We the People Ch 1-5
Articles of Confederation
America's first written constitution; served as the basis for America's national government until 1789.
Commerce Clause
Article I, 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 in favor of national power over the economy.
Necessary and Proper Clause
Article I, Section 8, of the Constitution, which provides Congress with the authority to make all laws "necessary and proper" to carry out its expressed powers.
Elastic Clause
Article I, Section 8, of the Constitution. (also known as the necessary and proper clause), which enumerates the powers of Congress and provides Congress with the authority to make all laws "necessary and proper" to carry them out.
Supremacy Clause
Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land and superior to all laws adopted by any state or any subdivision.
Unitary System
a centralized government system in which lower levels of government have little power independent of the national government
Amendment
a change added to a bill, law, or constitution.
Habeas Corpus
a court order demanding that an individual in custody be brought into court and shown the cause for detention.
Regulated Federalism
a form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards.
Autocracy
a form of government in which a single individual—a king, queen, or dictator—rules.
Oligarchy
a form of government in which a small group—landowners, military officers, or wealthy merchants—controls most of the governing decisions.
Virginia Plan
a framework for the Constitution, introduced by Edmund Randolph, that called for representation in the national legislature based on the population of each state.
New Jersey Plan
a framework for the Constitution, introduced by William Paterson, that called for equal state representation in the national legislature regardless of population.
Bill of Attainder
a law that declares a person guilty of a crime without a trial.
Devolution
a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments.
Redlining
a practice in which banks refuse to make loans to people living in certain geographic locations.
Limited Government
a principle of constitutional government; a government whose powers are defined and limited by a constitution
Limited Government
a principle of constitutional government; a government whose powers are defined and limited by a constitution.
Lemon Test
a rule articulated in Lemon v. Kurtzman that government action toward religion is permissible if it is secular in purpose, neither promotes nor inhibits the practice of religion, and does not lead to "excessive entanglement" with religion.
Federalist Papers
a series of essays written by Alexander Hamilton, James Madison, and John Jay supporting ratification of the Constitution.
Federalism
a system of government in which power is divided, by a constitution, between a central government and regional governments.
Confederation
a system of government in which states retain sovereign authority except for the powers expressly delegated to the national government.
Federal System
a system of government in which the national government shares power with lower levels of government, such as states.
Representative Democracy/Republic
a system of government in which the populace selects representatives, who play a significant role in governmental decision making.
Constitutional Government
a system of rule in which formal and effective limits are placed on the powers of the government.
Authoritarian Government
a system of rule in which the government recognizes no formal limits but may nevertheless be restrained by the power of other social institutions.
Totalitarian Government
a system of rule in which the government recognizes no formal limits on its power and seeks to absorb or eliminate other social institutions that might challenge it.
Democracy
a system of rule that permits citizens to play a significant part in the governmental process, usually through the election of key public officials
Direct Democracy
a system of rule that permits citizens to vote directly on laws and policies.
Intermediate Scrutiny
a test used by the Supreme Court in gender discrimination cases that places the burden of proof partially on the government and partially on the challengers to show that the law in question is unconstitutional.
Strict Scrutiny
a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional.
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 pursue nationally defined goals. Also known as "intergovernmental cooperation."
Libel
a written statement made in "reckless disregard of the truth" that is considered damaging to a victim because it is "malicious, scandalous, and defamatory."
Laissez-Faire Capitalism
an economic system in which the means of production and distribution are privately owned and operated for profit with minimal or no government interference.
Prior Restraint
an effort by a governmental 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" that is considered damaging to the victim because it is "malicious, scandalous, and defamatory."
Civil Liberties
areas of personal freedom with which governments are constrained from interfering.
New Federalism
attempts by Presidents Nixon and Reagan to return power to the states through block grants.
Concurrent Powers
authority possessed by both state and national governments, such as the power to levy taxes.
Political Culture
broadly shared values, beliefs, and attitudes about how the government should function. American political culture emphasizes the values of liberty, equality, and democracy.
Politics
conflict over the leadership, structure, and policies of governments.
Categorical Grants
congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law.
"Separate but Equal" Rule
doctrine that public accommodations could be segregated by race but still be considered equal.
Redistributive Programs
economic policies designed to control the economy through taxing and spending, with the goal of benefiting the poor.
