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POLS 206: EXAM 1
government |
the institutions and processes through which public policies are made for a society |
public goods |
goods such as clean air and clean water that everyone must share |
politics |
the process that determines who we select as our governmental leaders and what policies these leaders pursue; produces authoritative decisions about public issues |
policymaking system |
the process by which policy comes into being and evolves. People's interests, problems, and concerns create political issues for government policymakers. These issues shape policy, which in turn impacts people, generating more interests/problems/concerns |
linkage institutions |
the political channels through which people's concerns become political issues on the policy agenda. In the US, linkage institutions include elections, political parties, interest groups, & the media |
policy agenda |
the issues that attract the serious attention of public officials and other people involved in politics at a point in time |
policymaking institutions |
the branches of government charged w/ taking action on political issues. The US Constitution established three policymaking institutions -- Congress, the presidency, and the courts. Today, the power of the bureaucracy is so great that most political scientists consider it a fourth policymaking institution. |
public policy |
a choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem. |
policy impacts |
the effects a policy has on people and problem; impacts are analyzed to see how well a policy has met its goal and at what cost |
democracy |
a system of selecting policymakers and of organizing government so that policy represents and responds to the public's preferences |
majority rule |
a fundamental principle of traditional democratic theory. in a democracy, choosing among alternatives requires that the majority's desire be respected. |
minority rights |
a principle that guarantees rights to those who do not belong to majorities |
representation |
a basic principle of traditional democratic theory that describes the relationship between the few leaders and the many followers |
pluralism |
a theory of government and politics emphasizing many groups, each pressing for its preferred policies, compete and counterbalance one another in the political marketplace (no single group dominates) |
elitism |
a theory of American government contending that an upper-class elite holds the power and makes policy, regardless of the formal governmental organization |
hyperpluralism |
a theory of American democracy contending that groups are so strong that government, which gives in to the many different groups, is thereby weakened |
political culture |
an overall set of values widely shared within a society |
policy gridlock |
a condition that occurs when interests conflict and no coalition is strong enough to form a majority and establish policy, so nothing gets done |
gross domestic product |
the sum total of the value of all the goods and services produced in a year in a nation |
constitution |
a nation's basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. Constitutions can either be written or unwritten |
Declaration of Independence |
the document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence |
natural rights |
rights inherent to human beings, not dependent on governments, which include life, liberty, and property (this concept was central to English philosopher John Locke's theories about government & was widely accepted among America's founders) |
consent of the governed |
the idea that government derives its authority by sanction of the people |
limited government |
the idea that certain restrictions should be placed on government to protect the natural rights of citizens |
Articles of Confederation |
the first constitution of the United States, adopted by Congress in 1777 and enacted in 1781; established a national legislature, the Continental Congress, but most authority rested w/ state legislatures |
Shays' Rebellion |
a series of attacks on courthouses by a small band of farmers led by Revolutionary War Captain Daniel Shays to block foreclosure proceedings |
US Constitution |
the document written in 1787 and ratified in 1788 that sets forth the institutional structure of the US government and the tasks these institutions perform (replaced Articles of Confederation) |
factions |
parties or interest groups that James Madison saw as arising from the unequal distribution of property or wealth and attacked as having the potential to cause instability in government |
New Jersey Plan |
the proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population |
Virginia Plan |
the proposal @ the Constitutional Convention that called for representation in Congress in proportion to that state's share of the US population |
Connecticut Compromise |
Established 2 houses of Congress: the House of Representatives (representation based on population) and the Senate (each state = 2 representatives) |
writ of habeas corpus |
a court order requiring jailers to explain to a judge why they are holding a prisoner in custody |
separation of powers |
a feature of the Constitution that requires each of the 3 branches of government to be relatively independent of the others so that one cannot control the others (power is shared) |
checks and balances |
