Birkland Chp 3 Terms - The Historical and Structural Contexts of Public Policy Making

  1. American Values
    • Individual Liberty
    • Sanctity of Private Property
    • Civil Rights
    • »Voting
    • »Free Speech
    • »Freedom of Associate
    • »Protesting
  2. Articles of Confederation
    The first attempt at a governing document for the United States. The states formed a very weak federal union with little power to tax or to exert power to regulate the economy or to react to rebellions.
  3. Barron v. Baltimore
    This decision held that people in the United States were both citizens of their states and of the nation and that they therefore had to seek relief under their state constitutions, not the US constitution, if they felt their rights had been violated.
  4. Block Grant
    Government funding provided to state and local governments as a block with very broad rules on how the funds are to be used; this allows the states great flexibility in using the funds, but with a loss of some control and accountability.
  5. Brown v. Board of Education
  6. Civil War amendments
    • The 13th 14th and 15th amendments.
    • 13th - banned slavery
    • 14th - provided new due process of law and equal protection guarantees for citizens of each state not just for US citizens in relation to the National government
    • 15th - vote to all men regardless of race
    • See Jim Crow Laws
  7. Commerce Clause
    • Article I Section 8 Clause 3 of the Constitution gives congress, and by extension the federal government, the power to regulate commerce with foreign nations and among the several states and with the Indian tribes.
    • Essential for the early government for nation building to establish connections physically and economically between states.
  8. Constitutional Interpretation
    Our understanding of what the constitution means. Varying schools of thought on how the constitution should be interpreted, strict constructionist - what did the framers mean at the time - to living document - how do these passages apply to today?
  9. Deliberative Government
    Government takes the time to consider aspects and affected interests in any legislation, this is possible through the separation of powers and the
  10. Devolution
    The process by which federally designed and administered programs are turned over, in whole or in part to the states to manage as they see fit, based on their needs and conditions. This is often justified by the sense that the states are more innovative and responsive that the too-large federal government.
  11. Elastic Clause
    • Gives congress all other responsibilities not listed in Article 1 Section 8, to advance the goals of the government.
    • Article I Section 38, Clause 18 - allows congress to "make all laws which shall be necessary and proper for carrying into Execution the foregoing powers and all other powers vested by this constitution in the government of the united states of in any Department or Officer thereof, which appears to give Congress expansive powers.
  12. Federalism
    • A system of government in which power is shared between a central or federal government and other governments, such as states or provinces. Key federal systems in the world include the governments of the United States, Canada, and Germany.
    • This is a feature of our constitutional system that promotes policy restraint because it makes the process slower allowing for more deliberation and consideration of the policy instead of making lots of snap decisions. Prevents sudden shifts in policy due to "passions of the time."
  13. Filibuster
    A parliamentary technique unique to the United States Senate in which one or a few speakers can take the floor and dominate discussion and debate effectively shutting down the Senate unless enough senators vote for a cloture which ends the debate (cloture requires 60 votes). This method is used to kill legislation when the side opposing the legislation lacks a legislative majority.
  14. Great Society
    The package of domestic programs advanced by President Lyndon Johnson to alleviate poverty, improve education and foster civil rights during the 1960s.
  15. Incorporation Doctrine
    The idea that the 14th amendment's due process clause incorporates all the provisions of the Constitutions Bill of Rights against the states, meaning that states cannot violate the federal standards in these matters.
  16. Industrial Revolution
    The period in Europe and the US when industry grew rapidly due to technical innovations in production; people moved to cities and worked for wages; and a series of major social and political changes occurred such as the growth of business power and the establishment of labor unions.
  17. Jim Crow Laws
    • Primary enforced in the south, after the Plessy v. Ferguson SCOTUS case, that discriminated against African Americans with regard to housing, jobs, use of public accomidations and other civil rights. Some laws were directly discriminatory, while others encouraged racial discrimination in private establishments such as restaurants and hotels.
    • States were free to engage in such behavior after the election of Rutherford B Hayes who ened reconstruction and with it any concerted effort by the federal government to protect/enforce civil rights laws.
  18. Laissez-faire Economics
    A system of economic regulation in which government leaves business totally or almost tottally unfettered. This term has negative connotations referring as it does to the freewheeling and sometimes abusive business practices of the late 19th century.
  19. Lochner v. New York
    Supreme Court case that held that state work hour laws were unconstitutional restraints on the right of workers to enter into labor contracts with their employers. The court relied on a concept called substantive due process. This decision made regulation of wages and hours very difficult for the federal government and states. The decision was overturned in 1937.
  20. National Security
    The collection of policies practices and ideas that seek to protect the United States from foreign military or terrorist threats.
  21. New Deal
    The program of policy changes and reforms associated with President Franklin D. Roosevelt's administration that intended to alleviate the Great Depression.
  22. New Federalism
    Under Nixon administration pursued a policy of New Federalism in which discretion was returned to the states, and federal block grant programs were developed to replace the highly descriptive top-down policies that characterized the Great Society programs.
  23. Plessy v. Ferguson
    The Supreme Court case that made it constitutional to create "separate but equal" accomidations for blacks and whites; this decision was the underpinning for the racist Jim Crow laws enforced primarily in the south.
  24. Political Power
    Derives from the consent of the governed. The people are sovereign.
  25. Policy Restraint
    • The idea that policy making should be deliberative. Four eras:
    • Period of divided power
    • Era of state activism
    • Era of national activism
    • Era of national standards
  26. Separation of Powers
    • The constitutional division of powers between the legislative, executive, and judicial branches of the government.
    • This is a feature of our constitutional system that promotes policy restraint because it makes the process slower allowing for more deliberation and consideration of the policy instead of making lots of snap decisions. Prevents sudden shifts in policy due to "passions of the time."
  27. Shay's Rebellion
    • The name for the uprising of poor farmers in Massachusetts who challenged civil authority in the face of growing debt, taxes, and the threat of going to debtor's prison. The uprising was one of the reasons for calling the Constitutional Convention in 1787.
    • Later influenced provisions in the constitution to protect personal property and the political standing of the moneyed class against popular uprisings. "Structural impediments to radical policy"
Card Set
Birkland Chp 3 Terms - The Historical and Structural Contexts of Public Policy Making
Public Policy