American Government 1 Study Guide Ch. 4-1
American Government 1 Study Guide Ch. 4-1 POLS 115
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Erik Arnold Bloomgren
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This 14 page Study Guide was uploaded by Erik Arnold Bloomgren on Thursday March 31, 2016. The Study Guide belongs to POLS 115 at University of North Dakota taught by John Staley in Winter 2016. Since its upload, it has received 31 views. For similar materials see American Government in Political Science at University of North Dakota.
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Study Guide American Government Ch. 411 Civil Liberties to Congress Terms CH. 4 Civil Liberties Actual MaliceEither knowledge of a defamatory statement’s falsity or a reckless disregard for the truth ArraignmentThe first act in a criminal proceeding, in which the defendant is brought before a court to hear the charges against him or her and enter a plea of guilty or not guilty Commercial speechAdvertising statements, which increasingly have been given First Amendment protection Defamation of characterWrongfully hurting a person’s good reputation. The law imposes a general duty on all persons to refrain from making false, defamatory statements about others Establishment clauseThe part of the First Amendment prohibiting the establishment of a church officially supported by the national government. It determines the legality of giving state and local government aid to religious organizations and schools, allowing or requiring school prayers, and teaching evolution versus creationism Exclusionary ruleA judicial policy prohibiting the admission at trial of illegally obtained evidence Free exercise clauseThe provision of the First Amendment guaranteeing the free exercise of religion. The provision constrains the national government from prohibiting individuals from practicing the religion of their choice Gag orderAn order issued by a judge restricting the publication of news about a trial or pretrial hearing to protect the accused’s right to a fair trial Imminent lawless action testThe current standard established by the Supreme Court for evaluating the legality of advocacy speech. Such speech can be forbidden only when it is “directed to inciting…imminent lawless action” Incorporation theoryThe view that most of the protections of the Bill of Rights apply to state governments through the Fourteenth Amendment’s due process clause LibelA written defamation of a person’s character, reputation, business, or property rights Prior restraintRestraining an activity before it has actually occurred. When expression is involved, this means censorship Public figureA public official or any other person, such as a movie star, known to the public because of his or her position or activities SlanderThe public uttering of a false statement that harms the good reputation of another. The statement must be made to, or within the hearing of, a person other than the defamed party Symbolic speechExpression made through articles of clothing, gestures, movements, and other forms of nonverbal conduct. Symbolic speech is given substantial protection by the courts Writ of habeas corpusHabeas corpus means, literally, “you have the body.” A writ of habeas corpus is an order that requires jailers to bring a prisoner before a court or a judge and explain why the person is being held CH. 5 Civil Rights Affirmative actionA policy in educational admissions and job hiring that gives special attention or compensatory treatment to traditionally disadvantaged groups in an effort to overcome present effects of past discrimination Civil disobedienceA nonviolent, public refusal to obey allegedly unjust laws Civil lawThe law regulating conduct between private persons over on criminal matters, including contracts, domestic relations, and business interactions Civil rightsGenerally, all rights rooted in the Fourteenth Amendment’s guarantee of equal protection under the law Common lawJudgemade law that originated in England from decisions shaped according to prevailing customs. Decisions were applied to similar situations and thus gradually became common to the nation Criminal lawThe law that defines crimes and provides punishment for violations. In criminal cases, the government is the prosecutor De facto segregationRacial segregation that occurs because of past social and economic conditions and residential racial patterns De jure segregationRacial segregation that occurs because of laws or administrative decisions by public agencies FelonyA serious crime punishable in most jurisdictions by a prison sentence longer than one year FeminismThe movement that supports political, economic, and social equality for women Gender discriminationAny practice, policy, or procedure that denies equality of treatment to an individual or to a group because of gender Grandfather clauseA device used by southern states to disenfranchise African Americans. It restricted voting to those whose grandfathers had voted before 1867 Intermediate scrutinyThe standard used by the courts to determine whether a law or government action improperly discriminates against women. Also known as exacting scrutiny Literacy testA test administered as a precondition for voting, often used to prevent African Americans from exercising their right to vote MajorityThe age at which a person is entitled by law to the right to manage her or his own affairs Poll taxA special tax that had to be paid as a qualification for voting. In 1964, the Twenty fourth Amendment to the Constitution outlawed the poll tax in national elections, and in 1966 the Supreme Court declared it unconstitutional in state elections as well Rational basis reviewThe standard used by the courts to determine the constitutionality of a law or government action if neither strict scrutiny nor intermediate scrutiny applies Reverse discriminationThe situation in which an affirmative action program discriminates against those who do not have a minority status Separatebutequal doctrineThe doctrine holding that separatebutequal facilities do not violate the equal protection clause of the Fourteenth Amendment to the U.S. Constitution Sexual harassmentUnwanted physical or verbal conduct or abuse or a sexual nature that interferes with a recipient’s job performance, creates a hostile work environment, or carries with it an implicit or explicit threat of adverse employment consequences Strict scrutinyA judicial standard for assessing the constitutionality of a law or government action when the law or action threatens to interfere with a fundamental right or potentially discriminates against members of a suspect classification SuffrageThe right to vote; the franchise Suspect classificationA classification, such as race, religion, or national origin, that triggers strict scrutiny by the courts when a law or government action potentially discriminates against members of the class White primaryA state primary election that restricted voting to whites only. It was outlawed by the Supreme Court in 1944 Ch. 6 Public Opinion and Political Socializtion Agenda settingDetermining which publicpolicy questions will be debated or considered ConsensusGeneral agreement among the citizenry on an issue Divided opinionPublic opinion that is polarized between two quite different positions Fairness DoctrineA Federal Communications Commission rule enforced between 1949 and 1987 that required radio and television to present controversial issues in a manner that was honest, equitable, and balanced FramingEstablishing the context of a polling question or a media report. Framing can mean fitting events into a familiar story or activating preconceived beliefs Gender gapThe difference between the percentage of women who vote for a particular candidate and the percentage of men who vote for the candidate Generational effectThe longlasting effect of the events of a particular time on the political opinions of those who came of political age at that time House effectIn public opinion polling, an effect in which one polling organization’s results consistently differ from those reported by other poll takers MediaThe channels of mass communication Opinion leaderOne who is able to influence the opinions of others because of position, expertise, or personality Opinion pollA method of systematically questioning a small, selected sample of respondents who are deemed representative of the total population Peer groupA group whose members share common social characteristics. These groups play an important part in the socialization process, helping to shape attitudes and beliefs Political socializationThe process by which people acquire political beliefs and values Political trustThe degree to which individuals express trust in the government and political institutions, usually measured through a specific series of survey questions Public opinionThe aggregate of individual attitudes or beliefs shared by some portion of the adult population Sampling errorThe difference between a sample’s results and the true result if the entire population had been interviewed Socioeconomic statusThe value assigned to a person due to occupation or income. An upper class person, for example, has high socioeconomic status Ch. 7 Interest Groups BoycottA form of pressure or protest, an organized refusal to purchase a particular product or deal with a particular business Climate controlThe use of public relations techniques to create favorable public opinion toward an interest group, industry, or corporation Direct techniqueAn interest group activity that involves personal interaction with government officials to further the group’s goals Free rider problemThe difficulty interest groups face in recruiting members when the benefits they achieve can be gained without joining the group Indirect techniqueA strategy employed by interest groups that uses third parties to influence government officials Interest groupAn organized group of individuals sharing common objectives who actively attempt to influence policymakers Labor movementThe economic and political expression of workingclass interests Latent interestsPublicpolicy interests that are not recognized or addressed by a group at a particular time LobbyistAn organization or individual who attempts to influence legislation and the administrative decisions of government Material incentiveA reason or motive based on the desire to enjoy certain economic benefits or opportunities Public interestThe best interests of the overall community; the national good, rather than the narrow interests of a particular group Purposive incentiveA reason for supporting or participating in the activities of a group that is based on agreement with the goals of the group. For example, someone with a strong interest in human rights might have a purposive incentive to join Amnesty International Service sectorThe sector of economy that provides servicessuch as health care, banking, and educationin contrast to the sector that produces the goods Social movementA movement that represents the demands of a large segment of the public for political, economic, or social change Solidary incentiveA reason or motive that follows from the desire to associate with others and to share with others a particular interest or hobby Ch. 8 Political Parties DealignmentA decline in party loyalties that reduces longterm party commitment Democratic PartyOne of the two major American political parties evolving out of the Republican Party of Thomas Jefferson Divided governmentA situation in which one major party controls the presidency and the other controls one or more chambers of Congress, or in which one party controls a state governorship and the other controls part or all of the state legislature Electoral CollegeA group of persons, called electors, who are selected by the voters in each state. This group officially elects the president and the vice president of the U.S. GOPNickname for the Republican Party; stands for grand old party IndependentA voter or candidate who does not identify with a political party National committeeA standing committee of a national political party established to direct and coordinate party activities between national party conventions National conventionThe meeting held every four years by each major party to select presidential and vice presidential candidates, write a platform, choose a national committee, and conduct party business Party identificationLinking oneself to a particular political party PartyingovernmentAll of the elected and appointed officials who identify with a political party PartyintheelectorateThose members of the general public who identify with a political party or who express a preference for one party over another Party organizationThe formal structure and leadership of a political party, including election committees; local, state, and national executives; and paid professional staff Party platformA document drawn up at each national convention, outlining the policies, positions, and principles of the party PatronageThe rewarding of faithful party workers and followers with government employment or contracts PluralityA number of votes cast for a candidate that is greater than the number of votes for any other candidate but not necessarily a majority Policy demandersIndividuals or interest group members who participate in political parties with the intent to see that certain policies are adopted or specific groups favored Political partyA group of political activists who organize to win elections, operate the government, and determine public policy RealignmentA process in which a substantial group of voters switches party allegiance, producing a longterm change in the political landscape Republican PartyOne of the two major American political parties. It emerged in the 1850s as an antislavery party and consisted of former northern Whigs and antislavery Democrats Reverseincome effectA tendency for wealthier states or regions to favor the Democrats and for less wealthy states or regions to favor the Republicans. The effect appears paradoxical because it reverses traditional patterns of support Splinter partyA new party formed by a dissident faction within a major political party. Often, splinter parties have emerged when a particular personality was at odds with the major party Splitticket votingVoting for candidates of two or more parties for different offices, such as voting for a Republican presidential candidate and a Democratic congressional candidate State central committeeThe principal organized structure of each party within each state. This committee is responsible for carrying out policy decisions of the party’s state convention Straightticket votingVoting exclusively for the candidates of one party Swing votersVoters who frequently swing their support from one party to another Third partyA political party other than the two major political parties TippingA phenomenon that occurs when a group that is becoming more numerous over time grows large enough to change the political balance in a district, state, or country Twoparty systemA political system in which only two parties have a reasonable chance of winning Whig PartyA major party in the United States during the first half of the nineteenth century, formally established in 1836. The Whig Party was antiJackson and represented a variety of regional interests Ch. 9 Campaigns and Elections Australian ballot A secret ballot prepared, distributed, and tabulated by government officials at public expense. Since 1888, all states have used the Australian ballot rather than an open, public ballot CaucusA meeting of party members to select candidates and propose policies Closed primaryA type of primary in which the voter is limited to choosing candidates or the party of which he or she is a member Coattail effectThe influence of a popular candidate on the success of other candidate on the same party ticket Credentials committeeA committee used by political parties at their national convention’s to determine which delegates may participate. The committee inspects the claim of each prospective delegate to be seated as a legitimate representative of his or her state Direct primaryA primary election in which voters decide party nominations by voting directly for candidates ElectorA member of the Electoral College, which selects the president and vice president. Each state’s electors are chosen in each presidential election year according to state lays Federal Election Commission (FEC)The federal regulatory agency with the task of enforcing federal campaign laws. As a practical matter, FECs role is largely limited to collecting data on campaign contributions Focus groupA small group of individuals who are led in discussion by professional consultant in order to gather opinions on and responses to candidates and issues FrontloadingThe practice of moving presidential