features of the constitution that limit government's power by requiring that power be balanced among the different governmental institutions; they continually constrain one another's activities |
republic |
a form of government in which the people select representatives to govern them and make laws |
Federalists |
supporters of the US Constitution |
Anti-Federalists |
opponents of the US Constitution |
Federalist Papers |
a collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name "Publius" to defend the Constitution in detail |
Bill of Rights |
the 1st 10 Amendments to the US Constitution, drafted in response to some of the Anti-Federalist concerns (define basic liberties like freedom of religion, speech, and press and guarantee defendants' rights) |
Equal Rights Amendment |
a constitutional amendment passed by Congress in 1972 stating that "equality of rights under the law shall not be denied or abridged by the US or by any state on account of sex" (failed to acquire the necessary support from 3/4 of the state legislatures) |
Marbury v. Madison |
the 1803 case in which the SC asserted its right to determine the meaning of the US Constitution. The decision established the Court's power of judicial review over acts of Congress |
judicial review |
the power of the courts to determine whether acts of Congress and, by implication, the executive are in accord with the US Constitution (established by Marbury v. Madison) |
unitary governments |
a way of organizing a nation so that all power resides in the central government. Most natinoal governments today are unitary governments |
federalism |
a way of organizing a nation so that two or more levels of government have formal authority over the same land and people; system of shared power b/t units of government |
intergovernmental relations |
intergovernmental relations |
supremacy clause |
the clause in Article VI of the Constitution that makes the Constitution, national laws, and treaties supreme over state laws as long as the national government is acting within its constitutional limits |
Tenth Amendment |
"the powers not delegated to the US by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people" |
McCulluch v. Maryland |
1819 SC decision that established supremacy of the national gov over state governments; Congress has certain implied powers in addition to the powers enumerated in the Constitution |
enumerated powers |
powers of the federal government that are specifically addressed in the Constitution, including, for Congress, the powers in article I, Section 8, for example, to coin money, regulate its value, and impose taxes |
implied powers |
powers of the federal government that go beyond those enumerated in the Constitution, in accordance w/ the statement in the Constitution that Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I |
elastic clause |
the final paragraph of Article I, Section 8 of the Constitution: "necessary and proper" clause |
Gibbons v. Ogden |
1824: SC interpreted the constitution's section on regulating interstate commerce very broadly, encompassing virtually every form of commercial activity |
full faith and credit |
a clause in Article IV of the Constitution requiring each state to recognize the public acts, records, and judicial proceedings of all other states |
extradition |
a legal process whereby a state surrenders a person charged with a crime to the state in which the crime is alleged to have been committed |
privileges and immunities |
the provision of the Constitution affording citizens of each state most of the priviliges of other states |
dual federalism |
a system of government in which both the states and the national government retain supreme within their own spheres, each responsible for some policies |
cooperative federalism |
a system of government in which powers and policy assignments are shared between states and the national government |
devolution |
transferring responsibility for policies from the federal government to state and local governments |
fiscal federalism |
the pattern of spending, taxing, and providing grants in the federal system; it's the cornerstone of the national government's relations w/ state and local governments |
categorical grants |
federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions |
project grants |
federal categorical grants given for specific purposes and awarded on the basis of the merits of applications |
formula grants |
federal categorical grants distributed according to a formula specified in legislation or in administrative regulations |
block grants |
federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services |
civil liberties |
the legal constitutional protections against government; although our civil liberties are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning |
First Amendment |
the constitutional amendment that establishes the four great liberties: Freedom of press, speech, religion, and assembly |
Barron v. Baltimore |
(1833) the Bill of Rights restrained only the national government, not states/cities |
Gitlow v. New York |
(1925) freedoms of press & speech are "fundamental personal rights and liberties" protected by the due process clause of the fourteenth amendment |
Fourteenth Amendment |
adopted after Civil War: no state shall make/enforce any law which shall abridge the privileges or immunities of citizens f the US; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws" |
due process clause |
