Key Concepts in American Politics and Government
Study Notes on American Politics
Chapter 1: Understanding American Politics
American Political Values:
Liberty: The state of being free within society from oppressive restrictions imposed by authority.
Democracy: A system of government where the citizens exercise power directly or elect representatives.
Equality: The notion that all individuals should be treated equally and have equal access to opportunities.
Aristocracy: A form of government in which power is held by the nobility.
Checks and Balances:
A principle of government where different branches have powers that check and balance each other to prevent one branch from becoming too powerful.
Collective Action Problems: Refers to situations where individuals would benefit from cooperating but fail to do so due to conflicting interests.
Conservative: A political ideology favoring tradition and maintaining established practices.
Critical Consumer of Politics and News: An individual who analyzes and critiques the information presented to them, as opposed to accepting it at face value.
Culture Wars: Political conflicts that arise from differing values and beliefs, often in social issues such as abortion and LGBTQ+ rights.
Democracy:
Direct Democracy: A form where citizens directly vote on laws and policies.
Indirect Democracy: Citizens elect representatives to make decisions on their behalf.
Economic Individualism: The belief that individuals should have the freedom to manage their own economic affairs with minimal government interference.
Factions: Groups with distinct political interests that can lead to conflict within a democracy.
Free Market: An economic system based on supply and demand with little to no government intervention.
Free Rider Problem: A situation where individuals benefit from resources or services without paying for them, leading to under-provision of those goods.
Government:
Definition: An institution through which a society makes and enforces its public policies.
Types: Includes democracy, monarchy, oligarchy, etc.
Functions: Establish justice, ensure domestic tranquility, provide for the common defense, promote general welfare, secure blessings of liberty.
Ideology: A set of beliefs about political values and the role of government.
Libertarians: Individuals advocating for minimal government intervention in both personal and economic matters.
Monarchy: A government with a hereditary ruler.
Norms: Accepted standards of behavior within a community that shape political actions.
Politics: The process by which groups make collective decisions.
Polity: A politically organized society.
Public Goods: Goods that are non-excludable and non-rivalrous; their provision does not diminish availability for others.
Redistributive Tax Policies: Tax policies designed to redistribute wealth from the rich to the poor.
Republic: A government where representatives are elected to create laws.
Separation of Powers: A doctrine of constitutional law that separates the legislative, executive, and judicial powers of government.
Texas Creed: The set of beliefs held by many Texans, including individualism, constitutionalism, and a limited government.
Tragedy of the Commons: A situation in which individual users acting independently according to their own self-interest behave contrary to the common good by depleting or spoiling shared resources.
Chapter 2: The Constitution and the Founding
Articles of Confederation: The first constitution of the United States, which established a weak federal government.
Bicameralism: A legislature divided into two houses, typically a lower house and an upper house.
Bill of Rights: The first ten amendments to the Constitution that guarantee personal liberties.
Common Sense/Thomas Paine: A pamphlet written by Thomas Paine that argued for American independence from Britain.
Constitution: The supreme law of the land, establishing the framework for the government.
Various Aspects: Includes the preamble, articles, and amendments outlining the powers and duties of government.
Constitutional Amendments and Process: Procedures for making alterations to the Constitution, requiring a two-thirds majority in Congress and ratification by three-fourths of the states.
Constitutional Convention: A meeting held in 1787 to create a new constitution for the United States.
Declaration of Independence: The document declaring the colonies' independence from British rule, affirming natural rights.
Elastic Clause: Gives Congress the power to pass all laws necessary and proper for carrying out the enumerated list of powers.
Electoral College: A group of representatives from each state who formally elect the President and Vice President.
Enumerated Powers: Powers specifically granted to Congress by the Constitution.
Federalism: A system of government in which power is divided between a central authority and constituent political units (states).
Federalist 10: An essay by James Madison arguing that a large republic would be a guard against factions.
Federalist Papers: A series of essays arguing for the ratification of the Constitution.
Federalists and Anti-Federalists: Those in favor of the Constitution (Federalists) and those opposed to it (Anti-Federalists) and their debates about the size and scope of government.
