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161 Cards in this Set
- Front
- Back
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Government
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institutions and procedures through which a territory and its people are ruled; 6 types.
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Autocracy
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government by a single, non-elected leader.
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Oligarchy
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government by a small group that is not accountable to the citizens.
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Democracy
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a system that allows the citizens to select their leaders.
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Autocracy, Oligarchy, Democracy, Totalitarian, Authoritarian, and Constitutional
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what are the 6 types of government?
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Totalitarian
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governments recognize no limits on their authority.
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Authoritarian
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governments recognize no limits on their authority, but they are constrained by other institutions, such as business or a church.
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Constitutional
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governments are limited both in what they can do (substantive limits) and the methods they can employ (procedural limits).
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Pluralism
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the theory that all interests are and should be free to compete for influence in the government; the outcome of this competition is compromise and moderation.
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Limited government
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a principle of constitutional government; a government whose powers are defined and limited by a constitution.
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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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Political Culture
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broadly shared values, beliefs, and attitudes about how the government should function.
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Liberty, equality, and democracy
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what does American political culture emphasize the values of?
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Politics
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conflict over the leadership, structure, and policies of governments.
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Political efficacy
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the ability to influence government and politics.
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Citizenship
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informed and active membership in a political community.
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Power
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influence over a government's leadership, organization, or policies.
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Representative democracy/republic
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a system of government in which the populace selects representatives, who play a significant role in governmental decision making.
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Direct democracy
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a system of rule that permits citizens to vote directly on laws and policies.
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Liberty
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freedom from governmental control.
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Laissez-faire capitalism
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an economic system in which the means of production and distribution are privately owned and operated for profit with minimal or no government interference.
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Equality of opportunity
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a widely shared American ideal that all people should have the freedom to use whatever talents and wealth they have to reach their fullest potential.
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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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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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Majority rule, minority rights
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the democratic principle that a government follows the preferences of the majority of voters but protects the interests of the minority.
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Colonial resistance
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what set in motion a cycle of provocation and reaction that resulted in the First Continental Congress and eventually the Declaration of Independence?
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The Declaration of Independence
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was an attempt to identify and articulate a history and set of principles that might help to forge national unity.
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To limit the powers of the central government.
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what was the first goal of the Articles?
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Shay's Rebellion
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what provided critics of the Articles of Confederation with the evidence they needed to push for constitutional revision?
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Confederation
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a system of government in which states retain sovereign authority except for the powers expressly delegated to the national government.
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Virginia Plan
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a framework for the Constitution, introduced by Edmund Randolph, that called for representation in the national legislature based on the population of each state.
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New Jersey Plan
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a framework for the Constitution, introduced by William Paterson, that called for equal state representation in the national legislature regardless of population.
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Great Compromise
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the agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population, but linked representation in the House of Representatives to population.
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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, every slave would be counted as three-fifths of a person.
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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; major examples include the presidential veto power over congressional legislation, the power of the Senate to approve presidential appointments, and judicial review of congressional enactments.
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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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Bill of Rights
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the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people.
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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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Federalism
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a system of government in which power is divided, by a constitution, between a central government and regional governments.
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Expressed powers
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specific powers granted by the Constitution to Congress. (Article I, Section 8) and to the president. (Article II).
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Elastic clause
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Article I, Section 8, of the Constitution, which enumerates the powers of Congress and provides Congress with the authority to make all laws 'necessary and proper' to carry them out.
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Bicameral
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having a legislative assembly composed of two chambers or houses; distinguished from unicameral.
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Judicial review
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the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional.
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Marbury v. Madison
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what court case did the Supreme Court assert the power of judicial review in?
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Supremacy clause
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Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision.
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Federalists
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those who favored a strong national government and supported the Constitution proposed at the American Constitutional Convention of 1787.
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Antifederalists
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those who favored strong state governments and a weak national government and who were opponents of the Constitution proposed at the American Constitutional Convention of 1787.
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Federalist Papers
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a series of essays written by Alexander Hamilton, James Madison, and John Jay supporting ratification of the Constitution.
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Tyranny
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oppressive government that employs cruel and unjust use of power and authority.
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Amendment
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a change added to a bill, law, or constitution.
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Political participation
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what can take on many forms such as the vote, group activities, and even direct action, such as violent opposition or civil disobedience?
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Unitary system
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a centralized government system in which lower levels of government have little power independent of the national government.
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Federal system
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a system of government in which the national government shares power with lower levels of government, such as states.
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Implied powers
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powers derived from the necessary and proper clause of Article I, Section 8, of the Constitution. Such powers are not specifically expressed, but are implied through the expansive interpretation of delegated powers.
