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68 Cards in this Set

  • Front
  • Back

Government

institutions and procedures through which a territory and its people are ruled

Politics

Conflict over the leadership, structure, and policies of the government

Autocracy

governemtn by a single, nonelected leader

Oligarchy

governement by a smal grouop that os not accountable to the citizens

Democracy

A system of rule that permits citizens to play a significant part in the govermental process, usually through the election of key public officials

Totalitarian

governments recognize no limits on their authority

Authoritarian

governments recognize no limits on their authority, but they are constrained by other institutions, such as business or a church

Constitutional

governments are limited both in what they can do (substantive limits) and the methods they can employ (procedural limits)

Politics

conflict over the leadership, structure, and policies of governments

Representative Democracy (republic)

Governments are run by elected officials who represent the interest of their constituents

Direct Democracy

Citizens themselves vote on all legislation

American political culture emphasizes the value of:

Liberty, Equality, and Democracy

Liberty

Freedom from government control, which includes personal freedom and economic freedom

Equality

opportunity, outcome, political

Sugar Act 1764

Enforced a previous tax on molasses

Stamp Act of 1765

Required printed materials to have a stamp on them

Federalists

Favored a stronger central government


Federal control over the economy


Clear property rights


Government by elites

Antifederalists

Favored the balance of power being with the states


Clearly articulated rights (not just property)Government by leaders who shared the economic interests of the people

Federalism

A system in which the national government shares power with lower levels of government

Unitary System

one dominated by the central or national government, in which lower levels of government have little independent power.

Expressed powers

(17) Found in Article I, Section 8 of the Constitution

Implied Powers

found at the end of Section 8, which grants Congress the right “to make all Laws which shall be necessary and proper” (known as the necessary and proper clause) to execute its expressed powers.


Expanded the power of the federal government enormously

Supremacy Clause

When there is conflict between federal and state law, federal law prevails

Tenth Amendment

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.




Reserved powers, or powers that are not specifically delegated to the national government or denied to the states, are derived from the Tenth Amendment.


The Anti-Federalists, who feared a strong national government, pressed hardest for ratification of the Tenth Amendment.

Police Powers

A given state has the ability to develop and enforce criminal codes, administer health and safety rules, and regulate marriage and divorce laws.


States also regulate individual livelihoods (through licenses to practice medicine, law, and various other professions), and define and enforce laws concerning private property.

Concurrent Powers

The states and the federal government also share certain powers.


In some areas, states share concurrent powers with the national government whereby they retain and share some power to regulate commerce and affect currency (e.g., by being able to charter banks, grant or deny licenses to engage in a business or practice a trade, regulate the conditions of labor, and levy taxes).

Full faith and credit clause

(Article IV, Section 1)




states are normally expected to honor the public acts and judicial decisions that take place in another state.


However, if a practice in one state is against the “strong public policy” of another state, then the state against the practice is not obligated to recognize it.Interracial marriage is one example

Comity Clause

(Article IV, Section 2)


Guarantees that all citizens from outside a given state enjoy the privileges and immunities granted to all citizens of that state


State cannot discriminate against someone from another state or give special privileges to its own residents

Article I, Section 10

“No State shall, without the Consent of Congress . . . enter into any Agreement or Compact with another State.”

Compacts

agreements between states to deal with issues that cross state lines, such as environmental concerns and transportation systems.


Made with congressional approval.

Dual Federalism

(1789-1937) A constitutional interpretation that gave the federal government exclusive control over some issues and states exclusive control over others.

McCulloch v. Maryland (1819)

The Supreme Court ruled that the U.S. Congress had, through its implied powers, the legal right to charter a national bank

Gibbons v. Ogden (1824)

The Supreme Court established the supremacy of the national government in all matters affecting interstate commerce.

Grants-in-aid

Funds provided by the federal government to a state or local government for a specific purpose

Categorical Grants

congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law

Project Grants

grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis.

Formula grants

grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive


Used more prior to the 1960s.

Cooperative Federalism

model in which the various levels of government work together to solve policy problems, often with the federal government providing some portion of the funding, which is spent by the states or localities

Regulated Federalism

With increased funding, the federal government demands higher standards and stricter uses for funds

Preemption

The principle that allows national government to override state or local actions in certain policy areas


Occurs when state or local actions do not agree with national requirements

Unfunded mandates

Rules forcing states to spend their own money to comply with federal law

Devolution

Transferring responsiblity from the federal government to state or local governments

New Federalism

(1970s) Efforts by presidents Richard Nixon and Ronald Reagan to devolve many policies back to the states

Block Grants

Federal grants-in-aid that allow states considerable discretion in how funds are spent

General revenue sharing

process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula

Redistributive programs

economic policies designed to control the economy through taxing and spending, with the goal of benefiting the poor

Civil Liberties

Protections from improper government action; a check on the majority in order to allow minorities to speak and act as they desire

substantive

Limits on what the government can or cannot do

Procedural

rules regarding how the government must act

Palko v. Connecticut (1937)

the Supreme Court ruled that double jeopardy was not one of the provisions of the Bill of Rights incorporated into the Fourteenth Amendment as a restriction on the powers of the states.

Selective Incorporation

the process by which different protections in the Bill of Rights were incorporated into the 14th Amendment, thus guaranteeing citizens protection from state as well as national governments.

Establishment Clause

Freedom From the state imposing any particular religion

Free exercise clause

Freedom to practice religion of choice without state interference

Dennis v. United States (1951)

Ruled there is no substantial public interest in permitting the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words.

2nd Amendment

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.Originally referred to the right of militia members to have arms.


Now seen by many as the right of all to own essentially unlimited guns

Due Process

Refers to the right of every citizen to be free or arbitrary action by national or state government


4th, 5th, 6th, and 8th amendments

4th Amendment

Guarantees the security of citizens against unreasonable (improper) searches and seizures

Exclusionary Rule

The ability of courts to exclude illegally obtained evidence (Mapp v. Ohio, 1961)

5th Amendment

The right to a grand jury


Protection against double jeopardy


Self-Incrimination


Eminent domain

Eminent Domain

government can take private property for public use; but the Fifth Amendment requires a showing of a public purpose and fair payment.

Gideon v. Wainwright (1963)

that anyone facing imprisonment has the right to an attorney, even if he cannot afford one (public defender).

8th Amendment

Prohibits:excessive bail, excessive fines, and cruel and unusual punishment

Discrimination

The use of any unreasonable and unjust criterion of exclusion

Civil Rights

Rights guaranteed to all American citizens by law; usually refers to social freedoms and equal treatment under the law

13th Amendment

Abolished slavery

14th Amendment

guaranteed equal protection under law

15th amendment

guaranteed voting rights for black men

Pluarlism

Pattern of struggles among interests; group politics