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Government Final Exam
East Lansing High School Class of 2010
115
History
12th Grade
01/11/2010

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Term
Alexander Hamilton
Definition
United States statesman and leader of the Federalists; as the first Secretary of the Treasury he establish a federal bank; was mortally wounded in a duel with Aaron Burr (1755-1804)
Term
Andrew Johnson
Definition
17th President of the United States; was elected vice president and succeeded Lincoln when Lincoln was assassinated; was impeached but acquitted by one vote (1808-1875)
Term
George Washington
Definition
George Washington (February 22, 1732 [O.S. February 11, 1731][1][2][3]– December 14, 1799) was the commander of the Continental Army in the American Revolutionary War (1775–1783) and the first President of the United States of America (1789–1797).[4] For his central role in the formation of the United States, he is often referred to as the father of his country.[5][6]
Term
John Locke
Definition
August 1632 – 28 October 1704) was an English physician and philosopher regarded as one of the most influential of Enlightenment thinkers. Considered the first of the British empiricists, he is equally important to social contract theory. His work had a great impact upon the development of epistemology and political philosophy. His writings influenced Voltaire and Rousseau, many Scottish Enlightenment thinkers, as well as the American revolutionaries. His contributions to classical republicanism and liberal theory are reflected in the American Declaration of Independence.[2]
Term
Richard Nixon
Definition
Richard Milhous Nixon (January 9, 1913 – April 22, 1994) was the 37th President of the United States from 1969–1974 and was also the 36th Vice President of the United States (1953–1961). Nixon was the only President to resign the office and also the only person to be elected twice to both the Presidency and the Vice Presidency.
Term
Thomas Hobbes
Definition
Thomas Hobbes (5 April 1588 – 4 December 1679), in some older texts Thomas Hobbs of Malmsbury [1], was an English philosopher, remembered today for his work on political philosophy. His 1651 book Leviathan established the foundation for most of Western political philosophy from the perspective of social contract theory.[2]
Term
Thomas Jefferson
Definition
April 13, 1743 – July 4, 1826)[2] was the third President of the United States (1801–1809), the principal author of the Declaration of Independence (1776), and one of the most influential Founding Fathers for his promotion of the ideals of republicanism in the United States. Jefferson envisioned America as the force behind a great "Empire of Liberty."[3], that would promote republicanism and counter the imperialism of the British Empire.
Term
William Clinton
Definition
August 19, 1946)[1] was the 42nd President of the United States from 1993 to 2001. He was the third-youngest president; only Theodore Roosevelt and John F. Kennedy were younger when entering office. He became president at the end of the Cold War, and as he was born in the period after World War II, he is known as the first Baby Boomer president.[2] His wife, Hillary Rodham Clinton, is currently the United States Secretary of State. She was previously a United States Senator from New York, and also candidate for the Democratic presidential nomination in 2008. Both are graduates of Yale Law School.
Term
John Roberts
Definition
(born January 27, 1955) is the 17th and current Chief Justice of the United States. He has served since 2005, having been nominated by President George W. Bush after the death of former Chief Justice William Rehnquist. He is usually considered to be a judicial conservative.
Term
Sandra Day O'Conner
Definition
(born March 26, 1930) is an American jurist and was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by Republican President Ronald Reagan in 1981.[2]
Term
Checks and Balances
Definition
To prevent one branch from becoming supreme, and to induce the branches to cooperate, governance systems that employ a separation of powers need a way to balance each of the branches. Typically this was accomplished through a system of "checks and balances", the origin of which, like separation of powers itself, is specifically credited to Montesquieu. Checks and balances allows for a system based regulation that allows one branch to limit another, such as the power of Congress to alter the composition and jurisdiction of the federal courts.
Term
Civilian Control of the Military
Definition
a doctrine in military and political science that places ultimate responsibility for a country's strategic decision-making in the hands of the civilian political leadership, rather than professional military officers. One author, paraphrasing Samuel P. Huntington's writings in The Soldier and the State, has summarized the civilian control ideal as "the proper subordination of a competent, professional military to the ends of policy as determined by civilian authority"
Term
Diversity
Definition
In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court (the trial courts of general jurisdiction in the federal judiciary) has to hear a civil case because the persons that are parties are "diverse" in citizenship, which generally indicates that they are citizens of different states or non-U.S. citizens. (Corporations, as legal persons, may also be included). Diversity jurisdiction and federal-question jurisdiction (jurisdiction over issues arising under federal law) constitute the two primary sources of subject matter jurisdiction in U.S. federal courts.
Term
Equality
Definition
is the principle under which each individual is subject to the same laws, with no individual or group having special legal privileges.
Term
Federalism
Definition
a political concept in which a group of members are bound together (Latin: foedus, covenant) with a governing representative head. The term federalism is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and constituent political units (like states or provinces). Federalism is a system in which the power to govern is shared between national and central (state) governments, creating what is often called a federation. Proponents are often called federalists.
Term
Freedom of Religion
Definition
a principle that supports the freedom of an individual or community, in public or private, to manifest religion or belief in teaching, practice, worship, and observance; the concept is generally recognized also to include the freedom to change religion or not to follow any religion.[1] Freedom of religion is considered by many people and nations to be a fundamental human right.[2] Thomas Jefferson said (1807) "among the inestimable of our blessings, also, is that ...of liberty to worship our Creator in the way we think most agreeable to His will; ..."[3]
Term
Individual Rights
Definition
refer to the rights of individuals, in contrast with group rights. An individual right is the sanction of independent action. Both natural and legal conceptions or rights may distinguish between individual and group rights, although natural rights theories often limit themselves to discussion of individual rights, group rights thus existing mostly as legal rights.
Term
Justice
Definition
the concept of moral rightness based on ethics, rationality, law, natural law, religion, fairness, or equity
Term
Liberty
Definition
a concept of political philosophy and identifies the condition in which an individual has the right to act according to his or her own will. In feudal times, a liberty was an area of allodial land in which regalian rights had been waived.
Term
Life
Definition
the right to live
Term
Patriotism
Definition
love of and/or devotion to one's country
Term
Popular Soveregnty
Definition

