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American Government
Exam 1 Review, chapters 1-5
122
Political Studies
Undergraduate 1
02/11/2008

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Term
Government
Definition
The formal vehicles through which policies are made and affairs of state are conducted.
Term
Citizen
Definition
Member of the political community to whom certain rights and obligations are attached.
Term
Politics
Definition
The study of who gets what, when, and how--or how policy decisions are made.
Term
Monarchy
Definition
A form of government in which power is vested in hereditary kings and queens who govern in the interests of all.
Term
Totalitarianism
Definition
A form of government in which power resides in a leader who rules according to self-interest and without regard for individual rights and liberties.
Term
Oligarchy
Definition
A form of government in which the right to participate is conditioned on the possession of wealth, social status, military position, or achievement.
Term
Democracy
Definition
A system of government that gives power to the people, whether directly or through their elected representatives.
Term
Social contract theory
Definition
The belief that people are free and equal by God-given right and that this in turn requires that all people give their consent to be governed; espoused by John Locke and influential in the writing of the Declaration of Independence.
Term
Direct democracy
Definition
A system of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule.
Term
Indirect (representative) democracy
Definition
A system of government that gives citizens the opportunity to vote for representatives who will work on their behalf.
Term
Republic
Definition
A government rooted in the consent of the governed; a representative or indirect democracy.
Term
Political culture
Definition
Commonly shared attitudes, beliefs, and core values about how government should operate.
Term
Personal liberty
Definition
A key characteristic of U.S. democracy. Initially meaning freedom from governmental interference, today it includes demands for freedom to engage in a variety of practices free from governmental discrimination.
Term
Political equality
Definition
The principal that all citizens are equal in the political process; implied by the phrase "one person, one vote."
Term
Popular consent
Definition
The idea that governments must draw their powers from the consent of the governed.
Term
Majority rule
Definition
The central premise of direct democracy in which only policies that collectively garner the support of a majority of voters will be made into law.
Term
Popular sovereignty
Definition
The notion that the ultimate authority in society rests with the people.
Term
Natural law
Definition
A doctrine that society should be governed by certain ethical principles that are part of nature and, as such, can be understood by reason.
Term
Civil society
Definition
Society created when citizens are allowed to organize and express their views publicly as they engage in an open debate about public policy.
Term
Political ideology
Definition
A coherent set of values and beliefs about the purpose and scope of government.
Term
Libertarian
Definition
One who favors a free market economy and no governmental interference in personal liberties.
Term
Conservative
Definition
One thought to believe that a government is best that governs least and that big government can only infringe on individual, personal, and economic rights.
Term
Social conservative
Definition
One who believes that traditional moral teachings should be supported and furthered by the government.
Term
Liberal
Definition
One considered to favor extensive governmental involvement in the economy and the provision of social services and to take an activist role in protecting the rights of women, the elderly, minorities, and the environment.
Term
American dream
Definition
An American ideal of a happy, successful life, which often includes wealth, a house, a better life for one's children, and, for some, the ability to grow up to be president.
Term
Mercantilism
Definition
An economic theory designed to increase a nation's wealth through the development of commercial industry and a favorable balance of trade.
Term
Stamp Act Congress
Definition
Meeting of representatives of nine of the thirteen colonies held in New York City in 1765, during which representatives drafted a document to send to the king listing how their rights had been violated.
Term
Committees of Correspondence
Definition
Organizations in each of the American colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against the British.
Term
First Continental Congress
Definition
Meeting held in Philadelphia from September 5 to October 26, 1774, in which fifty-six delegates (from every colony except Georgia) adopted a resolution in opposition to the Coercive Acts.
Term
Second Continental Congress
Definition
Meeting that convened in Philadelphia on May 10, 1775, to make one last effort to avert conflict with England. It adopted the Declaration of Independence in 1776.
Term
Confederation
Definition
Type of government where the national government derives its power from the states; a league of independent states.
Term
Declaration of Independence
Definition
Document drafted by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain.
Term
Articles of Confederation
Definition
The compact among the thirteen original states that was the basis of their government. Written in 1776, the Articles were not ratified by all the states until 1781.
Term
Constitution
Definition
A document establishing the structure, functions, and limitations of a government.
