answers
DESCRIPTION
this is answersTRANSCRIPT
all the activities used by citizens to influence theselection of political leaders or the policies they
pursue
the process by which we select our governmentalleaders and what policies these leaders pursue
the institutions and processes through whichpolicies are made for a society
the political channels through which people'sconcerns become political issues on the policy
agenda
the process by which policy comes into beingand evolves over time. people's interest and
concerns create political issues for governmentpolicy makers. these issues shape policy, which
in turn impacts people, generating more interests,problems, and concerns
groups that have a narrow interest, tend to dislikecompromise, and often draw membership from
people new to politics
A term used to describe a political system inwhich the people are said to rule, directly orindirectly. See also Direct or participatory
democracy; Representative democracy
the branches of government charged with takingaction on political issues
the issues that attract the serious attention ofpublic officials and other people actually
involved in politics at any given time
A theory of government and politicsemphasizing that politics is mainly a competition
among groups, each one pressing for its ownpreferred policies.
a principal of traditional democratic theory thatguarantees rights to those who do not belong
a fundamental principal of traditional democratictheory. in a democracy choosing among
alternatives require that the majority's desire berespected
a condition that occurs when no coalition isstrong enough to form a majority and establish
policty
a cynical theory of government and politicscontending that groups are so strong that
government is weakened and pluralism has gonebad
a theory of government and politics contendingthat societies are divided along class lines and
that the upper class elite will rule
the idea that government derives its authority bysanction of the people
rights inherent in human beings, no dependent ongovernments, which include life, liberty, and
property. john locke
the belief that individuals should be left on theirown by the government; a prominent belief in
American political thought
According to James Madison, a group of peoplewho seek to influence public policy in ways
contrary to the public good. (Ch. 2) ■With selected items:
A series of attacks on courthouse by a smallband of farmers led by Revolutionary WarCaptain Daniel Shays to block foreclosure
proceedings. Historians consider this the laststraw against the Articles of Confederation.
the idea that certain restrictions should be placedon government to protects the natural rights
A feature of the Constitution that requires eachof the three branches of government-executive,
legislative, and judicial-to be relativelyindependent of the others so that one cannot
control the others. From this premise, Madisondeveloped his system of checks balances setting
power against power. (Montesquieu).
A court order requiring jailers to explain to ajudge why they are holding a prisoner in
custody. Link to: executive orders, “ImperialPresidency.”
the compromise reached at the const conventionthat established two houses of congress
Opponents of a strong central government whocampaigned against ratification of the
Constitution in favor of a confederation oflargely independent states. Antifederalists
successfully marshaled public support for afederal bill of rights. After ratification, they
formed a political party to support states' rights.See also Federalists (Ch. 2)
Supporters of the U.S. Constitution at the timethe states were contemplating its adoption. A
federalist favored a strong central government.
A form of government in which the people selectrepresentatives to govern them and make laws.
a constitutional amendment passed by congressin 1972 stating that "equality of rights under thelaw shall not be denied or abridged by the US orby any state on accound of sex." the amendment
failed to acquire the necessary support fromthree-fourths of the state legislatures
The first 10 amendments to the U.S.Constitution, drafted in response to some of theAnti-Federalist concerns. These amendments
define such basic liberties as freedom of religion,speech, and press and guarantee defendants’
rights.
A collection of 85 articles written by AlexanderHamilton, John Jay, and James Madison under
the name “Publius” to defend the Constitution indetail.
A way of organizing a nation so that two or morelevels of government have formal authority over
the same land and people. It is a system ofshared power between units of government.
First asserted in the 1803 Supreme Court case,Marbury v. Madison, it is the right of the Court
to determine the constitutionality ofcongressional laws and actions of the President.
Link to: Marbury v. Madison.