the belief that the legitimacy of the state is created by the will or consent of its people, who are the source of every political power. It is closely associated with the social contract philosophers, among whom are Thomas Hobbes, John Locke, and Jean-Jacques Rousseau. Popular sovereignty expresses a concept and does not necessarily reflect or describe a political reality.[1] It is often contrasted with the concept of parliamentary sovereignty. Benjamin Franklin expressed the concept when he wrote, "In free governments the rulers are the servants and the people their superiors and sovereigns."[2]

Term
Prepresentative Government
Definition
is a form of government founded on the principle of elected individuals representing the people, as opposed to either autocracy or direct democracy.[1]
Term
Separation of Powers
Definition
lso known as trias politica, is a model for the governance of democratic states. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the uncodified Constitution of the Roman Republic. Under this model, the state is divided into branches or estates, each with separate and independent powers and areas of responsibility. The normal division of estates is into an executive, a legislature, and a judiciary
Term
THe common Good
Definition
non-profit, non-partisan information and public advocacy organization of the media, business, arts and entertainment communities. It was originally established in 1987 in Los Angeles in the entertainment industry as Show Coalition and is now headquartered in New York City. The Common Good seeks to spark increased civic involvement and participation in the political process, bolstering the democratic process and progressive activism.
Term
THe Rule of Law
Definition
also called supremacy of law, means that the law is above everyone and it applies to everyone. Whether governor or governed, rulers or ruled, no one is above the law, no one is exempted from the law, and no one can grant exemption to the application of the law.
Term
Plessy v. Ferguson
Definition

(1896), is a landmark United States Supreme Court decision in the jurisprudence of the United States, upholding the constitutionality of racial segregation even in public accommodations (particularly railroads), under the doctrine of "separate but equal".

The decision was handed down by a vote of 7 to 1 (Justice David Josiah Brewer did not participate in the decision), with the majority opinion written by Justice Henry Billings Brown and the dissent written by Justice John Marshall Harlan. "Separate but equal" remained standard doctrine in U.S. law until its repudiation in the 1954 Supreme Court decision Brown v. Board of Education.

After the high court ruled, the New Orleans Comité des Citoyens (Committee of Citizens) that had brought the suit and that had arranged for Homer Plessy's arrest in order to challenge Louisiana's segregation law, replied, “We, as freemen, still believe that we were right and our cause is sacred.”[1]