Block Grants
federal grants-in-aid that allow states considerable discretion in how the funds are spent.
Liberty
freedom from governmental control
Affirmative Action
government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities.
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 Grants
grants-in-aid in which a formula is used to determine the amount of federal funds a state or local government will receive.
Bicameral
having a legislative assembly composed of two chambers or houses; distinguished from unicameral.
Power
influence over a government's leadership, organization, or policies
Citizenship
informed and active membership in a political community.
Government
institutions and procedures through which a territory and its people are ruled.
Grand Jury
jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence.
Jim Crow laws
laws enacted by southern states following Reconstruction that discriminated against African Americans.
Ex Post Facto Laws
laws that declare an action to be illegal after it has been committed.
De Facto
literally, "by fact"; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today.
De Jure
literally, "by law"; refers to legally enforced practices, such as school segregation in the South before the 1960s.
Checks and Balances
mechanisms through which each branch of government is able to participate in and influence the activities of the other branches; major examples include the presidential veto power over congressional legislation, the power of the Senate to approve presidential appointments, and judicial review of congressional enactments.
Civil Rights
obligation imposed on government to take positive action to protect citizens from any illegal action of government agencies and of other private citizens
13th Amendment
one of three Civil War amendments; it abolished slavery.
14th Amendment
one of three Civil War amendments; it guaranteed equal protection and due process.
15th Amendment
one of three Civil War amendments; it guaranteed voting rights for African American men
Tyranny
oppressive government that employs cruel and unjust use of power and authority
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 government to regulate the health, safety, and morals of its citizens.
Implied Powers
powers derived from the necessary and proper clause of Article I, 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 to the Constitution, that are not specifically delegated to the national government or denied to the states.
Grants-In-Aid
programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government.
Equal Protection Clause
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.
Full Faith and Credit Clause
provision, from Article IV, Section 1, of the Constitution, requiring that the states normally honor the public acts and judicial decisions that take place in another state.
Privileges and Immunities Clause
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.
Unfunded Mandates
regulations or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government.
Expressed Powers
specific powers granted by the Constitution to Congress. (Article I, Section 8) and to the president. (Article II).
"Speech Plus"
speech accompanied by conduct 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.
Fighting Words
speech that directly incites damaging conduct
"Clear and Present Danger" Test
test to determine whether speech is protected or unprotected, based on its capacity to present a "clear and present danger" to society
Brown v. Board of Education
the 1954 Supreme Court decision that struck down the "separate but equal" doctrine as fundamentally unequal. This case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions.
Double Jeopardy
the Fifth Amendment right providing that a person cannot be tried twice for the same crime.
Free Exercise Clause
the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses.
Establishment Clause
the First Amendment clause that says that "Congress shall make no law respecting an establishment of religion." This law means that a "wall of separation" exists between church and state.
Exclusionary Rule
the ability of courts to exclude evidence obtained in violation of the Fourth Amendment.
Political Efficacy
the ability to influence government and politics.
Great Compromise
the 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.
Three-Fifths Compromise
the agreement reached at the Constitutional Convention of 1787 that stipulated that for purposes of the apportionment of congressional seats, every slave would be counted as three-fifths of a person.
Gerrymandering
the apportionment of voters in districts in such a way as to give unfair advantage to one racial or ethnic group or political party.
Separation of Powers
the division of governmental power among several institutions that must cooperate in decision making.
Bill of Rights
the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people.
Judicial Review
the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional; the Supreme Court asserted this power in Marbury v. Madison.
Electoral College
the presidential electors from each state who meet after the popular election to cast ballots for president and vice president
Preemption
the principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy attack.
States' Rights
the principle that the states should oppose the increasing authority of the national government. This principle was most popular in the period before the Civil War.
Selective Incorporation
the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments.
General Revenue Sharing
the process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula. Revenue sharing typically involves the national government providing money to state governments.
Miranda Rule
the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel.
Due Process of Law
the right of every citizen against arbitrary action by national or state governments.
Eminent Domain
the right of government to take private property for public use.
Right to Privacy
the right to be left alone, which has been interpreted by the Supreme Court to entail free access to birth control and abortions.
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.
Pluralism
the theory that all interests are and should be free to compete for influence in the government; the outcome of this competition is compromise and moderation.
Discrimination
the use of any unreasonable and unjust criterion of exclusion.
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