POSC 1010 Exam 1 Study Guide

Filibuster

A tactic used in the Senate to delay or prevent a vote on a bill by speaking for an extended period of time.

Government

A system for implementing decisions made through the political process.

What are the two key purposes of government?

1. to provide order

2. to promote the general welfare

monarchy

the one and for the common interest

tyranny

the one and for the interest of the ruler(s)

aristocracy

the few and for the common interest

oligarchy

the few and for the interest of the ruler(s)

polity

the many and for the common interest

democracy

the many and for the interest of the ruler(s)

Separation of powers

The division of power among three branches of government.

Checks and balances

Each branch of government has some power over the others to prevent any one branch from becoming too powerful.

Federalism

The division of power between local, state, and national levels of government.

Public Goods

Goods or services that, if provided to one person, become available to all.

Collective Action Problems

Situations in which a group would benefit from working together, but each individual might be better off not working together.

Free Rider Problem

When individuals can benefit from a public good without contributing to its provision.

Tragedy of the Commons

A specific collective action problem where not working together results in overuse or depletion of a resource.

Free Market

A system based on competition between businesses without government intervention.

Redistributive policies

Policies aimed at creating social equity through taxation.

Norms

Unwritten rules and informal agreements about how government and society should operate.

The Declaration of Independence

A document that explains the reasons for the American colonies' separation from British rule.

the preamble (the declaration of independence)

explains why they are writing

the declaration of natural rights (the declaration of independence)

lists the God-given rights of all men

the lists of grievances (the declaration of independence)

lists the colonists’ objections to British government

the resolution of independence (the declaration of independence)

officially declares independence

Federalists

Supporters of a strong central government.

Anti-Federalists

Supporters of giving more power to the states.

Virginia Plan

A proposal for representation in Congress based on population.

New Jersey Plan

A proposal for equal representation in Congress for each state.

Connecticut Compromise

A compromise that created a bicameral legislature with equal representation in the Senate and representation based on population in the House of Representatives.

3/5ths compromise

each enslaved person counted as 3/5

The structure of the Constitution

The organization and layout of the Constitution, including the Preamble, articles I - VII, and the ammendments.

The Federalist Papers

A series of essays written to explain and justify the framework created by the Constitution.

Ratification

The process of formally approving the Constitution by the states. Only need 9 out of 13 states to agree

positive powers

things each branch can do

negative powers

power to limit another branch

shared powers

powers they have to share

implied powers

powers not specifically stated but likey given the descriotion of the specific powers

Powers of Congress

The specific powers granted to Congress, including the power to raise and spend money, regulate commerce, establish courts, declare war, and raise armies.

Necessary and Proper Clause (Elastic Clause)

A clause in the Constitution that gives Congress the power to make laws that are necessary and proper for carrying out its other powers.

powers exclusive to the president

1. commander in chief of the armed forces

2. receive ambassadors and foreign ministers

3. issue pardons

shared powers

1. negotiate treaties and appoint to the federal courts

2. war powers

powers congressional checks

1. impeachment

2. the power of the purse

3. making laws or not

powers presidential checks

1. the veto

2. power to appoint judges

powers judicial review

none

the supremacy clause

says that if there is a federal law in conflict with a state law, the federal law takes precedence

10th Amendment

Amendment that states that powers not specifically listed as national are reserved for the states.

14th Amendment

Amendment that extended the rights in the Bill of Rights to the state level and prohibits states from depriving individuals of life, liberty, or property without due process of law.

Full Faith and Credit Clause

Clause in Article IV of the Constitution that requires each state to recognize the public acts, records, and judicial proceedings of other states.

Privileges and Immunities Clause

Clause in Article IV of the Constitution that requires states to treat visitors from other states the same as their own citizens.

McCulloch vs Maryland

Supreme Court case that upheld the national government's right to establish a bank and reaffirmed the idea of national supremacy.

Gibbons vs Ogden

Supreme Court case that established Congress's authority over interstate commerce, including navigation.

Barron vs Baltimore

Supreme Court case that held that the provisions of the first eight amendments applied only to the national government, not to the states.

Dred Scott vs Sanford

Supreme Court case that treated Scott as property, not as a person, and declared portions of the Missouri Compromise unconstitutional.