Term
Dred Scott v. Sandford
Definition
(1857), commonly referred to as The Dred Scott Decision, was a decision by the United States Supreme Court that ruled that people of African descent imported into the United States and held as slaves, or their descendants[2]—whether or not they were slaves—were not protected by the Constitution and could never be citizens of the United States. It also held that the United States Congress had no authority to prohibit slavery in federal territories. The Court also ruled that because slaves were not citizens, they could not sue in court. Lastly, the Court ruled that slaves—as chattel or private property—could not be taken away from their owners without due process. The Supreme Court's decision was written by Chief Justice Roger B. Taney.
Term
Brown v. Board of Education
Definition
(1954),[1] was a landmark decision of the United States Supreme Court that declared state laws establishing separate public schools for black and white students denied black children equal educational opportunities. The decision overturned earlier rulings going back to Plessy v. Ferguson in 1896. Handed down on May 17, 1954, the Warren Court's unanimous (9–0) decision stated that "separate educational facilities are inherently unequal." As a result, de jure racial segregation was ruled a violation of the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. This victory paved the way for integration and the civil rights movement.[2]
Term
Escobedo v. Illinois
Definition
(1964),[1] was a United States Supreme Court case holding that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment. The case was decided a year after the court held in Gideon v. Wainwright, 372 U.S. 335 (1963) that indigent criminal defendants had a right to be provided counsel at trial.
Term
Gibbons v. Ogden
Definition
1824),[1] was a case in which the Supreme Court of the United States held that the power to regulate interstate commerce was granted to Congress by the Commerce Clause of the United States Constitution. The case was argued by some of America's most admired and capable attorneys at the time. Exiled Irish patriot Thomas Addis Emmet and Thomas J. Oakley argued for Ogden, while William Wirt and Daniel Webster argued for Gibbons.
Term
Gideon v. Wainwright
Definition
(1963), is a landmark case in United States Supreme Court history. In the case, the Supreme Court unanimously ruled that state courts are required under the Sixth Amendment of the Constitution to provide counsel in criminal cases for defendants who are unable to afford their own attorneys.
Term
Mapp v. Ohio
Definition
(1961), was a landmark case in criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment, which protects against "unreasonable searches and seizures," may not be used in criminal prosecutions in state courts, as well as federal courts.
Term
McCulloch v. Maryland
Definition

1819), was a landmark decision by the Supreme Court of the United States. The state of Maryland had attempted to impede operation of a branch of the Second Bank of the United States by imposing a tax on all notes of banks not chartered in Maryland. Though the law, by its language, was generally applicable, the U.S. Bank was the only out-of-state bank then existing in Maryland, and the law is generally recognized as having specifically targeted the U.S. Bank. The Court invoked the Necessary and Proper Clause in the Constitution, which allowed the Federal government to pass laws not expressly provided for in the Constitution's list of express powers as long as those laws are in useful furtherance of the express powers.

This fundamental case established the following two principles:

  1. The Constitution grants to Congress implied powers for implementing the Constitution's express powers, in order to create a functional national government.
  2. State action may not impede valid constitutional exercises of power by the Federal government.

The opinion was written by Chief Justice John Marshall

Term
Miranda v. Arizona
Definition
(consolidated with Westover v. United States, Vignera v. New York, and California v. Stewart), 384 U.S. 436 (1966), was a landmark 5-4 decision of the United States Supreme Court which was argued February 28–March 1, 1966 and decided June 13, 1966. The Court held that both inculpatory and exculpatory statements made in response to interrogation by a defendant in police custody will be admissible at trial only if the prosecution can show that the defendant was informed of the right to consult with an attorney before and during questioning and of the right against self-incrimination prior to questioning by police, and that the defendant not only understood these rights, but voluntarily waived them.
Term
Roe v. Wade
Definition

(1973),[1] a landmark case decided by the United States Supreme Court on the issue of abortion, is one of the most controversial and politically significant cases in U.S. Supreme Court history.

The Court held that a woman may abort her pregnancy for any reason, up until the "point at which the fetus becomes 'viable.'" The Court defined viability as the potential "to live outside the mother's womb, albeit with artificial aid," adding that viability "is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks."[2] The Court said that, after viability, abortion must be available when needed to protect a woman's health, as defined in the companion case of Doe v. Bolton.[3] The Court rested these conclusions on a constitutional right to privacy emanating from the Due Process Clause of the Fourteenth Amendment, also known as substantive due process.

In disallowing many state and federal restrictions on abortion in the United States,[4] Roe v. Wade prompted a national debate that continues today, about issues including whether and to what extent abortion should be legal, who should decide the legality of abortion, what methods the Supreme Court should use in constitutional adjudication, and what the role should be of religious and moral views in the political sphere. Roe v. Wade reshaped national politics, dividing much of the nation into pro-Roe (mostly pro-choice) and anti-Roe (mostly pro-life) camps, while activating grassroots movements on both sides.

Term
United States v. Nixon
Definition

(1974), was a landmark United States Supreme Court decision. It was a unanimous 8-0 ruling involving President Richard Nixon and was important to the late stages of the Watergate scandal. It is considered a crucial precedent limiting the power of any U.S. president.

Chief Justice Warren E. Burger wrote the opinion for a unanimous court, joined by Justices William O. Douglas, William J. Brennan, Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun and Lewis F. Powell.

