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145 Cards in this Set
- Front
- Back
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devolution revolution
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the effort to slow the growth of the federal government by returning many functions to the states
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federalism
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constitutional arrangement whereby power is distributed between a central government and subdivisonal governments, called states in the United States. The national and the subdivisonal governments both exercise direct authority over individuals
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unitary system
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constitutional arrangement in which power is concentrated in a central government
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confederation
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constitutional arrangement in which sovereign nations or states, by compact, create a central government but carefull limit its power and do not give it direct authority over individuals
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express powers
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powers specifically granted to one of the branches of the national government by the Constitution
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implied powers
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powers inferred from the express powers that allow Congress to carry out its functions
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necessary and proper clause
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clause of the Constitution (Article I) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper for carrying out all powers vested by the Constitution in the national government
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inherent powers
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powers of the national government in teh field of foreign affairs that the Supreme court has declared do not depend on constitutional grants but rather grow out of the very existence of the national government
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commerce clause
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the clause in the Constitution (Article I, Sec 8, Clause 3) that gives Congress the power to regulate all business activities that cross state lines or affect more than one state or other other nations
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federal mandate
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a requirement imposed by the federal government as a condition for the receipt of federal funds
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concurrent powers
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powers that the Constitution gives to both the national and state governments, such as the power to levy taxes
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full faith and credit clause
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Consitutional clause (Article IV, Section 1) requiring each state to recognize the civil judgments rendered by the courts of the other states and to accept their public and acts as valid
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extradition
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legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of teh state in which the crime is alleged to have been committed
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interstate compact
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an agreement among two or more states. The Constitution requires that most such agreements be approved by Congress
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national supremacy
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Constitutional doctrine that whenever conflict occurs between the constitutionally authorized actions of the National government and those of a state or local government prevail
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preemption
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the right of a federal law or regulation to preclude enforcement of a state or local law or regulation
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centralists
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people who favor national action over action at the state and local levels
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decentralists
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people who favor state or local action rather than national action
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states' rights
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powers expressly or implicitly reserved to thestates and emphasized by the decentralists
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social capital
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democratic and civil habits of discussion, compromise, and respect for differences, which grow out of participation in voluntary organizations
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political culture
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the widely shared beliefs, values, and norms concerning the relationship of citizens to government and to one another
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natural rights
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the rights of all people to dignity and worth; also called human rights
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democratic consensus
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widespread agreement on fundamental principles of democratic governance and the values that undergird them
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majority rule
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governance according to the expressed preferences of the majority
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popular sovereignty
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a belief that ultimate power resides in the people
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American dream
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the widespread belief that the United States is a land of opportunity and that individual initiative and hard work can bring economic success
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capitalism
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an economic system characterized by private property, competitive markets, economic incentives, and limited government involvement in the production and pricing of goods and services
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monopoly
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domination of an industry by a single company by fixing prices and discouraging competition; also, the company that dominates the industry by these means
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antitrust legislation
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Federal laws (starting with the Sherman Act of 1890) that try to prevent a monopoly from dominating an industry and restraining trade
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political ideology
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a consistent pattern of beliefs about political values and the role of government
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liberalism
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a belief tin the positive uses of government to bring about justice and equality of opportunity
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conservatism
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a belief that limited government ensures order, competitive markets, and personal opportunity
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socialism
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an economic and governmental system based on public ownership of the means of production and exchange
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environmentalism
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an ideology that is dominated by concern for the environment but also promotes grassroots democracy, social justice, equal opportunity, nonviolence, respect for diversity, and feminism
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libertarianism
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an ideology that cherishes individual liberty and insists on a sharply limited government, promoting a free market economy, a noninterventionis foreign policy, and an absence of regulation in the moral and social spheres
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mass media
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means of communication that reach the mass public, including nespapers, magazines, audio, television, radio, movies, internet, etc.
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news media
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media that emphasizes the news (you think?)
