AP Government General: Key Terms Government: The institutions and processes through which policies are made for a society. Politics: The process by which we select our governmental leaders and what policies these leaders pursue. Also: The process by which we elect leaders to represent us in the “how.” Political participation: All the activities used by citizens to influence the selection of political leaders or the policies they pursue; examples include voting, protest and civil disobedience. Linkage institutions: The political channels through which people’s concerns become political issues on the policy agenda; examples include elections, political parties, interest groups, and the media. Democracy: A system of selecting policymakers and of organizing government so that policy represents and responds to the publics preferences. Link to: republic; oligarchy. Majority rule: A fundamental principal of traditional democratic theory. In a democracy, choosing among alternatives require that the majority’s desire be respected. Link to: minority rights. Minority rights: A principal of traditional democratic theory that guarantees rights to those who do not belong to majorities but allows for their participation and protection. Link to: majority rule. Pluralist theory: A theory of government and politics emphasizing that politics is mainly a competition among groups, each one pressing for its own preferred policies. Elite and class theory: A theory of government and politics contending that societies are divided along class lines and that the upper-class elite will rule; or perhaps should rule. Link to: oligarchy. Hyperpluralism: A cynical theory of government and politics contending that groups are so strong that government is weakened; pluralism gone bad. Link to: policy gridlock. Policy gridlock: A condition that occurs when no coalition is strong enough to form a majority and establish policy. The result is that nothing may get done. Link to: hyperpluralism. Individualism: The belief that individuals should be left on their own by the government; a prominent belief in American political thought. Link to: conservative. Divided Government: When one political party controls one branch of government and the other political party has control over the other branch of government. Policymaking Institutions: Congress, Presidency, Bureaucracy, and Judiciary General: Potential Key Legislation Unit 1: Foreign, Economic, and Domestic Policy Clean Air Act: 1970’s Clean Water Act: 1980’s Consumer Product Safety Act: 1970’s-Creates Consumer Product Safety Commission Interstate Commerce Act: 1880’s-Creates Interstate Commerce Commission Welfare Reform Act (Personal Responsibility and Work Opportunity Act): 1990’s-AFDC to TANF National Security Act: 1940’s-National Security Council SALT I and SALT II: 1970’s and 1990’s-Limiting Nuclear Weapons Social Security Act: 1930’s-Establishes Social Security Nuclear Test Ban Treaty: 1960’s-Eliminates Nuclear Testing in Atmosphere, Outer Space, and Water Social Security Act Amendments: 1960’s-Medicaid and Medicare National Labor Relations Act (Wagner Act): 1930’s-Pro-Union Legislation Taft-Hartley Act: 1940’s-Legislation that limited union power/abilities Federal Agricultural Improvement and Reform Act (FAIR): 1990’s-Limiting Agricultural Price Supports No Child Left Behind (NCLB): 2000’s-Reauthorization of Federal Education Funding; Changes in Accountability Standards North American Free Trade Agreement (NAFTA): 1990’s-U.S./Canada/Mexico Trade Block Agreement Unit 2: Public Opinion, Political Socialization, and Political Participation Motor-Voter Act: 1990’s-More Accessible Voter Registration (Driver’s License Office/Mail) Unit 3: Elections, Parties, Candidates, and Campaigns Federal Election Campaign Act: 1970’s-Control of Raising and Spending of Funds Bipartisan Campaign Reform Act (McCain-Feingold): 2000’s-Changing Spending and Fundraising Limits Unit 4: Interest Groups and Media Communications Decency Act: 1990’s-Criminalizes Spreading “Indecent” Materials on the Internet Unit 6: Civil Liberties and Civil Rights Civil Rights Act of 1964: 1960’s-Forbids Discrimination on Race, Color, Religion, Origin, and Sex by Individuals Civil Rights Act of 1968: 1960’s-No Discrimination in Housing Voting Rights Act of 1965: 1960’s-No Restriction on Voting; Federal Government as Watchdog Americans with Disabilities Act: 1990’s: No Discrimination in Employment, Public Service, Transportation, or Telecommunications Equal Pay Act: 1960’s-Equal Pay for Equal Work (Comparable Worth) Title IX (Higher Education Act): 1970’s-No Discrimination in Education On Basis of Gender Espionage and Sedition Acts: 1910’s-Restatement of Political Speech Limits Patriot Act: 2000’s-Change to Homeland Security and Constitutional Rights and Privacy Unit 8: The Presidency Gulf of Tonkin Resolution: 1960’s-LBJ “Unlimited War” Power War Powers Act: 1970’s-Limitation of President’s “War” Powers Unit 9: Bureaucracy Pendleton Act: 1880’s-Moving From Spoils System/Patronage to Meritocracy Hatch Act: 1930’s-Limiting Political Activity of Government Employees and Government Contractors Civil Service Reform Act: 1970’s-Streamlining the Federal Bureaucracy Sunshine Act (Freedom of Information Act): 1970’s-Requiring Open Session of Government Meetings Unit 1 Key Terms Policy agenda: The issues that attract the serious attention of public officials and other people actually involved in politics at any given time. Link to: gatekeeper role of media; electronic throne. Policymaking institutions: The branches of government charged with taking action on political issues; Examples include Congress, the Presidency, the Courts, and the Bureaucracy. Policymaking system: The process by which policy comes into being and evolves over time. People’s interest and concerns create political issues for government policymakers. These issues shape policy, which in turn impacts people, generating more interests, problems and concerns. Economic policy: This constitutes the decisions makes regarding fiscal policy (taxing and Spending) and monetary policy (the control of the money supply). Fiscal Policy: This process consists mainly of the budget process and decisions made in regards to taxing and spending. Link to: Budget; Deficit; Debt; Surplus. Budget: This process defines the spending authority of the US Government for the fiscal year (October 1-September 30). Link to: Fiscal Policy. Mandatory Spending: The areas of the federal budget that must be enacted each year by law and are no dependent on annual review by the appropriations committees of Congress. Mandatory programs include such programs as Social Security, Medicare, and Medicaid. Link to: Entitlements; Discretionary Spending. Discretionary Spending: The area of the budget that Congress can change year to year through various appropriations spending. Link to: Mandatory Spending; Entitlements. Demand Side Economics: The process by which the government chooses to emphasize “demand” by increasing spending and/or tax cuts for consumers to have more money. Supply Side Economics: The process by which the government chooses to emphasize “supply” by tax cuts for business. Link to: Reaganomics; supply-side economics. Monetary Policy: The government’s control of money supply. A tool of economic management by which the amount of money in circulation can be manipulated. Inflation: A general increase in the average level of prices in goods and services. Deflation: A decrease in wages faster than the decreased level of prices in goods and services. Link to: recession; depression. GDP/GNP: Gross Domestic Product and Gross National Product act as indicators for the health of the United States economy as equivalent to the goods and services produced within the borders. Consumer Price Index: “CPI” is a measure of the average change in prices over time in a fixed “market basket” of good and services purchased by the consumer. Link to: inflation; deflation. The “Fed”/Federal Reserve Board: The Federal Reserve System and its governing body (the board of governors) have the ability to control money supply by raising and lowering the rates required of banks to borrow money and to keep money on reserve. This impacts the interest rates charged by banks in loaning money. Environmentalism: This is a policy instituted by the government in the 1960’s. The focus was on protection from harmful air, water, and ground pollutants. Link to: Clean Air Act; Clean Water Act; Earth Day; Environmental Protection Agency (EPA). Kyoto Protocol: This was a 1990’s agreement concerning carbon emissions and issues with greenhouse gases. The conference accepted proposals to adopt technological and energy-efficient measures. There have been problems with the enforcement of these standards. The U.S. still continues to resist signing the agreement that they helped shape. Superfund: The Superfund law was created by the federal government in the 1980’s to protect people, families, communities and others from heavily contaminated toxic waste sites that have been abandoned. Superfund provides broad federal authority to clean up releases or threatened releases of hazardous substances that may endanger public health or the environment. Conservationism: The focus early on in environmental protection by the government through its commitment to land conservation. Link to: Endangered Species Act; National Park Service; U.S. Forest Service. Consumer: The government is heavily involved