PS101

How does power given to national governments compare in unitary, federal and confederal systems?
National governments have the most power in unitary systems, followed by federal systems and then confederal systems.
Political scientists today see federalism as
A partnership between the national and state governments in which federal government is the dominant power.
One of the disadvantages of American federalism is that
It permits local prejudices to find their way into state and local law.
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Two trends evident in the development of American federalism throughout history are
The expansion of American government in general and the gradual strengthening of the federal government.
One reason for the growth of the national government’s power and influence has been
heightened expectations and demands placed on the federal government.
The New Deal increased power of the federal government in regard to
business and the economy.
The federal government has been able to use categorical grants to coerce states into doing what it wants most of the time because
states have become financially dependent on this aid.
Unfunded mandates are popular with many members of Congress because they
do not affect the national debt
Among the consequences of federalism are all of the following EXCEPT that it
creates a more uniform environment for business activity across the country.
The congressional abilities specifically listed in Article I, Section 8, are called the
enumerated powers.
The president’s role as ____ has become much more prominent since Franklin Roosevelt’s tenure.
head of government.
Many observers have concluded that impeachment is not an effective check on presidents because
the process is too crippling for the government because Congress and the president would be consumed with the impeachment trial.
As commander in chief, the president,
serves as the civilian head of the military.
Pacts made by the president with another head of state that do not require Senate approval are called
executive agreements.
What is true about the President’s veto power?
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
What is true concerning the president’s judicial power?
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.
Inherent powers
presidential powers not explicitly stated in the constitution
The authors of this textbook argue that the fate of the presidency of George W. Bush illustrates
the fact that presidents do not have enough power to fulfill their promises and match public expectations
Power to persuade
The ability of the president to convince Congress and political leaders to cooperate with his agenda is called the
The cycle effect refers to the tendency for presidents to
the predictable rise and fall of a president’s popularity over the course of their presidency
Early colonists came to America
for a wide range of economic and political agendas as well as for religious and philosophical reasons
Describe the distribution of power during the founding period?
The nation was comprised of competing elites.
Prior to the American Revolution, women in the colonies
could vote in some colonies if they met the property qualifications and there were no voting males in their households.
The major weakness of the Articles of Confederation was that
it failed to empower the national government
Under the Articles of COnfederation the rights and obligations of citizens were
determined by each state constitution
Describes the contradiction within the new citizenship of the early American republic
A belief in citizenship conferring equal rights but the unavailability of this citizenship to a major portion of the population
The federalists believes that the human tendencies toward ambition and corruption should be dealt with by
creating institutions that made use of those characteristics to produces good outcomes
In Federalist no. 51 what government structure did James Madison recommend to ensure ambition be made to counteract ambition?
separation of powers among the branches of federal government
Originally, Federalists had argued against a bill of rights because they
thought that to list the powers government did not have implied that it had all other powers
The founders adopted a federal system
as a compromise between those who wanted a strong central government and those who wanted to retain strong state governments
What was the Supreme Court’s decision in Barron v Baltimore?
The Bill of Rights did not restrict the actions of state governments
According to incorporation doctrines
the due process clause requires states to abide by provisions in the bill of rights
The establishment clause
prohibits the adoption of an official national religion
The constitutional doctrines that government cannot prohibit free speech or publication before the fact is called
prior restraint
The direct incitement test allows government to limit speech
that is intended and likely to result in imminent lawless action
What are some enumerated First Amendment freedoms?
religion, speech, assembly, petition
According to varios Supreme Court decisions regarding the fourth amendment, what can the police search without a warrant or consent?
a person being arrested
The standard that illegally seized evidence cannot be used at trial is known as the
exclusionary rule
When can someone be tried twice for the same offense?
never
What is an example of a legally obtained confession?
