AP Government Amendments and Concepts Part 7

Constitutional process for removing executive officers & judges for "treason, high crimes & misdemeanors" (whatever Congress thinks is impeachable). Two stages: (1) House decides to impeach (accuse) target (simple majority); (2) Senate holds trial to convict (2/3 majority). Andy Johnson and Bill Clinton were impeached but not convicted. Nixon resigned as Articles of Impeachment were being drafted!

The President's self-declared power to keep executive communications confidential, especially if they relate to national security. Informal amendment to Constitution (by tradition). Can lead to conflict with other branches (Watergate).

Person holding office after his or her replacement has been elected to the office, but before the current term has ended. Lame Duck Presidents may find it hard to influence Congress (why work with a guy who is about to leave?)

The lifting of government rules & restrictions on business, industry, and professional activities; major goal of Republicans

Process of ending government services and allowing the free market (private firms) to provide the service. Purpose = reduce government spending & provide more efficient services. Example = abolishing the postal service. Supported by Republicans.

The ability of an agency to determine how it will execute (carry out) laws. Major source of independent power for agencies. (Ex. The FDA decides how to determine safety of food & drugs, the U.S. Attorneys decide whether or not to prosecute suspects)

Regulations & orders from the President to an agency about how to execute a law. They are one of the ways presidents can try to control the bureaucracy.

A federal legislative agency that audits (investigates) other agencies of the federal government and reports it's findings to Congress (makes sure they are not spending more money than the government has appropriated for them).

The power of Congress to oversee how laws are carried out ("watchdog function" to prevent fraud & waste). Carried out through committee hearings & investigations, approprations process (how much are we spending on that program again?), GAO..

Gives all citizens the right to inspect all records of federal agencies except those containing military, intelligence, or trade secrets; increases accountability of bureaucracy

Requires financial disclosure for elected public officials and placed 1 year restriction on former government officials' lobbying activities (the revolving door problem)

Federal trial courts. Limited jurisdiction (primarily to hear cases involving constitution and/or federal law). Must follow Supreme Court & their Circuit Court precedents (stare decisis). Federal government represented by U.S. Attorney's Office.

Intermediate federal appellate courts. Cover 13 "circuits" across America. Hear appeals from District Courts in their jurisdiction.

Final federal appellate court ("court of last resort"). Hears appeals from Circuit Courts (certiorari petition / rule of 4). Only hears "important" constitutional cases.

The jurisdiction of courts to hear a case for the first time (trial). Trial courts (District Courts in federal system) assess the facts in a case and the issue the first decision (guilt, innocence). Supreme Court has OJ over disputes between 2 states.

The jurisdiction of courts to hear appeals from lower trial or appellate courts. Appellate courts determine whether cases were decided correctly by the court below. Circuit courts have mandatory AJ (they have to hear appeals from District Courts). Supreme Court has discretionary AK (they can choose to hear appeals from Circuit Courts and State Supreme Courts).

Senate will not confirm a presidential nomination for a position within a state (ex., District Court Judge) without the consent of the senior senator of the President's party from that state. Informal amendment to appointment process (by tradition)

The President may remove any appointed federal officer whenever he wants for any reason. However, the Supreme Court has upheld Congressional limits on removal power for Independent Commissioners (can only be removed "for cause").

Federal department responsible for enforcing federal laws (includes FBI, Civil Rights Division, Antitrust Division, Drug Enforcement Administration...)

Head of the Justice Department and the chief law enforcement officer of the United States

Senior Justice Department attorney. Decides what cases the government will appeal to the Supreme Court, files amicus briefs with the Supreme Court in cases the government is interested in, and represents the United States before the Supreme Court.

Government lawyer that represents the US government at the district court level (trials).

Rule of judicial self restraint to limit power of judicial review; the Court will only consider real controversies including real, adverse parties (no advisory opinions)

Supreme Court intervenes in battle between President Nixon and Congress (impeachment process). President cannot use executive privilege as an excuse to withhold evidence in impeachment process. Leads to Nixon's resignation.

