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Social Contract
Individuals are born free and equal, but need protection from each other. Thus, people give their consent to be governed for protection.
John Locke
Believed individuals are born free and with God-given natural rights that no king had the right to void.
Natural Rights
Life, Liberty, & private property; governments are necessary to preserve these rights.
Articles of Confederation Weaknesses
Vote of 9/13 states to pass any measure/law (about 70%); Vote of all states to amend Articles; National gov’t had no power to enforce taxes; National gov’t had no power to control/regulate foreign & interstate trade; No real executive branch (it could not enforce laws); No national court system; No uniform national currency; Lack of centralized military power
Virginia Plan
Number of members dependent on population.
New Jersey Plan
Strengthening the Articles, not replacing them – Creating a legislature with one vote for each state.
Three-Fifths Compromise
Since # reps in House would be based on population, slaves were counted as “three-fifths of all other Persons”.
Great Compromise
Bicameral legislature: One house - # of representatives based on population, each directly elected by people; Second house of legislature - each state should have an equal vote, and representatives selected by the state legislatures.
Electoral College
Each state would determine how their electors would be chosen. People would vote for the electors. Number = # representatives in Congress.
Structure of Constitution
Preamble
Purposes or goals of American government.
Articles of the Constitution
Article 1: The Legislative Branch; Article II: The Executive Branch; Article III: The Judicial Branch; Article IV: Relations among states; Article V: Amendment Process; Article VI contains the Supremacy Clause; Article VII concerns the procedures for ratification of the new Constitution
Separation of Powers
Dividing the powers of government among three branches of government to prevent concentration in any one place. Each branch has separate responsibilities: legislative makes laws, executive enforces laws, judicial interprets laws
Checks and Balances
The power of each of the three branches of government to limit the actions of the others to prevent any one branch from becoming too powerful.
Limited Government
There are things that the government isn’t permitted to do. The Constitution enumerates what the government can do and even specifically forbids it from doing some things
Federal System (Federalism)
Power of government is divided between the national government and the state governments.
Popular Sovereignty
The ultimate authority to govern comes from the people. Consent of the governed.
Judicial Review
Power of the Supreme Court to rule laws/actions of other branches unconstitutional.
Federalists
Favored a stronger national government and supported the proposed Constitution.
Anti-Federalists
Favored strong state governments and a weak national government.
Federalist Papers
Written by John Jay, Hamilton, and Madison to support ratification of the Constitution.
Anti-Federalist Papers
Worried about the absence of a bill of rights within the proposed constitution, to explicitly protect rights; Worried about N&P Clause, Supremacy Clause
Participatory Democracy
Citizens directly impact policy a great deal. Emphasizes broad & direct participation of many people.
Pluralist Democracy
People, through groups, influence policy. People find others who share their interests and organize and unite into nongovernmental groups to influence policy (interest groups or political parties).
Elite Democracy
Limited participation of the masses. People with influence, education, & money really control government.
Enumerated (or Expressed) Powers
The Framers limited the specific powers of the central government to seventeen. They can be found in Article 1, Section 8 of the Constitution, which starts out by saying "Congress shall have the power to . . ."
Implied Powers
Powers not stated specifically (expressed) in the Constitution, but are “necessary and proper” to carry out expressed powers.
Supremacy Clause
Article VI mandates that (constitutional) national law is supreme to state or local law.
Reserved Powers
All powers not granted to national government by Constitution and not denied to states.
Concurrent Powers
Powers shared by national and state governments.
Dual Federalism (Layer Cake Federalism)
Separate but equally powerful state and national governments. Each sovereign in certain areas.
McCulloch v. Maryland (1819)
Congress chartered (created) bank. The Court ruled despite not being an expressed power, Congress nonetheless had the power to create it b/c of the Elastic Clause (“necessary & proper” in order to carry out enumerated powers”)
Gibbons v. Ogden (1824)
The Supreme Court ruled commerce included regulating commercial activity. Thus the definition of commerce was expanded to having fewer limits.
Cooperative Federalism (Marble Cake Federalism)
Increase of national power (“cooperating” with states).
Categorical grants
Congress allocating funds for specific purposes. They come with many detailed conditions, often including state contributions.
Block grants
Broad grants for specified activities but with few strings attached.
Federal mandates
Orders or requirements by the national government for the states to take some kind of action (comply with federal rules or regulations).
New Federalism
From New Deal until late 1980s, Supreme Court allowed national government to do just about anything at the expense of states.
U.S. v. Lopez (‘95)
Gun-free School Zones, Commerce
Full Faith & Credit Clause
Requires that states give each other judicial decrees & contracts made in one state are binding in other states.
Apportionment
Every 10 years, after the census has been taken, the number of seats each state gets is reapportioned to reflect the changing population.