Associate Justice William Rehnquist, a Nixon appointee, recused himself as he had a prior association with the Nixon administration.[1][2]

Term
1st amendment
Definition
the United States Constitution is part of the Bill of Rights. The amendment prohibits the Congress from making laws "respecting an establishment of religion", impeding the free exercise of religion, infringing on the freedom of speech and infringing on the freedom of the press. In the 20th century, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment applies the First Amendment to each state, including any local government.
Term
2nd amendment
Definition

the United States Constitution is the part of the United States Bill of Rights that protects a right to keep and bear arms.[1] The Second Amendment was adopted on December 15, 1791, along with the rest of the Bill of Rights. The American Bar Association has noted that there is more disagreement and less understanding about this right than of any other current issue regarding the Constitution.[2]

For almost a century after the ratification of the Bill of Rights, the intended meaning and application of the Second Amendment drew less interest than it does in modern times.[3] Notable U.S. Supreme Court interpretations of the Second Amendment include those in United States v. Cruikshank (1875), Presser v. Illinois (1886), Miller v. Texas (1894), Robertson v. Baldwin (1897), United States v. Miller (1939) and District of Columbia v. Heller (2008).

Term
4th amendment
Definition

the part of the Bill of Rights which guards against unreasonable searches and seizures. It was ratified as a response to the abuse of the writ of assistance, which is a type of general search warrant, in the American Revolution. The amendment specifically also requires search and arrest warrants be judicially sanctioned and supported by probable cause. Search and arrest should be limited in scope according to specific information supplied to the issuing court, usually by a law enforcement officer, who has sworn by it.

In Mapp v. Ohio, 367 U.S. 643 (1961), the Supreme Court ruled that the Fourth Amendment applies to the states by way of the Due Process Clause of the Fourteenth Amendment. The Supreme Court has also ruled that certain searches and seizures violated the Fourth Amendment even when a warrant was properly granted.

Term
5th amendment
Definition
which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215. For instance, grand juries and the phrase "due process" both trace their origin to the Magna Carta.
Term
6th amendment
Definition
is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions in federal courts. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.
Term
8th amendment
Definition
he United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The phrases employed originate in the English Bill of Rights of 1689. In Louisiana ex rel. Francis v. Resweber 329 U.S. 459 (1947), the Supreme Court assumed that the Cruel and Unusual Punishments Clause applied to the states. In Robinson v. California, 370 U.S. 660 (1962), the Court ruled that clause did apply to the states through the Fourteenth Amendment. The Court has not ruled on whether the Excessive Bail or Excessive Fines Clauses apply to the states.
Term
10th amendment
Definition
the United States Constitution, which is part of the Bill of Rights, was ratified on December 15, 1791. The Tenth Amendment restates the Constitution's principle of federalism by providing that powers not granted to the national government nor prohibited to the states by the constitution of the United States are reserved to the states or the people.
Term
14th amendment
Definition
he United States Constitution, along with the Thirteenth and Fifteenth Amendments, was adopted after the Civil War as one of the Reconstruction Amendments on July 9, 1868. The amendment provides a broad definition of citizenship, overruling the decision in Dred Scott v. Sandford (1857), which had excluded slaves, and their descendants, from possessing Constitutional rights; this was used in the mid-20th century to dismantle racial segregation in the United States, as in Brown v. Board of Education (1954). Its Due Process Clause has been used to apply all of the Bill of Rights to the states. This clause has also been used to recognize: (1) substantive due process rights, such as parental and marriage rights; and (2) procedural due process rights requiring that certain steps, such as a hearing, be followed before a person's "life, liberty, or property" can be taken away. The amendment's Equal Protection Clause requires states to provide equal protection under the law to all people within their jurisdictions. The amendment also includes a number of clauses dealing with the Confederacy and its officials.
Term
15th amendment
Definition
the United States Constitution prohibits each government in the United States from denying a citizen the right to vote based on that citizen's "race, color, or previous condition of servitude" (i.e., slavery). It was ratified on February 3, 1870.
Term
19th amendment
Definition
the United States Constitution prohibits each state and the federal government from denying any citizen the right to vote because of that citizen's sex. It was ratified on August 18, 1920.
Term
20th amendment
Definition
he United States Constitution establishes the beginning and ending of the terms of the elected federal officials. It also deals with scenarios in which there is no President-elect. The Twentieth Amendment was ratified on January 23, 1933.
Term
22nd amendment
Definition
the United States Constitution sets a term limit for the President of the United States. The Congress passed the amendment on March 21, 1947.[1] It was ratified by the requisite number of states on February 27, 1951. The Amendment was the final result of the recommendations of the Hoover Commission which was established by President Harry S. Truman in 1947
Term
23rd amendment
Definition
the United States Constitution permits the District of Columbia to choose Electors for President and Vice President. The amendment was proposed by Congress on June 17, 1960, and ratified by the states on March 29, 1961. The first Presidential election in which it was in effect was the presidential election of 1964.
Term
25th amendment
Definition
the United States Constitution deals with succession to the Presidency and establishes procedures both for filling a vacancy in the office of the Vice President, as well as responding to Presidential disabilities. It supersedes the ambiguous wording of Article II, Section 1, Clause 6 of the Constitution, which does not expressly state whether the Vice President becomes the President, as opposed to an "Acting President", if the President dies, resigns, is removed from office or is otherwise unable to discharge the powers of the presidency.[1] The Twenty-fifth Amendment was ratified in 1967
Term
26th amendment
Definition
to the United States Constitution standardized the voting age to 18. It was adopted in response to student activism against the Vietnam War and to partially overrule the Supreme Court's decision in Oregon v. Mitchell. It was adopted on July 1, 1971.
Term
27th amendment
Definition
prohibits any law that increases or decreases the salary of members of the Congress from taking effect, until the start of the next set of terms of office for Representatives. It is the most recent amendment to the United States Constitution, having been ratified in 1992, more than 202 years after its initial submission in 1789.
Term
articles of confederation
Definition
a written agreement ratified in 1781 by the thirteen original states; it provided a legal symbol of their union by giving the central government no coercive power over the states or their citizens)
Term
Bill of Rights
Definition
a statement of fundamental rights and privileges (especially the first ten amendments to the United States Constitution
Term
confederation
Definition
the state of being allied or confederated
Term
Constitution
Definition
(law determining the fundamental political principles of a government
Term
Declaration of Independence
Definition
the document recording the proclamation of the second Continental Congress (4 July 1776) asserting the independence of the Colonies from Great Britain)
Term
Great Compromise
Definition
An agreement made at the Constitutional Convention of 1787 that balanced the interest of the small and large states, resulting in the United States Senate being made up of two Senators from each state and a House of Representatives based on population.
Term