An order by the Supreme Court saying that it will hear a certain case (rule of 4). Granted in cases that raise important constitutional questions or where circuit courts have reached different opinions on a particular issue.

How the Supreme Court decides whether to hear a case. Requires four or more justices to "grant certiorari" (agree to hear an appeal). Supreme Court agrees to hear <1% of cases.

The list of cases that the Supreme Court has agreed to hear (granted certiorari to) in a term (usually 70-100 cases)

The stage in Supreme Court proceedings in which attorneys for both sides appear before the Court to present their positions and answer questions posed by the justices. Good theater (for law nerds).

Literally, a "friend of the court" brief, filed by an individual or interest group to present arguments / points of view in addition to those presented by the immediate parties to a case (lobbying). Solicitor General files Amicus Briefs for U.S. government.

The argument that judicial review is problematic because it allows unelected judges to overrule the decisions of elected representatives, thus undermining the will of the majority.

The power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional. Established in Marbury v. Madison (informal amendment to Constitution)

Chief Justice John Marshall famously announces the existence of the power of judicial review: the power of the Supreme Court to declare laws and actions of local, state, or national governments unconstitutional.

A philosophy of judicial decision-making whereby judges allow their personal views about public policy (liberal or conservative) to guide their decisions. Activist judges are comfortable declaring laws unconstitutional.

A philosophy of judicial decision-making whereby judges give significant deference to the decisions made by elected representatives in the legislative and executive branches. Restrained judges are uncomfortable declaring laws unconstitutional.

A decision in a previous court case that is used as the basis for a decision in a similar case.

"Let the decision stand"; the principle that cases should be decided in ways consistent with similar prior cases. Promotes consistency & fairness.

The right & power to make decisions in a particular area. Federal courts are courts of limited jurisdiction. Before a federal court can hear a case it must establish that it has the power to hear this type of case (primary jurisdiction is to hear cases involving the federal constitution and/or federal law).

One who brings a court action against another (the complainer)

The state or federal government attorney in a criminal case.

An individual or group being sued by a plaintiff or charged with a crime by a prosecutor.

The losing party in a court case who appeals the case to an appellate court.

The party opposing an appeal from a lower court to an appellate court.

Laws dealing with private rights of individuals (defamation, breach of contract, negligence). Violation results in damages or injunction.

Laws dealing with offenses against society (murder, rape, arson). Prosecuted by the government, violation results in fines or prison sentences

A sum of money paid in compensation for loss or injury in a civil case

A judicial order to a party to do or stop doing something (example: a restraining order to stay away from a specific person).

The process by which a political party nominates ("selects") a candidate to run in a general election.

A meeting of important party members to select party candidates. Attacked as corrupt and anti-democratic so not used anymore.

Election to select party's candidate for each office. It is now the main way of selecting party candidates. Most democratic method and simpler than caucus. Greatly weakens the power of party leaders and increases power of ordinary voters.

Only registered party members can vote in the party primaries. Maximum party control over process, used in most state primaries.

Anyone can vote in any party primaries (but can only vote in the primaries of one party). Less party control over process. May cause raider effect.

A group of individuals with broad common interests who organize to nominate candidates for office, develop a party platform (policy goals), win elections, and run government

2 main parties (because of electoral rules) with other smaller and less powerful third parties (spoiler, splinter, extremist)

Electoral district with only one representative (single member). The representative is whoever wins a plurality of the votes in a general election (no run-off elections). Senate and House districts are SMPDs. Discourages third parties, leads to two-party system.

Most common state system for allocating electoral college votes (candidate with the most votes wins all of the electoral votes of that state). Used in all but 2 states. Maximizes states' influence in electoral process but completely ignores votes for losing candidates (undemocratic).

Minority state system for allocating electoral college votes (used in ME & NE). The winner of each congressional district is awarded that district's electoral vote, and the winner of the state-wide vote is awarded the state's remaining two electoral votes. More accurately reflects voter will, but reduces states' influence in electoral process.