in working to protect the best interests of the citizen who uses the products and services of the business world. Link to: Consumer Product Safety Commission (CPSC). Business: The government is heavily involved in the world of those who produce Products and services for citizen consumption. This is done through legislations, tax incentives and abatements, loans, and institutional services. Link to: Tax Incentives/Abatements; Loans. Incentives/Abatements: Tax incentives are tax breaks offered by various government levels through tax credits for capital investment and tax deductions for capital depreciation. Tax abatements are often used by local governments as a way of lessening property tax burdens to encourage businesses to move/stay in an area. Loans: The government will often guarantee loan assistance to help businesses out to prevent financial trouble/bankruptcy and the impact it would have on the overall economy. Regulation/Deregulation: The government is in constant balance between what is the proper amount of legislative restriction on businesses. Link to: conservatives; liberals. Labor: The government has taken an active role in the 20th century to aid labor through legislation such as minimum wage laws, maximum work hours, unemployment benefits, working conditions, hiring practices, etc. Link to: National Labor Relations Act (Wagner Act); Taft-Hartley Act; National Labor Relations Board; Occupational Safety and Health Administration (OSHA). Agriculture: The government endorses a number of farm programs to stabilize farmers’ incomes. This usually entails emergency assistance and price supports/subsidies. Link to: price supports. Price supports: The government keeps the prices of farm products at a certain level to offset the market’s fluxuations. The government has phased out a number of these programs beginning in the 1990’s. Link to: Federal Agricultural Improvement and Reform Act (FAIR). Trade: The government has to balance the needs of business, labor, and the consumer with ideas such as import and export tariffs. Link to: Federal Trade Commission (FTC); North American Free Trade Agreement (NAFTA); Central American Free Trade Agreement (CAFTA). Social Welfare Policy: The government’s policy to assist for personal security and needs of its citizenry. Poverty: As defined by the government, poverty is a set valuation that determines what government assistance a person/family is eligible for. Head Start: Government program that provides preschool education for poor children in order to give them a better chance to succeed when they begin school. Earned Income Tax Credit (EITC): The United States Federal Earned Income Tax Credit (EITC) is a refundable tax credit that goes to families who fall below a certain level of income and have children. In-Kind Benefits: Government benefits that are cash equivalents such as food stamps or rent vouchers. This form of benefit ensures that the recipient will use the benefit for its intended purpose. Entitlements: This represents any number of individual benefit programs that require the government (by law) to provide a designate benefit to any person who meets the legally defined criteria for eligibility. Link to: Social Insurance; Public Assistance. Social Insurance: Social welfare programs that are based on the “insurance” concept. Individuals pay into the program in order to be eligible to receive funds from it. Link to: Social Security; Medicare; Unemployment Insurance. Public Assistance: Social welfare programs that are funded through general tax revenues and available only to people who demonstrate their financial neediness. Only these people in poverty are eligible as determined by the means test. Link to: Temporary Assistance for Needy Families (TANF), Food Stamps, Government Housing/Housing Vouchers, Medicaid, Supplemental Security Income (SSI), Women, Infants, and Children (WIC). Education: The federal government uses public schools to create an equality of opportunity or the idea that all individuals should be given an equal chance to succeed on their own. Link to: No Child Left Behind; Head Start. Foreign Policy: The primary goal of United States foreign policy is the preservation of the American state. Thus, the focus is on national security. Link to: Isolation (Monroe Doctrine, Roosevelt Corollary); Intervention (Truman Doctrine, Marshall Plan); Containment (Korea and Vietnam); Cold War (Bay of Pigs, U2, Cuban Missile Crisis); Détente (Nixon-China, Strategic Arms Limitation Treat [SALT I/II]); Evil Empire (Berlin Wall, USSR Collapse); New World Order (Bosnia, Somalia); War on Terrorism (Axis of Evil). Foreign Policymaking Machinery: The organizations involved in making political decisions in dealing with issues of national security. Link to: Intelligence; Military; Diplomacy; Trade/Economics. Intelligence: This community gathers information of what is going on in the world. The government uses organizations like the Central Intelligence Agency (CIA), the National Security Agency (NSA), and the military intelligence agencies to achieve its goal. Link to: National Security Council. Military: The Department of Defense is responsible for the protection of our country’s interest through the use of military force. The president consults the Secretary of Defense and the Joint Chiefs of Staff to shape military strategy and evaluates the military’s personnel and weapons needs. Link to: NATO. Diplomacy: The Department of State conducts diplomatic relations with most of the foreign countries of the world through its embassies and ambassadors. Link to: UN. Trade/Economics: The Agriculture, Commerce, Labor, and Treasury department play an Ever increasing role in foreign affairs in trade and financial issues between the United States and other countries. Link to: International Monetary Fund (IMF); World Bank; World Trade Organization (WTO); North Atlantic Free Trade Agreement (NAFTA); Central American Free Trade Agreement (CAFTA); G8. National Security Council (NSC): The president’s key policymaking group that assists in making national security decisions. Members include: the President. the Vice President, the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, and the National Security Advisor. The Chairman of the Joint Chiefs of Staff is the military advisor to the Council and the Director of National Intelligence is the intelligence advisor. North Atlantic Treaty Organization (NATO): This represents one of the country’s most important military alliances. It was created in response to the threat of Soviet invasion of Europe. NATO includes most of Europe, Canada, and the United States. United Nations (UN): This organization was established after World War II for global peace and prosperity. The Security Council (the US, Britain, France, Soviet Union, and China as permanent members) is the key instrument of multi-lateral policymaking. International Monetary Fund (IMF): This organization (started after WWII) makes short-term loans so that countries experiencing temporary problems will not collapse economically or resort to ruinous practices, such as high tariffs. World Bank: This organization (started after WWII) makes long-term loans to poorer countries for capital investment projects, such as the construction of dams, highways, power plants, and factories to promote economic growth. World Trade Organization (WTO): This organization was created in the 1990’s as the institution through which most nations negotiate general rules of trade. G8: The Group of Eight (G8) is an international forum for the governments of Canada, France, Germany, Italy, Japan, Russia, the United Kingdom and the United States. Together, these countries represent about 65% of the world economy and the majority of global military power (7 of the top 8 positions for military expenditure and almost all of the world's active nuclear weapons.) Each year, they meet in a forum for discussion. Often, other “key” countries are included in the discussion. Military Power: This is representative of what the US military has been trained for or called upon for military action through unlimited nuclear warfare, limited nuclear warfare, unlimited conventional warfare, limited conventional warfare, counterinsurgency, and police-type action. Collective Security: The theory that a nation’s security is increased by the increased security of all nations. Department of Homeland Security: The newly-formed department that attempts to coordinate the security of domestic interests. Military-Industrial Complex: The three components of military establishment, the industries that manufacture weapons, and the member s of Congress from states and districts that depend heavily on the arms industry. Each mutually benefit from a high level of defense spending. Global Economic Goals: The US hopes to sustain an open system of trade that will promote prosperity at home, maintain access to energy and other resources that are vital to the functioning of the economy, and keep the widening gap between the rich and poor countries from destabilizing the world’s economy. Free Trade: The view that the long-term economic interests of all countries are Advanced when tariffs and other trade barriers are kept to a minimum. Protectionism: The view that the immediate interests of domestic producers should have a higher priority than free trade between nations. Foreign Aid: Government-provided development assistance to poorer countries. Unit 2 Key Terms Public Opinion: