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117 Cards in this Set
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Anti-Federalists
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Opponents of the American Constitution at the time when the states were contemplating its adoption. They argued that the Constitution was a class-based document, that it would erode fundamental liberties, and that it would weaken the power of the states. See also Federalists and US Constitution.
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Articles of Confederation
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The first constitution of the United States, adopted by Congress in 1777 and enacted in 1781. They established a national legislature, the Continental Congress, but most authority rested with the state legislatures.
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constitution
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A nation’s basic law. It creates political institutions, assigns or divides powers in government, and often provides certain guarantees to citizens. They can be either written or unwritten.
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full faith and credit clause
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A clause in Article IV, Section 1, of the Constitution requiring each state to recognize the official documents and civil judgments rendered by the courts of other states.
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policymaking system
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The process by which political problems are communicated by the voters and acted upon by government policymakers. The system begins with people’s needs and expectations for governmental action. When people confront government officials with problems that they want solved, they are trying to influence the government’s policy agenda.
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separation of powers
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An important part of the Madisonian model that requires each of the three branches of government (executive, legislative, and judicial) to be relatively independent of the others so that one cannot control the others. Power is shared among these three institutions. See also checks and balances.
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extradition
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A legal process whereby an alleged criminal offender is surrendered by the officials of the state in which the crime is alleged to have been committed.
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dual federalism
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A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. Compare cooperative federalism.
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Shays’ Rebellion
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A series of attacks on courthouses by a small band of farmers led by revolutionary war Captain Daniel Shays to block foreclosure proceedings.
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privileges and immunities clause
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A clause in Article IV, Section 2, of the Constitution according citizens of each state most of the privileges of citizens of other states.
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minority rights
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A principle of traditional democratic theory that guarantees rights to those who do not belong to majorities and allows that they might join majorities through persuasion and reasoned argument. See also majority rule.
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formula grants
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Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.
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factions
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Interest groups arising from the unequal distribution of property or wealth that James Madison attacked in Federalist Paper No. 10. Today’s parties or interest groups are what Madison had in mind when he warned of the instability in government caused by these.
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McCleskey v. Kemp
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The 1987 Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the Fourteenth Amendment because minority defendants were more likely to receive the death penalty than were white defendants.
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republic
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A form of government that derives its power, directly or indirectly, from the people. Those chosen to govern are accountable to those whom they govern. In contrast to a direct democracy, in which people themselves make laws, in this form the people select representatives who make the laws.
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policymaking institutions
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The branches of government charged with taking action on political issues. The US Constitution established three – the Congress, the presidency, and the courts. Today, the power of the bureaucracy is so great that most political scientists consider it a fourth one.
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establishment clause
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Part of the First Amendment stating "Congress shall make no law respecting an establishment of religion."
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majority rule
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A fundamental principle of traditional democratic theory. In a democracy, choosing among alternatives requries that the majority's desire be respected. See also minority rights.
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representation
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A basic principle of traditional democratic theory that describes the relationship between the few leaders and the many followers.
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limited government
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The idea that certain things are out of bounds for government because of the natural rights of citizens. It was central to John Locke’s philosophy in the seventeenth century, and it contrasted sharply with the prevailing view of the divine rights of monarchs.
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political participation
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All the activities used by citizens to influence the selection of political leaders or the policies they pursue. The most common, but not the only, means in a democracy is voting. Other means include protest and civil disobedience.
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government
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The institutions and processes through which public policies are made for a society.
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Declaration of Independence
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The document approved by representatives of the American colonies in 1776 that stated their grievances against the British monarch and declared their independence.
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politics
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According to Harold Lasswell, “who gets what, when, and how.” Produces authoritative decisions about public issues.
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political culture
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An overall set of values widely shared within a society.
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judicial review
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The power of the courts to determine whether acts of Congress, and by implication the executive, are in accord with the US Constitution. It was established by John Marshal and his associates in the Supreme Court. See also judicial interpretation.
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individualism
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The belief that individuals should be left on their own by the government. One of the primary reasons for the comparatively small scope of American government is the prominence of this belief in American political thought and practice.
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unitary government
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A way of organizing a nation so that all power resides in the central government. Used by most governments today, including those of Great Britain and Japan. Compare federalism.
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Equal Rights Amendment
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A constitutional amendment passes by Congress in 1978 and sent to the state legislatures for ratification, stating that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” Despite substantial public support and an extended deadline, the amendment failed to acquire the necessary support of three-fourths of the state legislatures.
