Intro to American Politics Midterm

autocracy

A form of government in which a single individual-a monarch or dictator-rules

oligarchy

A form of government in which a small group-landowners, military officers, or wealthy merchants-corntrols most of the government decisions

democracy

A system of rule that permits citizens to play a significant part in the governmental process, usually through the election of key public officials

constitutional government

A system of rule in which formal and effective limits are placed on the powers of the government

authoritarian government

A system of rule in which the government recognizes no formal limits but may, nevertheless, be restrained by the power of other social institutions

totalitarian government

A system of rule in which the government recognizes no formal limits on its power and seeks to absorb or eliminate other social institutions that might challenge it

coercion

Forcing a person to do something by threats or pressure

free riding

Enjoying the benefits of some good or action while letting others bear the costs

public good

A good that (1) may be enjoyed by anyone if it is provided and (2) may not be denied to anyone once it has been provided

politics

The conflicts and struggles over the leadership, structure, and policies of government

institutions

the rules and procedures that guide political behavior

nation-state

A political entity consisting of a people with some common cultural experience (nation), who also share a common political authority (state), recognized by other sovereignties (nation-states)

representative democracy

A system of government that provides the populace with the opportunity to make the government responsive to its views through the selection of representatives who, in turn, play a significant role in governmental decision making

principal-agent relationship

The relationship between a principal and his or her agent; this relationship may be affected by the fact that each is motivated by self-interest

Articles of Confederation

America's first written constitution. Adopted by the Continental Congress in 1777, the Articles of Confederation and Perpetual Union was the formal basis for America's national government until 1789, when it was superseded by the Constitution

Virginia Plan

A framework for the Constitution, introduced by Edmund Randolph, which called for representation in the national legislature based on the population of each state

New Jersey Plan

A framework for the Constitution, introduced by William Paterson, which called for equal representation in the national legislature regardless of a state's population

Great Compromise

Agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population, but linked representation in the House of Representatives to population

Three-fifths Compromise

Agreement reached at the Constitutional Convention of 1787 that stipulated that for purposes of the appointment of congressional seats, every slave would be counted as three-fifths of a person

bicameralism

Division of a legislative body into two houses, chambers, or branches

expressed power

The notion that the Constitution grants to the federal government only those powers specifically named in its text

necessary and proper clause

Article 1, Section 8, of the Constitution, which enumerates the powers of Congress with the authority to make all laws "necessary and proper" to carry them out; also referred to as the "elastic clause

judicial review

Power of the courts to declare actions of the legislative and executive branches invalid or unconstitutional. The Supreme Court asserted this power in Marbury v. Madison

supremacy clause

Article VI of the Constitution, which states that all laws passed by the national government and all treaties are the supreme laws of the land and superior to all laws adopted by any state or any subdivision

separation of powers

The division of governmental power among several institutions that must cooperate in decision making

federalism

System of government in which power is divided by a constitution between a central government and regional governments

Bill of Rights

The first ten amendments to the US Constitution, ratified in 1791. They ensure certain rights and liberties to the people

checks and balances

Mechanisms through which each branch of government is able to participate in and influence the activities of the other branches. Major examples include the presidential veto power over congressional legislation, the power of the Senate to approve presiden

Federalists

Those who favored a strong national government and supported the constitution proposed at the American Constitutional Convention of 1787

Antifederalists

Those who favored strong state governments and a weak national government and who were opponents of the constitution proposed at the American Constitutional Convention of 1787

implied powers

Powers derived from the necessary and proper clause of Article 1, Section 8, of the Constitution. Such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers

reserved powers

Powers, derived from the Tenth Amendment of the Constitution, that are not specifically delegated to the national government or denies to the states

police power

Power reserved to the state to regulate the health, safety, and morals of its citizens

concurrent powers

Authority possessed by both state and national governments, such as the power to levy taxes

full faith and credit clause

Article IV, Section 1, of the Constitution provides that each state must accord the same respect to the laws and judicial decisions of other states that it accords to its own

