-
habeas corpus
- "produce the body"
- requires government officials to present a prisoner in court and to explain to the judge why the person is being held
-
ex post facto laws
- "after the fact"
- charged for committing a crime that wasn't a crime when the person committed the action
-
bills of attainder
punishes an individual without judicial trial
-
14th amendment
- "privileges and immunities"- constitution protects all citizens
- due process- prohibits abuse of life, liberty, or property of any citizen, state rights were subordinate to Fed rights
- equal protection clause- constitution applies to all citizens equally
-
Judicial Review
- marbury v madison
- the power of the supreme court to judge the constitutionality of a law
-
legislative action
- civil rights act of 1964
- sometimes laws can guarantee rights
-
establishment clause
prohibits gov from establishing an official church
-
free exercise clause
allows people to worship as they please
-
Restrictions to free speech
- threat to national security
- libel- false written statement attacking one's character with intent to harm
- obscenity
- symbolic speech- action to convey a message
-
Cases involving right to privacy
- griswold v connecticut
- roe v wade
-
due process
- 5th and 14th amendment
- forbids national and state gov to "deny any person life, liberty, or property without due process of law"
- procedural- fair trial
- substantive- fundamental fairness
-
search and seizure
- 4th amendment
- freedom from unreasonable search and seizure
- prevent police abuse
- mapp v ohio
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self incrimination
- 5th amendment
- no one "shall be compelled to be a witness against himself"
- miranda v arizona
-
federalism
- two or more governments exercise power and authority over the same people in the same territory
- relationship between federal and state governments
-
federalist #51
- defends the constitution
- explains why a strong gov is necessary
- defends separation of powers between state and national gov
-
delegated (enumerated) powers
powers given to fed gov by constitution
-
reserved powers
state power alone
-
-
prohibited powers
denied from both
-
elastic clause
- "necessary and proper clause"
- congress has power to make necessary laws
- because it is impossible to predict all the powers congress will need
-
mcculloch v maryland
- bank of US in maryland, maryland didnt want the competition, maryland taxed the bank to put it out of business, mcculloch, BoUS employee, refused to pay state tax
- declared a bank of the US constitutional
- state cannot tax federal gov
-
commerce clause
- regulate commerce with foreign nations, and among the several states, and wish the indian tribes
- stretched with elastic clause
-
commerce
buying and selling of goods and services
-
gibbons v ogden
- steamboat case
- nation overruled state in interstate trade issues
-
Gonzalez v raich
federal government can trump state laws permitting medicinal marijuana
-
dual federalism
- layer cake
- federal and state governments remain dominant in their separate spheres of influence
-
cooperative federalism
- marble cake
- state and federal governments work together to solve complex problems
-
-
grants-in-aid
money paid from one level of gov to another to be spent for a specific surpose
-
categorical grants
- target specific purposes and "strings attached"
- ie- state receive funds if they raised age to 31 and lower BAC to .08
-
mandates
requirement that a state undertake an activity or proved a service
-
devolution
return of power to the state gov
-
reasons federalism is good
- built on compromise, promotes unity
- gov duties can be split up
- brings gov closer to people
- allows state gov to address issues in unique regions of the country
- allows states to experiment with policy
-
reasons federalism is bad
- states can impede progress of nation
- states are unequal
- states have different policy
- easier for states to be dominated by interest group
-
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women's suffrage
19th amendement
-
18-21 year olds suffrage
26th amendment
-
reasons for low voter turnout
- absentee voting
- high number of offices to elect
- weekend/non holiday voting
-
political socialization
factors that influence a person's opinion
-
political ideology
coherent set of values and beliefs about public policy
-
exit polls
polling after voting
-
FCC (federal communications commission)
- controls the media
- no one may operate radio/tv stations without their license
-
white house press corp
journalists whose sole job is to follow the president
-
white house press secretary
responsibly for addressing the press daily and answer questions for the president
-
machiavelli
- synonymous with tough and dirty politics
- "the ends justify the means"
- "it is better to be feared than loved"
-
a neutral view of politics (Harold D Lasswell)
who gets what, when, and how (and where)
-
Social contract theory