Supreme Court decision that established theprinciple of judicial review
a supreme court decision that established thesupremacy of the nation gov over state govs
the powers not dlegated to the us by the constnor prohibited by it to the states, are reserved to
the states respectively, or to the people
articl 6 of the constitution, which makes theconstitution, national laws, and treaties supremeover state laws when the national gov is acting
within its constitutional limits
article 1 section 8 last paragraph, authorizescongress to pass all laws necessary and proper to
carry out the enumerated powers
powers of the federal government that go beyondthose enumerated in the constituition. the
constitution states that congress has the power tomake all laws necessary and proper for carrying
into exectution. article 1
powers of the federal government that arespecifically addressed in the constitution for
congresst, article 1 section 8
a legal process whereby an alleged criminaloffender is surrendered by the officials of one
state to officials of the state in which the crime isalleged to have been committed
A clause in Article IV, Section 1, of theConstitution requiring each state to recognize theofficial documents and civil judgments rendered
by the courts of other states.
a landmark case in which the supreme courtinterpreted very broadly the elastic clause of the
constitution giving congress the power toregulate interstate commerce
a system of government in which powers andpolicty assignments are shared between states
and the national government
A system of government in which both the statesand the national government remain supremewithin their own spheres, each responsible for
some policies. Also called “layer cakefederalism.” Link to: conservatism.
a clause guaranteeing citizens of each state mostof the privileges of citizens of other states
federal categorical grants given for a specificpurpose and awarded on the basis of the merits
of application
Federal grants that can be used only for specificpurposes, or “categories,” of state and local
spending. They come with strings attached, suchas nondiscrimination provisions. Compare to
block grants.
the pattern of spending, taxing, and providinggrants in the federal system; it is the cornerstoneof the national government's relations with state
and local governments
Rules imposed by the federal government on thestates as conditions for obtaining federal grantsor requirements that the states pay the costs ofcertain nationally defined programs. (Ch. 3)
Federal grants given more or less automaticallyto states or communities to support broad
programs in areas such as communitydevelopment and social services. Link to:
devolution; Republican revolution of the 1990s.
federal categorical grants distributed accordingto a formula specified in legislation or in an
administrative regulation
the opinion of the publicwhen a condion on one federal grant is extended
to all activities supported by federal funds
when the federal government uses federal grantdollars in one program to influence state and
local policty in another
the mixing of culturesa valuable tool for understaning demographic
changes. required every 10 yearsthe science of human population change
the proces of reallocating seats in the House ofReps every 10 years based of the census
A broadly shared way of thinking about politicaland economic life that reflects fundamentalassumptions about how government should
operate. It is distinct from political ideology,which refers to a more or less consistent set ofviews about the policies government ought to
follow. Up to a point people sharing a commonpolitical culture can disagree about ideology. See
also Political ideology (Ch. 4)
the emergence of a non white majority
the technique used to take a sample that is asscarce as possible
A sample selected in such a way that anymember of the population being surveyed (Ch.e.g., all adults or voters) has an equal chance of
being interviewed. (Ch. 5)
a rlatively small proportion of people who arechosen in a survey
Differences in the political views and votingbehavior of men and women. (Ch. 5)
A sample selected in such a way that anymember of the population being surveyed (Ch.e.g., all adults or voters) has an equal chance of
being interviewed. (Ch. 5)
public opinion surveys used by major medialpllsters to predict electoral winners
an effect caused by the exit poll in whichundecided voters turnout to support the candidate
who is leading in the pollsthe diverstiy of th us
a form of political participation that reflects aconscious decision to break a law believed to be
immoral and to suffer the consequences
a type of political party organization that relieshavily on material inducements, such as
partonage
a citizen's slef-proclaimed preference for oneparty or the other
A group that seeks to elect candidates to publicoffice by supplying them with a label--a "partyidentification"--by which they are known to the
electorate. (Ch. 7)
An election prior to the general election in whichvoters select the candidates who will run on each
party's ticket. Before presidential elections, apresidential primary is held to select delegates tothe presidential nominating conventions of themajor parties. See also Closed primary; Open
primary (Ch. 8)
one of the key inducements used by partymachines. A partonage job, promotion, or
contract is one that is given for political reasons
Voting for candidates of different parties forvarious offices in the same election. For
example, voting for a Republican for senator anda Democrat for president. See also Straight ticket
(Ch. 7)
A primary election that permits all voters,regardless of party, to choose candidates. ADemocratic voter, for example, can vote in a
blanket primary for both Democratic andRepublican candidates for nomination. (Ch. 8)
A primary election that permits voters to chooseon election day the primary in which they wishto vote. They may vote for candidates of onlyone party. See also Blanket primary; Closed
primary; Primary election (Ch. 8)
A primary election limited to registered partymembers. Prevents members of other parties
from crossing over to influence the nominationof an opposing party's candidate. See also Open
primary; Primary election (Ch. 8)
A paid, full-time manager of a party's day-to-daywork who is elected by the national committee.