Remedial Legislation

National laws that were enacted to stop discriminatory state laws.

four important characteristics from the last 60 years that pushed us towards more national power

1. reliance on the national government in times of crisis/war

2. the rights revolution of the 60s

3. the great society programs

4. the rise of coercive federalism

Commerce Clause

Clause in Article I of the Constitution that gives Congress the power to regulate interstate commerce.

Coercive federalism

The rise of the national government's power over the states through the use of funding and mandates.1. Federalism:A type of government where power is divided among political units (local, state, and federal).

Autonomy

The ability to self-govern or make decisions independently.

Distinct Powers

Powers that are specifically granted to either the national government or the state government.

Police Powers

Powers held by the state government to maintain public health, safety, and order.

Concurrent Powers

Powers that are shared by both the state and federal governments.

Dual Federalism

A type of federalism where the state and national governments are distinct entities providing separate services.

Cooperative Federalism

A type of federalism where the national and state governments work together to provide services.

Picket Fence Federalism

A subtype of cooperative federalism where policy makers work together within the same policy area spanning national, state, and local governments.

Fiscal Federalism

Federal funds provided to state and local governments to provide services.

Coercive Federalism

When the national government pressures the states to change their policies by using regulations, mandates, or conditions.

Unfunded Mandates

National government passes laws that require states to do things but doesn't provide them with the funds to do them.

Categorical Grants

Aid provided for a specific purpose.

Block Grants

Aid provided to be used in a policy area but the state can choose how to use it.

Devolution

Giving more power back to the states.

Competitive Federalism

A form of federalism where states compete with each other to attract businesses and jobs.

Unitary governments

National government has ultimate authority over others.

Confederal governments

States hold power over a limited national government.

Civil Liberties

Basic political freedoms to protect citizens from governmental abuses.

civil rights

protection from discrimination

1st Amendment

The amendment that protects freedom of religion, speech, press, assembly, and petition.

freedom of religion

you can believe what you want, belong to any religion or no religion.

freedom of speech

you can voice your opinions using words, symbols, or action

freedom of petition

you can criticize the government, and you can complain about policies that affect you negatively and ask for change

Establishment Clause

Part of the First Amendment that prohibits Congress from sponsoring or endorsing any religion.

Free Exercise Clause

Part of the First Amendment that protects the practice of religion from government interference.

Strict Scrutiny

The highest level of scrutiny applied by the court to laws that attempt to regulate the content of speech.

Intermediate Scrutiny

A level of scrutiny applied by the court to laws that must be content neutral and further an important government interest.

Symbolic Speech

Nonverbal expression or actions that convey a message. Forms of communication that do not involve spoken or written words, such as signs and symbols.

Freedom of Assembly

The right of individuals to gather peacefully and express their opinions, protected by the government as long as they do not incite violence or discriminate against certain groups.

Freedom of the Press

The right of the media to publish information without prior restraint, with few limitations imposed by the government.

Prior restraint

The act of preventing the publication of information by the government, usually justified by social or political importance for a limited period of time.

the pentagon papers

an internal investigation into what happened in Vietnam, showed that the president had not been completely honest about what had happened.

Wikileaks

91,000 reports about the war on Afghanistan leaked by them.

Slander

Spoken false statements that harm a person's reputation.

Libel

Written false statements that harm a person's reputation.

Commercial Speech

Public expression aimed at making a profit, such as advertising, which can be regulated by the government if it involves illegal activities, is misleading, or conflicts with a substantial government interest.

2nd Amendment

The right to bear arms, with limited Supreme Court rulings related to the "well regulated militia" aspect of the amendment.

Due Process Rights

Protections against the government taking away life, liberty, or property without fair legal procedures.

Fourth Amendment

Protection against unreasonable searches and seizures, requiring law enforcement to obtain a warrant based on probable cause.

Fifth Amendment

Protects against self-incrimination, double jeopardy, and outlines when the government can take property.

Sixth Amendment

Guarantees the right to legal counsel, a speedy trial, and an impartial jury.

Eighth Amendment

Prohibits cruel and unusual punishment.

Shared powers

War powers held by both the president and Congress.

Exclusive powers

Powers held exclusively by a specific branch of government.