POSC150 Exam 2

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Lemon Test (Lemon v. Kurtzman)

1. must be a secular government purpose for the law

2. the effect must neither inhibit or advance religion

3. there must not be excessive entanglement with religion

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Sherbert v. Verner (1963)

the Supreme Court ruled that disqualifying Sherbert, a Seventh-Day Adventist, from receiving unemployment benefits violated the free-exercise clause

Employment Division v. Smith (1990)

Determined that the state could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote, even though the use of the drug was part of a religious ritual. Although states have the power to accommodate otherwise illegal acts done in pursuit of religious beliefs, they are not required to do so. Neutral laws of general applicability do not violate the Free Exercise Clause of the First Amendment.

compelling government interest

A test of constitutionality that requires the government to have compelling reasons for passing any law that restricts fundamental rights, such as free speech, or distinguishes between people based on a suspect trait.

Rationally Related

Anything the government could believe would further an interest, unless it is arbitrary

"So long as the legislature believed it could work for a legit government interest satisfies minimal scrutiny"

Religious Freedom Restoration Act (1993)

Restored compelling purpose guideline for courts to use when states restrict religious liberty. Struck down by Supreme Court in Boerne v. Flores.

American Exceptionalism

The idea that the American experience was different or unique from others, and therefore America had a unique or special role in the world, such as a "city upon a hill."

Three Dimensions of Exceptionalism

Policies, culture, and institutions defining America.

Gross Domestic Product (GDP)

A measurement of the total goods and services produced within a country.

welfare state

a state that assumes primary responsibility for the social welfare of its citizens

Welfare spending

Government expenditure on social support programs.

Why does the United States have more prisoners per capita than other countries?

- Severity of punishment (much greater in the U.S.), especially with respect to drug offenses

Why are Americans more religious?

economic- religious competition after the American Rev.

psychological- small welfare state, less economic security, when people lack security, people are more likely to seek assistance from a divine being

historical- Separation of Church and Stata

unicameral legislature

a legislature with one chamber

bicameral legislature

a lawmaking body made up of two chambers or parts

plurality

Candidate or party with the most votes cast in an election, not necessarily more than half.

majority

The candidate or party that wins more than half the votes cast in an election.

supermajority

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

individualism

giving priority to one's own goals over group goals and defining one's identity in terms of personal attributes rather than group identifications

Presidential system of government

A republican form of government in which voters choose a president to lead the executive branch of government, which is separate from other branches.

Parliamentary System

A system of government in which the legislature selects the prime minister or president.

Liberalism in the US

-Supports the welfare state (programs to support individuals)

-Support economic regulation (banks were a big part of the cause of great depression)

Conservatism in the US

Embraces free market, limited role for the state, reduced government spending, lower taxes, and link to dominant religion.

Classic Liberalism (Laissez-Faire)

The political ideology of individual liberty, private property, a competitive market economy, free trade, and limited government. The ideal is a laissez faire or "let alone" policy in which government does the least possible.

Libertarianism

An ideology that cherishes individual liberty and insists on minimal government, promoting a free market economy, a noninterventionist foreign policy, and an absence of regulation in moral, economic, and social life.

Neoliberalism

A strategy for economic development that calls for free markets, balanced budgets, privatization, free trade, and minimal government intervention in the economy.

Perceived Powers

High expectations, High Perceived powers.

• Expect them to simply fix things (economy, crime, peace, etc.)

• Elevate the president above all other actors in the political system

Constitutional (Expressed) Powers

Commander in chief: civilian control of the military

The authority to negotiate treaties (2/3 consent of Senate is needed)

Implied Powers

Powers not specifically mentioned in the constitution

- Ability to initiate wars and to commit U.S. troops even though only Congress has the power to declare war!

Actual Powers: Domestic Policy

• Management of the executive branch: must see that all laws are faithfully executed.

• Appoints and supervises all executive officers

• Through the appointment processes, presidents can influence how various programs are administered.

Informal Powers

powers not laid out in the Constitution but used to carry out presidential duties

Sources of conflict within Congress

- Different electoral cycles

- Different constituencies

- Party polarization

Presidential powers: structure debate

Environment, context, constraints

Presidential Powers: Agency Debate

Individual choices, goals, or behaviors

Structural Explanation: Marxism

Emerged as the most famous socialist belief system during the 19th century. Saw all of history as the story of class struggle.

Structural Explanation: Predestination (Calvinism)

John Calvin's belief that God had already predetermined who was going to enter eternal damnation and who was going to achieve salvation

Agency Explanation: Most Movies and Biographies

Emphasize individual actions of a certain leader that developed certain outcomes

Kansas-Nebraska Act (1854)

Proposed by Senator Douglas (Illinois) and advocated popular sovereignty in Kansas and Nebraska territories (vote by people of territory whether they would be slave or free state). Douglas wanted it to facilitate the building of the transcontinental railroad on a central route through Illinois, thus benefitting his state economically. K/A Act passed but backfired terribly as extremes of both sides of slavery debate flooded into Kansas. Votes on constitutions were plagued with fraud and "Bleeding Kansas" begins as violence erupts between pro/anti-slavery groups.

Dred Scott Decision

A Missouri slave sued for his freedom, claiming that his four year stay in the northern portion of the Louisiana Territory made free land by the Missouri Compromise had made him a free man. The U.S, Supreme Court decided he couldn't sue in federal court because he was property, not a citizen.

Lincoln position on slavery

- Supported some form of racial equality (life, liberty, and pursuit of happiness) but not others (voting, civil rights, intermarriage).

- Slavery is immoral but would not interfere where it

exists.

House Rep term

2 years

Senate term

6 years

Number of House members

435 members

Number of Senate members

100 (2 per state)

House elected by

people (districts)

Senate elected by

People of state

Incumbency Advantage

the electoral edge afforded to those already in office

Geographic Sorting

The tendency for people to choose to live near other like-minded people. Liberals may leave the small town or suburb for the city, while conservatives may leave the city for the suburbs. Such sorting further contributes to political polarization as communities become less diverse and more homogenous.

Apportionment and Redistricting

Redrawing district boundaries after a state loses or gains seats in the House of Representatives.

Gerrymandering

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

Important Court Decisions Regarding Congressional Districts

-Districts must be contiguous: a single piece of geographic space and physically connected.

• Approximately equal size: one person, one vote

• Race cannot be a "predominant factor" in creating districts.

• Forbidden to draw districts that dilute minority voting strength (packing or cracking).

• Partisan gerrymandering is still acceptable—but you cannot go "too far."

Approval Rating of Congress

16-26%

Approval Rating of President

40-60%

Approval Rating of Supreme Court

around 50%

Americans use the following criteria to evaluate their own representative

-Constituency Service

-Personal Attributes

-Policy Issues

Kludgeocracy

the complexity of government

American Dream

The widespread belief that the United States is a land of opportunity and that individual initiative and hard work can bring economic success.