Term
| Source of Conflict in American Politics |
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Definition
| Diverse society - conflicting interests/needs - conflicting policy preference |
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Term
| Process Matters (Importance of rules/procedures to political process) |
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Definition
| control rules - control outcome - process/rules determine how gov. decisions are made - mechanism for solving political conflicts |
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Term
| Advantages "home rule" gave to colonies |
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Definition
| elected officials with experience in local governanceand writing constitutions |
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Term
| Disadvantages "home rule" gave to colonies |
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Definition
| no experience with regulating commerce, independent military, foreign relations, working together |
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Term
| Restraining & Coercive Acts |
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Definition
closed portion of Boston (main economic supply)
dissolved Massachusetts assembly (insult)
troops quartered in colonial homes
Americans sent to England for trials |
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Term
| Problems with Articles of Confederation |
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Definition
could not: raise taxes, money for war
states free-riding: refused to pay debt
negotiating treaties: each state hadseparate trade agreements
each state had own currency
Congree couldn't keep national peach: Shay's rebellion (hunt people trying to take over state) |
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Term
| Article 1 of Constitution |
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Definition
Legislative branch:
Bicameral congress
House: seats based on state pop. - larger states more powerful, 2 yr terms
Senate: 2 seats per state - equal representation, 6 yr terms
Compromise between large and small states |
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Term
| Article 2 of Constitution |
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Definition
Executive Branch:
Debate over head executive:
-Hamilton wanted king, others wanted weak executive
-solution:electoral collage - votes based on reps in Congress, state decided how electors selected
-indep. executive - veto power (2/3 majority to override), impeachment (difficult to remove)
-yet limited powers - can't declare war, senate approval(ambassadors & treaties, executive appointments) |
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Term
| Article 3 of Constitution |
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Definition
Judiciary:
-supreme court justices:appointed by president, approved by senate
-lower courts created by Congress (structured judicial system)
Judicial Review: overturn fed. laws
-not part of original Const. |
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Term
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Definition
-majority vs. minority rule
-separation of powers
-Federalism: further divided power
-no group has absolute majority
-prevent large states from dominating small
-single executive with limited power
-federal power enumerated, limited
-slaves: 3/5 of person
-N. return slaves to S.
-Gentleman's agreement: Anti-feds. agreed not to block ratification
-not all happy, but got something
-legacy of founding fathers
+conflict inevitable
+compromise necessary |
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Term
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Definition
| from judicial review, legislation could be determined constitutional or unconstitutional |
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Term
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Definition
| soveraign power divided acress political units (national, state, local gov.) |
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Term
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Definition
national & state powers distinct
& separate, Congress regulates Army, states determine drinking age, national only do what is enumerated |
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Term
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Definition
| when states can't handle their problems - natural disasters, poverty, unemployment |
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Term
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Definition
| answers questions relating to ambiguous power of Congress on the "necessary and proper clause" |
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Term
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Definition
forced to rethink, states couldn'thandle poverty and unemployment, feds had more resources so they took lead
feds take over areas normally left to states, states cooperate, boundaries b/w political units blurred, ambiguity in Const. |
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Term
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Definition
| "To regulate Commerce with foreign Nations, and AMONG the several states..." |
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Term
| Necessary and Proper Clause |
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Definition
| Feds can do anything if deemed necessary and proper |
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Term
| Change from Dual to Cooperative Federalism |
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Definition
| feds have ambiguous power over states, states end up with leftover power |
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Term
| McCulloch vs. Maryland (1819) |
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Definition
-combines Necessary and Proper with Supremacy clause
-show connection to interstate commerce, can act as it pleases, uninsured affects interstate commerce |
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Term
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Definition
| NY & NJ fighting over monopoly of shipping company, Congress, not states regulates commerce, together: rational for shifting authority & commerce clause central to expansion of fed. power |
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Term
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Definition
| Gun free school zone act of 1990, Congress - school shootings affect interstate commerce - can't show real connection except dead kids can't buy stuff |
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Term
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Definition
| weighs gov. powers against indiv. liberties, balances state power against personal rights. Indiv. right to demonstrate, gov. right to maintain order - permits required |
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Term
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Definition
| only have to choose some parts of Bill of Rights to be applied to state laws, judicial interp. of "due process" |
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Term
| Substantiative Due Process |
