Chapter 8: Congress
Reapportionment- the process of redistributing the 435 seats of the House of Representatives among the states based on population changes- occurs every 10 years based on the most recent census
Filibuster- a mechanism for delay in the senate which one or more members engage in a continuous speech to prevent the Senate from voting on a bill
Gerrymandering- drawing a congressional district boundaries so as to maximize the political advantage of a party or racial group- often has a bizarre shape
Casework- the assistance members of Congress provide to their constituents- includes answering questions and doing personal favors for those who ask for help
Pork barrel- funding for special projects, buildings, and other public works in the district or state of a member of congress- members support such projects because they provide jobs for the constituents and enhance the members’ reelection chances, rather than because the projects are necessarily wise
Oversight- Congress’ responsibility to make sure the bureaucracy is administering federal programs in accordance with congressional intent
Authorization- budget legislation that provides agencies and departments with the legal authority to operate- may specify funding levels but do not actually provide the funding- funding provided by the appropriations
Appropriations-budget legislation that specifies the amount of authorized funds that will actually be allocated for agencies and departments to spend
Chapter 9: Presidency
Imperial presidency- a term that came into use at the end of the 1960s to describe the growing power of the presidency
Impeachment- the process provided for in the Constitution by which the House of Reps can indict
(impeach) a president for “treason, bribery, or other high crimes and misdemeanors”-if the House votes to lodge formal charges against the president he is impeached- but a president cannot be removed from office unless two-thirds of the Senate finds him guilty of the charges
New Paradigm- the reinterpretation of the president’s constitutional powers by the G. W. Bush administration based on the president’s authority as commander-in-chief- according to this reinterpretation, the president can take any action he deems necessary for national security without any involvement , oversight, or restriction by Congress or the courts
Unitary Executive- a minority interpretation of article II of the constitution made by lawyers in the Bush administration that claims the president has sole power to direct the work of executive branch agencies, without interference from Congress or the federal courts- this interpretations considered at odds with
the conventional understanding of the checks and balances built into tour system if three branches of government
Senatorial courtesy- the custom of giving senators of the president’s party a virtual veto over appointments to jobs, including judicial appointments in their states
Going public- the process in which congress or its members carry an issue debate to the public via the media; e.g. televising floor debates or media appearances by individual members
Executive privilege- the authority of the president to withhold specific types of information from the courts and Congress
Executive orders- rules or regulations issued by the president that have the force of law; issued to implement the constitutional provisions or statutes
War Powers Resolution- a 1973 statute enacted by Congress to limit the president’s ability to commit troops to combat without congressional approval
Signing statements- written comments a president may attach to a law after signing it and sending it to the Federal Registrar for publication- historically they have been used to indicate provisions in a law the president believes the federal courts may find unconstitutional- GW Bush used them frequently to indicate sections of laws he would refuse to implement, then setting up a conflict between the executive and legislative branches
Rally ‘round the flag effect- when the president takes dramatic action involving foreign policy, the president’s standing in the polls increases, usually specifically, as Americans express support for the president as the leader of the nation
Spectacle presidency- term used to describe presidents who are mostly seen by the public as actors in public spectacles, stage-managed photo ops, featuring the president in a dramatically staged event or setting
Personal presidency- a concept proposed by Theodore Lowi that holds that presidents since the 1930s have amassed tremendous personal power directly from the people and, in return, are expected to make sure the people get what they want from government
Head of State vs. Head of Government-
Head of State- the president’s role as a symbolic leader of the nation and representative of all the people
Head of Government- the president’s partisan, policy-making role as head of the executive branch and as head of his party in government, in contrast to his nonpartisan duties as head of state and representative of the country
Veto power- the president’s constitutional authority to refuse to sign a law passed by congress- vetoes may be overridden by a 2/3 vote in each house of Congress
Fireside chats- short radio addresses given by Franklin D Roosevelt to win support for his policies and reassure the public during the Great Depression
Chapter 10: Bureaucracy
Administrative Procedure Act (APA)- legislation passed in 1946 that provides for public participation in the rule-making process- all federal agencies must disclose their rule-making procedures and publish all regulations at least thirty days in advance of their effective date to allow time for public comment
