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169 Terms
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Affirmative action
government policies or programs that seek to redress past injustices again specified groups by making special efforts to prodive members of these groups with access to educational and emplpyment opportunities
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Anti-federalists
those who favored strong state governments and a weak national government and were opponents of the constitution
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Articles of Confederation
America's first written constitution; served as the basis for America's national government until 1789
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Authoritarian system (government)
a system of rule in which the government recognize no formal limit but may nevertheless be restrained by the power of other social institutions
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Block grants
federal grants-in-aid that allow states considerable discretion in how the funds are spent
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Boston Massacre
The first bloodshed of the American Revolution (1770), as British guards at the Boston Customs House opened fire on a crowd killing five Americans
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Boston Tea Party
A 1773 protest against British taxes in which Boston colonists disguised as Mohawks dumped valuable tea into Boston Harbor.
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Bourgeoisie
A social class that derives social and economic power from employment, education, and wealth, as opposed to the inherited power of aristocratic family of titled land owners or feudal privileges. It's a term for the middle class common in the 19th century. It's characterized by their ownership of property and their related culture.
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Categorical grants
congressional grants given to states and localities in the condition that expenditures be limited to a problem or group specified by the law
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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 enactment
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Civil liberties
areas of personal freedom constitutionally protected from government interference
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Civil rights
obligation imposed on government to take a positive action to protect citizens from any illegal action of government agencies and of other private citizens
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Civil Rights Act
(1964) law under Johnson that made segregation illegal in all public facilities, Equal Employment Opportunity Commission
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Commerce clause
Congress has the power to regulate commerce with foreign nations, and among the several states and with the Indigenous Tribes
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The Commerce Clause can be found in \_______ of the Constitution
Article 1, Section 8
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The Clause of Commerce can be interrupted by \________ in favor of national power over the economy
the Supreme Court
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Commercial speech
Communication in the form of advertising. It can be restricted more than many other types of speech but has been receiving increased protection from the Supreme Court.
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Confederation
a system of government in which states retain sovereign authority except for the powers expressly delegate to the national government
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Connecticut or Great Compromise
The agreement that the national legislature of the United States would have two houses, with representation in one based on population, and equal representation per state in the other, was called the \______
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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"
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Cruel and unusual punishment
Court sentences prohibited by the Eighth Amendment. Although the Supreme Court has ruled that mandatory death sentences for certain offenses are unconstitutional, it has not held that the death penalty itself constitutes cruel and unusual punishment.
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Declaration of Independence
1776 statement, issued by the Second Continental Congress, explaining why the colonies wanted independence from Britain.
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Defamation
Act of harming or ruining another's reputation
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Democratic system
a system of rule that permits citizens to play a significant part in the governmental process, usually through the election of key public officials
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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 government
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Direct democracy
a system of rule that permits citizens to vote directly on laws and policies
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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 shared
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Eminent domain
the right of government to take private property for public use
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Equal protection clause
citizens are guaranteed "the equal protection of the laws"; this clause has served as the basis for civil rights of African Americans, women, and other group
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The equal protection clause is the \______ amendment
fourteenth
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Establishment clause
"Congress shall make no law respecting an establishment of religion"; this law means that a "wall of separation" exists between church and state
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The Establishment clause is the \____ amendment
first
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Exclusionary rule
the ability of courts to exclude evidence obtained in violation of the fourth amendment
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Expressed powers
specific powers granted by the Constitution to Congress and to the president
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Federalism
a system of government in which power is divided, by a constitution, between the central (national) and regional (state) government/s
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Federalists
those who favor a strong national government and supported the constitution proposed at the Americana Constitutional Convention of 1787
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Fighting words
speech that directly incites damaging conduct
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First Continental Congress took place on
September 5 to October 26, 1774
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First Constitutional Convention was held
May 14, 1787
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Formula grants
Federal categorical grants distributed according to a formula specified in legislation or in administrative regulations.
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Free exercise clause a.k.a the
First amendment
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French-Indian War
in 1754 the British were trying to evict the French from the land west of the Appalachian Mountains - the British won - there were still land restrictions bc of the threat of the native americans - end of salutary neglect
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Full faith and credit clause
requires the state normally honor the public acts and judicial decisions that take place in another state
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Full faith and credit clause is provision from \_________ of the constitution
Article IV (4), Section 1
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Gay rights
Historically, the United States has struggled with majority rule and the extension of minority rights. As a result of this struggle, the government has increasingly extended civil rights to marginalized groups and broadened opportunities for participation.
