Mid Term MCQ- Chapter 1-11 Review Terms

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, moral & legal justification for revolution

U.S. Constitution

"The supreme law of the land." Written in 1787 at Philadelphia Convention to replace Articles of Confederation and create stronger central government. Outlines structure & power of 3 branches of national government. Oldest written constitution still in use (but amended 27 times plus myriad informal amendments).

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.

Brutus No. 1

This work by a prominent Anti-Federalist argued that that the new federal government would be too powerful. In particular, he pointed to the necessary-and-proper clause and the supremacy clause. In addition, he objected to Congress's power to tax and raise a standing army and to the vast size of the proposed republic. He felt this powerful new government would supplant the states.

Bill of Rights

First 10 amendments to the Constitution, guarantees civil rights and liberties

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, appropriate checks and balances can be created in government

Federalists and Anti-Federalists

Anti-Federalists wanted states' rights, bill of rights, unanimous consent, reference to religion, more power to less-rich and common people; Federalists wanted strong central government, more power to experienced, separation of church and state, stated that national government would protect individual rights

Federalist 70

Federalist paper by Alexander Hamilton supporting the idea of the presidency as a branch united in one individual (unitary theory of the presidency) so that the presidency can execute the law quickly and without hesitation while remaining constrained by their sole responsibility for action to the people through elections. The president's energy is essential to good governance, as a multiplicity of executives is inherently weak.

Federalist No. 78

written by Alexander Hamilton; describes the process of judicial review, in which the federal courts review statutes to determine whether they are consistent with the Constitution and its statutes, Indicates that under the Constitution, the legislature is not the judge of the constitutionality of its own actions.

Letter From A Birmingham Jail

A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation, non-violent direct action is necessary to create tension and make change; other efforts of negotiation had failed

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 pursuit of happiness

Popular Sovereignty

A belief that ultimate power resides in the people.

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.

Representative Republic

A system of government in which citizens elect representatives, or leaders, to make decisions based on the law and/or constitution.

elite democracy

activism and participation of "the common man" are discouraged. Instead, the wealthy and educated elite are entrusted with decision-making for the population.

interest group

An organization of people sharing a common interest or goal that seeks to influence the making of public policy

participatory democracy

Importance on broad participation in politics and society no matter socioeconomic status.

pluralist democracy

organized groups of citizens that advocate for common interests. The whole group in a pluralist democracy is striving for the same political goal.

Representative Democracy

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.

Factions

Political groups that agree on objectives and policies; the origins of political parties.

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

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.

exclusive powers

Those powers that can be exercised by the National Government alone

police powers

state power to effect laws promoting health, safety, and morals

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.

enumerated powers

The powers explicitly given to Congress in the Constitution.

implied powers

Powers not specifically mentioned in the constitution

selective exclusiveness

a doctrine asserting that when the commodity requires a national uniform rule, only Congress may regulate

block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent

categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

Devolution

the transfer of powers and responsibilities from the federal government to the states

Fiscal Federalism

Federal government using money (grants) to influence & control states.

Mandates

terms set by the national government that states must meet whether or not they accept federal grants

revenue sharing

federal sharing of a fixed percentage of its revenue with the states

Strings

other obligations in exchange for accepting a grant.

Bicameral

A legislature consisting of two parts, or houses

House of Representatives

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

Senate

upper house of the United States Congress, which is a small group of elected people who decide the laws of the country. Every U.S. state elects two people to represent them in the US Senate. These people are called senators. Since there are 50 US states, there are 100 senators.

advice and consent

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

coalitions

Alliances of various parties

Power of the Purse

Constitutional power given to Congress to raise and spend money

cloture rule

a rule used by the Senate to end or limit debate

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.

germane

commonly refers to whether or not an amendment or rider to a bill needs to be relevant to the original bill or not

hold

A procedural practice in the Senate whereby a senator temporarily blocks the consideration of the bill or nomination.

logrolling

vote trading; voting to support a colleague's bill in return for a promise of future support

Omnibus Bill

One very large bill that encompasses many separate bills.

