Y103
Terms
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- Government
- The system for implementing decisions made through the political process. The idea of government is significant for several reasons. Governments provide order. Without government, there would be chaos. (Hobbes), an example of politics being everywhere, because the government effects us in everyday life, gives us our freedoms to act in everyday life.
- Factions
- Groups of like minded people who try to influence the government. The significance of factions is that they are the reason the American government is set up the way it is. The US government attempts to negate Tyranny of the Majority. Example of how politics is conflictual, in the sense that there are different factions that have differrent and conflicting goals, like rival groups who have conflict with one another in trying to achieve their different goals.
- Separation of Powers
- The division of government power across the judicial, executive, and legislative branches. This is significant because it is one of the three ways in which the American government attempts to control the effects of factions. An example of how process matters within politics, each power has its own duty, depending on what the issue is it can be taken to a branch and that branch makes their decision on the issue. So the issue is decided which process will be taken, and the process taken by the power decides the definitive result.
- Checks and Balances
- A system in which each branch of government has some power over the others. This is significant because it is one of the three ways in which the American government attemts to control the effects of factions, it shows how politics is conflictual because it is a system set up to handle conflicting ideas/beliefs between the branches.
- Federalism
- The division of power across the local, state, and national levels of government. This is significant because it is one of the three ways in which the American government attemts to control the effects of factions. Allows people to vote with their feet, an example of how politics is everywhere because power is given everywhere across the country.
- Public Goods
- Services or actions (such as protecting the environment) that, once provided to one person, become available to everyone. Government is typically needed to provide public goods because they will be under-produced by the free market. Important because it shows how politics is everywhere, helping to ensure that the economy is flowing for its citizens which effects their everyday life, and providing goods to its citizens such as social security which again effects their everyday lives.
- Collective action problem
- A situation in which the members of a group would benefit by working together to produce some outcome, but each individual is better off refusing to cooperate and reaping benefits from those who do the work. Example of how politics are conflicutal, because government is needed to prevent these situations from happening. Draining the meadow example.
- Free Rider Problem
- The incentive to benefit from others work without contributing that leads individuals in a collective action situation to refuse to work together. Important because it shows how politics is conflictual if the government cant negate this problem, refusal to work together is the conflict.
- Positive externalities
- Benefits created by a public good that are shared by the primary consumer of the good and by society more generally. This is part of the idea that the free market may provide other types of public goods, but they will be underproduced because of this. An example is education-If this was left to the free market many people could not go. Government can provide these services. Example of politics is everywhere, because everyone benefits.
- Politics
- The process that determines what government does. Politics is everywhere, Political Process matters (ability to determine rules empowers the people who make those choices, Dingells rule), and it is conflictual.
- Free Market
- An economic system based on competition between businesses without government interference. Important because this was a defining idea early in our nations history, and is an example of how politics is conflictual because of the competition between businesses that arise within a free market.
- Economic individualism
- The autonomy of individuals to manage their own financial decisions without government interference, important because it is part of our national identity and shows how politics is everywhere because of the political decision to allow people this freedom of being economically independent, and no longer being class based.
- Redistributive Tax Policies
- Policies, generally favored by Democratic politicians, in which taxation is used to attempt to create greater social equality, ie higher taxation of the rich to provide programs for the poor. Policies like these show the three factors of politics, difference in views is conflictual, its everywhere beacause it allocates to the poor, and the process matters because th process in which it is decided can decide who wins the debate.
- Culture Wars
- Political conflict in the US between “red state†Americans who have strong religious beliefs and “blue state†Americans who tend to be more secular. These culture wars also reveal the three factors of politics, shows how politics is everywhere throughout the states, and it shows conflict between the red and blue states and what they believe…not sure on how it shows how process matters.
- Ideology
- A cohesive set of ideas and beliefs used to organize and evaluate the political world. These reveal the three factors of politics, different ideologies show the conflict, the fact that ideologies help to shape specific beliefs such as the conservatives favoring lower taxes is how politics is everywhere, and the process matters because the ideologies that are spread are dependent on the process in which it is done.