privileges and immunities clause

Provision from Article IV, Section 2, of the Constitution that a state cannot discriminate against someone from another state or give its own residents special privileges

home rule

Power delegated by the state to a local unit of government to manage its own affairs

dual federalism

The system of government that prevailed in the United States from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments, with the states exercising the most important powers

commerce clause

Article 1, Section 8, of the Constitution delegates to Congress the power "to regulate commerce with Foreign nations, and among the several States and with the Indian tribes...." The Supreme Court interpreted this clause in favor of national power over th

cooperative federalism

A type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals. Also known as intergovernmental cooperation

grant-in-aid

A general term for funds given by Congress to state and local governments

categorical grants-in-aid

A grant by Congress to states and localities, given with the condition that expenditures be limited to a problem or group specified by the national government

project grants

A grant program in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis

formula grants

A grant-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive

regulated federalism

A form of federalism in which Congress imposes legislation on the states and localities requiring them to meet national standards

unfunded mandates

Regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government

block grants

A federal grant-in-aid that allows states considerable discretion in how the funds should be spent

devolution

A policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the states

states' rights

The principle that states should oppose increasing authority of the national government. This view was most popular before the Civil War

state sovereign immunity

A legal doctrine that holds that states cannot be sued for violating an act of Congress

legislative supremacy

The preeminence of Congress among the three branches of government, as established by the Constitution

divided government

The condition in American government wherein one party controls the presidency while the opposing party controls one or both houses of Congress

executive privilege

The claim that confidential communications between a president and close advisers should not be revealed without the consent of the president

civil liberties

Areas of personal freedom with which governments are constrained from interfering

civil rights

Legal or moral claims that citizens are entitled to make on the government to protect them from the legal actions of other citizens and government agencies

strict scrutiny

Higher standards of judicial protection for speech cases and other civil liberties and civil rights cases, in which the burden of proof shifts from the complainant to the government

exclusionary rule

The ability of the court to exclude evidence obtained in violation of the Fourth Amendment

Miranda rule

Principles developed by the Supreme Court in Miranda v. Arizona (1966) requiring those under arrest be informed of their legal rights, including right to counsel, prior to police interrogation

establishment clause

The First Amendment clause that says, "Congress shall make no law respecting an establishment of religion." This clause means that a wall of separation exists between church and state

Lemon test

Rule articulated in Lemon v. Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, does not lead to "excessive entanglement" with religion, and neither promotes not inhibits the practice of reli

speech plus

Speech accompanied by activities such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by cons

prior restraint

An effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances

libel

A written statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory

slander

An oral statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory

fighting words

Speech that explicitly incited damaging conduct

due process

To proceed according to law and with adequate protection for individual rights

grand jury

A jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused's guilt or innocence

eminent domain

The right of the government to take private property for public use, with reasonable compensation awarded for the property

right to privacy

The right to be let alone, which has ben interpreted by the Supreme Court to entail free access to birth control and abortions

equal protection clause

A clause in the Fourteenth Amendment that states provide citizens "equal protection of the laws

separate but equal" rule

Doctrine that public accommodations could be segregated by race but still be equal

de jure segregation

Racial segregation that is a direct result of law or official policy

de facto segregation

Racial segregation that is not a direct result of law or government policy but is, instead, a reflection of residential patterns, income distributions, or other social factors

intermediate scrutiny

The test used by the Supreme Court in gender discrimination cases. Intermediate scrutiny places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

constituency

Members of the district from which an official is elected

delegate

A representative who votes according to the preferences of his or her constituency

trustee

A representative who votes based on what he or she thinks is best for his or her constituency

agency representation

The type of representation by which representatives are held accountable to their constituents if they fail to represent them properly

incumbency

Holding a political office for which one is running

casework

An effort by members of Congress to gain the trust and support of constituents by providing them with personal service. One important type of casework consists of helping constituents obtain favorable treatment from the federal bureaucracy

patronage

The resources available to higher officials, usually opportunities to make partisan appointments to offices and to confer grants, licenses, or special favors to supporters

pork-barrel legislation

Appropriations made by legislative bodies for local projects that are often not needed but that are created so that local representatives can win reelection in their home district

gerrymandering

Apportionment of voters in districts in such a way as to give an unfair advantage to one political party

party caucus/party conference

A normally closed meeting of a political or legislative group to select candidates, plan strategy, or make decisions regarding legislative matters