Independent agencies- government bureaus that are not parts of departments- their heads are appointed by and responsible to the president
Policy implementation- the process by which bureaucrats convert laws into rules and activities that have an actual impact on people and things
Regulation- the actions of regulatory agencies in establishing standards or guidelines conferring benefits or imposing restrictions on business conduct
Patronage- a system in which its elected officials appoint their supporters to administrative jobs; used by political machines to maintain themselves in power
Merit system- a system of filling bureaucratic jobs on the basis of competence instead of patronage
Neutral competence- the concept that bureaucrats should make decisions in a politically neutral manner in policymaking and should be chosen only for their expertise, not their political affiliation
Whistleblower- an individual employee who exposes mismanagement and abuse of office by government officials
Hatch Act- a statute enacted in 1939 that limits the political activities of federal employees in partisan campaigns
Sunshine Act- adopted in 1977, this act requires that most government meetings be conducted in public and that notice of such meetings must be posted in advance
Pendleton Act of 1883- this act created the Civil Service Commission, designed to protect civil servants from arbitrary dismissal for political reasons and to staff bureaucracies with people who have proven their competence by taking competitive examinations
Chapter 11: Judiciary
Jurisdiction- the authority of a court to hear and decide cases
Habeas Corpus- latin for “have ye the body”- a writ of habeas corpus is a means for criminal defendants who have exhausted appeals in state courts to appeal to a federal district court
Criminal case- a case in which a government (national or state) prosecutes a person for violating its laws
Civil case- a case in which individuals sue others for denying their rights and causing them harm
Restrained judges- judges who are reluctant to overrule the other branches of government by declaring laws or actions of government officials unconstitutional
Activist judges- judges who are not reluctant to overrule the other branches of government officials unconstitutional
Judicial review- the authority of the courts to declare laws or actions of government officials unconstitutional
Court-packing plan- president Franklin D Roosevelt’s attempt to expand the size of the US supreme court in an effort to obtain a Court more likely to uphold his New Deal legislation
Stare decisis- Latin for “stand behind what has been decided”- the rule that judges should follow precedents established in previous cases by their court or higher courts
Marbury vs. Madison- the 1803 case in which the US Supreme Court enunciated the doctrine of judicial review
McCulloch vs. Maryland- an 1819 US Supreme Court decision that broadly interpreted Congress’s powers under the implied powers cause
Warren Court- the US Supreme Court under Chief Justice Earl Warren- an activist court that expanded the rights of criminal defendants and racial and religious minorities
Burger Court- the US Supreme Court under Chief Justice Warren Burger- though not as activist as the
Warren Court, the Burger Court maintained most of the rights expanded by its predecessor and issued important rulings on abortion and sexual discrimination
Rehnquist Court- the US supreme court under Chief Justice William Rehnquist- a sonservative court, but one that did not overturn most previous rulings
Roberts Court- the current Supreme Court under the leadership of Chief justice John Roberts
Activist Judges- judges who are not reluctant to overrule the other branches of government by declaring laws or actions of government officials unconstitutional
Restrained judges-judges who are reluctant to overrule the other branches of government by declaring laws or actions of government officials unconstitutional
Chapter 12: Civil Liberties
Miranda rights- a means of protecting a criminal suspect’s rights against self-incrimination during police interrogation- before interrogation, suspects must be told that they have a right to remain silent; that anything they say can be used against them; that they have the right to an attorney; and that if they cannot afford an attorney, one will be provided for them
Symbolic speech- the use of symbols, rather than words, to convey ideas- ex. Burning flag to protest government policy
Seditious speech- speech that encourages rebellion against the government
Hate speech- racial, ethnic, sexual, or religious slurs which demean people for characteristics that are innate or beliefs that are deeply held
Freedom of association- guarantees the right of an individual to join with other to speak, assemble, and petition the government for a redress of grievances- this right allows a minority to pursue interests without being prevented from doing so by the majority
Prior restraint- censorship by restraining an action before it has actually occurred- ex. Forbidding publication rather than punishing the publisher after publication has occurred
Free exercise clause- the first amendment clause that guarantees individuals the right to practice their religion without government intervention
Establishment clause- the first amendment clause that prohibits the establishment of a state religion
Libel- printed or broadcast statements that are false and that tarnish someone’s reputation
Exclusionary rule- a rule that prevents evidence obtained in violation of the 4 th amendment from being used in court against the defendant
