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| the system for implementing decisions made through the political process |
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| groups of like-minded people who try to influence the government. american gov't is set up to avoid domination by any one of these groups. |
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| the division of government power across the judicial, executive, and legislative branches |
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| a system in which each branch of gov't has some power over the other |
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| the division of power across the local, state, and national levels of gov't |
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| services or actions (such as protecting the environment)that, once provided to one person, become available to everyone. gov't is typically needed to provide public goods because they will be under-produced by the free market |
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| collective action problem |
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| a situation 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 do the work |
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| the incentive to benefit from others' work without contributing that leads individuals in a collective action situation to refuse to work together |
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| benefits created by a public good that are shared by the primary consumer of the good and by society more generally |
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| the process that determines what government does |
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| an economic system based on competition between businesses without government interference |
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| the autonomy of individuals to manage their own financial decisions without government interference |
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| redistributive tax policies |
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| policies, generally favored by democratic politicians, in which taxation is used to attempt to create greater social equality, i.e. higher taxation of the rich to provide programs for the poor |
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| 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 |
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| the idea that as different racial and ethnic groups come to america, they should assimilate into american culture, leaving their native languages, customs, and traditions behind |
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| a cohesive set of ideas and beliefs used to organize and evaluate the political world |
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| one side of the ideological spectrum defined by support for lower taxes, a free market, and a more limited government; generally associated with republicans |
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| one side of the ideological spectrum defined by support for stronger gov't programs and more market regulation; generally associated with democrats |
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| those who prefer very limited government and therefore tend to be quite conservative on issues such as welfare policy, environmental policy, and public support for education, but very liberal on issues of personal liberty like free speech, abortion, and the legalization of drugs |
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| a form of government in which the interests of the people are represented through elected leaders |
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| a form of government in which power is held by a single person, or monarch, who comes to power through inheritance rather than election |
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| articles of confederation |
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Definition
| written in 1776, these were the first attempt at a new american gov't; it was later decided that the articles restricted national gov't too much, and they were replaced by the constitution |
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| articles of confederation |
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Definition
| written in 1776, these were the first attempt at a new american gov't; it was later decided that the articles restricted national gov't too much, and they were replaced by the constitution |
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| a system in which the powers of the gov't are restricted to protect against tyranny |
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| the beliefe that a form of gov't in which the interests of the people are represented through elected leaders is the best form of gov't |
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| "consent of the governed" |
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| the idea that gov't gains its legitimacy through regular elections in which the people living under that gov't participate to elect their leaders |
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| natural rights/unalienable rights |
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| the declaration of independence defines them as "life, liberty, and the pursuit of happiness;" the founders believed that upholding these rights should be the gov'ts central purpose |
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| those at the constitutional conv. who favored a strong nat'l gov't over strong state gov'ts |
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| those at the const. conv. who favored strong state gov'ts over a strong nat'l govt |
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| the idea that having a variety of parties and interests within a govt will strengthen the system, ensuring that no group posses total control |
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| the idea that having a variety of parties and interests within a govt will strengthen the system, ensuring that no group posses total control |
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| proposed by larger states during the const. conv. in which representation in the national legislature was based on population. also included a variety of other proposals to strengthen the nat'l govt |
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| in response to the va. plan, smaller states offered this plan in which each state would receive equal representation in the natl legis, regardless of size |
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| compromise b.t.. 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 |
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| a system of govt 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 |
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| national supremacy clause |
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| part of art vi, sec 2 stating that the constitution is the "supreme law of the land" meaning that national laws take precedent over state laws if the two conflict |
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| the states' decision during the cc to count each slave as 3/5ths of a person for the purposes of determining the number of house districts per state based on population |
