government (ch.1)
the system for implementing decisions made through the political process.
factions (ch.1)
groups of like-minded people who try to influence the government. american government is set up to avoid domination by any one of these groups.
separation of powers (ch.1)
the division of government power across the judicial, executive, and legislative branches.
checks and balances (ch.1)
a system in which each branch of government has some power over the others.
federalism (ch.1)
the division of power across the local, state, and national levels of government.
public goods (ch.1)
services or actions (such as protecting the environment) that, once provided to one person, become available to everyone. government is typically needed to provide public goods because they will be under-provided by the free market.
collective action problems (ch.1)
situations in which the members of a group would benefit by working together to produce some outcome, but each individual is better off refusing to cooperate and reaping benefits from those who to the work.
free rider problem (ch.1)
the incentive to benefit from others' work without making a contribution, which leads individuals in a collective action situation to refuse to work together.
politics (ch.1)
the process that determines what government does.
free market (ch.1)
an economic system based on competition among businesses without government interference.
redistributive tax policies (ch.1)
politics, generally favored by democratic politicians, that use taxation to attempt to create social equality (for example, higher taxation of the rich to provide programs for the poor).
culture wars (ch.1)
political conflict in the united states between "red-state" americans, who tend to have strong religious beliefs, and "blue-state" americans, who tend to be more secular.
ideology (ch.1)
a cohesive set of ideas and beliefs used to organize and evaluate the political world.
conservative (ch.1)
one side of the ideological spectrum defined by support for lower taxes, a free market, and a more limited government; generally associated with republicans.
liberal (ch.1)
one side of the ideological spectrum defined by support for stronger government programs and more market regulation; generally associated with democrats.
libertarians (ch.1)
those who prefer very limited government and therefore tend to be conservative on issues such as welfare policy, environmental policy, and public support for education but liberal on issues of personal liberty such as free speech, abortion, and the legalization of drugs.
democracy (ch.1)
government by the people. in most contexts, this means representative democracy in which the people elect leaders to enact policies. democracies must have fair elections with at least two alternatives.
liberty (ch.1)
political freedom, such as the freedom of speech, press, assembly, and religion. these and other legal and due process rights protecting individuals from government control are outlined in the bill of rights of the u.s. constitution.
equality (ch.1)
in the context of american politics, "equality" means equality before the law, political equality (one person, one vote), and equality of opportunity (the equal chance for everyone to realize their potential), but not material equality (equal income or wealth).
articles of confederation (ch.2)
sent to the states for ratification in 1777, these were the first attempt at a new american government. it was later decided that the articles restricted national government too much, and they were replaced by the constitution.
limited government (ch.2)
a political system in which the powers of the government are restricted to prevent tyranny by protecting property and individual rights.
shay's rebellion (ch.2)
an uprising of about 4000 men in massachusetts in 1786 and 1787
monarchy (ch.2)
a form of government in which power is held by a single person, or monarch, who comes to power through inheritance rather than election.
republicanism (ch.2)
as understood by james madison and the framers, the belief that a form of government in which the interests of the people are represented through elected leaders is the best form of government. our form of government is known as a republican democracy.
"consent of the governed" (ch.2)
the idea that government gains its legitimacy through regular elections in which the people living under that government participate to elect their leaders.
natural rights (ch.2)
also known as "unalienable rights," the declaration of independence defines them as "life, liberty, and the pursuit of happiness." the founders believed that upholding these rights should be the government's central purpose.
federalists (ch.2)
those at the constitutional convention who favored a strong national government and a system of separated powers.
antifederalists (ch.2)
those at the constitutional convention who favored strong state governments and feared that a strong national government would be a threat to individual rights.
pluralism (ch.2)
the idea that having a variety of parties and interests within a government will strengthen the system, ensuring that no group possesses total control.
virginia plan (ch.2)
a plan proposed by the larger states during the constitutional convention that based representation in the national legislature on population. the plan also included a variety of other proposals to strengthen the national government.
new jersey plan (ch.2)
a plan that was in response to the virginia plan, in which smaller states at the constitutional convention proposed that each state should receive equal representation in the national legislature, regardless of size.
great compromise/connecticut compromise (ch.2)
a compromise between the large and small states, proposed by connecticut, in which congress would have two houses: a senate with two legislators per state and a house of representatives in which each state's representation would be based on population.
parliamentary system (ch.2)
a system of government in which legislative and executive power are closely joined. the legislature (parliament) selects the chief executive (prime minister) who forms the cabinet from members of the parliament.
reserved powers (ch.2)
as defined in the tenth amendment, powers that are not given to the national government by the constitution, or not prohibited to the states, are reserved by the states or the people.
national supremacy clause (ch.2)
part of article VI, section 2, of the constitution stating that the constitution and the laws and treaties of the united states are the "supreme law of the land," meaning national laws take precedence over state laws if the two conflict.
