National Government Midterm Prep.

Politics

The process of making binding decisions about who gets what or whose values everyone is going to live by.

Government

The institution that has the authority to make binding decisions for all of society.

Sovereignty

The legitimate authority in a government to wield coercive power to authoritatively allocate values

Autocracy

A form of government in which the power to make authoritative decisions and allocate resources is vested in one person.

Oligarchy

A form of government in which the power to make authoritative decisions and allocate resources is vested in a small group of people.

Democracy

Form of government where all citizens have the opportunity to participate in the process making authoritative decisions and allocating resources.

Popular Sovereignty

The idea that the highest political authority in a democracy is the will of the people.

Majority Rule

The principle under which government follows the course of action preferred by most people

Absolute Majority

fifty percent plus one of all members or all eligible voters

Simple Majority

fifty percent plus one of those participating or of those who vote

Plurality

The largest percentage of a vote, when no one has a majority

Equality under the law

the idea that the law is supposed to be applied impartially, without regard for the identity or status of the individual involved

Economic Equality

the idea that each individual should receive the same amount of material goods, regardless of his or her contribution to society

Social Equality

the idea that people should be free of class or social barriers and discrimination

Direct Democracy

A form of democracy in which ordinary citizens, rather than representatives, collectively make government decisions

Initiative

An election in which a state legislature refers a proposed law to the voters for their approval

Referendum

an election in which voters in a state can vote for or against a measure proposed by the state legislature

Representative Democracy

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.

Liberal Democracy

A representative democracy, such as the United Kingdom/ United States, that has a particular concern for individual liberty.

The rule of law and constitution constrain elected representatives from abusing power to take away rights.

Ideology

A consistent set of beliefs by groups/individuals about appropriate role of government in society

Partisanship

a psychological attachment to a political party

Pluralistic

a term used to describe a society in which power is widely distributed among diverse groups and interests

Elitist

a society in which organized, influential minority interests dominate the political process

Like the top ten percent

Normative

theories or statements that seek to prescribe how things should be valued, what should be, what is good or just, and what is better or worse

empirical

Questions and debates that can be answered by careful observations. This is the foundation of science and the scientific method.

Constitution

A document establishing the structure, functions, and limitations of a government.

Declaration of Independence

Written by Thomas Jefferson, it lays out the foundation of American constitutional theory.

Articles of Confederation

1st Constitution of the U.S. 1781-1788 (weaknesses-no executive, no judicial, no power to tax, no power to regulate trade)

Federalists

The group of people who supported the adaption of the Constitution and favored a stronger national government

Anti-Federalists

Opponents of the American Constitution at the time when the states were contemplating ratification of the constituition.

Shay's Rebellion (1786)

An armed revolt by farmer in western Massachusetts who were resisting state efforts to seize their property for failure to pay taxes and debts.

The Virginia Plan

The first proposal put forward at the Constitutional convention, included a bicameral legislature, both elected by proportional representation, and a national executive and judiciary.

Bicameral

A legislature consisting of two parts, or houses

New Jersey Plan (1787)

A proposal presented at the Constitutional convention that called for a Unicameral legislature with equal representation for each state.

Connecticut Compromise (Great Compromise)

A proposal at the Constitutional Convention that called for a two-house legislature with a House of Representatives apportioned on the basis of population and a Senate representing each state on an equal basis.

Federalist Papers

A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail.

Faction

a small, organized, dissenting group within a larger one, especially in politics.

Madisonian Dilemma

The problem of limiting self-interested individuals who administer stronger governmental powers from using those powers to destroy the freedoms that government is supposed to protect.

(How much control/power is too much)

Republican Form of Government

System of government in which power is held by the voters and is exercised by elected representatives responsible for promoting the common welfare.

constituency

The group of people served by an elected official or branch of government

Federalism

A political system in which regional governments share power with a central or national government, but each level of government has legal powers that are independent of the other.

Mixed Government

the idea that government should represent both property and the number of people

First Amendment

Protects freedom of religion, speech, press, assembly, and petition

Second Amendment

Right to bear arms

Third Amendment

The government may not house soldiers in private homes without consent of the owner

Fourth Amendment

Protects against unreasonable search and seizure

Fifth Amendment

Protects against self-incrimination and double jeopardy.

Sixth Amendment

Right to a speedy and public trial (Fair Trail)

Seventh Amendment

Right to a trial by jury in civil cases

Eighth Amendment

No cruel and unusual punishment

Ninth Amendment

states that people's rights are not limited to just those listed in the Constitution. Clarifies rights not mentioned like voting, privacy, or body rights.

Tenth Amendment

Amendment stating that the powers not delegated to the federal gov. are reserved to the states

Fourteenth Amendment

made "all persons born or naturalized in the United States" citizens of the country

3 Main Provisions of the 14th Amendment

- Privileges and immunities Clause

- Due process Clause

- Equal protection Clause

Civil Liberties

the freedoms and protections against arbitrary governmental actions given to the people in a democratic society

Prevents the government from denying individuals rights.

