Poli Sci 104 - American Politics and Government

Factions

groups of like-minded people who try to influence the government. American government is set up to avoid domination by any one of these groups.

Checks and Balances

a system in which each branch of government has some power over the others

Public Goods

services or actions that become available to everyone. The government provides them because they will be under provided by the free market.

Collective Action Problem

when members of a group benefit from goods/services that the public works together to achieve without contributing (free rider problem)

Federalism

the division of power across the local, state, and national levels of government

Free Market

an economic system based on competition among businesses without government interference

Culture Wars

political conflict in the United States between "red-state" Americans, who tend to have strong religious beliefs, and "blue-state" Americans, who tend to be more secular

Redistributive Tax Policies

policies, generally favored by Democratic politicians, that use taxation to attempt to create social equality (ex: higher taxation of the rich to provide programs for the poor)

Conservative

the side of the ideological spectrum defined by support for lower taxes, a free market, and a more limited government; generally associated with Republicans.

Liberal

the side of the ideological spectrum defined by support for stronger government programs and more market regulation, generally associated with Democrats

Libertarians

those who prefer very limited government and tend to be conservative on issues like social welfare policy, environmental policy, and government funding for education, but liberal on issues involving personal liberty such as free speech, abortions, and the legalization of drugs

Democracy

government by the people; must have fair elections with at least 2 options

Articles of Confederation

sent to the states for ratification in 1777, these were the first attempt at a new American government. It was later decided that the Articles restricted national government too much, and they were replaced by the Constitution

Limited Government

powers of government are restricted to prevent tyranny by protecting property and individual rights

Shay's Rebellion

an uprising of roughly 1500 men in Massachusetts in 1786-87 to protest oppressive laws and gain payment of war debts. The unrest prompted call for a new Constitution

Republicanism

As understood by the framers, the belief that a government in which the interests of the people are represented through elected leaders is best

Popular Sovereignty

government that gains its legitimacy from "the consent of the governed," through regular, fair elections of leaders

Sovereign Power

the amount of authority and autonomy given to each unit of government

Federalists

those at the Constitutional Convention who favored a strong, national government and a system of separated power

Anti-Federalists

those at the Constitutional Convention who favored strong state governments and feared that a strong national government would be a threat to individual rights

Pluralism

the idea that having a variety of parties and interests within a government will strengthen the system, ensuring that no group possesses total control

Virginia Plan

proposed by the larger states during the Constitutional Convention, that based representation in the national legislature on population. The plan also included a variety of other proposals to strengthen the national government

New Jersey Plan

proposed in response to the Virginia Plan; smaller states at the Constitutional Convention proposed that each state should receive equal representation in the national legislature, regardless of size/population

Great Compromise

a compromise between large and small states, proposed by Connecticut, in which Congress would have 2 houses: a senate with 2 legislators per state and a House of Representatives in which each state's representation would be based on population (AKA Connecticut Compromise)

Parliamentary System

when legislative and executive power are closely joined. The legislature (parliament) selects the chief executive (prime minister), who forms the cabinet from members of parliament

Reserved Powers

as said in the 10th amendment, powers that aren't given by the Constitution or prohibited by the States, are reserved to the states or to the people

National Supremacy Clause

article VI, section 2 of the Constitution states that the Constitution and the laws and treaties of the US are the "supreme law of the land," meaning national laws take precedence over state laws if the two conflict.

3/5ths Compromise

A decision came to at the Constitutional Convention that each enslaved person should be counted as 3/5ths of a person in a state's population for the purpose of determining the number of House members and the distribution of taxes

Bill of Rights

first 10 amendments made to the Constitution. They protect individual rights and liberties.

Enumerated Powers

powers explicitly granted to Congress, the president, or the Supreme Court in the first 3 articles of the Constitution

Power of the Purse

the constitutional power of Congress to raise and spend money. Congress can use this as a negative or checking power over the other branches by freezing or cutting their funds.

Necessary and Proper Clause

article I, section 8 of the Constitution grants Congress the power to pass all laws related to its expressed powers; also known as the elastic clause

Impeachment

a negative or checking power over the other branches that allow Congress to remove the president, the vice president, or other "officers of the US," including federal judges, for abuses of power

Judicial Review

the Supreme Court's power to strike down a law or an executive branch action that it finds unconstitutional

Executive Power Clause

Article II, section I of the Constitution states that "the executive power shall be vested in a president of the United States of the America." This broad statement has been used to justify many assertions of presidential power.