- Conservative
- one side of the ideological spectrum defined by support for lower taxes, a free market, and more limited government; associated with republicans. As an ideology, we can see the three factors of politics⬦Again like above difference in opinion, its everywhere b/c conservatives are everywhere, and process of presenting ideas can influence whether people are conservative or liberal.
- Liberal
- one side of the ideological spectrum defined by support for stronger gov programs and more market regulation, associated with Democrats. As an ideology we can see the three factors of politics, same reasons the three are present as for conservatives.
- Libertarians
- Those who prefer very limited gov and therefore tend to be quite conservative on issues such as welfare, environmental, and public support for education, but very liberal on issues of personal liberty like free speech, abortion, and legalization of drugs. Important because the differing beliefs show how politics are conflictual, how politics is everywhere because it is another view on politics, and process matters because they believe that the government should have a more limited role in the process of our lives.
- Melting Pot
- The idea that as different racial ethnic groups come to America, they should assimilate into American culture, leaving their native languages, customs, and traditions behind. Shows how politics is conflictual because of the difference in culture between America and other countries, and shows how politics is everywhere because it is effecting people from different countries.
- Antifederalists
- Those at the Constitutional Convention who favored strong state government over strong national government. Important because it shows how politics is conflictual, the federalists versus the anitfederalists.
- Articles of Confederation
- First attempt to structure an American government, but they swung too far in the direction of a limited government. Written in the summer of 1777. Important because it revealed that the US needed a strong national government with authority over the states, shows how politics is everywhere.
- Bill of Rights
- The first 10 amendments added to the Constitution to protect individual rights and liberties. Important because these amendments are meant for the citizens, it allows us to be individuals and to be truly free, it shows how politics is everywhere because everyday we as citizens exercise these amendments .
- Commerce clause
- Part of Article I, Section 8, of the Constitution that gives Congress “the power to regulate Commerce… among the several states.†Important because it limits what congress is allowed to do with trade between the states, which effects many things such as the economy as a whole. Shows how politics is everywhere.
- “Consent of the governed"
- The idea that government gains its legitimacy through regular elections in which the people living under that government participate to elect their leaders. Important because it is the basis of our government because these elected officials represent the ideas of the many who have elected them, shows how politics is everywhere.
- Constitutional revolution
- A significant change in the Constitution that may be accomplished either through Amendments or shifts in the Supreme Court’s interpretation of the Constitution. Significant because of the effect that the change has on citizens, either expanding or restricting what they can do, shows how politics is everywhere.
- Elastic clause
- Part of Article I, Section 8, of the Constitution that grants Congress the power to pass any law that is related to one of its expressed powers. Important because it gives congress to act as they see fit within its power, gave them the power to implement the draft which had a major effect on the citizens at the time of war. It shows how politics is everywhere.
- Enumerated powers
- Powers explicitly granted to Congress, the president, or the Supreme Court in the first three articles of the Constitution. Important because it gives them their power to act, it gives them their authority and it shows how process matters within politics because depending on the process taken it can fall in or out of these three officials right of power.
- Executive powers clause
- Part of Article II, Section 2, of the Constitution that states, “The executive Power shall be vested in a President of the United States of America.†Important because this power that is given to the president is what makes the position so important to our country. It is what allows him to do the job he is elected to do, and gives him the power to make the decisions which drastically effect the country. It is an example of how process matters based on the election process the president is determined, and shows how politics is everywhere because this power gives him the right to make decisions that affect the lives of all Americans.
- Federalist papers
- A series of 85 articles written by Alexander Hamilton, James Madison, and John Jay that sought to sway public opinion toward the federalists’ It is important because it is political propaganda that swayed people to side with the federalists in giving the national government more power. Shows how process matters within politics the propaganda process helped them win, and it shows how politics is everywhere because the papers were read across the country. Helped to shape the basis of the political propaganda that is seen today.
- Federalists
- Those at the Constitutional Convention who favored strong national government over strong state government. Important because of their efforts and belief that a strong national government was needed, is why the national government today has so much power, and has the ability to overpower the state government. Their efforts shaped today’s society in the sense that there is one overruling power of the nation, not just states with one vote each. Shows how politics is conflictual with federalist versus ant federalists.
