PS101

National governments have the most power in unitary systems, followed by federal systems and then confederal systems.

A partnership between the national and state governments in which federal government is the dominant power.

It permits local prejudices to find their way into state and local law.

The expansion of American government in general and the gradual strengthening of the federal government.

heightened expectations and demands placed on the federal government.

business and the economy.

states have become financially dependent on this aid.

do not affect the national debt

creates a more uniform environment for business activity across the country.

enumerated powers.

head of government.

the process is too crippling for the government because Congress and the president would be consumed with the impeachment trial.

serves as the civilian head of the military.

executive agreements.

Congress is generally unsuccessful at overturning veto, Presidents use the veto more frequently when their party does not control Congress and George Bush was the third president not to veto a bill in his first term

his power is weak in the short run, he can have tremendous long-term impact on the judiciary, can try to influence judiciary by having solicitor general argue cases before the court.

presidential powers not explicitly stated in the constitution

the fact that presidents do not have enough power to fulfill their promises and match public expectations

The ability of the president to convince Congress and political leaders to cooperate with his agenda is called the

the predictable rise and fall of a president's popularity over the course of their presidency

for a wide range of economic and political agendas as well as for religious and philosophical reasons

The nation was comprised of competing elites.

could vote in some colonies if they met the property qualifications and there were no voting males in their households.

it failed to empower the national government

determined by each state constitution

A belief in citizenship conferring equal rights but the unavailability of this citizenship to a major portion of the population

creating institutions that made use of those characteristics to produces good outcomes

separation of powers among the branches of federal government

thought that to list the powers government did not have implied that it had all other powers

as a compromise between those who wanted a strong central government and those who wanted to retain strong state governments

The Bill of Rights did not restrict the actions of state governments

the due process clause requires states to abide by provisions in the bill of rights

prohibits the adoption of an official national religion

prior restraint

that is intended and likely to result in imminent lawless action

religion, speech, assembly, petition

a person being arrested

exclusionary rule

never

a confession obtained from police questioning after the accused was read her miranda rights

selecting leaders, making political outcomes acceptable to the participants, containing conflict, informing the public

rising

decrease turnout

voter mobilization

party identification

scheduling presidential primaries earlier in the primary season

one elector for each senator and representative

critics argue that the electoral college is undemocratic, that close election could be decided by a few faithless electors, distorts candidates' campaign strategies, all of the proposed alternatives have problems as well

mobilize their base and entice swing voter to vote for them

people who have not made up their minds at the start of the campaign

equality of opportunity

political culture unites us whereas political ideology divides us

how much the government should become involved in modifying the effects of the free market

use of government power to encourage and protect traditional family roles

centrists

because they consider themselves a liberal on some issues and a conservative on others issues

increasing social equality, managing the economy, reducing immoral behavior, increasing American involvement in spreading democracy around the world

traditional republicans, the religious right, former southern democrats, moderate republicans

more regulation of individuals' lives for the social order, less regulation of individual's lives

closely resemble what james madison intended with a "republican government"

politics

a particular view of how we ought to organize and live our collective lives

the ability to get people to do what you want

described as a system for exercising authority over a body of people

power that is recognized as legitimate

the how

organizations where government power is exercised and where political struggle takes place

government assurances that the rules will work smoothly and treat everyone fairly, with no promises of particular outcomes

government assurances of particular outcomes or results

theory of democracy that holds that citizens should actively and directly control all aspects of their lives

The legal system that is applied uniformly and based on the accumulated rulings of judges over time

latin term that refers to the practice of relying on precedent

the one with the most skilled attorney

law that regulates relations between individuals

only limitation on what statutes may do in the American system is found in

power of the courts to determine the constitutionality of laws

involvement of federal statutes, treaties or constitution, how serious an offense is involved, parties to the case, where the case arose

the SC overturns the lower court's ruling in about 70% of cases, SC has discretion as to whether to accept and appeal, refusal to hear an appeal by SC may mean it agrees with the lower court or that it considers the case frivolous

in twelve circuits cover the DC and states

most cases are heard in the state courts

lawmaking and representation

the voters in a district that elect a representative

a congressional committee's investigation of the executive and of govt agencies to ensure they are acting as Congress intends

length of terms, size, role in impeachment

approve treaties, approve presidential appointments to federal courts, congressional oversight

set up lower federal courts, accept or reject president's noms to courts, legislation that limits judges' discretion in imposing sentences on criminals

majority leaders deals with a smaller chamber and any senator may speak or offer amendments at any time

within congressional standing committees

die by inaction at the committee stage

the policy proposals of newly elected presidents, well-publicized events that bring a problem to national attention, a member's willingness to invest time and resources in pushing a proposal

an economic system in which the market makes all decisions and the government plays no role

a theory of democracy that holds that citizen membership in groups is the key to political power

1776 pamphlet by Thomas Paine that persuaded many Americans to support the Revolutionary cause

advocates of states' rights who opposed the Constitution

a government in which independent states unite for common purpose, but retain their own sovereignty

the assembly of fifty-five delegates in the summer of 1787 to recast the Articles of Confederation; the result was the U.S. Constitution

a political system in which power is divided between the central and regional units

supporters of the Constitution who favored a strong central government

the constitutional solution to congressional representation: equal votes in the Senate, votes by population in the House

a grassroots uprising (1787) by armed Massachusetts farmers protesting foreclosures

a series of essays written in support of the Constitution to build support for its ratification

the formula for counting five slaves as three people for purposes of representation that reconciled northern and southern factions at the Constitutional Convention

powers that are shared by both the federal and state governments

the federal system under which the national and state governments are responsible for separate policy areas