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single-issue groups
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Groups that have a narrow interest, tend to dislike compromise, and often draw membership from people new to politics. These features distinguish them from traditional interest groups.
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Connecticut Compromise
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The compromise reached at the Constitutional Convention that established two houses of Congress: the House of Representatives, in which representation is based on a state’s share of the US population, and the Senate, in which each state has two representatives. Compare New Jersey Plan and Virginia Plan.
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political issue
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An issue that arises when people disagree about a problem and a public policy choice.
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policy agenda
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According to John Kingdon, “the list of subjects or problems to which government officials, and people outside of government closely associated with those officials, are paying some serious attention at any given time.”
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Simpson-Mazzolli Act
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An immigration law, named after its legislative sponsors that as of June 1,1987, requires employers to document the citizenship of their employees. Civil and criminal penalties can be assessed against employers who knowingly employ illegal immigrants.
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US Constitution
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The document written in 1787 and ratified in 1788 that sets forth the institutional structure of US government and the tasks these institutions perform. It replaced the Articles of Confederation. See also constitution and unwritten constitution.
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policy impacts
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The effects a policy has on people and problems. Impacts are analyzed to see how well a policy has met its goal and at what cost.
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consent of the governed
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According to John Locke, the required basis for government. The Declaration of Independence reflects Locke’s view that governments derive their authority from this.
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New Jersey Plan
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The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state’s population. Compare Virginia Plan and Connecticut Compromise.
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democracy
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A system of selecting policy makers and of organizing government so that policy represents and responds to the public's preferences.
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Virginia Plan
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The proposal at the Constitutional Convention that called for representation of each state in Congress in proportion to that state’s share of the US population. Compare Connecticut Compromise and New Jersey Plan.
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Eighth Amendment
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The constitutional amendment that forbids cruel and unusual punishment, although it does not define this phrase. Through the Fourteenth Amendment, this Bill of Rights provision appleis to the states.
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public policy
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A choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem.
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checks and balances
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An important part of the Madisonian model designed to limit government’s power by requiring that power be balanced among the different governmental institutions. These institutions continually check one another’s activities. This system reflects Madison’s goal of setting power against power. See also separation of powers.
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policy gridlock
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A condition that occurs when no coalition is strong enough to form a majority and establish policy. The result is that nothing may get done.
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judicial interpretation
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A major informal way in which the Constitution is changed by the courts as they balance citizens’ rights against those of the government. See also judicial review.
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Marbury v. Madison
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The 1803 case in which Chief Justice John Marshall and his associates first asserted the right of the Supreme Court to determine the meaning of the US Constitution. The decision established the Court’s power of judicial review over acts of Congress, in this case the Judiciary Act of 1789.
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Federalists
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Supporters of the US Constitution at the time the states were contemplating its adoption. See also Anti-Federalists and Federalist Papers.
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pluralist theory
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A theory of government and politics emphasizing that politics is mainly a competition among groups, each one pressing for its own preferred policies. Compare elite and class theory, hyperpluralism, and traditional democratic theory.
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Bill of Rights
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The first 10 amendments to the US Constitution, which define such basic liberties as freedom of religion, speech, and press and guarantee defendants rights.
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public goods
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Goods, such as clean air and clean water that everyone must share.
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traditional democratic theory
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A theory about how a democratic government makes its decisions. According to Robert Dahl, its cornerstones are equality in voting, effective participation, enlightened understanding, final control over the agenda, and inclusion.
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Gillow v. New York
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The 1925 Supreme Court decision holding that freedoms of press and speech are "fundamental personal rights and liberties protected by the due process clause of the Fourteenth Amendment from impairment by the states" as well as the federal government. Compare Barron v. Baltimore.
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hyperpluralism
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A theory of government and politics contending that groups are so strong that government is weakened. __________ is an extreme, exaggerated, or perverted form of pluralism. Compare elite and class theory, pluralist theory, and traditional democratic theory.
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writ of habeas corpus
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A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.
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fiscal federalism
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The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments. See also federalism.
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gross domestic product
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The sum total of the value of all goods and services produced in a nation.
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supremacy clause
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Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
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enumerated powers
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Powers of the federal government that are specifically addressed in the Constitution; for Congress, these powers are listed in Article I, Section 8, and include the power to coin money, regulate its value, and impose taxes. Compare implied powers.