- Great Compromise
- A compromise between the large and small states, proposed by Connecticut, in which Congress would have two houses: a Senate with two legislators per state and a House of Representatives in which each state’s representation would be based on population.
- Impeachment
- A negative or checking power of Congress over the other branches allowing them to remove the president, vice president, or other “officers of the United States†for abuses of power.
- Implied powers
- Powers supported by the Constitution that are not expressly stated in it
- Judicial review
- The Supreme Court’s power to strike down a law or executive branch action that it finds unconstitutional.
- Limited government
- A system in which the powers of the government are restricted to protect against tyranny.
- Monarchy
- A form of government in which power is held by a single person, or monarch, who comes to power through inheritance rather than election.
- National supremacy clause
- Part of Article IV, Section 2, of the Constitution state that the Constitution is the “supreme Law of the Land,†meaning national laws takes precedent over state laws if the two conflict.
- Natural rights
- Also known as “unalienable rights,†the Declaration of Independence defines them as, “Life, Liberty, and the Pursuit of happiness.†The founders believed that upholding these rights should be the governments central purpose.
- New Jersey Plan
- In response to the Virginia Plan, smaller states at the Constitutional Conventions offered this plan in which each state would receive equal representation in the national legislature, regardless of size.
- Parliamentary system
- A system of government in which legislative and executive power are closely joined. The Legislature (parliament) selects the chief of executive (prime minister) who forms the cabinet from members of the parliament.
- Pluralism
- The idea that having a variety of parties and interests within a government will strengthen the system, ensuring that no group possesses total control.
- Power of the purse
- The Constitutional power of Congress to raise and spend money. Congress can use this as a negative or checking power over the other branches by freezing or cutting their funding to punish executive agencies.
- Republican democracy
- A form of government in which the interests of the people are represented through elected leaders. Shows how process matters because if it was just a democracy taxes would never be raised.
- Republicanism
- The belief that a form of government in which the interests of the people are represented through elected leaders is the best form of government.
- Three-fifths Compromise
- The states’ decision during the Constitutional Convention to count each slave as three-fifths of a person for the purposes of determining the number of House districts per state based on population.
- Virginia Plan
- A plan proposed by the larger states during the Constitutional Convention in which representation in the national legislature was based on population. The plan also included a variety of other proposals to strengthen the national government.
- Block Grants
- Federal Aid provided to state government to be spent within certain policy area, which the state can decide how to spend within the area. -potential for conflict between national government goal and state goals - Anti-Federalist idea – financial aid to states to be used within a specific policy area, but states still have discretion. There will be a great deal of debate within the state legislature to determine the use of the money, lobbying, argument, etc. 1966 was the first issued one, 23 issued until 1994. Government identifies problem areas and responds to issues with grants (%1.4 national spending on grants in 1979, proportion to GDP about the same as it was)
- Categorical Grants
- Federal aid to state or local governments that is provided for a specific purpose, such as a mass transit program within the transportation budget or a school lunch program within the education budget. -politics is everywhere, every state needs help with transportation and school lunch programs -related to federalism - Aid to the states to be used for specific purposes with strings attached from the national government. Often aimed at a broad national goal; i.e. no child left behind act to boost literacy and education. (Clean Air and Water Act, Disabilities Act, etc)
- Coercive Federalism
- A form of federalism in which the federal government pressures the states to change their policies using regulations, mandates, and conditions. -Conflict between state and national government - National government of ultimate influence, can mandate state or local government to match national policy set by Congress. Uses federal preemptions, or the imposition of national priorities on the individual states. W. Bush’s presidency indicative of shift to Coercive Federalism – massive centralization of power, heavy mandates on states for emergency response, education.
- Commerce Clause powers
- The powers of Congress to regulate the economy granted in Article I, Section 8, of the Constitution. -provides broad powers to Congress -example Sherman anti-trust act 1890 (break up monopolies)
- Competitive federalism
- A form of federalism in which states compete to attract businesses and jobs through policies they adopt. -competition between states -economic crisis⬦etc.
