the power of the courts to declare laws unconstitutional. judicial review
TRANSCRIPT
The power of the courts to declare laws unconstitutional.
Judicial Review
Those who favor a weaker national government. (And
stronger state governments).
Anti-federalists
A group with a distinct political interest.
Factions
Power given to the state governments alone.
e.g. -- the power to issue licenses, regulate commerce wholly within the state, etc.
Reserve Powers
Those who favor a stronger national government.
Federalists
Constitutional authority is shared by three different branches of government.
Separation of Powers
A weak constitution that governed America during the
Revolutionary War.
"league of friendship"
ratified in 1781.
Articles of Confederation
Proposal at the Constitutional Convention to have equal state
representation
New Jersey Plan
Government authority shared by national and state government
with the goal of protecting personal liberty.
Federalism
Compromise between the Virginia Plan and the New Jersey Plan:
**A popularly elected House of Representatives based on state
population.
**A state-selected Senate, with two members for each state.
Great Compromise
A meeting in Philadelphia in 1787 that produced a new
constitution.
Constitutional Convention
Powers shared by the national and state government.
e.g.-- Collecting taxes, building roads, having courts, etc.
Concurrent Powers
Powers given to the national government alone.
e.g.-- the authority to print money, declare war, make
treaties, etc.Enumerated, Delegated or Expressed Powers (formal
powers)
A proposal at the convention that would create three separate
branches with a legislative branch with at least one house
of the legislature elected directly by the people.
The Virginia Plan
Authority shared (and checked) by three branches of
government.
Checks and Balances
A 1786-1787 rebellion in which ex-Revolutionary War soldiers
attempted to prevent foreclosures of farms as a result of high interest rates and taxes.
Shay’ Rebellion
First 10 amendments to the Constitution.
Bill of Rights
A law that declares a person, without a trial, to be guilty.
Bill of Attainder
A law that makes and act criminal although the act was legal when it was committed.
Ex Post Facto Law
An order to produce an arrested person before a judge.
Habeas Corpus
Could not levy taxes or regulate commerce
Sovereignty, independence retained by states
One vote in Congress for each state
Nine of thirteen votes in Congress required for any measure
Delegates to Congress picked, paid for by state legislatures
Little money coined by Congress.
Weaknesses of the Articles of Confederation
Name That Amendment
All Males (races) can vote
15th
All Women can vote19
All 18 year olds can vote
26
Prohibits a Poll Tax
24
State can not deny you due process or equal protection of
the law
14th
Washington DC receive three electoral votes
23
Procedure enabling voters to reject a measure passed by
legislature. About 1/2 the states permit this procedure.
Referendum
The effort to transfer responsibility for many public
programs and services from the federal government to the
states.
Devolution
Money from the national government that states can
spend within broad guidelines determined by Washington. (a
part of devolution)
Block Grants
Section of the Constitution allowing Congress to pass all laws "necessary
and proper" to its duties, and which has permitted Congress to exercise powers not specifically given to it (enumerated)
by the Constitution.
Elastic Clause or Necessary & Proper Clause
Doctrine holding that the national government is supreme
in its sphere, that states are supreme in theirs, and the two
spheres should be kept separate. (Layered Cake)
Dual Federalism
Process that permits voters to put legislative measures directly on the ballot, by getting enough
signature on a petition.
Initiative
Terms set by the national government that states must
meet whether or not they accept federal grants. Most concern civil
rights and environmental protection.
Mandates
Federal grants for specific purposes, such as building and airport. Often require local matching funds.
Categorical Grants
A citizen's capacity to understand and influence
political events.
Political Efficacy
First amendment ban on laws "respecting an establishment of
religion.”
Establishment Clause
First Amendment requirement that law cannot prevent free
exercise of religion.
Free Exercise Clause
(many things that might be safely said in peacetime may be
punished in wartime.) For example, fire in a theater.
Clear-and-Present Danger Test
It involves a state trying to tax the Bank of the United States. Using the
Elastic clause this case expanded federal power.
McCulloch V. Maryland
When the Rule of Four asks for a case from the lower court to be sent up for
reviewWrit of Certiorari
Latin for “to stand by things decided” When the court uphold precedent.
Stare Decisis
A friend of the court brief that interest group will submit to the court to try to
influence their opinion.Amicus Curiae
Reviews cases decided against the United States and determines whether the government will seek review in the
Supreme Court.Solicitor General
Court cases that apply Bill of Rights to states.
Selective Incorporation
The clause in the 14th amendment that deals with
criminal rights.
Due Process Clause
The clause in the 14th amendment that deals with civil
rights.
Equal Protection Clause
The Court held that criminal suspects must be informed of their right to
consult with an attorney and of their right to remain silent prior to
questioning by police, because of the due process clause in the 14th
Amendment Miranda v. Arizona
Supreme Court decided that reapportionment issues (attempts to change the way voting districts are
delineated) present questions appropriate for judicial resolution,
thus enabling federal courts to intervene in and to decide
reapportionment cases.Baker v. Carr
Decided that evidence obtained in violation of the Fourth
Amendment protection against "unreasonable searches and seizures"
may not be used in criminal prosecutions in state courts, as well as federal courts Related to the Due Process clause of the
14th Amendment 1961
Mapp v. Ohio
Supreme Court unanimously ruled that state courts are required by the 6th and 14th Amendments (both due process and equal protection) of the
Constitution to provide lawyers in criminal cases for defendants unable
to afford their own attorneys Gideon v. Wainwright
Improperly gathered evidence may not be introduced in a
criminal trial.
