POS:2041 Midterm Exam

= is a type of democracy founded on the principle of elected officials representing a group of people, as opposed to direct democracy.

= the institutions and procedures through which a land and its people are ruled

= the rules and procedures that provide incentives for political behavior, thereby shaping politics *4 subjects of institutions:* 1) jurisdiction - what you have authority over/to do 2) agenda & veto power 3) decisiveness 4) delegation

= single individual is ruler -often a 'cult of personality' EX: North Korea and Kim Jong II or Muhammar Quadaffi in Libya before he was killed in the Arab Spring

= Small groups run government (military, landowners, merchants, etc.) EX: some latin american governments (a form of government in which a small group of landowners, military officers, or wealthy merchants controls most of the governing decisions.)

= Difference between authoritative, totalitarian seeks to control every aspect of their lives (i.e. what they see on tv, to what they wear, symbol, etc.) EX: Nazi Germany (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)

= all those things in which everyone is entitled too -a good that, first, may be enjoyed by anyone if it is provided and, second, may not be denied to anyone once it has been provided

= even if i do not participate in means to achieve the public goods (i.e. voting, etc.) I can still benefit from there (enjoying the benefits of some good or action while letting others bear the costs)

= refers to action taken together by a group of people whose goal is to enhance their status and achieve a common objective. -It is enacted by a representative of the group. (what politics is)

-the problem of "free-riding" and public goods, and tragedy of the commons (describes the situation in which multiple individuals would all benefit from a certain action, but has an associated cost making it implausible that any individual can or will undertake and solve it alone)

*Selective benefits*: Certain benefits that groups give to their members to keep them involved and also use to persuade other people to join and contribute to the cause. *Mancur Olson and 'by-product theory'*: Mancur Olson, Logic of Collective Action (1965) -By-product theory Organizations form by offering selective benefits Leaders use organizational resources for political action

= the idea that a common- access facility, owned by no one because it is available to everyone, will be over-utilized (a pool of resources is not much depleted if someone take a little of it, but it does become depleted if lots of people take from it) reveals how self-interest can have damaging collective consequences

the ability to defeat something even if it has made it on to the agenda of an institution

the control over what group will consider for discussion -considered 'gatekeeper' president has no agenda power; congress controls its own agenda

-We the people are the principals -Our elected officials are 'trusted agents' -We expect them to act on our behalf (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, yet their interests may not be well aligned)

means of resolving collective dilemmas -can be either informal or formal

= unstructured bargaining -much of politics is informal -idea of "give a little, get a little"; sets a pattern of cooperation that develops over time

= governed by rules -such as, who gets to make the first offer, how long the other parties have to consider it, whether other parties must take it or leave it etc.

-1760s: Britain in war with France; Britain in dept taxes colonies -1765: *Stamp Act of 1765*; "no taxation w/out representation"; led to formation of the Stamp Act Congress -1770: *Boston Massacre*; 5 colonists killed -1733: *Boston Tea Party* dumped Britain's tea in habor; Britain responded w/more taxes and restrictions -1774: *First Continental congress* came to conclusion that they needed to declare independence -1775: *Battle at Lexington & Concord* -1776: *Second Continental Congress* Jefferson wrote declaration -1776: *Declaration of Independence* -1777: *Articles of confederation* adopted -1783: *Treaty of Paris* ended revolutionary war -1786: *Annapolis Convention* only 5 states showed; apparent revisions to Articles were needed -1787: *Shays Rebellion* catalyst to constitutional convention -1787: *Constitutional Convention* drafting the constitution -1787: *Virginia plan* proposed; favored larger states representation -1787: *New Jersey Plan* proposed; favored smaller states w/equal representations -1787: *The Great Compromise* agreed upon a bicameral legislature -1787: *Constitution* adopted

(1774) -Decided to boycott all British goods -Eventually they came to the conclusion to declare independence

(1776) -Jefferson wrote the Declaration of Independence (1776)

(1776) -written by Jefferson wrote -adopted by 2nd continental congress -The declaration, while revolutionary in its ideals (such as certain unalienable rights - life, liberty, and pursuit of happiness) was not a blueprint for governance

