US Government: Midterm Exam 2023 Key Terms

government

the institutions and political systems by which a country or community is administered and regulated

Constitution

a plan that establishes the structure and powers of a government

Preamble of the US Constitution

Introduction to the US Constitution: We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Limited Government

government limited by the provisions of a constitution; a limited government is characterized by restraints on power

common good

doing what is best for the society as a whole

classical republicanism

The ideals and practices of ancient Greek or Roman city-states that emphasized civic participation and the responsibility of citizens for the well-being of their polity, or country. Acts by citizens that placed the public good, or common welfare, above private interest were especially prized.

small, uniform communities

small, homogenous communities are a key part of classical republicanism; smaller communities were better at addressing the needs of the community

civic virtue

Key element of Classical republicanism; The dedication of citizens to the common welfare of their community or country, even at the cost of their individual interests

moral education

the role of schools in teaching children the central values and beliefs of their society; key element of classical republicanism

divine right of kings

the idea that monarchs derive their authority from god

Natural Rights Philosophy

philosophy that all people are born with rights such as life, liberty and the pursuit of happiness or property that cannot be given or taken away by governments without due process of law

State of Nature

any situation in which there is no government - that is no recognized authority to make and enforce rules and manage conflicts.

Inalienable Rights

rights that cannot be taken away; life, liberty, and estate (property)

Social Contract

An agreement between the people and their government signifying their consent to be governed; People give up powers in exchange for the government using those powers to protect peoples' rights

Popular Sovereignty

a belief that ultimate power resides in the people

Consent of the Governed

the idea that government derives its authority by sanction of the people

Right of Revolution (John Locke)

The Right of the people to overthrow a government that acts against their common interests.

Judeo-Christian tradition

Ideas, beliefs, and practices that have their historical roots in Judaism and Christianity; influenced the Founders of US government

public morality

the virtues that are important for acting in the community - ideas emphasized by Ancient Greek and Roman classical republicanism

private morality

Virtues of inner faith and obedience to God's law. Ideas emphasized by Judeo-Christian traditions that influenced the founders

feudalism

a system of social, economic, and political organization in Europe in which a politically weak monarch shared power with the nobility. The nobility required work and services from the common people, known as serfs, in return for allowing them to live on and make use of the noble's land and benefit from the noble's protection. Influenced US Founders' ideas of individual rights and social relationships

nation-state

received its name from the idea of a people, or a "nation" organizing itself politically for self-rule; developed during the Renaissance in Europe

Capitalism

economic system in which the means of production are privately owned and operated for profit; allowed more people to choose their own occupations, start businesses, and pay more attention to private interests instead of the common good

The Enlightenment

American Founders belonged to the Age of Enlightenment - believed that reason and observation would enable them to understand the workings of governmental and social institutions

Unwritten Constitution

a constitution not embodied in a single document but based chiefly on custom and precedent as expressed in statutes and judicial decisions; can contain hundreds or thousands of documents. Example: British Constitution

Written Constitution

A written plan of government that sets forth the structures and powers of government. Ex: US Cosntitution

Common Law

a system of law based on precedent and customs that would be common to all parts of kingdom. Developed in England in 11 century - foundation for British constitutionalism that inspired US Founders

Precedent

rules to guide future cases

Stare Decisis

Let the decision stand; decisions are based on precedents from previous cases

Rights of Englishmen

Certain basic rights that all subjects of the English monarch were believed to have; Included: right to trial by jury, security in one's home from unlawful entry; limits on government's power to tax

Magna Carta (1215)

"the Great Charter"'; the first ever attempt to limit the power of the British King, guaranteed all people certain rights

Rule of Law

principle that the law applies to everyone, even those who govern; Magna Carta is an early version of the rule of law

Redress of Grievances

The correction of complaints. The First Amendment protects the right of the people to petition government to obtain remedies for claimed wrongs; protected in English Magna Carta, English Bill of Rights, US Declaration of Independence, and US Constitution

English Bill of Rights (1689)

Established freedom from taxation without representation, outlawed cruel and unusual punishment, guaranteed the right to bear arms and many other rights.Many of these same rights are included in the U.S. Constitution.

Writ of Habeas Corpus

a court order to a government official commanding that official to do something; the government must tell someone why they are being held in the custody of the government

Republican Form of Government

System of government in which power is held by the voters and is exercised by elected representatives responsible for promoting the common welfare.

Declaration of Independence (1776)

The fundamental document establishing the US as an independent nation, adopted on July 4, 1776. It declared the 13 colonies independent from Britain, offered reasons for the separation laid out the principles for which the Revolution was fought

Early State Constitutions

Distributed power evenly through the three branches of government with a checks and balances system. Were created by a convention of delegates and were approved by the voting of citizens.

Citizen

A person with certain rights and responsibilities in his or her country or community

Articles of Confederation

the first constitution of the United States, created to form a perpetual union and a firm league of friendship among the thirteen original states.

Confederation

A form of political organization in which the sovereign states combine for certain specified purposes, such as mutual defense. Member states can leave a confederation at any time. The United States was a confederation from 1776 to 1789.

Shay's Rebellion

An armed revolt by Massachusetts farmers seeking relief from debt and mortgage foreclosures. The rebellion fueled support for amending the Articles of Confederation.

Northwest Ordinacne

Enacted in 1787, it is considered one of the most significant achievements of the Articles of Confederation. It established a system for setting up governments in the western territories so they could eventually join the Union on an equal footing with the original 13 states; prohibited slavery in these territories; required public education in the region; created a procedure for admitting new states

The Virginia Plan

The Virginia Plan presented at the Philadelphia Convention provided for a strong national government composed of three branches. It proposed a Congress of two houses, both of which would be based on proportional representation. The Virginia Plan favored a strong national government.