Opinions held by ordinary citizens that they express openly. Public Opinion Poll: Device for measuring public opinion. Sample: The group of individuals who are interviewed for estimations of The entire population. Link to: Random Sample; Population. Population: The people whose opinions are being estimated in the public opinion poll. Link to: Sampling Error. Sampling Error: A measure of accuracy of the public opinion poll. Political Socialization: Key agents involved in a person’s acquiring their identity: family, school, peers, community, church, media, institutions, etc. Ideology: Consistent pattern of beliefs and thoughts on political issues that stems from a set of beliefs. Link to: Conservative; Liberal; Libertarian; Populist. Demographics: A specific, identifying characteristic of a person including religion, age, sex, socio-economic status (education and income), race, region, etc. Partisanship: The personal sense of loyalty that an individual may feel toward a particular party. Link to: Party Identification. Party Identification: A citizen’s self-proclaimed preference for one party or the other. Link to: dealignment. Legitimacy: A characterization of elections by political scientists meaning that they are almost universally accepted as a fair and free method of selecting political leaders. When legitimacy is high, as in the United States, even the losers accept the results peacefully. Suffrage: The legal right to vote, extended to African Americans by the Fifteenth Amendment, to women by the Nineteenth Amendment, and to people over the age of 18 by the Twenty-sixth Amendment. Political efficacy: The belief that one’s political participation really matters; that one’s vote can actually make a difference. Since the 1960s, it has been dropping – especially among 18-25 year olds. Civic duty: The belief that in order to support democratic government, a citizen should always vote. Apathy: A sense of “not-caring” about voting. Alienation: A feeling of disinterest in the political process. Voter registration: A system adopted by the states that requires voters to register well in advance of Election Day. A few states permit Election Day registration…but NOT Ohio! Motor Voter Act: Passed in 1993, this Act went into effect for the 1996 election. It requires states to permit people to register to vote at the same time they apply for their driver’s license. Mandate: The idea that the winning candidate has a mandate from the people to carry out his or her platforms and politics. Politicians like the theory better than political scientists do. Policy voting: Electoral choices that are made on the basis of the voter’s policy preferences and on the basis of where the candidates stand on policy issues. Link to: dealignment; ticket splitting. Prospective voting: A theory of voting in which voters choose the candidate whose Policy promises most closely match their own preferences. Retrospective voting: A theory of voting in which voters essentially ask this simple question: “What have you done for me lately?” Link to: policy voting; pork barrel projects; incumbency. Social(political) Movements: Sustained efforts for social/political change by groups of people. This is typically used when conventional means don’t work. Recall election: The power of the people at the state or local level to “recall” an elected official, or remove them from office and force a follow up election. The idea is as old as the Constitution itself, but the power of recall only started showing up in the states at the beginning of the twentieth century as part of the Progressive effort to “take back the country.” Link to: Gray Davis 2003 and “Ahrnold” in California Gubernatorial, as well as Lebanon City Council: Mary Ann Cole/John McComb. Unit 3 Key Terms Party Competition: The battle of the parties for control of public offices. Ups and downs of the two major parties are one of the most important elements in American politics. Political party: A group of people trying to gain control of the country’s governing apparatus (at the local or national level) by winning elections. Link to: two-party system; multiparty system. Ticket-splitting: Voting with one party for one office and with another party for other offices. It has become the norm in American voting behavior. Link to: dealignment; straight-ticket voting. Party machines: A type of political party organization that relies heavily on material inducements, such as patronage, to win votes and to govern. Patronage: One of the key inducements used by party machines. A patronage job, promotion, or contract is one that is given for political reasons rather than for merit or competence alone. Primary election: A run-off election between the contenders within the parties. For example, in the spring of the year of the general election, the Democrats and Republicans will need to hold a primary in order to narrow the field to their top candidate. General election: The election held in the fall that is considered the “election”. This is the election in which voters choose the person who will fulfill the responsibility of the office that is being contested. Closed primaries: Elections to select party nominees in which only people who have registered in advance with the party can vote for that party’s candidates, thus encouraging greater party loyalty. Open primaries: Elections to select party nominees in which voters can decide on election day whether they want to participate in the Democratic or Republican contests. Blanket primaries: Elections to select party nominees in which voters are presented with a list of candidates form all the parties. Voters can then select some Democrats and some Republicans if they like. National convention: The meeting of party delegates every four years to choose a presidential ticket and write the party’s platform. National committee: One of the institutions that keeps the party operating between conventions. The national committee is composed of representatives from the states and territories. National chairperson: The national chairperson is responsible for the day-to-day activities of the party and is usually nominated by the presidential nominee. Coalition: A group of individuals with a common interest upon which every political party depends. Party neutrality: A term used to describe the fact that many Americans are indifferent toward to two major political parties. Gender gap: The margin of difference between the percentage of men voting for a candidate compared to the women voting for that candidate. Historically, women vote at a greater percentage for Democratic candidates. Republican coalition: Typical voters include men, white Protestants, white-collar executives, rural areas, and higher incomes. Democratic coalition: Typical voters include African-Americans, Jews, women, labor unions, urban areas, and lower incomes. Party eras: Historical periods in which a majority of voters cling to the party in power, which tends to win a majority of the elections. Examples include 1st Era (1780’s-1820’s); 2nd Era (1820’s-1850’s); 3rd Era (1860’s-1890’s); 4th Era (1890’s-1930’s); 5th Era (1930’s-?_ Electoral College: Electors are chosen in the general election for the presidency. It is a “winnertake-all” where each state’s winners gets all the electors (except for Maine/Nebraksa). Total electoral numbers equal a state’s number of representatives and senators. These electors are allowed to cast their vote for whomever they choose when they meet in their respective state capital in December. Yet, it has become a “rubber stamp” as electors almost always vote according to their state’s popular vote totals. The winner of the presidency must garner 270 of 538 electoral votes. Critical election: An electoral “earthquake” where new issues emerge, new coalitions replace old ones, and the majority party is often displaced by the minority party. Critical election periods are sometimes marked by a national crisis and may require more than one election to bring about a new party era. Link to: Realignment. New Deal Coalition: A coalition forged by the Democrats, who dominated American politics from the 1930’s to the 1960’s. Its basic elements were the urban working class, ethnic groups, Catholics and Jews, the poor, Southerners, African Americans, and intellectuals. Party dealignment: The gradual disengagement of people and politicians from strict party identification. In the past 30 years, more Americans are calling themselves “independents,” and splitting their ballots up between parties. Link to: ticketsplitting. Single-member district: The form of representation in which only the candidate who gets the most votes in a district wins. Proportional representation: The form of representation in which seats in the legislature are allocated proportionally according to each party’s share of the popular vote. Third parties: Electoral contenders other than the two major parties. American third parties are not unusual, but they rarely win elections as a result of the winner-take-all nature of the Electoral College. Winner-take-all system: An electoral system in which everything is awarded only to the candidates who comes in first in their constituencies. For example, in the presidential election, the candidate who wins the most votes in Washington state receives ALL eleven of Washington’s electoral votes. Responsible party model: A view favored by some political scientists about how parties should work. According to the