Right to counsel- the 6 th amendment’s guarantee of the right of a criminal defendant to have an attorney in any felony or misdemeanor case that might result in incarceration- if defendants are indigent, the court must appoint an attorney for them
Ex posto facto law- a statute that makes some behavior illegal that was not illegal when it was done
Exclusionary rule- a rule that prevents evidence obtained in violation of the 4 th amendment from being used in court against the defendant
USA PATRIOT Act- passed shortly after 9/11, this act expands the government’s authority to conduct surveillance in an attempt to prevent future terrorist attacks
Chapter 13: Civil Rights
Civil rights- the principle of equal rights for persons regardless of their race, sex, or ethnic background
Equal protection clause- the 14 th amendment clause that is the Constitution’s primary guarantee that everyone is equal before the law
Dred Scott Case- an 1857 case in which the US Supreme Court held that blacks, whether slave or free, were not citizens and that Congress had no power to restrict slavery in the territories; contributed to the polarization between North and South and ultimately to the Civil War
Jim Crow laws- laws enacted in southern states that segregated schools, public accommodations, and almost all other aspects of life
De jure segregation- segregation imposed by law- outlawed by Brown v Board of Education and subsequent court cases
De facto segregation- segregation that is based on residential patterns and is not imposed by law- because it cannot be eliminated by striking down a law, it is more intractable than de jure segregation
Pregnancy discrimination act- a congressional act from 1978 that forbids firing or demoting employees for becoming pregnant
Equal pay act- a statute enacted by Congress in 1963 that mandates that women and men should receive equal pay for equal work
Comparable worth- the principle that comparable jobs should pay comparable wages
Living wage- a wage that is high enough to allow full-time workers’ to meet the basic cost of living, something the minimum wage does not do
Title IX- equal opportunity in education act that forbids discrimination on the basis of sex in schools and colleges that receive federal aid- the amendment was prompted by discrimination against women by colleges, especially in admissions, sports programs, and financial aid
Civil rights act of 1964- major civil rights legislation that prohibits discrimination on the basis of race, color, religion, or national origin in public accommodation
Civil rights act of 1968- civil rights legislation that prohibits discrimination in the sale or rental of housing on the basis of race, color, religion, or national origin- also prohibits blockbusting, steering, and redlining
Voting rights act of 1965 (VRA)- a law passed by Congress in 1965 that made it illegal to interfere with anyone’s right to vote- the act and its subsequent amendments have been the main vehicles for expanding and protecting minority voting rights
Bilingual education- programs where students whose native language is not English receive instruction in substantive subjects such as math in their native language
Affirmative action- a policy in job hiring or university admissions that gives special consideration to members of historically disadvantaged groups
Chapter 14: Domestic Policy
Fiscal policy- government’s actions to regulate the economy through taxing and spending policies
Monetary policy- actions taken by the Federal Reserve Board to regulate the economy through changes in short-term interest rates and the money supply
Keynesian economics- the argument by John Maynard Keynes that government should stimulate the economy during periods of high unemployment by increasing spending even if it must run deficits to do so
Supply-side economics- the argument that tax revenues will increase if tax rates are reduced, on the assumption that more money will be available for business expansion and modernization- this in turn would stimulate employment and economic growth and result in higher tax revenues
Progressive Tax- a tax structured so that those with higher incomes pay a higher percentage of their income in taxes than do those with lower incomes
Regressive Tax- a tax structured so that those with lower incomes pay a larger percentage of their income in tax that do those with higher incomes
Flat tax- a tax structured so that all income groups pay the same rate
Recession- two or more consecutive three-month quarters of falling production
Depression- a period of prolonged high unemployment
Stagflation- the combination of high inflation and economic stagnation with high unemployment that troubled the US in the 1970s
Means test- an eligibility requirement for poverty programs under which participants must demonstrate that they have low income and few assets
Medicare- a public health insurance program that pays many medical expenses of the elderly and the disabled- funded through social security taxes, general revenues, and premiums paid by recipients
Medicaid- a federal-state medical assistance program for the poor
Farm subsidies- government payments to farmers for withholding land from production or to guarantee set prices for certain crops
Grants-in-aid- federal money provided to state and, occasionally, local governments for community development and to establish programs to help people such as the aged poor or the unemployed- began during the New Deal
Earned income tax credit (EITC)- a negative income tax- on filing income tax reports, persons with low incomes receive a payment from the government or a credit toward their taxes owed
Chapter 15: Foreign Policy
Isolationism- a policy of noninvolvement with other nations outside the Americas- generally followed by the US during the 19 th and early 20 th centuries
