american politics exam 1

rationality principle

All political behavior has a purpose

Institution Principle

Institutions structure politics

principal-agent relationship

the agent (elected official) is expected to act on the principal's (citizen's) behalf

transaction costs

the cost of clarifying each aspect of a principal-agent relationship and monitoring it to make sure arrangements are complied with

Collective Action Principle

All politics is collective action; the pooling of resources and the coordination of efforts and activity by a group of people to achieve common goals

policy princple

political outcomes are the products of individual preferences, institutional procedures, and collective action

history princple

how we got here matters

Proclamation of 1763

prevents colonists from expanding westward

Salutary Neglect

An English policy of not strictly enforcing laws in its colonies. colonists are left to govern individually

Treaty of Paris (1783)

ended the revolutionary war

Articles of Confederation and Perpetual Union

left states as largely individual nations, limited central government

Shay's Rebellion

Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787. It highlighted the need for a strong national government.

Constitutional Convention (1787)

set out to revise the Articles of Confederation

Virginia Plan

James Madison- representation for each state in government was proportional to that state's population

New Jersey Plan

William Patterson- all states would get equal representation in government, regardless of population

Great Compromise/Connecticut Compromise

created a bicameral legislature, with the House of Representatives (VA plan) and a Senate (NJ Plan)

Bicameral Legislature

a legislative body composed of two chambers/houses

Three-Fifths Compromise

Agreement that each slave counted as three-fifths of a person in determining representation in the House for representation and taxation purposes

expressed powers

powers explicitly granted by the Constitution to the government

necessary and proper clause/elastic clause

gives congress power to make all laws needed to exercise powers listed in Article I, Section 8

commerce clause

gives Congress the power to regulate commerce with foreign nations, among the several states, and with Indian tribes (Article I, Section 8)

Executive Branch

president was established in Article II

Judicial Branch

created in Article III --> supreme court (settles disoues between state and federal laws)

judicial review

power of the court to determine whether the actions of the president, congress, and state legislatures are in accordance with the Constitution

Article IV

states cannot discriminate against citizens of other states

Supremacy Clause

national laws supersede all other laws passed by the state. national laws and treaties are the supreme law of the land (Article VI)

Federalists vs. Antifederalists

FEDERALISTS

- supported constitution and strong national government

- largely property owners, creditors, and merchants

**- view on tyranny: it comes from popular majority and government prevents it

ANTIFEDERALISTS

- opposed Constitution, wanted a decentralized national government

- largely small farmers, frontiersmen, debitors, shopkeepers

**- View on tyranny: it comes from the tendency of governments to become aristocratic

Amendment process

1) passage in Senate and House by 2/3 vote, ratification by majority vote in the legislatures of 3/4 of the states (MOST COMMON)

2) passage in Senate and House by 2/3 vote, ratification by conventions called for that purpose in 3/4 of the states

3) Passage in a national convention called by Congress in response to petitions by two-thirds (now 34) of the states; ratification by majority vote in the legislatures of three-fourths of the states.

4)Passage in a national convention, as in method 3; then ratification by conventions called for that purpose in three-fourths of the states.

federalism

A system of government in which a written constitution divides power between a central, or national, government and several regional governments

reserved powers

anything not explicitly given to the Federal government and not expressly denied to the states is given to the states (10th Amendment)

concurrent powers

Powers held jointly by the national and state governments.

eminent domain

Power of a government to take private property for public use, give appropriate compensation to the owner.

police power

the power reserved to the state governments to regulate the health, safety, and morals of citizens

problems of state governments

weak constitutional and institutional foundations, lack of civic engagement, long histories of corruption, plural executive (governors work in teams, hard to get things done)

full faith and credit clause

each state must honor governmental and judicial actions that take place in another state (Article IV, Section I)

comity clause

prohibits states from enacting laws that discriminate against people from other states (Article IV, Section 2)

home rule

power delegated by the state to a local unit of government to manage its own affairs

dual federalism

fundamental governmental powers shared by federal and state, with state exercising the most important powers (layer cake)

cooperative federalism

emerge after New Deal; grants-in-aid used to help states achieve national goals (marble cake)

grants-in-aid

funds given to states on the condition they be used for a specific purpose --> allow government to influence state policy under the threat of withholding funds

categorical grants-in-aid

funds given to states on the condition the be used for a specific purpose

project grants

states apply for grants and government decides who gets it

formula grants

older system- government used a formula to decide how much states would recieve

regulated federalism

system today, congress imposes legislation on state+local governments that requires them to meet national standards

South Dakota v. Dole (1987)

Supreme Court rules that federal mandates must be unambiguous and cannot force states to violate the U.S. Constituion. Also said Congress may attach reasonable conditions to federal funds given to states, even if it influences an area like drinking ages that states normally regulate.

unfunded mandates

national standards imposed without funding, reformed by Unfunded Mandates Reform Act (UMRA)

Unfunded Mandates Reform Act (UMRA)

says that unfunded mandates can be stopped in Congress if the cost will be too high

block grants

funds given with relatively few restrictions

McCulloch v. Maryland (1819)

the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers

Gibbons v. Ogden (1824)

gave Congress exclusive power to regulate interstate commerce (commerce clause reaffirmed)

National Labor Relations Board v. Jones & Laughlin Steel Corporation (1937)

JLSC fired workers for forming a union and claimed the SC couldn't interfere because it was a state issue. SC rule that because they were a large company that operated in multiple states, the NLRB could interfere