INS/CIS

(Immigration and Naturalization Service; Commonwealth of Individual States)

Definition
an agency in the Department of Justice that enforces laws and regulations for the admission of foreign-born persons to the United States / an alliance made up of states that had been Soviet Socialist Republics in the Soviet Union prior to its dissolution in Dec 1991
Term
Limited Government
Definition
is a government where any more than minimal governmental intervention in personal liberties and the economy is not usually allowed by law, usually in a written Constitution. It is closely related to free market libertarianism and some tendencies of liberalism and conservatism in the United States
Term
Magna Carta
Definition

an English legal charter, originally issued in the year 1215. It was written in Latin and is known by its Latin name. The usual English translation of Magna Carta is Great Charter.

Magna Carta required King John of England to proclaim certain rights (pertaining to freemen), respect certain legal procedures, and accept that his will could be bound by the law. It explicitly protected certain rights of the King's subjects, whether free or fettered — and implicitly supported what became the writ of habeas corpus, allowing appeal against unlawful imprisonment.

Term
Parliament
Definition
a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French parlement, the action of parler (to speak): a parlement is a discussion. The term came to mean a meeting at which such a discussion took place. It acquired its modern meaning as it came to be used for the body of people (in an institutional sense) who would meet to discuss matters of state.
Term
Problems with the articles of confederation
Definition
-No power to tax- the government could only ask states for money, even though they had millions of dollars worth of debt
-amendments to the articles required the approval of all 13 states, which was nearly impossible
-no power over foreign commerce- they couldn’t protect or standardize trade between the states and foreign nations
-9 states had to be represented to make any important decision- there was very poor attendance and no way to force delegates to come
Term
Salutary Neglect
Definition
an undocumented, though long-standing British policy of avoiding strict enforcement of parliamentary laws, meant to keep the American colonies obedient to Great Britain. Prime Minister Robert Walpole stated that "If no restrictions were placed on the colonies, they would flourish"[citation needed]. This policy, which lasted from about 1607 to 1763, allowed the enforcement of trade relations laws to be lenient. Walpole did not believe in enforcing the Navigation Acts, established under Oliver Cromwell and Charles II and designed to force the colonists to trade only with England, Scotland and Ireland. Successive British governments ended this policy through acts such as the Stamp Act and Sugar Act, causing tensions within the colonies.
Term
Unitary Government
Definition
  1. A form of government in which the powers of all provincial and local governments are specified by a single national government.
Term
"full faith and credit" clause
Definition
Article IV, Section 1 of the United States Constitution, commonly known as the Full Faith and Credit Clause, addresses the duties that states within the United States have to respect the "public acts, records, and judicial proceedings" of other states. According to the Supreme Court, there is a difference between the credit owed to laws (i.e. legislative measures and common law) as compared to the credit owed to judgments.[1] Judgments are generally entitled to greater respect than laws, in other states.[2] At present, it is widely agreed that this Clause of the Constitution has little impact on a court's choice of law decision,[3] although this Clause of the Constitution was once interpreted differently.[4]
Term
Block Grants
Definition
In a federal system of government, a block grant is a large sum of money granted by the national government to a regional government with only general provisions as to the way it is to be spent. This can be contrasted with a categorical grant which has more strict and specific provisions on the way it is to be spent.
Term
Cabinet
Definition
A Cabinet is a body of high-ranking members of government, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or Executive Committee.
Term
Categorical grant
Definition
are grants, issued by the United States Congress, which may be spent only for narrowly-defined purposes. Additionally, recipients of categorical grants are often required to match a portion of the federal funds. About 90% of federal aid dollars are spent for categorical grant.
Term
Concurrent Powers
Definition

