Montesquieu
French philosopher developed the idea of three branches of government to act as "checks and balances"
Full Faith and Credit Clause
section of the Constitution that requires states to honor one another's licenses, marriages, and other acts of state courts
Pluralism
theory that policy making is the result of interest group competition
Conservative
a political ideology that tends to favor defense spending and school prayer and to disapprove of social programs, abortion, affirmative action, and a large active government
enumerated powers
powers that belong only to the national government (delegated or expressed powers). Found in Article 1 Section 8
Factions
term used by Madison to denote what is now called interest groups
elastic clause
the section of the Constitution that allows Congress to pass laws "necessary and proper" to the performance of its duties (allows Congress to stretch its powers beyond those specified by the Constitution)
Bicameral
consisting of two legislative houses (House of Representatives and Senate)
Bill of Attainder Clause
Congress cannot single out a person for punishment without a trial
Amendment
addition to the Constitution that require approval by two-thirds of both house of Congress and three-quarters of the states
Checks and Balances
system that prevents any branch of government from becoming too powerful by requiring the approval of more than one branch for all important acts
Limited Government
principle of government that states that government powers must be confined to those allowed it by the nation's Constitution
Representative Democracy
form of government under which citizens vote for delegates who in turn represent citizens' interests within the government
block grants
federal money given to states with only general guidelines for its use with states deciding how it will be spent
Federalism
term describing a system under which the national government and local governments share powers (United States and others including Canada, Switzerland, and Australia)
reserved powers
Constitutional powers that belong solely to the states, according to the Tenth Amendment, these powers include any that the Constitution does not either specifically grant the national government or deny the state governments
Direct Democracy
form of government in which all enfranchised citizens vote on all matters of government
Three-Fifths Compromise
agreement between Southern and Northern states stating that three-fifths of a state's slave population would be counted toward both congressional apportionment and taxation
ex post facto law
if allowed, these laws would punish people for actions that occurred before such actions were made criminal
GOP (Grand Old Party)
the Republican Party
Dual Federalism
form of U.S. federalism during the nation's early history, during this period the federal and state governments remained separate and independent (layer cake)
Shay's Rebellion
1786 revolt by Massachusetts farmers seeking relief from debt and foreclosure
New Federalism
Federal/State relationship proposed by President Reagan during the 80's, marked by returning power to the states
Federalist #10 (factions)
Madison warned about factions and suggested a strong, big Republic would be safer than smaller Republics
Federalist #51 (James Madison)
Madison discussed how checks and balances will be created to ensure political safety
Federalist Papers
a collection of 85 essays written by James Madison, Alexander Hamilton, and John Jay to defend the Constitution and persuade Americans that it should be ratified, they presented concerns and issues the framers faced as they created a blueprint for the new government
Devolution Revolution
an effort to reduce the size of federal government by returning power to the states
categorical grants
federal aid given to states with strings attached, to receive it, the states must agree to adhere to federal mandated guideline for spending it
Bill of Rights
first ten amendments to the U.S. Constitution that guarantee personal liberties and limits the power of the government
Supremacy Clause
section of the Constitution that requires conflicts between federal and state law to be resolved in favor of federal law, state constitutions, federal laws, international treaties and unconstitutional laws can be invalidated through this clause
Articles of Confederation
the first US constitution, the government lasted from 1781-1789 under this because it didn't have the power to collect taxes from states and regulate foreign trade to generate revenue from import/export tariffs
Cooperative Federalism
preeminent form of U.S. federalism since the passage of the Fourteenth Amendment, national and state governments share many powers
Elite Theory
the theory that the upper class exercises greater influence over public policy
Constitutional Convention
an untried method by which the Constitution may be amended, two-thirds of all state legislatures must petition the federal government (do not confuse with Constitutional Convention or when the Constitution was written)
Privileges and Immunities Clause
section of the Constitution stating that a state may not refuse police protection or access to its courts to U.S. citizens because they live in a different state
Populist
political party of the late 1800s that primarily represented farmers and working-class Americans, sough inflationary economic policies to increase farm income
Extradition
process by which governments return fugitives to the jurisdiction form which they have fled
Electoral College
Constitutionally established body created for the sole purpose of choosing the president and vice president
Eminent Domain (5th Amendment)
the power of the government to take away property for public use as long as there is just compensation for property taken
Deregulation
the removal of government rules from industries
Initiative
process through which voters may propose new laws, one of several Progressive Era reforms that increased voters' power over government
Libertarian
a political ideology that promotes civil liberties, free-market economics, and is skeptical of government
broad constructionism
belief that the Constitution should be interpreted loosely when concerning the restrictions it places on federal power, broad constructionists emphasize the importance of the elastic clause, which allows Congress to pass laws "necessary and proper" to the performance of its duties
bread-and-butter issues
those political issues are specifically directed at the daily concerns of most working-class Americans, such as job security, tax rates, wages, and employee benefits
Commerce Clause
gives Congress the power to regulate commerce among the states, with foreign nations, and among Indian tribes. Granted through Article 1 section 8
original jurisdiction
term used to describe a court's power to initially try a case. Courts in which cases are first heard are those with original jurisdiction in the case, appellate courts hear challenges to earlier court decisions
override
the Constitutional power of Congress to supersede a president's veto by a two-thirds majority in both houses
Oversight
one of Congress's non-legislative task in which it reviews the work of federal agencies
Pardon
cancellation of criminal punishment, this power is held by presidents and governors
Political institutions
Legislative, Executive, and Judicial branches and the bureaucracy
Criminal court
court in which criminal trials are heard
Executive agreement
presidential agreements made with foreign nations that have the same legal force as treaties but do not require the approval of the Senate
Discharge petition
a technique used to force a bill out of either a House or Senate committee to go to the floor for a vote. Generally used for "pigeonholed" bills
Dual court system
the American court system is divided into two administratively separate court systems: federal and state
Delegated powers
constitutional powers granted solely to the federal government
discretionary spending
spending that government makes choices about
dissenting opinion
questions the reasoning of the winning side and is written by a justice in the minority
Filibuster
a lengthy speech that halts all legislative action in the Senate
writ of certiorari
a legal document issued by the Supreme Court to request the court transcripts of a case, indicated that the Court will review a lower court's decision
Incumbent
an office holder seeking reelection
Incumbent advantage
Representative who run for re-election get elected 90% of the time and House incumbents have the greatest advantage
Quorum
the minimum number of people required for the legislature to act
Ways and Means Committee
the chief tax-writing committee of the House of Representatives. The Committee has jurisdiction over taxes, tariffs, and all revenue creating measures, also Social Security, Medicare, and Unemployment benefits.