Commerce Clause

Congress has "the power to regulate commerce...among the several states." The Supreme Court's interpretation of this clause has varied, but today it serves as the basis for much of Congress's legislation. (article I, section 8)

Due Process Clause

The 14th amendment of Constitution guarantees that the government cannot take away a person's "life, liberty, or property, without due process of law." Laws and legal proceedings must be fair.

Exclusive Powers

policy-making responsibilities that are exercised only by the national government

Police Powers

responsibilities that include the power to enforce laws and provide for public safety

Concurrent Powers

responsibilities for particular policy areas, such as transportation, that are shared by federal, state, and local governments

Unitary Government

a system in which the national, centralized governments hold ultimate authority. It is the most common form of government in the world.

Confederal Government

a form of government in which states hold power over a limited national government

Full Faith and Credit Clause

the part of article IV of the Constitution requiring that each state's laws be honored by the other states. For example, a legal marriage in one state must be recognized across state lines.

Privileges and Immunities Clause

the part of article IV of the Constitution requiring that states must treat non-state residents within their borders as they would treat their own residents. This was meant to promote commerce and travel between states.

States' Rights

the idea that states are entitled to a certain amount of self-government, free of federal government intervention. This became a central issue in the period leading up to the Civil War.

Dual federalism

the form of federalism favored by Chief Justice Roger Taney, in which national and state governments are seen as distinct entities providing separate services. This model limits the power of the national government. (Layer cake)

Cooperative Federalism

a form of federalism in which national and state governments work together to provide services efficiently. This form emerged in the late 1930s, representing a profound shift toward less concert boundaries of responsibility in national-state relations. (Marble cake)

Picket-Fence Federalism

a more refined and realistic form of cooperative federalism in which policy makes within a particular policy area work together across the levels of government

Fiscal Federalism

a form of federalism in which federal funds are allocated to the lower levels of government through transfer payments or grants.

Coercive Federalism

a form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, or conditions (often involving threats to withdraw federal funding)

Competitive federalism

a form of federalism in which states compete to attract businesses and jobs through the policies they adopt

Federal Preemption

imposition of national priorities on the states through national legislation that is based on the Constitution's supremacy clause

Unfunded Mandates

federal laws that require the states to do certain things but do not provide state governments with the funding to implement these policies

Categorical Grants

federal aid to state or local governments that is provided for a specific purpose, such as a mass-transit program within the transportation budget or a school lunch program within the education budget

Block Grants

federal aid provided to a state government to be spent within a certain policy area but that the state can decide how to spend within that area

Remedial Legislation

national laws that address discriminatory state laws. Authority for such legislation comes from section 5 of the 14th amendment

States' Sovereign Immunity

based on the 11th amendment, immunity that prevents state governments from being sued by private parties in federal court unless the state consents to the suit

Civil Liberties

constitutionally established guarantees and freedoms that protect citizens, opinions, and property against arbitrary government interference

Civil War Amendments

the 13th, 14th, and 15th amendments to the Constitution, which abolished slavery and granted civil liberties and voting rights to newly freed people after the Civil War

Selective Incorporation

the process through which most of the civil liberties granted in the Bill of Rights were applied to the states in a case-by-case basis through the 14th amendment

Establishment Clause

part of the 1st amendment that states, "Congress shall make no law respecting an establishment of religion," which has been interpreted to mean that Congress cannot sponsor or favor any religion

Free Exercise Clause

part of the first amendment that states that Congress cannot prohibit or interfere with the practice of religion unless there are important selectors reasons for doing so

Lemon Test

the Supreme Court uses this test, established in Lemon v Kurtzman, to determine whether a practice violates the first amendment's establishment clause.

Wisconsin v Yoder

a 1972 case in which the Supreme Court held that compelling Amish students to attend school past the eight grade violates the free exercise clause. The ruling opened the door to homeschooling.