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issue advocacy
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promoting a particular posotion or an issue paid for by interest groups or individuals but not candidates. Much issue advocacy is often electioneering for or against a candidate and until 2004, had not been subject to any regulation
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fairness doctrine
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FCC policy that required holders of radio and television licenses to ensure that different viewpoints were presented about controversial issues or persons; largely repealed in 1987 (thank God)
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political socialization
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the process by which we develop political attitudes, values, and beliefs
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selective exposure
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the process by which individuals screen out messages that do not conform to their own biases
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selective perception
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the process by which individuals perceive what they want to in media messages
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horse race
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a close contest; by extension, any contest in which the focus is on who is ahead and by how much rather than on substantive differences between the candidates
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judicial review
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the power of a court to refuse to enforce a law or government regulation that in the opinion of the judges conflicts with the U.S. Constitution or, in a state court, the state constitution
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adversary system
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a judicial system in which the court of law is a neutral arena where two parties argue their differences
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justiciable dispute
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a dispute growing out of an actual case or controversy and that is capable of settelment by legal methods
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class action suit
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lawsuit brought by an individual or a group of people on behalf of all those similarly situated
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defendant
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in a criminal action, the person or party accused of an offense
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plea bargain
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agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense to avoid having to stand trial for a mroe serious offense
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public defender system
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arrangement whereby public officials are hired to provide legal assistance to people accused of crimes who are unable to hire their own attorneys
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political question
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a dispute that requires knowledge of a nonlegal character or the use of techniques not suitable for a court or explicitly assigned by the Constitution to Congress or the President; judges refuse to answer constituional questions that they declare are political
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writ of habeas corpus
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a court order requiring explanation to a judge why a prisoner is being held in custody
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original jurisdiction
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the authority of a court to hear a case "In the first instance"
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appelate jurisdiction
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the authority of a court to review decisions made by lower courts
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grand jury
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a jury of 12 to 23 persons who, in private, hear evidence presented by the government to determine whether persons shall be required to stand trial. If the jury believes there is sufficient evidence that a crime was committed, it issues and indictment
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petit jury
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a jury of 6 to 12 persons who determine guilt or innocence in a civil or criminal action
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magistrate judge
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an official who performs a variety of limited judicial duties
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court of appeals
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a court with appellate jurisdiction that hears appeals from the decisions of lower courts
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senatorial courtesy
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Presidential custom of submitting the names of prospective appointees for approval to senators from the states in which the appointees are to work
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judicial self-restraint
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philosophy proposing that judges should interpret the Constitution to reflect what the framers intended and what its words literally say
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judicial activism
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philosophy proposing that judges should interpret the Constitution to reflect current conditions and values
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stare decisis
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the rule of precendent, whereby a rule or law contained in a judicial decision is commonly viewed as binding on judges whenever the same question is presented
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writ of certiorari
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a formal writ used to bring a case before the Supreme Court
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amicus curiae brief
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literally, a "friend of the court" brief, filed by an individual or organization to present argument sin addition to those presented by teh immediate parties to a case
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opinion of the court
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an explanation of a decision of the Supreme Court or any other appellate court
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dissenting opinion
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an opinion disagreeing with the majority in a Supreme court ruling
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concurring opinion
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an opinion that agrees with the majority in a Supreme Court ruling but differs on the reasoning
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ex post facto law
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retroactive criminal law that works to the disadvantage of an individual; forbidden in the Constitution
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bill of attainder
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legislative act inflicting punishment, including deprivation of property, without a trial, on named individuals or members of a specific group
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due process clause
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clause in the 5th amendment limiting the power of the national government; similar clause in the 14th amendment prohibiting state governments from depriving any person to life, liberty, or property without due process of law
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selective incorporation
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the process by which provisions of the Bill of Rights are brought within the scope of the 14th amendment and so applied to state and local governments
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establishment clause
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Clause in the 1st amendment that states that Congress shall make no law respecting an establishment of religion. It has been interpreted by the Supreme Court as forbidding governmental support to any or all religions
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vouchers
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money provided by the government to parents for payment of their children's tuition in a public or private school of their choice
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free exercise clause
