Traditionalistic-

maintains a more ambivalent attitude toward both government and the marketplace, believeing that politicians must come from society’s elite, whereas ordinary citizens are free to stand on the sidelines

Individualism-

 the value that individuals are primarily responsible for their own lot in life and that promotes and rewards individual initiative and responsibility. This value underlies America’s reliance on a capitalist economy and free-market system

Declaration of independence-

formal document listing colonists grievances and articulating the colonists intentions to seek independence; formally adopted by the second continental congress

Articles of confederation-

the document creating a “league of friendship” governing the thirteen states during and immediately after the war for independence; hampered by the limited power they vested in the legislature to collect revenue or regulate commerce, the articles eventually proved unworkable for the new nation

Shays rebellion-

armed uprising by debtridden Massachusetts farmers frustrated with the state government

Constitutional convention-

meeting of delegates from twelve states in Philadelphia at which was drafted an entirely new system to govern the united states

Virginia plan-

a proposal known also as the “large states plan” that empowered three separate branches of government, including a legislature with membership proportional to population

New jersey plan-

proposal known as the “small states plan” that would have retained the Articles of Confederation principle of a legislature where states enjoyed equal representation

Great compromise-

a proposal also known as the “Connecticut compromise” that provided for a bicameral legislature featuring an upper house based on equal representation among the states and a lower house whose membership was based on each state’s population; approved by 5-4 vote of the state delegations

Three-fifths compromise-

a compromise proposal in which five slaves would be counted as the equivalent of three free people for purposes of taxes and representation

Separation of powers-

the principle that each branch of government enjoys separate and independent powers and areas of responsibility

Checks and balances-

 a system of limits imposed by the constitution that gives each branch of government the limited right to change or cancel the acts of other branches

Enumerated powers-

express powers explicitly granted by the constitution such as the taxing power specifically granted to congress

Federalists-

 those who supported ratification of the proposed constitution

Anti-federalists-

 those who opposed ratification of the proposed constitution

Federalist papers-

a series of articles authored by Alexander Hamilton, James Madison, and John Jay, which argued in favor of ratifying the proposed constitution of the united statesl the federalist papers outlined the philosophy and motivation of the document

Amendments-

 modifications or additions to the us constitution passed to accordance with the amendment procedures laid out in article V

Bill of rights-

the first 10 amendments to the us constitution, which protect various rights of the people against the new federal government

Loose construction-

constitutional interpretation that gives constitutional provisions broad and open-ended meanings

Strict construction-

constitutional interpretation that limits the government to only those powers explicitly stated in the constitution

Federalism-

the doctrine underlying a system of government in which power is divided between a central government and constituent political subunits

Sovereignty-

the supreme political power of a government to regulate its affairs without outside inference

Confederation-

 a system of government in which two or more independent states unite ot achieve certain specified common aims

Unitary system of government-

a system of government in which the constituent states are strictly subordinated to the goals of central government as a whole

Reserved powers-

those powers expressly retained by the state governments under the constitution

Concurrent powers-

those powers shared by the federal and state governments under the constitution

Necessary and proper clause-

the clause in article 1 section 8 of the constitution tha affords congress the power to make lawas that serve as a means to achieving its expressly delegated powers

Supremacy clause-

 the provision in article 6 clause 2 of the constituition that provides the constitution and federal laws override any conflicting provisions in state constitutions or state laws

Martin v hunter’s lessee-

the supreme court case that established that state governments and state courts must abide by the us supreme court’s interpretation of the federal constitution

Preemption-

the constitutional doctrine that holds that when congress acts affirmatively in the exercise of its own granted power, federal laws supersede all state laws on the matter

Full faith and credit clause

the provision in article 6 section 1 of the constitution that forces states to abide by the official acts and proceedings of all the other states

National supremacy doctrine-

 chief justice john marshall’s interpretation of federalism as holding that states have extremely limited sovereign authority, whereas congress is supreme within its own sphere of constitutional authority

Mcculloch v Maryland-

the supreme court case that established that congress enjoys broad and extensive authority to make all laws that are “necessary and proper” to carry out its constitutionally delegated powers

Gibbons v ogden-

the supreme court cast that held that under the constitution, a federal license to operate steamboats overrides a state-granted monopoly of new York water rights

Dual federalism-

the doctrine of federalism that holds that state authority acts as a limit on congressional power under the constitution

Layer cake federalism-

description of federalism as maintaining the authority of state and federal governments exists in distinct and separate spheres

Marble cake federalism-

description of federalism as intertwining state and federal authority in an inseperable mixture

the doctrine of federalism that affords congress nearly unlimited authority to exercise its power through means that often coerce states into administering and/or enforcing federal policies

Block grants-

grants from the federal government to states that may be used at the discretion of states to pursue more generalized aims

Unfunded mandate-

a directive from the federal government to the states requiring that they perform certain functions, with no acoompanying funds to support those functions

Civil liberties-

 those specific individual rights that are guaranteed by the constitution and cannot be denied to citizens by government. Most of these rights are in the bill of rights

Incorporation-

the process by which the us supreme court used the due process clause of the fourteenth amendment to make most of the individual rights guaranteed by the bill of rights also applicable to the states, incorporation provided that state and local governments as well as the federal government could not deny these rights to citizens

Free exercise clause-

 the religious freedom clause in the 1^st amendment that denies government the ability to prohibit the free exercise of religion.