Enumerated Powers

Powers given to the national government alone

implied powers

powers that congress has that are not stated explicitly in the constitution but are suggested in the "Necessary and proper" Clause

inherent powers (Prerogative Powers)

Powers that are not listed or implied by the Constitution but that rather have been claimed as essential to the functioning of government or a particular office.

Example: George Bush authorizing NASA to engage in electronic eavesdropping on American citizens without warrant for national security.

Executive Privilege

The power to keep executive communications confidential, especially if they relate to national security.

This is to ensure separation of powers

Judicial Review

The power to review decisions of the lower courts and to determine the constitutionality of the laws and actions of public officials

Elastic Clause

Gives congress the ability to make laws that are needed in order to carry out the enumerated powers.

This idea is also referred to as the Implied Powers

McCulloch v. Maryland

Supreme Court ruling (1819)

Involving a dispute over whether the central government had the power to create a national bank.

Concurrent Power

The powers listed in the constitution as belonging to both the national and state government.

"Full faith and credit"

The provision in the Constitution that requires states to honor the civil obligations

Ex. Wills, Birth Certificates, and other public documents

Interstate Rendition

the obligation of states to return people accused of a crime to the state from which they fled

Enabling Act

A resolution passed by congress authorizing residents of a territory to draft a state constitution as part of the process of adding new states to the union.

"Supreme law of the land"

The U.S. Constitution's description of its own authority, meaning that all laws made by governments within the United States must be in compliance with the Constitution.

Dual Federalism (Layer Cake)

The idea that federal and state governments are sovereign, with separate and distinct

Power is divided among clear and defined terms

Nullification

the act of declaring a national law null and void within a state's borders

Cooperative Federalism

Federal and state governments work together to solve problems

grants-in-aid

a form of national subsidy to the states designed to help them pay for policies and programs that are the responsibility of states rather than the national government

general revenue sharing

Federal grant that returns money to state and local governments with no requirements as to how it is spent. 1

Categorical Grants

A federal grant that provides funds for general policy area but offers state and local governments discretion in designing the specific programs.

Block Grants

a grant from a central government that a local authority can allocate to a wide range of services.

New Federalism

A movement to take power away from the federal government and return it to the states

Devolution

The return of policy power and responsibility to the states from the national government.

unfunded mandates

Federal mandates for which the federal government does not pay any associated costs.

Ad Hoc Federalism

The process of adopting a state- or nation-centered view of federalism on the basis of political convenience.

Preemption

Congress expressly giving national laws precedence over state and local laws.

Civil Liberties

Freedoms and protection against arbitrary governmental actions given to the people in a democratic society.

Barron v. Baltimore

The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities.

Incorporation Doctrine

the idea that specific protections provided in the US Bill of Rights are binding to the states through the "Due Process" clause of the 14th Amendment.

District of Columbia v. Heller

2008 Court held that the Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that firearm for traditionally lawful purposes, such as self- defense within the home.

McDonald v. Chicago

2010 Supreme Court ruling that the 2nd amendment right of an individual to "keep and bear arms" applies to the states as well as the federal government

Establishment Clause

A clause in the First Amendment, States government cannot establish a religion.

Free Exercise Clause

A clause in the First Amendment, guarantees individuals the right to freely practice religion or not practice religion at all.

Everson v. Board of Education

(1947) The Court upheld a New Jersey policy of refunding parents of Catholic school students for the costs of busing their children to school

Absolute Approach

The view of the 1st amendment that states that the founders wanted it to be interpreted literally so that congress should make "no laws" about the expression of views.

Preferred Freedom Doctrine

The idea that the rights provide in the 1st amendment are fundamental and as such the courts have a greater obligation to protect those rights than others.

Schenck v. United States

1919 Supreme court Case, involving limits on free speech. Established the "clear and present danger" principle.

Bad Tendency Rule

An approach to determining whether an action should be protected under the First Amendment that considers whether the action would have a tendency to produce a negative consequence.

Texas v. Johnson

A 1989 case Supreme Court

struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Brandenburg v. Ohio (1969)

upheld a KKK member right to controversial speech, which supported lawbreaking in the abstract, b/c it contained no incitement to commit an "imminent or specific" crime, establishing the imminent lawless action test.

imminent lawless action test

Decided in Brandenburg v. Ohio, speech is protected if it contains no incitement to commit an "imminent or specific" crime.

This test replaced the old "clear and present danger' test and protects a broader range of speech.

Slander

To make false and damaging statements about (someone).

Libel

A written defamation of a person's character, reputation, business, or property rights. Heavily present in print or media.

Right to Privacy

an individual's right to be free of government interference without due cause or due process

Griswold v. Connecticut (1965)

Ruled that a Connecticut law criminalizing the use of contraceptives violated the right to marital privacy.

Established an important precedent for Roe v. Wade.

"Zone of Privacy"

First, Third, Fourth, Fifth, ninth amendment creates policies that the government has no right to invade

Roe v. Wade

(1973) legalized abortion on the basis of a woman's right to privacy