Supreme Court ruling (1824) establishing national authority over interstate business

Supreme Court ruling (1819) confirming the supremacy of national over state government

constitutional authorization for Congress to make any law required to carry out its powers

declaration by a state that a federal law is void within its borders

constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the supreme law of the land

Keep the peace (police), common defense (military), establish justice (courts, secure liberty and promote general welfare

must possess authority to compel citizens to pay taxes and obey the law (revenue and coercion)

what government cannot do

what government must do

Acts/new taxes that eventually led to the American Revolution

economic theory in Europe from 1500-1700s, led to colonizations

organized sons of liberty, committees of correspondences, authored rights of colonists, called fro separation from Britain

Intolerable Acts-closed, port, dismantled local govt, criminal trials removed to England, restricted movement, quartering

Georgia

Philly/sept 5-Oct 26 1774

INcreased hostility to Britain, appointed washington as CINC, Thomas Paine Common Sense, Richard Henry's resolution

Called for independence from Britain

July 4, 1776, Committee of five-Ben Franklin, John Adams, Robert Livingston, Roger Sherman, Thomas Jefferson

Two treatise of government by John Locke

lack of nationalism, couldn't help economic turmoil lack of strong natl government, no provision for judicial system

led to constitution being ratified in 1787-main point being federalism

Federalism, Social COntract, Limited Government, Separation of Powers, Protect liberties and rights

declared Missouri Compromise unconstitutional, congress lacked authority to ban slavery in the territories

prohibited slavery, granted civil and political power to blacks

authorized congress to enact a national income tax

senators directly elected by the people, removed their selection from state legislators

Each layer national and state had clearly defined powers

gitlow v new york, near v minnesota,

socialist who wanted to overthrow govt does punishing advocacy for overthrowing constitute 1st amendment violation-can forbid if dangerous, clear and present danger

published scandal sheet, attacked officials, does gag law violate free press-yes, protection against prior restraint at heart of 1st amendment-state must show overwhelming reason

don't mix religion and politics, proper to stay apart

imminent lawless action-ku klux klan speech in ohio, found for brandenburg-two pronged direct incitement test-imminent &likely

treated as free speech

independent community district 1969-court upheld wearing black armbands vs vietnam war

flag burning

invalidated congress' federal flag protection act of 1989

hate speech, unpopular speech, speech zones, libel, slander

proved libel/slander

1942, fighting words

roth test & miller test

shotgun w/ barrell less than two inches, cannot say 2nd amendment guarantees that right

overturned miller, incorporated r2nd amendment right

was a five day wait for AR

rights for criminal defendants

4&14 amendments, arrestees have the right to similar proceedings and protection against unreasonably burdensome govt intrusions

right to be secure in their person, houses, paper and effects against unreasonable searches and seizures

incident to arrest, plain view, suspects reach, of an accused person, police must know and announce themselves before entering

1997-Georgra drug testing person running for office, violated 4th rights, not probable cause

no person held to answer for a capital crime unless a grand jury

selling lottery tickets through mail, police search w/o warrant, seizure of items violated rights

1961, obscene materials, police chase found, court said must exclude

evidence obtained w/o intent to violate rights, good faith, inevitable discovery

1965, requested & was refused attorney

gap between presidential powers and promises

apolitical, unifying role of president as symbolic representative of country

the political role of the president as the leader of party and chief arbiter of who gets what

chief administrator-head of federal agencies and responsible for implementation of national policy, appoints cabinet members, commander in chief, chief foreign policy maker, negotiates treaties, makes executive agreements with other countries

state of the union, veto, executive orders

appointments, pardoning, solicitor general,

established primacy of national government, held regular meetings with his advisers (cabinet), asserted prominence of chief executive role in foreign affairs, inherent power

strong national leader, expansion of voting to all white males, vetoed a lot, reasserted primacy of national government, kept army to a minimum

argued inherent powers circumvent constitution in a time of war/crisis, expanded army, ordered southern blockade, emancipation proclamation,

used media to connect to base, national campaign, established presidential stronghold in defense and foreign policy, war room, assassinated in 1901

Panama Canal, negotiated w/ other countries against war, monroe doctrine

people's rep, leadership congress lack in legislation could come from the president, underwood act, federal reserve act, ban on child labor, antitrust

Recovery, New Deal, National govt responds to crisis, took nation off gold standard, allowed budget deficits, created social security, aided allies before America entered WWII, planned United Nations, huge growth in federal bureacracy

a party's right to seek redress in court, based on a tangible loss or gain

conflicts settled in competitive setting which parties argue their cases before a judge and sometimes a jury, judge is referee

conflicts settled in a setting in which a judge had the ability to quiz both sides in order to discover the truth

left it to congress to design

Section 1 gave congress authority to establish other courts, section 2 specifies that all federal crimes shall be tried by jury in the state it was committed, section 3 defines treason, two witnesses

So they aren't subject to whims of politics, public

congress has authority to alter the court's jurisdiction, congress can propose constitutional amendments, impeach and remove judges, president appoints judges

Disrtict courts, circuit court (appeal), supreme court

judicial review

the "party faithful"; the rank-and-file members who actually carry out the party's electioneering efforts

members of a political party who consistently vote for that party's candidates

ability of party leaders to bring party members in the legislature into line with the party program

members of the party who have been elected to serve in government

ordinary citizens who identify with the party

indirect lobbying efforts that manipulate or create public sentiment