The power of the courts to
declare laws unconstitutional.
Judicial Review
Those who favor a weaker
national government. (And
stronger state governments).
Anti-federalists
A group with a distinct political
interest.
Factions
Power given to the state
governments alone.
e.g. -- the power to issue
licenses, regulate commerce
wholly within the state, etc.
Reserve Powers
Those who favor a stronger
national government.
Federalists
Constitutional authority is
shared by three different
branches of government.
Separation of Powers
A weak constitution that
governed America during the
Revolutionary War.
"league of friendship"
ratified in 1781.
Articles of Confederation
Proposal at the Constitutional
Convention to have equal state
representation
New Jersey Plan
Government authority shared by
national and state government
with the goal of protecting
personal liberty.
Federalism
Compromise between the Virginia Plan
and the New Jersey Plan:
**A popularly elected House of
Representatives based on state
population.
**A state-selected Senate, with two
members for each state.
Great Compromise
A meeting in Philadelphia in
1787 that produced a new
constitution.
Constitutional Convention
Powers shared by the national
and state government.
e.g.-- Collecting taxes, building
roads, having courts, etc.
Concurrent Powers
Powers given to the national
government alone.
e.g.-- the authority to print
money, declare war, make
treaties, etc.
Enumerated, Delegated or
Expressed Powers (formal
powers)
A proposal at the convention
that would create three separate
branches with a legislative
branch with at least one house
of the legislature elected directly
by the people.
The Virginia Plan
Authority shared (and checked)
by three branches of
government.
Checks and Balances
A 1786-1787 rebellion in which
ex-Revolutionary War soldiers
attempted to prevent
foreclosures of farms as a result
of high interest rates and taxes.
Shay’ Rebellion
First 10 amendments to the
Constitution.
Bill of Rights
A law that declares a person,
without a trial, to be guilty.
Bill of Attainder
A law that makes and act
criminal although the act was
legal when it was committed.
Ex Post Facto Law
An order to produce an arrested
person before a judge.
Habeas Corpus
Could not levy taxes or regulate commerce
Sovereignty, independence retained by states
One vote in Congress for each state
Nine of thirteen votes in Congress required for any
measure
Delegates to Congress picked, paid for by state
legislatures
Little money coined by Congress.
Weaknesses of the Articles of
Confederation
Name That
Amendment
All Males (races) can vote
15th
All Women can vote
19
All 18 year olds can vote
26
Prohibits a Poll Tax
24
State can not deny you due
process or equal protection of
the law
14th
Washington DC receive three
electoral votes
23
Procedure enabling voters to
reject a measure passed by
legislature. About 1/2 the states
permit this procedure.
Referendum
The effort to transfer
responsibility for many public
programs and services from the
federal government to the
states.
Devolution
Money from the national
government that states can
spend within broad guidelines
determined by Washington. (a
part of devolution)
Block Grants
Section of the Constitution allowing
Congress to pass all laws "necessary
and proper" to its duties, and which has
permitted Congress to exercise powers
not specifically given to it (enumerated)
by the Constitution.
Elastic Clause or Necessary & Proper
Clause
Doctrine holding that the
national government is supreme
in its sphere, that states are
supreme in theirs, and the two
spheres should be kept separate.
(Layered Cake)
Dual Federalism
Process that permits voters to
put legislative measures directly
on the ballot, by getting enough
signature on a petition.
Initiative
Terms set by the national
government that states must
meet whether or not they accept
federal grants. Most concern
civil rights and environmental
protection.
Mandates
Federal grants for specific
purposes, such as building and
airport. Often require local
matching funds.
Categorical Grants
A citizen's capacity to
understand and influence
political events.
Political Efficacy
First amendment ban on laws
"respecting an establishment of
religion.”
Establishment Clause
First Amendment requirement
that law cannot prevent free
exercise of religion.
Free Exercise Clause
(many things that might be
safely said in peacetime may be
punished in wartime.) For
example, fire in a theater.
