Texas A&M University POLS 206 Exam 1 Study Materials (Kent)

Govenment

Institution that makes public policy decisions for a society

Collective Goods

Goods and services, such as clean air and clean water, that by their nature cannot be denied to anyone.

National Government functions

Maintain national defence, provide public goods and services, preserver order and protect public safety, socialize the young, and collect taxes

Politics

The process determining the leaders we select and the policies they pursue. Politics produces authoritative decisions about public issues.

Political Participation

All activites by which citizens attempt to influence the selection of political leaders and the polices they pursue. Most common participation is Voting.

Single issue groups

Groups that have a narrow interest, tend to dislike compromise, and often draw membership from people new to politics.

Policymaking system

The process by which policy comes into being and evolves. People's interests, problems, and concerns create political issues for government policymakers. These issues shape policy, which in turn impacts people, generating more interests, problems, and concerns.

Linkage Institutions

Channels through which people's concerns become political issues on the policy agenda. In the US, linkage instituions include elections, political parties, interest groups and the media.

Policy Agenda

The issues that attract the serious attention of public officals and other people involved in politics at a point in time

Political Issue

Issue that arises when people disagree on how to solve them

Policymaking Institutions (What are the 3 policy making institutions)

the branches of government charged with taking action on political issues

1. Congress

2. Presidency

3. Courts

Public policy

A choice a government makes in response to a political issue

Policy impact

Effect of said policy, analyzed to see how well a policy has met it's goal and how much it costs

Democracy

A system of selecting policymakers and of organizing government, so that policy represents and responds to the public's prefrences.

Majority Rule

A fundamental principle of traditional democratic theory. In a democracy, choosing among alternatives requires that the majority's desire be respected.

Minority Rights

Guarantees rights to those who do not belong to majorities.

represntation

basic principle of traditional democratic theory that describes the relationship between the few leaders and teh many followers

pluralism

Policymaking process is open to the participation of all groups with shared interests, whith no singl group dominating. Pluralists belive that as a result, general interest prevails.

Elitism

Uper class elite holds the power and makes policy regardless of GOV organization

Hyperpluralism

theory of American democracy conteding that interest groups are so strong that government, which gives in to the many different groups is weakened.

Policy Gridlock

Interests conflict, and no one has a majority to do anything, so shit stalls.

Political Culture

Overall set of values shared within a society (Liberty, Individualism, Populism, Laissez-Faire, Egalitarianism)

GDP

Sum total of value of all the goods and services produced in a year in a nation

Constitution

A nation's basic laws. Creats political institutions, divides powers, and provides guarntees to citizens

Declaration of Independence

1776, stated their grievances against the British monarch and declared their independence.

natural rights

Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. Central to Locke's theories about government

Consent of the governed

idea that governemtn derives its authority from the people

Limited Government

The Idea that certain restrictions should be placed on governmetn to protect natural rights of citizens.

Articles of Confederation

A weak constitution that governed America during the Revolutionary War. Established the Contiental Congress as national legislature, but left most authority with the state legislatures.

Shay's Rebellion

Attack by farmers on a series of courthouses led by Daniel Shays, to block forclosure proceedings

US Constitution

Document written in 1787, ratified in 1788 that sets the structure of the US GOV, tasks of the gov, and relationships among them. Replaces the articles

Factions

Groups that aries from the unequal distribution of property or wealth and have the potential to cause instability in government.

NJ PLAN

euqal representation of each state in congress regardless of the size of the state's population

VA Plan

Proposal at the consittutional convention that called for representation of each state to be proportional to its population

Conneticut Compromise

Two houses, Represenatives (Base on a state's population) and Senate (each state has 2 representatives)

Writ of Habeas Corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

Seperation of powers

Divide powers between executive, judicial and legislative, so they cannont exert influence over eachother.

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

Republic

A form of government in which the people select representatives to govern them and make laws.

Federalist

Supporters of the Constitution (strong central government)

Anti-Federalist

Opponents to Consitution, wanted a weaker Central government

Federalist Papers

85 essays that advocated ratification of the consitution and provide insightful commentary on the nature of the new system of government

Bill of Rights

The first ten amendments to the Constitution

1st Amendment

Free Speech

2nd Amendment

Right to Bear Arms

3rd Amendment

No quartering troops

4th Amendment

no unreasonable Search and seizure

5th amendment

Jury of peers required

No double jeopardy

due Process

6th amendment

Speedy and public trial by jury of peers

right to legal counsel

right to crossex

7th amendment

Right to jury in civil trials

8th amendment

No cruel and unsual punishments

9th amendment

Unlisted rights are not necessarily denied

10th amendment

powers not delegated to national government, ro denied to the states are reserved for the states or the people.

EQUAL RIGHTS AMENDMENT

A consitutional amendment passed in 1972 stating that equality of rights under the law shall not be denied or abriged by the US or by any state on account of sex. Failed to get support from 3/4 of state legislatures during ratification period.

Mabry V Madison

Establishes Judicial Review

Judicial Review

power of courts to determine whether acts of congress and those of th executive branch are in accord with the US Constitution.