Speaker of the House

The chief presiding officer of the House of Representatives, elected at the beginning of every Congress on a straight party vote, speaker is the most important party and House leader, and can influence the legislative agenda, the fate of individual pieces

majority leader

The elected leader of the party holding a majority of the seats in the House of Representatives or in the Senate. In the House, the majority leader is subordinate in the party hierarchy to the Speaker

minority leader

The elected leader of the party holding less than a majority of the seats in the House or Senate

standing committee

A permanent committee with the power to propose and write legislation that covers a particular subject, such as finance or appropriations

seniority

Priority or status ranking given to an individual on the basis of length of continuous service in a committee in Congress

closed rule

Provision by the House Rules Committee limiting or prohibiting the introduction of amendments during debate

open rule

Provision by the House Rules Committee that permits floor debate and the addition of amendments to a bill

filibuster

A tactic used by members of the senate to prevent action on legislation they oppose by continuously holding the floor and speaking until the majority backs down. Once given the floor, senators have unlimited time to speak, and it requires sixty votes to e

cloture

Rule allowing a supermajority of the members in a legislative body to set a time limit on a debate over a given bill

conference committee

A joint committee created to work out a compromise on House and Senate versions of a piece of legislation

veto

The president's power to reject a bill, may be overridden by a two-thirds majority vote of each house of Congress

pocket veto

A presidential veto of legislation wherein the president takes no formal action on a bill. If Congress adjourns within ten days of passing a bill, and the president does not sign it, the bill is considered to be vetoed

party vote

a roll-call vote in the House or Senate in which at least 50 percent of the members of one party take a particular position and are opposed by at least 50 percent of the members of the other party - rare today, common in 19th century

roll-call vote

A vote in which each legislator's yes or no vote is recorded as the clerk calls the names of the members alphabetically

whip system

Primarily a communications network in each house of Congress, whips take polls of the membership in order to learn their intentions on specific legislative issues and to assist the majority and minority leaders in various tasks

logrolling

A legislative practice whereby reciprocal agreements are made between legislators, usually in voting for or against a bill. In contrast to bargaining, parties have nothing in common but their desire to exchange support

oversight

The effort by Congress, through hearings, investigations, and other techniques, to exercise control over the activities of executive agencies

appropriations

In statutes (bills), the amount of money approved by Congress that each unit or agency of government can spend

executive agreement

Agreement between the president and another country, which has the force of a treaty but does not require the Senate's "advice and consent

impeachment

The charging of a governmental official (president or other) with "Treason, Bribery, or other high Crimes and Misdemeanors" and bring him or her before Congress to determine guilt

distributive tendency

The tendency of Congress to spread the benefits of a bill over a wide range of members' districts

delegated powers

Constitutional powers that are assigned to one governmental agency but that are exercised by another agency with the express permission of the first

inherent powers

Powers claimed by a president that are not expressed in the Constitution, but are inferred from it

commander in chief

The position of the president as commander of the national military and the state National Guard units (when they are called into service)

War Powers Resolution

A resolution of Congress that the president can send troops into action only by authorization of Congress, or if American troops are already under attack or serious threat

line-item veto

Power that allows a governor (or the president) to strike out specific provisions (lines) of bills that the legislature passes. Without a line-item veto, the governor (or president) must accept or reject an entire bill. The line-item veto is no longer in

legislative initiative

The president's inherent power to bring a legislative agenda before Congress

executive order

A rule or regulation issued by the president that has the effect and formal status of legislation

Cabinet

The secretaries, or chief administrators, of the major departments of the federal government. Cabinet secretaries are appointed by the president with the consent of the Senate

National Security Council (NSC)