model, parties should offer clear choices to the voters, who can then use those choices as cues to their own preferences of candidates. Once in office, parties would carry out their campaign promises. Nomination: A political party’s official endorsement of a candidate. Generally, success in the primary elections brings momentum, money, and media attention, which ultimately helps a candidate win the nomination from their party. Caucus: A meeting of the party for selecting delegates to the national party convention. In the past, this process was “closed” to only the elite political leaders and replaced the current primary process. Presidential primaries: Elections in which voters in a state vote for a candidate (or delegates pledged their support to him or her). Most of these delegates who attend the national party conventions are chosen this way. Presidential debates: Televised debates (beginning in 1960) have a significant impact on the campaign. McGovern-Fraser Commission: A commission formed in 1968 Democratic convention in response to demands for reform by minority groups and others who sought better representations. Superdelegates: National party leaders who automatically get a delegate slot at the Democratic national party convention. The Republicans call these “Unpledged” Delegates. Link to: McGovern-Fraser Committee. Frontloading: The recent tendency of states to hold primaries early in the calendar in order to capitalize on media attention. This topic will be BIG in upcoming years as states tinker with their election laws in order to jockey for media position. Link to: Super Tuesday; Iowa; New Hampshire. National/Regional Primary: A proposal by critics of the caucuses and presidential primaries, which who would replace these electoral methods with a nationwide primary/primaries held early in the election year. Party platform: A political party’s statement of its goals and policies for the next four years. The platform, crafted at the national convention, often appears as a mission statement on the party’s official website. Direct mail: A high tech method of raising money for a candidate or cause. It involves sending information and requests for money to people whose names appear on lists of those who have supported similar candidates in the past. Federal Election Campaign Act of 1974: A law passed for reforming campaign finance that created the Federal Elections Commission, provided public financing for primaries and general elections, limited presidential campaign spending, required disclosure, and attempted to limit contributions. Link to: FEC; soft money; BCRA 2002; Buckley v. Valeo; “527s”. Federal Elections Commission: A six member bipartisan agency that administers campaign finance laws and enforces compliance with their requirements. Soft Money: Money given to a party for the purpose of building up the party at the grassroots level. This category of campaign contributions have been banned by BCRA. Link to: Hard Money Political Action Committee: Fundraising vehicles created by FECA 1974. A corporation, union, or some other interest group can create a PAC and register it with the FEC which will meticulously monitor their expenditures. Bipartisan Campaign Reform Act of 2002 (BCRA or McCain-Feingold): Campaign finance regulations that double the amounts specified by FECA while trying to eliminate soft money contributions. It inadvertently created another loophole for Section 527 contributions. “527”: Named for the section of the IRS Tax Code, a 527 is an advocacy group trying to influence elections through voter mobilization and the spending of unlimited dollars in “independent expenditures.” The most famous of these in the 2004 election cycle was the “Swiftboat Veterans for Truth.” Battleground/Swing States: The states in a presidential election that are closely contested. Recent examples include Ohio, Pennsylvania, Florida, etc. “Solid South”: From Reconstruction through the 1950’s, the south consistently voted for the Democratic candidate. When the Democratic party began to support the civil rights movement, the region began to vote/lean more Republican. Federal Matching Funds: The only form of public financing of presidential elections available to presidential candidates for the primary and general election campaigns if the candidates agree to abide by spending limits. Money is matched if candidates can raise $5000 in 20 states with contributions of less than $250. The candidate is then matched dollar-for-dollar up to a limit in the primary election. If the candidate wins the nomination, he/she is then eligible for a set amount of money funding. Buckley v. Valeo. 1976: Case that reviewed the Federal Election Campaign Act of 1976. The court held that hard money donation restrictions did not violate free speech but that attempts to limit independent/candidate expenditures was unconstitutional and a violation of free speech. This allowed the practice of limited outside donations to candidates from individuals, PAC’s, and parties while allowing candidates to spend as they please. Unit 4 Key Terms Interest group: An organization of people with shared policy goals entering the policy process at local and national levels in order to achieve policy change. Link to: PACs, 527s, iron triangles. Pluralist theory: A theory of government and politics emphasizing that politics is mainly a competition among groups, each one pressing for its own preferred policies. Elite theory: A theory of government and politics contending that societies are divided along class lines and than an upper-class elite will rule, regardless of the formal niceties of governmental organization. Hyperpluralist theory: A theory of government and politics contending that groups are so strong that government is weakened. Hyperpluralist is an extreme, exaggerated, or perverted form of pluralism. Iron Triangles: A term used to describe the relationship between interest group leaders interested in a particular policy, the government agency in charge of administrating that policy, and the members of congressional committees and subcommittees handling that policy. Free-rider problem: The problem faced by unions and other groups when people do not join because they can benefit from the group’s activities without officially joining. Link to: cohesiveness. Selective benefits: Goods (such as information publications, travel discounts, and group insurance rates) that a group can restrict to those who pay their annual dues. Link to: material incentive, private good. Single-issue groups: Groups that have a narrow interest, tend to dislike compromise, and often draw membership from people new to politics. These features distinguish them from traditional interest groups. Link to: cohesiveness, free-rider problem. Lobbying: According to Lester Milbrath, a “communication, by someone other than a citizen acting on his own behalf, directed to a governmental decisionmaker with the hope of influencing his decision.” Inside Lobbying: Direct communication between interest groups and policy makers. Link to: Lobbying; Amicus Curiae Briefs. Outside Lobbying: A form of lobbying in which an interest group seeks to use public pressure to influence officials through votes, PAC contributions, and grassroots lobbying. Electioneering: Direct group involvement in the electoral process. Groups can help fund campaigns, provide testimony, and get members to work for candidates, and some form political action committees (PACs). Link to: 527s; FECA 1974; BCRA 2002. Political action committees (PACs): Political funding vehicles created by 1974 campaign finance reforms. A corporation, union, or some other interest group can create a PAC and register it with the Federal Election Commission (FEC), which will meticulously monitor the PAC’s expenditures. Grassroots: A form of indirect lobbying that refers to any attempt to influence legislation by affecting the opinions of the general public. Key Interest Groups: Examples include AARP, AMA, NAACP, NAM, NRA, NOW, Greenpeace, etc. Amicus curiae briefs: Legal briefs submitted by a “friend of the court” for the purpose of raising additional points of view and presenting information not contained in the briefs of the formal parties. These briefs attempt to influence a court’s decision. Class action suits: Lawsuits permitting a small number of people to sue on behalf of all other people similarly situated. Cohesiveness: A unified sense of purpose among all of the members; the single most important goal for any interest group. Link to: free-rider problem. High-tech politics: A nickname for a type of politics in which the behavior of citizens and policymakers and the political agenda itself are increasingly shaped by technology. Mass media: Television, radio, newspapers, magazines, the Internet, and other means of popular communication. Media events: Events purposely staged for the media that nonetheless look spontaneous (a “photo op”). In keeping with politics as theater, media events can be staged by individuals, groups, and government officials, especially presidents. Press conference: Meetings of public officials with reporters. Since the Watergate/Vietnam era, the media has become more aggressive in its scrutiny of the Whitehouse (watchdog role); therefore, recent Presidents have preferred the electronic throne over the press conference. Investigative journalism: The use of detective-like reporting to unearth scandals, scams, and schemes, placing reporters