Midterm Flashcards

(85 cards)

1
Q

“Restraining” Judges

A

View judiciary as the third lesser branch.
Only overturn the other branches when absolutely necessary

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2
Q

“Activist” judges judicial role

A

View judiciary as the co equal branch
Could overturn the other branches in warranted
Recently - conservative judges

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3
Q

Voluntary Cooperation

A

i.e libertarina saying ppl that want to pay for the roads to get fixed should (no one ever does)

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4
Q

Visual primary

A

More likely to remember images than words

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5
Q

Uanimous Consent Agreement

A

Agreement on any question/matter before the senate that sets aside a rule of procedure to expedite proceedings
I.e. inacting people into defense roles (READing)

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6
Q

Us constitutions vs State constitutions

A

State constitiutions are more easily changed

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7
Q

Tyranny of the Majority

A

When the majority of ppl go against constituents
i.e. NC republicans overriding Roy Cooper’s veto of the 12 week abortion ban

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8
Q

Two faces of power

A
  1. Abilitiy to influence decisoins (DIRECT)
    2.Ability to influence agenda (indirect)
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9
Q

Trustee Representative

A

The representative does what it believes is best for its constituents

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10
Q

Theoretical Framework

A

Lenses of analysis

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11
Q

Textualism

A

Interpretation should be based on the ordinary meaning of the legal text, no consideration is given to non-textual sources (i.e. intention of the law, problem it was intended to remedy, whether law is just/correct)

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12
Q

Term limits

A

Instead of life time appointments for justices. move into a long single term
Bc of increased polarization, physical and mental health etc

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13
Q

Tangible Policy

A

Shape our attitudes about target gorups and policy
Policies that:
1. Direct and recurrent experience with
2. Policies that are intended to change broad views

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14
Q

Symbolic representation

A

Descriptive representation devoid of substantive impact (i.e. blue eyes)

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15
Q

Surrogate representaton

A

Representation w/out an electoral relationship
i.e. a gay person in a republican represented district might not feel representated they can reach out to a blue district to speak their truth

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16
Q

Supremacy Clause

A

Federal laws + constitutions trumps state laws + constitutions

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17
Q

Super Majority

A

way more than 50%
like 2/3s of the group

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17
Q

Substantive Representation

A

Elected representative has the same policy orientation as the constituents

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18
Q

Simple Majority

A

More than 50% of those present and voting

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19
Q

Social Constructions Theory

A

Policymakers take stock of characteristics of groups (stereotypes and political power) to make and justify their policy making decisions
Policies get implemented/developed
Policies have a direct effect on targets but also have ramifications for how they understand themselves/role of gov
Ppl feel empowered/disempowered to participate in politics
Policy makers take stock of characteristics…

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20
Q

Shadow Docket

A

Use of emergency orders and summary decisions w/out oral arguments and usually w/out explanation
Usually used for “routine” orders, during trump admin used a lot bc of suing

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21
Q

Separations of Powers

A

Executives - not to weak; electoral college( org. individuals vote for electors, who vote for prez, now: individuals vote for prez, electoral selected by which party won)
Legislative- 2 branches w dif modes of elections w/ dif constituencies and dif incentives
Judiciary- weakest by designs SCOTUS nomed by prez for life

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21
Q

Separation of powers (judiciary)

A

SCOTUS has moved from being the weakest branch to an equal branch bc congress has voluntarily given up power

