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enlightenment
european intellectual movement that influenced the declaration of independence and the founding fathers on ideas of government — John locke, Montesquieu, David hume
american political culture
shared beliefs defining relationships of citizens to the American government, containing many different parts
republicanism
a form of government where the government gets its authority from the people. hierarchical, focus on participatory rights, and the common good of the people
5 parts of the declaration of independence
introduction
preamble
natural rights
grievances vs king of england
declaration/justification for independence
sovereignty
the right of the government to rule
popular sovereignty
people give government the right to rule, what American political culture is based on. tries to ensure political equality for all citizens.
representative democracy
based in republicanism, a political system where the people elect others to represent them instead of practicing a direct democracy. established in American political culture
liberty in American political culture
liberty from government interference or liberty to pursue individual dreams?
participatory democracy theory
widespread participation in politics is what runs democratic society, such as thru joining civil society groups (political associations outside gov’t control). citizen involvement important
pluralist democracy theory
says the role of groups in policymaking process is most important to democratic society. i.e. ACLU, NRA
elitist democracy theory
says that a small minority with the majority of the economic power controls democratic society, and that elected officials are influenced by money. concerned with growing income gap, says rich people and business get too much benefits from government (like tax exemptions)
political institutions
framework established by the US constitution to create the executive, legislative, and judiciary branches so that government power would be limited
totalitarian
no limit to government power
authoritarian
submits some power to private institutions to limit national power but still suppresses people’s voice
constitutional republic
the US’s form of government where people elect representatives the government has limits, and the constitution is Supreme law of the land
civil society
broad citizen involvement in politics
articles of confederation
the first constitution adopted by the 2nd continental Congress in 1777. in 1781, it began being adopted by states (during the American revolution). by 1786, serious problems arose because fed gov couldn’t tax, raise an army, or control commerce. states had to pay federal expenditures, 9/13 states had to consent to declare war, states accepted war debt, and to amend 13/13 states had to approve.
created a confederation and league of friendship between states
league of friendship
states had their own protections against possibility of other states claiming its territory or encroaching on its rights under the AOC
shays rebellion
an uprising of farmers in Massachusetts 1786 where they attacked courts to stop foreclosures. the federal government couldn’t do anything and massachusetts state troops were not sufficient, revealed weakness of AOC
development of the constitution
in 1786, 5/13 states met to address disunion at the annapolis convention. led to constitutional convention in Philly the following year. 2 big issues were: representation of states in the national government and the national gov’ts powers. set up a constitution with limited government, power distributed between different branches, and few individual rights explicitly protected.
writ of habeas corpus
the federal government cannot suspend people’s right to knowing their sentence and evidence against them except during times of rebellion or invasion
great compromise
virginia plan—bicameral legislature, population based HOR and equal representation in senate. madison
new jersey plan—unicameral legislature with 1 vote for each state.
hamilton combined them into HOR pop and Senate 2 , led to 3/5 compromise for slave states
compromise on importation
congress couldn’t restrict trade until 1808 at least.
separation of powers
outlined by montesquieu, expanded with checks and balances to divide power more.
federalism
states/nat gov share power, divide it
commerce clause
gives congress the power to borrow money, collect taxes, regulate trade with foreign nations, indian tribes, and between states.
necessary proper/elastic clause
gives federal gov power to go beyond what is explicitly written in the constitution. led to implied powers — mcculloch v maryland
electoral college
electors given to states based on their reps in congress selects president. 2 votes for senate and 1 for HOR
marbury v madison 1803
established judicial review
amending the constitution
process purposefully made difficult to protect minority voices.
amendment has to be proposed by 2/3 vote in HOR and Senate or by 2/3 od states in a national convention
has to be ratified by majority vote in ¾ state legislatures or by ratifying conventions in ¾ of states
only 27 amendments have been ratified, the 1st 10 make up bill of rights
federalist number 10
factions would present biggest problem for a republic. to naturally check factions, republic form of govt most efficient — instead of direct democracy. a large republic best.
federalist number 51
to prevent tyranny, check self-interest of man by separation of powers. seen thru bicameral, federalism, multiple factions, etc.
brutus no 1
feared supremacy clause, power of national govt being too much.