in adversarial relationships with political leaders. Ever since the Washington Post broke the story of Watergate (Richard Nixon’s illegal activities) the media has been in a constant posture of suspicion against big government and big corporations. Link to: Yellow Journalism. Signaler role: The responsibility of the media to alert the public to important developments as soon as they happen. Agenda setting: The power of the media through news coverage to focus the public’s attention and concern on particular events, problems, issues, and personalities. Common-carrier role: The media’s function as an open channel through which political leaders can communicate with the public Print media: Newspapers and magazines, as compared with broadcast media. Broadcast media: Television and radio, as compared with print media. Chains: By 1994, more than 80 percent of America’s daily papers were controlled by national and regional chains. Photo Ops: A photo opportunity that a politician stages for maximum publicity. Narrowcasting: Media programming on cable TV or the Internet that is focused on one topic and aimed at a particular audience. Examples include MTV, ESPN, C-SPAN, CNN, FOX NEWS. While it certainly increases our entertainment options, critics claim it makes our news coverage more biased and splintered, contributing to selective perception. Trial balloons: An intentional news leak for the purpose of assessing the political reaction. Sound bites: Short video clips of approximately 15 seconds, typically all that is shown from a politician’s speech or activities on the nightly television news. “Electronic Throne:” The presidential skill of using the television as a platform for public persuasion; developed as an alternative to press conferences. Link to: media event; common-carrier role, signaler role. “Infotainment:” A term used to characterize the recent trend in network television news production that blends analysis with entertainment. Many experts believe this trend can be linked to many other trends in politics and voter behavior. A good example is the ever-growing illusion that a Hollywood break-up is actually news. Horse-Race Journalism: A term that refers to the way the media covers political campaigns. The media is often accused of being more interested is in who is “ahead” than in the indepth coverage of issues. Freedom of Information Act (FOIA): This law applies to federal agencies. States have their own sets of laws. It requires that all public documents be made available to the public and all information is fully disclosed. Exceptions include national security issues, internal practices, personnel files, and medical files. Sunshine Laws: Laws that required the opening up of government meetings to the public and prohibited government entities from conducting business in private session. These laws exist at the state and federal level. Presidential Press Conference: The president may use the “bully pulpit” to promte his agenda. It also allows the press the opportunity to questions the president about issues that are important to the American public. Unit 5 Key Terms Referendum: Initiative petition: A state-level method of direct legislation that gives voters a chance to approve or disapprove proposed legislation or a proposed constitutional amendment. A process permitted in some states whereby voters may put proposed changes in the state constitution to a vote if sufficient signatures are obtained on petitions calling for such a referendum. Declaration of Independence: The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence. U.S. Constitution: The document written in 1787 and ratified in 1788 that sets forth the institutional structure of the U.S. government and the tasks these institutions perform. It replaced the Articles of Confederation. Natural rights: Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept was central to John Locke’s theories about government, and was widely accepted among America’s Founding Fathers. Link to: Declaration of Independence Consent of the governed: The idea that government derives its authority by sanction of the people (Locke). Limited government: The idea that certain restrictions should be placed on government to protect the natural rights of citizens. Link to: conservativism. Articles of Confederation: The first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. The articles established a national legislature, the Continental Congress, but most authority rested with the state legislature. Shays’ Rebellion: A series of attacks on courthouse by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings. Historians consider this the last straw against the Articles of Confederation. Factions: Interest groups arising from the unequal distribution of property or wealth. Today’s parities or interest groups are what Madison had in mind when he warned of the instability in government caused by factions. Link to: Madison’s Federalist Paper #10 Connecticut/Great Compromise: The compromise reached at the Constitution Convention that established two houses of Congress: the House of Representatives, in which representatives is based on a state’s share of the U.S. population, and the Senate, in which each state has two representatives (bicameral legislature). 3/5’s Compromise: The compromise to determine the valuation of slaves for both representation and taxation. Writ of habeas corpus: A court order requiring jailers to explain to a judge why they are holding a prisoner in custody. Link to: executive orders, “Imperial Presidency.” Ex post facto: Prohibited practice of citizens being prosecuted for acts that were legal at the time they were committed. Separation of powers: A feature of the Constitution that requires each of the three branches of government-executive, legislative, and judicial-to be relatively independent of the others so that one cannot control the others. From this premise, Madison developed his system of checks & balances setting power against power (Montesquieu). Link to Madison’s Federalist No. 47 Checks and balances: Features of the Constitution that limit government’s power by requiring that power be balanced among the different governmental institutions. These institutions continually check one another’s activities. Link to: Madison’s Federalist No. 51. Republic: A form of government in which the people select representatives to govern them and make laws. Federalists: Supporters of the U.S. Constitution at the time the states were contemplating its adoption. A federalist favored a strong central government. Anti-federalists: Opponents of the American Constitution at the time when the states were contemplating its adoption. An Anti-Federalist viewed the constitution as a threat to both individual and state rights. Their solution was to propose a Bill of Rights. 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. Link to Federalist Papers #10, #47, #51. Bill of Rights: The first 10 amendments to the U.S. Constitution, drafted in response to some of the Anti-Federalist concerns. These amendments define such basic liberties as freedom of religion, speech, and press and guarantee defendants’ rights. Equal Rights Amendment: A constitutional amendment passed by Congress in 1972 stating that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” The amendment failed to acquire the necessary support from three-fourths of the state legislatures. Link to: checks and balances. Marbury v. Madison, 1803: The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the U.S. Constitution. The decision established the Court’s power of judicial review over acts of Congress, in this case the Judiciary Act of 1789. Judicial review: First asserted in the 1803 Supreme Court case, Marbury v. Madison, it is the right of the Court to determine the constitutionality of congressional laws and actions of the President. Link to: Marbury v. Madison. Federalism: A way of organizing a nation so that two or more levels of government have formal authority over the same land and people. It is a system of shared power between units of government. Supremacy clause: Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits. Tenth Amendment: The Constitutional amendment stating that “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” Link to: reserved powers; elastic clause; loose vs. strict construction. McCulloch v. Maryland, 1819: A Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution. Enumerated powers: Powers of the federal government that are specifically addressed in the Constitution; for Congress, these powers are listed in Article I, Section 8. Also called “expressed,” or “delegated.” Implied powers: Powers of the federal government that go beyond those enumerated in the Constitution. The Constitution states that Congress has the power to “ make all laws necessary and proper for carrying into execution” the powers enumerated in Article I. Link to: elastic clause; Amendment 10; loose vs. strict construction. Elastic clause: The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated powers. Link to: Implied powers; Amendment 10; loose vs. strict construction. Gibbons v. Ogden, 1824: A landmark case in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity. Dred Scott, 1857: A landmark case in which the state’s power won out as the Supreme Court ruled the Missouri Compromise unconstitutional and allowed that slaves were property and not citizens. This case continued the country on the path to Civil War