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American Politics Exam 1
Chapters 1,2, 3, 4 & 8
111
Aviation
Pre-School
09/22/2012

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Term
CORE ANALYSIS: chapter 1
Definition
1. government has become a powerful/complex force in US
2. gov = necessary to maintain order, protect prop & provide public goods
3. Am gov = based on dem electoral institutions & pop rep bodies
Term
government
Definition
the institutions and procedure through which a land and its people are ruled
Term
autocracy
Definition
a form of gov in which a single individual rules
Term
oligarchy
Definition
a form of gov where a small group of landowners, military officers or wealthy merchants controls most of the governing decisions
Term
democracy
Definition
a system of rule that permits citizens to play a significant part in gov process ex. voting
Term
constitutional government
Definition
a system of rule where formal and effective limits are placed on the powers of gov
Term
authoritarian government
Definition
a system of rule in which the government recognizes no formal limits but may be retrained by the power of other social institutions
Term
totalitarian government
Definition
a system of rule in which the gov recognizes no formal limits on its power AND seeks to absorb or eliminate other social institutions that might challenge it
Term
public good
Definition
a god that may be enjoyed by anyone if its provided may not be denied to anyone once it has been provided
Term
free riding
Definition
enjoying the benefits of some food or action while letting others bear the costs
Term
principal-agent relationship
Definition
each is motivated by self-interest yet their interets may not be well-aligned

political representatives = our agents
citizens = principals
citizens have authority and delegate some to politicans
Term
articles of confederation and perpetual union
Definition
America's first written constitution
adopted by the Continental Congress in 1777
formal basis for America's national government until 1789 when superseded by Constitution
Term
great compromise
Definition
an agreement reached at the Constitutional Convention of 1787 that gave each state an equal # of senators regardless of population but linked reps in House of Reps to pop
Term
bicameralism
Definition
the division of a legislative body into 2 houses/chambers
Term
expressed power
Definition
notion hat Constitution grants to the fed gov only those powers specifically named in its text
Term
necessary and proper clause
Definition
article 1 section 8 of the Constitution which enumerates the powers of congress and provides congress with the authority to make all laws "necessary and proper" to carry them out also to a the elastic clause
Term
judicial review
Definition
the power of the courts to declare actions of the legislative and executive branches invalid/unconstitutional
supreme court assteassertedted this power in marbury v madison 1803
Term
supremacy clause
Definition
a clause of article VI of the Constitution that states that all laws passed by the national gov and all treaties are the supreme laws of the land and superior to all laws adopted by any state or subdivision
Term
separation of powers
Definition
division of governmental power among several institutions that must cooperate in decision making
Term
federalism
Definition
system of gov in which a constitution divides power between a central gov and regional gov
Term
bill of rights
Definition
first 10 amendments in constitution
adopted in 1791
ensures certain rights and liberties to the people
Term
checks and balances
Definition
mechanisms through which each branch of gov is able to participate in and influence the activities of the other branches
Term
federalists
Definition
those who have favored a strong national gov and supported constitution proposed by the Am Const Convention in 1787
Term
antifederalists
Definition
those who favored strong state governments and a weak national government and who were opponents of the constitution proposed at the american const conv of 1787
Term
expressed powers
Definition
notion that the Constitution grants to the fed gov only those powers explicitly states
Term
implied powers
Definition
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
Term
reserved powers
Definition
powers, derived from 10th amendment, that are not specifically delegated to the fed gov or denied to the states are reserved to the STATES
Term
police power
Definition
power reserved to the state to regulate the health safety welfare and morals of its citizens
Term
concurrent powers
Definition
authority possessed by both state and national govs such as the power to levy taxes
Term
full faith and credit clause
Definition
the provision in article IV section 1 of the constitution requiring that each state normally honors the public acts/judicial decisions that take place in another state
Term
privileges and immunities clause
Definition
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
Term
home rule
Definition
power delegated by the state to a local unit of government to manage its own affairs
Term
dual federalism
Definition
the system of government that prevailed in the US from 1789 to 1937 in which most fundamental gov powers were shared between the fed and state govs wit the states exercising most important powers
Term
commerce clause
Definition
the clause found in article 1 section 8 of constitution which delegates to congress the power to "regulate commerce with foreign nations and among the several states and wit the indian tribes" this was interpreted by the Supreme court to favor of national power over economy
Term
federalism
Definition
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
Term
categorical grants-in-aid
Definition
funds given by congress to states and localities that are earmarked by law for specific categories such as education or crime prevention
Term
grant in aid
Definition
a general term for funds given by congress to state and local govs
Term
project grants
Definition
grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis
Term
formula grant
Definition
grants in aid win which a formula is used to determine the amount of federal funds a state or local gov with receive
Term
regulated federalism
Definition
a form of federalism in which congress imposes legislation on the states and localities requiring them to meet national standards
Term
unfunded mandates
Definition
national standards or programs imposed on state and local govs by the federal government without accompanying funding or reimbursement
Term
criminal law
Definition
the branch of law that deals with disputes or actions involving criminal penalties (as opposed to civil law)
Term
civil law
Definition
a system of jurisprudence including private law and governmental action for setting disputes that do not involve criminal penalties
Term
precedents
Definition
prior cases whose principles are used by judges as the bases for their decisions in present cases
Term
stare decisis
Definition
literally "let the decision stand" - the doctrine whereby a previous decision by a court applies as a precedent in similar cases until that decision is overruled
Term
public law
Definition
cases involving the action of public agencies or officials
Term
trial court
Definition
the first court to hear a criminal or civil case
Term
court of appeals (or appellate court)
Definition
a court that hears the appeals of trial-court decisions
Term
supreme court
Definition
the highest court in a particular state or in the US. This court primarily serves an appellate function
Term
jurisdiction
Definition
the domain over which an institution or member of an institution has authority
Term
due process
Definition
the guarantee that no citizen may be subjected to arbitrary action by national or state government
Term
writ of habeas corpus
Definition
a court order demanding that an individual in custody be brought into court and shown the cause for detention. Habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion
Term
chief justice
Definition
the justice on the supreme court who presides over the Court's public sessions