(1787) -IMPACT: catalyst to the constitutional convention -What happened: in debt from war, farmers were foreclosing and received no help from gov; upset they rebelled -SHOWED: congress needed more power (because they had no money to help, and no power to stop the fights)

(1776) -first written constitution -adopted after war -established first gov -ratified in 1781 -wear central gov -no executive branch (or judiciary)

(1787) -drafting the constitution -key writers: Madison, Hamilton, Washington, Franklin -argument of enlightened thinkers, or self-centered

-Argued that the founders were not concerned with philosophy & ethical ideas -instead, he said their intentions were to protect their economic interests -the founders were "a collection of securities speculators and property owners whose only aim was personal enrichment" -Northern economic interests feared debtor revolts, southern planters feared slave revolts ? wanted protection and capital investment for their own needs

(1787) -Proposed by Edmund Rondolph -Based representation in congress on population of state -This plan would favor advantage the larger states -Anti-federalists were not happy with that

(1878) -Proposed by William Paterson in resolution to virgina plan -made it equal representation amongst every state -Debate between representation ensued -Almost decided to break up the union

(1787) -AKA Connecticut compromise -decided to have a bicameral legislature

= an agreement reached at the convention stipulating that for purpose of the apportionment of congressional seats, every slave would be counted as 3/5 of a person

-fear of a tyranny -fear of too much direct democracy (Feared the common man would not make the best decisions in the political realm; Believed it was better to channel popular opinion through representative) -needed a stronger central gov (for economy & protection)

*Feds:* - believed that a strong central gov could protect their rights -Thought under articles of confederation it was too weak -Believed that their should be a National gov, that could spur economic activity in the benefit of the nation *Anti-Feds* -Worried about strong government and the potential abuse (because of their colonial experience) -Favored states rights -Believed their individual liberties would be better protected under states supervision -(Famous speech by anti-federalist Patrick Henry: "give me liberty or give me death")

3 branches 1. Executive - president 2. legislature - congress (two chambers the house & senate) 3. Judiciary - supreme court

= the powers enumerated in the constitution that are granted to the federal gov and ONLY those (any powers specifically NOT listed are NOT granted)

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

-the 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 (1803)

= A clause of Article VI of the Constitution that 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

-pass in both the House and Senate by 2/3 vote --> then ratified by majority vote of the legislatures of 3/4 of the states -pass in both the House and Senate by 2/3 vote --> then ratified by convention called for that purpose in 3/4 of the states - passage in national convention --> then

1) separation of powers - checks and balances 2) federalism 3) bill of rights 4) Habeus corpus; no ex post facto laws; no bills of attainder

(1787) -85 essays supporting ratification of constitution -written by Alexander Hamilton, James Madison, and John Jay -defended the principles of the constitution and sought to dispel fears of a national authority

-system of gov that prevailed in the US from 1789-1937 -fundamental gov powers were shared between the federal and state gov; with the states exercising the most important power s

(1791) -first and most important case favoring national power -question if Congress had power to charter national bank -ruled constitutional BECAUSE of the necessary and proper clause -IMPACT: if a goal was allowed in the constitution and congress chosen means to achieve goal was not prohibited by the constitution, congress could act

(1824) 2nd landmark court case which gave the Supreme Court of the United States the power to regulate interstate commerce, granted to Congress by the Commerce Clause

the clause found in Article 1 section 8 which delegated to congress the power to "regulate commerce with foreign nations, and among the serval states, and with the indian tribes" -interpreted by the supreme court to favor national power over the economy

Expressed: = the powers listed in the constitution that are granted to the federal gov and ONLY those (any powers specifically NOT listed are NOT granted) Implied: powers derived from the necessary and proper clause; such powers are not specifically expressed by are implied through the interpretation of delegated powers Reserved: powers derived from the 10th amendment, that are not specifically delegated to the national gov or denied to the states; these powers are reserved to the states

the shared power by both the state and national governments i.e. power to levy taxes

the power reserved to the gov to regulate the health, safety, and morals of its citizens

the power delegated by the state to a local unit of government to manage its own affairs -mere connivence of state; not recognized in constitution

requiring that each state normally honors the public acts and judicial decisions that take place in another state

provision in constitution that states a state cannot discriminate against someone from another state or give its own resident special privileges

funds given by congress to state and local govs 2 types are block and categorical