Formal and Informal Constitution: Refers to both the written Constitution and the unrecorded customs, practices, and precedents that influence governance.
Full Faith and Credit Clause: Requires states to recognize the public acts, records, and judicial proceedings of every other state.
Great Compromise/Connecticut Compromise: Agreement during the Constitutional Convention that created a bicameral legislature.
Impeachment: The process by which a legislative body levels charges against a government official.
Implied Powers: Powers inferred from the Constitution that allow the federal government to operate effectively.
Judicial Review: The power of courts to assess whether a law is in compliance with the Constitution.
Legislative vs Executive Power: The distinction between the powers held by the legislative branch (making laws) and the executive branch (enforcing laws).
Limited Government: A principle of governance that prohibits government from infringing on natural rights.
Major Ideas Debated Over Constitution: Key discussions during the founding related to the scope of federal vs. state power, individual liberties, and representation.
Majority vs. Minority Rights: The balance and conflict between the rights of the majority and those of minority groups.
Marbury v Madison: A key Supreme Court case establishing the principle of judicial review.
National Supremacy Clause (Supremacy Clause): Establishes that federal law supersedes state law when there is a conflict.
Natural Rights: Fundamental rights that all humans are inherently entitled to, such as life, liberty, and the pursuit of happiness.
Necessary and Proper Clause: Authorizes Congress to make all laws necessary to carry out its constitutional powers.
New Jersey Plan: A proposal for the structure of the U.S. government that called for a unicameral legislature.
Parliamentary System: A system of government in which the executive derives its democratic legitimacy from the legislature.
Pluralism: A model of democracy that acknowledges a diversity of groups and opinions within society.
Popular Sovereignty: The principle that the authority of a state and its government are created and sustained by the consent of its people.
Power of the Purse: The ability of Congress to control government spending.
Proprietary Colony: A type of colony owned by individuals or groups given land by the British crown.
Ratification of Constitution: The formal approval of the Constitution by the states.
Republican Democracy: A representative form of government where the people elect representatives to make decisions.
Republicanism: An ideology that emphasizes the role of citizens in electing representatives to govern on their behalf.
Reserved Powers: Powers not delegated to the federal government are reserved for the states.
Second Treatise on Government (John Locke): A work by John Locke that argues for natural rights and government by consent.
Shays Rebellion: An armed uprising in 1786 by farmers in Western Massachusetts protesting economic injustices.
Social Contract: The theory that individuals consent to form societies and governments.
Theocracy: A system of government in which priests rule in the name of God or a deity.
Three-Fifths Compromise: Agreement that counted three-fifths of a state's slave population for representation and taxation purposes.
Virginia Plan: Proposal for a bicameral legislature based on population.
Chapter 3: Federalism
10th Amendment:
Reserves powers not delegated to the federal government to the states or the people.
14th Amendment: Guarantees equal protection under the law and prohibits discrimination.
Block Grants: Funding from the federal government to states without specific requirements on how to spend it.
Categorical Grants: Funds provided to states for a specific purpose with detailed instructions.
Coercive Federalism: A form of federalism where the national government pressures states to implement national policies through regulations and mandates.
Commerce Clause: Grants Congress the power to regulate commerce with foreign nations and among the states.
Competitive Federalism: A system where states compete for residents and businesses by offering lower taxes and services.
Concurrent Power: Powers shared by both the federal and state governments.
Confederal Government: A union of sovereign states, with a weak central authority.
Cons About Federalism:
Challenges in coordination among different levels of government, potential for inequality, and complexity.
Cooperative Federalism: A system where federal, state, and local governments work together to solve problems.
Denied Powers: Specific powers that are prohibited to the federal government, states, or both.
Dred Scott v. Sandford: A landmark decision that ruled that African Americans could not be American citizens.
Dual Federalism: A system where federal and state governments operate independently in their own spheres of authority.
Evolution of Federalism: The changing nature and function of federalism over time, adapting to social and economic changes.
Ex Post Facto Law: A law that retroactively changes the legal consequences of actions that were committed before the enactment of the law.