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.

rider

A provision attached to a bill - to which it may or may not be related - in order to secure its passage or defeat.

sponsor

a person, usually a legislator, who presents a bill or resolution to a legislature for consideration

unanimous consent

an agreement by every senator to the terms of debate on a given piece of legislation

discretionary spending

Federal spending on programs that are controlled through the regular budget process

mandatory spending

spending on certain programs that is mandated, or required, by existing law

Committee of the Whole

the House of Representatives operating as a committee on which every Member of the House serves.

conference committee

Committee appointed by the presiding officers of each chamber to adjust differences on a particular bill passed by each in different form.

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.

joint committee

A committee composed of members of both the House of Representatives and the Senate; such committees oversee the Library of Congress and conduct investigations.

President of the Senate

the presiding officer of a senate; in Congress, the vice president of the United States

President Pro Tempore

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

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.

select committee

a small legislative committee appointed for a special purpose.

Ways and Means Committee

a permanent committee of the United States House of Representatives that makes recommendations to the House on all bills that would raise revenue

Gerrymandering

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

gridlock

a situation in which the government is unable to pass new legislation

swing district

a district where no single candidate or party has overwhelming support

Politico Model

Members of Congress act as delegates or trustees depending on the issue

trustee model

a model of representation in which a member of the House or Senate follows his or her own conscience when deciding issue positions

informal powers

powers of the governor not derived from constitutional or statutory law

line-item veto

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

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.

stewardship theory

A theory that argues for a strong, assertive presidential role, with presidential authority limited only at points specifically prohibited by law.

Bully Pulpit

the president's use of his prestige and visibility to guide or enthuse the American public

judicial review

Allows the court to determine the constitutionality of laws

original jurisdiction

The jurisdiction of courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case.

District Courts, Circuit Court of Appeals, Supreme Court

1: trial courts. The U.S. District Courts are courts of general jurisdiction, meaning that they can hear cases involving a broad array of issues.

2: hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies.

3: the highest federal court in the US, consisting of nine justices and taking judicial precedence over all other courts in the nation.

Stare Decisis (precedent)

"Let the decision stand"...courts generally follow the decisions of lower courts in similar cases that set a precedent

Strict Construtionist

constructionists believe in a liberal, narrow definition of the constitution and the powers it grants, tends to be held by republicans

Loose Constructionist

Broad interpretation of the Constitution, interpretation changes as time moves on

Judicial Activism vs. Judicial Restraint

Activism - A vigorous or active approach to reviewing the other branches of government. Restraint - Reluctance to interfere with elected branches, only doing so as a last resort

Bureacracy

system of government that includes different job functions and levels of authority

Iron Triangle

The three-way alliance among legislators, bureaucrats, and interest groups to make or preserve policies that benefit their respective interests.

Compliance Monitoring

making sure the firms and companies that are subject to industry regulations are following those standards and provisions

legislative veto

ability of congress to override a presidential decision

Civil Liberties vs. Civil Rights

Civil Liberties are about freedoms we possess, mostly outlined in the bill of rights and constitution. Civil Rights involves equal treatment/protection under the law

wall of separation principle

court ruling that government cannot be involved with religion

symbolic speech, obscene speech

symbolic: consists of nonverbal, nonwritten forms of communication

obscene speech: consists of nonverbal, nonwritten forms of communication, obscenity test

malicious intent

behavior of knowingly and deliberately causing harm

"breathing space"

allows published information to have unintended inaccuracies without being sued for libel.

libel

written defamation

Writs of Assistance

legal document that enabled officers to search homes and warehouses for goods that might be smuggled

selective incorporation

the Court has held on a case-by-case basis that many of the provisions of the Bill of Rights limit state government action.

Jim Crow Laws

Laws designed to enforce segregation of blacks from whites

poll taxes, literacy tests, grandfather clauses

A poll tax was a tax for voting - newly freed slaves could not afford to pay the tax

A literacy test is a difficult test to pass in order to vote - newly freed slaves were often illiterate and could not pass the test