In the United States of America and many other Federalist Nations, concurrent powers are held by both the states and the federal government and may be exercised simultaneously within the same territory and in relation to the same body of citizens. powers are held by both the states and the federal government and may be exercised simultaneously within the same territory and in relation to the same body of citizens. This is contrasted with delegated powers and reserved powers. Some of the concurrent powers enjoyed by both the federal and state governments are: the power to tax, make roads, protect the environment, create lower courts and borrow money. It is important to remember that where there is a discrepancy, commonwealth powers prevail. This was seen in the (Australian) Franklin Dam Case 1983.

Concurrent powers include, but are not limited to:

  • Borrowing money(not to be confused with coining money)
  • Establish and maintaining courts
  • Enforcing laws
  • Regulating trade
  • taxing
Term
Elastic Clause
Definition

The Necessary and Proper Clause (also known as the Elastic Clause, the Basket Clause, the Coefficient Clause, and the Sweeping Clause[1]) is the provision in Article One of the United States Constitution, section 8, clause 18:

The Congress shall have Power - To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Term
Federalism
Definition
in the United States is the evolving relationship between U.S. state governments and the federal government of the United States. Since the founding of the country, and particularly with the end of the American Civil War, power shifted away from the states and towards the national government.[1]
Term
Liberty
Definition
is a concept of political philosophy and identifies the condition in which an individual has the right to act according to his or her own will. In feudal times, a liberty was an area of allodial land in which regalian rights had been waived.
Term
Social Contract
Definition
describes a broad class of theories that try to explain the ways in which people form states to maintain social order. The notion of the social contract implies that the people give up some rights to a government or other authority in order to receive or maintain social order through the rule of law. It can also be thought of as an agreement by the governed on a set of rules by which they are governed.
Term
Amendment Process
Definition
Since the enactment of the Bill of Rights, the amendment process has been used sparingly. While numerous amendments have been proposed in Congress, only a handful have gone to the states for action. An additional 17 amendments to the Constitution have been ratified over the last 200 years; six proposals failed to win enough support — most recently, the Equal Rights Amendment, strongly backed by women's groups, and an amendment to give the District of Columbia full representation in Congress. The country has used the amendment process once to promote a particular social policy; Amendment XVIII (1919) prohibited the manufacture and sale of intoxicating liquors but was repealed in 1933 (Amendment XXI). The other amendments either address how the government operates or expand equality.
Term
Delegated Powers
Definition
the powers to declare war and to raise taxes; regulate immigration & naturalization; regulate interstate commerce; set standards for weights & measures; establish & enforce copyright laws; create lower courts; establish foreign policy; establish a postal system.
Term
Expressed Powers
Definition
the powers to declare war and to raise taxes; regulate immigration & naturalization; regulate interstate commerce; set standards for weights & measures; establish & enforce copyright laws; create lower courts; establish foreign policy; establish a postal system.
Term
Extradition (Process)
Definition
is the official process whereby one nation or state surrender of a suspected or convicted criminal. Between nation states, extradition is regulated by treaties. Where extradition is compelled by laws, such as among sub-national jurisdictions, the concept may be known more generally as rendition.
Term
Federalists and Anti-Federalists
Definition
The creation of the Constitution entailed hours of debate and compromise, and even when it was completed, some delegates were unhappy with it. The task of fixing the ailing Confederate government was not complete yet; each state had to ratify, or approve, the Constitution. Basically, people divided into two groups, the Federalists and the Anti-Federalists. Each of their viewpoints is worth examining, as they both have sound reasoning.
Term
Implied Powers
Definition
are powers not given to the government directly through the Constitution, but are implied.
Term
Informal changes to the constitution
Definition
There are several ways to informally change the Constitution of the US. One example is Article I, Section 8, Clause 18. It is known as the “elastic clause” because it “stretches” the power of Congress. This gives Congress the power to pass laws considered “necessary and proper” for carrying out the other powers of Congress. The development of political parties, political custom, and tradition are also informal ways to change the Constitution. For example, the Constitution says nothing about the President’s Cabinet to help him/her make decisions. This was begun by Washington and developed over the years by presidents who felt they needed special advisors for various subjects
Term
Reserved Powers
Definition
Powers reserved for the states under the 10th Amendment of the United States Constitution.
Term
Revenue Sharing
Definition
was in place from 1972-1987. Under this policy, Congress gave an annual amount of federal tax revenue to the states and their cities, counties and townships. Revenue sharing was extremely popular with state officials, but it lost federal support during the Reagan Administration. In 1987, revenue sharing was replaced with block grants in smaller amounts to reduce the federal deficit.
Term
Senatorial Courtesy
Definition
is an unwritten political custom in the United States whereby the president consults the senior U.S. Senator of his political party of a given state before nominating any person to a federal vacancy within that Senator's state.[1] It is strictly observed in connection with the appointments of federal district court judges, U.S. attorneys, and federal marshals. Except in rare cases, senatorial courtesy is not honored by the president or the entire Senate when the president and senators of said state are of different political parties.
Term
Superemacy Clause
Definition
a clause in the United States Constitution, Article VI, Clause 2. The clause establishes the Constitution, Federal Statutes, and U.S. treaties as "the supreme law of the land". The text establishes these as the highest form of law in the American legal system, mandating that state judges uphold them, even if state laws or constitutions conflict.
Term
Consensus
Definition
is defined in English as, firstly, general agreement and, secondly, group solidarity of belief or sentiment
Term
Conservative
Definition
s a political attitude and philosophy that advocates institutions and traditional practices that have developed organically,[2][3] thus emphasizing stability and continuity.[3] The first established use of the term in a political context was by François-René de Chateaubriand in 1819, following the French Revolution.[4] The term has since been used to describe a variety of politicians with a wide range of views.
Term
Liberal
Definition
is the belief in the importance of individual freedom. This belief is widely accepted today throughout the world, and was recognized as an important value by many philosophers throughout history. The Roman Emperor Marcus Aurelius wrote praising "the idea of a polity administered with regard to equal rights and equal freedom of speech, and the idea of a kingly government which respects most of all the freedom of the governed".[2]
Term
Minor Parties/Third
Definition
is used in the United States for a political party other than one of the two major parties, at present, the Democratic Party and the Republican Party. It is used as shorthand for all such parties (also called "minor parties"), or sometimes only the largest of them. The term is often used dismissively.
Term
Parisan Politics
Definition
In multi-party systems, the term is widely understood to carry a negative connotation - referring to those who wholly support their party's policies and are perhaps even reluctant to acknowledge correctness on the part of their political opponents in almost any situation.
Term
Platform
Definition