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Reserved powers
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powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states.
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Police power
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power reserved to the state government to regulate the health, safety, and morals of its citizens.
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Concurrent powers
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authority possessed by both state and national governments, such as the power to levy taxes.
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Full faith and credit clause
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provision, from Article IV, Section 1, of the Constitution, requiring that the states normally honor the public acts and judicial decisions that take place in another state.
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Privileges and immunities clause
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provision, from Article IV, Section 2, of the Constitution, that a state cannot discriminate against someone from another state or give its own residents special privileges.
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Home rule
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power delegated by the state to a local unit of government to manage its own affairs.
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Dual federalism
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the system of government that prevailed in the United States from 1789 to 1937, in which most fundamental governmental powers were shared between the federal and state governments.
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Commerce clause
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Article I, Section 8, of the Constitution, which delegates to Congress the power 'to regulate commerce with foreign nations, and among the several States and with the Indian tribes.' This clause was interpreted by the Supreme Court in favor of national power over the economy.
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States' rights
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the principle that the states should oppose the increasing authority of the national government. This principle was most popular in the period before the Civil War.
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Grants-in-aid
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programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government.
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Categorical 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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Project grants
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grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis.
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Formula grants
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grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive.
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Cooperative federalism
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a type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities. (without commanding them) to pursue nationally defined goals.
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Necessary and proper clause
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what is the elastic clause also known as?
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Intergovernmental cooperation
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what is cooperative federalism also known as?
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Regulated federalism
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a form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards.
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Preemption
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the principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy attack.
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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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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, such as from the national government to the state and local governments.
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Block grants
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federal grants-in-aid that allow states considerable discretion in how the funds are spent.
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New Federalism
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attempts by Presidents Nixon and Reagan to return power to the states through block grants.
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General revenue sharing
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the process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula.
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National government
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who does revenue sharing typically involve providing money to state governments?
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Redistributive programs
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economic policies designed to control the economy through taxing and spending, with the goal of benefiting the poor.
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The central government
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in a federal system, who shares power or functions with lower levels of government, such as regions or states?
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Preemption
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the Internet Tax Freedom Act that prohibits states and localities from taxing Internet access services is a good example of what?
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Implied powers
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these powers of the necessary and proper clause allows the national government to interpret its delegated powers expansively.
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Cooperative federalism
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what type of federalism is metaphorically referred to as “marble cake” federalism?
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The Tenth Amendment
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this Amendments purpose was to limit the powers of the central government by establishing reserved powers for states and individuals.
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Gibbons v. Ogden
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what court case was important because it
gave the national government significant new authority to regulate interstate commerce? |
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1970s
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the era of “New Federalism” began in the...?
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United States v. Lopez
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the Supreme Courts ruling in what court case is important because it was the first time since the New Deal that the Supreme Court limited the power of Congress under the commerce clause?
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Unitary
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"the national government selects the textbooks and curriculum for all schools" best represents a __________ system of government.
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The New Deal
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what signaled the rise of a more active national government in the 1930s?
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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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Bill of attainder
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a law that declares a person guilty of a crime without a trial.
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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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Civil liberties
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areas of personal freedom with which governments are constrained from interfering.
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Selective incorporation
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the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments.
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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.' This law means that a 'wall of separation' exists between church and state.
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Lemon test
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a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to 'excessive entanglement' with religion.
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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 he or she chooses.
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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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Speech plus
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speech accompanied by conduct such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order.
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Prior restraint
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an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances.
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Libel
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a written statement made in 'reckless disregard of the truth' that is considered damaging to a victim because it is 'malicious, scandalous, and defamatory.'
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Slander
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an oral statement made in 'reckless disregard of the truth' that is considered damaging to the victim because it is 'malicious, scandalous, and defamatory.'
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Fighting words
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speech that directly incites damaging conduct.
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Due process of law
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the right of every citizen against arbitrary action by national or state governments.
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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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Grand jury
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jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence.
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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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Miranda rule
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the requirement, articulated by the Supreme Court in Miranda v. Arizona, 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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Eminent domain
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the right of government to take private property for public use.
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Right to privacy
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the right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions.
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Nationalized
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the Bill of Rights has been what?
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A speedy trial, a public trial, a trial by jury, to hire your own attorney. If you can't afford an attorney, one can be appointed to represent you, to remain silent at trial, to post bond, and to a plea of not guilty.
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what are the rights of the Accused?
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The due process of law
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the Fourth, Fifth, Sixth, and Eighth amendments, taken together, define what?