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22
Q

Self government

A

PPL should self govern (hoover), function of gov is to build cooperation

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23
Retention
Judges run unopposed for office in which ppl vote yes or no to keep the judge
24
Responsible Parties
Make policy commitments to the electorate Willing and able to carry them out when in office Develop alternatives to gov policies when out of office Differ significantly b/w themselves to provide the electorate w/ range of choices
25
Reserved power
Powers not delegated to the US by the constitution/Prohibited by it are reserved to the states respectively
26
Rationality Principle
All politicial behavior has a purpose All poli cators engage in instrumental acts designed to further their individual goals
27
Purposes of Constitutions
Embody a Fresh Start Organize political power Provide a normative grounding Limit Powers
28
Priming
Changes the standards ppl use to make evaluations
29
Preemption
Law passed by higher authority takes precedence over a lower authority law. Dems - floor preemption Rep- Ceiling preemption
30
Position Taking
Legislators announce their positions, regardless of if those positions are possible or feasible Floor speeches Press releases Tweets
31
Political efficacy
Citizens trust in their ability to change the governments and belief that they understand and influence political affairs
32
Policymakers Goal
To get reelected
33
Plurality
Not really a majority but the most
34
Pluralism
Multiple groups competing for political decisions Compromise and Consensus
35
Path dependancy
Past events/decisions constrain later events/decisions often in significant and disaproprtionate
36
Partisan Judiciary Elections
Judges elected by the people and the candidates are listed on the ballot along a political party association
37
Originalism (judicial interp)
Interpretation should be based on what reasonable persons living at the time of its adoption would have understood the ordinary meaning of the text to be
38
Non partisan Judiciary Elections
Judges still elected by the people but without a political affiliation next to their name
39
New/Regulated Federalism
1980s-Now Fed gov provides block grants to states to resolve social issues (affordable housing) Fed gov monitors the outcomes, states are allowed greater discretion for how programs are implemented
40
Mayhew's Three Election-Seeking Activites
Advertising, Position Taking, and Credit Claiming
41
Marburg v. Madison
Judicial review American courts have the power to strike down laws and statutes they find to violate the constitution of the United States Used more frequently in modern decades
42
Majority minority district
Majority of constituents are minorities
43
Living constitutionalist
The constitution holds a dynamic meaning meaning, evolving and adapting to new circumstances w/out being formally amended Develops alongside needs of society, contemptuous views should be taken into account when interpreting constitutional phrases
44
Legislative Checks & Balances
Bicameralism : the two chambers have different rules but have to pass identical bills Filibuster- mostly just the threat; senators have the right to unlimited debate
45
Judicial role
Attitude a judge had toward other branches of gov
46
Judicial interpretation
General approach a judge takes towards decision making
47
Judicial ideology
only able to predict how a judge rules 57% of the time
48
Judicial Review
Checks and Balances Power of the court to determine if a statue,treaty, or administrative regulation violates provisions of existing law state constitutions or the us constitution
49
Implied power
implicit power based on other explicit powers "General Welfare clause" and "necessary and proper clause"
50
Implicit Bias
the bias in judgment and/or behavior that results from subtle cognitive processes that often operate at a level below conscious awareness and w/out intentional control
51
Immunites
Protects fundamental rights of individual citizens and restrains state efforts to discriminate against out of state ppl
52
Gridlock
Difficulty pasing lawa bc the votes are evenly divided or in which 2 legislative chambers/executive are from different parties/cant agree
53
Full faith and credit
Each state should respect other states laws and jdugements
54
Fennos Concentric circles
Geographic -all voters in the district Re-election - supporters- who is likely to vote for me Primary - Strong supporters - who is going to work for me Personal - intimates - family, trusted advisors
55
Feed Forward effect
public and media want tougher drug policies Politicians increase severity of prohibition Prohibition generates unintended negative outcomes Negative outcomes attributed to drugs (not policy) Drugs perceived negatively Back to the beginning When effects of policy usually bad? lead to policy???
56
Federalism
Hierarchy’s system of government where power is shared between federal and sub-governments
57
Fed v Anti Fed Role of Government
Fed : more power to fed government, dividing branches of gov, single exec Anti-fed: more power to the states, legislature to have more power than exec, feared strong exec, Bill of Rights
58
Factions
Number of citizens united by a common impulse of passion, interest or adverse to the rights of other citizens/ interest of the community
59
Expansionist (Career phases)
When a policymaker tries to grow their voter margin
60
Essentialism
Assumption that being in a certain group will make u behave in a certain way
61
Executive Checks & Balances
Executive Orders Vetoes
62
Elite Theory
Society is made up those who have power (corporate,political, and military) vs those who don’t (the masses) Heterogenous, non elites can become elites Elites have different resources and a vested interest in gov
63
Dual Federalism
1789-1930s Separate and distinct roles States are allowed to excercise the limited powers granted to them with little/no interference from the fed gov Layer cake federalism
64
Deviants
Low in Political power and constructions (I.e. smokers,criminals, illegal immigrants)
65
Dependents
Weak power positive constructions (I.e. children,teachers,elderly)
66
Delegate representation
Representative does what the constituents want
67
Dead letters
Law/agreement that has lost its force/authority i.e. NC's ban on same sex marriage
68
Credit Claiming
ensuring constituents know their policymakers’ accomplishments Via any platform: town halls, remarks Cosponsoring/ sponsoring legislation Blocked legislation
69
Court Packing
Changing the size of SCOTUS (I.e. no confirmation hearing after Scalia’s death seat was vacant for 400+ days)
70
Cooperative Federalism
FDR 1930s- Johnson 1970s Power shared equally to solve shared, often momentous, problems collectively Lines b/w the 2 gov’s powers are blurred “Marble cake federalism”
71
Contenders
High in power negative constructions (I.e. Big business, pharmaco, big banks)
72
Committee
Most bills die here Activities : hold hearings, provide markups, issue reports
73
Cloture
ending a filibuster Requires a supermajority
74
Burdens and benefits
Basis on how groups are socially constructed
75
Biased and Fake News
The efforts by certain new sites to portray the “truth” in order to further political agendas
76
Basic Functions of Gov
Providing Security, Offering Services, Serving the Public Good, and Managing and Resolving Conflict
77
Agenda Setting
Bringing issues to the forefront of people’s mind Most Important Issue Zero Sum Game
78
Advertising
Disseminate ones name among constituents in such fashion as to create a favorable image but in messages having little/no issue content I.e attending events in the district, writing letters offering congratulations/condolences
79
Advantaged group
High in political power and positive constructions I.e. small business owners, doctors, military
80
Absolute
More than 50% +1 of people eligible to vote
81
Framing
Necessary tool to reduce complexity Presenting information in a way that resonates with underlying ways of thinking,culture, etc.
82
Descriptive representation
Elected representative should represent not only the expressed preferences of their constituencies but also of their politically relevant descriptive characteristics
83
5 Constitutional Compromises
Great Compromise (Virginia Plan, New Jersey Plan) Three-Fifths Compromise Commerce Compromise Compromise on the Trade of Enslaved People Election of the President