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Clause in the 1st Amendment that states that Congress shall make no law prohibiting the free exercise of religion
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bad tendency test
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interpretation of the 1st Amendment that would permit legislatures to forbid speech encouraging people to engage in illegal action
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clear and present danger test
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interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts. To shout "fire!" falsely in a crowded theater is justice Oliver Wendell Holme's famous example
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preferred position doctrine
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interpretation of the 1st Amendment that holds that freedom of expression is so essential to democracy that governments should not punish persons for what they say, only for what they do
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nonprotected speech
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libel, obscenity, fighting words, and commercial speech, which are not entitled to constitutional protection in all circumstances
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libel
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written defamation of another person. Especially in the case of public officials and public officials, the constitutional tests designed to restrict libel actions are very rigid
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sedition
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attempting to overthrow the government by force or to interrupt activities by violence
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obscenity
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quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value
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fighting words
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words that by their very nature inflict injury on those to whom they are addressed or incite them to acts of violence
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commercial speech
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advertisement and commercials for products or services; they receive less First Amendment protection, primarily to discourage false and misleading ads
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prior restraint
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censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional
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civil disobedience
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deliberate refusal to obey a law or comply with the orders of public officials as a means of expressing opposition
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naturalization
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a legal action conferring citizenship on an alien
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dual citizenship
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citizenship in more than one nation
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right of expatriation
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the right to denounce one's citizenship
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property rights
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the rights of an individual to own, use, rent, invest in, buy and sell property
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contract clause
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Clause of the Constitution (Article I, Section 10) originally intended to prohibit state governments from modifying contracts made between individuals; for a while interpreted as prohibiting state governments from taking actions that adversely affect property rights; no longer interpreted so broadly and no longer constrains state governments from exercising their police powers
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police powers
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inherent powers of state governments to pass laws to protect the public health, safety, and welfare; the national government has no directly granted police powers but accomplishes the same goals through other delegated powers
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eminent domain
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power of a government to take private property for public use; the U.S. Constitution gives national and state government this power and requires them to provide just compensation for property so taken
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regulatory taking
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government regulation of properto so extensive that government is deemed to have taken teh property byt the power of eminent domain, for which it must compensate the property owerns
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due process
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established rules and regulations that restrain people in government who exercise power
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procedural due process
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constitutional requirement that governments proceed by proper methods; places limits on how governmental power may be exercised
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substantive due process
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constitutional requirement that governments act reasonably and that the substance of the laws themselves be fair and reasonable; places limits on what a government may do
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search warrant
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a writ issued by a magistrate that authorizes the police to search a particular place or person, specifying the place to be searched and the objects to be seized
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racial profiling
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police targeting of racial minorities as potential suspects of criminal activities
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exclusionary rule
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requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial
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immunity
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exemption from prosecution for a particular crime in return for testimony pertaining to the case
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indictment
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a formal written statement from a grand jury charging and individual with an offense; also called a true bill
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double jeopardy
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trial or punishment for the same crime by the same government; forbidden by the Constitution
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community policing
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assigning police to neighborhoods where they walk the beat and work with churches and other community groups to reduce crime and improve relations with minorities
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equal protection clause
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clause in the 14th Amendment that forbids any state to deny to any person within its jurisdiction the equal protection of the laws. By interpretation, the 5th Amendment imposes the same limitation on the national government. This clause is the major constitutional restraint on the power of governments to discriminate against persons because of race, national origin, or sex
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white primary
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primary operated by the Democratic party in southern states, that before Republicans gained strength in the "one party south", essentially constituted an election; ruled unconstitutional in Smith v. Allwright (1944)
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racial gerrymandering
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drawing of election district ts to ensure that members of a certain race are a minority in the district; ruled unconstitutional in Gomillion v. Lightfood (1960)
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poll tax
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payment required as a condition for voting; prohibited for national elections by the 24th Amendment (1964) and ruled unconstitutional for all elections in Harper v. Board of Education (1966)
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literacy test
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literacy requirement imposed by some states as a condition of voting, generally used to disqualify black from voting in the South; now illegal
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majority-minority district