(Ch. 7)
A committee of delegates from each state andterritory that runs party affairs between national
conventions. (Ch. 7)
A meeting of party delegates elected in stateprimaries, caucuses, or conventions that is held
every four years. Its primary purpose is tonominate presidential and vice-presidential
candidates and to ratify a campaign platform.(Ch. 7)
"EARTHQUAKE" where new issues emerge,new coalitions replace old ones, and the majority
party is often displaced by the minority party
historical periods in which a majority of voterscling to the part in power, which tends to win
majority
An alliance among different interest groups(factions) or parties to achieve some politicalgoal. An example is the coalition sometimes
formed between Republicans and conservativeDemocrats. (Ch. 2)
a term used to describe the fact that manyamericans are indifferent toward two major
political parties
the graudal disengagement of people andpoliticians from strict party id. In the past 30 yrs,
more americans are clling themselveindependents and splitting ballots
a coalition forged by the democrats whodominated american politics from the 1930s to
the 1960s. its basic elements were the urbanwrking class, ethnic groups, catholics and jews
a view favored by some political scientists abouthow parties should work. according to the
model, parties should offer clear choices to thevoters, who can then use those choices as cues to
their own preferernces of candidates. once inoffice, parties would carry out their campaign
promises
an electoral system used throughout most ofeurope that awards legislative seats to political
parties in proportion to the number of votes wonin an election
an electoral system in which legislative seats areawarded only to the candidates who comes in
first in their constituencies
An association of members of Congress createdto advocate a political ideology or a regional,
ethnic, or economic interest. (Ch. 7, 11)
A meeting of party delegates elected in stateprimaries, caucuses, or conventions that is held
every four years. Its primary purpose is tonominate presidential and vice-presidential
candidates and to ratify a campaign platform.(Ch. 7)
a political party's offical endorsement of acandidate. generally, success in the primary
elections brings momentum, money and mediaattention, which ultimately helps a candidate win
the nomination from their party
Party leaders and elected officials who becomedelegates to the national convention withouthaving to run in primaries or caucuses. Party
rules determine the percentage of delegate seatsreserved for party officials. (Ch. 7)
a commission formed in 1968 democraticconvention in response to demands for reform by
minority groups and others who sought betterrepresentations
elections in which voters in a state vote for acandidate (or delegates pledged their support tohim or her). most of these delegates who attend
the national party convention are chosen thisway
a proposal by critics of the caucuses and prezprimaries to replace these electoral methods with
a series of primaries held in each geographicregion.