Monroe Doctrine- a doctrine articulated by President James Monroe in 1823 that warned European powers not already involved in Latin America to stay out of that region
Containment- a policy formulated by the Truman administration to limit the spread of communism by meeting any action taken by the Soviet Union with a countermove- led US decision makers to see most conflicts in terms of US-Soviet rivalry
Domino theory- the idea that if one country fell under communist rule, its neighbors would also fall to communism- contributed to the US decision to intervene in Vietnam
Détente- a policy designed to deescalate Cold War rhetoric and promote the notion that relations with the Soviet Union could be conducted in ways other than confrontation- developed by President Richard
M. Nixon and Secretary of State Henry Kissinger
Preemption- military strength of “striking first”- endorsed by the Bush national security team after the
Sept 11, 2001 attacks
Asymmetrical warfare- conflict between combatants of very unequal military strength
North Atlantic Treaty Organization (NATO)- a mutual defense pact established by the US, Canada, and their western European allies in 1949 to protect against Soviet aggression in Europe- later expanded to include other European nations
Free trade- a policy of minimum intervention by government in trade relations
Protectionism- government intervention to protect domestic producers from foreign competition- can take the form of tariffs, quotas on imports, or a ban on certain imports altogether
World Trade Organization (WTO)- founded in 1995 to remove barriers to free trade and to mediate trade disputes between member countries- WTO policies are set primarily by consensus of its member countries, represented by their trade ministers- its general council, to which all members belong, is empowered to resolve trade disputes
National Security Agency (NSA)- the US government’s largest intelligence service, which uses electronic surveillance to obtain the communications of possible adversaries
Vietnam syndrome- an attitude of uncertainty about US foreign policy goals and our ability to achieve them by military means- engendered among the public and officials as a result of the US failure in
Vietnam
“Congress: The Electoral Connection” by David Mayhew
Members of Congress are “single-minded seekers of reelection” because all of their actions are influenced by their motivation to maintain office. His reasons for emphasizing the reelection goal as the primary explanation of a members’ behavior are:
1.
Fits political reality
2.
Puts pressure on men rather than political parties or pressure groups
3.
Politics best studied as a struggle among men to gain and maintain power and the consequences of that struggle
4.
The reelection quest establishes an accountability relationship with an electorate, and any serious thinking about democratic theory gas to give a central place to the question of accountability
“Behind the Noisy Clashes, 2 Chambers that Don’t Understand Each Other” by Carl Hulse
No matter the party, the senators and representatives are who seem least to understand each other.
Senators feel maligned and misunderstood by House members who do not grasp the complexities of the upper chamber. On the other side, representatives complain that they are tired of trying to fit the
House to the Senate.
The House leadership uses a rules committee to limit debate while the Senate routinely engages in interminable debates without limits.
“The Power to Persuade” by Richard Neustadt
The essence of a president’s persuasive task is to convince such men that what the white house wants of them is what they ought to do for their sake and on their authority.
Persuasive power amounts to more than charm or reasoned argument. Status and authority inherent in his office reinforce his logic and his charm.
The power to persuade is the power to bargain. Status and authority yield bargaining advantages. With lots of vantage points, despite the president’s advantage, desired outcomes are not guaranteed.
Persuasion becomes give and take.
He is mainly trying to persuade Congress, but also the public. He also tries to persuade allied governments and executive administrations.
He is trying to persuade Congress to obtain congressional action on his terms or even to halt the action that he opposes.
“The Case Against Strict Constructionism: What Am I? A Potted Plant?” by Richard Posner
Strict constructionism- legal formalism
Reasons for difficulty in strict interpretation of the constitution-
1.
In deciding how broadly the right shall be interpreted, the court must consider the implications of its interpretation for the public good
2.
When making decisions, they have to be aware of future implications of their interpretation of a particular part of the Constitution
Even being a strict constructionist is a form of interpretation because the Constitution never says whether it is supposed to be read narrowly or broadly. That decision is based upon a matter of political theory.
Activist court-
“History of Merit Selection”
Missouri was the first state to adopt the merit selection plan for choosing judges.
Judges nominated by judicial nominating commission as a list of three. The governor then nominates who he wants as the judges of all the different courts.
St. Louis County, Clay and Platte Counties, and Kansas City all use the Missouri Non-Partisan Court Plan.
The rest vote judges in partisan elections.
Mapp vs. Ohio
Landmark case in criminal procedure, in which the US Supreme Court decided that evidence obtained in violation of the 4 th Amendment, which protects against unreasonable search and seizure, may not be used in criminal prosecutions in state and federal courts.