- "the only valid government is one based on the consent of the governed" (Locke)
- rulers and citizens enter into an agreement, or a social contract
-
power
ability of one person to cause another person to act in accordance
-
authority
right to use power
-
legitimacy
what makes the law or leader a source of "right"
-
principles necessary for a democracy to exist
- 1. universal suffrage (everyone can vote)
- 2. political equality (all votes counted equally)
- 3. majority rule
- 4. gov responds to public opinion
-
direct democracy
citizens create/vote on laws
-
representative democracy (republic)
- citizens elect reps
- gov mediates popular views
-
Majoritarian theory
leaders are forced to follow the wishes of the people because majority rules
-
pluralist theory
- groups compete and compromise with each other to get the gov to do what they want
- must COMPROMiSE
- most popular theory today
-
elite (Marxist) theory
groups or people who possess the most power (money or influence) dominate gov
-
bureaucratic theory
appointed officials dominate the gov through unelected jobs
-
national convention
meets every 4 years, nominates president
-
national committee
manages party affairs on daily basis
-
congressional campaign committee
supports party's candidates
-
national chair
manages daily work
-
4 functions of parties
- 1. connect citizens to gov (linkage institution)
- 2. run candidates for political office
- 3. inform the public- help voters decide who to vote for in elections
- 4. organizing government- coordinate gov policy-making
-
grass roots
parties can reach out to voters personally and "get out the vote" on a local level
-
dealignment
weak membership, more independents or moderates
-
strait ticket voting
- strong party membership
- support all candidates for one party
-
ticket splitting
voting for candidates from multiple parties
-
winner-take-all
- the person with the most votes wins
- dont need over 50%
-
unitary system
- british colonial rule
- all power flows from one central gov
-
confederate system
- articles of confederation
- power concentrated in political subunits (states) with a weak central gov (typically unite for a common goal)
-
federal system
- constitution
- powers are divided and/or shared between state and central governments
- current gov designed by framers
-
articles of confederation
- weak central gov
- no central law
- no control of taxation, commerce between states or with foreign nations, money system
- no executive
- individual and state liberties not threatened
- unicameral congress with one vote per state
- gov has no control
-
constitutional convention
- revise the articles of confederation
- Virginia plan & new jersey plan
-
virginia plan
- favored large states
- strong central gov
- bicameral legislature
-
new jersey plan
- strong central gov
- unicameral congress
- states have equal votes
-
great compromise
- bicameral legislature
- senate- 2 members from each state
-
three-fifths compromise
allow the south to count 3/5 the population in each state to balance the power of north and south
-
popular socereignty
- power to govern belongs to the people
- gov based on the consent of the governed
-
separation of powers
division of gov between branches: executive, judicial, legislative
-
checks and balances
branches have some authority over the others
-
limited government
- gov is not all-powerful
- only does what citizens allow
-
federalism
division of power between central gov and individual states
-
-
-
judiciary
- interprets law
- supreme court
-
amending the consitution
amendment proposed by 2/3 vote in each house of congress and ratified in at least 3/4 of state legislatures
-
federalist v anti-federalist
- federalist- in favor of adoption of US constitution creating a federal union and strong central gov
- anti-federalist- opposed to ratification in 1787, opposed to strong central gov
-
interest groups
- want to pass policy but dont run their own candidates for office
- can access/influence many points and levels of gov
-
linkage institution
- links people and gov
- gives voice to the people
-
economic interest group
labor unions, agricultural, business, profesisonal
-
consumer interest group
public interest, environmental
-
equality and justice interest groups
racial issues, gender issues, minority issues
-
lobby (buttonholing)
- influence gov policy
- call/email officials, meet and socialize, go to lunch, testify at committee hearings, ask for political favors
-
litigation
favorable lawmaking
-
congress
- strongest branch
- separation of lawmaking power from executive
- bicameralism balances large & small states
-
House
- 435 members
- 2 year term
- 7 year citizen
- initiate impeachment
- revenue bills
- strict debate rules
-
senate
- 100 members
- 6 year term
- 9 year citizen
- tries impeachment
- approve presidential appointments
- approve treaties
- loose debate rules
-
oversight of budget
congress can restrict the fed budget prepared by the executive branch
-