a proposal by critics of the caucuses and prezprimaries, which who would replace these
electoral methods with a nationwide primaryheld early in the election year
the recent tendency of states to hold primariesearly in the calender in order to capitalize on
media attention. this topic will be big in 07-08 asstates tinker their election laws in order to jockey
for media postion
a law passed for reforming campaign financethat created the fec, provided public financingfor primaries and general elections, imited prez
campaign spending, required disclosure, andattempted to limit contributions
a simple and highly effective method of raisingmoney for a candidate or cause. it involves
sending info and requests for money to peoplewhose names appear on a list who have recently
supported the party
a political party's statement of its goals andplicies for the next four years. the platform,
crafted at the national convention, often apperasas a mission statement
A committee set up by and representing acorporation, labor union, or special-interest
group that raises and spends campaigncontributions on behalf of one or more
candidates or causes. (Ch. 8)
Funds solicited from individuals, corporations,and unions that are spent on party activities, such
as voter-registration campaigns and votingdrives, rather than on behalf of a specific
candidate. These funds need not be reported tothe Federal Election Commission. (Ch. 8)
a six member bipartisan agency that administerscampaign finance laws
an advertisement or advocacy group trying toinfluence elections through voter mobilization
and the spending of unlimited dollars inindependent expenditures
campaign finance regulations that double theamounts specified by FECA while trying to
eliminate soft money contributions. itinadvertently created another loophole for 527s
Paying attention only to those parts of anewspaper or broadcast story with which oneagrees. Studies suggest that this is how people
view political ads on television. (Ch. 10)
a process permitted in some states hwerebyvoters may put proposed changes in the state
constitution to a vote if sufficient signatures areobtained on petitions calling for such a
referendum
The practice of submitting a law to a popularvote at election time. The law may be proposedby a voter's initiative or by the legislature. See
also Initiative (Ch. 3)
Political authority conferred by law, publicopinion, or constitution. (Ch. 1)
the belief that in order to support democraticgovernment, a citizen should actively participate
in politics
A citizen's belief that he or she can understandand influence political affairs. This sense is
divided into two parts--internal efficacy(confidence in a citizen's own abilities to
understand and take part in political affairs) andexternal efficacy (a belief that the system will
respond to a citizen's demands). (Ch. 4)
the legal right to vote, amendment 15 andwomen amendment 19 and people over 18
amendment 26
the idea that the winning candidate has amandate from people to carry out his oer her
platforms and politics. politicians like the theorybetter than political scientists do
passed in 1993 this act went into effet for the 96election. it requires states to permit people to
register to vote at the same time they apply fortheir driver's license
system adopted by the states that requires votersto register well in advance of election a day
Voting for or against the candidate or party inoffice because one likes or dislikes how thingshave gone in the recent past. (Ch. Retrospective
means "backward-looking.") See alsoProspective voting (Ch. 8)
providing for the selection of the president byelectors chosen by the state parties. candidatewho win the popular vote in each state receiveall of that state's electoral votes. the candidate
recieving 270 wins
electoral choices that are made on the basis ofthe voters policy preferences and on the basis of
where the candidates stand on policy issures
media on paperthe power of the people at the state or local levelto recall an elected official, or remove them from
office following the election
an extremely controversial us supreme courtruling that stopped a manual recount of ballots inflorida, thereby awarding florida's elctoral votes
to bush
mt, espn, cspan, cnn, msnbcby 1994 more than 80% of america's dailypapers were controlled by natl and regional
chainsfox, abc, nbc, broadcasting to a wide range
a shot of person's face talking diretly to thecamera, not appealing, news won't show it very
long
short video clips about a candidate, lackinginformation
an intertional new lead for the purpose ofassessing the political reaction
a theory that societies are divided along classlines and than an upper-class elite will rule,
regardless of the formal niceties of governmentalorganization
a theory emphasizing that politics is mainnly acompetitiona mong groups, each one pressing for
its own preferred policies
An organization of people sharing a commoninterest or goal that seeks to influence the
making of public policy. (Ch. 9)
the problem faced by unions and other groups donot join because they can benefit from the groups
activities without joining
a term to describe the relationship betweeninterest group leaders interested in a particular
policy, the government agency in charge ofadministrating that policy, and the members ofcongressional committees and subcommittees
handling that policy
a theory that groups are so strong thatgovernment is weakened
groups that have narrow interests, ex: nragoods that a group can restrict to those who pay
their annual dues
the larger the group the further it will fall shortof providing an optimal amount of collective
good
A committee set up by and representing acorporation, labor union, or special-interest
group that raises and spends campaigncontributions on behalf of one or more
candidates or causes. (Ch. 8)
direct group of involvement in the eletoralproces. groups can helf fund campaigns, provide
testimony, and get members to work forcandidates
An interest group organized to influencegovernment decisions, especially legislation. Tolobby is to attempt to influence such decisions. A
lobbyist is a person attempting to influencegovernment decisions on behalf of the group.
