AP Gov exam definitions

Virginia Plan

(1787) the plan for government proposed at the Constitutional Convention in which the national government would have supreme power and a legislative branch would have two houses with representation determined by state population

plea bargaining

(criminal law) a negotiation in which the defendant agrees to enter a plea of guilty to a lesser charge and the prosecutor agrees to drop a more serious charge

Probable Cause

(law) evidence sufficient to warrant an arrest or search and seizure

Due Process

(law) the administration of justice according to established rules and principles

libel

(n.) a written statement that unfairly or falsely harms the reputation of the person about whom it is made; (v.) to write or publish such a statement

New Jersey Plan

- opposite of the Virginia Plan, it proposed a single-chamber congress in which each state had one vote. This created a conflict with representation between bigger states, who wanted control befitting their population.

New York Times v Sullivan

1964; established guidelines for determining whether public officials and public figures could win damage suits for libel. To do so, individuals must prove that the defamatory statements were made w/ "actual malice" and reckless disregard for the truth

Lemon V Kurtzman

1971: Established a 3 part test to determine if the Establishment Clause is being violated: nonsecular purpose, does not advance/inhibit religion, is not excessively entangled with government.

Religious Freedom Restoration Act

1993 act which forbids any federal agency or state government to restrict a person's free exercise of religion unless the federal government demonstrates that its action 'furthers a compelling government interest'. This was declared unconstitutional on the grounds of the separation of powers principle.

First Amendment

5 individual liberties: Freedom of the Press, Speech, Religion, Assembly, and Petition

Federalist Papers

85 Articles written in support of ratification of the Constitution. John Jay, Alexander Hamilton, and James Madison.

Zurcher v Stanford Daily

A 1978 Supreme Court decision holding that a proper search warrant could be applied to a newspaper as well as to anyone else without necessarily violating the First Amendment rights to freedom of the press.

Texas v Johnson

A 1989 case in which the Supreme Court struck down a law banning the burning of the American flag on the grounds that such action was symbolic speech protected by the First Amendment.

Free Exercise Clause

A First Amendment provision that prohibits government from interfering with the practice of religion.

Schenck v United STates

A United States Supreme Court decision that upheld the Espionage Act of 1917 and concluded that a defendant did not have a First Amendment right to freedom of speech against the draft during World War I. Ultimately, the case established the "clear and present danger" test.

Public Policy

A choice the government makes in response to a political issue.

Gridlock

A condition that exists when no coalition is strong enough to form a majority and make policy.

Search Warrant

A court order allowing law enforcement officers to search a suspect's home or business and take specific items as evidence

Writ of Habeas Corpus

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody. Barred by the constitution except in times of war.

slander

A false statement which harms the reputation of others and gives occasion for false judgments concerning them

Prior Restraint

A government preventing material from being published. This is a common method of limiting the press in some nations, but it is usually unconstitutional in the United States, according to the First Amendment and as confirmed in the 1931 Supreme Court case of Near v. Minnesota.

Checks and Balances

A governmental structure that gives each of the three branches of government some degree of oversight and control over the actions of the others.

Factions

A group that seeks to promote its own special interests at the expense of the common good

Bill of Attainder

A law that declares a person, without a trial, to be guilty of a crime. Barred by the constitution.

Ex Post Facto

A law that would allow a person to be punished for an action that was not against the law when it was committed

Extradition

A legal process whereby an alleged criminal offender is surrendered by the officials of one state to officials of the state in which the crime is alleged to have been committed.

Constitution

A nations basic law. Creates the institutions of government, assigns and divides power, provides guarantees to citizens.

Engel V Vitale

A nondenominational prayer was authorized to be said at the start of each day at local public schools. Result: The prayer violated the establishment clause. = 1st A.

Limited Government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

Federal Mandate

A requirement in federal legislation that forces states and municipalities to comply with certain rules.

Exclusionary Rule

A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. Also called "layer cake federalism."

Cooperative Federalism

A system of government in which powers and policy assignments are shared between states and the national government. They may also share costs, administration, and even blame for programs that work poorly. Also called "marble cake federalism."