A government platform is a political platform of a government. A new government, when entering office, lists their objectives to be accomplished while in office.

Government platforms are especially important in coalition governments, where several parties with possibly conflicting political platforms agree on a compromise. The distinction between a party platform and a government platform may be blurred in countries where single parties often form governments, but the distinction is still significant.

Term
Public Affairs
Definition
Under general supervision, the Government Affairs Specialist initiates, prepares, interprets,
reviews and monitors legislation and administrative regulations affecting the Port in coordination
with the Port's senior management and legislative lobbyist, legislators, legislative staff and other
governmental staff at the local, regional, state and federal levels. The incumbent will be involved
in significant participation in local city council issues and initiatives as they relate to the Port of
Oakland and its activities. Performs related duties as required.
Term
two party system
Definition
Political systems in which only two political parties effectively compete for government office.
Term
Apportionment
Definition

distribution or allotment in proper shares.

It is a term used in law in a variety of senses. Sometimes it is employed roughly and has no technical meaning; this indicates the distribution of a benefit (e.g. salvage or damages under the Fatal Accidents Act 1846, § 2), or liability (e.g. general average contributions, or tithe rent-charge), or the incidence of a duty (e.g. obligations as to the maintenance of highways).

Term
Censure
Definition
s a process by which a formal reprimand is issued to an individual by an authoritative body. In a deliberative assembly, a motion to censure is used.
Term
Census
Definition
Count of the US population conducted every ten years by the Census Bureau. The information in the Statewide Database reflects data collected in the 1990 census.
Term
Constitutional
Definition
a set of rules for government—often codified as a written document—that enumerates the powers and functions of a political entity. In the case of countries, this term refers specifically to a national constitution defining the fundamental political principles, and establishing the structure, procedures, powers and duties, of a government. By limiting the government's own reach, most constitutions guarantee certain rights to the people. The term constitution can be applied to any overall law that defines the functioning of a government, including several historical constitutions that existed before the development of modern national constitutions.
Term
Filibuster
Definition
or "speaking or talking out a bill", is a form of obstruction in a legislature or other decision-making body whereby one attempts to delay or entirely prevent a vote on a proposal by extending a debate on that proposal.
Term
Gerrymandering
Definition

a form of boundary delimitation (redistricting) in which electoral district or constituency boundaries are deliberately modified for electoral purposes, thereby producing a contorted or unusual shape. The resulting district is known as a gerrymander; however, that noun can also refer to the process.

