POS 110 Exam 1
Terms in this set (145)
the ability to influence government and politics
informed and active membership in a political community
a form of government in which a single individual—a king, queen or dictator—rules
a form of government in which a small group controls most of the governing decisions
a system of rule that permits citizens to play a significant part in the governmental process, usually through the election of key public officials
a system of rule in which the government recognizes no formal limits but may nevertheless be restrained by the power of other social institutions
a system of rule in which the government recognizes no formal limits on its power and seeks to absorb or eliminate other institutions that might challenge it
Representative democracy (republic)
a system of government in which the populace selects representatives, who play a significant role in governmental decision making
a system of rule that permits citizens to vole directly on laws and policies
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
broadly shared values, beliefs, and attitudes about how the government should function. American political culture emphasizes the values of liberty, equality, and democracy
freedom from governmental control
the right to participate in politics equally, based on the principle of "one person, one vote"
a principle in democracy in which political authority rests ultimately in the hands of the people
a framework for the Constitution, introduced by Edmond Randolph, that called for representation in the national legislature based on the population of each stat
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
The 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
the agreement reached at the Constitutional Convention of 1787 that stated that for purposes of the apportionment of congressional seats, every slave would be counted as three-fifths of a person
Checks and Balances
mechanism through which each branch of government is able to participate in and influence the activities of the other branches (see p. 59)
First Continental Congress
Second Continental Congress; adopted Declaration of Independence
Continental Congress adopted Articles of Confederation (lasted until 1789)
Articles of Confederation
America's first written constitution - created a WEAK central government; served as the basis for America's national government until 1789
the electors from each state who meet after the popular election to cast ballots for president and vice president
Bill of Rights
The first 10 amendments to the US Constitution, ratified in 1791; they ensure certain rights and liberties to the people
Although the Anti-Federalists failed to block the ratification of the Constitution, they did ensure that the Bill of Rights would be created to protect individuals from government interference and possible tyranny. The Bill of Rights, drafted by a group led by James Madison, consisted of the first ten amendments to the Constitution, which guaranteed the civil rights of American citizens.
a system of government in which power is divided, by a constitution, between a central government and regional governments
specific powers granted by the Constitutional Congress (Article I, section 8) and to the president (Article II)
Article I, section 8 of the Constitution (also known as "The Necessary and Proper clause") which lists the powers of Congress and provides Congress with the authority to make all laws "necessary and proper" to carry them out
having a legislative assembly composed of two chambers or houses; distinguished from unicameral
the power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid and unconstitutional; the Supreme Court asserted this power in Marbury v. Madison (1803)
Article VI of the Constitution, which states that laws passed by the national government and all treaties are the supreme law of the land
those who favored a strong national government and supported the Constitution proposed at the American Constitutional Convention of 1787
those who favored a strong state government and a weak national government, and who were opponents of the Constitution proposed at the American Constitutional Convention of 1787 because it gave more power to the federal government and less to the states, and because it did not ensure individual rights. Many wanted to keep the Articles of Confederation. The Antifederalists were instrumental in obtaining passage of the Bill of Rights as a prerequisite to ratification of the Constitution in several states. After the ratification of the Constitution, the Antifederalists regrouped as the Democratic-Republican (or simply Republican) party.
a series of essays written by Alexander Hamilton, James Madison, and John Jay supporting the ratification of the Constitution
a centralized government system in which tower levels of government have little power independent of the national government
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
powers, derived from the Tenth Amendment, that are not specifically delegated to the national government or denied to the states
power reserved to the state government to regulate the health, safety and morals of its citizens
authority possessed by both state and national governments, such as the power to levy taxes
Full faith and credit clause
clause requiring that states normally honor the public acts and judicial decisions that take place in another state
Privileges and immunities clause
provision that a state cannot discriminate against someone from another state or give its own residents special privileges
power delegated by the state to a local unit of government to manage its own affairs (usually given to larger cities)
the system of government that prevailed in the US from 1789 to 1937 where states and the national government each remain supreme within their own spheres of power; "layer cake" federalism
delegates to the 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
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
congressional grants given to states and localities on the condition that the expenditures be limited to a problem or group specified by law
grant programs in which state and local governments submit proposals to federal agencies and for which funding is provided on a competitive basis
grants-in-aid in which a formula is sued to determine the amount of federal funds a state or local government will receive
a type of new 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"
a form of federalism in which Congress imposes legislation on the states and localities, requiring them to meet national standards; stronger national government, grants & unfunded mandates
the principle that allows the national government to override state or local actions in certain policy areas
regualtions or conditions for receiving grants that impose costs on state and local governments for which they are not reimbursed by the federal government
federal grants-in-aid that allow states considerable discretion in how the funds are spent
attempts by presidents Nixon and Reagan to return power to the states through block grants
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; typically involves the national government providing money to state governments
economic policies designed to control the economy through taxing and spending, with the goal of benefitting the poor
a court order demanding that an individual in custody may be brought to court and shown the cause for detention
Ex post facto laws
laws that declare an action to be illegal after it has been committed (prohibited in the Constitution)
Bill of attainder
a law that declares a person guilty of a crime without a trial (prohibited in the Constitution)
Federalists concerns with Bill of Rights
argued that it was unnecessary for a government given only delegated powers; "why declare that things shall not be done which there is no power to do?"
