how power is exercised towards some common/shared good end
-real "true" good
-apparent good (harmful)
A form of government in which power is vested in hereditary kings and queens who govern in the interests of all
A form of government in which power resides in a leader who rules according to self-interest and without regard for individual rights and liberties.
A form of gov't in which the right to participate is conditioned on the possession of wealth, social status, military position or achievement
A system of gov't that gives power to the people, whether directly or through elected representatives
Document written by the Pilgrims while at sea enumerating the scope of their gov't and it's expectations of the citizens
-consent to be governed, agreement with gov't
An agreement between the people and their gov't signifying their consent to be governed
Social Contract Theory
The belief that people are free and equal by natural right, and that this in turn requires that all people give their consent to be governed; espoused by John Locke and influential in the writing of the declaration of independence.
A system of government in which members of the polity meet to discuss all policy decisions and then agree to abide by majority rule
Indirect (Representative) Democracy
A system of government that gives citizens the opportunity to vote for representatives who will work on their behalf
A government rooted in the consent of the governed; a representative or indirect democracy
Commonly shared attitudes, beliefs, and core values about how government should operate
A key characteristic of U.S. democracy. Initially meaning freedom from governmental interference, today it includes demands for freedom to engage in a variety of practices without governmental interference or discrimination.
The principle that all citizens are equal in the political process, as implied by the phrase "one person, one vote"
The principle that governments must draw their powers from the consent of the governed.
The central premise of direct democracy in which only policies that collectively garner the support of a majority of voters will be made into law.
The notion that the ultimate authority in society rests with the people.
A doctrine that society should be governed by certain ethical principles that are part of nature and, as such, can be understood by reason.
Society created when citizens are allowed to organize and express their views publicly as they engage in an open debate about public policy.
The coherent set of values and beliefs about the purpose and scope of government held by groups and individuals.
-One who favors a free market economy and no governmental interference in personal liberties.
-People who wish to maximize a personal liberty on both economic and social issues. The prefer a small, weak government, that has little control over either the economy or the personal lives of citizens.
-A person who believes government power, particularly in the economy, should be limited in order to maximize individual freedom
-One who believes that a government is best that governs least and that big government can only infringe on individual, personal, and economic rights
One who believes that traditional moral teachings should be supported and furthered by the government.
One who favors governmental involvement in the economy and in the provision of social services and who takes an activist role in protecting the rights of women, the elderly, minorities and the environment.
An American ideal of a happy, successful life, which often includes wealth, a house, a better life for one's children, and, for some, the ability to grow up to be president.
An economic theory designed to increase a nation's wealth through the development of commercial industry and a favorable balance of trade.
Stamp Act Congress
Meeting of representatives of nine of the thirteen colonies held in New York City in 1765, during which representatives drafted a document to send to the king listing how their rights had been violated.
Committees of Correspondence
organizations in each of the American colonies created to keep colonists abreast of developments with the British; served as powerful molders of public opinion against the British.
First Continental Congress
Meeting held in Philadelphia from September 5 to October 26, 1774, in which fifty-six delegates (from every colony except Georgia) adopted a resolution in opposition to the Coercive Acts.
Known in the colonies as the Intolerable Acts.
King George's first retaliation against the colonists after the Boston Tea Party.
Second Continental Congress
-Meeting that convened in Philadelphia on May 10, 1775, at which it was decided that an army should be raised and George Washington of Virginia was named commander in chief.
-Olive Branch Petition
Declaration Of Independence
Document drafted by Thomas Jefferson in 1776 that proclaimed the right of the American colonies to separate from Great Britain.
Articles of Confederation
This document, the nation's first constitution, was adopted by the Second Continental Congress in 1781 during the Revolution. The document was limited because states held most of the power, and Congress lacked the power to tax, regulate trade, or control coinage.
A document establishing the structure, functions, and limitations of a government.
The first general plan for the Constitution, proposed by James Madison and Edmund Randolph. Its key points were a bicameral legislature, an executive and a judiciary chosen by the national legislature.
New Jersey Plan
a framework for the Constitution proposed by a group of small states; its key points were a one-house legislature with one vote for each state, a Congress with the ability to raise revenue and a Supreme Court with members appointed for life.
The final decision of the Constitutional Convention to create a two house legislature
-one house (House of representative), representation was based on population and by the people
-second house (Senate) representatives are selected by state legislatures
-power is divided between state and national gov'ts but national power is supreme
Three- Fifths Compromise
Agreement reached at the Constitutional convention; each slave was to be counted at 3/5 of a person for purposes of determining population for representation in the U.S. House of representatives.