a confession obtained from police questioning after the accused was read her miranda rights
Elections perform all of the following functions
selecting leaders, making political outcomes acceptable to the participants, containing conflict, informing the public
In recent presidential elections voter turnout has been
rising
The primary impact of state voter registration laws has been to
decrease turnout
A party’s effort to inform potential voters and persuade them to vote for that party is known as
voter mobilization
The single biggest factor accounting for how people decide to vote is
party identification
Front-loading is the process of
scheduling presidential primaries earlier in the primary season
The constitution dictates that each state has what for electoral votes?
one elector for each senator and representative
ALl of the following statements concerning the electoral college are true:
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
For candidates the goal of the presidential campaigns is to
mobilize their base and entice swing voter to vote for them
Swing voters are
people who have not made up their minds at the start of the campaign
The procedural character of equality for Americans causes them to argue that equality should be measured as
equality of opportunity
Which of the following statements is true regarding political culture and ideology?
political culture unites us whereas political ideology divides us
The major disagreement among Americans on the ideological economic dimension is over
how much the government should become involved in modifying the effects of the free market
Social conservatives believe
use of government power to encourage and protect traditional family roles
In the US, more americans are ideologically
centrists
Why do many Americans find it difficult to identify themselves as a conservative or liberal?
because they consider themselves a liberal on some issues and a conservative on others issues
LIberterians would oppose the following uses of govt
increasing social equality, managing the economy, reducing immoral behavior, increasing American involvement in spreading democracy around the world
the membership of the Republican Party currently includes the following groups
traditional republicans, the religious right, former southern democrats, moderate republicans
the religious right believes in ___ whereas traditional republicans believe in ___
more regulation of individuals’ lives for the social order, less regulation of individual’s lives
the American political values that favor individual rights and fair procedures
closely resemble what james madison intended with a “republican government”
Who gets what, when and how refers to
politics
Social order
a particular view of how we ought to organize and live our collective lives
power
the ability to get people to do what you want
government
described as a system for exercising authority over a body of people
authority
power that is recognized as legitimate
Rules/who, what, how?
the how
Institutions
organizations where government power is exercised and where political struggle takes place
Procedural guarantees
government assurances that the rules will work smoothly and treat everyone fairly, with no promises of particular outcomes
Substantive guarantees
government assurances of particular outcomes or results
Participatory democracy
theory of democracy that holds that citizens should actively and directly control all aspects of their lives
common law tradition
The legal system that is applied uniformly and based on the accumulated rulings of judges over time
Stare decisis
latin term that refers to the practice of relying on precedent
Adversarial system, the winning side is likely to be
the one with the most skilled attorney
Civil law
law that regulates relations between individuals
Constitutional provisions
only limitation on what statutes may do in the American system is found in
Judicial review
power of the courts to determine the constitutionality of laws
What helps determine which court has jurisdiction
involvement of federal statutes, treaties or constitution, how serious an offense is involved, parties to the case, where the case arose
Lower court decisions
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
How is the US Court of Appeals arranged?
in twelve circuits cover the DC and states
Dual court system
most cases are heard in the state courts
Two major roles of members of Congress
lawmaking and representation
Constituency
the voters in a district that elect a representative
Congressional oversight
a congressional committee’s investigation of the executive and of govt agencies to ensure they are acting as Congress intends
Differences between House and Senate
length of terms, size, role in impeachment
Checks and Balances Congress can use on Executive branch?
approve treaties, approve presidential appointments to federal courts, congressional oversight
Congressional check on judiciary
set up lower federal courts, accept or reject president’s noms to courts, legislation that limits judges’ discretion in imposing sentences on criminals
Why does the leader of the SEnate have less formal authority than the speaker of the house?