part of the 14th Amendment guaranteeing that persons can't be deprived of life/liberty/property by the US or state gov's without due process of law |
incorporation doctrine |
Legal concept under which the SC has nationalized the Bill of Rights by making most of its provisions applicable to the states through the 14th Amdmt |
establishment clause |
part of the 1st Amdmt stating "Congress shall make no law respecting an establishment of religion" (no national religion) |
free exercise clause |
prohibits gov from interfering w/ practice of religion |
prior restraint |
a government preventing material from being published. This is a common method of limiting the press in some nations, but is usually unconstitutional in the US (Near v. Minnesota) |
Schenck v. US |
(1919) upheld the conviction of a socialist who had urged young men to resist the draft during WWI; gov can limit speech if it provokes a "clear and present danger" |
libel |
the publication of false or malicious statements that damage someone's reputation |
Texas v. Johnson |
(1989) SC struck down a law banning the burning of the American flagon the grounds that such action was symbolic speech protected by the 1st Amdmt |
symbolic speech |
nonverbal communication, such as burning a flag or wearing an armband (protected under 1st amdmt) |
commercial speech |
communication in the form of advertising; can be restricted more than other types of speech but has been receiving increased protection from the SC |
probable cause |
the situation occuring when the police have reason to believe that a person should be arrested; in making the arrest, police are allowed legally to search for and seize incriminating evidence |
unreasonable searches and seizures |
obtaining evidence in a haphazard or random manner (prohibited by 14th amdmt) |
search warrant |
a written authorization from a court specifying the area to be searched and what the police are searching for |
exclusionary rule |
the rule that evidence cannot be introduced into a trial if it was not constitutionally obtained; prohibits use of evidence obtained through unreasonable search/seizure |
Mapp v. Ohio |
(1961) ruled that the 14th amdmt's protection against unreasonable searches/seizures must be extended to the states |
Fifth Amendment |
designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment w/o due process of law |
self-incrimination |
when an individual accused of a crime is compelled to be a witness against himself or herself in court (forbidden by 14th amdmt) |
Miranda v. Arizona |
(1966) sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel |
Sixth Amendment |
designed to protect individuals accused of crimes; includes right to counsel, right to confront witnesses, and the right to a speedy and public trial |
Gideon v. Wainwright |
(1963) holds that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer |
plea bargaining |
a bargain struck b/t the defendant's lawyer and the prosecutor to the effect that the defendant will plead guilty to a lesser crime (or fewer crimes) in exchange for the state's promsie not to prosecute the defendant for a more serious (or additional) crime |
Eighth Amendment |
forbids cruel & unusual punishment (not defined); applied to states through 14th amdmt |
right to privacy |
the right to a private personal life free from the intrusion of government |
civil rights |
policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals |
Thirteenth Amendment |
ratified after the Civil War, forbade slavery & involuntary servitude |
Plessy v. Ferguson |
(1896) "equal but separate accommodations for the white and colored races" is constitutional |
Brown v. Board of Education |
(1954) school segregation is inherently unconstitutional bc it violates the 14th amdmt guarantee of equal protection |
Civil Rights Act of 1964 |
law making racial discrimination in hotels, motels, and restaurants illegal and forbidding many forms of job discrimination |
suffrage |
the legal right to vote, extended to African Americans by the 15th Amendment, to women by the 19th Amdmt, and people over 18 by the 26th Amdmt |
Fifteenth Amendment |
(1870) extended suffrage to African Americans |
poll taxes |
small taxes levied on the right to vote; used by most southern states to exclude blackies from voting; declared void by 24th Amdmt in 1964 |
white primary |
primary elections from which blackies were excluded, an exclusion that, in the heavily Democratic South, deprived blackies of a voice in the real contests (declared unconstitutional in 1944) |
Twenty-Fourth Amendment |
declared poll taxes void in federal elections |
Voting Rights Act of 1965 |
law designed to help end formal & informal barriers to African American suffrage; under the law, hundreds of thousands of blackies were registered, and the number of blackies elected officials increased dramatically |
Nineteenth Amendment |
(1920) guarantees women the right to vote |
Equal Rights Amendment |
introduced in 1923, passed in 1972; "equality of rights under the law shall not be denied or abridged by the US or by any state on account of sex" -- still fell short of 3/4 state legislature vote required for passigae |
Americans with Disabilities Act of 1990 |
requires employers and public facilities to make "reasonable accommodations" for people w/ disabilities and prohibits discrimination against these individuals in employment |
affirmative action |
a policy designed to give special attention to or compensatory treatment for members of some previously disadvantaged group |