(Ch. 9)
a unified sense of purpose among all of themembers; the single most important goal for any
interest group
A case brought into court by a person on behalfof not only himself or herself but all other
persons in the country under similarcircumstances. For example, in Brown v. Boardof Education of Topeka, Kansas, the Supreme
Court decided that not only Linda Brown but allothers similarly situated had the right to attend alocal public school of their choice without regard
to race. (Ch. 14)
A Latin term meaning "a friend of the court."Refers to interested groups or individuals, notdirectly involved in a suit, who may file legal
briefs or make oral arguments in support of oneside. (Ch. 14)
Legislation that gives tangible benefits (Ch.highways, dams, post offices) to constituents inseveral districts or states in the hope of winning
their votes in return. (Ch. 11)
activities of members of congress that helpconstituents as individuals cut through
bureucratic regulations to get what they want
The person currently in office. (Ch. 8) (the onedj didn't know)
An attempt to defeat a bill in the Senate bytalking indefinitely, thus preventing the Senate
from taking action on the bill. (Ch. 11)
committee that reviews all bills that come out ofcommittee before they enter the full house for
debate
lawmaking body made up of two chambers orparts. The U.S. Congress is a bicameral
legislature composed of the Senate and theHouse of Representatives. (Ch. 11)
Permanently established legislative committeesthat consider and are responsible for legislationwithin a certain subject area. Examples are the
House Ways and Means Committee and theSenate Judiciary Committee. See also Select
committees; Joint committees (Ch. 11)
A senator or representative who helps the partyleader stay informed about what party members
are thinking, rounds up members when importantvotes are to be taken, and attempts to keep a nosecount on how the voting on controversial issues
is likely to go. (Ch. 11)
constitutionally mandated position chosen by themajority party in the house; first in command in
the house of reps, second in the line of prezsuccession
Congressional committees appointed for alimited time and purpose. See also Standing
committees; Joint committees (Ch. 11)
committees formed from each house to reconcilethe language of a bill as it emerges from the
house and the senate
Committees on which both representatives andsenators serve. An especially important kind ofjoint committee is the conference committee,
made up of representatives and senatorsappointed to resolve differences in the Senate
and House versions of the same piece oflegislation before final passage. See also
Standing committees (Ch. 11)
a rule for choosing committee chairs that hasslowly been replaced since the 70s
postion in congress that has the most importantinfluence on the congressional agenda;
scheduling hearings, hiring staff, appointingsubcommittees and managing bills. they were
once chosen strictly based on the senioritysystem, now they are mostly determined by the
party in power
congressional monitoring of the bureaucracy andits administration of policy; performed mainly
through hearings.
Nickname given to miscellaneous, all-inclusivespending bills. Link to: pork barrel; incumbency.
The vote (requiring 60 members present) to enda filibuster.
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 inthe committee process, but those that make it
through committee and debate have the chanceto become law with presidential approval. Link
to: House Rules Committee; pigeonhole;filibuster.
Strategic redistricting performed by the majorityparty of the state legislature after the census.Gerrymandering seeks to gain a geographic
advantage for one party. Link to: safe seat; Shawv. Reno, 1993.
Name given to congressional trips (for legislativebusiness…or not) at the expense of
taxpayers or interest groups and corporations
The tradition in Congress of trading votes; alsocalled “logrolling.”
Nickname for a seat of Congress that is wellprotected by incumbency. Link to:
gerrymandering; Shaw v. Reno, 1993; US TermLimits Inc vs. Thornton.
.S. Supreme Court case striking down term limitsfor incumbents.
.S. Supreme Court case that banned racialgerrymandering.