and set the tone for an era of State’s Rights in Federalism. Full faith and credit (clause): A clause in Article IV, Section 1, of the Constitution requiring each state to recognize the official documents and civil judgments rendered by the courts of other states. Link to: Defense of Marriage Act (DOMA). Extradition (clause): A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed. Privileges and immunities (clause): A clause of Article IV, Section 2, of the Constitution guaranteeing citizens of each state most of the privileges of citizens of other states. Dual federalism: A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. Also called “layer cake federalism.” Link to: conservatism. Cooperative federalism: A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly. Also called “marble cake federalism.” Link to: liberalism. Fiscal federalism: The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments (1968-present). Creative federalism: A sharing of costs between the national/state governments for programs that were traditionally paid for by state governments (1964-1968). New federalism: The federal government giving more power to the states by decentralizing federal government services and programs (1968-1994). Devolution: A return of power to the states. Initiated in the 1990’s. Categorical grants: Federal grants that can be used only for specific purposes, or “categories,” of state and local spending. They come with strings attached, such as nondiscrimination provisions. Compare to block grants. Project grants: Federal categorical grants given for specific purposes and awarded on the basis of the merits of application. Formula grants: Federal categorical grants distributed according to a formula specified in legislation or in an administrative regulations. Block grants: Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services. Link to: devolution; Republican revolution of the 1990s. Mandate: Requirements (sometimes unfunded) that direct states or local governments to comply with federal rules under threat of penalties or as a condition of receipt of federal grant funds. DO NOT confuse with mandate theory of elections. Link to: regulations; “red tape.”; unfunded mandates Cross-over sanctions: When the federal government uses federal grant dollars in one program to influence state and local policy in another (example: highway funds and drinking age). Link to: same as above. Unit 6 Key Supreme Court Cases (Civil Liberties and Civil Rights) Chaplinsky v. New Hampshire Regulating “Hate” Speech R.A.V. v. St. Paul Speech: Juvenile Speech Brandenburg v. Ohio Speech: Protected up to “Imminent Danger’ Tinker v. Des Moines Protected Speech: Students Wearing Arm Bands Schenck v. United States Unprotected Political Speech: Clear and Present Danger Texas v. Johnson Protected Speech: Burning a Flag U.S. v. O’Brien Unprotected Speech: Burning a Draft Card Gitlow v. New York First Amendment’s Applicability to Free Speech and State Action Engel v. Vitale Religion: No School Prayer Lemon v. Kurtzman Religion: Which Religious Aid Violates Establishment Clause Everson v. Board Religion: Defines “Wall of Separation” Lee v. Weisman Religion: No Prayer at Graduation McCollum v. Board Religion: No “Released Time” for Religious Wallace v. Jaffee Religion: Moment of Silence “OK”; No Mention for “Prayer” Reynolds v. U.S. Religion: Polygamy as a Practice is Unconstitutional Oregon v. Smith Religion: Free Exercise Does Not Extend to All Practices Wisconsin v. Yoder Religious Freedom for Amish and “Home-Schooling” Near v. Minnesota Press: No Restriction of Press/Criticisms New York Times v. Sullivan Press: Protected Criticism of Public Officials New York Times v. U.S. Press: Didn’t Allow Prior Restraint of Press (PENTAGON PAPERS) Hustler v. Falwell Press: Not Libel or Slander Miller v. California Obscenity: Establishes Miller Test to Define Obscenity Skokie Case Assembly: Protected All Speech Griswold v. Connecticut Privacy: Birth Control Information Roe v. Wade Privacy: Abortion Rights Planned Parenthood v. Casey Waiting Period/Parental Approval Upheld for Abortion Olmstead v. U.S. Search and Seizure: Wiretaps Allowed (Earlier Case) Wolf v. Colorado Fourth Amendment Applicable to States; Due Process Mapp v. Ohio Privacy: Search and Seizure Protection (Application to States) Katz v. U.S. Search and Seizure: Wiretaps Not Allowed (Later Case) New Jersey v. T.L.O. Search and Seizure: Reasonable Cause at Schools Powell v. Alabama Right to Counsel: Capital Cases Gideon v. Wainwright Right to Counsel: All Cases (Application to States) Escebedo v. Illinois Self-Incrimination/Right to Counsel: If Asked For Miranda v. Arizona Self-Incrimination/Right to Counsel Rights: Statement on Arrest Palko v. Connecticut Double Jeopardy Furman v. Georgia Death Penalty: Not Allowed (Applied Unequally) Gregg v. Georgia Death Penalty: Allowed (More Recent Case) Brown v. Board of Education Sweatt v Painter Missouri (Gaines) v. Canada Regents v. Bakke Fullilove v. Klutznick Adarand v. Pena Swann v. Charlotte-Mecklenburg Keyes v. School District Denver Milliken v. Bradley San Antonio v. Rodriguez Baker v. Carr Buckley v. Valeo Bradwell v. Illinois Minor v Happersett Korematsu v. United States Cherokee Nation v. Georgia School Integration Separate But Equal Is Not Constitutional at Graduate Level If States Provide Schooling to Whites They Must Provide to Blacks Affirmative Action is Fine; Quotas Are Not Congress Can Use Spending Power to Remedy Past Discrimination; Cut Back Affirmative Action Court-Ordered Busing (De Jure Discrimination) Court-Ordered Busing (De Facto Discrimination) Across-District Court-Ordered Busing is Different School District Funding Levels in Constitutional One Man/One Vote: Reapportionment Case Upheld Federal Limits on Campaign Contributions Right to Practice Profession Not Part of 14th Amendment; Women Women Don’t Have the Right to Vote Via 14th Amendment Japanese American Internment is Constitutional Native American Unit 6 Key Terms Civil Liberties: The fundamental individual rights of a free society. These are usually defined as those rights in the 1st Amendment. Civil Rights: The right of every person to equal protection under the laws and equal access to society’s opportunities and public facilities. Libel/Slander: Written and spoken defamation that is not protected by the Constitution. Symbolic Speech: Action for the purpose of expressing a political opinion. Sedition: This is classified as unprotected political speech. Prior Restraint: The prohibition of speech or publication “before the fact.” There are limited scenarios when this is constitutional. Establishment Clause: A 1st Amendment provision that states that government may not establish or favor a specific religion. This prevents the government from passing laws respecting religious favor. Link to: Free Exercise Clause. Free Exercise Clause: A 1st Amendment provision that prohibits the government from interfering with religious practice. Link to: Establishment Clause. Procedural Due Process: The constitutional requirement of the government to follow proper legal procedures. This is usually associated with the 4th-8th Amendments. Exclusionary Rule: The legal principle that the government is prohibited from using Evidence that was obtained through unconstitutional means. Gender Gap: The existing social gap between women and men in that women . Comparable Worth: The idea that “women’s jobs” should get equal pay for work that is of similar difficulty/responsibility and require similar levels of training/education. De Facto/De Jure: Discrimination that results from social, economic, and cultural biases and conditions. Discrimination that results from the results of a law. Affirmative Action: A term that refers to programs designed to ensure that women, minorities, and other groups have full and equal opportunities in education, employment, and other areas. Selective Incorporation: The Supreme Court’s 20th century practice of choosing elements of The Bill of Rights and extending those provisions to protect citizens from state government action. This practice has been done by the courts through the use of the 14th Amendment. Link to: Naturalization Due Process Clause: This is part of the Fourteenth Amendment. The clause of the Constitution has been used by the courts to apply the provisions of Bill of Rights to actions of the state government concerning issues of civil liberties. Link to: Equal Protection Clause; Civil Liberties. Equal Protection Clause: This is also part of the Fourteenth Amendment. The clause has been used to apply to the actions of the state government concerning issues of civil rights. Link to: Due Process Clause; Civil Rights. Unit 7 Key Terms Incumbents: Members of Congress who already hold office. Link to: safe seat; Gerrymandering; Constituency. Casework: Activities of members of Congress that help constituents as individuals cut through bureaucratic regulations (red tape) to get things they want. Link to: incumbency; red tape; pork barrel. Pork barrel: The list of federal projects, grants, and contracts that incumbents secure for their constituents. Link to: earmarks; incumbency; casework. Bicameral Legislature: A legislature divided into two houses; like the US Congress with its House of Representatives and Senate. The bicameral nature of a governing body provides for increased checks and balances, and deliberate inefficiency. Franking: The ability of an incumbent to send