Strict Scrutiny

the highest level of scrutiny the courts can use when determining whether a law is constitutional. The law or policy must be shown to serve a "compelling state interest" or goal, it must be narrowly tailored to achieve that goal, and it must be the least restrictive means of achieving that goal

Intermediate Scrutiny

the middle level of scrutiny the courts use. The law or policy must be "content neutral," must further an important government interest in a "substantially related" way, and must use means that are a close fit to the goal, which not being far broader than the goal

Clear and Present Danger Test

est. in Schenck v US, this test allowed the government to restrict certain types of speech deemed dangerous

Symbolic Speech

nonverbal expression. It benefits from many of the same constitutional protections as verbal speech. Ex: Tinker v Des Moines arm band

Hate Speech

expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is protected under the first amendment.

Prior Restraint

a limit on freedom of the press that allows the government to prohibit the media from publishing certain materials

New York Times v United States

in 1971 the Supreme Court ruled that the government could not prevent the publication of the Pentagon Papers, which revealed lies about the progress of the war in Vietnam

Fighting Words

forms of expression that "by their very utterance" can incite violence. They can be regulated but are often difficult to define

Slander

spoken false statements that damage one's reputation. They can be regulated but are difficult to distinguish from permissible speech

Libel

written false statements that damage one's reputation. They can be regulated but are difficult to distinguish from permissible speech

Comercial Speech

public expression with the aim of making profit. It has received greater protection under the First Amendment in recent years but remains less protected than political speech

Miller Test

used to determine whether speech meets the criteria for obscenity.

McDonald v Chicago

the supreme court ruled in 2010 that the 2nd amendment's right to keep and bear arms for self-defense in one's home is applicable to the states through the 14th amendment

Exclusionary Rule

the principle that illegally or unconstitutionally obtained evidence cannot be used in a criminal test

Double Jeopardy

under the 5th amendment, a person cannot be tried twice for the same crime

Gideon v Wainwright

the 1963 supreme court case that guaranteed the right to an attorney for the poor or indigent for felony offenses (listed in the Miranda Rights)

Privacy Rights

liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens' lives from governmental interference, such as the fourth amendment's protection against unreasonable searches and seizures

Bicameralism

a two chambered institution (a popularly elected House reflecting the relative populations of the states and a Senate chosen by state legislatures, representing each state equally)

Permanent Campaign

the continual quest for reelection that is rooted in high-cost professional campaigns that are increasingly reliant on consultants and expensive media campaigns

Pork Barrel

legislative appropriations that benefit specific constituents, created with the aim of helping local representatives win reelection

Descriptive Representation

representation in which a member of Congress shares the characteristics (race, ethnicity, gender, religion) of their constituents

Substantive Representation

representation in which a member of Congress serves constituents' interests and shares their policy concerns

Trustee

member of Congress who represents constituents' interests while also considering national, collective, and moral concerns that sometimes cause the member to vote against the preference of a majority of constituents

Delegate

member of Congress who loyally represents constituents' direct interests

Politico

member of Congress who acts as a delegate on issues that constituents care about, and as a trustee on more complex or less salient issues

Electoral Connection

the idea that congressional behavior is centrally motivated by members' desire for reelection

Casework

assistance provided by members of Congress to their constituents in solving problems with the federal bureaucracy or addressing other specific concerns

Incumbency Advantage

relative infrequency with which members of Congress are defeated in their attempts for reelection

Redistricting

redrawing the geographic boundaries of legislative districts. This happens every 10 years to ensure that districts remain roughly equal in population.

Apportionment

the process of assigning the 435 seats in the House to the states based on increases or decreases in state population

Gerrymandering

attempting to use the process of redistricting to benefit a political party, protect incumbents, or change the proportion of minority voters in a district. The two major types of gerrymandering are partisan and racial

Gridlock

an inability to enact legislation because of partisan conflict with Congress or between Congress and the president

Logrolling

a form of reciprocity in which members of Congress support bills that they otherwise might not vote for in exchange for other members' votes on bills that they care about. Can reduce wasteful pork barrel spending

Earmarks

federally funded local projects attached to bills passed through Congress. Their intention is that they may help gridlock in Congress and bring more transparency to how public dollars are spent on projects

Seniority

informal congressional norm of choosing the member who has served the longest on a particular committee to be the committee chair.

Speaker of the House

the elected leader of the House of Representatives. No legislative activity can happen without a Speaker