Separation Of Powers
-A way of dividing the power of government among the legislative, executive, and judicial branches with equality ensured by the constitution
-Montesquieu 1713 "Spirit of Laws"
-powers overlap and interlock so separated institutions share power
Checks and Balances
A constitutionally mandated structure that gives each of the three branches of government some degree of oversight and control over the actions of the others.
Plan of government in which power is divided between the national government and the state governments and in which independent states are bound together under one national government, whose power is supreme.
Seventeen specific powers granted to congress under Article I, section 8.
Necessary and Proper Clause
the final paragraph of Article I, section 8, of the U.S. Constitution, which gives Congress the authority to pass all laws "necessary and proper" to carry out the enumerated powers specified in the Constitution; also called the elastic clause
powers derived from the enumerated powers and the necessary and proper clause. These powers are not stated specifically but are considered to be reasonably implied through the exercise of delegated powers
Full Faith and Credit Clause
provision of the Constitution that mandates states to honor the laws and judicial proceedings of other states
Portion of Article VI of the U.S. constitution mandating that national law is supreme to (that is, supersedes) all other laws passed by the states or by any other subdivision of government.
Those who favored a stronger national government and supported the proposed U.S. Constitution; later became the first U.S. Political Party
Those who favored strong state governments and a weak national government; opposed the ratification of the U.S. constitution.
The Federalist Papers
-A series of 85 political papers written by Alexander Hamilton, James Madison, and John Jay in support or ratification of the U.S. Constitution.
-worked under one pen-name "Publia", symbolizes unity
-Publia, Roman statesman who strengthened the Republic
Bill Of Rights
The first ten amendments to the U.S. constitution, which largely guarantee specific rights and liberties
system of government where the national government and state governments share some powers, derive all authority from the people, and the powers of the national government are specified in the U.S. Constitution
System of government where local and regional governments derive all authority from a strong national government
The final part of the Bill of Rights that defines the basic principle of American Federalism in stating "The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."
Reserve (or Police) Powers
Powers reserved to the states by the 10th amendment that lie at the foundation of a state's rights to legislate for the public's health and welfare of its citizens
authority possessed by both the state and national governments that may be exercised concurrently as long as that power is not exclusively within the scope of national power or in conflict with national law
ex post facto law
Law that makes an act punishable as a crime if the action was legal at the time it was committed.
privileges and immunities clause
part of Article IV of the Constitution guaranteeing that the citizens of each state are afforded the same rights as citizens of all other states
part of Article IV of the Constitution that requires states to extradite, or return, criminals to states where they have been convicted or are to stand trial
contracts between states that carry the force of law; generally now used as a tool to address multi state policy concerns.
McCulloch v. Maryland (1819)
the Supreme Court upheld the power of the national government and denied the right of a state to tax the federal bank using the Constitution's supremacy clause. The Court's broad interpretation of the necessary and proper clause paved the way for later rulings upholding expansive federal powers
Gibbons v. Ogden (1824)
the Supreme Court upheld broad congressional power to regulate interstate congressional power to regulate interstate commerce. The Court's broad interpretation of the Constitution's commerce clause paved the way for later rulings upholding expansive federal powers
A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies.
authorized congress to enact a national income tax
Made senators directly elected by the people; removed their selection from the state legislatures.
-the relationship between the national and state governments that began with the New Deal
-sharing of powers and policy assignments between Nat'l govt and state gov't. Marble cake. After Great Depression.
The relationship proposed by Reagan administration during the 1980s; Hallmark is returning administrative powers to the state governments.
broad grant with few strings attached; given to states by the federal government for specified activities, such as secondary education or health services
national laws that direct states or local governments to comply with federal rules or regulations (such as clean air or water standards) but contain little or no federal funding to defray the cost of meeting these requirements
A concept derived from the Constitution's supremacy clause that allows the national government to override or state or local actions in certain areas
the right of a state to be free from lawsuit unless it gives permission to the suit; under the eleventh amendment, all states are considered sovereign
the government-protected rights of individuals against arbitrary or discriminatory treatment by governments or individuals.