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Bowers v. Hardwick
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what Supreme Court case was ruled in that the right to privacy did not extend to homosexuals?
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Substantive liberties
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these liberties limit what the government can do.
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Procedural liberties
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these liberties define how the government can act.
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Roe v. Wade
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the Supreme Court’s decision in what case was based on the right to privacy?
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Mapp v. Ohio
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what Supreme Court case established the exclusionary rule?
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Aid to religious schools
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the so-called Lemon test, which came from the court case Lemon v. Kurtzman, concerns the issue of what?
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Fighting words
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which kind of speech is the least protected?
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Abortion
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the issue of __________ has been considered by the Supreme Court under the right to privacy doctrine established in Griswold v. Connecticut?
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Eminent domain
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taking private property for public use is covered under the provision of what?
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State and federal law
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citizens of the United States may have a right to bear arms, but the exercise of this right can be regulated by what?
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Property protection
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the first civil liberty selectively incorporated into the Fourteenth Amendment as a limitation on state government power was for what?
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Self-incrimination
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Miranda rights concern what?
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Palko v. Connecticut
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which 1937 Supreme Court case established the principle of selective incorporation?
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Cantwell v. Connecticut
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which 1940 Supreme Court case established the “time, place and manner rule” that distinguishes between the regulation of religious beliefs and actions based on those beliefs?
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Free exercise clause
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the First Amendment’s ____________ protects the right to believe in and practice one’s religion of choice.
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Liberty and national security
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government policies after 9/11 have illustrated the tension between ____________ and ______________.
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Discrimination
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the use of any unreasonable and unjust criterion of exclusion.
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Civil rights
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obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens.
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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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Equal protection clause
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which clause has been the basis for the civil rights of African Americans, women, and other groups?
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Thirteenth Amendment
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one of three Civil War amendments; it abolished slavery.
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Fourteenth Amendment
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one of three Civil War amendments; it guaranteed equal protection and due process.
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Fifteenth Amendment
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one of three Civil War amendments; it guaranteed voting rights for African American men.
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Jim Crow laws
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laws enacted by southern states following Reconstruction that discriminated against African Americans.
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Separate but equal rule
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doctrine that public accommodations could be segregated by race but still be considered equal.
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Brown v. Board of Education
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the 1954 Supreme Court decision that struck down the 'separate but equal' doctrine as fundamentally unequal.
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Brown v. Board of Education
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this case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions.
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Strict scrutiny
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a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional.
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De jure
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literally, 'by law'; refers to legally enforced practices, such as school segregation in the South before the 1960s.
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De facto
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literally, 'by fact'; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today.
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Gerrymandering
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the apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party.
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Redlining
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a practice in which banks refuse to make loans to people living in certain geographic locations.
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Intermediate scrutiny
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a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional.
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Affirmative action
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government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities.
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Seneca Falls Convention
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the start of the modern women’s movement was considered the ________________ Convention, where the Declaration of Sentiments and Resolutions was drafted.
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Affirmative action
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what allows companies to consider minority status, all other things being equal?
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1965
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by what year were African Americans and women actually able to vote in large numbers?
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Plessy v. Ferguson
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the decision in which court case established the principle of separate but equal?
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The Civil Rights Act of 1875
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what attempted to protect African Americans from discrimination in public accommodations like hotels and theater?
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University of California v. Bakke
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what Supreme Court case first restricted the use of racial quotas in university admissions?
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1920
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by what year did African Americans and women both have the constitutional right to vote?
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1%
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ten years after the Brown decision, about ____________ percent of African American school-age children in the Deep South were attending schools with whites.
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Franklin v. Gwinnett County Public Schools
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when the Supreme Court decided in __________ that violations of Title IX of the 1972 Education Act could be remedied with monetary damages, schools were forced to take seriously the issue of sexual harassment.
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The Department of Justice
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the Civil Rights Act of 1964 is enforced by what?
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Grutter v. Bollinger (2003)
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in this court case, the Supreme Court ruled that Michigan Law School’s affirmative action policy was constitutional, since race was used only as a plus factor and not a quota.
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The equal protection clause of the Fourteenth Amendment to the U.S. Constitution.
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most of the positive actions of government associated with the civil rights issue in the United States stem from application of what clause?
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Civil Rights Act of 1964
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by far the most important piece of legislation passed by Congress fostering equal opportunity in the United States was the __________________.
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Restrictive covenants
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the seller of a home adding a clause to the sales contract that requires the buyer to agree not to sell the home later to an African American, a Jew, etc. What is this a practice of?
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