Key Concepts in American Government and Constitutional Law

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99 Terms

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Social Contract

The idea that people give up certain freedoms to a government in exchange for protection of rights.

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Natural Rights

Rights that are inherent and unalienable (life, liberty, property/pursuit of happiness).

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Popular Sovereignty

Government power comes from the people.

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Republicanism

A system where representatives are elected to make laws on behalf of the people.

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Participatory Democracy

Broad participation by citizens in politics and civil society.

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Pluralist Democracy

Many groups compete for power and influence.

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Elite Democracy

A small number of wealthy or educated individuals influence policy decisions.

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Federalism

The division of power between the national and state governments.

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Articles of Confederation

America's first (weak) national government; lacked power to tax or regulate commerce.

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Shays' Rebellion

Exposed the weaknesses of the Articles and pushed for a stronger federal government.

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Great Compromise

Created a bicameral legislature (House = population, Senate = equal states).

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3/5 Compromise

Counted 3 out of 5 enslaved people for representation/taxation.

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Bicameral

Two chambers (House & Senate).

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Enumerated Powers

Powers specifically listed in the Constitution (e.g., tax, declare war).

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Implied Powers

Powers not explicitly stated, based on the Necessary and Proper Clause.

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Filibuster

Senate practice to delay legislation by speaking indefinitely.

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Cloture

A vote to end a filibuster (requires 60 votes).

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Gerrymandering

Manipulating district boundaries to benefit a party.

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Veto

President rejects a bill.

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Executive Order

A directive from the president that has the force of law.

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Cabinet

Advisers to the president who head executive departments.

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Judicial Review

The power of courts to declare laws or actions unconstitutional (from Marbury v. Madison).

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Precedent

A legal decision that sets the standard for future cases.

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Stare Decisis

"Let the decision stand"; courts follow previous rulings.

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Bill of Rights

First 10 Amendments protecting individual liberties.

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Selective Incorporation

Applying parts of the Bill of Rights to states via the 14th Amendment.

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Due Process Clause

Guarantees fair treatment under the law (14th Amendment).

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Equal Protection Clause

Requires states to treat all citizens equally (14th Amendment).

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Establishment Clause

Government cannot establish an official religion.

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Free Exercise Clause

Individuals can freely practice religion.

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Civil Liberties

Individual protections from government actions.

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Civil Rights

Protections against discrimination and unequal treatment.

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Political Socialization

The process by which people form political beliefs.

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Liberal Ideology

Favors more government involvement in economy and less in personal lives.

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Conservative Ideology

Favors less government in economy, more in personal/moral issues.

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Libertarian Ideology

Minimal government in both economic and personal matters.

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Demographics

Statistical data used to analyze voters (age, race, gender, etc.).

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Public Opinion Polls

Surveys used to gauge public preferences and beliefs.

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Political Party

Organization that seeks to influence government by electing members.

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Interest Group

Organized group that tries to influence public policy.

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Lobbying

Attempting to influence lawmakers on behalf of an interest group.

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PAC (Political Action Committee)

Groups that raise money for political campaigns.

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Super PAC

Can raise unlimited funds but cannot coordinate with candidates.

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Electoral College

System used to elect the President; states have votes based on congressional representation.

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Midterm Election

Congressional elections held halfway through a president's term.

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Voter Turnout

The percentage of eligible voters who actually vote.

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Public Policy

A course of action by government to address issues.

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Fiscal Policy

Government decisions on taxing and spending.

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Monetary Policy

Regulation of the money supply by the Federal Reserve.

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Entitlement Programs

Government programs that guarantee benefits to certain groups (e.g., Social Security).

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Discretionary Spending

Government spending that must be approved annually (e.g., defense, education).

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Mandatory Spending

Spending required by law (e.g., Social Security, Medicare).

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Amendment 1

Freedom of Speech, Religion, Press, Assembly, Petition

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Amendment 2

Right to Bear Arms

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Amendment 3

No Quartering of Soldiers in private homes

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Amendment 4

Protection from Unreasonable Searches & Seizures

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Amendment 5

Due Process, No Double Jeopardy, No Self-Incrimination, Eminent Domain

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Amendment 6

Right to a Speedy, Public Trial, Impartial Jury, Counsel, Confront Witnesses

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Amendment 7

Right to a Jury in Civil Cases over $20

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Amendment 8

No Excessive Bail or Cruel & Unusual Punishment

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Amendment 9

Unenumerated Rights Retained by the People

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Amendment 10

Powers Reserved to the States or People

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Amendment 11

Limits on Suing States in federal court

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Amendment 12

Separate Votes for President and Vice President

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Amendment 13

Abolition of Slavery

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Amendment 14

Citizenship, Equal Protection, Due Process from States

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Amendment 15

Voting Rights Cannot Be Denied by Race

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Amendment 16

Federal Income Tax Allowed

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Amendment 17

Direct Election of Senators

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Amendment 18

Prohibition of Alcohol

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Amendment 19

Women's Right to Vote

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Amendment 20

Lame Duck Period Shortened (Presidential Inauguration: Jan 20)

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Amendment 21

Repeal of Prohibition (18th Amendment)

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Amendment 22

Two-Term Limit for President

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Amendment 23

Electoral Votes for D.C.

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Amendment 24

No Poll Taxes in federal elections

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Amendment 25

Presidential Succession and Disability Procedures

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Amendment 26

Voting Age Set at 18

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Amendment 27

Limits on Congressional Pay Raises (effective after the next election)

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Marbury v. Madison (1803)

Established judicial review, giving the Supreme Court power to declare laws unconstitutional.

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McCulloch v. Maryland (1819)

Expanded federal power via the Necessary and Proper Clause, states can't tax the federal government.

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U.S. v. Lopez (1995)

Limited Congress's commerce power, reaffirmed state sovereignty.

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Engel v. Vitale (1962)

Violated the Establishment Clause; banned government-sponsored prayer in public schools.

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Wisconsin v. Yoder (1972)

Strengthened the Free Exercise Clause; religious liberty outweighed state educational interests.

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Tinker v. Des Moines (1969)

Students retain free speech rights at school if not disruptive.

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New York Times v. U.S. (1971)

Strengthened freedom of the press; government cannot use prior restraint unless there's direct national security threat.

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Schenck v. U.S. (1919)

Allowed restrictions on speech during wartime; created the 'clear and present danger' test.

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Gideon v. Wainwright (1963)

Extended the 6th Amendment right to counsel to state courts via the 14th Amendment.

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McDonald v. Chicago (2010)

Incorporated the 2nd Amendment right to bear arms to the states via the 14th Amendment.

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Brown v. Board of Education (1954)

Declared school segregation unconstitutional, overturned Plessy v. Ferguson, strengthened Equal Protection Clause of the 14th Amendment.

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Declaration of Independence

Natural rights & justification for revolution.

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Articles of Confederation

Weak central government.

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U.S. Constitution

Stronger federal structure, separation of powers.

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Federalist No. 10

Guard against factions with a large republic.

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Federalist No. 51

Checks and balances, separation of powers.

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Federalist No. 70

Need for a strong executive.

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Federalist No. 78

Judicial independence and judicial review.

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Brutus No. 1

Anti-Federalist fears of a strong central government.

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Letter from Birmingham Jail

Moral duty to oppose unjust laws through nonviolence.