One of the three Civil War Amendments; specifically bans slavery in the United States
Laws denying most legal rights to newly freed slaves; passed by southern states following the Civil War
One of the three Civil War Amendments; guarantees equal protection and due process of the law to all U.S. citizens
One of the three Civil War Amendments; specifically enfranchised newly freed male slaves
Jim Crow Laws
Laws enacted by southern states that discriminated against blacks by creating "Whites only" schools, theaters, hotels, and other public accommodations
Civil Rights Cases (1883)
Name attacked to 5 cases brought under the Civil Right Act of 1875. In 1883, the Supreme Court decided that the discrimination on a variety of public accommodations, including theaters, hotels, and railroads, could not be prohibited by the act because such discrimination and not state discrimination
a tax levied in many southern states and localities that had to be paid before an eligible voter could cast a ballot
voting qualification provision in many southern states that allowed only those whose grandfathers had voted before the Reconstruction to vote unless they passed a wealth or literacy test
Plessy v. Ferguson
Supreme Court case that challenged a Louisiana statute requiring that railroads provide separate accommodations for blacks and whites. The court found that separate but equal accommodations did not violate the equal protection clause of the 14th amendment.
The term woman's suffrage refer to the economic and political reform movement aimed at extending suffrage — the right to vote — to women.
the constitutional amendment adopted in 1920 that guarantees women the right to vote.
Brown v. Board of Education (1954)
Supreme Court decision holding that school segregation in Topeka, Kansas, was inherently unconstitutional because it violated the Fourteenth Amendment's guarantee of equal protection. This case marked the end of legal segregation in the United States.
Equal Protection Clause
14th amendment clause that prohibits states from denying equal protection under the law, and has been used to combat discrimination
Civil Rights Acts of 1964
Wide-ranging legislation passed by Congress to outlaw segregation in public facilities and discrimination in employment, education, and voting; created the Equal Employment Opportunity Commission
Equal Employment Opportunity Commission
independent federal agency in the executive branch. Created in 1964, this agency works to eliminate employment discrimination based on race, color, religion, gender, disability, age or other criteria unrelated to job performance. It investigates complaints of discrimination; files lawsuits in cases of discrimination and is responsible for enforcing equal opportunity laws in federal departments, offices and agencies.
Women's Equality Amendment
Proposed amendment to the Constitution that states "Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex"
Provision for the Education Amendments of 1972 that bars educational institutions receiving federal funds from discriminating against female students
Policies designed to give special attention or compensatory treatment to members of a previously disadvantaged group
Alexis de Tocqueville
Came from France to America in 1831, observed democracy in government and society. His book discusses the advantages and disadvantages of democracy and consequences of the majority's unlimited power. First to raise topics of American practicality over theory, the industrial aristocracy, and the conflict between the masses and individuals.
scarcity, unlimited desire, limited resources
just exercise of power that benefits the common good in accordance with the rule of law and standards of right is exercised justly
-based on popular sovereignty and consent of the governed
formal vehicle through which policies are made and affairs of the state are conducted
-system of laws
-rights guaranteed to all citizens
-provide defense for all citizens
tyranny/despotism, abuse of power, exercised for the sake of private interest of the rule and elite or faction in violation of the law
A social idea that all Americans share and is a major part of the American identity. The sources of the ideas that make up the Creed come from Protestantism and the new Enlightenment ideas, such as work ethic, natural and common law, and limits of governmental authority.
Roots of American Order
-Puritanism (Protestant Christianity):
Sola fide: faith alone, English and protestant followers of John Calvin believed Henry VIII didn't go far enough when he broke away from the Catholic faith in the 16th century,
Winthrop's Model Christian
no church hierarchy, decisions are made by the community amongst democratically elected elders.
"City upon a hill"
Renaissance, universal laws for science and governing people
Locke's inalienable rights, Thomas Paine's Common Sense
British history, struggle between divine right, absolutism of monarchy v. parliamentary control. Many saw the American Revolution as a continuation of the English Civil War and protestant Revolution, Common Law: consensus of community and judges to discern tradition and make new laws
-Republicanism: Sacrifice for common good, consent, self governing, Rome is a caution
This document, signed by King John of England in 1215, is the cornerstone of English justice and law. It declared that the king and government were bound by the same laws as other citizens of England. It contained the antecedents of the ideas of due process and the right to a fair and speedy trial that are included in the protection offered by the U.S. Bill of Rights
- immigration from Mexico and Latin American is destructive to U.S.
-Hispanic community wants to "reclaim" the lands from Texas War and Mexican American War.
-immigrants cross freely to maintain familial, economic, and cultural ties, have dual cultural allegiance or a loyalty for home first, weakens ties to American core values.
in favor: -other governments may advocate beliefs that go against american ideals
-shared language and education bind citizens together.