= general purpose funds; not many strings attached to them EX: block grant for transportation; freedom to use whereve

States must spend the money in a certain way in order to qualify for it

= policies created by federal state, that list ways a state must comply but then don't give any funding for those policies -Debate if good or bad EX: Americans with Disabilities Act - buildings must provide ramps for them, but didn't provide funding for it

the principle that states should oppose increases in the authority of the national government this view was most popular before the civil war

Concept of "recipe" Policies Laws State governments provide the recipe; national government provides the ingredients Meaning ? state governments have more flexibility to make policy and administer programs

= the protections of citizens from improper gov action -AKA *negative freedom* --> not the action gov is taking but what they re precluded from taking -bill of rights

Nationalization of the Bill of Rights; aka making the bill or rights apply to the states -related to Barron v. Baltimore case -Often referred to as "selective incorporation" = meaning incorporation didn't happen all at once, gradual process -can be seen as expansion of federal gov, and erosion of the autonomy of the individual state

(1833) IMPACT: ruled that bill of rights/constitution did not apply to the state's gov, but only on the federal level -slow process of changing this, with many following supreme court cases -14th amendment would later overturn this ruling (1868) BACKGROUND:The city of Baltimore destroyed Barron's wharf during a public works project. Barron sued under the 5th Amendment, that the court should compensate for the property they took. The supreme court stated the US constitution did not apply to the states government, only the federal level

(1873) supreme court determined that the federal gov was under no obligation to protect the "privileges and immunities" of citizens of a particular state against actions by that state's gov -this was after 14th amendment yet did not think it incorporated entire bill of rights

(1937) Background: Palko was charged with 1st degree murder, but lower court didn't find guilty; higher court did the trial again, convicting him of 1st degree; Palko appealed on accounts of double jeopardy RULED: supreme court said yes it is double jeopardy but we can't enforce that right, (cause bill of rights doesn't apply to state) He was put to death, where as in another state he could've lived if they protected against double jeopardy

"dual citizenship" -adopted in 1868 after civil war -yet did not fully impact until a century later in the later 19th century -Slaughter House Case -Barron v. Baltimore -Palko v. Connecticut (forefront of civil rights movements)

Allowed: any symbolic or political speech Not allowed: 1) *fighting words* 2) *clear and present danger* i.e. yelling fire in a crowed theater 3) no libel 4) no slander

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

-no libel -no Prior restraint = censorship; gov preventing material from being published 2 important cases: 1) Near v. Minnesota (1931) 2) Pentagon Papers (1971)

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

Publisher would write against different races; Nuance law passed, stopping publication. Went to supreme court Ruled that can't prevent publication, if people don't want to read than that is their choice freedom of the press

called *Pentagon Papers* During vietnam war Papers revealing something Johnson did that was not liked by people (?); Nixon was president during the time, and did not want papers published ruled constitutional because he wasn't in office any more freedom of the press, no prior restraint

-establishment clause -free exercise clause -lemon v. Kurtzman (1971) came up with the Lemon Test

-separation between church and state 1st amendment that says "congress shall make no law respecting an establishment of religion" means a wall of separation between church and state

the 1st amendment clause that protects a citizens right to believe and practice whatever religion they choose

-Established the Lemon Test -to make a law/take action in regards to religion it must pass the lemon test

To avoid violation of the establishment clause, a law must: 1) have a secular purpose (a non-religious purpose) 2) the effect of the law must not either advance or retard religion (must be neutral) 3) the law must avoid "excessive entanglements" between the state and religion came from Lemon v. Kurtzman (1971) case

-important case:Miller v. California (1973) -gave us the "what is obscene? 3 part test"

What is obscene? A 3-part test: 1) average person would find the work appealed principally to lust 2) the law must specifically define what sexual conduct is obscene 3) the work in question must lack artistic, literary, political or scientific value

-right to bear arms District of Colombia v. Heller (2008) --> 2nd A. applies to individuals as well

2nd amendment also establishes an individual right to bear arms ruled: can not prohibit people from owning guns in their own home

-protects against unreasonable search and seizure -Mapp v. Ohio (1961) --> established the 'exclusionary rule'

