Popular Sovereignty
A belief that ultimate power resides in the people.
Limited Government
A principle of constitutional government; a government whose powers are defined and limited by a constitution.
Natural Rights
the idea that all humans are born with rights, which include the right to life, liberty, and property
Republicanism
A philosophy of limited government with elected representatives serving at the will of the people. The government is based on consent of the governed.
Social Contract
A voluntary agreement among individuals to secure their rights and welfare by creating a government and abiding by its rules.
Declaration of Independence v. US Constitution
D of I provides the basis for popular sovereignty and consent of the governed, natural rights, connection with House of Representatives and direct popular sovereignty and US Constitution is the blue print for political democracy/republic
Participatory Democracy
Emphasizes the broad participation of constituents/citizens in the direction and operation of political systems
Pluralist Democracy
Recognizes group-based activism by nongovernmental interests striving for impact on political decision making
Elite Democracy
Emphasizes limited participation in politics and civil society. Elites make the decisions. Sometimes in government only certain people make decisions like the Pentagon with military policy.
Weaknesses of Article of Confederation
No executive, no tax power, weak central power, no military, Shays Rebellion
Great Compromise
Compromise made by Constitutional Convention in which states would have equal representation in one house of the legislature and representation based on population in the other house
3/5 Compromise
Each slave would count for 3/5 of a person for taxation and representation purposes
Federalist 10
Superiority of a large republic in controlling the "mischiefs of faction," delegating authority authority to elected representatives and dispersing power between the states and national government. Factions= Parties and Interest groups today.
Brutus 1
Emphasis the benefit of a small dentralized republic - essentially a confederacy - while warning against the strong supremacy and necessary proper clause. The federal gov't is going to be too strong. In addition, there is no Bill of Rights to protect individual liberties.
Electoral College
A group of people named by each state legislature to select the president and vice president. Is a compromise at the Constitutional Convention. Indirect popular vote. 270 needed to win.
Federalist #51
Explains how constitutional provisions of separation of powers and checks and balance control abuses by majorities. Includes the idea of "men" or politicians aren't angels. Also the bicameral congress is a check on each branch
Article V
Amending the Constitution. Most common way - 2/3 Congress to 3/4 states. Perfect example of federalism. No presidential action required to amend.
Benefit of federalism?
Laboratories of Democracy so each state can experiement, multiple points of access to government.
Impeachment
A formal document charging a public official with misconduct in office. Reflects the purpose of checks and balances.
10th Amendment also known as reserved powers
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Federalism
A system in which power is divided between the national and state governments
concurrent powers
Powers held jointly by the national and state governments.
Federal Mandates
Regulations that the national government imposes on state and local governments
categorical grants
Federal grants for specific purposes, such as building an airport
Block Grants
Federal grants given more or less automatically to states or communities to support broad programs in areas such as transportation
Revenue Sharing
The distribution of a portion of federal tax revenues to state and local governments.
Federal Incentives
Carrot and stick Analogy - either the state wants to do what is needed for the aid OR the state must be forced in order to receive federal aid.
14th Amendment
Citizenship Clause, Due Process Clause applies to the States, Equal Protection Clause and Privileges and Immunities Clause
Due Process Clause
14th amendment clause stating that no state may deprive a person of life, liberty, or property without due process of law. Bill of Rights applied to the states Civil LIberties - Individual Freedom
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination. Civil Rights. Equality of Opportunity
Necessary and Proper Clause
Clause of the Constitution (Article I, Section 8, Clause 3) setting forth the implied powers of Congress. It states that Congress, in addition to its enumerated/expressed powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government
Supremacy Clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
Enumerated Powers
Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.
interstate commerce
trade between two or more states
Commerce Clause
The clause in the Constitution (Article I, Section 8, Clause 1) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other nations.
Intrastate Commerce
Commerce occurring within one state which cannot be regulated by the federal government
McCulloch v Maryland (1819)
Declared that Congress has implied powers necessary to implement its enumerated powers (necessary and proper) and established the supremacy (supremacy clause) of the US Constitution and federal laws over state laws.
Implied Powers
Powers inferred from the enumerated powers that allow Congress to carry out its functions AND powers inferred from the expressed powers of the executive that allows the president to carry out his expressed powers
constituent
a person whom a member of Congress has been elected to represent
House of Representative structure?
2 year term, 435, counting of people, makes large states happy - VA Plan, always direct popular vote, designed to have a more delegate role,
House of Representatives rules in legislation
Germane, Closed Rule, Starts all tax bills, faster process
16th Amendment (1913)
income tax
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.
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.
germane
(adj.) relevant, appropriate, apropos, fitting
Senate design
6 year term, equal population, 2 per state, New Jersey plan, small state happy, deliberative, signs treaties, advise and consent, jury in impeachment trial, represent entire state, originally state legislatures pick, more likely to have trustee role
President of the Senate
Vice President, tie breaker, role of vp beside pres in waiting
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.
Cloture
A procedure for terminating debate, especially filibusters, in the Senate.