Against:-in the past immigrants were thought to be opposed to american gov't and they weren't
-bilingualism does not mean a separate political identity
Novus Ordo Seclorum
appears on the Great Seal of the United States, first designed 1782 and printed on the back of the American dollar bill since 1935. The phrase was meant to signify " the beginning od the new American Era" as of the date of the Declaration of Independence
Schenck v. U.S
a United States Supreme Court decision concerning the question of whether the defendant possessed a First Amendment right to free speech against the draft during World War I. Ultimately, the case served as the founding of the "clear and present danger" rule.
Brandenburg v. Ohio
-1969two-prong test for limiting speech: 1) must be directed at inciting imminent lawlessness, 2) must be likely to achieve its goal
-Threats of a KKK leader were deemed ok b/c of a failure to prove a real danger from them. Declared that speech is protected unless proven that actions directly incited the action
D.C. v. Heller
2nd amendment right of individuals to possess firearm
Palko v. Connecticut
charged with first degree murder for the shooting deaths of two policemen- convicted him of 2nd degree murder, had a second trial, had violated the double jepordy clause
U.S. v. O'Brien
(1968), was a decision by the Supreme Court of the United States, which ruled that a criminal prohibition against burning a draft card did not violate the First Amendment's guarantee of free speech.
Texas v. Johnson
-Even offensive speech is protected by law (1989)
-fundamental freedoms doctrine: allowed to burn american flag, freedom of speech protects rights of minority dissidents
Buckley v. Valeo
a case in which the Supreme Court of the United States upheld federal limits on campaign contributions and ruled that spending money to influence elections is a form of constitutionally protected free speech. The court also stated candidates can give unlimited amounts of money to their own campaigns.
Soft v. Hard Money
Hard' money is contributed directly to a candidate. It is regulated by law and monitored by the Federal Election Commission. Individuals can give no more than $1,000 to a specific candidate in a given year.
'Soft' money is contributed to the Republican and Democratic National Committees, and to the party committees in each state. 'Soft' contributions are not as heavily regulated. The parties may use such money to promote candidates or finance party projects, such as political conventions.
a tort consisting of false and malicious publication printed for the purpose of defaming a living person
words falsely spoken that damage the reputation of another
Roth v. U.S.
-obscenity is not within the protected area of freedoms to free speech and press
-in order to be obscene, material must be "utterly without redeeming social value" (1957)
Miller v. California
1973 ruling that determined the obscenity clause to related to works that lack literary, artisitic, political or scientific value. (LAPS test)
Ashcroft v. Free Speech Coalition
-said if we are going to have acts that cut down our first amendment rights, they need to be very narrowly tailored this Case was in response to the Child Pornography Protection Act.
-cannot go as far as outlawing internet pornography
part of the first amendment stating that "Congress shall make no law respecting an establishment of religion"
free exercise clause
a first amendment provision that prohibits government from interfering with the practice of religion
US Supreme Court ruled that school sponsored prayer and Bible reading violate the Establishment Clause.
Under Free Exercise Clause students and faculty have a protected right to engage in individual prayer.
Student initiated prayer, individually or in a group setting, is permitted as long as it doesn't result in an endorsement of religion by the school.
Engel v. Vitale
"prayer period" held that New York schools violated the 1st amendment when they wrote a prayer to be receited in school
Abington v. Schemp
declared school-sponsored Bible reading in public schools in the United States to be unconstitutional.
Wallace v. Jaffree
-alabama legislature was intent to return prayer to public schools
-Moments of silent prayer at school are unconstitutional---moments of silence are not.
Santa Fe Independent School Dist. v. Doe
It ruled that a policy permitting student-led, student-initiated prayer at football games violates the Establishment Clause of the First Amendment.
Zelman v. Simmons Harris
tuition vouchers for school children to attend private or relgious schools wa upheld since vouchers were neutral to religion
Roe v. Wade
-Supreme Court struck down a Texas law that made abortions a crime except when necessary to save the life of the mother.
-Addresses the "right to privacy"/no where in the constitution are we explicitly guaranteed a right to privacy/U.S. Supreme Court recognized this fundamental right
Bowers v. Hardwick
1986), is a United States Supreme Court decision that upheld the constitutionality of a Georgia sodomy law criminizalizing oral and anal sex in private between consenting adults when applied to homosexuals. Seventeen years after Bowers v. Hardwick, the Supreme Court directly overruled the decision in Lawrence v. Texas, 539 U.S. 558 (2003), and held that such laws are unconstitutional. In overruling Bowers v. Hardwick, the 2003 Court stated that "Bowers was not correct when it was decided, and it is not correct today."