mail free to his/her constituents. This is often used as a technique to help maintain name recognition. Midterm Elections: These “Congressional” elections are in the even years between Presidential elections. They can serve as not only a shift in balance in Congress but also as a potential hazard for incumbents. Reapportionment: The practice of reallocating House seats after the census is completed. Link to: Redistricting; Gerrymandering. Redistricting: The process of altering election districts to make them as “equal” as Possible. Link to: Reapportionment; Gerrymandering. Gerrymandering: The practice of altering districts to create a partisan advantage. Link to: Reapportionment; Redistricting. House Rules Committee: Committee that reviews all bills (except revenue, budget, and appropriations) that come out of committee before they enter the full House for debate; they attach “rules” to bills. Logrolling: The practice of a congressman/congresswoman trading his or her vote on a bill for a future vote from a colleague. Caucus: Formed by congresswoman/congressmen from both house of Congress who have the same interests fro the purpose of developing and promoting legislation. These are based on party, race, ethnicity, and political philosophy. Filibuster: Stalling technique unique to the Senate used to “talk a bill to death.” Link to: cloture. Speaker of the House: Constitutionally mandated position chosen by the majority party in the House; first in command in the House of Representatives; second in the line of Presidential succession. Majority leader: Responsible for scheduling bills, influencing committee assignments, and rounding up votes. Whips: Leaders who track vote totals and lean on anyone who may be influenced before the vote occurs; target undecided members. Minority leader: The principal leader of the minority party in the Senate and House of Representatives. Standing committees: Separate subject-matter committees in each house that handle bills in different policy areas. Joint committees: Committees on a few subject-matter areas with membership drawn from both houses. Conference committee: Committees formed from each house to reconcile the language of a bill as it emerges from the House and the Senate; “iron out” language differences. Select committee: Committees appointed for a single purpose, such as an investigation. Link to: watchdog role of the press; iron triangle; legislative oversight. Key Committees: House: Appropriations, Ways and Means, Armed Services, Foreign Relations, Rules Senate: Appropriations, Finance, Armed Services, Foreign Relations, Judiciary Legislative oversight: Congressional monitoring of the bureaucracy and its administration of policy; performed mainly through hearings. Link to: select committee; iron triangle; “power of the purse.” Committee chairs: A leadership position in Congress that has the most important influence on the congressional agenda; scheduling hearings, hiring staff, appointing subcommittees, and managing bills. They were once chosen strictly based on the seniority system, now they are mostly determined by the party in power. Seniority system: A rule for choosing committee chairs that has slowly been replaced since the 1970s. Bill: A proposed law (also referred to as “legislation”) that must be formally introduced by a member of the House or Senate. Most bills actually die in the committee process, but those that make it through committee and debate have the chance to become law with presidential approval. Link to: House Rules Committee; pigeonhole; filibuster. Open/Closed Bill: Determination in the House as to whether a bill can have amendments added to it when it reaches the floor for debate. Cloture: The vote (requiring 60 members present) to end a filibuster. Rider: An amendment to a bill that deals with an issue unrelated to the content of the bill. Riders are permitted in the Senate but not the House. Omnibus legislation: Nickname given to miscellaneous, all-inclusive spending bills. Link to: pork barrel; incumbency. Reciprocity: The tradition in Congress of trading votes; also called “logrolling.” “Junket:” Nickname critics give to congressional trips (for business or not) at taxpayers’ expense. Miller v. Johnson, 1995: U.S. Supreme Court case that banned racial gerrymandering. Baker v. Carr, 1962: Supreme Court established “one man, one vote” in that the equal protection clause of the 14th Amendment applied to drawing legislative districts that guaranteed equal representation. US Term Limits, Inc. vs Thornton, 1995: U.S. Supreme Court case striking down term limits for incumbents. “Safe seat:” Nickname for a seat of Congress that is well protected by incumbency. Link to: gerrymandering; Miller v. Johnson, 1995; US Term Limits Inc vs. Thornton. “Power of the purse:” Phrase describing Congress’ budget appropriations power, one of the most powerful methods of legislative oversight. Congressional Budget Office: Non-partisan congressional agency responsible for analyzing the president’s proposed budget. Link to: OMB; Congressional Budget and Impoundment Control Act, 1974. Government Accountability Office: Non-partisan congressional agency that performs audits of the executive branch thereby helping with legislative oversight. Link to: iron triangle; “power of the purse.” Congressional Research Service: Non-partisan congressional agency that provides research for members and staff of Congress. Unit 8 Key Terms Hats of the President: Inherent Powers: The president is granted Constitutional authority to be Commander-inChief, Chief Executive, Chief Diplomat, and Chief Legislator. The president has also taken on other roles/powers as the office has “grown.” Powers of the president that expands the power of the presidency. These powers are derived from the delegated authority of the president. Twenty-second Amendment: Passed in 1951, the amendment that limits presidents to two terms of office. Impeachment: The political equivalent of an indictment in criminal law, prescribed by the Constitution. Impeachable offenses include “treason, bribery, or other high crimes and misdemeanors.” Honeymoon Period: The president’s first months in office when Congress, the press, and the public are more inclined than usual to support presidential initiatives. Approval Rating: A measure of the degree to which the public approves or disapproves of the president’s performance in office. Watergate: The events and scandal surrounding a break-in at the Democratic National Committee headquarters in 1972 and the subsequent cover-up of White House involvement, leading to the eventual resignation of President Nixon under the threat of impeachment Twenty-fifth Amendment: Passed in 1967, this amendment permits the vice president to become acting president if both the vice president and the president’s cabinet determine that the president is disabled. The amendment also outlines how a recuperated president can reclaim the job. Cabinet: A group of presidential advisors not mentioned in the Constitution, although every president has had one. Today the cabinet is composed of 14 secretaries and the attorney general (15 departments). White House Office (WHO)/Staff: The president’s personal assistants, advisors, press agents, legislative aides, Etc. who are hired and fired and serve the president. Examples include the Chief of Staff, National Security Advisor, and Press Secretary. Executive Office of the President (EOP): The connection between the White House and the Bureaucracy. These offices serve in specific policy areas. Examples include the National Security Council (NSC), Council of Economic Advisors (CEA), and the Office of Management and Budget (OMB). Office of Management and Budget (OMB): An office that grew out of the Bureau of the Budget, created in 1921, consisting of a handful of political appointee and hundreds of skilled professionals. The OMB performs both managerial and budgetary functions. Link to: Congressional Budget Office. Veto: The constitutional power of the president to send a bill back to Congress with reasons for rejecting it. The president must veto the entire bill even if he dislikes a small portion of it. A two-thirds vote in each house can override a veto. Pocket Veto: A veto taking place when Congress adjourns within 10 days of submitting a bill to the president, who simply lets it die by neither signing nor vetoing it. War Powers Resolution: A law passed in 1973 in reactions to American fighting in Vietnam and Cambodia, requiring president’s to consult with Congress whenever possible prior to using military force and to withdraw forces after 60 days unless Congress declares war or grants an extension. Presidents view the resolution as unconstitutional. Link to: legislative veto; INS v. Chadha, 1983. Legislation Veto: The ability of Congress to override a presidential decision. The Supreme Court found this legislative veto in violation of the doctrine of separation of powers. Despite the ruling, Congress and successive presidential administrations have continued to craft informal legislative understandings that require written approval of House and Senate appropriations committees before agencies may take specified actions. The executive has been willing to accept this after-thefact congressional control as the price for obtaining a greater discretionary authority than Congress would otherwise have been likely to grant. Link to: INS v. Chadha, 1983. Executive Order: Presidential statements