New Jersey Plan

The New Jersey Plan called for a one-house national legislature with each state having equal representation. The New Jersey Plan followed the framework of the Articles of Confederation and favored a weak national government.

Connecticut (Great) Compromise

The Great Compromise was a plan accepted at the Philadelphia Convention in 1787 that called for a Congress of two houses: in the upper house, or Senate, representation of the states would be equal, with each state having two senators; in the lower house, or House of Representatives, representation would be apportioned according to the population of each state, so that states with more people would have more representatives. Also called the Connecticut Compromise.

Three-Fifths Compromise

The Three-Fifths Compromise was a clause in the U.S. Constitution that provided that each slave should be counted as three-fifths of a person in determining the number of representatives a state might send to the House of Representatives. It also determined the amount of direct taxes Congress might levy on a state. Found in Article I, Section 2, Clause 3 of the Constitution, it was later eliminated by the Fourteenth Amendment.

Constitutional Convention of 1787

Also called the Philadelphia Convention, this was the meeting held in Philadelphia from May to September 1787 at which the U.S. Constitution was written.

Equal Representation

Equal representation is the idea that each state should have the same number of representatives in Congress. The number of representatives in the U.S. Senate is based on equal representation.

Unicameral Legislature

A legislature that consists of only one legislative chamber or house.

Bicameral Legislature

A governing body that consists of two legislative chambers or houses.

Proportional representation

states with larger populations would have more representatives in the legislature than would states with smaller populations.

Federal System

Proposed by the Virginia Plan, a federal system would see the creation of two levels of government in the US (national and states) each with a certain level of authority

Article I Of US Constitution

describes the legislative branch (Congress), its duties and powers, and qualifications for its members

Article II of the US Constitution

*Creates executive branch, headed by a president

*President is single most powerful member of U.S. government

*Article II of U.S. Constitution defines the powers and duties of the president

Article III of the US Constitution

*Creates Supreme Court, but not federal court system

*Article III gives Congress power to create federal courts below Supreme Court

Article IV of the US Constitution

Discusses the relationship between state and federal government

Article V of the US Constitution

The process for amending the Constitution after ratification.

Article VI of the US Constitution

made the U.S. Constitution, laws made pursuant to it, and treaties made under the authority of the U.S. the supreme law of the land

Article VII of the US Constitution

Describes the ratification process, stipulating that approval by conventions in nine states would be necessary for the Constitution to take effect.

Bill of Rights to the US Constitution

The first ten amendments to the US Constitution are called the Bill of Rights. These are the individual rights that all Americans possess and which cannot be taken away by the federal government

Slave Trade Clause of the Constitution

Congress may not prohibit the slave trade until 1808.

Separation of Powers

the division of power among the legislative, executive, and judicial branches of government

Checks and Balances

A system that allows each branch of government to limit the powers of the other branches in order to prevent abuse of power

Enumerated Powers of Congress

congressional powers specifically named in the Constitution (Article I, Section 8)

Necessary and Proper Clause

Clause of the Constitution (Article I, Section 8, Clause 18) setting forth the implied powers of Congress. It states that Congress, in addition to its express powers, has the right to make all laws necessary and proper to carry out all powers the Constitution vests in the national government

Legislative Branch

the branch of government that makes the laws

Executive Branch

the branch of government that carries out laws

Judicial Branch

Branch of government that decides if laws are carried out fairly.

Ratification of the Constitution

required 9 out of 13 states to ratify (approve) it to become law.

Electoral College

the body of electors who formally elect the United States president and vice-president

Veto

a constitutional right to reject a decision or proposal made by a law-making body.

Impeachment

An action by the House of Representatives to accuse the president, vice president, or other civil officers of the United States of committing "Treason, Bribery, or other high Crimes and Misdemeanors."

Federalism

A system in which power is divided between the national and state governments

Ex Post Facto Law

a law that would allow a person to be punished for an action that was not against the law when it was committed

treason

the crime of betraying one's country,

Fugitive Slave Clause

Article IV, Section 2, Clause 3 of the Constitution, which stated that slaves who escaped must be returned to their owners. It was later abolished in the Thirteenth Amendment

Federalists

A term used to describe supporters of the Constitution during ratification debates in state legislatures.

Anti-Federalists

Opponents of the American Constitution at the time when the states were contemplating its adoption.

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.

Jurisdiction

The authority of a court to hear a case

Original Jurisdiction

the authority to hear cases for the first time

Appellate Jurisdiction

The authority of a court to review decisions made by lower courts

Marbury v. Madison (1803)

This case establishes the Supreme Court's power of Judicial Review

Judicial Review

The power of the courts to declare laws unconstitutional

Judicial Independence

ability of judges to reach decisions without fear of political retribution

US Federal Court Structure

1. US District Courts - Primary courts for criminal cases

2. Circuit for Appeals Court

3.US Supreme Court

Kentucky Court Structure

1. Kentucky District and Circuit Courts

2. Court of Appeals

3. KY Supreme Court

Judicial Elections in Kentucky

Potential judges run for election every 4-8 years; non-partisan elections

US Supreme Court

the highest court of the United States; it sits at the top of the federal court system

Process to Become a Supreme Court Justice

appointed by the president and approved by the senate

Senate Judiciary Committee

Holds confirmation hearings for the nominations for federal judges by the president.

Majority Opinion

a court opinion reflecting the views of the majority of the judges

Dissenting Opinion

An opinion disagreeing with a majority in a Supreme Court ruling.

Concurring Opinion

a statement written by a justice who votes with the majority, but for different reasons

Writ of Certiorari

A formal writ used to bring a case before the Supreme Court.