Exclusionary Rule
An act that conveys a political message.
Symbolic Speech
Censorship of a publication.
Prior Restraint
Supreme Court says the First Amendment applies to states
1925.
Gitlow v. New York
Established Judicial Review.
Marbury v. Madison
A Supreme Court decision upholding state-enforced racial
segregation 1896.
Plessy v. Ferguson
A Supreme Court decision that overturned Plessy v. Ferguson.
Brown v. Board of Education of Topeka, Kansas
Landmark case in which the Court first found a "right to privacy" in the Constitution.
Griswold v. Connecticut
A ruling that declared all state laws prohibiting abortion
unconstitutional 1973.
Roe v. Wade
Designing remedies for overcoming racism and sexism by taking race and gender into
account.
Affirmative Action
Main points: employment and public accommodations
Broad in scope, strong enforcement mechanisms
Effects: dramatic rise in African American voting & mood of Congress
shifted to pro-civil rights.
1964 Civil Rights Act
How people think or feel about particular things. - Not easy to measure.
Public Opinion
A survey of public opinion.
Poll
Method of selecting from a population in which each person has an equal probability of being
selected.
Random Sample
The difference between the result of random samples taken
at the same time.
Sampling Error
Polls based on interviews conducted on Election Day with
randomly selected voters.
Exit Polls
the process by which personal and other background traits influence one’s views about
politics and government.
Political Socialization
This reflects attitudinal differences between men and women about the
size of government, gun control, social programs, and gay rights
Gender Gap
A more or less consistent set of beliefs about what policies
government ought to pursue.
Political Ideology
Requirement that voters be able to read; formerly used in the
South to disenfranchise African Americans.
Literacy Test
Requirement that for an individual to automatically qualify to vote, his or her
grandparents had to have voted (excluded former slaves and
their descendants).
Grandfather Clause
630,000 new voters in two months
Accounted for almost 40% of applications in 2001-2002
Scant evidence of impact on turnout or election outcomes.
Motor Voter Act of 1993
Requires the President to notify Congress within 48 hours of committing Troop & Congress can request the withdrawal after 60 daysWar Power Resolution (Act) 1973
WHAT EVASIVE STRATEGIES DID SOUTHERN STATES USE TO PREVENT AFRICAN AMERICANS FROM VOTING?
Literacy test Poll tax White primaries Grandfather clauses Intimidation of African American voters.
They seek to elect candidates to public office.
Political Parties
When a shift occurs in the popular coalition supporting one
or both parties.
Critical or Realignment Period
A meeting of party delegates held every four years.
National Convention
An electoral system in which the winner is that person who gets the most votes, even if they do not receive a majority; used in almost all American elections.
Plurality System
Voting for candidates of different parties for various offices in the
same election.
Split Ticket Voting
Voting for candidates who are all of the same party.
Straight Ticket
An electoral system with two dominant parties that compete
in national elections.
Two-Party System
A group legally able to solicit campaign contributions from
individuals within an organization and, under certain restrictions, to funnel these to
candidates for office
PAC’s
An election intended to select a party's candidates for elective
office
Primary Election
A meeting of voters to help choose a candidate for office.
Caucus
An election used to fill an elective office.
General Election
A primary election in which voters must first declare to which party they belong.
Closed Primary
A primary in which voters can vote for the candidates of either
the Democratic or the Republican party
Blanket Primary
Organizations that, under an IRS code, raise and spend money to
advance political causes.
527’s
The person currently in office
Incumbent
The result of having districts of very unequal size.
Malapportionment
Drawing a district in some bizarre or unusual manner in order to create an electoral
advantage
Gerrymandering
Public money can be used only for these types of campaign
Presidential
What groups are loyal to the Democrats?
1. African Americans most loyal2. Jews slipping somewhat
3. Hispanics somewhat mixed4. Catholics, southerners,
unionists departing the coalition lately
Loyal Groups to the Republican party
1. Party of business and professional people
2. Very loyal, defecting only in 1964
3. Usually wins vote of poor because of retired, elderly voters
The government agency charged with regulating the electronic media
FCC
A principle that formerly obliged broadcasters to present both sides of
an issueFairness Doctrine
An obligation for broadcasters to give all candidates equal access to the
media
Equal Time Rule
information sent out to the media in order to observe the reaction of an
audience. Trail Balloon
How can Congress Check the President on Foreign Policy
Approve treatiesApprove ambassadors
Declare War
List the Foreign Policy Powers of the President
Commander in Chief of the military (commit troops)
Negotiate TreatiesNominate Ambassadors
How can the President go around the formal checks when
it comes to foreign policy?