Supermajority
Any majority that is larger than a simple majority, such as three-fifths, two-thirds, or three-fourths
holds
Senators have power to place HOLD - Indication of disapproval for a bill, strong hesitation will likely lead to a filibuster, a hold allows Senators to be informed of any change in status or action on a bill or confirmation, holds can usually be very powerful/influential, if there are 60 votes: Holds won't stick.
Unanimous Consent
An agreement by every senator to the terms of debate on a given piece of legislation
Committee of the Whole in the House
An old parliamentary device for speeding business on the floor. Used with appropriations.
discharge petition
Petition that, if signed by majority of the House of Representatives' members, will pry a bill from committee and bring it to the floor for consideration.
pork-barrel legislation
Legislation giving benefits to constituents through sometimes unnecessary of unwise projects within a state or district, to enhance a member's chance of reelection or to get someone to vote on a bill.
Logrolling
An agreement by two or more lawmakers to support each other's bills
Entitlement programs
Government benefits that certain qualified individuals are entitled to by law, regardless of need.
17th Amendment
Direct election of senators
Shaw v. Reno (1993)
NO racial gerrymandering; race cannot be the sole or predominant factor in redrawing legislative boundaries; majority-minority districts. Equal Protection 14th Amendment
Bakker v. Carr
Rural area same district as in heavily pop. urban area. yes, courts can order states to redistrict to make voting more fair. Equal number of people in each district - 14th Amendment equal protection clause
Ways and Means Committee
House committee that handles tax bills
standing committee
A permanent committee established in a legislature, usually focusing on a policy area
conference committee
Committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form.
discretionary spending
Federal spending on programs that are controlled through the regular budget process. Will continue to decrease if tax revenue doesn't increase or the budget deficit is decreased.
mandatory spending
Federal spending required by law that continues without the need for annual approvals by Congress.
Gridlock
The inability of the government to act because rival parties control different parts of the government
divided government
One party controls the White House and another party controls one or both houses of Congress
Lame Duck President
President with no real power because his or her period in office will soon end
Trustee Role of Representation
The concept that legislators should vote on the basis of their consciences and the broad interests of the nation, not simply on the views of their constituents
Delegate Role of Representation
A concept of legislative work as simply voting the desires of one's constituents, regardless of one's own personal views
Partisan role of representation
Practice in which members of Congress make decisions based on their party's wants; also known as the organizational view.
Politico role of representation
Role played by elected representatives who act as trustees or as delegates, depending on the issue.
pocket veto
A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it.
Veto
to reject
Signing statements
A written comment by the president when he signs legislation, usually commenting on why the bill was signed, but in some cases states the law is unconstitutional or confusing
executive order
A rule issued by the president that has the force of law. Unilateral power.
executive agreement
An agreement between the president and the leader of another country. Not as binding as a treaty. Unilateral power of president
bully pulpit
President sells his programs directly to the American public.
Cabinet
A group of advisers to the president.
ambassador
an official representative of a country's government
White House Office (WHO)
The office that develops policies and protects the president's legal and political interests also known as presidential administration or West Wing
Federalist 70
US requires a strong, energetic executive; plural executive is dangerous. Informal powers to meet the needs of the nation. Another federalist papers talks about impeachment.
22nd Amendment (1951)
The president is limited to two terms or a total of 10 years in office. Check on his power
State of the Union
An annual speech in which the president addresses Congress to report on the condition of the country and recommend policies. A constitutional tool that has evolved to be used to persuade Congress and the nation
Article I
Establishes the Legislative Branch which writes legislation or laws.
Article II
Establishes the Executive Branch which enforces or executes the laws
Article III
Establishes the Judicial Branch which interprets the laws.
Federalist 78 (Hamilton)
Arguing for independent judiciary that will have a life-time appointment so free from political pressure. Checked by Congress and Executive since can't implement its decision. Neither the "sword or the purse".
Marbury v. Madison (1803)
Established judicial review
stare decisis
Let the decision stand; decisions are based on precedents from previous cases. Modeled after British common law.
Precedent (stare decisis)
A previous decision or ruling that, in common law tradition, is binding on subsequent decisions
judicial activism
An interpretation of the U.S. constitution holding that the spirit of the times and the needs of the nation can legitimately influence judicial decisions (particularly decisions of the Supreme Court)
judicial restraint
A judicial philosophy in which judges play minimal policymaking roles, leaving that duty strictly to the legislatures or what the constitution states.
Congressional Oversight
Power used by Congress to gather information useful for the formation of legislation, review the operations and budgets of executive departments and independent regulatory agencies, conduct investigations through committee hearings, and bring to the public's attention the need for public policy. Check on executive and bureaucracy
Power of the Purse Strings
The Constitution says that Congress must approve any government expenditure
Issue network (iron triangle)
Relationships among interest groups, congressional committees and subcommittees, and the government agencies that share a common policy concern.
political patronage
Appointment to political office, usually as a reward for helping get a president elected
Bureaucracy
A system of managing government through departments run by appointed officials
civil service
A system of hiring and promotion based on the merit principle and the desire to create a nonpartisan government service.
merit system
hiring people into government jobs on the basis of their qualifications