POLI 1 Midterm Terms

Federalist 10 - Madison

supports a large republic, makes it harder for factions to dominate

Brutus 1

supports state/local government power, believes a large republic will be too powerful and take away freedom

Original Jurisdiction

court has the power to hear a case first (trial court)

Appellate Jurisdiction

court as the power to review decisions made by lower courts (hear appeals)

Marbury v. Madison

established judicial review (gave court the power to declare laws unconstitutional)

Roe v. Wade

1973 ruling said that women have the right to choose to have an abortion, but it was overturned, and individual states can set their own abortion laws

Dobbs v. Jackson

case that overturned Roe v. Wade saying that the Constitution does not guarantee a right to abortion

Undue Burden

legal standard used to decide whether a law unfairly restricts a constitutional right

Brandenburg Test

used to decide whether a speech can be punished as an illegal incitement

• Intended - to incite or produce lawless action

• Imminent - about to happen

• Likely - to produce that lawless action

Necessary and Proper

gives Congress flexibility to carry out its powers

• useful or helpful (necessary)

• appropriate and constitutional (proper)

Elastic Clause

another term for “Necessary and Proper” - allows Congress to stretch its powers to pass laws needed to carry out its constitutional duties

Enumerated Powers

specific powers explicitly listed in the Constitution

• tax and collect money

• regulate interstate and foreign trade

• declare war

• raise and support an army/navy

• coin money

• establish post offices

• create federal courts below the Supreme Court

Filibuster

tactic to delay or block a vote on a bill by extending debate (stop talking, or need 60 votes to end debate) - gives minority parties power to slow down legislation

Cloture

procedure used to end debate and overcome a filibuster - force Senate to move forward to a final decision

Brown v. Board of Education

ruled that segregated public schools are unconstitutional because “separate” is not truly equal

Civil Rights

basic rights and freedoms that protect individuals from unfair treatment by the government or other people, freedom from discrimination

Civil Liberties

freedoms you have that the government can’t take away without a strong legal reason - limiting government power

• freedom of speech, religion, press

• right to a fair trial

• protection from unreasonable searches and seizures

Prisoner’s Dilemma

where individual self-interest leads to worse outcome for everyone (either stay silent or confess)

Collective Action Problem

situation where people would all benefit from working together, but individual incentives discourage cooperation (prisoner’s dilemma example)

Free Riding

when someone benefits from a shared resource or group effort without contributing to it (major cause of collective action problem bc it discourages participation and cooperation)

Federalism

system of government in which power is divided between a national and state government (share the authority)

Anti-federalism

belief that national government should be weaker and states should have more power (national government limited and individual liberty is more protected)

Supremacy Clause

federal law overrides state law when in conflict, but only if the federal law is valid

10th Amendment

powers not given to the federal government are reserved for the states or the people

Judicial Review

power of the courts to examine laws and actions of the government and declare them unconstitutional if they violate the Constitution

Voting Rights Act

federal law that prohibits racial discrimination in voting and protects the right of all citizens to vote

Executive Orders

written instruction from the president that has the force of law for federal agencies

• direct federal agencies on how to enforce laws

• set government policy priorities

• organize government operations

• respond quickly to national issues without waiting for Congress

2001 and 2002 Authorization of the Usage of Military Force (AUMF)

2001: authorized the president to use military force on terrorism after 9/11

2002: authorized the president to use military force focused specifically on Iraq

• basically laws that authorize the president to use military force

Impeachment Process

formally accusing a government official of wrongdoing and possibly removing them from office (including president)

• House of Representative: simple majority vote needed, if approved the official is impeached but not removed yet

• Senate: holds trial

• 2/3 vote in Senate required to convict

  • If convicted, removed from office

State of the Union