American Politics and the US Constitution - C963 WGU

natrual rights

Life, Liberty, and Property

John Locke

17th century English philosopher who opposed the Divine Right of Kings and who asserted that people have a natural right to life, liberty, and property.

State of Nature

Hypothetical condition assumed to exist in the absence of government where human beings live in "complete" freedom and general equality.

Due Process

involves the government's obligation to treat all citizens fairly. Such a requirement lessens the extent to which government power can be exercised over the individual, making the power differential between the two more fair, and ensuring a general sense of political equality

Social Contract

A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.

Thomas Hobbes (1588-1679)

One of the first individuals to contribute to the idea of the social contract was a pre-Enlightenment English philosopher

Leviathan (1651): Thomas Hobbes

Hobbes argues that society is not something natural and immutable, but rather it is something created by us.

Labor Movement

the formation of labor unions, during the 1880's, for the workers to receive better treatment by

Constitution

A document which spells out the principles by which a government runs and the fundamental laws that govern a society

Bill of Rights

The first ten amendments to the Constitution

Declaration of Independence

the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the colonies from Great Britain

Thomas Jefferson

Wrote the Declaration of Independence

Shays's Rebellion (1786-1787)

which almost resulted in potential mob rule, suggested there might be too much democracy at play, and that maybe individual liberty was going too far

Articles of Confederation

A weak constitution that governed America during the Revolutionary War.

Federalist no. 51

Argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.

First Amendment

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Second Amendment

Right to keep and bear arms

Third Amendment

The government may not house soldiers in private homes without consent of the owner

Forth Amendment

It protects people against unfair searches of their homes; search and seizure.

Fifth Amendment

A constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.

Sixth Amendment

Right to a speedy and public trial

Seventh Amendment

Right to a trial by jury in civil cases

Eighth Amendment

No cruel and unusual punishment

Nineth Amendment

peoples rights are not just limited to those listed in the Constitution and Bill of Rights

Tenth Amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

bicameral legislature

A law making body made of two houses (bi means 2). Example: Congress (our legislature) is made of two house - The House of Representatives and The Senate.

House of Representatives

the lower house of Congress, consisting of a different number of representatives from each state, depending on population

New Jersey Plan

Proposal to create a weak national government

Virginia Plan

Proposal to create a strong national government

Constitutional Convention

Meeting in 1787 of the elected representatives of the thirteen original states to write the Constitution of the United States.

unicameral legislature

One-house legislature

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 (negated by the 13th amendment)

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

Separation of Powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

federal system

A government that divides the powers of government between the national government and state or provincial governments

enumerated powers

The powers explicitly given to Congress in the Constitution.

reserved powers

Powers given to the state government alone

Federalists

Supporters of the Constitution that were led by Alexander Hamilton and John Adams. They firmly believed the national government should be strong. They didn't want the Bill of Rights because they felt citizens' rights were already well protected by the Constitution.

Anti-Federalists

Opponents of the American Constitution at the time when the states were contemplating its adoption.

Ratification

Formal approval, final consent to the effectiveness of a constitution, constitutional amendment, or treaty

Republic

A form of government in which citizens choose their leaders by voting

Habeas Corpus

Constitutional protection against unlawful imprisonment

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

Federalist No. 10

An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.

Legislative Branch (Congress)

makes laws, imposes taxes, and declares war

Judicial Branch (Supreme Court)

interprets the constitution and other laws, reviews lower-court decisions

Executive Branch (President)

has the power to enforce the law

Executive Orders

Formal orders issued by the president to direct action by the federal bureaucracy.

checks on the executive branch

By Congress

Can override a presidential veto by a two-thirds vote in both chambers

Must approve treaties by a two-thirds vote in the Senate

Control of funding activities of the executive branch

Presidential nominees must be approved by the Senate

Only Congress can declare war

House can impeach the president or vice president and the Senate can remove them by a two-thirds vote

By Judiciary

Can overturn actions of the president with judicial review if the actions violate the Constitution

Serve during good behavior to maintain independence of judiciary

Checks on Congress

By President

Can veto legislation

Can use executive agreements

Can use executive orders

Negotiates treaties (not Congress)

By Judiciary

Can overturn acts of Congress as unconstitutional if they violate the law

Can influence laws by interpretation

Serve during good behavior to maintain independence of judiciary

Checks on Judiciary

By President

Nominates judges

Power of pardon

By Congress

Senate must approve judges and justices

Controls jurisdiction of the courts

Determines size of Supreme Court

House can impeach judges and Senate can remove them by two-thirds vote

federalist system

political powers are divided between national and state levels in an effort to avoid concentrating control in the hands of one person

Equal Rights Amendment (ERA)

Proposed the 27th Amendment, calling for equal rights for both sexes. Defeated in the House in 1972.

Fifteenth Amendment

The constitutional amendment adopted in 1870 to extend suffrage to African Americans.

Nineteenth Amendment

The constitutional amendment adopted in 1920 that guarantees women the right to vote.

Twenty-sixth Amendment

Changed the legal voting age from 21 to 18.