Gitlow v. New York

1925 Supreme Court decision holding that freedoms of press and speech are fundemental personal rights and liberties protected by the due process clause of the 14th amendment from impairment by Gov and State Gov

Due Process Clause

Part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the U.S. or state governments without due process of law.

Incorporation doctorine

Legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of it's provisions applicable to the states through the 14th amendment

Establishment Clause

Part of the 1st amendment that Congress shall not make a law establishing religion.

Free Excercise Clause

A First amendment provision that prohibits gov from messing with practice of religion.

Lemon V Kurtzman

Aid to church related schools must have a secular legistlative purpose, have a primary effect that neither advances nor inhibits religion, and not foster excessive government entaglement w religion

Zelman v. Simmons-Harris

Ruled that vouchers could be used to pay for tution at religous schools.

Engel v Vitale

1962 decision that state officials violated 1st Amendment by mandating a prayer be recited by public schoolchildren

School District of Abington Township, Pennsylvania v. Schempp

1963 Supreme Court decision holding that a Pennsylvaina law requiring Bible reading in schools violated the establishment clause of the first amendment

Prior Restraint

Goverment actions that preven material from being published. Prohibited by 1st Amendment in Near v Minnesota

Near v Minnesota

Holds that the 1st amendment protects newspapers from prior restraint

Schenk v US

upholding convicion of a socialist who had urged resistance to the draft during WW1. Government can limit speech if there is clear and present danger.

Roth v US

Obscentiy is not within the area of constitutionally protected speech or press.

Miller v California

1973 decision holding that community standards be used to determine whther material is obscene, defined as appealing to a pruiend interest, and lacking in serious value.

NYT v Sullivan

To win damages for libel, public figures must provide that defamatory statements were made with malice and reckless disregard for the truth.

Libel

Publication of fake and malicious statements that may damage someone's reputation.

Texas V Johnson

Struck down a law banning flag burning on grounds that it's symbolic speech protected by the first amendment

Symbolic Speech

Nonverbal communication such as burning a flag or wearing an armband. SC has allowed for some symbolic speech protection under the 1st amendment

Zurcher v Stanford Daily

1978 SC decision holding that a search warrand could be applied to a newspaper without violationg 1A rights to freedom of the press

Commercial Speech

Communication in the form of advertising which can be restricted more than many other types of speech.

Miami Herald Publishing Company v Tornillo

1974 case which held that a state could not force a Newspaper to print replies from candidtates it critized. Shows power of government to restrict print media

Red Lion Brodcasting v FCC

Upheld restrictions on radio and TV broadcasting similar to those it had overturned in Miami Publishing Company v Tornillo. Reasoning because there are only limited number of broadcasting frequencies available.

NAACP v Alabama

Right to assmble meant that Alabama could not require the state chapter of the NAACP to reveal it's membership list.

McDonald v Chicago

2010 Supreme court decision that extended the 2A's limits on restricting an individual right to bear arms to state and local gun control laws.

Probable Cause

Reasonable grounds for beliving that a person is guilty of a crime.

Unreasonable search and seizure

Obtaining evidence in an unlawful manner, prohibited by 4A. NEed a search warrant or Probable clause to seize such evidence

Search Warrant

A written authorization from a court specifying the area to be searched and what the police may search for

Exclusionary rule

The rule that evidence cannot be introduced into a trial if it was not obtained in a consitutional manner. Rule prohibits use of evidence obtained through unreasonable search and seizure

Mapp v Ohio

4th Amendment protection must be extendend to the states

Self incrimination

Being a witness against oneself. Forbids involuntary self-incrimination.

Miranda v Arizona

Set guidelines for police questioning of accused persons to protect against self incrimination and to protect their right to counsel.

Gideon v Wainright

Anyone accused of a felony where imprisionment may be imposed has a right to a lawyer. Decision requires the government to provide a lawyer to ppl who can't afford one.

Plea Bargain

Deal between prosecutor n defendant which allows for lesser sentencing.

Gregg v Georgia

Upheld consitutionality of the death penalty

McClesky v Kemp

1987 decision that upheld the consitutionality of the deah penalty against charges that it violated the 14th amendment because minority defendats were more likely to recive death penalty sentences.

Planned Parenthood v Casey

1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of strict scrutiny of any restraints on a fundemental right to abortion to one in which regulations not impose an unde burden on women

Civil Rights

policies designed to protect people against arbitrary or discriminatory treatment by government officials or individulas

Dredd Scott v Sanford

1857 case that said that slaves who had escaped to a free state enjoyed no rights as a citizen, and congress had no authority to ban slavery in the territories

13th Amendment

Forbade slavery and involuntary servitude

Plessy v. Ferguson

An 1896 Supreme Court decision that provided a constitutional justification for segregation

Brown v Board

Supreme Court decision that school segregation is inherently unconstitutional because it violates the 14th amendment.

Civil Rights Act of 1964

Makes racial discrimintation in public accommodations illegal. It also forbade forms of job discrimination and strenghened voting rights

Suffrage

Legal right to vote

15th amendment

amendment adopted to extend suffrage to African Americans.