Shays' Rebellion – Farmer rebellion in Massachusetts 1786-1787 protesting mortgage foreclosures and terrible economy. Rebellion represented how weak the central government was, and terrified many Americans
Sharing powers between state and federal governments
Inherent powers
Powers dealing with foreign policy not in constitution, but given to federal government. Ex. regulating immigration, acquiring territory, and ending labor strikes
Federal Powers
Regulate interstate commerce
Coin/print money
Provide army
Declare war
Establish federal courts
Set foreign policy
Make all laws "necessary
Federal and state powers (concurrent)
Levy taxes
Spend for general welfare
Enact and enforce laws
State Powers (reserved)
Regulate intrastate commerce
Establish local governments
Establish public schools
Administer elections
Establish licensing requirements
Writ of habeas corpus
Court order demanding that a warden or other public officer produce an individual at court to show a valid reason the individual has been detained
Bills of attainder
A legislative act that targets a specific person or group of people, declares them guilty of a crime, often without a trial, and imposes punishment
Expost facto laws
"After the fact", laws that make an act illegal after it was performed
Take care clause
President must enforce all laws passed by congress
How to amend constitution
1. ⅔ of congress propose amendments ¾ of states ratify it
2. State convention called by ⅔ of states propose amendments ¾ of states ratify (only been used once, 21st amendment)
Libertarianism
Belief in very small government and extreme focus on individual and business rights, no regulation of industry
Political Efficacy
Belief that you can participate in politics, or that government will respond (my vote counts)
Civic Duty
Belief that one has an obligation to participate in civic and political affairs
Primary elections
Open primaries - people from either party can vote (must choose to vote for either democrats or republicans)
Closed primaries - people can only vote if they are a registered member of the party
Referendum
People vote on whether or not to accept a law passed by state legislature, or a proposed amendment to the state constitution
Recall
Voters remove elected officials
States have electoral votes equal to number of senators + number of representatives
The Media
Referred to as the 4th estate (branch) of government because of its huge impact
Federal Election Campaign Act
Set limits on individual contributions to candidates
Limited how much money is spent by candidates (later ruled unconstitutional in Buckley v. Valeo)
Individuals must disclose contributions
Set up option to use public financing of presidential funds
Candidates could spend infinite amounts of hard money
Interest groups and individuals got around FECA by donating to parties (soft money)
McCain-Feingold Act
Limited soft money
Still allowed PACs and interest groups to spend infinite amounts of money on issue advocacy
Currently, groups are free to spend infinite amounts of money on issue advocacy, as long as they do not say the name of a specific candidate
House Rules Committee
Determines whether bills have closed rule (no amendments, time limit on debate) or open rule (open to relevant, germane amendments, no time limit)
Administration (postal service delivering mail, social security administration sends out social security checks)
Regulation (epa sets out standards for clean air and water)
Presidential oversight
The president controls the agencies' budget access
President appoints heads to departments and can issue executive orders
Congressional oversight
Congress can create/abolish agencies
Senate confirms all presidential appointees to the bureaucracy
Congress must authorize agencies to spend money
Congress must also appropriate (fund) all government agencies and programs
Congress may use committee clearance - the ability of a committee to review and approve decisions of agencies
Congress may hold committee hearings to hold agencies responsible
Congress may also launch investigations of the bureaucracy
Congress can punish agencies by cutting their funding
Stare decisis
A rule or law contained in a judicial decision is viewed as binding on judges whenever the same question is raised "let the decision stand"
Writ of certiorari
Orders a lower court to deliver its record in a case so that the higher court may review it
Litmus test
An examination of the political ideology of a nominated judge so the president can decide to appoint them or not
Senatorial courtesy
A tacit agreement among senators not to vote for any presidential nominee who is opposed by the senators from the nominee's home state
Informapauperis
A cheaper means for poor people to have their cases heard in federal court for free
Sovereign immunity
Rule that citizens cannot sue the government without the government's consent
AmicusCuriae
Brief submitted by a third party "friend of the court" (typically an interest group) to give outside opinion
Due Process Clause
Denies government the right to deny people of life, liberty, or property without due process of law (trial)
Tools federal reserve uses to keep economy stable
Requires banks to keep certain amounts of money reserved, to slow growth the fed raises reserve requirements and to increase growth the fed decreases the reserve requirement
Interest rate the fed charges on banks when they borrow money
Government bonds
Progressive Taxation
A tax system that forces people with higher incomes to pay a larger fraction of their income than do people with lower incomes
Regressive Taxation
A tax system in which people with lower incomes pay a higher fraction of their incomes than do people with higher incomes