unitary system
1 central govt exercises authority over subnational govts like China, UK. devolves powers to states (delegations)
confederal system
subnational governments like states have more power than national government like US under AOC and switzerland
enumerated/expressed powers
powers granted to the national government in the constitution to congress. only the nat gov can exercise these (coin money, declare war). mostly in article 1, section 8
implied powers
not specifically given to the federal govt but made possible under necessary and proper clause
bills of attainder
people cant be found guilty without trial—constitution says federal govt cannot prohibit
US v darby 1941
said 10th amendment couldn’t give states/people powers the national gov didnt have.
reserved powers
retained by states because not given to national govt — found in 10th amendment
concurrent powers
national and state govt overlap
13th amendment
outlawed slavery with specifity to states not being able to deny federal law
14th amerndment
limits on state actions, couldn’t discriminate a person from having unalienable rights
15th amendment
right to vote for all, states couldnt deny right
plessy v ferguson
asserted states rights by saying separate but equal was legal even though federal law went against the conscpet of segregation
extradition
state officials must return defendant to another state where crime was committed
priveleges and immunities clause
state can’t discriminate people from out of state, so have to recognize out of state licenses
dual federalism
fed/state gov run in independent spheres of influence, from constitution to new deal
cooperative federalism
fed/state gov policy overlaps and both cover issues at same time. popularized after 1933 new deal, LBJ great society in 60s. declined in 70s, 80s with reagan.
selective incorporation
fundamental liberties in BOR applied to states on a case-by-case basis
Gill v Whitford
Wisconsin’s 2011 redistricting process biased towards Republicans. case didn’t give definitive ruling on redistricting. reaction to baldus v Brennan that found out republicans signed secret contracts for redistricting
factions
groups of individuals, whether constituting a majority or minority of citizens, could damage the liberty of others
house of representatives
-direct vote from specific district
-2 yr term, unlimited number of terms
-at least 25 years old, resident of state, citizen for 7 years
senate
-direct vote from state
-6 year terms, unlimited amount, staggered to every 2 years
-9 year citizenship, resident of state, at least 30
17th amendment
allowed for a direct vote of Senate when previously they were elected by state
congressional powers
outline in article 1 of constitution (enumerated). lawmaking, budgeting, exercising oversight of federal officials. legislate in economic policy, national security, foreign politics
constituencies
bodies of voters in an area who elect representatives or senators, enumerated in constitution. controversial still because the HOR districting isn’t in constitution.
1842 apportionment act
mandated single member districts for house of representatives
staggered Senate elections
no 2 Senate seats from the same state are up for grabs in the same election. equal state representation means voters are NOT equally represented
apportionment
process of determining number of reps for each state based on census results every 10 years. each state guaranteed one or more congressional districts even if their population is low.
redistricting
after each census, states redraw boundaries of electoral districts. when a state has 1 rep, their district boundaries are the same as state boundaries. some states redistrict between censuses but many have prohibited it
gerrymandering
redistricting for the benefit of specific interest groups or political parties — partisan.
majority-minority districts
voters of minority ethnicity make up the majority of a district. debated whether this increases representation of minorities in congress
baker v carr 1962
SC case: challenged tennessee’s congressional boundaries that hadn't been changed since 1901 and made Tennessee redraw them to have an equal number of constituents in a district. made malapportionment unconstitutional because it violates equal protection clause in the 14th amendment. led to “one person one vote” precedent in Gary v sanders 1963 and reynolds v Sims 1964
malapportionment
when a population is districted in uneven numbers between legislative districts, unconstitutional after baker v carr
shaw v reno 1993
SC case: a north carolina reapportionment plan was rejected because it would’ve produced majority-minority districts. precedent set was that states could use race only as a consideration, not main factor, in reapportionment.
incumbency
running for re-election as opposed to running for the first time
incumbent advantage
incumbents usually win. because have background achievements, money, and franking privilege.
in HOR, this advantage is stronger because constituents come from a smaller district, elections are every 2 years, and many districts are considered “safe.” senator incumbents still likely to win but they have a longer term, it’s harder to reach all constituents, and states are more politically diverse.