A presidential foreign policy advisory council composed of the president; the vice president; the secretary of state, defense, and treasury; and other officials invited by the president. The NSC has a staff of foreign policy specialists

permanent campaign

Description of presidential politics in which all presidential actions are taken with reelection in mind

signing statement

An announcement made by the president when signing bills into law, often presenting the president's interpretation of the law

bureaucracy

The complex structure of offices, tasks, rules, and principles of organization that are employed by all large-scale institutions to coordinate the work of their personnel

implementation

The efforts of departments and agencies to translate laws into specific bureaucratic routines

clientele agency

Department or bureau of government whose mission is to promote, serve, or represent a particular interest

regulatory agency

A department, bureau, or independent agency whose primary mission is to impose limits, restrictions, or other obligations on the conduct of individuals or companies in the private sector

administrative legislation

Rules made by regulatory agencies and commissions

Federal Reserve System (the Fed)

Consisting of twelve Federal Reserve Banks, an agency that facilitates exchanges of cash, check, and credit; it regulates member banks, and it uses monetary policies to fight inflation and deflation

bureaucratic drift

The oft-observed phenomenon of bureaucratic implementation that produces policy more to the liking of the bureaucracy than to the original intention of the legislation that created it, but without triggering a political reaction from elected officials

deregulation

A policy of reducing or eliminating regulatory restraints in the conduct of individuals or private institutions

privatization

Removing all or part of a program from the public sector to the private sector

criminal law

The branch of law that deals with disputes or actions involving criminal penalties (as opposed to civil law). It regulates the conduct of individuals, defines crimes, and provides punishment for criminal acts

plaintiff

The individual or organization that brings a complaint to court

defendant

The individual or organization against which a complaint is brought in criminal or civil cases

civil law

A system of jurisprudence, including private law and governmental actions, to settle disputes that do not involve criminal penalties

precedent

A prior case whose principles are used by judges as the bases for their decisions in a present case

stare decisis

Literally "let the decision stand." A previous decision by a court applies as a precedent in similar cases until that decision is overruled

public law

Cases in private law, civil law, or criminal law in which one party to the dispute argues that a license is unfair, a law is inequitable or unconstitutional, or an agency has acted unfairly, violated a procedure, or gone beyond its jurisdiction

trial court

The first court to hear a criminal or civil case

court of appeals

A court that hears the appeals of trial court decisions

supreme court

The highest court in a particular state or in the United States. This court primarily serves an appellate function

jurisdictions

The authority of a court to consider a case initially. Distinguished from appellate jurisdiction which is that authority to hear appeals from a lower court's decision

due process

To proceed according to law and with adequate protection for individual rights

habeas corpus

A court order demanding that an individual in custody be brought into court and shown the cause for detention. Guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion

chief justice

Justice on the Supreme Court who presides over the Court's public sessions

senatorial courtesy

The practice whereby the president, before formally nominating a person for a federal judgeship, will seek approval of the nomination from the senators who represent the candidate's own state

standing

The right of an individual or organization to initiate a court case

mootness

A criterion used by courts to screen cases that no longer require resolution

writ of certiorari

A decision of at least four of the nine Supreme Court justices to review a decision of a lower court

solicitor general

The top government lawyer in all cases before the appellate courts to which the government is a party

amicus curiae

Individuals or groups who are not parties to a lawsuit but who seek to assist the court in reaching a decision by presenting additional briefs

brief

A written document in which attorneys explain why a court should rule in favor of their client

oral argument

Oral presentations to a court made by attorneys for both sides in a dispute

opinion

The written explanation of the Supreme Court's decision in a particular case

dissenting opinion

Decision written by a justice in the minority in a particular case in which the justice wishes to express his or her reasoning in the case

judicial restraint

Judicial deference to the views of legislatures and adherence to strict jurisdictional standards

judicial activism

Proclivity of a court to select cases because of their importance to society rather than adhering to strict legal standards of jurisdiction

class action suit

A lawsuit in which large numbers of persons with common interests join together under a representative party to bring or defend a lawsuit, such as hundreds of workers together suing a company