Unit 1
Power that allows Congress to expand their power into any area that relates to their listed power
What is the necessary or proper clause? (elastic clause)
Drawing a congressional district to favor one political party over another
What is gerrymandering?
Cannot be tried for the same crime twice
What is Double Jeopardy?
Being able to choose and make decisions for oneself
What is individualism?
Ads against an opposing candidate or political party
What is an attack ad?
STORY: Tennessee had not redistricted in 60+ years and it had districts of unequal size
What is Baker v. Carr?
Power cited by Congress when they want to regulate anything that is bought or sold in interstate or foreign trade
What is the commerce clause?
Foreign policy deal where Congress needs to approve it by a 2/3 majority
What is a treaty?
Prevents the government from limiting religious beliefs and practices (kind of)
What is the Free Exercise Clause?
an individual's beliefs about the role of government
What is political ideology?
Person who votes based on their own best interest
Who is a rational choice voter?
RULING: The Supreme Court held that the students still have free speech rights at school - "students don't shed their rights at the schoolhouse gates"
What is Tinker v. Des Moines?
2. National government could not call out the army
3. National government could not regulate interstate or foreign trade
4. National government could not create its own currency
What are problems with the Articles of Confederation?
A ruling made in an earlier case that is used to apply to a later case
What is precedent?
Has served as the basis for most civil rights and discrimination challenges
What is the Equal Protection Clause?
Everyone, even leaders must obey rules of society
What is rule of law?
an election where a party realignment takes place
What is a critical election?
STORY: Parents refused to send their children to school after the 8th grade since they did not agree with high school attendance as part of their religion. They were later charged under a state law that required students to attend school until age 16
What is Wisconsin v. Yoder?
Type of federalism where feds and states generally did their own thing and left each other alone, but Congress did expand some commerce powers
What is dual federalism?
Foundational document that argued that multiple executives could blame each other for bad things that are done. A single executive can be held more accountable and it's less expensive to have only one.
What is Federalist #70?
A requirement that any evidence found during an illegal search or seizure cannot be used to try someone for a crime.
What is the exclusionary rule?
Reserve Requirement for banks and discount rates are examples of this type of policy
What is monetary policy?
Relationship between an interest group, congressional committee, and a bureaucratic agency. Make policies favored by the group
What is an iron triangle?
What is McDonald v. Chicago?
People make an agreement with their government. The government agrees to protect their basic rights and they agree to obey the laws. It is breakable if the government does not fulfill its part
What is a social contract?
When the Congress is controlled by one party and the Presidency by another - makes it hard to advance an agenda or get people appointed.
What is divided government?
Created following Schenck v. US- speech that imposes a threat
What is the Clear and Present Danger Test?
Set of polling data taken at the beginning of a poll - all later data is compared to it.
What is a benchmark poll?
Limited to donating 5000 per election per candidate (adj for inflation) Can give 10000 in a two election cycle (primary and general election)
What is a political action committee?
STORY: A 527 group made a movie critical of Hillary Clinton before the 2008 election. They were told they couldn't air it because it was an advocacy ad and the BCRA limited advertising before elections.
What is Citizens United v. FEC?
States must give all citizens the same rights they give to residents of their states
What is the privileges and immunities clause?
Aims to resolve dispute between a federal agency and a private party
What is administrative adjudication?
Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional - President Nixon attempted to use this in the SCOTUS case New York Times v. United States
What is prior restraint?
Congress raising and lowering taxes and government spending to impact demand to fix unemployment and inflation is example of this type of policy
What is fiscal policy?
Such organizations can raise unlimited funds from individuals, corporations or labor unions, but they must register with the IRS and disclose their contributions and expenditures.
What is a 527 group?
DECISION: The 6th Amendment's right to counsel applies to state court defendants via the 14th Amendment. The Court stated that because the right of counsel is fundamental, it should be incorporated into the states
What is Gideon v. Wainwright?