Master AP GOV Review

Supremacy Clause

Federal law is supreme over state law (Specifically the US Constitution, Treaties & Federal Laws are supreme over state laws and state constitutions.)

The Necessary & Proper Clause

This is the clause essentially allows for implied powers by expanding the power of Congress beyond it's enumerated/expressed ones, to also include other powers that are related to expressed/enumerated powers and might assist Congress in carrying out the expressed/enumerated ones.

Commerce Clause

Congress can regulate trade between nations, between states and among Indian tribes

Due Process Clause (14th Amendment)

State governments must observe fair procedures when they deny a person life , liberty, or property. (clause used to incorporate many of the Bill of Rights protections to the States)

Due Process Clause (5th Amendment)

The national government must observe fair procedures when it denies a person life, liberty, or property

Elastic Clause

Congress can exercise powers not specifically stated in the Constitution if those powers are "necessary and proper" for carrying out its expressed powers that are specifically stated

Free Exercise Clause

Congress cannot pass laws that ban freedom of worship (this applies to belief and to practice up to a point)

Ex Post Facto Clause

Congress cannot pass a law that punishes a person retroactively i.e. after the fact. In other words, a person cannot be punished for something he/she did that was not a crime when committed

Reserved Power Clause

Any power that is not granted to the national government, or denied to the states, automatically reverts to the states (the 10th Amendment!!!!)

Full Faith and Credit Clause

A state must recognize the validity of the public acts, records and court decisions of other states. For example, a state must recognize as valid the birth certificate issued by another state

Bill of Attainder Clause

Congress cannot pass a law that singles out a person or group for punishment without trial

Establishment Clause

Congress cannot establish an "official" religion (nor push or promote religion, or elevate one religion over another) creating, in effect, the separation of church and state (1st Amendment)

Suspension Clause / Habeas Corpus Clause

"The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." -- A writ of habeas corpus is an order by a court requiring the person holding a prisoner to demonstrate a legal basis for continuing to hold the prisoner.

Search and Seizure Clause

This is a protection against unreasonable search and seizure. found in the 4th Amendment. The authorities do not have a general power to search and arrest individuals at any time, at any place and in any manner, rather they can only do so according to specified procedures that must be "reasonable"

Takings Clause (Eminent Domain)

Government can take private property for a public purpose, but it must provide fair compensation to the owners of that property (located in the 5th Amendment, it restricts the government's power of eminent domain)

Probable Cause

Reasonable grounds for issuing a search warrant or making an arrest; more than mere suspicion.

Equal Protection Clause

Clause in the Fourteenth Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws.

Connecticut Compromise

System outlined by the Constitution that established two houses of Congress: the House of Representatives, in which representation is based on a state's share of the U.S. population, and the Senate, in which each state has two representatives.

Electoral College

System outlined by the Constitution that provides for a body of people representing the states of the US, who formally cast votes for the election of the president and vice president.

Amendment Process for the Constitution

Requires a 2/3 vote in Congress or in a Constitutional Convention to propose, and a 3/4 vote by the states to be ratified

Reserved Powers

Powers that the Constitution does not give to the national government that are kept by the states

Prior Restraint

A government preventing material from being published.

Plea Bargaining

A bargain struck between the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promise not to prosecute the defendant for a more serious (or additional) crime.

Selective Incorporation Doctrine

Judicial doctrine that applies the Bill of Rights (one right at a time) to state and local governments by incorporating them into the concept of liberty in the 14th Amendment's Due Process Clause (which is binding on the states).

Reconstruction Amendments

Three amendments (13th, 14th, and 15th), adopted after the Civil War from 1865 through 1870, that eliminated slavery (13), gave blacks the right to vote (15), and guaranteed due process rights for all (14).

Civil Rights Act of 1964

This act made racial, religious, and sex discrimination by employers illegal and gave the government the power to enforce all laws governing civil rights, including desegregation of schools and public places.

Voting Rights Act of 1965

A law designed to help end formal and informal barriers to African-American suffrage

Americans with Disabilities Act of 1990

A law that requires employers and public facilities to make "reasonable accommodations" for people with disabilities and prohibits discrimination against these individuals in employment.

Suffrage

the legal right to vote

Title IX of Education Act of 1972

Prohibited gender discrimination in federally funded education programs

Poll Tax

A requirement that citizens pay a tax in order to register to vote

White Primary

A state primary election that restricts voting to whites only; outlawed by the Supreme Court in 1944.

Comparable Worth

The issue raised when women who hold traditionally female jobs are paid less than men for working at jobs requiring comparable skill.

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

Congress

Common Name for The Legislative Branch

Senate

The upper house of Congress, consisting of two representatives from each state

House of Representatives

The lower house of congress based on state population

Constituencies

A body of voters in a specified area who elect a representative to a legislative body.

Coalitions

A combination or alliance, especially a temporary one between persons, factions, states

Formal Powers of the President

Veto power, command armed forces, pardoning power, appointment powers, make treaties, convene Congress

Informal Powers of the President

The power to go public, power of persuasion, make executive agreements, issue executive orders, issue signing statements, create & use bureaucracy, personality and leadership, and make legislative proposals.

Enumerated Powers

Political power specifically delegated to a governmental branch by a constitution

Implied Powers

Powers of U.S. government which have not been explicitly granted by the Constitution but that is implied by the necessary and proper clause to be delegated for the purpose of carrying out the enumerated powers.

Speaker of the House

the leader of the majority party who serves as the presiding officer of the lower house in Congress

President of Senate

The vice president's formal role as leader of the upper house. In the vice president's absence, that position is filled by the president pro tempore, who is usually the most senior senator of the majority party.