Warren Court (1953-1969)
the Supreme Court during the era in which Earl Warren served as Chief Justice, best remembered for expanding the rights of minorities and the rights of the accused
amicus curiae briefs
"friend of the court" briefs that qualified individuals or organizations file in lawsuits to which they are not a party, so the judge may consider their advice in respect to matter s of law that directly affect the cases in question.
appellate jurisdiction
term used to describe courts whose role is to hear appeals from lower courts
Appropriations
money that Congress has allocated to be spent
Chief of staff
the top aide to the president, usually a longtime associate. Responsible for managing the Executive Office and access to the president
Circuit Court of Appeals
13 Circuit Courts which hear appealed cases from the District Courts or the State Supreme Courts. They involve constitutional cases and decisions are made by a panel of judges, not juries
House Rules Committee
determines the rules for debate of each bill, including whether the bill may be amended (most powerful committee in the House)
House Ways and Means Committee
handles taxing aspects of the budget
Impeachment
process by which a president, judge, or other government official can be tried for high crimes and misdemeanors (does not remove from office)
Imperial presidency
belief that the president has exceeded his constitutional limits and is out of control
Judicial restraint
when judges simply apply the law of the constitution without interpreting the law and are reluctant to overturn acts of the legislature
solicitor general
second ranking person in the Department of Justice who represents the U.S. at the Supreme Court
Caucus
meeting of local party members for the purpose of choosing delegates to a national party convention also refers to Democratic members of the House of Representatives meeting
Brief
the legal written arguments in a case filed with a court prior to a hearing
Brandeis Brief
a friend of the court opinion offered by Justice Brandeis in Muller v. Oregon, who spoke about the differences between men and women in the workplace
Judicial review
the power of the Supreme Court to declare laws and executive actions unconstitutional
Justice Sunday
a lobbying event to raise funds for more conservative justices
Riders
amendments to bills that are added to bring federal money to a home state (aka pet project or "pork barrel")
Rule 22
Cloture rule
Rule of four
the Supreme Court will hear a case if four justice agree to do so
Killer amendment
amendment to a bill proposed by its opponents for the specific purpose of decreasing the bill's chance of passage
Legislative oversight
one of Congress's most important tasks, the investigation and evaluation of the performance of corresponding executive agencies and departments to check the power of the executive branch
Impoundment
when the president refuses to spend money that has been appropriated by Congress
Majority opinion
the Supreme Court opinion that gets the most votes by the justices
Senate judiciary committee
one of the original standing committees in the Senate. Considers presidential nominees for federal judgeships and oversight of the Department of Justice
Senatorial courtesy
a check placed on the president by which candidates for the federal bureaucracy must first be approved by a vote within the Senate
Commander-in-chief
the president's role as leader of all U.S. military forces
Council of Economic Advisers (CEA)
Agency within the Executive Office that advises the president on economic matters
concurrent powers
Constitutional powers shared by the federal and state governments
concurrent resolution
resolution adopted by both Houses, doesn't need signature of President, doesn't have the force of law
concurring opinion
when justices vote with the majority, but take issue with the legal reasoning and they want to further explain their views
conference committee
congressional committee that includes representatives of both house of Congress created to settle differences between the House and Senate versions of bills that have been passed by their respective legislatures
Congressional Budget Office
agency of budget experts who assess the feasibility of the president's plan and who help create Congress's version of the deferral budget
John Marshall
third chief justice; served from 1801 to 1835. Increased the federal government's power over the states
indictment
a written statement of criminal charges brought against a defendant, guarantee that defendants know the charges against them so they can plan a defense
saving amendment
amendment to a bill proposed in hopes of softening opposition by weakening objectionable elements of the bill
Gerrymandering
the practice of drawing congressional district lines to benefit one party over the other