United States v. Lopez (1995)

courts struck down a federal law that barred handguns near schools because that exceeded congress's authority under the commerce clause

Printz v. United States (1997)

held that the federal government could not require states to enforce background checks when purchasing firearms

Gonzales v. Oregon (2006)

dealt with assisted suicide- ruled that the federal government could not restrict state laws about how drugs were used so long as the drugs were legal

Murphy v. NCAA (2018)

ended federal ban on sports gambling

checks and balances

how the branches interact with each, keeping each other in check

legislative supremacy

preeminent position within the national government that the constitution assigns to congress

divided government

when one party controls the White House and the other controls Congress

executive priviledge

claim that communications between president and close advisers should not be reveal without president's consent

habeas corpus

Constitutional protection against unlawful imprisonment, requires government to prove detainment is lawful

Military Commissions Act (2006)

declared those at guantanamo bay did not have a right to habeas corpus. this was struck down in 2008, stating HC was a fundamental right

civil liberties

the protections of citizens from improper governmental action; what the government can't do/how they should act

Barron v. Baltimore (1833)

city of baltimore did construction that ruined Barron's wharf. Barron sued, claiming the city deprived him of property (citing 5th Amendment). SC ruled that the Bill of Rights did not apply to state governments, only the federal government (dominant view before the civil war)

Slaughter House Cases (1873)

local butchers sued Louisiana because they gave a monopoly in the slaughterhouse business to someone. Supreme Court determines federal government is under no obligation to protect the privileges and immunities of citizens against arbitrary actions of their state's government

selective incorporation

one-by-one application of the provisions of the Bill of Rights to the states

Palko v. Connecticut (1937)

Palko was charged with 1st degree murder, but convicted for 2nd degree. Connecticut appealed for 1st degree, but Palko claimed it was double jeopardy. Courts upheld 1st degree because Connecticut did not have a guarantee against double jeopardy (despite the 14th amendment). Reversed in Benton v. Maryland (1969)

Brown v. Board of Education (1954)

ended racial segregation in schools

Gideon v. Wainwright

incorporates right to counsel in a state criminal trial (sixth amendment)

Mapp v. Ohio

illegally obtained evidence is inadmissable

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police. (miranda rights)

Benton v. Maryland (1969)

incorporated double jeopardy, reversed Palko

establishment clause

part of the first amendment, "Congress shall make no law respecting an establishment of religion"

free exercise clause

part of the first amendment, "… or prohibiting free exercise thereof." people can practice whatever religion they choose

Lemon v. Kurtzman (1971)

Lemon Test for Establishment Clause

(1) Primary purpose and effect of law must be secular; (2) Law cannot create "excessive entanglement" of government with religion (subjective standard) --> test for state aid to religious schools

Kennedy v. Bremerton School District (2022)

High school football coach - did prayers with students outside of school (during practice) - Holds school public schools cannot tell teachers to refrain leading prayer while doing extracurricular activity. abandoned the lemon test after this

Carson v. Makin (2022)

The U.S. Supreme Court decided that Maine could not exclude families who send their children to religious schools from its state-funded tuition reimbursement program.

Reynolds v. United States (1879)

First Amendment protects religious belief, but not criminal practices related to religious belief (polygamy)

West Virginia State Board of Education v. Barnette (1943)

court reversed a prior decision requiring students to salute the flag because a family of Jehovah's Witnesses said it went against their religion

Cantwell v. Connecticut (1940)

two Jehovah's Witnesses were door to door canvassing. established "time, place, and manner" rule -- people can practice whatever, but time place and manner are subject to regulation

Religious Freedom Restoration Act (1993)

requires government to prove it has a compelling interest in requiring individuals to obey a law that violates their religion

Fulton v. City of Philadelphia (2021)

court ruled a roman-catholic foster agency did not need to work with same-sex couples when looking for potential foster parents

303 Creative v. Elenis (2023)

web designer was allowed to refuse to work with a same-sex couple

Groff v. Dejoy (2023)

ruled in favor of Evangelical postal worker who didn't want to work on Sundays

Strict scrutiny

strictest standard of judicial review. government must show the law serves a "compelling state interest"

clear and present danger

used to justify limiting speech of those convicted under the Espionage Act because there was clear and present danger to american society (during ww1) (no longer used)

Brandenburg v. Ohio (1969)

as long as speech does not incite lawless action, it cannot be prohibited

Buckley v. Valeo (1976)

repealed laws that set limits on campaign donations, declaring donations are free speech

Bipartisan Campaign Reform Act (2002)

reduced campaign donations outlined in Buckley, curbing corruption (key portion struck down in 2007)

Citizens United v. Federal Election Commission (2010)

corporate funding of campaign ads could not be limited

--> 2014, struck down limits on individuals' contributions

United States v. O'Brien (1968), O'Brien Test

something that restricts must have compelling governmental interest

speech plus

speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

prior restraint

government censorship of information before it is published or broadcast

New York Times v. United States (1971)

Government can almost never use prior restraint (crossing out sections of an article before publication)-protections for the press were established here. Defense Department employee Daniel Ellsburg leaked some confidential files indicating that the war in Vietnam was going poorly, the government sought to prevent the publication of these "Pentagon Papers" by the New York Times. Court held that executive efforts to prevent the publication violated the 1st Amendment were forbidden

libel

written defamation

-press is immune from libel only when it's material of public concern

slander

spoken defamation

Telecommunications Act and Communications Decency Act (1996)

regulated online transmission of obscene material. CDA struck down in Reno v. ACLU (1997)