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Grants in aid
money given by the national government to the states
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Thomas Hobbes
English materialist and political philosopher who advocated absolute sovereignty as the only kind of government that could resolve problems caused by the selfishness of human beings (1588-1679)
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Home rule
allows cities to write their own charters, choose their own type of government, and manage their own affairs
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Implied powers
Are not specifically expressed but are implied through the expansive interpretation of delegated powers
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Intolerable Acts
series of laws passed in 1774 to punish Boston for the Tea Party
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Judicial review
The power of the courts to review and, if necessary, declare actions of the legislative and executive branches invalid or unconstitutional
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The Supreme Court asserted the power of Judicial review in
Marbury v. Madison (1803)
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Laissez-faire capitalism
An economic system in which the means of production and distribution are privately owned and operated by for profit with minimal or no government interference
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Lemon test
The three-part test for Establishment Clause cases that a law must pass before it is declared constitutional: it must have a secular purpose; it must neither advance nor inhibit religion; and it must not cause excessive entanglement with religion.
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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"
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Liberty
Freedom from governmental control
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John Locke
17th century English philosopher who opposed the Divine Right of Kings and who asserted that people have a natural right to life, liberty, and property.
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Miranda rule
The requirement that persons under arrest must be informed prior to people interrogation of their rights to remain silent and to have the benefit to legal counsel
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The Miranda rule was articulated but the \____________ in \___________ (1966)
Supreme Court; Miranda v. Arizona
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Baron de Montesquieu
(1689-1755) Enlightenment thinker from France who wrote a book called, The Spirit of the Laws in 1748. In his book, Montesquieu describes what he considers to be the best government. He states that government should divide itself according to its powers, creating a Judicial, Legislative, and Executive branch. Montesquieu explained that under this system each branch would Check and Balance the others, which would help protect the people's liberty.
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Necessary and proper clause
Congress has to the authority to make all laws necessary and proper to carry out its expressed powers
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New federalism
Attempts by president Nixon and Reagan to return power to the states through block grants
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New Jersey Plan
Called for equal state representation in the national legislature regardless of population
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The New Jersey Plan was in introduced by
William Paterson
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Obscenity
Quality or state of a work that taken as a whole appeals to a prurient interest in sex by depicting sexual conduct in a patently offensive way and that lacks serious literary, artistic, political, or scientific value.
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Police powers
power reserved to the state government to regulate the health, safety, and morals of its citizens
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Political efficacy
The ability to influence government and politics
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Political equality
the right to participate in politics equally, based in the principle of "one person, one vote"
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Political speech
Speech about political issues, almost completely protected under First Amendment.
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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
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Proletariat
Working class
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Representative democracy
A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.
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Revenue sharing
A law providing for the distribution of a fixed amount or share of federal tax revenues to the states for spending on almost any government purpose.
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Right to counsel
Individual right found in the Sixth Amendment of the Constitution that requires criminal defendants to have access to legal representation.
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Right to privacy
The right to a private personal life free from the intrusion of government.
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Second Continental Congress
Political authority that directed the struggle for independence beginning in 1775.
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Second Constitutional Convention
established in 1908 after the young turk revolution. forced the revival of constitutional monarchy and the ottoman parliament.
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Selective incorporation
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.
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Separate but equal
Principle upheld in Plessy v. Ferguson (1896) in which the Supreme Court ruled that segregation of public facilities was legal.
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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
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Shays' 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.
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Slander
Spoken defamation
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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.
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Stamp Act
1765; law that taxed printed goods, including: playing cards, documents, newspapers, etc.
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States' rights
the rights and powers held by individual US states rather than by the federal government.
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Sugar Act
(1764) British deeply in debt partl to French & Indian War. English Parliament placed a tariff on sugar, coffee, wines, and molasses. colonists avoided the tax by smuggling and by bribing tax collectors.
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Supremacy clause
Article VI of the Constitution, which makes the Constitution, national laws, and treaties supreme over state laws when the national government is acting within its constitutional limits.
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Totalitarian system
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
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Tyranny of the majority
The potential of a majority to monopolize power for its own gain to the detriment of minority rights and interests.
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Unitary system
a centralized government system in which lower levels of government have little power independent of national government
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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
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Women's rights
Antebellum reform led by Mott and Stanton leads to Seneca Falls Convention. Opposed the idea of the Cult of Domesticity (women should be housewives). Women now have the right to vote, own property, and work
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Agency representation
type of representation in which a representative is held accountable to a constituency
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Amicus Curiae briefs
"friend of the court"; individuals or groups who seek to assist the Supreme Court in reaching a decision by presenting additional briefs
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Appellate jurisdiction
Authority of court to review a decision of a lower court or administrative agency.
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Appropriations
the process, occurring after every decimal census, that allocates congressional seats among the 50 states
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Apportionment
the amount of money approved by Congress in statutes (bills) that each unit of agency of government can spend
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Authorization
A formal declaration by a legislative committee that a certain amount of funding may be available to an agency. Some authorizations terminate in a year; others are renewable automatically without further congressional action.
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Bicameral
A legislature consisting of two parts, or houses
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Cabinet
the secretaries, or chief administrators, of the major departments of the federal government; Cabinet secretaries are appointed by the President with the consensus of the Senate