.S. Supreme Court case that banned racialgerrymandering.
Strategic redistricting performed by the majorityparty of the state legislature after the census.Gerrymandering seeks to gain a geographic
advantage for one party. Link to: safe seat; Shawv. Reno, 1993.
Phrase describing Congress’ budgetappropriations power, one of the most powerful
methods of legislative oversight.
Phrase describing Congress’ budgetappropriations power, one of the most powerful
methods of legislative oversight.
Nickname for a seat of Congress that is wellprotected by incumbency. Link to:
gerrymandering; Shaw v. Reno, 1993; US TermLimits Inc vs. Thornton.
.S. Supreme Court case striking down term limitsfor incumbents.
Non-partisan congressional agency that providesresearch for members and staff of Congress.
Non-partisan congressional agency that performsaudits of the executive branch thereby helping
with legislative oversight. Link to: iron triangle;“power of the purse.”
Non-partisan congressional agency responsiblefor analyzing the president’s proposed budget.
Link to: OMB; Congressional Budget andImpoundment Control Act, 1974.
The events and scandal surrounding a break-in atthe Democratic National Committee
headquarters in 1972 and the subsequentcover-up of White House involvement, leadingto the eventual resignation of President Nixon
under the threat of impeachment. Link to:EVERYTHING!
The political equivalent of an indictment incriminal law, prescribed by the Constitution.
Impeachable offenses include “treason, bribery,or other high crimes and misdemeanors.”
Passed in 1951, the amendment that limitspresidents to two terms of office
An office that grew out of the Bureau of theBudget, created in 1921, consisting of a handful
of political appointee and hundreds of skilledprofessionals. The OMB performs both
managerial and budgetary functions. See alsoCongressional Budget Office.
A group of presidential advisors not mentionedin the Constitution, although every president has
had one. Today the cabinet is composed of 14secretaries and the Attorney General.
Passed in 1951, this amendment permits the vicepresident to become acting president if both the
vice president and the president’s cabinetdetermine that the president is disabled. Theamendment also outlines how a recuperated
president can reclaim the job.
A law passed in 1973 in reactions to Americanfighting in Vietnam and Cambodia, requiring
president’s to consult with Congress wheneverpossible prior to using military force and to
withdraw forces after 60 days unless Congressdeclares war or grants an extension. Most viewthe law as powerless as it currently stands. Link
to: legislative veto; INS v. Chadha, 1983.
A veto taking place when Congress adjournswithin 10 days of submitting a bill to the
president, who simply lets it die by neithersigning nor vetoing it.
The constitutional power of the president to senda bill back to Congress with reasons for rejectingit. The president must veto the entire bill even if
he dislikes a small portion of it. A two-thirdsvote in each house can override a veto.
U.S. Supreme Court case defining executiveprivilege and limiting the president’s use of it in
cases of national security.
U.S. Supreme Court case striking down thelegislative veto on account of its violation of the
separation of powers.
The ability of Congress to override a presidentialdecision. Although the War Powers Resolutionasserts this authority, there is reason to believe
that, if challenged the Supreme Court would findthis legislative veto in violation of the doctrine of
separation of powers. Link to: INS v. Chadha,1983.
U.S. Supreme Court case upholding theconstitutionality of internment camps for
Japanese Americans. Link to: Executive Order
Legislation creating the Congressional BudgetOffice and requiring congressional approval for
the president’s use of impoundment.
A presidential effort to temporarily orpermanently block the flow of funds that
Congress has already approved. Link to: Budgetand Impoundment Control Act, 1974
An excess of federal expenditures over federalrevenues
A policy document allocating burdens (taxes)and benefits (expenditures).
U.S. Supreme Court case that strikes down theline-item veto, passed by Congress only two
years earlier
Shares of individual wages and corporaterevenues collected by the government. TheSixteenth Amendment explicitly authorizedCongress to levy a tax on income. See also
Internal Revenue Service.
