Pol 110 Exam 1 Key Terms

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authoritarian government

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absolute authority over the people

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constitutional government

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governmental power is both described in, and limited by, a governing constitution

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democracy

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popular wishes and preferences regularly and systematically shape who controls the government and what the government does

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direct democracy

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permits citizens to vote directly on laws and policies

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government

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

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liberty

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freedom from government control

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political equality

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the right to participate in politics equally, based on the principle of "one person, one vote"

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politics

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conflict over the leadership, structure, and policies of governments

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popular sovereignty

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a principle of democracy in which political authority rests ultimately in the hands of the people

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representative democracy

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gives citizens a regular opportunity to elect government officials

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tolitarian government

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the government seeks to impose its will by suppressing any and all other groups and individuals in society that might pose a challenge to its power

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amendment

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a change added to a bill, law, or constitution

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antifederalists

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favored strong state governments and a weak national government

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Articles of Confederation

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America's first written constitution; served as the basis for America's national government until 1789

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bicameral

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a two-chambered legislature; opposite of unicameral

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Bill of Rights

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the first ten amendments to the Constitution, which guarantee certain rights and liberties to the people

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checks and balances

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mechanisms through which each branch of government is able to participate in and influence the activities of the other branches

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Confederation

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a weak national government but strong states or provinces

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elastic clause

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provides Congress with the authority to make all laws "necessary and proper" to carry out the other powers given to Congress

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electoral college

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the presidential electors from each state who meet after the popular election to cast ballots for president and vice president

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expressed powers

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specific powers granted to Congress in the Constitution

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First Continental Congress

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1774- an assembly of delegates from all parts of the country that called for a total boycott of British goods

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federalism

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power is divided, by a constitution, between the central (national) government and regional (state) governments

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Federalist Papers

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a series of essays written by James Madison, Alexander Hamilton, and John Jay supporting the ratification of the Constitution

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Federalists

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those who favored a strong national government and supported the constituion proposed at the American Constitutional Convention of 1787

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Great Compromise

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the agreement reached at the Constitutional Convention of 1787 where representaion in the House of Representatives would be apportioned according to the number of inhabitants in each state, but in the Senate each state would have an equal vote regardless of its population

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judicial review

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the power of the courts to rule on the constitutionality of actions of the legislative and executive branches, or the states

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New Jersey Plan

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a framework for the Constitution, introduced by William Paterson, which called for equal state representation in the national legislature regardless of population

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Second Continental Congress

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1776- wrote the Declaration of Independence

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separation of powers

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the division of governmental power among several institutions that must cooperate in decision making

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social contract theory

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individuals accept a common superior power to protect themselves from their own brutish instincts and to make possible the satisfaction of certain human desires

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supremacy clause

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laws passed by the national government and all treaties "shall be the supreme law of the land" and superior to all laws adopted by any state or any subdivision

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Three-fifths Compromise

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the agreement reached at the Constitutional Convention of 1787 that stipulated that for purposes of the apportionment of congressional seats, five slaves would count as three free persons

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Virginia Plan

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provided for a system of representation in the national legislature based upon the population of each state

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block grants

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federal grants that allow states considerable leeway or discretion in how the funds should be spent

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categorial grants

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

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commerce clause

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delegates to Congress the power "to regulate Commerce with foreign Nations, and among the several States and with the Indian Tribes."

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concurrent powers

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powers exercized by both the federal and the state governments

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cooperative federalism

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New Deal era started grants in-aid that have been used strategically to encourage states and localities to pursue nationally defined goals, with national and state governments sharing powers and resources via intergovernmental cooperation

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devolution

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a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government

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Dred Scott v. Sanford

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1856- the Supreme Court of the United States declared that African Americans were not U.S. citizens

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dual federalism

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the powers of the national government and the states were considered entirely separate and distinct from each other

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full faith and credit clause

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requiring that the states normally honor the public acts and judicial decisions that take place in another state

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Gibbons v. Ogden

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1824- the Supreme Court of the United States interpreted the authority of Congress to regulate commerce and rejected the validity of a state law granting a monopoly to a company engaged in interstate commerce

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implied powers

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powers derived from the necessary and proper clause though not specifically expressed, but are implied through the expansive interpretation of delegated powers

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necessary and proper clause

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provides Congress with the authority to make all laws necessary and proper to carry out its expressed powers