- Concurrent powers
- Responsibilities for particular policy areas, such as transportation, that are shared by federal, sate, and local governments. -Conflict -example: transportation laws, marriage laws, drinking age
- Confederal government
- A form of government in which states hold power over limited national government. -example: Articles of Confederation -leaving a strong central government in England
- Cooperative federalism
- A form of federalism in which national and state governments work together to provide services efficiently. This form emerged in the late 1930s, representing a profound shift toward less concrete boundaries of responsibility in national-state relations.
- Doctrine of interposition
- The idea that if the national government passes an unconstitutional law, the people of the states can declare the law void. The idea provided the basis for southern secession and the Civil War. -Nullification -Conflict between central and state governments, along North and South Lines -It was when the Southern states pushed for broader states' right on issues like slavery and tariffs, which was the basis for the secession and the Civil War
- Dual federalism
- The form of federalism favored by Chief Justice Roger Tany in which national and state governments are seen as distinct entities providing separate services. This model limits the power of the national government. -Example: Barron v. Baltimore case pg. 73 -Process matters, separated national and state government as in Barron vs. Baltimore which said the 5th Amendment only applied to the U.S. Congress and not to State and Local Government
- Federal preemptions
- Impositions of national priorities on the states through national legislation that is based on the Constitution’s supremacy clause. -More power to central government with the use of the Supremacy Clause -No Child Left Behind Act -Conflict between state and national government. National government believes Constitution has certain control over local government expenses; including very expensive environmental laws that most Americans share, but state and local governments don't agree with paying for the bulk
- Fiscal federalism
- A form of federalism in which federal funds are allocated to lower levels of government through transfer payments or grants. -$453 million was given to Alaska at the House-Senate Conference to spend on any transportation project in the state
- Full faith and credit clause
- Part of Article IV of the Constitution requiring that each state’s laws be honored by the other states. For example, a legal marriage in one state must be recognized across state lines. -Important for federalism because it requires some sense of unity between the states. It recognizes other states laws across state borders. It is everywhere because states have to recognize each other’s laws. Examples would be legal marriages and drivers licenses
- General revenue sharing
- A type of grant used in the 1970s and 1980s in which the federal government provided state governments with funds to be spent at each state’s discretion. These grants provided state with ore control over programs. - It is basically handing the states a blank check with no strings attached. It was conflictual because the states had too much money to do with whatever they pleased.
- Picket fence federalism
- A more refined and realistic form of cooperative federalism in which policy makers within particular policy area work together across the levels of government. - every level of government comes together to compromise on laws (conflictual). An example would be tax policy. Other examples are on page 77 in figure 3.1
- Privileges and immunities clause
- Part of Article IV of the Constitution requiring that states must treat non-state residents within their borders as they would treat their own residents. This was meant to promote commerce and travel between states. -This encourages commerce, reduces discrimination and conflict between states (politics is everywhere). An example would be property taxes that are based on residency. They must be the same for everyone who owns property in the state that the property is located, not based on their permanent residence. Example: a land owner cannot be charged different property taxes for a lake cottage in Michigan just because that person lives in Illinois and not Michigan.
- Remedial legislation
- National laws that address discriminatory state laws. Authority for such legislations comes from Section 5 of the 14th Amendment. - Ex: Equal opportunity employer; this shows that politics is everywhere, in that any American citizen can receive equal opportunity employment.
- States’ rights
- The idea that sates are entitled to a certain amount of self-government, free of federal government intervention. This became a central issue in the lead up to the Civil War. - Conflictual because the northern and southern states fought over slavery.
- States’ sovereign immunity
- Described in the 11th amendment, this means that state government cannot be sued in federal court. - Process Matters because of the checks and balances between the federal government (Seminole tribe v. Florida 1996) pg 87
- Unfunded mandates
- process matters because the federal government can control states with the amount of funding they give
- Unitary government
- A system in which the national, centralized government holds ultimate authority. It is the most common form of government in the world.
- Civil Liberties
- Basic political freedoms from governmental abuses of power. One thing is very important to note-there are no absolutes. Civil liberties represent the 3 parts of politics, especially the conflict part and especially today because of the war on terror.