Exclusive Power: Powers held solely by the federal government.
Federal Preemption: The invalidation of a state law that conflicts with federal law.
Federalism:
Fiscal Federalism: Refers to the financial relations between units of government in a federal government system.
Formula Grant: Grants distributed based on a set formula rather than being awarded competitively.
Full Faith and Credit Clause: Mandates that states respect the public acts and judicial decisions of other states.
Good Things About Federalism: It encourages policy experimentation, accommodates diverse interests, and facilitates government accountability.
Intergovernmental Organizations: Organizations created by agreements between governments; often manage common interests.
Marshall Court: The Supreme Court during the early 1800s known for asserting the power of federal government.
McCulloch v. Maryland: A Supreme Court case establishing the principles of implied powers and national supremacy.
New Federalism: A political philosophy that seeks to shift power back to the states.
Nullification: The theory that states have the right to invalidate any federal law they deem unconstitutional.
Picket Fence Federalism: A model of federalism where all levels of government respond to specific policy areas.
Police Power: The capacity of the states to regulate behavior and enforce order within their territory.
Powers Given to Different Levels of Government: Distinctions established by the Constitution regarding what federal and state governments can do.
Privileges and Immunities Clause: Prevents states from discriminating against citizens of other states.
Remedial Legislation: Laws enacted to correct past injustices or problems.
Revenue Sharing: The distribution of a portion of federal tax revenues to state and local governments.
Sovereign Power: The ultimate authority in a territory.
Spillover Effects: Economic or social effects that transcend political borders.
State’s Rights and State Power: The rights and powers held by individual states as opposed to the federal government.
Unfunded Mandates: Regulations or policy requirements that do not provide federal funds to cover costs.
Unitary Government: A centralized government in which all powers belong to a single, central agency.
Chapter 10: Congress
Basic Duties of Congress:
Making laws, overseeing the executive branch, and representing constituents.
Bicameralism: The division of Congress into two houses: the House of Representatives and the Senate.
Casework: Assistance provided by members of Congress to their constituents in dealing with government agencies.
Caucus and Conference: A group of members of Congress who meet to pursue common legislative objectives.
Censure: A formal statement of disapproval of a member's actions.
Cloture: A procedure used to end a filibuster in the Senate, requiring a supermajority vote.
Committee Chairs: Members of Congress selected to lead committees and direct their work.
Committee on Rules (Rules Committee): A powerful House committee that determines the rules for debate and amendments on bills.
Committee System: The organization of Congress into specialized groups to manage specific policy areas.
Committee Types:
Conference Committees: Temporary committees formed to reconcile differences in House and Senate versions of a bill.
Joint Committees: Includes members from both houses to discuss issues.
Constituents: Residents of a congressional district.
Continuing Resolutions: Measures that allow agencies to continue functioning at the previous year's funding levels when a budget is not passed.
Cracking: The practice of dispersing a voting bloc among several districts to dilute their influence.
Delegate: A representative who votes according to the preferences of their constituents.
Democratic Caucus: A meeting of the Democratic members of Congress where they discuss strategy and policy.
Descriptive Representation: The idea that elected representatives should represent not only the interests but also the demographic characteristics of their constituents.
Discharge Petition: A petition that allows members of Congress to force a bill out of committee and onto the floor for debate.
Earmarks: Provisions in legislation that direct funds to specific projects or programs.
Electoral Connection: The relationship between members of Congress and their electoral constituencies which influences their behavior.
Filibuster: A tactic used in the Senate to delay or obstruct legislation by prolonging debate.
Formal Powers of Congress: Powers specifically granted to Congress by the Constitution, such as the power to tax and declare war.
Franking Privilege: The right of members of Congress to send mail free of charge for official business.
Gerrymandering: The manipulation of electoral district boundaries to favor a particular political party.
Gridlock: A situation where there is difficulty passing laws due to conflicting interests in Congress.
Hold: A procedural practice in the Senate where a senator can prevent legislation from being brought to a vote.
House of Representatives: The lower house of Congress, composed of representatives directly elected by the people.
