govt 2305 exam 1 collin prof reed

Government

the governing body of a nation, state, or community.

monarchy

A government ruled by a king or queen

Aristrocracy

the highest class in certain societies, especially those holding hereditary titles or offices.

timocracy

a form of government in which possession of property is required in order to hold office.

Oligarchy

A government ruled by a few powerful people

Democracy

A political system in which the supreme power lies in a body of citizens who can elect people to represent them

Theocracy

A government controlled by religious leaders

Tyranny

A form of government in which the ruler is an absolute dictator (not restricted by a constitution or laws or opposition etc.)

Role of citizens in politics

"Government by the people" depends on lively citizen involvement in public discussion, debate, and activity designed to improve the welfare of one's community.

Social composition of American people over time

Population growth has caused the American public to change views on how they view representation. Political groups have been effected by changing wealth, education, marriage, and voting. As the United States has grown to be more diverse, some political groups became more fearful of immigration.

Does the US government uphold American political values?

For the most part, yes. Americans tend to agree that they all have an equal say in government, however, because different people have different ways they want the government to be run, the US government does not uphold everyones specific political values.

Americas views on government

Public trust in government has declined, and Americans are now more likely to feel that they can do little to influence the government's actions. Due to conflicting views there is no perfect balance between liberty, equality, and democracy.

What led to the Declaration of Independence?

The colonists felt unfairly taxed, watched over like children, and ignored in their attempts to address grievances. Religious issues rose to the surface, political ideals crystallized, and, as always, economics were the essence of many debates.

What led to the Articles of Confederation?

Having declared their independence, the colonies needed to establish a governmental structure. This was mainly intended to limit the power of central government.

Why did Americans want a new constitution?

The continuation of international weakness and domestic economic turmoil led many Americans to consider whether their newly adopted form of government might not already require revision. The Declaration of Independence and the Articles of Confederation were not sufficient to hold the new nation together as an independent and effective nation-state.

Major institutions established by the constitution

The Legislative Branch to make the laws. Congress is made up of two houses, the Senate and the House of Representatives. The Executive Branch to enforce the laws. The Judicial Branch to interpret the laws.

How did the constitution attempt to improve Americas governance?

It wanted to have a national government that is strong enough to promote commerce and protect property from radical state legislatures

Controversy of ratification

Three areas of disagreement were representation, majority tyranny, and governmental power. Federalists appealed to basic principles of government in support of their nationalist vision. Antifederalists cited equally fundamental precepts to support their vision of a looser confederacy of small republics.

How has the constitution changed over time through amendments?

The few amendments that have been adopted have generally come about because of a widely recognized problem or a sustained campaign for reform. Many recent amendments have been to expand equality.

What does the constitution say about National V. State power?

The original Constitution grants a few "expressed powers" to the national government and reserving the rest to the states. The expressed powers are the powers to collect taxes, coin money, declare war, and regulate commerce.

How did federal framework lead to a stronger national government?

By allowing state governments to do most of the fundamental governing, the Constitution saved the national government from many policy decisions that might have proved too divisive for a large and very young country.

Where did the evolution of civil liberties originate?

African American struggle for equal rights

How does the first amendment protect freedom of religion, speech, and press

"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"

Does the second amendment give people the right to own a gun?

It was originally intended to preserve a well regulated militia, but recently the courts have ruled in favor of the right to bear arms. In the case of District of Columbia v. Heller, the Court ruled that the Second Amendment provides a constitutional right to keep a loaded handgun at home for self-defense.

what rights to people have if they are accused of a crime?

the right to a fair trial; due process; the right to seek redress or a legal remedy; and rights of participation in civil society and politics such as freedom of association, the right to assemble, the right to petition, the right of self-defense, and the right to vote.

Do people have a right to privacy under the constitution?

Yes, the fourth amendment states "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause"

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

citizenship

informed and active membership in a political community

constitutional government

a system of rule in which formal and effective limits are placed on the powers of the government

direct democracy

a system of rule that permits citizens to vote directly on laws and policies

equality of opportunity

a widely shared American ideal that all people should have the freedom to use whatever talents and wealth they have to reach their fullest potential

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

liberty

Freedom from government control

Limited Government

A principle of constitutional government; a government whose powers are defined and limited by a constitution.

majority rule/minority rights

the democratic principle that a government follows the preferences of the majority of voters but protects the interests of the minority

political efficacy

the ability to influence government and politics

political equality

the right to participate in politics equally, based on the principle of "one person, one vote"

political knowledge

possessing information about the formal institutions of government, political actors, and political issues

politics

conflict over the leadership, structure, and policies of governments

popular sovereignty

a principle of democracy in which political authority rests ultimately in the hands of the people

power

Influence over a government's leadership, organization, or policies.

representative democracy (republic)

a system of government in which the populace selects representatives, who play a significant role in governmental decision making

amendment

A change to the Constitution

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

Articles of Confederation

America's first written constitution; served as the basis for America's national government until 1789

bicameral

having a legislative assembly composed of two chambers or houses; distinguished from unicameral

Bill of Rights

The first ten amendments to the Constitution

checks and balances

mechanisms through which each branch of government is able to participate in and influence the activities of the other branches

confederation

a system of government in which states retain sovereign authority except for the powers expressly delegated to the national government

elastic clause

Article I, Section 8, of the Constitution, which allows Congress to make all laws that are "necessary and proper" to carry out the powers of the Constitution.

electoral college

the electors from each state who meet after the popular election to cast ballots for president and vice president

expressed powers

specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II)

Federalism

a system of government in which power is divided and shared between national, state, and local government

Federalist Papers

a series of essays written by James Madison, Alexander Hamilton, and John Jay in support of the ratification of the Constitution by the states

Federalists

those who favor a stronger national government

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

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

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

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

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

block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent

categorical grants

congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law

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

concurrent powers

authority possessed by both state and national governments, such as the power to levy taxes

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"

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

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

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

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

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

home rule

power delegated by the state to a local unit of government to manage its own affairs

necessary and proper clause

provision from Article I, Section 8, of the Constitution providing Congress with the authority to make all laws necessary and proper to carry out its expressed powers

New Federalism

attempts by presidents Nixon and Reagan to return power to the states through block grants

police power

power reserved to the state government to regulate the health, safety, and morals of its citizens

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

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

unitary system

a centralized government system in which lower levels of government have little power independent of the national government

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

bill of attainder

a law that declares a person, without a trial, to be guilty of a crime

Civil Liberties

areas of personal freedom constitutionally protected from government interference

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

"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

double jeopardy

the Fifth Amendment right providing that a person cannot be tried twice for the same crime

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

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

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

ex post facto laws

laws that declare an action to be illegal after it has been committed

fighting words

speech that directly incites damaging conduct

free exercise clause

the First Amendment clause that protects a citizen's right to believe and practice whatever religion he or she chooses

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

habeas corpus

a court order demanding that an individual in custody be brought into court and shown the cause for detention

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"

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

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

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

"separate but equal" rule

doctrine that public accommodations could be segregated by race but still be considered equal

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"