Defense of Marriage Act (DOMA)

(1996) Defines marriage as man-woman. No state is forced to recognize same-sex marriage

Obergefell v. Hodges (2015)

Struck down state bans on same sex marriage. The 14th Amendment requires States to license a marriage between two people of the same sex.

States must recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-State. (Roberts Court)

14th Amendment

Declares that all persons born in the U.S. are citizens and are guaranteed equal protection of the laws

Advantages of Federalism

checks growth of tyranny, allows unity without uniformity, encourages experimentation, provides training and creates opportunities for future national leaders, keeps government closer to the people

Disadvantages of Federalism

lack of consistency, inefficiency, bureaucracy

Affordable Care Act of 2010

requires an organization with 50 or more employees to make health insurance available to employees or pay an assessment and gives employees the right to buy health insurance from another provider if an organization's health insurance is too expensive

Inherent Powers of the President

Powers that belong to the president because they can be inferred from the Constitution

Veto

Chief executive's power to reject a bill passed by a legislature

Power of the Purse

Constitutional power given to Congress to raise and spend money

oversight

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

implied powers

Powers not specifically mentioned in the constitution

Marbury v. Madison (1803)

Established judicial review

United States v. Lopez (1995)

Congress may not use the commerce clause to make possession of a gun in a school zone a federal crime

Sixteenth Amendment (1913)

Gave Congress the power to collect taxes on people's income

discretionary spending

spending about which Congress is free to make choices

budget resolution

A resolution binding Congress to a total expenditure level, supposedly the bottom line of all federal spending for all programs.

pork barrel spending

The appropriation of government spending for projects that are intended primarily to benefit particular constituents, such as those in marginal seats or campaign contributors.

Line Item Veto Act of 1996

an executive's ability to block a particular provision in a bill passed by the legislature

Interstate Commerce Clause

The constitutional provision permitting Congress to regulate trade among the states

Legal Tender Act of 1862

A currency backed only by the federal government's word. It allowed the government to print greenbacks and inflate the pool of available currency without having to have an equivalent amount of gold and silver. The greenback was popular among American farmers and debtors as it was cheaper to pay back loans with a cheaper currency.

Federalist No. 69

Theme: Presidential Power

Focus:Powers of the executive and their meaning, compares presidency to governorship v. king

The "real character of the proposed executive" is revealed in terms of the organization and powers tests. The tests are 1) "single magistrate," 2) "four years; and is to be re-eligible," 3) impeachment and removal from office, 4) "qualified negative of the Presidency," 5) "occasional... commander-in-chief" power which "would amount to nothing more than the supreme command and direction" of the armed forces, 6) power to pardon, 7) power to "adjourn the legislature," 8) with the "advice and consent of the Senate, to make treaties," 9) power to "receive ambassadors and public ministers," 10) "the power to nominate and appoint."

advice and consent

Terms in the Constitution describing the U.S. Senate's power to review and approve treaties and presidential appointments.

Impeachment

A formal document charging a public official with misconduct in office

Supermajority

a majority greater than a simple majority of one over half, e.g., 3/5, 2/3.

Filibuster

A procedural practice in the Senate whereby a senator refuses to relinquish the floor and thereby delays proceedings and prevents a vote on a controversial issue.

majority party

the party that holds the majority of legislative seats in either the House or the Senate

minority party

In both the House of Representatives and the Senate, the political party to which fewer than half the members belong

Speaker of the House

An office mandated by the Constitution. The Speaker is chosen in practice by the majority party, has both formal and informal powers, and is second in line to succeed to the presidency should that office become vacant.

majority leader

the legislative leader elected by party members holding the majority of seats in the House or Senate

minority leader

The principal leader of the minority party in the House of Representatives or in the Senate.

Majority Whip

a go-between with the majority leadership and party members in the house of representatives

Minority Whip

a go-between with the minority leadership whose job mirrors that of the majority whip but without the power that comes from holding a majority in the House of Representatives

President Pro Tempore

Officer of the Senate selected by the majority party to act as chair in the absence of the vice president

standing committee

A permanent committee established in a legislature, usually focusing on a policy area

select committees aka special committees

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

Conference committees are

temporary, involve members from both houses of Congress, and are charged with reaching a compromise on legislation once it has been passed by both the House and the Senate.

Rules Committee

A standing committee of the House of Representatives that provides special rules under which specific bills can be debated, amended, and considered by the house.

1957 Civil Rights Bill

Bill passed by LBJ that helped begin first steps towards Civil Rights movement.

Gerrymandering

Process of redrawing legislative boundaries for the purpose of benefiting the party in power.

Redistricting

The redrawing of congressional and other legislative district lines following the census, to accommodate population shifts and keep districts as equal as possible in population.

Reapportionment

the process of reassigning representation based on population, after every census

Baker v. Carr (1962)

"One man, one vote." Ordered state legislative districts to be as near equal as possible in population; Warren Court's judicial activism.

Miller v. Johnson (1995)

States cannot draw congressional districts in which race is the primary consideration.

Shaw v. Reno (1993)

NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts.