Government Exam 1

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government

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the formal vehical through which polocies are made and affairs of state are conducted

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citizen

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member of the political community to who certain rights and obligations are attached

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politics

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the study of who gets what, when, and how policy decisions are made

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monarchy

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a form of government in which power is vested in hereditary kings and queens who govern in the interest of all

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totalitarianism

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power resides in a leader who rules according to self interest and w/o regard for individual rights and liberties

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oligarchy

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the right to participate is conditioned on the possesion of wealth, social status, military position, or achievement; a few govern the majority

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democracy

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gives the power to teh people, whether directly or inderectly through elected representatives

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Mayflower Compact

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document written by pilgrims while at sea enumerating the scope of their government and expectations of citizens

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social contract theory

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(proposed by Hobbes and Loche) the belief that people are free and equal by natrual right, and that this in turn requires that all people give their consent to be governed (helped influence Dec. Ind)

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direct democracy

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a system of governmetn in which members of the party make political decisions rather than elected representatives

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indirect democracy (representative)

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a system of government that gives citizens teh opportunity to vote for represtatives who will work on their behalf

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republic

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a government rooted in the consent of teh governed; rep/indirect dem (educated and wealthy were responsible)

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political culture

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commonly shared attitudes, beliefs, and core values about how government shouls operate, emphasizes values of: individual and religious...

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personal liberty

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the main characteristic of the U.S. democracy. Initially meaning freedom from government interference, today it includes demands for freedom to engage in a variety of practices w/o gov interferences or discrimination

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equality

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the principle that all citizens are equal in political process

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popular sovereignty

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the notion that ultimate authority in society rests w/in the people

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natural law

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government should be run by certain ethical principles that can be understood by reason

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civil society

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the society created when citizens are allowed to organize and express their views publically as they engage in an open debate about public policy

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political ideology

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the coherent set of values and beliefs people hold about the purpose and scope of governmnent

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libertarian

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on who favors a free market economy and no governmental interference in personal liberaties

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conservative

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one who believes that a government is best when it governs least; big government can infringe on individual, personal, and economic rights

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social conservative

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one who believes that traditional moral teachings should be supported adn furthered by the government

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liberal

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one who favors governmental involvement in the economy and in the provission of social services

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American Dream

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an American ideal of a happy successful life, which often includes wealth, a house,a nd good life for children

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mercantilism

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an economic theory designed to increase a nation's weath through the development of commercial industry and a favorable balance of trade

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Stamp Act Congress

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meetin of teh representatives of nine of thirteen colonies held in NYC in 1765, during which representatives drafted a document to send to the King listing how their right had been violated

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Commitees of Correspondence

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molders of public opinion against the British, abreast of developments with British

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First continental Congress

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adopted a resolution to King's coercive acts, iron out differences with king

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Second Continental Congress

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build up army, push for independence

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Articles of Confederation/confederation

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type of government where teh national governement derives its powers fromt he states; a league of independent states

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Shay's Rebelion

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A 1786 rebellion in which a army of 1,500 angry farmers led bye Shay marched to springield MS forcibly restrained the state court from foreclosing mortgages on their farms

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consitution

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a document establishing the sturcture, funcions, and limitatations of a governmetn

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Stamp Act Congress

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meeting of the representatives of nine of thirteen colonies held in NYC in 1765 during which representatives drafted a document to send to the King listing violated rights

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Commitees of correspondence

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molders of public opinion against the british, abreast of developments with the british

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First Continental Congress

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1774 adopted a resolution in opposition to coercive acts, iron out differences with King

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Second Continental congress

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1775 army should be raised G. Washington=commander and chief, pushed for independence

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Declaration of Independence

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document drafted by Jefferson in 1776 that proclaimed the right of the American Colonies to seperate from Great Britian

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Articles of confederation/confederation

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was to create a loose league of friendship with national power coming from the states, a league of independent states

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Shay's rebellion

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1786, rebellion in which a army of 1,500 angry farmers led by Daniel Shays marched to springfield massachusettes, and forcibly restrained the state court from foreclosing mortgages on their farms

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constitution

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a document establishing the sturcture, functions, and limitations of a government

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Virginia Plan

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first general plan in the framework of constitution that call for a bicameral legislature, and an executive and judicial branch chosen by the national legislature

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New Jersey Plan

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Second plan towards constitution that called for a unicameral legislature, judicial representatives that would be appointed for life, one vote per state, congress with the ability to raise revenue

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Great Compromise

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The final decision of framework that created a two house legislature, judicial representatives for life, ability to raise revenue, and the power split between two house, lower house elected by the people (National Law=Supreme)

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3/5 Compromise

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Each slave would represent 3/5 of a person when taken into account for the population of a state when determining the representation in the House of Representatives

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Separation of Powers

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a way of dividing teh power among the 3 branches, each staffed independently

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Checks and Balances

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gave some degree of oversight and control over the action of other branches

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Federal System

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Plan that power was divided between state and national government

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Enumerated Powers

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Listed in Article 1 Sec 8 of constitution that listed the specific powers of the Congress

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Necessary and Proper

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The final paragraph of Article 1 Sec 8 that gave congress the authority to pass all laws that are necessary and proper to carry out

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Implied Powers

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powers derived from enumerated and necessary and proper laws to consider laws that are reasonable implied through the exercise of delegated powers

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Full faith and Credit clause

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mandates states to honor the laws and judicial proceedings of other states

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Supremacy Clause

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Article 6 states that National Law is supreme

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federalists

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those who favor a stronger government, supported constitution

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anti-federalists

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those who favor a stronger state, opposed constitution

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federalist papers

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a series of 85 political papers written by hamilton, madison, and jay in support of ratification of constitution

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Bill of Rights

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The first ten amendments to U.S. Constution which guaranteed specific right and liberties to citizens

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unitary system

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system of government where the local and regional governments derive all authority from a stron national government

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Tenth Amendment

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the final part of the bill of rights that defines the basic principle of federalism in stating, "The powers are not delegated to U.S. by the constitution, but by the states, or respectively the people

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reserve (poilice) powers

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states right to legislate for the public health and warfare of citizens

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confurrent powers

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authority passed by bothe the state and national government that may be exercised concurrently as long as the power is not exclusively within the scope of the national power or in conflict with national law

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bill of attainder

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a law declaring an act illegal w/o a judiciary trial

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ex post facto law

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prohibited by constitution, the idea of being charged for something in the past that wasn't illegal and currently is

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Privileges and immunities clause

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the part of article 4 guarenteeing that the citizens of each state are allowed the same rights of others

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Extradition clause

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part of article 4 that requires states to extradite, or return criminals to states where they have been convicted or are to stand trial

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Interstate Clause

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contracts between the states that carry the force of law, generally now used as a tool to address multiste policy concerns

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McCulloch vs. Maryland

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(1819) the Supreme COurt upheld the power of the national government and denied the right of a state to tax the federal bank using the constitions supreme clause. The Court's broad interpretation of the necessary and proper clause paved the way for the expansion of the government

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Dual federalism

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the belief that having seperate and equal powerfull levels of government was best

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16th Amendment

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gave congress the ability to tax income

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17th Amendment

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made senators directly elected by the people, removed the selection from the state legislatures

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categorical grant

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grants that allocated federal funding to states for a specific purpose

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cooperative federalism

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the intertwined relationship between the national, state, and local governemtns that began with New deal

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new federalism

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federal-state relationship proposed by Reagan to give the power back to the states during the 1980's

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block grant

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broad grant with few strings attached; given to tates by federal government for things like secondary education and health services

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unfunded mandates

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Prohibited, The government to pass laws for state compliance without helping the states with the means to carry out

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Preemption

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allows national government to override or preempt state or local actions in certain areas

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sovereign immunity

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the right of a state to be free from a lawsuit unless it gives permission to suit. Under teh 11th Amendment all states are consider sovereign

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9th Amendment

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the enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people

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due process clause

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4th and 5th Amendment, guarantee individuals a varienty of rights ranging form economic liberty to criminal procedural right to protection from arbitrary governmental action, equal rights to citizens

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sunstansive due process

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states had to prove the validity of their law according to judicial interpretation of due process

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fundamental freedoms

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those rights defined by the court to be essential to order justice, liberty, and therefore entitled to the highest standard of review, strict scutiny

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Establishment clause

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part of the 1st amendment that the national government could not establish a national religion

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exercise clause

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part of 1st amendment that prohibits the government from intervening in the practice of any religion, we are free to exercise our beliefes

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prior restraint

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constitutional doctrine that prevents the gov. from prohibiting speech or prior publication before the fact, violation of first

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clear and present danger

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to draw a line between protected and unportected speech, whether the word cause a clear and present danger will congress prevent

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direct incitement

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holds that advocacy of illegal action is protected by the 1st amendment unless immediate lawless action is intended

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libel/slander

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written or spoken statements that are untrue that hinder an individuals reputaion or character

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fighting words

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tended to incite a breach of peace

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habeas corpus

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"to have the body" courts orders in which a judge requires authority to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by case. Prisoner has the right to know what he or she is being charged for

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4th Amendment

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no warrants or search and seizures without probable clause

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5th Amendment

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restriction on federal government with respect to the rights of persons suspected of crime and also from taking property without compensation

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miranda vs. arizona

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suspect must be informed of their right to remain silent and to have counsel present

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miranda rights

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statements that must be told to the suspect of their constitutional rights, have the right to an attorney that will be provided if not able to afford

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Double Jepordy Clause

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protects the individual from being tried twice for the same crime

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Exclusive rule

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prohibits police from using illegally attained evidence in a trial

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6th amendment

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an individuals right to a speedy trial, favorable witnesses and councel

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8th Amendment

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Excessive bail shall not be required nor exessive fines be imposed, and also no cruel and unusual punishment

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right to privacy

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1st, 3rd, 4th, 9th, 14th

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Roe vs. Wade

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the supreme court found that womans right to abortion was protected by the privacy act

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civil liberties

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the personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judiciary law

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civil rights

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the government protected rights of individuals against discrimination from government or other individuals

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13th Amendment

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banned slavery in the U.S.

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Black Codes

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laws that denied freed slaves their equal opportunity to the rights given to them as citizens

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14th Amendment

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guaranteed EQUAL protection to all U.S. citizens

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15th Amendment

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specifically enfranchised freed male slaves to vote

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Jim Crow Laws

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Laws passed in the southern states to prevent and oppress the african american male from voting (literacy tests, grandfather clause)

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Civil Rights Cases

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(1883) Supreme court decided that discrimination could not be prohibited becuase it was not state discrimination

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poll tax

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taxes that had to be paid before on could vote in the south

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grandfather clause

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unless passed a wealth and literacy test, ones grandfather must have voted in order for one to vote

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plessy vs. fergusson

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court found that seperate but equal did not violate the constitution

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suffrage movement 1890-1920

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the drive for voting rights for women

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19th Amendment

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Guaranteed Women the right to vote

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Brown vs. Board of Education

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Seperate but equal is not really equal, school segregation is unconstitutional

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Civil Rights Act of 1964

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segregation out lawed, created Equal Opportunity Employment

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de jure discrimination

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racial segregation that is a direct result of law or official policy

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EEOC

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federal agency that was created to enforce the civil rights act of 1964

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suspect classification

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category or class, such as race that triggers the highest standard of scutiny from the Supreme Court

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Strict Scrutiny

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a heightened standard of review used by teh S.C. to determine validity of practice w/in the constitution

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Title 9

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Provision of the educational amendment of 1972 that bars the educational instruction to discriminate agianst a females education

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Affirmative Action

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polices designed to give special attention or compensatory treatment to members of previously disadvantaged groups