Direct Democracy

A system where citizens directly vote on all maters of public policy.

Hyperpluralism

A theory of government and politics contending that groups are so strong that government is weakened. Extreme form of pluralism.

Elite/ Class Theory

A theory of government and politics that contents societies are divided along class lines and that an upper-class elite will rule, regardless of the formal niceties of governmental organization.

McCulloch V Maryland

An 1819 Supreme Court decision that established the supremacy of the national government over state governments. In deciding this case, Chief Justice John Marshall and his colleagues held that Congress had certain implied powers in addition to the enumerated powers found in the Constitution. (National Bank)

Federalist 10

An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable

Elastic Clause

Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.

Supremacy Clause

Article VI of the Constitution: The constitution, laws passed by congress, and treaties, are supreme over state laws when national government is acting within constitutional limits

Judicial Review

Authority given the courts to review constitutionality of acts by the executive/state/legislature; est. in Marbury v. Madison

Policy Making Institutions

Branches of government charged with taking action on political issues. Constitution- Legislative (congress) Executive (President) and the Federal courts. Political Scientists agree that the bureaucracy is now a 4th institution.

Miller v California

Community standards determine if material is obscene in terms of appealing to appealing to "Prurient interest in sex" being "patently offensive" and "lacking in artistic value"

Establishment Clause

Clause in the First Amendment that says the government may not establish an official religion.

Connecticut (Great) Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators

Full Faith and Credit

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

Separation of powers

Constitutional division of powers among the legislative, executive, and judicial branches, with the legislative branch making law, the executive applying and enforcing the law, and the judiciary interpreting the law

Mapp v Ohio

Established the exclusionary rule was applicable to the states (evidence seized illegally cannot be used in court)

Informal Amemndemnts

Informal ways we interpret constitution: Judicial Review, Political Practice (Primaries), Technology, Policy Demands, etc

Block Grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

Categorical Grants

Federal grants that can be used only for specific purposes or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions. Compare to block grants. (Most common grant-in-aid)

Bill of rights

First 10 Amendments to the Constitution. Drafted in response to anti-federalist concerns that the document did not protect individual liberty.

Majority Rule/ Minority Rights

Fundamental principle of democratic theory that requires the majority desire be respected but guarantees rights to the minority opinion the majority cannot remove

Public Goods

Goods, Like Clean Air, that every one must share.

Brandenburg V Ohio

Gov't can't punish or prohibit inflammatory speech unless it is likely to incite imminent lawless action.

Single Issue Group

Groups that have a narrow interest, dislike compromise, and draw membership from people new to politics.

Policy Agenda

Issues that attract the serious attention of public officials / political leaders at any given point of time.

Natural Rights

Life, Liberty, and Property

Unreasonable Search and Seizures

Obtaining evidence in a haphazard or random manner, a practice prohibited by the 4th amendment; probable cause and a search warrant are required for this to be legal

Anti-Federalists

Opponents of the Constitution at the time states were contemplating ratification (adoption)--Know arguments of anti-federalists

School District of Abington Township v Schempp

Pennsylvania v. Schempp,A 1963 Supreme Court decision holding that a Pennsylvania law requiring Bible reading in schools violated the establishment clause of the First Amendment.

Declaration of Independence

Polemic written by Thomas Jefferson. Justifies independence. Based on John Locke's Second Treatise on Government. Asserts the independence of the United States.

Linkage Institutions

Political channels through which people's concerns become political issues on the policy agenda. Include: elections, political parties, interest groups, and the media.

Reserved powers

Power retained by the states, including the power to establish schools, set marriage and divorce laws, and regulate trade within the state. (established by 10th amendment)

Enumerated Powers

Powers specifically given to Congress in the Constitution; including the power to collect taxes, coin money, regulate foreign and interstate commerce, and declare war.