majority leaders deals with a smaller chamber and any senator may speak or offer amendments at any time
most of the hard work of considering legislative alternatives and drafting legislation occurs
within congressional standing committees
Most bills introduced in Congress
die by inaction at the committee stage
The legislative agenda is influenced strongly by
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
laissez fiare capitalism
an economic system in which the market makes all decisions and the government plays no role
pluralist
a theory of democracy that holds that citizen membership in groups is the key to political power
Common Sense
1776 pamphlet by Thomas Paine that persuaded many Americans to support the Revolutionary cause
Anti-Federalists
advocates of states’ rights who opposed the Constitution
confederation
a government in which independent states unite for common purpose, but retain their own sovereignty
constitutional convention
the assembly of fifty-five delegates in the summer of 1787 to recast the Articles of Confederation; the result was the U.S. Constitution
Federalism
a political system in which power is divided between the central and regional units
Federalists
supporters of the Constitution who favored a strong central government
Great COmpromise
the constitutional solution to congressional representation: equal votes in the Senate, votes by population in the House
Shay’s rebellion
a grassroots uprising (1787) by armed Massachusetts farmers protesting foreclosures
The Federalist Papers
a series of essays written in support of the Constitution to build support for its ratification
3/5 compromise
the formula for counting five slaves as three people for purposes of representation that reconciled northern and southern factions at the Constitutional Convention
concurrent powers
powers that are shared by both the federal and state governments
Dual Federalism
the federal system under which the national and state governments are responsible for separate policy areas
Gibbons v Ogden
Supreme Court ruling (1824) establishing national authority over interstate business
McCulloch v Maryland
Supreme Court ruling (1819) confirming the supremacy of national over state government
Necessary and Proper Clause
constitutional authorization for Congress to make any law required to carry out its powers
Nullification
declaration by a state that a federal law is void within its borders
Supremacy Clause
constitutional declaration (Article VI) that the Constitution and laws made under its provisions are the supreme law of the land
Why is government necessary?
Keep the peace (police), common defense (military), establish justice (courts, secure liberty and promote general welfare
Legitimate government
must possess authority to compel citizens to pay taxes and obey the law (revenue and coercion)
Liberties
what government cannot do
Rights
what government must do
SEven Year War
Acts/new taxes that eventually led to the American Revolution
Mercantilism
economic theory in Europe from 1500-1700s, led to colonizations
Sam Adams
organized sons of liberty, committees of correspondences, authored rights of colonists, called fro separation from Britain
What did the Boston Tea Party result in?
Intolerable Acts-closed, port, dismantled local govt, criminal trials removed to England, restricted movement, quartering
Which colony did not attend First Continental Congress?
Georgia
When did the First Continental Congress happen?
Philly/sept 5-Oct 26 1774
What happened with the Second Cont. Congress?
INcreased hostility to Britain, appointed washington as CINC, Thomas Paine Common Sense, Richard Henry’s resolution
What did Richard Henry’s resolution do?
Called for independence from Britain
Declaration of INdependence
July 4, 1776, Committee of five-Ben Franklin, John Adams, Robert Livingston, Roger Sherman, Thomas Jefferson
What was the Declaration of Independence based on?
Two treatise of government by John Locke
What were problems in articles of confederation?
lack of nationalism, couldn’t help economic turmoil lack of strong natl government, no provision for judicial system
Shay’s rebellion
led to constitution being ratified in 1787-main point being federalism
What are the 5 principles of American Government?
Federalism, Social COntract, Limited Government, Separation of Powers, Protect liberties and rights
Dred Scot v Sanford
declared Missouri Compromise unconstitutional, congress lacked authority to ban slavery in the territories
What did the 13, 14 & 15 amendments do?
prohibited slavery, granted civil and political power to blacks
16th amendment
authorized congress to enact a national income tax
17th amendment
senators directly elected by the people, removed their selection from state legislators
Marble layer cake federalism
Each layer national and state had clearly defined powers
Incorporation doctrine precedents
gitlow v new york, near v minnesota,
Gitlow v NY
socialist who wanted to overthrow govt does punishing advocacy for overthrowing constitute 1st amendment violation-can forbid if dangerous, clear and present danger
Near v Minnesota
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
Jeffersons wall of Separation letter
don’t mix religion and politics, proper to stay apart
Brandenburg v ohio
imminent lawless action-ku klux klan speech in ohio, found for brandenburg-two pronged direct incitement test-imminent &likely
symbolic speech/symbols
treated as free speech
Tinker vs Des Moines
independent community district 1969-court upheld wearing black armbands vs vietnam war
texas v johnson
flag burning
us v eichman
invalidated congress’ federal flag protection act of 1989
what speech is not protected?