Griswold v. Connecticut
1965-- unstated liberties implied by the explicitly stated rights (Shadows; penumbras) protecting right to privacy-- includes right to family planning between husband and wife (birth control is legal)
Stenberg V. Carhart
states may not ban partial birth abortions if they fail to allow an exception to protect the health of the mother
Planned Parenthood v. Casey
Pennsylvania statute required a woman to notify her husband before getting an abortion. The Supreme Court overturned the law, but laws calling for parental consent for minors and the imposition of a 24 hour waiting period were upheld. The state can regulate abortion but not with regulations that impose an "undue burden" upon women.
Right to Privacy
right to be free of government interference in those aspects of one's personal life that do not affect others. This was derived from the 9th amendment. This right is not explicitly mentioned in the Constitution, but the Amendment says that some rights may be retained by the people even though they are not mentioned.
nazi's wanted to march through a heavy populated town of jews...skokie law required insurance but they couldn't afford it.. they ended up marching in a different area
Virginia v. Black
hree defendants were convicted in two separate cases of violating a Virginia statute against cross burning. In this case, the Court struck down that statute to the extent that it considered cross burning as prima facie evidence of intent to intimidate. Such a provision, the Court argued, blurs the distinction between proscribable "threats of intimidation" and the Ku Klux Klan's protected "messages of shared ideology."
Chaplinsky v. New Hampshire
(1942) was a case decided by the Supreme Court of the United States, in which the Court articulated the fighting words doctrine, a limitation of the First Amendment's guarantee of freedom of speech.
-, fighting words doctrine: man who verbally abused policeman not allowed free speech
Rights of the Accused
Free from unreasosnable search and seizure, right to a speedy trial, right to plead not guilty, right to be represented by an attorney, right to a court-appointed attorney if not able to afford one, right to summon witnesses and evidence in their defense, right to confront and cross-examine any witnesses against them, right to be presumed innocent until PROVEN guilty by a jurdge or jury beyond a reasonable doubt.
No unreasonable search and seizure; court authorized warrant needed to search
right to grand jury, indictment, no double jeopardy, freedom from self-incrimination, due process of law
right to a speedy and public trial. right to a fair jury. right to know what you are being accused of. right to see/hear witnesses against you. right to have a witness to help defend you. right to a lawyer.
following established legal procedures
putting someone on trial for a crime of which he or she was previously acquitted
Mapp v. Ohio
-a landmark case in the area of U.S. criminal procedure, in which the United States Supreme Court decided that evidence obtained in violation of the Fourth Amendment protection against "unreasonable searches and seizures" may not be used in criminal prosecutions in state courts, as well as federal courts.
-evidence seized illegally cannot be used in trial
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.
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.
Requirement that evidence unconstitutionally or illegally obtained be excluded from a criminal trial.
Habeas Corpus appeals
a prisoner can be released from unlawful detention. The remedy can be sought by the prisoner or by another person coming to his aid. Habeas corpus originated in the English legal system, but it is now available in many nations. It has historically been an important legal instrument safeguarding individual freedom against arbitrary state action.
clear and present danger test
Interpretation of the First Amendment that holds that the government cannot interfere with speech unless the speech presents a clear and present danger that it will lead to evil or illegal acts.
substantive due process
The government must create fair policies and laws
The process by which provisions of the Bill of Rights are brought within the scope of the Fourteenth Amendment and so applied to state and local governments.
Censorship imposed before a speech is made or a newspaper is published; usually presumed to be unconstitutional.
New York Times v. U.S
The U.S. President Richard Nixon had claimed executive authority to force the Times to suspend publication of classified information in its possession. The question before the court was whether the constitutional freedom of the press under the First Amendment was subordinate to a claimed Executive need to maintain the secrecy of information. The Supreme Court ruled that First Amendment did protect the New York Times' right to print said materials.
NY Times vs. Sullivan
The court said public officials may not win damages for defamatory statements regarding their official conduct unless they can prove actual "malice", that is , that the statements were made known that they were false or with reckless disregard of whether they were true or false
Gitlow v. NY
-arrested from breaking state anarchy law
-protected under freedom of speech
because of fourteenth amendment, bill of rights applies to the states