Term
Virginia Plan
Definition
The first general plan for the Constitution, proposed by James Madison and Edmund Randolph. Its key points were a bicameral legislature, an executive chosen by the legislature, and a judiciary also named by the legislature.
Term
New Jersey Plan
Definition
A framework for the Constitution proposed by a group of small states; its key points were a one-house legislature with one vote for each state, the establishment of the acts of Congress as the "supreme law" of the land, and a supreme judiciary with limited power.
Term
Great Compromise
Definition
A decision made during the Constitutional Convention to give each state the same number of representatives in the Senate regardless of size; representation in the House was determined by population.
Term
Three-Fifths Compromise
Definition
Agreement reached at the Constitutional Convention stipulating that each slave was to be counted as three-fifths of a person for purposes of determining population for representation in the U.S. House of Representatives.
Term
Separation of Powers
Definition
A way of dividing power among three branches of government in which members of the House of Representatives, members of the Senate, the president, and the federal courts are selected by and responsible to different constituencies.
Term
Checks and balances
Definition
A governmental structure that gives each of the three branches of government some degree of oversight and control over the actions of the others.
Term
Federal system
Definition
Plan of government created in the U.S. Constitution in which power is divided between and the state governments and in which independent states are bound together under one national government.
Term
Enumerated powers
Definition
Seventeen specific powers granted to Congress under Article I, section 8, of the U.S. Constitution; these powers include taxation, coinage of money, regulation of commerce, and the authority to provide for a national defense.
Term
Necessary and proper clause
Definition
The final paragraph of Article I, section 8, of the U.S. Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution; also called the elastic clause.
Term
Implied powers
Definition
Powers derived from the enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers.
Term
Supremacy clause
Definition
Portion of Article VI of the U.S. Constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other subdivision of government.
Term
Federalists
Definition
Those who favored a stronger national government and supported the proposed U.S. Constitution; later became the first U.S. political party.
Term
Anti-Federalists
Definition
Those who favored strong state governments and a weak national government; opposed the ratification of the U.S. Constitution.
Term
'The Federalist Papers'
Definition
A series of eighty-five political papers written by John Jay, Alexander Hamilton, and James Madison in support of ratification of the U.S. constitution.
Term
Bill of Rights
Definition
The first ten amendments to the U.S. Constitution, which largely guarantee specific rights and liberties.
Term
Federal system
Definition
System of government where the national government and state governments share powers, derive all authority from the people, and the powers of the national government are specified in a constitution.
Term
Unitary system
Definition
System of government where the local and regional governments derive all authority from a strong national government.
Term
Tenth Amendment
Definition
The final part of the Bill of Rights that defines the basic principle of American federalism in stating: "The powers not delegated to the United States by Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Term
Reserve (or police) powers
Definition
Powers reserved to the states by the Tenth Amendment that lie at the foundation of a state's right to legislate for the public health and welfare of its citizens.
Term
Concurrent powers
Definition
Authority possessed by both the state and national governments that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law.
Term
Bill of attainder
Definition
A law declaring an act illegal without a judicial trial.
Term
ex post facto law
Definition
Law passed after the fact, thereby making previously legal activity illegal and subject to current penalty; prohibited by the U.S. Constitution.
Term
Full faith and credit clause
Definition
Section of Article IV of the Constitution that ensures judicial decrees and contracts made in one state will be binding and enforceable in any other state.
Term
Privileges and immunities clause
Definition
Part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states.
Term
Interstate compacts
Definition
Contracts between states that carry the force of law; generally now used as a tool to address multi-state policy concerns.
Term
McCulloch v. Maryland (1819)
Definition
The Supreme Court upheld the power of the national government and denied the right of a state to tax the bank. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers.
Term
Gibbons v. Ogden (1824)
Definition
The Supreme Court upheld broad congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers.
Term
Dual federalism
Definition
The belief that having separate and equally powerful levels of government is the best arrangement.
Term
Sixteenth Amendment
Definition
Authorized Congress to enact a national income tax.
Term
Seventeenth Amendment
Definition
Made senators directly elected by the people; removed their selection from state legislatures.
Term
New Deal
Definition
The name given to the program of "Relief, Recovery, Reform" begun by President Franklin D. Roosevelt in 1933 to bring the Unites States out of the Great Depression.
Term
Cooperative federalism
Definition
The relationship between the national and state governments that began with the New Deal.