three-fifths compromise (ch.2)
the states' decision during the constitutional convention to count each slave as three-fifths of a person in a state's population for the purposes of determining the number of house members and the distribution of taxes.
bill of rights (ch.2)
the first ten amendments to the constitution; they protect individual rights and liberties.
necessary and proper clause/elastic clause (ch.2)
part of article I, section 8, of the constitution that grants congress the power to pass all laws related to one of its expressed powers.
impeachment (ch.2)
a negative or checking power over the other branches that allows congress to remove the president, the vice president, or other "officers of the united states" (including federal judges) for abuses of power.
power of the purse (ch.2)
the constitutional power of congress to raise and spend money. congress can use this as a negative or checking power over the other branches by freezing or cutting their funding.
judicial review (ch.2)
the supreme court's power to strike down a law or executive branch action that it finds unconstitutional.
executive powers clause (ch.2)
part of article II, section 1, of the constitution that states: "the executive power shall be vested in a president of the united states of america." this broad statement has been used to justify many assertions of presidential power.
commerce clause (ch.2)
part of article I, section 8, of the constitution that gives congress "the power to regulate commerce... among the several states." the supreme court's interpretation of this clause has varied, but today is serves as the basis for much of congress's legislation.
enumerated powers (ch.2)
powers explicitly granted to congress, the president, or the supreme court in the first three articles of the constitution. examples include congress's power to "raise and support armies" and the president's power as commander in chief.
implied powers (ch.2)
powers supported by the constitution that are not expressly stated in it.
federalism (ch.3)
the division of power across the local, state, and national governments.
sovereign power (ch.3)
the supreme power of an independent state to regulate its internal affairs without foreign interference.
police powers (ch.3)
the power to enforce laws and provide for public safety.
concurrent powers (ch.3)
responsibilities for particular policy areas, such as transportation, that are shared by federal, state, and local governments.
unitary government (ch.3)
a system in which the national, centralized government holds ultimate authority. it is the most common form of government in the world.
confederal government (ch.3)
a form of government in which states hold power over a limited national government.
intergovernmental organizations (ch.3)
organizations that seek to coordinate policy across member nations.
full faith and credit clause (ch.3)
part of article IV of the constitution requiring that each state's laws by honored by the other states. for example, a legal marriage in one state must be recognized across state lines.
privileges and immunities clause (ch.3)
part of article IV of the constitution requiring that states must treat nonstate residents within their borders as they would treat their own residents. this was meant to promote commerce and travel between states.
states' rights (ch.3)
the idea that states are entitled to a certain amount of self-government, free of federal government intervention. this became a central issues in the period leading up to the civil war.
doctrine of interposition (ch.3)
the idea that if the national government passes an unconstitutional law the people of the states (through their state legislatures) can declare the law void. this idea provided the basis for southern secession and the civil war.
dual federalism (ch.3)
the form of federalism favored by chief justice roger taney in which national and state governments are seen as distinct entities providing separate services. this model limits the power of the national government.
cooperative federalism (ch.3)
a form of federalism in which national and state governments work together to provide services efficiently. this form emerged in the late 1930s, representing a profound shift toward less concrete boundaries of responsibility in national-state relations.
picket fence federalism (ch.3)
a more refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across the levels of government.
fiscal federalism (ch.3)
a form of federalism in which federal funds are allocated to the lower levels of government through transfer payments or grants.
categorical grants (ch.3)
federal aid to state or local governments that is provided for a specific purpose, such as a mass-transit program within the transportation budget or a school lunch program within the education budget.
block grants (ch.3)
federal aid provided to a state government to be spent within a certain policy area, but the state can decide how to spend the money within that area.
unfunded mandates (ch.3)
federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies.
coercive federalism (ch.3)
a form of federalism in which the federal government pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw federal funding).
federal preemptions (ch.3)
impositions of national priorities on the states through national legislation that is based on the constitution's supremacy clause.
competitive federalism (ch.3)
a form of federalism in which states compete to attract businesses and jobs through the policies they adopt.
remedial legislation (ch.3)
national laws that address discriminatory state laws. authority for such legislation comes from section 5 of the fourteenth amendment.
states' sovereign immunity (ch.3)
based on the eleventh amendment, immunity that prevents state governments from being sued by private parties in federal court unless the state consents to the suit.
civil liberties (ch.4)
basic political freedoms that protect citizens from governmental abuses of power.
civil war amendments (ch.4)
the thirteenth, fourteenth, and fifteenth amendments to the constitution, which abolishes slavery and granted civil liberties and voting rights to freed slaves after the civil war.
due process clause (ch.4)
part of the fourteenth amendment that forbids states from denying "life, liberty, or property" to any person without due process of law. (a nearly identical clause in the fifth amendment applies only to the national government.)
selective incorporation (ch.4)
the process through which the civil liberties granted in the bill of rights were applied to the states on a case-by-case basis through the fourteenth amendment.
establishment clause (ch.4)
part of the first amendment that states "congress shall make no law respecting an establishment of religion," which has been interpreted to mean that congress cannot sponsor or favor any religion.