Clear-and-Present Danger Test
It involves a state trying to tax the
Bank of the United States. Using the
Elastic clause this case expanded
federal power.
McCulloch V. Maryland
When the Rule of Four asks for a case
from the lower court to be sent up for
review
Writ of Certiorari
Latin for “to stand by things decided”
When the court uphold precedent.
Stare Decisis
A friend of the court brief that interest
group will submit to the court to try to
influence their opinion.
Amicus Curiae
Reviews cases decided against the
United States and determines whether
the government will seek review in the
Supreme Court.
Solicitor General
Court cases that apply Bill of
Rights to states.
Selective Incorporation
The clause in the 14th
amendment that deals with
criminal rights.
Due Process Clause
The clause in the 14th
amendment that deals with civil
rights.
Equal Protection Clause
The Court held that criminal suspects
must be informed of their right to
consult with an attorney and of their
right to remain silent prior to
questioning by police, because of the
due process clause in the 14th
Amendment
Miranda v. Arizona
Supreme Court decided that
reapportionment issues (attempts to
change the way voting districts are
delineated) present questions
appropriate for judicial resolution,
thus enabling federal courts to
intervene in and to decide
reapportionment cases.
Baker v. Carr
Decided that evidence obtained in
violation of the Fourth
Amendment protection against
"unreasonable searches and seizures"
may not be used in criminal prosecutions
in state courts, as well as federal courts
Related to the Due Process clause of the
14th Amendment 1961
Mapp v. Ohio
Supreme Court unanimously ruled
that state courts are required by the
6th and 14th Amendments (both due
process and equal protection) of the
Constitution to provide lawyers in
criminal cases for defendants unable
to afford their own attorneys
Gideon v. Wainwright
Improperly gathered evidence
may not be introduced in a
criminal trial.
Exclusionary Rule
An act that conveys a political
message.
Symbolic Speech
Censorship of a publication.
Prior Restraint
Supreme Court says the First
Amendment applies to states
1925.
Gitlow v. New York
Established Judicial Review.
Marbury v. Madison
A Supreme Court decision
upholding state-enforced racial
segregation 1896.
Plessy v. Ferguson
A Supreme Court decision that
overturned Plessy v. Ferguson.
Brown v. Board of Education of
Topeka, Kansas
Landmark case in which the
Court first found a "right to
privacy" in the Constitution.
Griswold v. Connecticut
A ruling that declared all state
laws prohibiting abortion
unconstitutional 1973.
Roe v. Wade
Designing remedies for
overcoming racism and sexism
by taking race and gender into
account.
Affirmative Action
Main points: employment and public
accommodations
Broad in scope, strong enforcement
mechanisms
Effects: dramatic rise in African
American voting & mood of Congress
shifted to pro-civil rights.
1964 Civil Rights Act
How people think or feel about
particular things.
- Not easy to measure.
Public Opinion
A survey of public opinion.
Poll
Method of selecting from a
population in which each person
has an equal probability of being
selected.
Random Sample
The difference between the
result of random samples taken
at the same time.
Sampling Error
Polls based on interviews
conducted on Election Day with
randomly selected voters.
Exit Polls
the process by which personal
and other background traits
influence one’s views about
politics and government.
Political Socialization
This reflects attitudinal differences
between men and women about the
size of government, gun control,
social programs, and gay rights
Gender Gap
A more or less consistent set of
beliefs about what policies
government ought to pursue.
Political Ideology
Requirement that voters be able
to read; formerly used in the
South to disenfranchise African
Americans.
Literacy Test
Requirement that for an
individual to automatically
qualify to vote, his or her
grandparents had to have voted
(excluded former slaves and
their descendants).
Grandfather Clause
630,000 new voters in two
months
Accounted for almost 40% of
applications in 2001-2002
Scant evidence of impact on
turnout or election outcomes.
Motor Voter Act of 1993
Requires the President to notify
Congress within 48 hours of
committing Troop & Congress
can request the withdrawal after
60 days
War Power Resolution (Act) 1973
WHAT EVASIVE STRATEGIES DID
SOUTHERN STATES USE TO PREVENT
AFRICAN AMERICANS FROM VOTING?