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a congressional district created to include a majority of minority voters; ruled constitutional so long as race is not the main factor in redistricting
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Jim Crow Laws
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state laws formerly pervasive throughout the South requiring public facilities and accomodations to be segregated by race; ruled unconstitutional
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de jure segregation
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segregation imposed by the law
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de facto segregation
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segregation resulting from economic or social conditions or personal choice
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restrictive covenant
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a provision in a deed to real property prohibiting its sale to a person of a particular race or religion. Judicial enforcement of such deeds is unconstitutional
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restrictive covenant
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a provision in a deed to real property prohibiting its sale to a person of a particular race or religion. Judicial enforcement of such deeds is unconstitutional
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distributive policy
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type of policy that provides benefits to all Americans
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redistributive policy
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type of policy that takes benefits (usually through taxes) from one group of Americans and gives them to another (usually through spending)
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regressive tax
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a tax whereby people with lower incomes pay a higher fraction of their income than people with higher incomes
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rule
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a precise legal definition of how government will implement a policy
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iron triangle
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a policy making alliance that involves very strong ties among a congressional committee, an interest group, and a federal department or agency
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issue network
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a policy making alliance among loosley connected participants that come together on a particular issue, then dispands (ad hoc)
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fiscal policy
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policy that attempts to manage the economy by controlling taxing and spending
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monetary policy
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government policy that attempts to manage the economy by controlling the money supply and thus interest rates
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excise tax
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specific tax on a merchandise, i.e. tobacco
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entitlements
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programs available to all eligible citizens, unemployement, disability, social security
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Office of management and budget (OMB)
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Presidential staff agency that serves as a clearinghouse for budgetary requests and managemnt improvements for government agencies
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Congressional Budget Office (CBO)
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An agency of Congress that analyzes presidential budget recommendations and estimates the costs of proposed legislations
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value-added tax (VAT)
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a tax on increased value of a product at each stage of production and distribution rather than just at the point of sale
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tax expenditure
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loss of tax revinue due to federal laws that provide special tax inentives or benefits to individuals or businesses
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monetarism
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a theory that government should control the money supply to encourage economic growth and restrain inflation
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Federal Reserve System
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created by Congress in 1913 to establish banking practices and regulate currency in circulation and the amount of credit available. It consists of 12 regional banks supervised by the Board of Governors. Often, simply called the FEd
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laissez-faire economicsx
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opposes governmental interverence in economic affairs, beyond what is necessary to protect life and property
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Keynesian economics
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theory based by John Maynard Keynes stating that government spending should increase during business slumps and be curbed during booms
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trade deficit
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an imbalance in international trade in which the value of imports exceeds the value of exports
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WTO
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World Trade Organization- derived fro the General Agreement on Tariffs and Trade (GATT) taht promotes free trade around the world
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GATT
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General Agreement on Tariffs and Trade with more than 130 members that seeks to encourage free trade by lowering tariffs and other trade restrictions
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NAFTA
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North American Free Trade Agreement- signed by US, Canada, and Mexico in 1992 to form largest free trade zone in the world
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protectionism
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policy of erecting trade barriers to protect domestic industry
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regulation
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efforts of government to alter the free trade operation of the marke to achieve social goals such as protecting workers and the environment
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labor injunction
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a court order forbidding specific individuals or groups from performing certain acts (e.g. striking) that the court considers harmful to the rights and property of an employer or a community
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collective bargaining
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method whereby representatives of the union and employer determine wages, hours, and other conditions of employment through direct negotiation
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environment impact statement
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a statement required by federal law from all agencies for any project using federal funds to assess the potential effect of the new construction or development on the environment
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deregulation
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a policy promoting cutbacks in the amount of federal regulation in specific areas of economic activity
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Bush doctrine
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a policy adopted by the Bush administration in 2001 that asserts America's right to attack any nation that has weapons of mass destruction that might be used against U.S. interests at home or abroad
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preemption
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associated with the Bush Doctrine, a belief that a nation is justified in attacking another nation to prevent possible attacks on itself
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PNTR
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Permanent normal trade relations - trade status granted as part of an international trade policy that gives a nation the same favorable trade concessions and tariffs that teh best trading partners receive
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