appropriations
congress makes set amount of money available for various activity in a fiscal year
-
house leadership
- 1. speaker of the house
- 2. majority leader
- 3. majority whip
-
senate leadership
- 1. pres of the senate (vice president)
- 2. pres pro tempore
- 3. majority leader (most powerful)
- 4. majority whip
-
house- speaker of the house
- allows people to speak on the floor
- assigns bills to committees
- influences which bills are brought to a vote
- appoints members of special and select committees
-
senate- majority leader
- schedules senate business
- prioritizes bills
-
malapportionment
unequal population in districts
-
gerrymandering
redrawing district boundaries in strange ways to make it easy for candidate of one party to win
-
5 steps to make a bill a law
- 1. introduce bill
- 2. committee
- 3. rules committee
- 4. floor debate
- 5. voting
-
pocket veto
- president has 10 days to act on a piece of legislation
- if he receives the bill within 10 days of the end of the congressional session, and doesnt sign it, it dies
-
committees and subcommittees
where bills are passed, changed, ignored, or killed
-
standing committee
- handle bills in different policy areas
- most important
- have been "standing" (existing) for a long time
-
select committee
- formed for specific purposes and usually temporary
- run investigations
-
joint committee
- consist of both house and senate members
- similar in purpose to select committee
- meant to draw attention to issues
-
conference committee
- consist of both house reps and senators
- formed to hammer out differences between house and senate versions of similar bills
-
pork/"pork-barrel legislation"
"earmarks"- bills to benefit constituents in hope of gaining their votes
-
logrolling
congress members exchange botes
-
4 constitutional powers of the president
- 1. military power
- 2. diplomatic power
- 3. appointment power
- 4. veto power
-
military power (executive)
- commander in chief (civilian control)
- send armed forces abroad
-
war powers resolution 1973
- pres must report to congress within 48 hours after deploying troops
- if congress does not OK in 60 days, must withdraw
- check on president, attempt to limit pres
-
diplomatic power (executive)
- create treaties
- executive agreement
- diplomatic recognition
-
appointment power (executive)
- appoint ambassadors, public officers, and supreme court judges with senate approval
- civil service- most gov jobs under executive filled based on merit system
-
veto power (executive)
- return the bill to house it originated in
- no action in 10 days= bill becomes law
-
impoundment
presidential practice of refusing to spend money appropriated by congress
-
line-item veto
veto certain parts of a bill, but not other parts
-
divided government
pres and congress majority represent different political parties
-
vice president
- preside over the senate, tie breaking vote
- takes over presidency if the president cannot finish the term
-
national security council
advises on military and foreign policy
-
office of management and budget
- prepares national budget
- largest office
-
national economic council
advises with economic planning
-
impeachment
house impeaches, senate tries the pres, chief justice presides over the trial
-
bureaucracy
large, complex organization of appointed, not elected, officials
-
task specialization
individuals have unique jobs, division of labor
-
extensive rules
clear policies for the organization to follow
-
discretionary action
bureaucrats have the power to execute laws and policies passed down by the pres or congress
-
implementation
develop procedures and rules for reaching the goal of a new policy
-
regulation
check private business activity
-
iron triangles
- three-way alliance among legislators, bureaucrats, and interest groups to make or preserve policies that benefit their respective interests
- legislators get funding from interest groups and make laws reality with the help of the bureaucracy
- interest groups provide valued info to bureaucrats and money to legislators
- bureau chiefs implement legislator policy and interest group goals
-
patronage
rewarding supporters with jobs
-
spoils system
- created by andrew jackson
- each pres turned over the bureaucracy
-
pendleton act
created in response to criticism of patronage, more jobs will be selected based on merit
-
hatch act
agency employees cant participate in political activities
-
marbury v madison
allows courts to rule on the constitutionality of laws, giving the court the power to strike down or reinforce policy
-
majority opinion
justices in the majority must draft an opinion setting out the reasons for their decision
-
concurring opinion
justices who agree for other reasons can give their opinion
-
dissenting opinion
justices who disagree with the opinion write their side
-
senatorial courtesy
seek approval from local senators over locally appointed judges
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