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John Locke
natural rights
Montesquieu
Separation of Power
Examples of Separation of Powers
Congress declares war and makes laws, Pres is commander in chief and enforces laws
Wall of Separation (who and what)
Thomas Jefferson, Separation of Church and State
Impeachment means
Bringing charges against official
Who confirms Supreme Court Justice
Senate
What percentage needed to confirm justice?
51%
Supreme Court on Ruling on Amendments
Cannot rule on amendment
Federalism
Separation of power between states and federal government
10th amendment
powers not given to national gov are reserved for states
Elastic Clause
Federal gov makes laws that are necessary and proper (loose interpretation)
Cooperative Federalism
States and Fed share power (law enforcement)
Devolution
Giving power back to states
Categorical grants
Project, based on application
Formula grants
Money distributed on a formula (medicaid)
Block Grants
States decide how to spend
Primary responsibility of constitution
protect private property
Example of a mandate
Americans with disabilities act
Who decides voting requirements for eligible voters
States
Commerce Clause
Federal Government regulates commerce (increase power of fed gov)
Pluralism
Belief that Interest groups can influence public policy through organizations
Elitism
Belief that Wealthy control government
Hyperpluralism
Belief that too many interest groups exist and are bad for the country, cause gridlock
Federalists vs Anti-Federalist debate
Debate over whether to pass constitution, size and scope of government
Federalist #10
Persuade NY to ratify Constitution
2 states that divide electoral votes
Maine and Nebraska
Plurality Election
Candidate wins election without a majority
Divided Government
Congress and President controlled by different parties
Linkage institution
Connect public to political process, ex Interest groups and political parties
Socialization
How individuals learn about politics
Most common source of political socialization
family
Ticket splitting
Person votes for both democrats and republicans on their ballot
Most common form of political participation
voting
Political Efficacy
Belief that my vote matters
Horse-race journalism
Media focuses on poles, not issues
Iron Triangle
Congress, interest groups, bureaucracy and their interactions
Franking Privilege
Can send things in the mail to their constituents free of charge
PORK-BARRELL
Allocating funds to constituents
Who appropriates money
Congress
What has to happen to override a veto
2/3 votes in both chambers
Congressional Oversight
Congress reviews agency, department, or office
Where are committees more significant
House (more members can do more work)
Standing committees
permanent- ex foreign relations and agriculture
Conference Committees
settle differences between Senate and House versions of bills
Rules committee
Only in house, determines rules for bills
Closed Rule
Set time limits, no amendments to bills (House rules committee)
Subcommittees
Research specific issue, committee within a committee
Ways and Means
House, deals with money related stuff, members cannot be on another committee
Who impeaches officials
House of Reps
Who creates revenue bills
House of Reps
Who determines house districts
State legislatures
Henry Clay
Influential speaker of house, influenced power of speaker
Who approves presidential appointments
Senate
Who approves treaty
Senate
"The jury" of an impeachment trial (decides whether to remove them from office)
Senate
Cloture motion
only way to stop a filibuster
Who has more say over formation of bills, Senate or House
Senate
Delegate voting approach
official votes according to how most people in their district view an issue
Trustee voting approach
Officials vote based on their own judgement
22nd Amendment
Limits president to 2 terms (2 terms, 22nd)
Pocket Veto
President does nothing to a bill for 10 days, eventually is automatically vetoed
Famous Executive Orders examples
Internment during WWII, Emancipation Proclamation, Truman desegregating military during Korean War
How can Congress influence executive orders
Funding
Delegates are more ____ than population
ideological
Line-tem veto
vetoing specific parts of bill, president cannot do this
Chief of Staff
Basically President's secretary, right-hand person, does not require confirmation so can be fired at any time
Attorney General
Leader of Justice Department
Inherent Powers
Presidential powers not specifically states by Constitution (inferred), ex acquiring territory
Where has Presidential powers increased?
Foreign affairs, government services, economic and domestic issues
"Bully Pulpit"
President using media to influence legislation
Why are justices appointed for life?
Independent of political pressure, can make unpopular decisions
Minimum number of justices who must agree to hear case
4
Most common source of cases to Supreme Court
Appellate courts
District Courts
Deal with most federal cases (most end in a plea bargain)
Appellate Court
Reviews decisions of district courts
Amicus Curiae
Friend of court, people/interest groups write letters saying how this court impacts them
Original intent
how would framers of Constitution view this
Incorporation Doctrine aka selective incorporation
Bill of Rights are applied to state government (Mapp vs Ohio)
State Decisis
Court makes decisions based on precedent
Writs of Certiorari
Supreme Court orders case from lower court to be reviewed
Judicial Restraint
Supreme court should rely on precedent
Judicial Activism
Supreme Court can correct injustices (Brown vs Board of Education)
When can free speech be limited?
If it poses clear and present danger (Schenk vs Ohio)
Marbury v Madison (1803)
Established Judicial Review
McCulloch v Madison (1819)
States cannot tax federal government agency (reinforces elastic clause and increases authority of federal gov)
Plessy v Ferguson (1896)
Separate but Equal doctrine
Miranda v Arizona
Warren Court, Suspects must have Constitutional Rights read to them
5th Amendment
Right to remain silent during police interrogations
Brown v Board of Education
Warren Court, Desegregated schools
Mapp v Ohio
Warren Court, Exclusionary rule, illegally obtained evidence cannot be used in court (Warren Court), selective incorporation
Gideon v. Wainwright
Warren Court, Defendant must be provided a lawyer free of charge if they cannot afford one
Major Warren Court Cases
Brown v Board of education, Mapp v Ohio, Gideon v Wainwright, Miranda v Arizona, Griswold v Connecticut
Time period of Warren Court
1953-1969
Griswold v Connecticut (1965)
Overturned prohibition of contraceptives (right to privacy)
Roe v Wade (1973)
NOT WARREN COURT, abortion legalized, right to privacy
US v Nixon (1974)
Executive privilege is not absolute
Baker vs Carr (1962)
One person, one vote, addresses gerrymandering, state legislature districts have to be as close to equal as possible
Gitlow v New York (1925)
Begins selective incorporation
NYT vs Sullivan (1964)
Public officials must prove malice if trying to win a lawsuit for defamation
Largest portion of uncontrollable spending
Entitlements (Social Security)