How a Bill Becomes a Law:
The process involves introduction, committee review, debate, and approval by both the House and Senate before being sent to the President.
Impeachment Power: The authority of Congress to formally charge a high-ranking government official with misconduct.
Incumbency Advantage: The benefits that current officeholders receive when seeking re-election.
Incumbent: A current officeholder running for reelection.
Joint Committees: Committees that include members from both houses of Congress to address issues.
Legislative Oversight: The review and monitoring of government agencies and programs by Congress.
Log Rolling: A practice in Congress where members support each other’s bills to secure passage.
Majority Leader: The head of the majority party in each house of Congress who schedules legislation and manages floor activity.
Majority Whip: An official in the majority party responsible for persuading members to vote along party lines.
Markup: The process by which committee members debate, amend, and rewrite proposed legislation.
Minority Leader: The head of the minority party in each house of Congress.
Minority Whip: Assists the minority leader in managing party strategy and communication.
Minority-Majority Districts: Legislative districts drawn to ensure that a majority of the voters are from the political minority.
Omnibus Legislation: Comprehensive bills combining several different measures into one; often packaged to pass as a unit.
Open Rule, Restricted Rule, Closed Rule: Types of rules governing debate and amendments for bills in the House.
Packing: The practice of concentrating voters from a particular group into one district to maximize their electoral influence.
Party Unity: The extent to which members of a political party stick together in their voting patterns.
Party Vote: When a majority of one party votes against a majority of another party.
Permanent Campaign: The continuous effort by politicians to stay engaged with constituents and election activity.
Pocket Veto: The President’s ability to indirectly veto a bill by not signing it within ten days while Congress is adjourned.
Politico: A member of Congress who acts as both a delegate and a trustee depending on the situation.
Pork Barrel Projects: Government projects funded to benefit a specific district or constituency.
President Pro Tempore: The senior member of the Senate who presides over the chamber in the absence of the Vice President.
Presidential Coattails: When a popular candidate at the top of the ticket helps to attract votes for other candidates of the same party.
Presidential Systems: Governments in which the head of state is also the head of government, separate from the legislative branch.
Ranking Member: The highest-ranking member of the minority party on a committee.
Reapportionment: The process of redrawing congressional districts based on population changes.
Redistricting & Apportionment: The process of redrawing boundaries of electoral districts and allocating representation accordingly.
Republican Conference: A meeting of Republican members in Congress to discuss issues and strategies.
Roll Call Vote: A voting process where each member's vote is recorded.
Safe District: A congressional district that consistently produces a majority for one political party.
Select Committees: Committees established for a specific purpose, often temporary.
Senate: The upper house that provides equal representation for each state, regardless of population.
Seniority: A system where the longest-serving members of a legislative body are given preference.
Seniority System: The practice in Congress where members with longer service have more influence and authority.
Signing Statements: Written comments issued by the President when signing a bill into law, often expressing concerns or interpretations.
State of the Union: An annual address delivered by the President to Congress, outlining the current state of affairs and legislative agenda.
Statutory Authority: The power of a government entity to make laws or regulations as provided by statute.
Take Care Clause: A constitutional mandate requiring the President to ensure that laws are faithfully executed.
Treaty: A formal agreement between countries that requires Senate approval.
Two Presidencies Thesis: The idea that the President operates differently in foreign and domestic affairs, with more power in foreign policy.
Unilateral Action: Actions taken by the President without the approval of Congress.
Unitary Executive: The theory that the President possesses the power to control the entire executive branch.
Vesting Clause: The clause in the Constitution that grants the executive power to the President.
Veto: The power of the President to reject legislation passed by Congress.
Vice Presidents: The second-highest executive officer, who also presides over the Senate.
War Powers Resolution: A federal law intended to check the President’s power to commit the United States to an armed conflict without the consent of Congress.
White House Office (WHO): The staff directly assisting the President in the operation of the executive branch.
Chapter 12: The Bureaucracy
General Attitudes Towards Bureaucracy: Often viewed negatively as slow or inefficient; however, it plays a crucial role in governance.