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natural rights
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Rights inherent in human beings, not dependent on governments, which include life, liberty, and property. The concept was central to English philosopher John Locke’s theories about government, and was widely accepted among America’s founding fathers. Thomas Jefferson echoed Locke’s language in drafting the Declaration of Independence.
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linkage institutions
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The channels or access points through which issues and people's policy preferences get on the government's policy agenda. In the United States, elections, political parties, and interest groups are the three main ones.
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Federalist Papers
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A collection of 85 articles written by Alexander Hamilton, John Jay, and James Madison under the name “Publius” to defend the Constitution in detail. Collectively, these papers are second only to the US Constitution in characterizing the framers’ intents.
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elite and class theory
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A theory of government and politics contending that societies are divided along class lines and that an upper-class elite will rule, regardless of the formal niceties of governmental organization. Compare hyperpluralism, pluralist theory, and traditional democratic theory.
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fiscal federalism
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The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government’s relations with state and local governments. See also federalism.
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block grants
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Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services. Compare categorical grants.
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categorical grants
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Federal grants that can be used only for specific purposes, or “categories”, of state and local spending. They come with strings attached, such as nondiscrimination provisions. Compare block grants.
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intergovernmental relations
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The workings of the federal system – the entire set of interactions among national, state, and local governments.
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unfunded mandates
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When the federal government requires state and local action but does not provide the funds to pay for the action.
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federalism
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A way of organizing a nation so that two levels of government have formal authority over the same land and people. It is a system of shared power between units of government. Compare unitary government.
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McCulloch v. Maryland
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An 1819 Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution.
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project grants
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Federal grants given for specific purposes and awarded on the basis of the merits of applications. A type of the categorical grants available to states and localities.
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elastic clause
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The final paragraph of Article I, Section 8, of the Constitution, which authorizes Congress to pass all laws “necessary and proper” to carry out the enumerated powers. See also implied powers.
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cooperative federalism
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A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly. Compare dual federalism.
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Tenth Amendment
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The constitutional amendment stating that “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.”
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Gibbons v. Ogden
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A landmark case decided in 1824 in which the Supreme Court interpreted very broadly the clause in Article I, Section 8, of the Constitution giving Congress the power to regulate interstate commerce, encompassing virtually every form of commercial activity. The commerce clause has been the constitutional basis for much of Congress’s regulation of the economy.
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implied powers
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Powers of the federal government that go beyond those enumerated in the Constitution. The Constitution states that Congress has the power to “make all laws necessary and proper for carrying into execution” the powers enumerated in Article I. Many federal policies are justified on the basis of these. See also McCulloch v. Maryland, elastic clause, and enumerated powers.
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incorporation doctrine
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The legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the Fourteenth Amendment.
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Gregg v. Georgia
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The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating that “It is an extreme sanction, suitable to the most extreme of crimes.” The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.
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Texas v. Johnson
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A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.
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Sixth Amendment
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The constitutional amendment designed to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
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First Amendment
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The constitutional amendment that establishes the four great liberties: freedom of the press, of speech, of religion, and of assembly.
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probable cause
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The situation occurring when the police have reason to believe that a person should be arrested. In making the arrest, the police are allowed legally to search for and seize incriminating evidence. Compare unreasonable searches and seizures.
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Miller v. California
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A 1973 Supreme Court decision that avoided defining obscenity by holding that community standards be use to determine whether material is obscene in terms of appealing to a “prurient interest”
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Barron v. Baltimore
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The 1833 Supreme Court decision holding that the Bill of Rights restrained only the national government, not the states and cities. Almost a century later, the Court first ruled that state governments must respect some First Amendment rights.
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unreasonable searches and seizure
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Obtaining evidence in a haphazard or random manner, a practice prohibited by the Fourth Amendment. Both probable cause and a search warrant are required for a legal and proper search for and seizure of incriminating evidence.
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Fourteenth Amendment
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The constitutional amendment adopted after the Civil War that states, “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” See also due process clause.
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Mapp v. Ohio
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The 1961 Supreme Court decision ruling that the Fourth Amendment’s protection against unreasonable searches and seizures must be extended to the states as well as the federal government. See also exclusionary rule.
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NAACP v. Alabama
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The Supreme Court protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment.
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Planned Parenthood v. Casey
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A 1992 case in which the Supreme Court loosened its standard for evaluating restrictions on abortion from one of “strict scrutiny” of any restraints on a “fundamental right” to one of “undue burden” that permits considerably more regulation.