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| a series of eighty-five articles written by alexander hamiliton, james madison, and john jay that sought to sway public opinion toward the federalists' position |
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| the first ten amendments to the const.; they protect individual rights and liberties |
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| part of art i, sec 8, of the const that grants congress the power to pass any law that is related to one of its expressed powers |
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| a negative or checking power of congress over the other branches allowing them to remove the president, vice president, or other "officers of the united states," including federal judges, for abuses of power |
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| the const power of congress to raise and spend money; congress can use this negative or checking power over the other branches by freezing or cutting their funding to punish executive agencies |
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| the const power of congress to raise and spend money; congress can use this negative or checking power over the other branches by freezing or cutting their funding to punish executive agencies |
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| the supreme court's power to strike down a law or executive branch action that it finds unconstitutional |
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| part of art ii, sec 1 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 |
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| art i, sec - gives congress the "power to regulate commerce...among the several states," sup. court's interpretation of this has varied, but today it serves as the basis for much of congress's legislation |
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| powers explicitly granted to congress, the president, or the supreme court in the first 3 articles of the const.; ex, congress's power to "raise and support armies" and the president's power as commander in chief |
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| powers supported by the const. that are not expressly stated in it |
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| constitutional revolution |
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| a significant change in the const that may be accomplished either through amendments (as in the civil war) or shifts in the supreme court's interpretation of the constitution (as in the new deal era) |
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| responsibilities for particular policy areas, such as transportation, that are shared by federal, state, and local govts |
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| responsibilities for particular policy areas, such as transportation, that are shared by federal, state, and local governments |
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| a system in which the national, centralized govt holds ultimate authority. it is the most common form of govt in the world |
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| a form of govt in which states hold power over a limited national govt |
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| full faith and credit clause |
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| part of art iv of the const requiring that each state's laws be honored by the other states. for example, a legal marriage in one state must be recognized across state lines |
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| privileges and immunities clause |
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| part of art iv of the const requiring that states must treat non-state resident within their borders as they would treat their own residents; meant to promote commerce and travel bt the states |
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| doctrine of interposition |
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| the idea that if the national govt passes and 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 |
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| the idea that states are entitled to a certain amount of self-govt, free of federal govt intervention. this became a central issue in the lead up to the civil war |
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| the form of federalism favored by chief justice roger taney in which natl and state govts are seen as distinct entities providing separate services. this model limits the power of the nat'l govt |
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| the powers of congress to regulate the economy granted in art i, sec 8, of the const |
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| a form of federalism in which national and state govts work together to provide services efficiently. this form emerged in the late 1930s, representing a profound shift toward less concrete boundaries of responsibility i national-state relations |
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| a moral refined and realistic form of cooperative federalism in which policy makers within a particular policy area work together across the levels of govt |
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| a form of federalism in which federal funds are allocated to the lower levels of govt through transfer payments or grants |
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| federal aid to state or local govts 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 |
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| federal aid provided to a state govt to be spent within a certain policy area, which the state can decide how to spend in that area |
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| general revenue sharing (grs) |
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| a type of grant used in the 1970s and 1980s in which the fed govt provided state govts with funds to be spent at each state's discretion. these grants provided states with more control over programs |
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| federal laws that require the states to do certain things but do not provide state governments with funding to implement these policies |
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| a form of federalism in which the fed govt pressures the states to change their policies by using regulations, mandates, and conditions (often involving threats to withdraw fed funding) |
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| impositions of natl priorities on the states through national legislation that is based on the const's supremacy clause |
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| a form of federalism in which states compete to attract businesses and jobs through the policies they adopt |
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| states sovereign immunity |
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| described in the 11th amend, this means that state govt cannot be sued in fed court |
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| natl laws that address discriminatory state laws. authority for such legislation comes from sec 5 of the 14th amend |
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| basic political freedoms that protect citizens from govt abuse of power |
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| the 13th, 14th and 15th amends, which abolished slavery and granted civil liberties and voting rights to freed slaves after the civil war |