primary elections to the early part of the campaign to maximize the impact of these primaries of the nomination FrontrunnerThe presidential candidate who appears to be ahead at a given time in the primary season General electionAn election open to all eligible voters, normally held on the first Tuesday in November, that determines who will fill various elected positions Hatch ActAn act passed in 1939 that restricted the political activities or government employees. It also prohibited a political group from spending more than 3 million in any campaign and limited individual contributions to a campaign committee to 5,000 dollars Independent expendituresNonregulated contributions from PACs, organizations, and individuals. The funds may be spent on advertising or other campaign activities, so long as those expenditures are not coordinated with those of a candidate Indirect primaryA primary election in which voters choose convention delegates, and the delegates determine the party’s candidate in the general election Invisible primaryThe preprimary campaign to win supporters among elected officials, fund raisers, interest groups, and opinion leaders Issue advocacyAdverting paid for by interest groups that support or oppose a candidate or a candidate’s position on an issue without mentioning voting or elections Midterm electionNational elections in which candidates for president are not on the ballot. In midterm elections, voters choose all members of the U.S. House and onethird of the members of the U.S. Senate Officeblock, or Massachusetts, ballotA form of general election ballot in which candidate for elective office are grouped together under the title of each office. It emphasizes voting for the office and the individual candidate, rather than for the party Open primaryA primary in which any registered voter can vote (but must vote for candidates of only one party) Partycolumn, or Indiana, ballotA form of general election ballot in which all of a party’s candidates for elective office are arrange in one column under the party’s label and symbol. It emphasizes voting for the party, rather than for the office or individual Political action committee (PAC)A committee set up by and representing a corporation, labor union, or special interest group. PACs raise and give campaign donations Political consultantA paid professional hired to devise a campaign strategy and manage a campaign Presidential primaryA statewide primary election of delegates to a political party’s national convention, held to determine a party’s presidential nominee Primary electionAn election in which political parties choose their candidates for the general election RegistrationThe entry of a person’s name onto the list of registered voters for elections. To register, a person must meet certain legal requirements of age, citizenship, and residency Soft money Campaign contributions unregulated by federal or state law, usually given to parties and party committees to help fund general party activities SuperdelegateA party leader or elected official who is given the right to vote at eth party’s national convention. Superdelegates are not selected at the state level Super PACA political organization that aggregates unlimited contributions by individuals and organizations to be spent independently of candidate committees Voteeligible populationThe number of people who, at a given time, enjoy the right to vote in national elections Voter turnoutThe percentage of citizens taking part in the election process; number of eligible voters that actually “turn out” on election day to cast their ballots Votingage populationThe number of people of voting age living in the country at a given time, regardless of whether they have the right to vote Ch. 10 The Media AggregatorA Web site that provides search and aggregation services, but creates little or no original content BiasAn inclination or preference that interferes with impartial judgement BlogFrom Web log. A Web site where an individual or group post regular updates on their ideas or experiences Content providerOn the Internet, an individual or organization that generates original content Internet Service Provider (ISP)A company or organization that provides Internet connectivity to end users or to servers Network neutralityThe principle that an ISP should treat all Internet traffic equally PodcastingA method of distributing multimedia files, such as audio or video files, for downloading onto mobile devices or personal computers PrimingA way in which the media can alter public perceptions of an issue—by embedding that issue in particular examples or stories Public agendaIssues that are perceived by the political community as meriting public attention and governmental action Sound biteA brief, memorable comment that easily fits into news broadcasts SpinAn interpretation of campaign events or election results that is favorable to the candidate’s campaign strategy Spin doctorA political campaign adviser who tries to convince journalists of the truth of a particular interpretation of events Ch.11 The Congress Agenda settingDetermining which publicpolicy questions will be debated or considered AppropriationThe passage, by Congress, of a spending bill specifying the amount of authorized funds that actually will be allocated for an agency’s use AuthorizationA formal declaration by a legislative committee that a certain amount of funding may be available to an agency. Some authorizations terminate in a year; others are renewable automatically without further congressional action BicameralismThe division of a legislature into two separate assemblies CaseworkPersonal