Free exercise clause
Part of the First Amendment that states that Congress cannot prohibit or interfere with the practice of religion. (page 110)
Lemon test
The Supreme Court uses this test, established in Lemon v. Kurtzman, to determine whether a practice violates the First Amendment's establishment clause. (page 111)
Strict scrutiny
The highest level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must be shown to serve a 'compelling state interest' or goal, it must be narrowly tailored to achieve that goal, and it must be the least restrictive means of achieving that goal. (page 114)
Intermediate scrutiny
The middle level of scrutiny the courts can use when determining whether a law is constitutional. To meet this standard, the law or policy must further an important government interest in a way that is 'substantially related' to that interest and must use means that are a close fit to the government's goal and not substantially broader than is necessary to accomplish that goal, and the policy must be 'content neutral.' (page 114)
Clear and present danger test
Established in Schenck v. United States, this test allowed the government to restrict certain types of speech deemed dangerous. (page 114)
Direct incitement test
Established in Brandenburg v. Ohio, this test protects threatening speech under the First Amendment unless that speech aims to and is likely to cause imminent 'lawless action.' (page 115)
Symbolic speech
Nonverbal expression, such as the use of signs or symbols. It benefits from many of the same constitutional protections as verbal speech because of its expressive value. (page 116)
Hate speech
Expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. It is currently protected under the First Amendment. (page 117)
Prior restraint
A limit on freedom of the press that allows the government to prohibit the media from publishing certain materials. (page 120)
Fighting words
Forms of expression that 'by their very utterance' can incite violence. These can be regulated by the government but are often difficult to define. (page 121)
Slander
Spoken false statements that damage a person's reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech. (page 121)
Libel
Written false statements that damage a person's reputation. They can be regulated by the government but are often difficult to distinguish from permissible speech. (page 121)
Commercial speech
Public expression with the aim of making a profit. It has received greater protection under the First Amendment in recent years but remains less protected than political speech. (page 122)
Miller test
Established in Miller v. California, this three-part test is used by the Supreme Court to determine whether speech meets the criteria for obscenity. If so, it can be restricted by the government. (page 123)
Due process rights
The idea that laws and legal proceedings must be fair. The Constitution guarantees that the government cannot take away a person's 'life, liberty, or property, without due process of law.' Other specific due process rights are found in the Fourth, Fifth, Sixth, and Eighth Amendments, such as protection from self-incrimination and freedom from illegal searches. (page 126)
Exclusionary rule
The principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial. (page 128)
Miranda rights
The list of civil liberties described in the Fifth Amendment that must be read to a suspect before anything the suspect says can be used in a trial. (page 131)
Double jeopardy
Being tried twice for the same crime. This is prevented by the Fifth Amendment. (page 132)
Privacy rights
Liberties protected by several amendments in the Bill of Rights that shield certain personal aspects of citizens' lives from governmental interference, such as the Fourth Amendment's protection against unreasonable searches and seizures. (page 135)
civil rights
Rights that guarantee individuals freedom from discrimination. These rights are generally grounded in the equal protection clause of the Fourteenth Amendment and more specifically laid out in laws passed by Congress, such as the 1964 Civil Rights Act. (page 145)
disenfranchised
To have been denied the ability to exercise a right, such as the right to vote. (page 147)
grandfather clause
A type of law enacted in several southern states to allow those who were permitted to vote before the Civil War, and their descendants, to bypass literacy tests and other obstacles to voting, thereby exempting whites from these tests while continuing to disenfranchise African Americans and other people of color. (page 147)
Jim Crow laws
State and local laws that mandated racial segregation in all public facilities in the South, many border states, and some northern communities between 1876 and 1964. (page 147)
"separate but equal" doctrine
The idea that racial segregation was acceptable as long as the separate facilities were of equal quality; supported by Plessy v. Ferguson and struck down by Brown v. Board of Education. (page 147)
protectionism
The idea under which some people have tried to rationalize discriminatory policies by claiming that some groups, like women or African Americans, should be denied certain rights for their own safety or well-being. (page 150)
de jure
Relating to actions or circumstances that occur "by law," such as the legally enforced segregation of schools in the American South before the 1960s. (page 165)
de facto
Relating to actions or circumstances that occur outside the law or "by fact," such as the segregation of schools that resulted from housing patterns and other factors rather than from laws. (page 165)