Filibuster

the process or an instance of obstructing legislation by means of long speeches and other delaying tactics

Cloture

debate on the topic at hand must end, and a vote is taken immediately.

Holds

parliamentary procedure permitted by the Standing Rules of the Senate which allows one or more Senators to prevent a motion from reaching a vote on the Senate floor.

Rules Committee

a legislative committee responsible for expediting the passage of bills.

Discharge Petition

a special tactic used to extract a bill from a committee to have it considered by the entire House

Discretionary Spending

government spending implemented through an appropriations bill. This spending is an optional part of fiscal policy

Mandatory Spending

Required govt spending by permanent laws

Entitlement Programs

Government benefits that certain qualified individuals are entitled to by law

Pork Barrel Legislation

The practice of legislators obtaining funds through legislation that favors their home districts.

Logrolling

the practice of exchanging favors, especially in politics by reciprocal voting for each other's proposed legislation.

Partisanship

loyalty to a political cause or party

Gridlock

A situation in which government is incapable of acting on important issues.

Trustee

A representative who votes based on what he or she thinks is best for his or her constituency

Delegate

A representative who votes according to the preferences of his or her constituency

Presidential Veto

A president's authority to reject a bill passed by Congress; may be overridden only by a two-thirds majority in each house

Pocket Veto

The President's indirect rejection of a bill that has been presented to him within ten days of adjournment

Lame Duck

in politics, is an elected official who is approaching the end of their tenure, especially one whose successor has already been elected

Executive Privilege

power of the president to protect the privacy interests of the executive branch.

Independent Regulatory Agencies

Issue regulations, enforce penalties for violations of their regulations. The heads of these agencies are appointed by the president and require Senate approval. Key examples include: FTC, FDA, FCC, OSHA, EPA, CPSC, FEC.

Government Corporations

Non-profit companies owned by the federal government. Key examples: Amtrak and USPS.

Independent Executive Agencies:

Federal agencies that aren't large or important enough to get department status. Directors appointed by President w/ advice & consent of Senate. Ex. NASA, CIA, EPA.

State of the Union

a yearly address delivered each January by the president of the US to Congress, giving the administration's view of the state of the nation and plans for legislation.

Judicial Activism

the practice in the judiciary of protecting or expanding individual rights through decisions that depart from established precedent or are independent of or in opposition to supposed constitutional or legislative intent.

Judicial Restraint

Theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional.

Judicial Review

The power of a court to determine the constitutionality of a governmental action.

Federal Election Commission (FEC)

Independent regulatory agency whose purpose is to enforce campaign finance law in United States federal elections.

Iron Triangle

A close mutually beneficial relationship between an agency, a congressional committee, and an interest group

Joint Committees

Congressional committees on a few subject-matter areas with membership drawn from both houses.

Conference Committees

Congressional committees formed when the Senate and the House pass a particular bill in different forms. Party leadership appoints members from each house to iron out the differences and bring back a single bill

Select Committees

Congressional committees appointed for a specific purpose, such as the Watergate investigation.

Congressional Caucus

A group of members of Congress sharing some interest or characteristic. Most are composed of members from both parties and from both houses.

Gerrymandering

Manipulate the boundaries of (an electoral constituency) so as to favor one party or class.

Reapportionment

Reallocating House seats every 10 years based on census

Faithfully Executed Clause

Constitutional provision that the President should take care that the laws are carried out conscientiously.

Extradition Clause

An accused person who flees to another state must be returned to the state in which he/she allegedly committed the crime.

Privileges and Immunities Clause

Constitutional guarante that the citizens of each state are afforded the same rights as citizens of all other states.

War Powers Clause

Vests in the Congress the exclusive power to declare war

Amicus Curiae Brief

Literally, a "friend of the court" brief, filed by an individual or organization to present arguments in addition to those presented by the immediate parties to a case.

Class Action Suits

Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated.

Standing to Sue

The requirement that plaintiffs have a serious interest in a case, which depends on whether they have sustained or are likely to sustain a direct and substantial injury from a party or an action of government

Majority Opinion of the Supreme Court

Explains the ruling of the high court for the lower courts to follow

Concurrent Opinion of the Supreme Court

A written opinion explaining why a justice agrees with the decision of the court, but for reasons different from those stated in the majority opinion.

Benchmark Polls

A type of survey used to gauge public opinion on a specific issue or candidate at a particular point in time, often used as a baseline for future polling.

Tracking Polls

Continuous surveys that enable a campaign or news organization to chart a candidate's daily rise or fall in support.

Entrance Polls

Public opinion surveys taken before voters cast their ballots.

Push Polls

Polls taken for the purpose of providing information on an opponent that would lead respondents to vote against that candidate.

Exit Polls

Polls conducted as voters leave selected polling places on Election Day.

Congressional Reapportionment

The process of determining how many representatives each state should receive in the House of Representatives; happens every ten years after the census.

Blanket Primary

A voting process in which voters receive a long ballot containing the names of all contenders, regardless of party, and can vote however they choose.

Statist

One who believes in extensive government control over economic and personal liberties.

Communitarianism

Political and social ideology emphasizing the interests of the community over those of the individual.

Lobbying

Engaging in activities aimed at influencing public officials, especially legislators, and the policies they enact.

Lobbyist

Person who seeks to influence political events.

Political Action Committee (PAC)

A committee set up by a corporation, labor union, or interest group that raises and spends campaign money from voluntary donations.

Trail Balloons

Intentional news leaks for the purpose of assessing the public's reaction to a political story or development.