Griswold vs. Connecticut
Case in which the Supreme Court ruled that the Constitution protected a right to privacy. Involved a
Connecticut law that prohibited the use of contraceptives. Supreme Court invalidated this law on the grounds that it violate the right to “marital privacy”.
Bill of Rights never explicitly mentions privacy. However, used the 9 th Amendment and the due process clause in the 14 th Amendment to justify it.
Missouri ex rel. Gaines v Canada
Gaines tried to attend the University of Missouri law school, but wasn’t accepted.
Decision- States that provide schools to white people must provide in-state education to black students as well. States can satisfy this requirement by allowing blacks and whites to attend the same school or creating a second school. By not providing education, Missouri was violating his 14 th Amendment right.
This decision paved the way for the separate but equal to get struck down in Plessy v. Ferguson.
Chief Justice Hughes wrote the opinion
Brown v. Board of Education I &II
Warren wrote the opinion.
Uses the 14 th Amendment to prove that separate but equal is not constitutional.
Ordered schools to desegregate with all deliberate speed
1Says it’s unconstitutional
2Must desegregate
“The Supreme Court: Affirmative Action; Justices Back Affirmative Action by 5 to 4, but Wider Vote
Bans a Racial Point System” by Linda Greenhouse
Powell’s controlling opinion on the Bakke Case was that there was a “compelling state interest” in racial diversity.
Affirmative action was validated for the law school at the University of Michigan. However, for the undergraduate program, affirmative action was invalidated because of the school’s use of a point system based in part on race.
The university had to persuade the court that racial diversity was a compelling interest that was appropriately served by the challenged programs.
The real debate came down to whether either program was narrowly tailored enough.
O’Connor says that in her opinion affirmative action should no longer be necessary 25 years from now.
“The Letter from Birmingham Jail” by Martin Luther King, Jr.
King is advocating non-violence, saying that the only way for change is by fighting in the courts, not on the street.
Moral responsibility to disobey unjust laws. However, ones that are just must be followed.
Four basic steps of any non-violent campaign:
1.
Collection of the facts to determine whether injustices are alive
2.
Negotiation
3.
Self-purification
4.
Direct action
They were going to take direct action in Birmingham at Easter, the biggest shopping season other than
Christmas, in order to put pressure on the public. However, in order to not cloud the issues, decided to postpone it until after the election, and then again until the day after the runoff election.
“A just law is a man made code that squares with the moral law or the law of God. An unjust law is a code that is out of harmony with the moral law.”
“Any law that uplifts human personality is just. Any law that degrades human personality is unjust.”
“One who breaks an unjust law must do so openly, lovingly, and with a willingness to accept the penalty.”
Civil Rights Act of 1964
Outlawed discrimination in hotels, motels, restaurants, theaters, and all other public accommodations engaged in interstate commerce. Exempted private clubs without defining the term private.
Deals with discrimination of race, color, religion, or national origin.
The rights of these people described cannot be withheld. Nor can they be threatened to be withheld through intimidation or coercion.
“Clean Air” by Barbara Sinclair
In 1970, the process was ideal of how legislation is supposed to work. In 1990, took much longer and did not work out the same way.
Most comprehensive air pollution control bill in U.S. history.
Showdown in the Show Me State
Conceal and carry means the ability for citizens to carry around concealed weapons.
Different propositions came about trying to legalize the conceal and carry issue in MO. Eventually a proposition was passed.
The issue of trying to allow concealed weapons on college campuses tried to pass, but only made it through the House, not the Senate.
BONUS
Republicans on Obama’s cabinet:
Ray LaHood- transportation
Members of Obama’s Cabinet:
Agriculture- Tom Vilsack
Commerce- Gary Locke
Defense- Robert Gates
Education- Arne Duncan
Energy- Steven Chu
Health and Human Services-Kathleen Sebelius
Homeland Security-Janet Napolitano
Housing and Urban Development- Shaun Donovan
Interior- Ken Salazar
Justice- Eric Holder
Labor- Hilda Solis
State- Hillary Clinton
Transportation- Ray LaHood
Treasury- Timothy Geithner
Member of the Supreme Court:
John G. Roberts, Jr.
John Paul Stevens
Antonin Scalia
Anthony M. Kennedy
Clarence Thomas
Ruth Bader Ginsburg
Stephen G. Breyer
Samuel A. Alito, Jr.
Sonia Sotomayor
Short Subject Documentary Oscar Winner- Smile Pinki