Current = John Roberts
Term
senatorial courtesy
Definition
the practice whereby the president, before formally nominating a person for a federal judgeship, finds out whether the senators from the candidate's own state support the nomination
Term
supremacy clause
Definition
a clause of article VI of the Constitution that states that laws passed by the national government and all treaties are in the supreme laws of the land and superior to all laws adopted by any state or subdivision
Term
standing
Definition
the right of an individual or an organization to initiate a court case
Term
mootness
Definition
a criterion used by courts to avoid hearing cases that no longer require resolution
Term
writ of certiorari
Definition
a formal request by an appellant to have the Supreme Court review a decision of a lower court. Certiorari is from a Latin word meaning "to make more certain"
Term
amicus curiae
Definition
"friend of the court" - an individual/group who is not a party to a lawsuit but seeks to assist the court in reaching a decision by presenting an additional brief
Term
brief
Definition
a written document in which an attorney explains - using case precedents - why a court should rule in favor of his or her client
Term
oral argument
Definition
the stage in supreme court proceedings in which attorneys both both sides appear before the Court to present their positions and answer questions posed by justices
Term
opinion
Definition
the written explanation of the Supreme Court's decision in a particular case
Term
dissenting opinion
Definition
a decision written by a justice who voted with the minority opinion in a particular case - in which the justice fully explains the reasoning behind his/her opinion
Term
collective action
Definition
provision of public goods
Term
rational behavior
Definition
whether politically, economically or personal people are going to make decisions based on what is best for themselves at a certain time
Term
public goods
Definition
goods/services provided to all people without pay
Term
Institutions
Definition
a framework of rules for governing behavior
Term
Relocation Blackmail
Definition
where they need to move people for elections – have one district vote for person x – don’t want that person – so redraw district lines (slang term for gerrymandering)
Term
state powers
Definition
set up courts, create taxes, build highways, borrow $, amek and enforce own laws, charter banks, spend $ as they deem fit,
Term
Exclusive fed gov powers
Definition
print money, declare war, establish army navy, treaties with foreign gov, international commerce/trade, establish post offices and issue postage, establish laws as necessary to uphold constitution
Term
Exclusive State laws
Definition
Conduct own elections, public health and safety laws, anything not explicitly as a federal law the state laws can do
Term
Griswold v CT
Definition
prohibited drugs for contraceptives – unconstitutional – marital privacy
Term
Miranda V Arizona
Definition
Miranda rights established – fully inform people of their rights
Term
Gregg v Georgia
Definition
death penalty case – said punishment was cruel/unusual – but upheld
Term
Roe v Wade
Definition
right to privacy under due process clause - legalized abortion and a woman's right to choose - regulated by state based on trimester of pregnancy
Term
Marbury v Madison
Definition
case that established judicial review (power of the Supreme Court to declare constitutional validity of a legislative act - act of Congress)