Budget Maximizers: Bureaucrats who aim to maximize their agency's budget, often leading to inefficiency.
Bureaucracy: A system of government in which state officials make important decisions, rather than elected representatives.
Bureaucrat: An official in a government department who works within the bureaucracy.
Bureaucratic Drift: The tendency of bureaucratic agencies to develop their own agendas and stray from the original intent of legislation.
Central Clearance: A mechanism to ensure that all proposed budgets or regulations comply with the administration's agenda.
Civil Servants: Individuals employed in the public sector for government jobs.
Federal Civil Service: The set of regulations governing the recruitment and management of federal employees.
Fire Alarm Oversight: A system of oversight that relies on citizens and interest groups to alert Congress to problems.
Garfield Assassination: The assassination of President James Garfield by a disgruntled office seeker, leading to calls for civil service reform.
Hatch Act: A U.S. law restricting political activities of civil servants to ensure non-partisan governance.
Impact of Laws Like the Pure Food and Drug Act: These laws set regulations for consumer protection, leading to greater accountability in the bureaucracy.
Job of the Bureaucracy: To implement governmental policy as determined by elected officials.
Merit System: A system of employment where individuals are hired and promoted based on qualifications and performance rather than political connections.
Notice and Comment Procedure: The process by which federal agencies gather public input before finalizing new regulations.
Office of Management and Budget (OMB): Office that assists the President in preparing the federal budget and overseeing its execution.
Organization of Bureaucracy: The hierarchical structure of government agencies, including departments, corporations, and independent agencies.
Oversight: The scrutinizing of bureaucratic agencies to ensure accountability and compliance with laws.
Patronage/Spoils System: A practice where political leaders grant government jobs to their supporters as a reward.
Pendleton Act: A law that established the principle of merit-based hiring for federal employees in the United States.
Police Patrol Oversight: An approach to oversight where Congress actively monitors agencies to ensure compliance.
Political Appointees: Individuals appointed to government positions based on loyalty rather than merit or qualification.
Power the Branches Have to Control Bureaucracy: Mechanisms by which Congress can oversee and influence agencies, such as budgetary power and appointments.
Power of Bureaucracy Over Implementing Policy: The bureaucratic discretion in how laws are executed can shape policy outcomes significantly.
Principal-Agent Game: Refers to the relationship where one party (the agent) acts on behalf of another (the principal), often resulting in issues of trust and monitoring.
Privatization: The process of transferring ownership of a business or public service from the government to private individuals or organizations.
Problems of Control: Challenges in ensuring that bureaucrats implement the policies as intended by lawmakers.
Regulation: Rules or principles designed to control or govern conduct, often applied within bureaucratic decision-making.
Red Tape: Excessive bureaucracy or adherence to rules resulting in inefficiencies.
Role of Civil Service in Government: Provides stability and continuity in government functions, regardless of the political administration.
Rule Making: The process by which bureaucratic agencies create regulations.
Standard Operating Procedure: Established procedures in bureaucracies to ensure consistency and efficiency in operations.
State Capacity: The ability of a state to effectively implement policies and provide services.
Street Level Bureaucrat: Public service workers who interact directly with citizens and implement public policies.
What Do Bureaucrats Do? Implements government programs, enforces laws, and administers public services.
Whistle Blowing: Reporting illegal or unethical conduct within an organization, often putting the whistleblower at risk.
Chapter 13: The Courts
Basic Facts About the Supreme Court: The highest court in the United States, having the power of judicial review.
Amicus Curiae: A legal term for someone who is not a party to a case but offers information or expertise that is relevant to the case.
Appellate Court (U.S. Court of Appeals and State Level): Courts that hear appeals from lower courts.
Appellate Jurisdiction: The authority of a court to review decisions made by lower courts.
Cert Pool: A system where Justices share the responsibility of reviewing cases that seek certiorari.
Checks and Balances on Judicial Power: Mechanisms that allow each branch of government to limit the powers of the others.
Civil vs. Criminal Case:
Civil Case: Involves disputes between individuals or organizations, typically involving compensation.
