US Government and Politics Ch 2, 3 and 4

Libel

A written statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory."

Categorical grants-in-aid

Funds given by Congress to states and localities and that are earmarked by law for specific categories, such as education or crime prevention

Legislative Branch

Passes Federal Laws Controls federal appropriations Approves treaties and presidential appointments Regulates interstate commerce Establishes lower-court system

Fighting words

Speech that directly incites damaging conduct

Executive Privilege

The claim that confidential communications between a president and the president's close advisers should not be revealed without the consent of the president

Commerce clause

The clause found in Article 1, Section 8, of the Constitution, which delegates to Congress the power "to regulate commerce with Foreign nations, and among the several States and with the Indian tribes." This clause was interpreted by the Supreme Court to favor of national power over the economy

Miranda Rule

The convention derived from the Supreme Court's 1966 ruling in the case of Miranda v. Arizona whereby persons under arrest must be red their legal rights, including their right to counsel, before undergoing police interrogation

Bicameralism

The division of a legislative bod into two houses or chambers.

Dual Federalism

The system of government that prevailed in the United States from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments, with the states exercising the most important powers

Intermediate Scrutiny

The test used by the Supreme Court in gender discrimination cases. Places the burden of proof partially on the government and partially on the challengers to show that the law in question is constitutional

Divided Government

A condition in American government in which the presidency is controlled by one party while the opposing party controls one or both houses of Congress

Regulated Federalism

A form of federalism in which Congress imposes legislation on the states and localities requiring them to meet national standards

Grant-in-aid

A general term for funds given by Congress to state and local governments

Grand Jury

A jury that determines whether sufficient evidence is available to justify a trial. Grand juries do not rule on the accused's guilt or innocence

State Sovereign immunity

A legal doctrine that holds that states cannot be sued for violating an act of Congress

Affirmative Action

A policy designed to redress past discrimination against women and minority groups through measures to improve their economic and educational opportunities

Cooperative Federalism

A type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to peruse nationally defined goals. Also known as intergovernmental cooperation

Articles of Confederation and Perpetual Union

America's first written constitution. Adopted by the Continental Congress in 1777, the Articles of Confederation and Perpetual Union were the formal basis for America's national government until 1789, when they were superseded b the Constitution.

Three-Fifths Compromise

An agreement reached at the Constitutional Convention of 1787 stipulating that for purposes of the appointment of congressional seats, every slave would be counted as three-fifths of a person.

Great Compromise

An agreement reached at the Constitutional Convention of 1787 that gave each state an equal number of senators regardless of its population but linked representation in the House of Representatives to population.

Prior restraint

An effort by a government agency to block the publication of material it deems libelous or harmful in some other way; censorship. In the United States, the courts forbid prior restraint except under the most extraordinary circumstances

Slander

An oral statement made in "reckless disregard of the truth" and considered damaging to a victim because it is "malicious, scandalous, and defamatory."

Necessary and proper clause

Article 1, Section 8, of the Constitution provides Congress with the authority to make all laws needed to carry out its expressed powers even if those laws are not specifically mentioned in the Constitution

Concurrent powers

Authority possessed by both state and national governments, such as the power to levy taxes

Executive Branch

Enforces laws Serves as commander in chief of armed forces Makes foreign treaties Proposes laws Nominates Supreme Court justices and federal court judges Pardons those convicted in federal court

Project grants

Grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis

Formula grant

Grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive

Unfunded mandates

National standards or programs imposed on state and local governments by the federal government without accompanying funding or reimbursement

Home rule

Power delegated by the state to a local unit of government to manage its own affairs

Police Power

Power reserved to the state to regulate the health, safety, welfare, and morals of its citizens

Implied powers

Powers derived from the necessary and proper clause of Article 1, Section 8, of the Constitution. Such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers

Reserved Powers

Powers, derived from the Tenth Amendment of the Constitution, that are not specifically delegated to the national government or denied to the states; these powers are reserved to the states

Due Process

Proceeding according to law and with adequate protection for individual rights

De Jure segregation

Racial segregation that is a direct result of law or official policy

De Facto segregation

Racial segregation that is not a direct result of law or government policy but is, instead, a reflection of residential patterns, income distributions, or other social factors

Judicial Branch

Reviews lower-court decisions Decides constitutionality of laws Decides cases involving disputes between states

Lemon test

Rule articulated in Lemon v. Kurtzman according to which governmental action in respect to religion is permissible if it is secular in purpose, does not lead to "excessive entanglement" with religion, and neither promotes nor inhibits the practice of religion

Speech Plus

Speech accompanied by activities such as sit-ins, picketing, and demonstrations. Protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

Establishment clause

The First Amendment clause that says, "Congress shall make no law respecting an establishment of religion." This clause means that a wall of separation exists between church and state

Exclusionary rule

The ability of the court to exclude evidence obtained in violation of the Fourth Amendment

Separation of Powers

The division of governmental power among several institutions that must cooperate in decision making

Separate But Equal rule

The doctrine that public accommodations could be segregated by race but still be equal

Bill of Rights

The first 10 amendments to the U.S. Constitution, adopted in 1791. The Bill of Rights ensures certain rights and liberties to the people

Civil Rights

The legal or moral claims that citizens are entitles to make on the government

Checks and Balances

The mechanisms through which each branch of government is able to participate in and influence the activities of the other branches

Expressed Power

The notion that the Constitution grants to the federal government only those powers specifically named in its text

Expressed powers

The notion that the Constitution grants to the federal government only those powers specifically named in its text

Legislative Supremacy

The preeminent position assigned to Congress by the Constitution

States' rights

The principle that states should oppose increasing authority of the national government. This view was most popular before the Civil War

Civil Liberties

The protectors of citizens from improper governmental action

Privileges and immunities clause

The provision from Article IV, Section 2, of the Constitution that a state cannot discriminate against someone from another state or give its own residents special privileges

Full faith and credit clause

The provision in Article IV, Section 1, of the Constitution requiring that each state normally honors the public acts and judicial decisions that take place in another state

Equal protection clause

The provision of the Fourteenth Amendment guaranteeing citizens "the equal protection of the laws." This clause has been the basis for the civil rights of African Americans, women, and other groups

Eminent Domain

The right of the government to take private property for public use, with reasonable compensation awarded for the property

Right to Privacy

The right to be let alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions

Federalism

The system of government in which a constitution divides power between a central government and regional government

Federalists

Those who favored a strong national government and supported the constitution proposed at the American Constitutional Convention of 1787

Antifederalists

Those who favored strong state governments and a weak national government and who were opponents of the constitution proposed at the American Constitutional Convention of 1787