hate speech, unpopular speech, speech zones, libel, slander
NYT v Sullivan
proved libel/slander
Chaplinsky v new hampshire
1942, fighting words
What tests regulate obscenity
roth test & miller test
US v Miller
shotgun w/ barrell less than two inches, cannot say 2nd amendment guarantees that right
DC v Heller
overturned miller, incorporated r2nd amendment right
Brady bill
was a five day wait for AR
4-8 amendments
rights for criminal defendants
Due process
4&14 amendments, arrestees have the right to similar proceedings and protection against unreasonably burdensome govt intrusions
4th amendment
right to be secure in their person, houses, paper and effects against unreasonable searches and seizures
Probable cause
incident to arrest, plain view, suspects reach, of an accused person, police must know and announce themselves before entering
Chandler v Miller
1997-Georgra drug testing person running for office, violated 4th rights, not probable cause
5th amendment
no person held to answer for a capital crime unless a grand jury
Weeks v US
selling lottery tickets through mail, police search w/o warrant, seizure of items violated rights
Mapp v Ohio
1961, obscene materials, police chase found, court said must exclude
What is an exception to the search and seizure clause?
evidence obtained w/o intent to violate rights, good faith, inevitable discovery
Gideon v Wainwright
1965, requested & was refused attorney
Double expectation gap
gap between presidential powers and promises
Head of state
apolitical, unifying role of president as symbolic representative of country
Head of government
the political role of the president as the leader of party and chief arbiter of who gets what
What are the executive powers?
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
What legislative powers does the president have?
state of the union, veto, executive orders
What judicial powers does the president have?
appointments, pardoning, solicitor general,
What precedents did Washington set?
established primacy of national government, held regular meetings with his advisers (cabinet), asserted prominence of chief executive role in foreign affairs, inherent power
Andrew Jackson
strong national leader, expansion of voting to all white males, vetoed a lot, reasserted primacy of national government, kept army to a minimum
LIncoln
argued inherent powers circumvent constitution in a time of war/crisis, expanded army, ordered southern blockade, emancipation proclamation,
William McKinley
used media to connect to base, national campaign, established presidential stronghold in defense and foreign policy, war room, assassinated in 1901
Teddy Roosevelt
Panama Canal, negotiated w/ other countries against war, monroe doctrine
Woodrow Wilson
people’s rep, leadership congress lack in legislation could come from the president, underwood act, federal reserve act, ban on child labor, antitrust
FDR
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
standing
a party’s right to seek redress in court, based on a tangible loss or gain
adversarial system
conflicts settled in competitive setting which parties argue their cases before a judge and sometimes a jury, judge is referee
Inquisitorial system
conflicts settled in a setting in which a judge had the ability to quiz both sides in order to discover the truth
How did the framers treat the judiciary?
left it to congress to design
Article 3
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
Why do judges have lifelong tenure?
So they aren’t subject to whims of politics, public
What are checks on the judiciary?
congress has authority to alter the court’s jurisdiction, congress can propose constitutional amendments, impeach and remove judges, president appoints judges
Basic three tiered court system
Disrtict courts, circuit court (appeal), supreme court
Marbury v Madison
judicial review
Party Activists
the “party faithful”; the rank-and-file members who actually carry out the party’s electioneering efforts
Party Base
members of a political party who consistently vote for that party’s candidates
Party Discipline
ability of party leaders to bring party members in the legislature into line with the party program
Party-in-government
members of the party who have been elected to serve in government
Party-in-electorate
ordinary citizens who identify with the party
astroturf lobbying
indirect lobbying efforts that manipulate or create public sentiment

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