Any political party that appears as an alternative to the two main parties of the Democrats and the Republicans. Often extremist, single-issue or candidate-centered. Not major feature of US political system because of winner-take-all electoral system. Can have spoiler effect (Nader in 2000) or are absorbed into major party (Tea Party in 2008).

When a 3rd party candidate takes enough votes away from one of the main party candidates to make him/her lose the election. Ex., Ralph Nader & Green Party may have caused Al Gore to lose 2000 election to George Bush.

Changes in the two party system (either a new party replaces old party or coalitions that make up the two main political parties change over time). "Hard realignment" occurs in one critical election (ex., Republicans replace the Whigs in 1860), "soft realignment" occurs or over time (ex., African Americans switch from Republican Party to Democratic Party during Civil Rights Era)

Election in which existing patterns of party loyalty shift. Ex. Northern Democrats switch parties in 1860 to vote for Republican Party (Lincoln).

A lessening of the importance of party loyalties in voting decision (more independent voters, more split ticket voting, more divided government). Perhaps occurring now?

Voting for one party for one office and for another party for other offices. Frequent among independent voters; leads to divided government.

When policymaking institutions of government (President, Senate, House) are divided among the parties (e.g., Democratic President, Republican Congress). Requires more compromise; can lead to gridlock.

Get-out-the vote activities (grassroots organization). Can be very unorganized. The initial point of entry for those seeking involvement in politics (volunteers, organizers, or candidates)

Links local level to national level. State committee (still mostly volunteer but might have an office, some paid positions). Major jobs are (1) to hold primary elections to select candidates; (2) to support state level candidates in general elections; and (3) to influence platform of National Party.

Headed by President and/or National Chairperson. Main function (limited) is to hold the national convention to select the presidential candidate & write the party platform.

National party organization that, with Congressional leaders and President, runs party affairs between national conventions, (DNC and RNC, each is headed by a chairperson).

The meeting of party delegates every four years to choose a presidential ticket and write the party's platform. Brokered Convention occurs if no candidate has won a majority of delegates in state primaries & caucuses.

Person responsible for the day-to-day activities of the party, usually hand-picked by the presidential nominee.

A political party's statement of its goals and policies for the next four years, created at National Convention. Lofty rhetoric and specific legislative goals. Can cause splintering (example: southern whites abandoned Democratic Party in 1948 when it adopted a pro-civil rights plank.

Anyone can vote in any party primaries (like open primary) but voters not limited to one party (can vote for example in Democratic presidential primary and Republican senate primary). Least amount of party control over process.Declared unconstitutional (violates party's freedom to associate)

Democratic party leaders (superdelegates) secure nomination of VP Hubert Humphrey even though he did not compete in any state primaries. Controversy led to the Fraser-McGovern Commission and related reforms.

A Democratic Party commission after 1968 that made changes to delegate selection process for National Convention to make the nomination process more democratic (by using primaries & ending superdelegates) and introduced affirmative action policy in delegate selection (more women & minorities).

"Unpledged Delegates" (usually important party members) at national party convention (about 20% of total delegates) who, unlike "pledged delegates" selected in primaries or caucuses, are not committed to a particular candidate. Used by party leaders to retain some control over candidate selection. Can be important in close races (like Obama vs. Hillary Clinton in 2008)

The tendency of states to move their primaries & caucuses earlier in the calendar in order to maximize their impact on nomination process (bandwagon effect).

Party members that vote at the National Convention to select the party candidate for president. Pledged delegates follow the wishes of voters in primaries and caucuses. Unpledged "superdelegates" vote for whoever they want.

Nomination process is too long and too expensive. One reform idea is to have a single national primary on one day (but this would require runoff election and would hurt less well known candidates who need time to establish their candidacy)

First major federal law (1971) to regulate federal elections. Created Federal Election Commission (FEC). Required disclosure of sources of campaign funds (transparency), set limits on contributions to candidates (individuals = $1000, PACs = $5000), spending limits for candidates, limits on independent expenditures.

A committee set up by a corporation or interest group to raise and funnels money to political candidates. Donation amounts to PACs are limited by FECA rules (hard money).