Executive Agreements
An order from the House Rules Committee that sets a time limit on debate and forbids a particular bill from being amended on the floor.
Closed Rule
A rule used by the Senate, providing to end or limit debate.
Cloture
A joint committee appointed to resolve differences in House and Senate versions of the same bill.
Conference Committee
A device by which any member of the House, after a committee has had a bill for thirty days, may petition to have it
brought to the floor.
Discharge Petition
An attempt to defeat a bill in the Senate by talking indefinitely, thus preventing the Senate from taking
action on the bill.
Filibuster
A vote in which a majority of Democratic legislators oppose a
majority of Republican legislators.
Party Polarization
Legislation that gives tangible benefits to constituents in several districts or states in the hopes of winning their
votes in return
Pork barrel legislation
Permanently established legislative committees that consider and are responsible for legislation within a
certain subject area.
Standing Committee
What are some incumbency advantages?
Media coverage is higher for incumbents.
Incumbents have greater name recognition due to franking, travel to
the district, news coverage.Members secure policies and
programs for voters.
The group that decides what business comes up for a vote & what the limitations on debate should be
House Rules Committee
Unrelated amendments added to a bill.
Rider
The system under which committee chairs are awarded to members who
have the longest continuous service on the committee
Seniority
The ability of members of Congress to mail letters to their constituents free
of charge
Franking Privilege
Structures of authority organized around expertise and
specialization.
Bureaucracy
A theory that no one interest group consistently holds political
power.
Pluralist Theory
• An independent expenditure, in elections in the United States, is a political campaign communication that expressly advocates the election or defeat of a clearly identified candidate that is not made in cooperation, consultation or concert with or at the request or suggestion of a candidate, candidate's authorized ...= 527’s
• Citizens United (court case) opened up that Corporations can give unlimited amounts of money to groups.
THE CONSTITUTION• Designed to protect property rights and
provide control• British desire to manage F&I war debt leads
America from being allies in 1763 to enemy in 1776
• Articles of Confederation to weak so need something else (Shay’s proves it)
• The Compromises of 1787 and the Articles• Federalists vs. Anti-Federalists• Marbury and Article III
UNIT II- CIVIL RIGHTS AND CIVIL LIBERTIES
• Civil Liberties are derived from the Bill of Rights and place restrictions on what the Government can do.
• Civil Rights come from the Civil War amendments (13, 14 and 15) and provide protections for citizens.
• Doctrine of Selective Incorporation• First Amendment (5 parts: RSPAP)
UNIT III – THE BRANCHES• Congress: Article 1- Section 8• Congress: Rules and Qualifications• Committees: Standing (permanent); Joint
(both houses); Conference (bill reconciliation); Select (temporary)
• Agency oversight and review• Majority Party; Speaker; Rules committee• Pork and Log Rolling / Trustee & Delegate
• THE EXECUTIVE BRANCH – ARTICLE II– Requirements– Powers and limitations– Treaties vs. Executive Agreements– OMB– Agency heads and the power of appointment– Global leader and coalition builder
• Executive Privilege (“Nixon”)• Inherent Powers (“Lincoln”)• Power of the Media (“Bully Pulpit”)• Enemy Combatant (“Bush”)
• THE JUDICIARY: ARTICLE III– Three tier system– Supreme Court sets its own docket– Jurisdiction can be limited by Congress– Original vs. Appellate Jurisdiction– Key Terms: Rule of 4; Certiorari; Precedent; Stare
Decisis; Amicus Curie; Solicitor General;
–Majority Opinion ; Concurring Opinion– Judicial Activism– Judicial Restraint
• INTEREST GROUPS– Purpose is to gain access and input– Lobbyist is a representative hired by an interest
group to push their particular agenda– 3 Big economic interest groups are trade
associations (ABA); Labor (UAW); Farmers– Largest today are Gun Lobby (nra) and Abortion
Groups– Key input is on specialized knowledge and
technical expertise– Growth of PACs and 527’s have changed political
campaigning forever.
• POLICY (social welfare)– Public policy requires issue recognition; agenda to
solve; and money– Great Depression– Social Security Act is pay as you go (age, disability,
and unemployment insurance)– Gov’t has now expanded into food providing and
education and E.I.C. to replace welfare–Medicare & Medicaid–Means Test / Non Means Test– Entitlement vs. Discretionary Spending
• Policy (economic)–Monetary Policy (Federal Reserve Bank) – raising
and lowering the interest rate
– Fiscal Policy – taxing and spending. President creates the budget (OMB) and congress appropriates the funding.
• Policy (foreign)–Washington’s Farewell Address– Presidential Doctrines (Monroe; Roosevelt;
Truman; Nixon; Carter; Reagan; Bush– Tariffs (nationalism) vs. Globalization– Bretton-Woods Agreement (1945)• IMF; World Bank; Dollar replaces gold • Internationalism/Multilateralism
• NATO; First Strike Capability; SALT TREATIES • ANTI-BALLISTIC TREATY • STAR WARS (Reagan)• WAR POWERS ACT (“Consequence of Vietnam”)