Term
Categorical grant
Definition
Grant for which Congress appropriates funds for a specific purpose.
Term
New federalism
Definition
Federal/state relationship proposed by Regan administration during the 1980s; its hallmark is returning administrative powers to the state governments.
Term
Block grant
Definition
Broad grant with few strings attached; given to states by the federal government for specified activities, such as secondary education or health services.
Term
Unfunded mandates
Definition
National laws that direct states or local governments to comply with federal rules or regulations (such as clean air or water standards) but contain no federal funding to defray the cost of meeting these requirements.
Term
Preemption
Definition
A concept derived from the Constitution's supremacy clause that allows the national government to override or preempt state or local actions in certain areas.
Term
Sovereign immunity
Definition
The right of a state to be free from lawsuit unless it gives permission to the suit. Under the Eleventh Amendment, all states are considered sovereign.
Term
Civil liberties
Definition
The personal guarantees and freedoms that the federal government cannot abridge by law, constitution, or judicial interpretation.
Term
Civil rights
Definition
The government-protected rights of individuals against arbitrary or discriminatory treatment.
Term
Ninth Amendment
Definition
Part of the Bill of Rights that reads "The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people."
Term
Tenth Amendment
Definition
Part of the Bill of Rights that reiterates powers not delegated to the national government are reserved to the states or to the people.
Term
Due process clause
Definition
Clause contained in the Fifth and Fourteenth Amendments. Over the years, it has been construed to guarantee to individuals a variety of rights ranging from economic liberty to criminal procedural rights to protection from arbitrary governmental action.
Term
Substantive due process
Definition
Judicial interpretation of the Fifth and Fourteenth Amendments' due process clause that protects citizens from arbitrary or unjust laws.
Term
Incorporation doctrine
Definition
An interpretation of the Constitution that holds that the due process clause of the Fourteenth Amendment requires that state and local governments also guarantee those rights.
Term
Selective incorporation
Definition
A judicial doctrine whereby most but not all of the protections found in the Bill of Rights are made applicable to the states via the Fourteenth Amendment.
Term
First Amendment
Definition
Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the civil liberties of the people, including freedom of religion, speech, press, assembly, and petition.
Term
Establishment clause
Definition
The first clause in the First Amendment; it prohibits the national government from establishing a national religion.
Term
Free exercise clause
Definition
The second clause of the First Amendment; it prohibits the U.S. government from interfering with a citizen's right to practice his or her religion. Still, some forms of actual exercise of religion can be regulated.
Term
Prior restraint
Definition
Constitutional doctrine that prevents the government from prohibiting speech or publication before the fact; generally held to be in violation of the First Amendment.
Term
Writ of habeas corpus
Definition
A court order in which a judge requires authorities to prove that a prisoner is being held lawfully and that allows the prisoner to be freed if the judge is not persuaded by the government's case. Habeas corpus rights imply that prisoners have a right to know what charges are being made against them.
Term
Clear and present danger test
Definition
Test articulated by the Supreme Court in Schenck v. U.S. (1919) to draw the line between protected and unprotected speech; the Court looks to see "whether the words used" could "create a clear and present danger that they will bring about substantive evils" that Congress seeks "to prevent."
Term
Direct incitement test
Definition
A test articulated by the Supreme Court in Brandenburg v. Ohio (1969) that holds that advocacy of illegal action is protected by the First Amendment unless imminent lawless action is intended and likely to occur.
Term
Libel
Definition
False written statements or written statements tending to call someone's reputation into disrepute.
Term
Slander
Definition
Untrue spoken statements that defame the character of a person.
Term
New York Times Co. v. Sullivan (1964)
Definition
The Supreme Court concluded that "actual malice" must be proved to support a finding of libel against a public figure.
Term
Fighting words
Definition
Words that, "by their very utterance inflict injury or tend to incite an immediate breach of peace." Fighting words are not subject to the restrictions of the First Amendment.
Term
Due process rights
Definition
Procedural guarantees provided by the Fourth, Fifth, Sixth, and Eighth Amendments for those accused of crimes.
Term
Fourth Amendment
Definition
Part of the Bill of Rights that reads: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probably cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Term
Fifth Amendment
Definition
Part of the Bill of Rights that imposes a number of restrictions on the federal government with respect to the rights of persons suspected of committing a crime. It provides for indictment by a grand jury and protection against self-incrimination, and prevents the national government from denying a person life, liberty, or property without the due process of law. It also prevents the national government from taking property without fair compensation.