Redistricting
The actual redrawing of the congressional district lines by state legislatures (SC has allowed voters to assign this task to independent commissions), based on these population shifts.
Gerrymandering
When the congressional district lines are drawn in a matter to help one political party gain an advantage.
Majority-minority districts
Districts drawn so that the majority of people in them are racial minorities.
Standing Committees
Permanent, focused on specific policy area, in each house, where bills are referred after being introduced (debate, amend, hearings, vote).
Conference Committees
Joint committee that irons out differences between House & Senate versions of bill.
Rules Committee
Majority party members selected directly by Speaker. Reviews bills after standing committee & before floor. Gives each bill a “rule”, or the date of debate, time allotted for discussion, types of amendments permitted (closed, open)
Filibuster
Stop action by long speech because of unlimited debate; Cloture is the only way to end a filibuster, which requires 60 votes to end debate.
Trustees
Use their own best judgments.
Delegates
Vote as their constituents wish.
Partisans
Votes as party wishes.
Politicos
Combination of above, depending on issue
Oversight
The review, supervision or investigation of executive departments or programs to determine if they’re carrying out the responsibilities intended by Congress, through committee hearings.
Authorization
Create legal basis for government program. Pass laws outlining rules for spending $. Place limits on how much can be spent on program.
Appropriation
Congress determines exact amount to spend on each program each year. Cannot exceed authorized amount.
Executive agreements
Arrangements w/ foreign countries w/no congressional approval. Upheld by courts, but not binding on subsequent administrations.
Sign bills into law
Legislative power of the President.
Veto legislation
Legislative power of the President; Needs 2/3 of each house of Congress necessary to override.
OMB (Office of Management and Budget)
Prepares the president’s annual budget proposal;
Imperial presidency
A presidency characterized by greater powers than the Constitution allows.
Bully pulpit
Presidents appealing to the public in order to pressure the other branches of government to support their policies.
Bureaucracy
Agencies that make up the executive branch who administer/carry out laws passed by Congress.
Regulatory Commissions
Regulate a specific economic activity or interest.
Policy Implementation
Process by which a law or policy is put into operation by the bureaucracy (carrying out of policy).
Iron triangles
Interactions that occur among a bureaucratic agency, interest groups, and congressional committees or subcommittees through which policy is made.
Original jurisdiction
Court’s ability to hear disputes as a trial court.
Appellate jurisdiction
Court’s ability to review/revise cases already heard by trial court.
Judicial restraint
Philosophy that argues that judicial review should be constrained to decisions that adhere to current Constitutional and case precedent.
Judicial activism
A philosophy of judicial decision making that argues judicial review allows the courts to overturn current Constitutional and case precedent or invalidate legislative or executive acts.
Civil liberties
Rights & freedoms that we have that governments cannot (unreasonably) take away.
Civil rights
Call upon government to protect citizens from discrimination.
Selective incorporation
The incorporation process has been on a case-by- case basis.
Establishment Clause
Gov’t can’t “establish” religion
Free Exercise Clause
Gov’t can’t prohibit one’s “free exercise” (practice) of religion.
Schenck v. U.S. (1919)
Supreme Court drew the line between protected and unprotected speech by looking to see whether the speech could “create a clear and present danger that… bring about substantive evils that Congress has a right to prevent.”
Prior restraint
Prohibiting speech or publication before it’s published.
Symbolic Speech
Conveying a message/idea through actions or symbols
Political culture
Commonly shared attitudes, beliefs, and core values about how government should operate.
Political socialization
Factors that influence our ideology
Political efficacy
Citizens’ trust in government and belief that they can understand and influence government decisions.
Political ideology
A consistent set of values and beliefs about the proper purpose and scope of government.
Tracking polls
Track/follow how the public views/opinions of a candidate change during a campaign.
Political parties
Linkage institutions that serve as channels that connect people with the government and allow people to communicate their preferences to policy-makers.
Nomination
Process of selecting candidates for political office
Primaries
Election to select who will run.
Caucuses
Meeting of party members.
Reapportionment
Changing the number of seats each state gets based on population.
Realignment
Major shift in allegiance to the parties.
Rational choice voting
Voter voting in a way that most benefits the voter (rationale for their own well-being)
Retrospective voting
Voter voting based on candidate’s (or party’s) track record in the past.
Prospective voting
Voter voting based on how candidates might impact the future.
Party-Line voting
Consistently voting for candidates of one’s political party
Federal Election Campaign Act (FECA)
Established disclosure requirements and limits on contributions.
Interest Groups
Seek to influence legislation and persuade political leaders to support the group’s position.
Social Movements
Large group of citizens organizing for political change.
News media
Media providing the public with new information about subjects of public interest