-Police had search warrant to arrest a fugitive in home; didn't find fugitive, but found obscene material; arrested lady -Established The 'exclusionary rule' = if police obtained material that was NOT specified on search warrant that material would be excluded from trial 4th amendment

= if police obtained material that was NOT specified on search warrant that material would be excluded from trial established in Mapp v. Ohio (1961) 4th amendment

(right to not self-incriminate and due process of law) Miranda v. Arizona (1966) --> established miranda rule 5th: right to a grand jury, protection from double jeopardy (tried 2x for same offense), protection from self-incrimination, *eminent domain* (protection from taking property w/o just compensation)

tried 2x for same offense

the right of government to take private property for public use

a jury that determines whether sufficient evidence is available to justify a trail grand juries do not rule on the accused's guilt or innocence

=any persons under arrest must be informed of their legal rights, including their right to counsel, before undergoing police interrogation -established in Miranda v. Arizona (1966) 5th amendment

Miranda interrogated for hours, eventually confessed to crime; later argued that confession didn't count because he was never read his rights Police don't HAVE to read rights; but if they don't almost all confessions will become invalidated established miranda rule

Gideon v. Wainwright (1963) Previously, if you could not afford lawyer you did not have one Established that state would appoint a lawyer if defendant could not afford on

previously, if you could not afford lawyer you did not have one Established that state would appoint a lawyer if defendant could not afford on

= means that the government must respect all the legal rights to which every individual is entitled A.4,5,6,8 are the essence of the due process of law -stated in A.5

the right to be left alone, which has been interpreted by the supreme court to entail individual access to birth control and abortions

(1965) RULED: birth control is a right to privacy background: Griswold was arrested for informing people about contraceptives; appealed case

Some states allowed abortion; others did not Ruled that women have the right of privacy to decide what to do with their body - states could not make abortions illegal

Man was charged with violated non homosexual acts Charges were eventually dropped by states Supreme court refused to hear case; didn't count "gay" as a privacy right

supreme court over ruled Bowers case, and struck down sodomy law in texas can not criminalize private sexual moments

struck down an amendment that prohibited local govs from passing ordinance to protect gay rights

= the legal or moral claims that citizens are entitled to make on the government

= provision of the 14th Amendment guaranteeing citizens "the equal protection of laws" this clause has been the basis for the civil rights of blacks, women, and other groups

government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities

= legally sanctioned segregation racial segregation that is a direct result of law or official policy

segregation based on reflection of residential patterns, income distributions or other social factors

the doctrine that public accommodations could be segregated by race but still be equal

(1896) Partially black man was forced to move to "black" sitting on train; Plessy refused Ruled: as long as there are equal places (even if separate) it is constitutional "Separate but equal" Lived under this ruling for 58 years (overturned by Brown v. Education

Browns had to go to school far away that was dangerous to get to, when there was a close all white school right there Ruled: separate but equal is unconstitutional when it came to education Brown v. board of education II (1955) -Laid out plans to desegregate -Must desegregate with 'all deliberate speed' A lot of protest to this new ruling Little Rock, 1957 School's president said he would block black from coming in Troops came in and escorted blacks into school

in 1883, ruled that act was unconstitutional act guaranteed blacks equal treatment in public accommodation -called Force Act

a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional

a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional

1) military - commander in chief of army and navy 2) judicial - grant reprieves and pardons 3) diplomatic - treaties (w/senate) & recognize ambassadors 4) executive - faithfully execute the laws 5) legislative - participate in legislative process

delegated: constitutional powers assigned to one government agency but exercised by another agency with the express permission of the first inherent: powers claimed by a president that are not expressed in the constitution by are inferred from it

the power of the president as commander of the national military and the state national guard units (when called into service)

(1970s) = stated that if President puts troops in harm's way, he has to report back to congress within 60 days The debate about the war powers resolution Which branch should prevail when is comes to war powers (a resolution of congress declaring that the president can send troops into action abroad only authorization of congress or is US troops are already under attack)

= Idea that talks president has with his advisors etc., is 'privileged' (meaning private)

an agreement between the president and another country that has the force of a treaty but does not require the senate's "advice and consent"

= broadening idea of president, to include the whole institutions that go along with the office