President Adams appoints Marbury - new president Madison did not deliver commission
Term
Plessy v Ferguson
Definition
established separate but equal ruling - railway cars
Term
Brown v Board
Definition
challenged Plessy v Ferguson’s “separate but equal” → declared that ruling unconstitutional -> desegregated schools etc
Term
McChulloch v Maryland
Definition
US charter banks – states don’t have power to tax federal gov
Term
Regents of the Univ of Cali v Bakke
Definition
can’t have quotas in affirmative action
Term
Grutter v Bollinger
Definition
upheld the affirmative action admissions policy of the University of Michigan Law School - they wanted to promote diversity so definitely considered race/background/other facts - court decided was ok because was not really a quota system
Term
Craig v Boren
Definition
different drinking ages for males and fems = unconstitutional

To regulate in a sex-discriminatory fashion, the government must demonstrate that its use of sex-based criteria is substantially related to the achievement of important governmental objectives.
Term
Fisher v U of Texas
Definition
GOING ON NOW
affirmative action – U of T accepts top 10% of texas school students - white student ranked just below and says she was denied admission because of her race - already graduated from LSU so STFU
Term
National Federation of Int’l Business v Sebelus
Definition
fed gov can make you buy healthcare
Term
Texas v Johnson
Definition
flag burner in Texas at a public rally – considered non verbal freedom of speech – he won
Term
DC v Heller
Definition
first Supreme Court case to decide whether the 2nd Amendment protects an individual right to keep and bear arms - declared it does for self defense/etc
Term
McDonald v Chicago
Definition
2nd amendment does apply to individual states - 14th amendment
Term
Gideon v Wainwright
Definition
states are required under 14th Amendment to provide counsel in criminal cases for defendants who are unable to afford to pay their own attorneys --> this is an extension of federal gov requirement under 6th amendment
Term
House of Representatives
Definition
435 - 2 year terms - 4 years for res commissioner
Term
Supreme Court
Definition
9
Term
Senate
Definition
100 - 6 year terms
Term
civil liberties
Definition
the protectors of citizens from improper governmental action - limit the government's authority to interfere in certain spheres of activity such as free speech and religion
Term
civil rights
Definition
the legal or moral claims that citizens are entitled to make on the government - curb the power of majorities to exclude or harm individuals based on factors such as race, gender or ethnicity
Term
exclusionary rule
Definition
the ability of the court to exclude evidence obtained in violated of the 4th amendment
Term
Miranda rule
Definition
derived from the SC's 1966 ruling in Miranda v Arizona whereby persons under arrest must be informed of their legal rights including their right to counsel before undergoing police interrogation
Term
establishment clause
Definition
the 1st 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
Term
lemon test
Definition
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 nor inhibits the practice of religion
Term
speech plus
Definition
speech accompanied by activities such as sit-ins, picketing and demonstrations. Protection of this form of speech under the 1st amendment is conditional and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order
Term
prior restraint
Definition
an effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. in the US the courts forbid prior restraint except under the most extraordinary circumstances
Term
libel
Definition
a written statement made of reckless disregard of the truth and considered damaging to a victim because it is malicious scandalous and defamatory
Term
slander
Definition
same as libel but an oral statement
Term
fighting words
Definition
speech that directly incites damaging conduct
Term
due process
Definition
proceeding according to law and with adequate protection for individual rights - aka every american is entitled fair treatment in the judicial process
Term
grand jury
Definition
a jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused's gult or innocence
Term
eminent domain
Definition
the right of the government to take private property for public use with reasonable compensation awarded for the property
Term
right to privacy
Definition
the right to be left alone which has been interpreted by the SC to entail free access to birth control and abortions
Term
equal protection clause
Definition
the provision of the 14th amendment guaranteeing equal protection of the laws. This clause has been the basis for the civil tights of African Americans, women, etc.
Term
separate but equal rule
Definition
doctrine that public accommodations could be segregated by race but still be equal - established in Plessy v Ferguson and overturned in Brown v Board of ed
Term
de jure segregation
Definition
racial segregation that is a direct result of law or official policy
Term
de facto segregation
Definition
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
Term
intermediate scrutiny
Definition
the test used by the SC 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
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