)

"the size principle"

idea that a larger, more diverse republic was hard to organize factions

the economic interpretation of the constitution

theory that the framers of the Constitution were self-motivated in their design of the constitution

national supremacy

the point of view that the national government should have relatively more power than the states

unfunded mandates

laws that require states to do things without providing them the necessary funding

the "switch in time that saved nine"

switch by a supreme court justice to support a New Deal legislation up for review; FDR had been frustrated by court for deeming many New Deal programs unconstitutional; FDR planned Court-Packing Bill, no need to after pass of his program

Commerce Clause (relevance for federalism)

The clause in the Constitution that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations (This led to congress trying to undermine the states and take more control/power to states or government)

new federalism

system in which the national government restores greater authority back to the states

coercive federalism

A form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw federal funding).

block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent. They are told to spend in it a particular area but "how" is up to the states to decide

categorical grants

federal grants for specific purposes

Dual Federalism (Layer Cake)

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

Cooperative Federalism (Marble Cake)

A system of government in which powers and policy assignments are shared between states and the national government.

picket fence federalism

A more refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across the levels of government.

federal

(system of government)power is split between national and state governments

unitary

(system of government) almost all power is located with the central government

confederal

(system of government) power is located with the independent states and there is little power in the central government

McCulloch v. Maryland

Supreme Court ruling (1819) confirming the supremacy of national over state government, this allowed for a National Bank. McCulloch(a national bank cashier) refused to pay state taxes imposed on only out of state banks which was only the Federal bank at the time. This helped establish the constitution gave powers to congress that weren't explicitly said.

Nullification

A state's refusal to recognize an act of Congress that it considers unconstitutional

the "race to the bottom"

a dynamic in which states compete to attract business by lowering taxes and regulations, often to workers' detriment

state sovereignty

the concept that states have the right to govern themselves independent of the federal government

10th Amendment

Powers not given to federal government go to people and States. Sets out the limits to the powers of the Federal government

11th Amendment

Prohibits citizens of one state or foreign country from suing another state.

"full faith and credit" clause

States are required to recognize the laws and legal documents of other states

devolution

the transfer of powers and responsibilities from the federal government to the states

"the double security"

Madison's belief, expressed in Federalist No. 51, that federalism and the separation of powers would protect citizens from governmental abuses of power by dividing power both within the branches of the national government and between the national government and the state governments

1st amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to bear arms

4th amendment

Protection against Unreasonable Search and Seizure

5th Amendment

protects against self-incrimination and double jeopardy

6th amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

8th Amendment

No cruel and unusual punishment

14th amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws (this extends to even newly freed slaves, certain states could not take this away)

hate speech

Expression that is offensive or abusive (particularly in terms of race, gender, or sexual orientation) It is currently protected(allowed) under the 1st Amendment.

balancing test

used by judges to resolve legal issues by balancing the interests in conflict and deciding which is of higher importance

bad tendency test

rule used by the courts that allows speech to be punished if it leads to punishable actions

direct incitement test

this test protects threatening speech under the First Amendment unless that speech aims to and is likely to cause imminent "lawless action."

good faith exception

exception to the exclusionary rule that permits the use of improperly obtained evidence when police officers acted in honest/good faith

double jeopardy

Being tried twice for the same crime (however you can bring different charges for the same crime)

establishment clause

government cannot establish/promote a religion

free exercise clause

Congress cannot prohibit or interfere with the practice of religion

prior restraint

limit on freedom of press that allows the government to prohibit media from publishing libelous material

exclusionary rule

illegally/unconstitutionally acquired evidence can not be used in trial

the "takings clause"

Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property.

civil liberties

the protections of citizens from improper governmental action (stated in negative terms as to what the government can not do) -freedoms

civil rights

protects citizens from illegal actions of other citizens (states in positive terms) -rights of the people

the "Lemon Test"

The 3-part test used by the Supreme Court to decide whether or not a government action violates the establishment clause. 1) it must have a secular purpose, 2) it must neither advance nor inhibit religion, 3) and it must not cause excessive entanglement with religion. (EX: Kennedy V Bremerton)

selective incorporation

nationalized the bill of rights, meaning that the rights here are general civil liberties that all states must follow

the "due process clause"