Public support of president declines over time Presidential position votes ? when president takes a position on a bill being passed in congress, and seeing how many of them prevail Gives a % and an idea of how successful presidents are With divided government, typically very low success rates

the president's constitutional power to turn down actos of congress within 10 days of their passage while congress is still in session a president's veto can be over ridden by 2/3 vote of each house of congress

a veto that is effected when congress adjourns during the time a president has to approve a bill and the president takes no action on it

-ruled unconstitutional because its legislative powers = cross out certain lines/words of bill

One way president tries to rally up grassroot support Evidence of success of this method is very limited

= Provide President with critical policy advice Encompasses over 2000 employees

One of the most important offices in the EOP: Deals with all the economic issues I.e. new programs, cut tax, etc Has Legislative clearance power ? when agency in executive branch wants to submit a budget to congress, first must submit its proposal to OMB for approval

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

the secretaries, or chief administrators of the major departments of the federal gov cabinet secretaries are appointed by the president with the consent of the senate 15 different cabinet departments Number of advisors varies (500-600 people) Often president does not meet with all/any cabinets Because they're so far removed, Cabinets form their own ideas/agendas different than the president's

a presidential foreign policy advisory council composed of the president, VP, the secretaries of state, defense, and the treasury, the attorney general, and other officials invited by the president "inner cabinet"

the analysts and advisers to the president, often given the title of special assistant President would rather meet with white house advisors because of they loyalty and closeness to views of president Nick named "Going native"

an announcement made by the president when a bill is signed into law

the district making up the area from which an official is elected members of congress main responsibility is to serve their constituency (not their party, etc)

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 -most do a mix of the two

= holding the political office for which one is running

the opportunity legislators have to serve on legislative committees able to burnish their policy credentials, to develop expertise and critically to be in a position to help constituents either through affecting the legislative agenda or interceding with the bureaucracy

an effort by members of congress to gain the trust and support of constituents by providing personal services one important type of casework consists of helping constituents obtain favorable treatment from the federal bureaucracy -2/3 of time spent on casework

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

Members of congress bring back "goods" for its districts Trying to maximizing government benefits at the local level -form of patronage

= manipulate the boundaries of (an electoral constituency) so as to favor one party or class Two forms: 1. Partisan Gerrymandering - legislatures draw districts to get more of their own party members elected 2. Racial Gerrymandering (majority- minority districts)

-democrats name for the gathering -every 2 years at the start of a new congress, the member of each party gather to elect their house leader

-republicans name for the gathering -every 2 years at the start of a new congress, the member of each party gather to elect their house leader

the chief presiding officer of the house the speaker is elected at the beginning of every congress on a straight party vote he/she is the most important party and house leader

the elected leader of the party holding a majority of the seats in the house or senate in the house, the majority leader is subordinate in the party hierarchy to the speaker

the elected leader of the party holding less than a majority of the seats in the house or senate

1) *standing*: permanent; considers legislation within its designates subject area; the basic unit of deliberation in the house and senate 2) *conference*: joint committee created to work out a compromise for house and senate versions of a piece of legislation 3) *joint*: committee that have both the house and the senate on them 4) *select*: generally charged to look at some temporary issue/policy

"talk bill to death" = 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 a cloture vote of 3/5s of the senate to end a filibuster aka exception - cloture

a rule allowing a supermajority of the members of a legislative body to set a time limit on debate over a given bill -need 60 votes to close off the debate

votes in which each legislators yes or no vote is recorded

-only in the House, has this committee = determine the specific rules under which the legislation will be considered by the full House -decides when debate will be scheduled, for how long, the order, etc. -can have an open or closed rule

close rule: the provision by the house that prohibits the introduction of amendments during debate open --> permits floor debate and the addition of amendments to a bill

a communications network in each house of congress whips poll the membership to learn their intentions on specific legislative issues and assist the majority and minority leaders in various tasks

a legislative practice wherein reciprocal agreements are made between legislators, usually in voting for or against a bill. in contrast to bargaining, logrolling unites parties that nothing in common by their desire to exchange support

the charging of a gov official with "treason, bribery, or other high crimes and misdemeanors" the House votes if they should be impeached (vote simple majority) the senate would then hold the trial to determine if convicted or not (vote 2/3 of senate)

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