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| part of the 14th amend that forbids states from denying "life, liberty or property" to any person without the due process of law (nearly identical clause in 5th amnd applies only to the natl govt |
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| the process through which the civil liberties granted in the bor were applied ot the states on a case by case basis through the 14th amend |
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| clear and present danger test |
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| established in SCHENK V U.S. this test allows the govt to restrict certain types of speech deemed dangerous |
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| established in BRANDENBERG V OH this test protects threatening speech under the 1st amend unless that speech aims to and is likely to cause imminent "lawless action" |
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| nonverbal expression, such as the use of signs or symbols. it benefits from many of the same const protections of verbal speech |
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| expression that is offensive or abusive, particularly in terms of race, gender, or sexual orientation. it is currently protected under the 1st amendment |
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| a limit on freedom of the press that allows the govt to prohibit the media from publishing certain materials |
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| an aspect of prior restraint that allows the govt to prohibit media from publishing anything related to an ongoing trial |
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| forms of expression that "by their very utterance" can incite violence. these can be regulated by the govt but are often difficult to define |
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| spoken false statements that damage a person's reputation |
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| public expression with the aim of making a profit. it has received greater protection under the 1st amend in recent years but remains less protected than political speech |
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| est in MILLER V CA the supreme court uses this 3part test to determine whether speech meets the criteria for obscenity. if so, it can be restricted by the govt |
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| part of the 1st amend which 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 |
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| part of the 1st amend stating the congress cannot prohibit or interfere with the practice of religion |
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| est in LEMON V KURTZMAN the sup.crt. uses this test to determine whether a practice violates the 1st amend's establishment clause |
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| the idea that laws and legal proceedings much be fair; the const guarantees that the govt cannot take away a person's "life, liberty, or property, without due process of law." other specific due process rights are found in the 4th, 5th, 6th and 8th amends, such as protection from self-incrimination and freedom from illegal searches |
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| the principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial |
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| the principle that illegally or unconstitutionally acquired evidence cannot be used in a criminal trial |
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| the list of civil liberties described in 5th amend that must be read to a subject before anything the suspect says can be used in trial |
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| being tried for the same crime more than once; 5th amend |
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| liberties protected by several amends in the bor that shield certain personal aspects of citizens' lives from govt interference, such as the 4th amend's protection against unreasonable searches and seizures |
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| rights that guarantee individuals freedom from discrimination. these rights are generally grounded in the equal protection clause of the 14th amend and more specifically laid out in laws passed by congress, such as the 1964 civil rights act |
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| an agreement between pro- and anti- slavery groups passed by congress in 1820 in an attempt to ease tensions by limiting the expansion of slavery while also maintaining a balance between slave states and free states |
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| to have been denied the ability to exercise a right, such as the right to vote |
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| 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 in voting |
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| state and local laws that mandated racial segregation in all public facilities in the south many border states, and some northern communities bt 1876 and 1964 |
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| the idea that racial segregation was acceptable as long as the separate facilities were of equal quality; supported by PLESSY V FERGUSON, struck down by BROWN V BOE |
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| the idea under which some people have tried to rationalize discriminatory policies by claiming that some groups should be denied certain rights for their own safety |
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| relating to actions or circumstances that occur "by law" such as the legally enforced segregation of schools in the american south before the 1960s |
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| 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 |
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| disparate impact standard |
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| the idea that discrimination exists if a practice has a negative effect on a specific group, whether or not this effect was intentional |
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| the use of evidence to suggest that differences in the behavior of two groups can rationalize unequal treatment of the groups, such as charging younger drivers more for insurance |
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| intermediate scrutiny standard |
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| the middle level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; standard used for many gender and sexual orientation discrimination suits |
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| the highest level of scrutiny the courts use when determining whether unequal treatment is justified by the effect of a law; it is applied in all cases involving race. laws rarely pass this standard |
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| substantive due process doctrine |
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| one interpretaion of the due process clause of the 14th am; in this view the supcrt has the power to overturn laws that infringe on individual liberties |
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| case in which city polluted citizen's property but lost on appeal because the 14th amendment did not apply to the states at the time |
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