Term
Miranda v. Arizona (1966)
Definition
A landmark Supreme Court ruling that held the Fifth Amendment requires that individuals arrested for a crime must be advised of their right to remain silent and to have counsel present.
Term
Miranda rights
Definition
Statements that must be made by the police informing a suspect of his or her constitutional rights protected by the Fifth Amendment, including the right to an attorney provided by the court if the suspect cannot afford one.
Term
Double jeopardy clause
Definition
Part of the Fifth Amendment that protects individuals from being tried twice for the same offense.
Term
Exclusionary rule
Definition
Judicially created rule that prohibits police from using illegally seized evidence at trial.
Term
Sixth Amendment
Definition
Part of the BIll of Rights that sets out the basic requirements of procedural due process for federal courts to follow in criminal trials. These include speedy and public trials, impartial juries, trials in the state where crime was committed, notice of the charges, the right to confront and obtain favorable witnesses, and the right to counsel.
Term
Eighth Amendment
Definition
Part of the Bill of Rights that states: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted."
Term
Right to Privacy
Definition
The right to be let alone; a judicially created doctrine encompassing an individual's decision to use birth control or secure an abortion.
Term
Roe v. Wade (1973)
Definition
The Supreme Court found that a woman's right to an abortion was protected by the right to privacy that could be implied from specific guarantees found in the Bill of Rights applied to the states through the Fourteenth Amendment.
Term
Civil rights
Definition
Refers to the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals based on categories such as race, sex, national origin, age, religion, or sexual orientation.
Term
Thirteen Amendment
Definition
One of the three Civil war Amendments; specifically bans slavery in the United States.
Term
Black Codes
Definition
Laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War.
Term
Fourteenth Amendment
Definition
One of the three Civil War Amendments; guarantees equal protection and due process of the laws to all U.S. citizens.
Term
Fifteenth Amendment
Definition
One of the three Civil War Amendments; specifically enfranchised newly freed male slaves.
Term
Civil Rights Cases (1883)
Definition
Name attached to five cases brought under the Civil Rights Act of 1875. In 1883, the Supreme Court decided that discrimination in a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because such discrimination was private discrimination and not state discrimination.
Term
Poll tax
Definition
A tax levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot.
Term
Grandfather clause
Definition
Voting qualification provision in many southern states that allowed only those whose grandfathers had voted before Reconstruction to vote unless they passed a wealth or literacy test.
Term
Plessy v. Ferguson (1896)
Definition
Plessy challenged a Louisiana statute requiring that railroads provide separate accommodations for blacks and whites. The Court found that separate but equal accommodations did not violate the equal protection clause of the Fourteenth Amendment.
Term
Suffrage movement
Definition
The drive for voting rights for women that took place in the United States from 1890 to 1920.
Term
Nineteenth Amendment
Definition
Amendment to the Constitution that guaranteed women the right to vote.
Term
Brown v. Board of Education (1954)
Definition
U.S. Supreme Court decision holding that school segregation is inherently unconstitutional because it violates the Fourteenth Amendment's guarantee of equal protection; marked the end of legal segregation in the United States.
Term
Equal protection clause
Definition
Section of the Fourteenth Amendment that guarantees that all citizens receive "equal protection of the laws."
Term
Civil Rights Act of 1964
Definition
Legislation passed by Congress to outlaw segregation in public facilities and racial discrimination (among other types of decision-making) in employment, education, and voting; created the Equal Employment Opportunity Commission.
Term
Equal Employment Opportunity Commission
Definition
Federal agency created to enforce the Civil Rights Act of 1964, which forbids discrimination on the basis of race, creed, national origin, religion, or sex in hiring, promotion, or firing.
Term
Equal Rights Amendment
Definition
Proposed amendment that would bar discrimination against women by federal or state governments.
Term
Suspect classification
Definition
Category or class, such as race, that triggers the highest standard or scrutiny from the Supreme Court.
Term
Strict scrutiny
Definition
A heightened standard of review used by the Supreme Court to determine the constitutional validity of a challenged practice.
Term
Title IX
Definition
Provision of the Educational Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students.
Term
Affirmative action
Definition
Policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group.
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