that have the force of law and do not need congressional approval. Executive Agreement: “Handshake” agreements made with foreign countries that do not require Senate approval. INS v. Chadha, 1983: U.S. Supreme Court case striking down the legislative veto on account of its violation of the separation of powers. U.S. v. Nixon, 1974: U.S. Supreme Court case defining executive privilege and limiting the president’s use of it in cases of national security. Impoundment: A presidential effort to temporarily or permanently block the flow of funds that Congress has already approved. Link to: Budget and Impoundment Control Act, 1974 Budget and Impoundment Control Act, 1974: Legislation creating the Congressional Budget Office and requiring congressional approval for the president’s use of impoundment. Clinton v. N.Y.C., 1998: U.S. Supreme Court case that strikes down the line-item veto, passed by Congress only two years earlier. Bush v. Gore, 2000 An extremely controversial U.S. Supreme Court ruling that stopped a manual recount of ballots in Florida, thereby awarding Florida’s electoral votes to George W. Bush and declaring him the winner of the 2000 election. Critics use this election as one more example of the need to revamp the Electoral College system. Unit 9 Key Terms Patronage: A job, promotion, or contract given for political reasons rather than on merit alone. One of the key inducements among corrupt urban party machines of the past. Link to: Pendleton Civil Service Act; merit principle; spoils system. Pendleton Civil Service Act: Passed in 1883, an Act that created a federal civil service so that hiring and promotion would be based on merit rather than on patronage. Link to: merit principle. Merit principle: The idea that hiring should be based on entrance exams and promotion ratings to produce administration by people with talent and skill. Link to: Pendleton Civil Service Act. Civil Service System: The approach to bureaucracy where people are awarded jobs based on Competitive examinations and/or qualifications. These people are referred to as civil servants/bureaucrats. Hatch Act: A federal law prohibiting government employees from active participation in partisan politics during work hours. Link to: electioneering. Bureaucracy: The authority structure of the executive branch. After Congress makes a law, the executive bureaucracy, headed by the President, is responsible for executing/carrying out/enforcing that law. Link to: iron triangle; merit principle; administrative discretion. Independent Regulatory Agency: A government agency responsible for some sector of the economy, making and enforcing rules to protect the public interest. It also judges disputes over these rules. Examples include the SEC, FCC, FTC, FEC, EPA, CPSC. Link to: regulation; deregulation; conservatism; liberalism; federalism. Departments: The major administrative organizations within the federal bureaucracy. Each is headed by a secretary that has responsibility for a major function of the federal government. Link to: executive agencies; regulatory agencies. Executive Agencies: The agencies within a department that serve a specific purpose. An example would be the FBI within the Department of Justice. Independent Executive Agencies: Agencies that do not fit within a department and serve a specific purpose. An example would be the CIA or NASA. Regulatory Agencies: These are responsible for some sector of the economy that falls under the jurisdiction of a department. Their job is to make and enforce rules to protect public interest. Examples include FDA and OSHA. Public Corporations: Bodies such as the Postal Service that are similar to a private corporation in that they charge for a service they provide. They do receive small amounts of federal funds to offset expenses. Policy Implementation: The stage of policymaking between the establishment of a policy and the consequences of the policy for the people whom it affects. Implementation involves translating the goals and objectives of a policy into an operating, ongoing program. Regulation: The use of governmental authority to control or change some practice in the private sector. Regulations pervade the daily lives of people and institutions. Link to: cooperative federalism, categorical grants, liberalism. Deregulation: The lifting of restrictions on business, industry, and professional activities for which government rules had been established and that bureaucracies had been created to administer. Link to: conservatism, devolution, dual federalism. (Administrative) discretion: The authority of bureaucratic administrators (“street-level bureaucrats”) to choose from various responses to a given problem; to be flexible. This power is what often leads to poor implementation and legislative oversight. Red tape: Derogatory nickname for regulations imposed by the bureaucracy. Link to: regulation; bureaucracy. Whistle-blowing: An internal check on the bureaucracy wherby employees report instances of mismanagement that they observe. Unit 10 Key Terms Standing: The requirement that plaintiffs have a serious interest in a case; depending on whether they have sustained a direct injury. Link to: writ of certiorari; “rule of four.” Original jurisdiction: The jurisdiction of the courts that hear a case first, usually in a trial. These are the courts that determine the facts about a case. Link to: Fifth Amendment; due process. Appellate jurisdiction: The jurisdiction of courts that hear cases brought to them on appeal from lower courts. These courts do not review the factual record, only the legal issues involved. District courts: The 90+ federal courts of original jurisdiction. They are the only federal courts in which trials are held and in which juries may be impaneled. Link to: Sixth Amendment. Courts of Appeal: Appellate courts empowered to review all final decisions of district courts, except in rare cases. In addition, they also hear appeals to orders of many federal regulatory agencies. These courts represent a “circuit”. Supreme Court: The “highest court in the land,” ensuring uniformity in interpreting national laws, resolving conflicts among states, and maintaining national supremacy in law. The Supreme Court has the power to set “precedent,” that is, to make decisions that carry the force of law for future generations. Senatorial courtesy: An unwritten tradition whereby nominations for state-level federal judicial posts are not confirmed if they are opposed by a senator from the state in which the nominee will serve. Solicitor General: A presidential appointee in the Department of Justice responsible for choosing and arguing cases before the Supreme Court on behalf of the U.S. government. Opinion: A statement of legal reasoning behind a judicial decision; the content which may be as important as the decision itself (majority, concurring, dissenting). Precedent: How similar cases have been decided in the past. Link to: stare decisis. Original intent: A view that the Constitution should be interpreted according to the original intent of the Framers. This intent is mainly expressed in the convention debate notes as well as the Federalist Papers. Link to: conservative; strict-construction. Judicial implementation: The process of remanding decisions to the lower courts to be enforced, and Thereby converted into actual policy. Link to: Brown v. Board of Education (II), 1955. Judicial restraint: A judicial philosophy in which judges play minimal policymaking roles. Link to: original intent; conservative; strict-construction. Judicial activism: A judicial philosophy that advocates bold policy decisions to correct social and political problems. Link to: liberalism; loose-construction. Writ of certiorari: A formal document from the U.S. Supreme Court that calls up a case from the lower courts. Link to: standing. Oral Argument: Attorneys 30-minute presentation of their case to the Supreme Court justices Judicial Conference: A “conference” meeting of all nine judges. The Chief Justice asks each judge to give his/her opinion (based on seniority). Then, the vote occurs in reverse order. It is at this time that a justice is chosen to write the majority opinion. “Stare Decisis” “Let the decision stand”. This practice is employed by the Supreme Court in a “vertical” and “horizontal” way. Link to: Precedent; Common Law. Rule of Four: Minimum number of justices that must be in agreement to grant the writ of certiorari. “Paper trail:” A nickname given to a federal judge’s record of judicial rulings. This becomes relevant during the “vetting process” in the Senate. Link to: filibuster. “Doctrine of stare decisis:” From the latin for “let the decision stand” this doctrine holds that judicial precedent has the force of law. Strict supporters of this doctrine don’t like to see judges “legislate from the bench” and steer away from established precedent. Today, Supreme Court nominees are often asked about their stance regarding this doctrine. “Courts”: Marshall: set precedent; expanded courts’ power (Key Cases: Marbury, McCulloch, Gibbons) Warren: “activist” court; new precedents; expanding the rights of the accused (Key Cases: Brown, Mapp, Gideon, Miranda) Burger: “strict constructionist” but expanded civil liberties (Key Cases: Roe, Pentagon Papers, US v. Nixon, Bakke) Rehnquist: judicial restraint, struck down infringements on states’ rights; limited rights of the accused and students (Key Cases: Planned Parenthood v. Casey, Bush v. Gore)