14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law

the PATRIOT ACT

act that gave the government increased power on surveillance of the American public in the attempt to intercept terrorism(Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism)

Intermediate Scrutiny

An intermediate standard used by the Supreme Court to determine whether a law is compatible with the Constitution. A law subject to this standard is considered constitutional if it advances "an important government objective" and is "substantially related" to the objective

strict scrutiny

A Supreme Court test to see if a law denies equal protection because it does not serve a compelling state interest and is not narrowly tailored to achieve that goal

casework

Activities of members of Congress that help constituents as individuals; cutting through bureaucratic red tape to get people what they think they have a right to get

whip system

An organization of House leaders who work to disseminate information and promote party unity in voting on legislation.

pork barrel politics

Legislation that gives tangible benefits (highways, dams, post offices) to constituents in several districts or states in the hope of winning their votes in return.

logrolling

An agreement by two or more lawmakers to support each other's bills

impeachment

process of removal from office

trustee

representative who does the right thing (responsible lawmaking)

delegate

a representative who does what their constituents want (responsiveness)

politico

representatives act as trustee or delegate depending on the issue

credit claiming

The efforts by members of Congress to get their constituents to believe they are responsible for positive government actions.

position taking

when members of the congress take positions on certain issues so that they have a better chance of being re-elected.

reforming congress

the desire/dream that congress will be more responsive if... 1) create term limits 2)reduction of salaries 3)requiring a balance budget

descriptive representation

A belief that constituents are most effectively represented by legislators who are similar to them in such key demographic characteristics as race, ethnicity, religion, or gender

home style

The way a member of Congress behaves, explains his or her legislative actions, and presents himself or herself in the home district.

geographic representation

a legislature divided according to geography, in which people are represented by the area they live in

norms of reciprocity

various norms that provide an informal structure for how congress works

Seniority

the one who has served the longest becomes the chair of the committee

specialization

specializing and becoming an expert on a particular issue (benefit of having congressional committees)

filibuster

Unlimited debating in the Senate as long as the person remains standing and speaking.

cloture

A procedure used in the Senate to limit debate on a bill (bill will be killed by a supermajority)

Congressional oversight

the effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies

party unity

The extent to which members of Congress in the same party vote together on party votes.

Party Leadership in Congress

parties provide a team framework that allows members to work together for broadly beneficial goals

congressional committees

a legislative sub-organization in the United States Congress that handles a specific duty

Amending the Constitution

Needs approval of two-thirds of Congress and three-fourths of the states

Impeachment Process

Two stages: (1) House decides to impeach (accuse) target (simple majority); (2) Senate holds trial to convict (2/3 majority). Andy Johnson and Bill Clinton were impeached but not convicted. Nixon resigned as Articles of Impeachment were being drafted!

central tensions faced by the Founders at the Constitutional convention

representation in Congress, the powers of the president, how to elect the president (Electoral College), slave trade, and a bill of rights.

the "liberal tradition" in America

Tradition of moderation and pragmatism (Louis Hartz - the liberal tradition in America) Importance of compromise.
The idea of limited Government, freedom and autonomy from government control, belief in free market, and individual liberty.

general revenue sharing

the process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula; revenue sharing typically involves the national government providing money to state governments

Competitive Federalism

A form of federalism in which states compete to attract businesses and jobs through the policies they adopt.

doctrine of interposition

The idea that if the national government passes an unconstitutional law, the people of the states (through their state legislatures) can declare the law void. This idea provided the basis for southern secession and the Civil War.

Miranda Rights

Rights possessed by persons who are arrested by the police. (Remain silent, Attorney, etc.)

cruel and unusual punishment

Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.

right to privacy

The right to a private personal life free from the intrusion of government.

market place of ideas

a concept at the core of the freedoms of expression and press, based on the belief that true and free political discourse depends on a free and unrestrained discussion of ideas