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New York Times v. Sullivan
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Decided in 1964, this case established the guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, said the Court, such individuals must prove that the defamatory statements made about them were made with “actual malice” and reckless disregard for the truth.
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Zelman v. Simmons-Harris
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The 2002 Supreme Court decision that upheld a state providing families with vouchers that could be used to pay for tuition at religious schools.
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Near v. Minnesota
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The 1931 Supreme Court decision holding that the First Amendment protects newspapers from prior restraints.
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Miranda v. Arizona
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The 1966 Supreme Court decision that sets guidelines for police questioning of accused persons to protect them against self-incrimination and to protect their right to counsel.
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cruel and unusual punishment
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Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes this.
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censorship
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Governmental regulation of media content.
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establishment clause
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Part of the First Amendment stating “Congress shall make no law respecting an establishment of religion.”
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Engel v. Vitale
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The 1962 Supreme Court decision holding that state officials violated the First Amendment when they wrote a prayer to be recited by New York’s schoolchildren. Compare School District of Abington Township, Pennsylvania v. Schempp.
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Gideon v. Wainwright
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The 1963 Supreme Court decision holding that anyone accused of a felony where imprisonment may be imposed, however poor he or she might be, has a right to a lawyer. See also Sixth Amendment.
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due process clause
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Part of the Fourteenth Amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the United States or state governments without due process of law.
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prior restraint
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A government’s preventing material from being published. This is a common method of limiting the press in some nations, but is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.
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Lemon v. Kurtzman
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The 1971 Supreme Court decision that established that aid to church-related school must (1) have a secular legislative purpose; (2) have a primary effect that neither advances nor inhibits religion; and (3) not foster excessive government entanglement with religion.
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Roe v. Wade
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The 1973 Supreme Court decision holding that a state ban on all abortions was unconstitutional. The decision forbade state control over abortion during the first trimester of pregnancy, permitted states to limit abortions to protect the mother’s health in the second trimester, and permitted states to protect the fetus during the third trimester.
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Zurcher v. Stanford Daily
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A 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.
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right to privacy
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According to Paul Bender, “the right to keep the details of [one’s] life confidential; the free and untrammeled use and enjoyment of one’s intellect, body, and private property … the right, in sum, to a private personal life free from the intrusion of government or the dictates of society”. This right is implicitly protected by the Bill of Rights. See also Privacy Act.
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Roth v. United States
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A 1957 Supreme Court decision ruling that “obscenity is not within the area of constitutionally protected speech or press”.
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Red Lion Broadcasting Company v. FCC
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A 1969 case in which the Supreme Court upheld restrictions on radio and television broadcasting, such as giving adequate coverage to public issues and covering opposing views. These restrictions on the broadcast media are much tighter than those on the print media, because there are only a limited number of broadcasting frequencies available.
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Schneck v. United States
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A 1919 decision upholding the conviction of a socialist who had urged young men to resist the draft during World War I. Justice Holmes declared that government can limit speech if the speech provokes a “clear and present danger” or substantive evils.
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free exercise clause
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A First Amendment provision that prohibits government from interfering with the practice of religion.
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exclusionary rule
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The rule that evidence, no matter how incriminating, cannot be introduced into a trial if it was not constitutionally obtained. The rule prohibits use of evidence obtained through unreasonable search and seizure.
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civil liberties
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The legal constitutional protections against government. Although they are formally set down in the Bill of Rights, the courts, police, and legislatures define their meaning.
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libel
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The publication of false or malicious statements that damage someone’s reputation.
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Miami Herald Publishing Company v. Tornillo
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A 1974 case in which the Supreme Court held that a state could not force a newspaper to print replies from candidates it had criticized, illustrating the limited power of government to restrict the print media.
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symbolic speech
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Nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some of it protection under the First Amendment.
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commercial speech
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Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.
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self-incrimination
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The situation occurring when an individual accused of a crime is compelled to be a witness against himself in court. Forbidden by the Fifth Amendment.
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School District of Abington Township, Pennsylvania v. Schempp
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A 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible readings in schools violated the establishment clause of the First Amendment.
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Fifth Amendment
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The constitutional amendment designed to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
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search warrant
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A written Authorization from a court specifying the area to be searched and what the police are searching for. The Fourth Amendment requires one to prevent unreasonable searches and seizures.
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