The financial resources of the federalgovernment. The individual income tax andSocial Security tax are two major sources of
revenue.
Federal spending of revenues. Major areas ofsuch spending are social services and the
military.
The belief that the best predictor of this year’sbudget is last year’s budget, plus a little bit more(an increment). According to Aaron Wildavsky,
“Most of the budget is a product of previousdecisions.”
All the money borrowed by the federalgovernment over the years and still outstanding.
Today the federal debt is about $5.6 trillion.
The constitutional amendment adopted in 1913that explicitly permitted Congress to levy an
income tax.
A job, promotion, or contract given for politicalreasons rather than on merit alone. One of thekey inducements among corrupt urban party
machines of the past. Link to: Pendleton CivilService Act, merit principle.
Policies for which Congress has obligated itselfto pay X-level of benefits to Y number ofrecipients. Social Security benefits are an
example.
Expenditures that are determined not by a fixedamount of money appropriated by Congress butby how many eligible beneficiaries that are for a
program or by previous obligations of thegovernment.
A federal law prohibiting government employeesfrom active participation in partisan politicsduring work hours. Link to: electioneering.
The idea that hiring should be based on entranceexams and promotion ratings to produce
administration by people with talent and skill.Link to: Pendleton Civil Service Act.
Passed in 1883, an Act that created a federal civilservice so that hiring and promotion would be
based on merit rather than on patronage. Link to:merit principle.
The stage of policymaking between theestablishment of a policy and the consequences
of the policy for the people whom it affects.Implementation involves translating the goalsand objectives of a policy into an operating,
ongoing program.
A government agency responsible for somesector of the economy, making and enforcing
rules to protect the public interest. It also judgesdisputes over these rules. Examples include the
SEC, FCC, FTC, FEC. Link to: regulation,deregulation, conservatism, liberalism,
federalism.
The authority structure of the executive branch.After Congress makes a law, the executivebureaucracy, headed by the President, is
responsible for executing/carrying out/enforcingthat law. Link to: iron triangle, merit principle,
administrative discretion.
The authority of bureaucratic administrators(“street-level bureaucrats”) to choose fromvarious responses to a given problem; to be
flexible. This power is what often leads to poorimplementation and legislative oversight.
The lifting of restrictions on business, industry,and professional activities for which governmentrules had been established and that bureaucracies
had been created to administer. Link to:conservatism, devolution, dual federalism.
The use of governmental authority to control orchange some practice in the private sector.
Regulations pervade the daily lives of people andinstitutions. Link to: cooperative federalism,
categorical grants, liberalism.
Major civil rights legislation that banneddiscrimination in education. It appears in thischapter as an example of ineffective policy
implementation; unclear goals open toinconsistent interpretation.
Major civil rights legislation that banneddiscrimination in voting. It appears in thischapter as an example of effective policyimplementation; clear, specific goals with
measurable results.
Derogatory nickname for regulations imposed bythe bureaucracy. Link to: regulation;
bureaucracy.
The jurisdiction of courts that hear cases broughtto them on appeal from lower courts. These
courts do not review the factual record, only thelegal issues involved.
The jurisdiction of the courts that hear a casefirst, usually in a trial. These are the courts thatdetermine the facts about a case. Link to: Fifth
Amendment; due process.
The requirement that plaintiffs have a seriousinterest in a case; depending on whether theyhave sustained a direct injury. Link to: writ of
certiorari; “rule of four.”
The “highest court in the land,” ensuringuniformity in interpreting national laws,
resolving conflicts among states, andmaintaining national supremacy in law. The
Supreme Court has the power to set “precedent,”that is, to make decisions that carry the force oflaw for future generations. Link to: the long andnasty list of Supreme Court cases that you willmemorize for the rest of your miserable lives.
Appellate courts empowered to review all finaldecisions of district courts, except in
rare cases. In addition, they also hear appeals toorders of many federal regulatory
agencies.
The 91 federal courts of original jurisdiction.They are the only federal courts in which trialsare held and in which juries may be impaneled.