the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens the protection from state as well as national governments
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
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
Free exercise clause
the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses
"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
speech that directly incites damaging conduct
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
an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the US, the courts forbid prior restraint except under the most extraordinary circumstances
a written statement made in reckless disregard of the truth that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"
an oral statement that made in reckless disregard of the truth that is considered damaging to a victim because it is "malicious, scandalous, and defamatory"
Due process of law
the right of every individual against arbitrary action by national or state governments
The Fourth Amendment
guarantees the security of citizens against unreasonable search and seizures
the ability of courts to exclude the evidence obtained in violation of the Fourth Amendment
jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence
the Fifth Amendment right providing that a person cannot be tried twice for the same crime
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
the right of government to take private property for public use
Equal protection clause
provision of the Fourteenth Amendment guaranteeing citizens the "equal protection of the laws."
What describes the federal court's trend towards school desegregation in the 1990's
The courts decreased the federal supervision of local school desegregation
Dispute over affirmative action demonstrate that Americans ______________.
disagree over the public's legitimate role in ensuring the equality of opportunity
During the founding era, ____________ were the strongest supporters of adding a bill of rights to the Constitution
The Supreme Court justices formally articulated the right to privacy in a case involving _______________.
access to birth control
One of the most important cases related to the right to privacy was ___________ , which established a woman's right to seek an
Roe v. Wade
In American political culture, economic freedom means _______.
According to the authors of the text, which sector of society did not have interests that were important to colonial politics?
What are some examples of public goods?
the local police force, the military, fire protection, clean water
The 1896 Supreme Court case of Plessy v. Ferguson upheld legal segregation and created the ______________ rule, which fostered national segregation. Overt discrimination in public accommodations was common.
separate but equal
Which Supreme Court decision overturned the Plessy v. Ferguson decision?
Brown v. Board of Education
What did Brown v. Board of Education determine?
determined that separate but equal in schooling is inherently unequal because it is predicated on the idea of racial superiority
Plessy v. Ferguson and Brown v. Board of Education reveal two different visions of the political value of ___________
The willingness to be restrained by the power of social institutions, but not political or legal institutions, is a hallmark of a(n) _________ regime
Why did the Equal Rights Amendment fail to pass?
It was not ratified by the necessary thirty eight states (3/4)
Having some share or say in the composition of a government's leadership, how it is organizes, or what its policies are going to be is called __________
What did the National Origins quota system do?
It allowed a large quota of new immigrants from northern European countries, but only a small quota of new immigrants from eastern and southern European countries
Near v. Minnesota (1931) established the principle that __________________.
only under the most extraordinary circumstances should the government prevent the publication of newspapers and magazines
Who was NOT appointed to help draft the Declaration of Independence?
What are some of the constitutional powers of the president?
- convene Congress in special session
- officially recognize other nations
- grant pardons
- veto bills
When New York times reporter Judith Miller was jailed in 2005 for not revealing on of her sources, it illustrated that ___________.
The press has no constitutional right to withhold information in court
What major changes in Western government led to the establishment of a constitutional government?
legal limits on government and the right of more people to vote
The Supreme Court's decision in Citizens United v. Federal Election Commission (2010) was significant because it concluded that __________________.
the Constitution prohibits the government from regulated political speech funded by corporations
The Seneca Falls Convention was significant because ______________.
it marked the starting point of the modern women's movement
What is the Supreme Court's position on commercial speech, such as advertisements?
Advertisements receive limited First Amendment protection
The Bill of Rights was ratified by the states in _________.
United States v. Lopez
1995; Congress does not have the power to prohibit guns in an area around a school under the Commerce Clause; gun regulation in this sense is a function of the state/local government
Why was United States v. Lopez (1995) important?
It was the first time since the New Deal that the Supreme Court limited the power of Congress outlined under the commerce clause
_________________ leaked top secret documents from the National Security Administration to the press in 2013
A Federal grant to states to assist the building of new public schools is an example of a _________ grant
In order to be a good citizen, it is most critical to possess ___________.
in the civil rights act of 1964, Congress vastly expanded the role of the executive branch and the credibility of court orders by ___________.
requiring the federal grants-in-aid to state and local governments for education be withheld from any school system practicing racial segregation
The 1787 convention to draft a new constitution was held in ___________.