Establishment clause-

the clause in the 1^st amendment that prohibits government from enacting any law “respecting an establishment of religion”

Lemon test-

the legal test that determines if a government statute aiding in public or private schools is an unconstitutional violation of the establishment clause. The statute is unconstitutional if the statute has no secular purpose, if its principal or primary effect advances or inhibits religion, or it fosters “an excessive entanglement with religion”

Libel-

 printing or disseminating false statements that harm someone

Prior restraint-

 the government’s requirement that material be approved by government before it can be published

SLAPS test-

a standard that courts established to determine if material is obscene based in part on whether the material has serious literary, artistic, political, or scientific value. If it does then the material is not obscene

Symbolic speech-

nonspoken forms of speech that might be protected by the 1^st amendment, such as flag burning, wearing armbands at school to protest a war, or camping out in public parks to protest the plight of the homeless

Bill of attainder-

an act of legislature declaring a person guilty of some crime and then carrying out punishment without a trial

Ex post facto laws-

a law that punishes someone for doing something in the past at a tume when the act was not illegal.

Katz test-

the legal standard that requires the government to attain a warrant demonstrating “probable cause” for any search that violates a person’s actual and reasonable expectation of privacy

Warrant-

a document issued by a judge or magistrate that allows law enforcement to search or seize items at a home, business or anywhere else that might be specified

Exclusionary rule-

the legal rule requiring that all evidence be legally obtained by police in violation of the bill of rights must be excluded from the admission in a court of law where it might have assisted in convicting those accused of committing crimes

Good faith exception-

 an exception to the exclusionary rule that states if a search warrant is invalid through no fault of the police, evidence obtained under that warrant may still be admitted into court

Double jeopardy clause-

the constitutional protection that those accused of a crime cannot be tried twice for the same crime

Miranda warning-

the us supreme courts requirement that an individual must be read a statement that explains  the person’s right to remain silent and the right to an attorney

Bail-

an amount of money determined by a judge that the accused must pay to the court as security against his or her freedom before trial

Political equality-

a condition in which members of different groups possess substantially the same rights to participate actively in political systems. i.e voting, running for office, free speech

Social equality-

 equality and fair treatment of all groups within the various institutions in society, noth public and private that servre the public at large, including in stores, theaters, restaurants, hotels, and public transportation facilities among many other operations open to the public

Economic equality-

may be defined as providing all groups the equality of opportunity for economic success or as the equality of results

Civil rights-

 those positive rights whether political, social or economic conferred by the government on individuals or groups

Brown v board of education-

us supreme court decision that declared school segregation to be unconstitutional

Civil war amendments-

the thirteenth amendment banished slavery frim all states and us territories. The fourteenth amendment granted full us and state citizenship to all people born or naturalized in the us and guaranteed to each person “equal protection of the law” The fifteenth amendment forbade the denial of abridgement of the right to vote by any government on account of race

Jim crow laws-

laws used by some southern states that required segregation of blacks and whites in public schools, railroads, buses, restaurants, hotels, theaters, and other public facilities. The laws excluded blacks from militias and denied them from certain education and welfare service

Plessy v ferguson-

the supreme court cawse that upheld a Louisiana segregation law on the theory that as long as the accommodations between the racially segregated facilities were equal, the equal protection clause was not violated. Separate but equal

Strict scrutiny-

a legal standard set in brown v board of education for cases related to racial discrimination that tends to invalidate almost all state laws that segregate racial groups

Civil rights act of 1964-

the federal law that banned racial discrimination in all public accommodations, including those that were privately owned; prohibited discrimination by employers and created the equal employment opportunity commission to investigate complaints of discrimination; and denied public funds to schools that continued to discriminate in the basis of race

Voting rights act of 1965-

the federal law that invalidated literacy tests and property requirements and required select states and cities to apply for permission to the Justice Department to change their voting laws

Civil rights act of 1968-

the federal law that banned racial discrimination in housing and made interference with a citizen’s civil rights a federal crime

Twenty-fourth amendment-

amendment that banned poll taxes in federal elections

Affirmative action-

programs, laws, or practices designed to remedy past discriminatory hiring practices, government contracting and school admissions

Racial profiling-

the law enforcement practice of taking race into account when identifying possible suspects of crime