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new federalism

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state governments have more flexibility to make policy and administer programs

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McCulloch v. Maryland

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1819- Chief Justice John Marshall’s opinion concluded that the bank was legitimate because it was chartered under the constitutional clause empowering Congress to enact laws that are “necessary and proper” for governing the country also ruled that the Maryland tax violated the“supremacy clause" which provides that federal law takes precedence over state law

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police powers

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power reserved to the government to regulate the health, safety, and morals of its citizens

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privileges and immunities clause

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citizens of one state should be entitled to similar treatment in other states

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reserved powers

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the Tenth Amendment to the Constitution that aims to reserve powers to the states

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revenue sharing

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the process by which the national government provides money to local governments and counties with no strings attached

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state's rights

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the principle that the states should oppose the increasing authority of the national government

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unfunded mandates

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regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government

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unitary system

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a governing system that gives most power to the federal or national government

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affirmative action

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government policies or programs that seek to address past injustices against specified groups by making special efforts to provide members of these groups with access to educational and employment opportunities

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bills of attainder

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laws that decree a person guilty of a crime without a trial

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Brown v. Board of Education

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1954- the Supreme Court of the United States unanimously declared that it was unconstitutional to create separate schools for children on the basis of race

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civil liberties

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areas of personal freedom with which governments are prevented from interfering

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civil rights

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legal or moral claims that citizens are entitled to make on government

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civil war amendments (13th, 14th, 15th)

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13th- abolition of slavery
14th- citizenship rights not to be abridged by states
15th- citizens' right to not be denied of voting

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"clear and present danger" test

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test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society

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de facto

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"by fact" practices that occur even when there is no legal enforcement, school segregation today

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de jure

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"by law" legally enforced practices, school segregation before the 1960's

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double jeopardy

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the Fifth Amendment right providing that a person cannot be tried twice for the same crime

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due process

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the right of every citizen to be protected against arbitrary action by national or state governments

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eminent domain

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the right of government to take private property for public use

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equal protection clause

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provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws"

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establishment clause

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the First Amendment clause that says that "Congress shall make no law respecting an establishment of religion" (wall of seperation between church and state)

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equal rights amendment

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proposed amendment to the Constitution of the United States to provide for the equality of sexes under the law

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exclusionary rule

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the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

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ex post facto laws

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laws that declare an action to be illegal after it has been committed

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fighting words

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speech that directly incites damaging conduct

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First Amendment protections

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Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances

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free exercise clause

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the First Amendment clause that protects a citizen's right to believe and practice whatever religion one chooses

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Gideon v. Wainwright

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1963- the Supreme Court of the United States ruled unanimously that defendants in all felony cases are entitled to legal counsel

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Gitlow v. New York

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1925- the Supreme Court of the United States affirmed the government’s right to limit speech that threatens its security

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Griswold v. Connecticut

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1965- the Supreme Court of the United States ruled that government bans on the use of birth control unconstitutional

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habeas corpus

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a court order demanding that an individual in custody be brought into court and shown the cause for detention

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incorporation

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the process by which court decisions have required the states to follow parts of the Bill of Rights based on the use or application of the Fourteenth Amendment

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Lawrence v. Texas

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the Court found that a Texas law prohibiting oral or anal sex between couples of the same sex was unconstitutional

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libel

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a written statement, made in "reckless disregard for the truth," which is considered damaging to a victim because it is "malicious, scandalous, and defamatory"

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Mapp v. Ohio

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1961- the Supreme Court of the United States ruled that evidence procured through illegal searches and seizures by state officials may not be admitted into criminal trials

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Miranda rule

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the requirement that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel

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Plessy v. Ferguson

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1896- the Supreme Court of the United States upheld the legality of racial segregation

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political speech

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activity of greatest concern to the framers of the Constitution

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prior restraint

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restricting the publishment of something before it is even published

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right to privacy

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the right to be left alone

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Roe v. Wade

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1973- the Supreme Court of the United States ruled that a woman has a constitutional right to an abortion during the first six months of pregnancy

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"separate but equal" rule

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doctrine that public accommodations could be segregated by race but still be equal

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slander

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an oral statement, made in "reckless disregard of the truth," which is considered damaging to the victim because it is "malicious, scandalous, and defamatory"

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symbolic speech

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symbolic acts of political protest, extended freedom of speech

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women's suffrage (19th Amendment)

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1920- women's right to vote