1974 campaign finance case declared some federal limits on campaign contributions in FECA violated First Amendment (ex. maximum spending limit and limits on candidates' spending their own money).

Qualified presidential candidates can receive matching federal funds in primary and set amount to spend on general elections (but cannot raise & spend additional money). Attempt to limit campaign spending & corruption but rejected by Obama in 2008 (too easy to raise more money by contributions)

Money that is not subject to campaign finance limits and regulation by the FEC. All money before FECA was soft money. FECA shut down unlimited contributions to candidates so soft money flowed to political parties. McCain-Feingold shut down soft money contributions to political parties so now unlimited contributions flow to 527s and Super-Pacs.

Banned soft money donations to political parties (loophole from FECA); also imposed restrictions on 527 independent expenditures (issue ads only, not direct advocacy for a candidate). Declared unconstitutional by Citizens United case. Also known as McCain-Feingold Act.

Electioneering by third parties (527s or SuperPacs) to help a candidate get elected (without coordinating with candidates). Protected by Supreme Court in Citizens United as free speech and so cannot be limited by federal law.

A 2010 decision by the United States Supreme Court holding that independent expenditures are free speech protected by the 1st Amendment and so cannot be limited by federal law. Leads to creation of SuperPACs & massive rise in amount of third party electioneering (Citizens for a Better Tomorrow, Tomorrow)

One of the two major modern American political parties. It emerged in the 1850s as an antislavery party and consisted of former northern Whigs and antislavery Democrats. Now the party is conservative (pro-life, anti-affirmative action, anti-too much government intervention, anti-taxing on the rich, pro-death penalty)

One way for a state party to select delegates to send to the National Convention. Consists of a series of meetings (local, county, state) among party members (no "open caucuses").

Government or business policies favoring a historically disadvantaged minority group (university admissions, hiring decisions); raises 14th Amendment equal protection problems (reverse discrimination); limited by Bakke v. University of California (race can be "plus factor" in admissions but no racial quota system)

Mobilize party base (ideologues)
Focus on key interest groups (group benefit voters)
Focus on candidate's personality / experience (image voters)
Spin the last four years (retrospective / nature-of-the-times voters)

Negative ad attacking opposing candidate (ex., swift boat veterans, willie horton); proliferating with independent SuperPAC spending (you ain't seen nothin' yet!)

5-4 Supreme Court declared that Florida vote recount violated equal protection clause (some votes would be examined more closely than others); ended Gore's challenge to 2000 election results. Power of judicial review (effectively decided 2000 election).

An independent organization set up to influence the outcome of an election; can receive unlimited "soft money" donations but cannot directly advocate for a particular candidate or have any connection to a candidate. Rendered obsolete by Citizens United.

Equal protection clause requires "one man, one vote" principle for redistricting (legislative districts must be roughly equal in population)

Demographics: Racial minorities, Jews, Women (gender gap), Labor Unions, Poor
Ideology: Center-left coalition... support liberal economic & social policies (government aid, gay marriage, no death penalty, tax on wealthy). (liberalism is a dirty word in America)

Demographics: White, Protestants, Corporations, Rich
Ideology: Conservative (cut taxes, cut spending, emd welfare, support traditional marriage...). Center-right coalition (more conservative than Democratic Party is liberal, especially with rise of Tea Party faction since 2008)

About 50-60% of eligible voters in Presidential elections; much less in midyear elections (30-40%)

Incumbent= current office-holder running for re-election. Incumbent reelection rates VERY high (90+%); higher in House than Senate b/c Senate has stronger challengers. Incumbents lose because of scandal, general anti-incumbent anger...

Constitutional Amendment (won't happen)
Proportional allocation of electors (reduces importance of state)
Tell electors to vote for winner of national popular vote?

Electors that don't vote for the person they promised to vote for;
Occurred 156 times (never affected outcome of election)
Major problem with Electoral College

Quote or "snippet" from politician's speech used by media to represent whole speech. Used by candidates to spread message (slogan); Used by media to avoid serious (boring) discussion of issues.