Literacy test
Poll tax
White primaries
Grandfather clauses
Intimidation of African American voters.
They seek to elect candidates to
public office.
Political Parties
When a shift occurs in the
popular coalition supporting one
or both parties.
Critical or Realignment Period
A meeting of party delegates
held every four years.
National Convention
An electoral system in which the
winner is that person who gets
the most votes, even if they do
not receive a majority; used in
almost all American elections.
Plurality System
Voting for candidates of
different parties for various
offices in the same election.
Split Ticket Voting
Voting for candidates who are all
of the same party.
Straight Ticket
An electoral system with two
dominant parties that compete
in national elections.
Two-Party System
A group legally able to solicit
campaign contributions from
individuals within an
organization and, under certain
restrictions, to funnel these to
candidates for office
PAC’s
An election intended to select a
party's candidates for elective
office
Primary Election
A meeting of voters to help
choose a candidate for office.
Caucus
An election used to fill an
elective office.
General Election
A primary election in which
voters must first declare to
which party they belong.
Closed Primary
A primary in which voters can
vote for the candidates of either
the Democratic or the
Republican party
Blanket Primary
Organizations that, under an IRS
code, raise and spend money to
advance political causes.
527’s
The person currently in office
Incumbent
The result of having districts of
very unequal size.
Malapportionment
Drawing a district in some
bizarre or unusual manner in
order to create an electoral
advantage
Gerrymandering
Public money can be used only
for these types of campaign
Presidential
What groups are loyal to the
Democrats?
1. African Americans most loyal
2. Jews slipping somewhat
3. Hispanics somewhat mixed
4. Catholics, southerners,
unionists departing the coalition
lately
Loyal Groups to the Republican
party
1. Party of business and professional
people
2. Very loyal, defecting only in 1964
3. Usually wins vote of poor because of
retired, elderly voters
The government agency charged with
regulating the electronic media
FCC
A principle that formerly obliged
broadcasters to present both sides of
an issue
Fairness Doctrine
An obligation for broadcasters to give
all candidates equal access to the
media
Equal Time Rule
information sent out to the media in
order to observe the reaction of an
audience.
Trail Balloon
How can Congress Check the
President on Foreign Policy
Approve treaties
Approve ambassadors
Declare War
List the Foreign Policy Powers of
the President
Commander in Chief of the
military (commit troops)
Negotiate Treaties
Nominate Ambassadors
How can the President go
around the formal checks when
it comes to foreign policy?
Executive Agreements
An order from the House Rules
Committee that sets a time limit on
debate and forbids a particular bill
from being amended on the floor.
Closed Rule
A rule used by the Senate, providing to
end or limit debate.
Cloture
A joint committee appointed to
resolve differences in House and
Senate versions of the same bill.
Conference Committee
A device by which any member of the
House, after a committee has had a
bill for thirty days, may petition to
have it brought to the floor.
Discharge Petition
An attempt to defeat a bill in the
Senate by talking indefinitely, thus
preventing the Senate from taking
action on the bill.
Filibuster
A vote in which a majority of
Democratic legislators oppose a
majority of Republican legislators.
Party Polarization
Legislation that gives tangible benefits
to constituents in several districts or
states in the hopes of winning their
votes in return
Pork barrel legislation
Permanently established legislative
committees that consider and are
responsible for legislation within a
certain subject area.
Standing Committee
What are some incumbency
advantages?
Media coverage is higher for
incumbents.
Incumbents have greater name
recognition due to franking, travel to
the district, news coverage.
Members secure policies and
programs for voters.
The group that decides what business
comes up for a vote & what the
limitations on debate should be
House Rules Committee
Unrelated amendments added to a
bill.
Rider
The system under which committee
chairs are awarded to members who
have the longest continuous service on
the committee
Seniority
The ability of members of Congress to
mail letters to their constituents free
of charge
Franking Privilege
Structures of authority organized
around expertise and
specialization.