work for constituents by members of Congress Conference committeeA special joint committee appointed to reconcile differences when bills pass the two chambers of Congress in different forms ConstituentA person represented by a legislator or other elected or appointed official Continuing resolutionA temporary funding law that Congress passes when an appropriations bill has not been declared by the beginning of the new fiscal year on October 1st Discharge petitionA procedure by which a bill in the House can be forced (discharged) out of a committee that has refused to report it for consideration by the House. The petition must be signed by an absolute majority (218) of representatives and is used only on rare occasions EarmarksSpecial provisions in legislation to set aside funds for projects that have not passed an impartial evaluation by agencies of the executive branch. Also known as pork Enumerated powerA power specifically granted to the national government by the Constitution. The first seventeen clauses of Article 1, Section B, specify most of the enumerated powers of Congress Executive budgetThe budget prepared and submitted by the president to Congress Fall reviewThe annual process in which the OMB (Office of Management and Budget), after receiving formal federal agency requests for funding for the next fiscal year, reviews the requests, makes changes, and submits its recommendations to the president FilibusterThe use of the Senate’s tradition of unlimited debate as a delaying tactic to block a bill First budget resolutionA resolution passed by Congress in each May that sets overall revenue and spending goals for the following fiscal year Fiscal year (FY)A twelvemonth period that is used for bookkeeping, or accounting, purposes. Usually, the fiscal year does not coincide with ste calendar year. For example, the federal government’s fiscal year runs from October 1 through September 30th GerrymanderingThe drawing of legislative district boundary lines for the purpose of obtaining partisan advantage. A district is said to be gerrymandered when its shape is manipulated to determine which party will win it Hastert Rule A rule adopted by Republicans in the U.S. House, under which a Republican Speaker will not bring a measure to the floor for a vote unless it has support of a majority of the Republican Party Instructed delegate legislator who is an agent of the voters who elected him or her and who votes according to the views of constituents regardless of personal beliefs Joint committeeA legislative committee composed of members from both chambers of Congress LawmakingThe process of establishing the legal rules that govern society Majority leader of the HouseThe majority leader of the House of Representatives is selected by the majority party in caucus to foster cohesion among party members and to act as spokesperson for the majority party in the House Minority leader of the HouseThe party leader elected by the minority party in the House OmbudspersonA person who hears and investigates complaints by private individuals against public officials or agencies. OversightThe process by which Congress follows up on laws it has enacted to ensure that they are being enforced and administered in the way Congress intended President pro temporeThe temporary presiding officer of the Senate in the absence of the vice president ReapportionmentThe allocation of seats in the House to each state after a census ReconciliationA special rule that can be applied to budget bills sent from the House to the Senate. Reconciliation measures cannot be filibusted RedistrictingThe redrawing of the boundaries of the congressional districts within each state RepresentationThe function of members of Congress as elected officials representing the views of their constituents as well as larger national interests Rules CommitteeA standing committee of the House that provides special rules under which specific bills can be debated, amended, and considered by the House Second budget resolutionA resolution passed by Congress in each September that sets “binding” limits on taxes and spending for the following fiscal year Select committeeA temporary legislative committee established for a limited time period and for a special purpose Senate majority leaderThe chief spokesperson of the majority party in the Senate, who directs the legislative program and party strategy Senate minority leaderThe party officer in the Senate who commands the minority party’s opposition to the policies of the majority party and directs the legislative program and strategy of his or her party Seniority systemA custom followed in both chambers of Congress specifying that the member of the majority party with the longest term of continuous service will be given preference when a committee chairperson (or a holder of some other significant post) is selected Speaker of the HouseThe presiding officer in the House of Representatives. The speaker is always a member of the majority party and is the most powerful and influential member of the House Spring reviewThe annual process in which the Office of Management and Budget (OMB) requires federal agencies to review their programs, activities, and goals and submit their requests for funding for the next fiscal year Standing committeeA permanent committee in the House or Senate that considers bill within a certain subject area Trusteea legislator who acts according to her or his conscience and the broad interests of the entire society Whipa member of Congress who aids the majority or minority leader of the House or the Senate
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