franking privilege
the free use of mail for communication with constituents given to incumbents
line voting
everyone in a party (minority or majority) votes to support only party positions. less common in the US as opposed to other nations with similar majority/minority party opposition
speaker of the house
the only HOR leadership position drawn out in constitution. every 2 years, members of HOR elect the speaker, usually is a majority party member. 3rd in line for presidency
political action committees PACS
private organization for the purpose of raising and spending money for use in election campaigns
house majority leader
2nd in command HOR helps set party strategy by communicating with other party leader and tries to keep members of their own party in line
majority whip
collects information about how individual members are planning to vote, helping set party strategy
house minority leader
less power than other leadership roles. coordinates minority party plans, opposition to majority party, and overall strategy. has its own whips to help them.
vice president
president of the Senate. the only one who can break a tie in the senate (can only vote if there is a tie). does not usually preside over senate activities. balances hope for election when picked by presidential nominee
president pro tempore
in the senate, the presiding role over proceedings. has no real power, only fills in for the VP
senate majority leader
most powerful leadership role in the senate. compared to HOR speaker/majority leader, has less power because there is more individuality in the senate (less people). has whips
senate minority leader
second most powerful position in senate. has whips
committees
in both HOR and Senate, these groups divide the workload for legislating.
-more members per committee in HOR, and each rep serves in 1-2. smaller committee sizes in senate = each senator serves in many.
-new reps will try to get appointed to committees that deal with their constituents’ interests. can pay to be assigned (v expensive)
committee chairs
lead a specific committee in HOR or senate. chosen by the party leader, used to be by seniority. have term limits. influence the agenda of committees
standing committee
permanent, highly productive committees divided by policy area. evaluate specific bills and approve/send off for more debate or kill them. members serve for multiple terms, divided into subcommittees due to high workload. HOR/senate have different ones.
joint committee
combines members of HOR and Senate to focus public attention on an issue and gather information for congress. focuses on issues of H&S rather than legislation. limited jurisdiction
conference committee
temporary joint committee that resolves a difference between H&S versions of a bill during the legislating process. temporary until the diff versions of bill are conjoined into one
select/special committee
temporary to investigate issues in response to a scandal or crisis. no legislative authority
introducing a bill into house or senate
can come from rep/senator, an interest group, or by the people. some bills are introduced with no intention of being passed, only to make a statement.
bill referral to committees
prospective law is assigned to committees, often multiple if complex (multi-referral), a critical step in legislating as what committees a bill is assigned to plays a large role in if it will be considered further, since committees can vote to reject bill or table it.
markup sessions
if a bill is not killed in the committee referral process (as many are), then these revisions allow a committee to fix the bill before it is announced H and S floors.
committee report
written record/history of a bill and all the revisions it has gone through that follows a bill from committee to the floor
discharge petition
in HOR, members can file this to free a bill from a hostile committee and move it onto the House floor for a vote. rarely successful because requires a majority vote
floor consideration
after committee stage, a bill moves onto the floor for vote or further debate. process complicated in H because so many people, leads to house rules committee formation.
House Rules Committee
determines when a bill will be debated, how long, and whether amendments will be allowed to be made on the floor during the floor consideration stage of legislating
committee of the whole
a way for the house to quickly address a bill when being considered on the floor because requires a smaller quorum than the full house: only 100 members are needed to meet and vote on legislation
roll call vote
members of congress vote with “yea” “nay” or “present.” electronic in the house
hold
if a senator objects to a bill, they can use this strategy to indicate disapproval, waste time, and show majority leader their doubt
unanimous consent agreements
outlines tthe terms for considering a bill on the senate floor, usually set by the majority leader or floor manager and can limit the time for debate, etc.
filibuster
when a senator wants to delay passage of a bill or make a statement they can talk for any length of time about anything they want, often is indicated by the introduction of a hold
cloture
3/5 vote in the senate can shut down debate over a bill so that the chamber can vote
hostage taking
a senator can use time-wasting strats to hold off the unrelated vote of a government official/presidential nominee to make a statement and possibly get concessions; delaying appointment of officials can push others to sign/admit things so that the official will be approved
resolution of bills
if the H&S versions of a bill are different after consideration on the floor, a conference committee can be called to resolve the difference. this step can be avoided if one chamber just accepts the other’s version. once resolved, the bill goes back to each chamber for reconsideration (no amendments to be passed).