Bureaucracy
A theory that no one interest
group consistently holds political
power.
Pluralist Theory
• An independent expenditure, in elections in
the United States, is a political campaign
communication that expressly advocates the
election or defeat of a clearly identified
candidate that is not made in cooperation,
consultation or concert with or at the request
or suggestion of a candidate, candidate's
authorized ...= 527’s
• Citizens United (court case) opened up that
Corporations can give unlimited amounts of
money to groups.
THE CONSTITUTION
• Designed to protect property rights and
provide control
• British desire to manage F&I war debt leads
America from being allies in 1763 to enemy in
1776
• Articles of Confederation to weak so need
something else (Shay’s proves it)
• The Compromises of 1787 and the Articles
• Federalists vs. Anti-Federalists
• Marbury and Article III
UNIT II- CIVIL RIGHTS AND CIVIL LIBERTIES
• Civil Liberties are derived from the Bill of
Rights and place restrictions on what the
Government can do.
• Civil Rights come from the Civil War
amendments (13, 14 and 15) and provide
protections for citizens.
• Doctrine of Selective Incorporation
• First Amendment (5 parts: RSPAP)
UNIT III – THE BRANCHES
• Congress: Article 1- Section 8
• Congress: Rules and Qualifications
• Committees: Standing (permanent); Joint
(both houses); Conference (bill reconciliation);
Select (temporary)
• Agency oversight and review
• Majority Party; Speaker; Rules committee
• Pork and Log Rolling / Trustee & Delegate
• THE EXECUTIVE BRANCH – ARTICLE II
•
•
•
•
– Requirements
– Powers and limitations
– Treaties vs. Executive Agreements
– OMB
– Agency heads and the power of appointment
– Global leader and coalition builder
Executive Privilege (“Nixon”)
Inherent Powers (“Lincoln”)
Power of the Media (“Bully Pulpit”)
Enemy Combatant (“Bush”)
• THE JUDICIARY: ARTICLE III
– Three tier system
– Supreme Court sets its own docket
– Jurisdiction can be limited by Congress
– Original vs. Appellate Jurisdiction
– Key Terms: Rule of 4; Certiorari; Precedent; Stare
Decisis; Amicus Curie; Solicitor General;
– Majority Opinion ; Concurring Opinion
– Judicial Activism
– Judicial Restraint
• INTEREST GROUPS
– Purpose is to gain access and input
– Lobbyist is a representative hired by an interest
group to push their particular agenda
– 3 Big economic interest groups are trade
associations (ABA); Labor (UAW); Farmers
– Largest today are Gun Lobby (nra) and Abortion
Groups
– Key input is on specialized knowledge and
technical expertise
– Growth of PACs and 527’s have changed political
campaigning forever.
• POLICY (social welfare)
– Public policy requires issue recognition; agenda to
solve; and money
– Great Depression
– Social Security Act is pay as you go (age, disability,
and unemployment insurance)
– Gov’t has now expanded into food providing and
education and E.I.C. to replace welfare
– Medicare & Medicaid
– Means Test / Non Means Test
– Entitlement vs. Discretionary Spending
• Policy (economic)
– Monetary Policy (Federal Reserve Bank) – raising
and lowering the interest rate
– Fiscal Policy – taxing and spending. President
creates the budget (OMB) and congress
appropriates the funding.
• Policy (foreign)
– Washington’s Farewell Address
– Presidential Doctrines (Monroe; Roosevelt;
Truman; Nixon; Carter; Reagan; Bush
– Tariffs (nationalism) vs. Globalization
– Bretton-Woods Agreement (1945)
• IMF; World Bank; Dollar replaces gold
• Internationalism/Multilateralism
• NATO; First Strike Capability; SALT TREATIES
• ANTI-BALLISTIC TREATY
• STAR WARS (Reagan)
• WAR POWERS ACT (“Consequence of Vietnam”)