Criminal Case: Involves prosecution by the state or government for violating laws.
Class Action Suit: A lawsuit where a group of people with similar claims litigates together.
Common Law: A body of unwritten laws based on legal precedents established by the courts.
Constitutional Courts: Courts established by the Constitution or by Congress to interpret and apply federal laws.
Constitutional Interpretation: The process of determining the meaning and implications of the Constitution’s provisions.
Court System: Refers to the hierarchical structure of courts in the U.S., including district courts, courts of appeal, and the Supreme Court.
Defendant: An individual accused in a court of law.
Different Court Levels in Our Country (District, Court of Appeals, Supreme Court): Various tiers of the judiciary with different responsibilities and jurisdictions.
District Courts: The trial courts that handle federal cases; each state has at least one.
Dual System: The arrangement where both federal and state systems exist to administer justice.
In Forma Pauperis: A legal term allowing a person to proceed without the costs associated with a court case due to lack of funds.
Judicial Activism: A judicial philosophy advocating for judges to interpret the Constitution and laws more broadly, often leaning toward progressive results.
Judicial Restraint: A philosophy where judges limit their own power, avoiding overturning laws unless clearly unconstitutional.
Judicial Review: The authority of the courts to determine the constitutionality of laws and executive actions.
Judiciary Act of 1789: Legislation that established the federal judiciary system and the Supreme Court.
Jurisdiction: The authority of a court to hear and decide a case.
Living Constitution: The theory that the Constitution is a dynamic document that should be interpreted in light of contemporary society.
Marbury v. Madison: The Supreme Court case that established the principle of judicial review.
Marshall Court: The period in U.S. Supreme Court history during Chief Justice John Marshall's tenure, noted for establishing the power of the court.
Mootness: The doctrine that courts will not hear cases that are no longer relevant or where the issue has resolved itself.
Opinions of the Court: Written explanations of the court's decision; types include majority opinions, dissenting opinions, and concurring opinions.
Oral Arguments: The verbal presentation of a case before the Supreme Court where attorneys argue their positions.
Original Intention: The perspective that judicial review should be based on the intentions of the framers of the Constitution.
Original Jurisdiction: The authority of a court to hear a case for the first time, as opposed to appellate jurisdiction.
Per Curiam Opinion: An unsigned opinion issued by the court as a whole.
Plaintiff: The person who brings a case against another in a court of law.
Plea Bargaining: A negotiation in criminal cases where a defendant agrees to plead guilty in exchange for a lesser charge.
Plurality Opinion: An opinion that receives the most votes from the justices but does not attain a majority.
Power of the Supreme Court: The ability to interpret laws and the Constitution and to ensure that they align with legal principles.
Precedents: Prior court decisions that set a standard for how similar cases should be decided in the future.
Procedural Doctrine: The rules governing how courts process cases, affecting both the rights of defendants and plaintiffs.
Role of Other Branches of Government with Judiciary: The interplay between the legislative, executive, and judicial branches, including checks on each other's powers.
Rule of Four: The Supreme Court practice where at least four justices must agree to grant certiorari for a case to be heard.
Senatorial Courtesy: The tradition that senators will not confirm appointments by the President if the appointee is opposed by the senior senator from that state.
Shadow Docket: The use of emergency orders by the Supreme Court without oral argument or full briefing.
Solicitor General: The lawyer who represents the U.S. before the Supreme Court.
Standing: The legal right to initiate a lawsuit, requiring injury or stake in the outcome.
Stare Decisis: The doctrine of adhering to precedent in legal decisions.
Statutory Construction: The process by which courts interpret and apply legislation.
Statutory Interpretation: The method of interpreting the literal meaning or intent of legislative acts.
Strict Construction: A judicial philosophy that interprets the Constitution narrowly, limiting the role of judicial review.
Supreme Court Basic Things About How They Organize Themselves: Overview of how justices are selected, their roles, and the organizational structure of the court.
Trial Court: The court where cases are tried initially, and juries are used to hear evidence.
Writ of Certiorari: A petition for the Supreme Court to review a lower court's decision.