Link to: Sixth Amendment
A presidential appointee in the Department ofJustice responsible for choosing and arguing
cases before the Supreme Court on behalf of theU.S. government.
A presidential appointee in the Department ofJustice responsible for choosing and arguing
cases before the Supreme Court on behalf of theU.S. government.
An unwritten tradition whereby nominations forstate-level federal judicial posts are
not confirmed if they are opposed by a senatorfrom the state in which the nominee
will serve.
The process of remanding decisions to the lowercourts to be enforced, and thereby
converted into actual policy. Link to: Brown v.Board of Education (II), 1955.
A view that the Constitution should beinterpreted according to the original intent of theFramers. This intent is mainly expressed in the
convention debate notes as well as the FederalistPapers. Link to: conservative; strict-construction.
How similar cases have been decided in the past.Link to: stare decisis.
A formal document from the U.S. SupremeCourt that calls up a case from the lower courts.
Link to: standing
A judicial philosophy that advocates bold policydecisions to correct social and political
problems. Link to: liberalism;loose-construction; Rehnquist Court?
A judicial philosophy in which judges playminimal policymaking roles. Link to: original
intent; conservative; strict-construction.
A nickname given to a federal judge’s record ofjudicial rulings. This becomes relevant during
the vetting process in the Senate. Link to: MiguelEstrada; filibuster.
A term describing the senatorial screeningprocess for all presidential appointees.
Minimum number of justices that must be inagreement to grant the writ of
certiorari.
Legal and constitutional protections againstgovernment infringement of political liberties
and criminal rights.
The first ten amendments to the Constitution.Link to: incorporation doctrine
From the latin for “let the decision stand” thisdoctrine holds that judicial
precedent has the force of law. Strict supportersof this doctrine don’t like to see judges “legislatefrom the bench” and steer away from establishedprecedent. Today, Supreme Court nominees are
often asked about their stance regarding thisdoctrine.
First Amendment prohibits the government fromestablishing a religion; is the basis for separation
of church and state.
Forbids “cruel unusual punishment”, although itdoes not define the phrase.
Eighth Amendment prohibits such punishment
Establishes freedom of religion, press, speech,and assembly
Prohibits government from forcing individuals totestify against themselves
Prohibits the government from includingillegally obtained evidence in a trial
Legal concept under which the Supreme Courthas “nationalized” the Bill of Rights by making
most of its provisions applicable to the statesthrough the Fourteenth Amendment
Government is prohibited in the FirstAmendment from interfering in the practice of
religion.
Prohibits states from denying equal protection ofthe laws
Government instrument to prevent material frombeing published
An actual bargain struck between the defendant’slawyer and the prosecutor to the effect that thedefendant will plead guilty to a lesser crime (or
fewer crimes) in exchange for the state’s promisenot to prosecute the defendant for more serious
(or additional) crimes
Publication of false or malicious statements thatdamage someone’s reputation.
Testifying against oneself; forced confessionA contrived right from unstated liberties in the
Bill of RightsPolice must have a good reason to arrest or
search someone
A policy designed to give special considerationto those previously discriminated against
Obtaining evidence without a good reason
Designed to protect individuals accused ofcrimes; includes the right to counsel, the right toconfront witnesses, and the right to a speedy and
public trial.
Forbids discrimination in publicaccommodations and facilities.
Extending citizenship rights to those previouslydenied them
Passed in 1990; strengthened protections ofindividuals with disabilities by requiringemployers and public facilities to make
“reasonable accommodations” and prohibitingemployment discrimination against people with
disabilities.
Provides the right to vote for African AmericansProvided by the Fourteenth Amendment
mandating that all people be protected by thelaw. Link to: incorporation doctrine
Provided by the Fourteenth Amendmentmandating that all people be protected by the
law. Link to: incorporation doctrine
Taxes levied on the right to vote designed todisenfranchise poor blacks.
Provided women with the right to voteProhibits states from denying equal protection of
the laws.