Gerrymandering may be used to achieve desired electoral results for a particular party, or may be used to help or hinder a particular group of constituents, such as a political, racial, linguistic, religious or class group.

Term
Junket
Definition
an excursion for the purpose of pleasure at public expense
Term
Majority floor leader
Definition
s a partisan position in a legislative body. If the presiding officer of the body is not elected by the body itself, the majority leader is the floor leader of the majority caucus; otherwise, the majority leader is the second-most senior member of the majority caucus, while the floor leader becomes the presiding officer. Given the two-party nature of the U.S. system, the majority leader is almost inevitably either a Republican or a Democrat.
Term
Minority floor leader
Definition
the Floor Leader of the second-largest caucus in a legislative body.[1] Given the two-party nature of the U.S. system, the minority leader is almost inevitably either a Republican or a Democrat, with their counterpart being of the opposite party. The position is essentially that of the Leader of the Opposition. In bicameral legislatures, the counterpart to the minority leader in the lower house is often the Speaker and the majority leader is hence only the second-most senior member of the majority caucus, whereas in the upper house the titular Speaker is often a separately-elected officer such as a lieutenant governor and the majority leader may in fact be the single most powerful member of the majority caucus.
Term
President Pro Tempore
Definition
is the second-highest-ranking official of the United States Senate and the highest-ranking senator. The U.S. Constitution states the Vice President of the United States serves ex officio as President of the Senate, and is the highest-ranking official of the Senate even though he or she only votes in the case of a tie. During the Vice President's absence, the President pro tempore is the highest-ranking official in the Senate and may preside over its sessions. The President pro tempore is elected by the Senate and is customarily the most senior senator in the majority party. Normally, neither the Vice President of the United States nor the President pro tempore presides; instead, the duty is generally delegated to the majority party's junior senators to help them learn parliamentary procedure.[1] The President pro tempore is third in the line of succession to the Presidency, after the Vice President of the United States and the Speaker of the House of Representatives.[2]
Term
Amnesty
Definition
is a legislative or executive act by which a state restores those who may have been guilty of an offense against it to the positions of innocent people. It includes more than pardon, in as much as it obliterates all legal remembrance of the offense. The word has the same root as amnesia. Amnesty is more and more used to express 'freedom' and the time when prisoners can go free.
Term
Diplomacy
Definition
is the art and practice of conducting negotiations between representatives of groups or states. It usually refers to international diplomacy, the conduct of international relations through the intercession of professional diplomats with regard to issues of peace-making, trade, war, economics and culture. International treaties are usually negotiated by diplomats prior to endorsement by national politicians.
Term
Presidential succession act of 1947
Definition
establishes the line of succession to the powers and duties of the office of President of the United States in the event that neither a President nor Vice President is able to "discharge the powers and duties of the office."
Term

Electoral College

 

Definition
is a set of electors who choose among candidates for a particular office.
Term
State of the Union
Definition
is an annual address presented by the President of the United States to the United States Congress. The address not only reports on the condition of the nation but also allows the president to outline his legislative agenda and national priorities to Congress.[1]
Term
Arraignment
Definition
is a formal reading of a criminal complaint in the presence of the defendant to inform the defendant of the charges against him or her. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar) setting out reasons why a trial cannot proceed. Pleas of "nolo contendere" (no contest) and the "Alford plea" are allowed in some circumstances.
Term
Concurring Opinion
Definition
is a written opinion by one or more judges of a court which agrees with the decision made by the majority of the court, but states different reasons as the basis for his or her decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion.
Term
Deposition
Definition
is witness's out of court testimony that is reduced to writing for later use in court or for discovery purposes Blacks law dictionary
Term
Dissenting Opinion
Definition
in a legal case is an opinion of one or more judges expressing disagreement with the majority opinion of the court which gives rise to its judgment.
Term
Docket
Definition
the official schedule of proceedings in lawsuits pending in a court of law.
Term
Double jeoperdy
Definition
a procedural defense that forbids a defendant from being tried twice for the same crime on the same set of facts. At common law a defendant may plead autrefois acquit or autrefos convict (a peremptory plea), meaning the defendant has been acquitted or convicted of the same offense.[1] If this issue is raised, evidence will be placed before the court, which will normally rule as a preliminary matter whether the plea is substantiated, and if it so finds, the projected trial will be prevented from proceeding.
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