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Definition
| judiciary keeps executive and legislative power in check |
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Term
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Definition
| socialist printed leaflets for enlisted men, clear and present danger test, speech subject to context of siuation |
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Term
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Definition
| "time, place & manner" test - regulations must be content neutral, provide alternative means of exercising speech |
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Term
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Definition
| flag burning legal, cross burning - "viewpoint discrimination", context matters: African-American lawn-intimidating/illegal, KKK rally-plitical speech/legal |
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Term
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Definition
| words that incite "immediate breech of the peace", person/group must be target |
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Term
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Definition
| false statements that harm reputations of others, public figures less protected, private more protected |
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Term
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Definition
| prohibited if: concerns illegal activity, misleading advertisement, regulation advanges "substantial gov. interest" & is not excessive |
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Term
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Definition
| Community standards,Roth & Miller |
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Term
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Definition
| community standards - I'll know it when I see it. |
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Term
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Definition
| material can be banner if: appeals to pruriat interests, is "patently offensive", work as whole lacks "serious literary, artistic, political or scienticif value." |
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Term
| Lemon vs. Kurtzman (1971) |
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Definition
| "secular, legislative purpose", "primary effect...neither advances nor inhibits religion", no "excessive gov. entanglement with religion." |
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Term
| Board of Edu. vs. Grumet (1994) |
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Definition
| neutrality standard for public financing of religious activities - consistantly maintain "separation of church and state", most cases involve coercion or endorsement, private prayer allowed and encouraged |
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Term
| Consistancy of Supreme Court on prayer in school |
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Definition
| inconsistant: sometimes ok, some not |
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Term
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Definition
gov. cannot ban expliitly religious acts
gov. can ban acts not explicitly religious |
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Term
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Definition
prevent written/recorded speech prior to being published
-NY Times & Pentagon papers
+court prohibits prior restraint in most cases
+gov. huge burden to defend
+mostly when troops immediately affected |
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Term
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Definition
| illegal search and seizure |
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Definition
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Term
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Definition
| right to councel, handwritten appeal, speedy trial, impatial jury |
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Term
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Definition
| point to general concept of privacy - against seizures and searches, read/discuss ideas |
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Term
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Definition
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Term
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Definition
trimester standard:
-1st: prohibited regulation
-2nd: regulation to protect health/safeto of mother
-3rd: allowed complete bans |
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Term
| Planned Parenthood vs. Casey |
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Definition
| "undue burden" - require health of mother exemption |
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Term
| Bowers vs. Hardwick (1986) |
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Definition
| Georgia ban - sodomy, Const. doesn't protect |
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Term
| Lawrence vs. Texas (2003) |
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Definition
| sodomy law targeted homosexuals explicitly, court overturned ban 6-3 |
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Term
| Lawrence vs. Texas (2003) |
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Definition
| sodomy law targeted homosexuals explicitly, court overturned ban 6-3 |
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Term
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Definition
strict scrutinizing
-diff. for gov. to justify
+compelling interest to regulate
+regulation narrowly tailored
-ratial
intermediate scrutiny
-gov. must show regulation promotes "important gov. objective" and "subtantially related" to achievment of objectives
-gender
rational basis
gov. doesn't have to have reason, court can make it up
-LGBT |
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Term
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Definition
strict scrutinizing
-diff. for gov. to justify
+compelling interest to regulate
+regulation narrowly tailored
-ratial
intermediate scrutiny
-gov. must show regulation promotes "important gov. objective" and "subtantially related" to achievment of objectives
-gender
rational basis
gov. doesn't have to have reason, court can make it up
-LGBT |
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Term
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Definition
| immutable, list of discriminations against group, unable to affect change through poilcy |
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Term
| Delegates who wrote Wyo. Const. |
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Definition
49 delegates:
-few ranchers
-half w/ college degrees
-37% lawyers |
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Term
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Definition
| few original ideas, borrowed from US or other states, selective borrowing, libertarian and egalitarian in nature |
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Term
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Definition
| 1st state w/ equal rights for women - can vote and hold office |
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