The essential dilemma of a limited government raised by the ratification debates is ________________.
a government too weak to do harm also cannot do good
What was a way the framers tried to make the Senate a check against excessive democracy?
Senators were originally appointed by state legislatures
During the late 1940s and 1950s, ____________ was the head lawyer for the NAACP Legal Defense Fund.
The Supreme Court's decisions on school desegregation since 1991 generally suggest that the Court will _________________.
be willing to end desegregation plans even when predominantly minority schools continue to lag significantly behind white suburban schools
Which clause of the U.S. Constitution has been central in debates over same-sex marriage?
the full faith and credit clause
What is the overall importance of McCulloch v. Maryland (1819)?
The justices interpreted the delegated powers of congress broadly, creating the potential for increased national power
McCulloch v. Maryland
1819, Cheif justice john marshall limits of the US constition and of the authority of the federal and state govts. Maryland was opposed to establishment of a national bank and challenged the authority of federal govt to establish one (wanted to heavily tax Maryland's Second Ban).. McCulloch won this case because Chief Justice Marshall ruled that states cannot interfere with federal institutions like banks. Banks were made officially constitutional.
Political rights are a protection against ________
the tyranny of the majority
Palko v. Connecticut (1937)
the Supreme Court ruled that double jeopardy was not one of the provisions of the Bill of Rights incorporated into the Fourteenth Amendment as a restriction on the powers of the states.
Dennis v. United States (1951)
showed that "Expressive speech" is protected until it moves from the symbolic realm to direct incitement of damaging conduct with the use of so-called fighting words; ruled there is no substantial public interest in permitting the lewd and obscene, the profane, the libelous, and the insulting or "fighting" words
In the case of District of Columbia v. Heller, the Court ruled that _______________ (Second Amendment)
the Second Amendment provides a constitutional right to keep a loaded handgun at home for self-defense
Which Supreme Court Case established the Exclusionary Rule, which gave courts the right to exclude illegally obtained evidence (obtained through illegal search and seizure)?
Mapp v. Ohio (1961)
The Supreme Court ruled in _________________ that anyone facing imprisonment has the right to an attorney, even if he cannot afford one (Sixth Amendment)
Gideon v. Wainwright (1963)
Until 1961, only the _______________ and one clause of the _______________ had been clearly incorporated into the Fourteenth Amendment as binding on the states as well as on the national government. After that, one by one, most of the important provisions of the Bill of Rights were incorporated into the Fourteenth Amendment and applied to the states.
First Amendment, Fifth Amendment
What is the Due Process Clause?
Clause in the Fourteenth Amendment prohibits the state governments from depriving any person of life, liberty, or property without due process of law.
Pregame prayer at public schools also violates the establishment clause of the ___________________
What did the First Amendment state?
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
What did the Second Amendment state?
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
What does the Fourth Amendment protect Americans from?
Protects Americans against unreasonable searches and seizures. No soldier, Gov agent, or police can search your home without a search warrant.
What is the purpose of the Fifth Amendment?
to protect the rights of persons accused of crimes, including protection against double jeopardy, self-incrimination, and punishment without due process of law.
What is the purpose of the Sixth Amendment?
to protect individuals accused of crimes. It includes the right to counsel, the right to confront witnesses, and the right to a speedy and public trial.
The Seventh Amendment secures a person's right to _______________
trial by jury
Commercial speech is not nearly as protected as ___________.
protections from improper government action
The Constitutional Convention of 1787 concluded without a _______________
Bill of Rights
In 1833, the U.S. Supreme Court ruled that the Bill of Rights limited only the actions of the national government and not the state governments. This changed with the adoption of the ______________ in 1868
The Fourteenth Amendment incorporates the ____________ to the states
Bill of Rights
After ________, one by one, most of the important provisions of the Bill of Rights were incorporated into the Fourteenth Amendment and applied to the states.
What did the Free Exercise Clause establish?
-Can believe and practice religion of one's choice
-Can hold no religious beliefs without consequence
... as long as it does not harm others in the name of religion (or lack thereof)
In regards to gun laws, States and local governments can place different boundaries around __________, ___________, ___________, and other aspects related to access
waiting periods, registration, types of arms allowed,
The Fourth, Fifth, Sixth, and Eighth amendments, taken together, are the essence of the _______________.
due process of law
The Eighth Amendment prohibits ___________.
excessive bail, excessive fines, cruel and unusual punishment
Franklin v. Gwinnett County Public Schools (1992), United States v. Virginia (1996), and Meritor Savings Bank v. Vinson (1986) all dealt with ___________________.
Women and Gender discrimination
Title VII of the __________ Act created the Equal Employment Opportunity Commission and allowed for the Justice Department to enforce fair-employment practices
When was the voting rights act passed?