- Civil War Amendments
- The 13th, 14th, and 15th amendments to the constitution which abolished slavery and granted civil liberties and voting rights to freed slaves after the Civil War. This increased the significance of the Bill of Rights greatly. These are significant for two reasons-firstly they expanded civil liberties and secondly due to the due process clause
- Due Process Clause
- Part of the 14th Amendment which forbids states from denying life, liberty, or property to any person without the due process of law. A nearly identical clause in the 5th amendment applies only to the national government. Previously, the states could take away civil liberties, as the 5th amendment only applied to the national government.
- Selective incorporation
- The process through which the civil liberties granted in the Bill of Rights were applied to the states on a case by case basis through the 4th amendment. Anyone can see significance here.
- Clear and Present Danger test-
- Established in Schenk v United States, this test allows the government to restrict certain types of speech deemed dangerous. An example of this is shouting fire in a theatre. Remember-there are no absolutes
- Direct incitement test
- Established in Brandenberg v Ohio, this test protects threatening speech unless that speech aims to and is likely to cause imminent lawless action. This is a response to the clear and present danger test - Speech that incites riots is illegal. Example of politics is everywhere by influencing everyone as to what they say.
- Symbolic speech
- Nonverbal expression, such as the use of signs or symbols. It benefits from many of the same constitutional protections as verbal speech. Armbands and flag burning fall under his category.
- Hate Speech
- Expression that is offensive or abusive, particularly in terms of race gender or sexual orientation. It is currently protected under the 1st amendment. Significance is obvious, as it is for symbolic speech
- Prior restraint
- A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials. This shows that there are limits to freedoms, but the bar for it has been extremely high.
- Gag order
- an aspect of prior restratint that allows the government to prohibit the media from publishing anything related to an ongoing trial.
- Fighting words
- Forms of expression that by their very utterance can incite violence. These are significant because the government can regulate these but they are often difficult to define.
- Slander and libel
- Spoken(slander) or written false statements(libel) that damage a persons reputation. Both are regulated by the government but are often difficult to distinguish from permissible speech.
- Commercial Speech
- Public expression with the aim of making a profit. It has received greater protection under the 1st amendment but remains less protected than political speech. - shows that politics is everywhere in advertisements and commercials (example Joe Camel is illegal because the cartoon character appeals to kids for the cigarette business).
- Miller Test
- Established in Miller v California, Supreme court uses this three part test to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government. However, local community standards were to apply rather than a single national standard.
- Establishment clause
- Part of the first amendment that states Congress shall make no law respecting an establishment of religion, which has been interpreted to mean that Congress cant sponsor or favor any religion.
- Free exercise clause
- Part of the 1st amnendment stating that Congress cannot prohibit or interfere with the practice of religion
- Lemon Test
- Established in Lemon v kurtzman, the Sureme Court uses this test to determine whether a practice violates establishment clause. If a practice 1) did not have a secular legislative purpose, 2) advanced or inhibited religion, or 3) fostered an excessive government entanglement with religion is was not allowed. This has not been completely abandoned, although cases have moved away from it.
- Due Process Rights
- The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a persons life liberty or property without due process. Other specific rights are found in the 4-6 and 8 amendmends. These include right to a fair trial, right to loyal, etc.
- Exclusionary rule
- The principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial. The landmark case was the Dollree Mapp case. This is protected by the 4th amendment.
- Miranda Rights
- The list of civil liberties described in the 5th amendment that must be read to a suspect before anything the suspect says can be used in a trial. These rights are (right to remain silent, anything you say can and will be used against you in court, you have the right to talk to a lawyer and have him present during questioning, if you cant afford a lawyer one will be appointed to you.)
- Double jeopardy
- Being tried twice for the same crime. This is prevented by the 5th amendment. - A part of the 5th Amendment that says an individual cannot be tried for the same crime twice. This reflects politics is a process. This term also demonstrates that politics is everywhere because in certain cases civil liberties are at stake (the OJ Simpson Trial and the Rodney King Case).
- Privacy rights
- Liberties protected by several amendments in the bill of rights that shield certain personal aspects of citizens lives from government interference such as the 4th amendments protection against unreasonable searches and seizures.