Implied Powers

Powers that go beyond those that are enumerated (spelled out) in the constitution. Comes from elastic clause. --Congress has the power to "make all laws necessary and proper for carrying into execution" the powers enumerated in Article I

Formal Amendment Process

Process through which amendments are added to the constitution. Phase one is proposal by either 2/3 of Congres or Convention requested by 2/3 of the state Phase 2 is ratification by 3/4 of state legislatures or 3/4 of state conventions.

Laissez-Faire

Promotes free-markets and limited government interaction in the economy.

Shay's Rebellion

Rebellion led by Daniel Shays of farmers in western Massachusetts in 1786-1787, protesting mortgage foreclosures. It highlighted the need for a strong national government just as the call for the Constitutional Convention went out.

Political Culture

Set of values shared by society.

Privileges and Immunities

States are prohibited from unreasonably discriminating against residents of other states (article 4)

Gross Domestic Product

Sum total of all the value of goods produced by the nation in a year.

Federalists

Supporters of the constitution during the time states were contemplating ratification--Know arguments of Federalists

Miranda V Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police.

New Jersey v TLO

Supreme court case in which it was decided that a student may be searched if there is "reasonable ground" for doing so.

Gregg v Georgia

The 1976 Supreme Court decision that upheld the constitutionality of the death penalty, stating, "It is an extreme sanction, suitable to the most extreme of crimes." The court did not, therefore, believe that the death sentence constitutes cruel and unusual punishment.

Government

The institutions and processes through which public policies are made for a society

NAACP v Alabama

The Supreme Court protected the right to assemble peaceably in this 1958 case when it decided the NAACP did not have to reveal its membership list and thus subject its members to harassment.

Tinker v Des Moines

The case that ruled that students do not lose Constitutional rights when they entered the building but they can be limited if they cause a disruption

Fiscal Federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.

Pluralist Theory

Theory of government and politics emphasizing that politics is mainly competition among interest groups. Each one presses for its own preferred policies.

Marbury V Madison

This case establishes the Supreme Court's power of Judicial Review

Gibbons V Ogden

This case involved New York trying to grant a monopoly on waterborne trade between New York and New Jersey. Judge Marshal, of the Supreme Court, sternly reminded the state of New York that the Constitution gives Congress alone the control of interstate commerce.

Republic

a form of government that derives its power directly from the people. The people elect representatives to make public policy.

Gideon v Wainwright

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 unable to afford their own attorneys.

Unitary Government

a way of organizing a nation so all power resides in a single central government

Articles of Confederation

a written agreement ratified in 1781 by the thirteen original states. Weakly organized the 13 states under a central congress.

Unfunded Mandate

actions imposed by the federal or state government on lower levels of government which are not accompanied by the money needed to fund the action required.

Mckleskey v Kemp

death penalty did not violate the equal protection clause on basis of disproportionate minority cases

Gitlow v New York

established selective incorporation of the Bill of rights; states cannot deny freedom of speech; protected through the 14th amendment

Civil Liberties

legal constitutional protections against government. Spelled out in bill of rights but meaning determined by courts and legislatures.

Symbolic Speech

nonverbal communication, such as burning a flag or wearing an armband. The Supreme Court has accorded some symbolic speech protection under the first amendment.

Due Process Clause

part of the 14th amendment guaranteeing that persons cannot be deprived of life, liberty, or property by the US or state government without due process of law. (see Gitlow)

10th Amendment

reserves powers not given to national government to the states,

Employment Division of the State of Oregon v Smith

states could deny unemployment benefits to a person fired for violating a state prohibition on the use of peyote even though the use of the drug was part of a religious ritual

Near v Minnesota

the 1931 Supreme Court decision holding that the first amendment protects newspapers from prior restraint.

Consent of the Governed

the idea that government derives its authority by the sanction of the people

Incorporation Doctrine

the legal concept under which the Supreme Court has nationalized the Bill of Rights by making most of its provisions applicable to the states through the fourteenth amendment (due process)

Self Incrimination

the situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. The Fifth Amendment forbids self-incrimination.

Federalism

the way of organizing a nation so two or more levels of government have formal authority over the same land and people. A system of shared power.