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Limited Government

Government that is restricted in what it can do so that the rights of the people are protected

Natural Rights

Rights that all people are born with (life, liberty, property/pursuit of happiness); government cannot take them away

Popular Sovereignty

The theory that government is created by the people and depends on the people for the authority to rule

Republicanism

The idea that people elect representatives to make laws and govern on their behalf.

Social Contract

An agreement between people and their leaders in which the people agree to give up some liberties so that their own liberties are protected

Participatory

A model of democracy that emphasizes broad, direct participation of citizens in government decisions.

Pluralist

A model of democracy where many groups compete for power and influence government policy.

Elite

A model of democracy where a small number of wealthy and educated people hold most political power.

Federalists

Individuals who supported the new Constitution as presented by the Constitutional Convention in 1784

Anti-Federalist

individuals who opposed ratification of the Constitution because they were deeply suspicious of the powers it gave to the national government and of the impact those powers would have on states authority and individual freedoms

Articles of Confederation

America's first constitution (1781-1789); created a weak national government with most power in the states.

Shays rebellion

A 1786-87 farmers' revolt against state taxes and debt; showed the weakness of the Articles of Confederation and pushed for a stronger national government.

Great (Connecticut) Compromise

The Compromise between the Virginia Plan and the New Jersey Plan that created a bicameral legislature with one chambers representation based on population and the other chamber having two members for each state

Electoral College

The name given to the body of representatives elected by voters in each state to elect the president and the vice president

3/5 Compromise

Agreement at the Constitutional Convention that enslaved people would count as 3/5 of a person for representation and taxation.

Compromise on the Importation of Slaves

Agreement that Congress could not ban the importation of enslaved people until 1808.

Process of Constitutional Amendments

Formal changes require proposal (2/3 of Congress or 2/3 of states) and ratification (3/4 of states).

Separation of Powers

The Constitutions delegation of authority for the primary governing functions among three branches of government so that no one group of government officials controls all the governing functions

Checks and Balances

A system in which each branch of government can monitor and limit the functions of the other branches

Exclusive Powers

Powers given only to the federal government (e.g., coining money, declaring war).

Concurrent Powers

Basic governing functions that are exercised by the national and state governments independently, and at the same time, including the power to make policy, raise revenue, implement policies, and establish courts

Grants

Money given by the federal government to state/local governments for specific purposes.

Incentives

Benefits or rewards the federal government uses to influence state policy.

Aid Programs

Federal government programs that provide money/resources to states, local governments, or individuals.

Revenue Sharing

Federal funds distributed to state/local governments with broad spending discretion (popular in the 1970s, no longer used).

Mandates

Federal orders requiring states to take certain actions, sometimes without funding (unfunded mandates).

Categorical Grants

Federal money given to states for a specific, narrowly defined purpose (e.g., highway construction, school lunches).

Reserved Powers

Powers kept by the states (not given to the federal government); protected by the 10th Amendment.

10th Amendment

Says powers not given to the federal government are reserved to the states or the people.

4th Amendment

Protects against unreasonable searches and seizures; requires warrants and probable cause.

Commerce Clause

Article 1 clause that delegates to congress the power to regulate interstate and international commercial interactions

Necessary and Proper Clause

A clause in Article 1, Section 8, of the Constitution that gives Congress the power to do whatever it deems necessary and constitutional to meet its enumerated obligations; the basis for the implied powers

Block Grants

Federal money given to states for broad purposes with more state flexibility (e.g., education, health care).

Stakeholders

Individuals, groups, or organizations that have an interest in political decisions or public policies.

Public Policy

The actions, laws, and programs the government creates in response to issues affecting society.

Selective corporation

Process by which the Supreme Court applies parts of the Bill of Rights to the states through the 14th Amendment.

Miranda rule

Police must inform suspects of their rights before questioning (“You have the right to remain silent…”).

Metadata

Data about data; information collected by the government (like phone numbers called) that raises privacy concerns.

Due process

Fair treatment through the normal judicial system; government must follow proper legal procedures.

Right to privacy

Implied right allowing people to make personal decisions free from government interference (e.g., birth control, abortion).

Habeas corpus

Legal principle that a person cannot be held in jail without being charged with a crime.

Jim Crow laws

State and local laws enforcing racial segregation in the Southern U.S. after Reconstruction.

Strict scrutiny test

Highest level of judicial review; used when a law affects fundamental rights or involves suspect classifications like race.

Bill of rights

The first 10 amendments to the U.S. Constitution that protect individual freedoms (like speech, religion, and press).

Establishment clause

Part of the 1st Amendment; bans the government from creating or endorsing an official religion.

Free exercise clause

Part of the 1st Amendment; protects individuals’ rights to practice their religion freely.

Obscenity

Speech or materials that are offensive and not protected by the 1st Amendment.

Slander

Spoken false statements that damage someone’s reputation.

Regulations on freedom of speech

Limits on speech, such as threats or incitement to violence, that aren’t protected.

Prior restraint

Government censorship of information before it is published or broadcast.

2nd amendment

Protects the right to keep and bear arms.

4th amendment

Protects against unreasonable searches and seizures.

5th amendment

Protects against self-incrimination and double jeopardy; guarantees due process.

6th amendment

Guarantees the right to a fair, speedy, and public trial with a lawyer.

7th amendment

Guarantees a jury trial in civil cases.

8th amendment

Prohibits cruel and unusual punishment and excessive bail/fines.

Symbolic speech

Actions that express ideas (like flag burning) protected under free speech.

Clear and present danger

Doctrine used to decide when speech can be limited if it causes immediate harm or illegal action.

Discrimination

– Unfair treatment based on race, gender, age, or other characteristics.

Equal protection clause- 14th amendment

Requires states to treat all citizens equally under the law.

NOW (National Organization for Women)

Group that advocates for women’s rights and equality.

Pro-life

Belief opposing abortion, emphasizing protection of unborn life.

Pro-choice

Belief supporting a woman’s right to choose abortion.

Civil rights act of 1964

Outlawed discrimination based on race, color, religion, sex, or national origin.

Voting Rights Act of 1965

Banned literacy tests and other practices that prevented African Americans from voting.

Majority- minority districting

Drawing electoral districts to give minority groups a majority to increase their political influence.

Affirmative action

Policies to help groups who have been historically discriminated against gain equal opportunities.

De Jure Segregation

Racial separation enforced by law.

De facto segregation

Racial separation that happens naturally through housing patterns or social behavior, not by law.

Formal powers

those explicitly granted to the President by the U.S. Constitution. Think of these as the powers the framers directly wrote down for the President.

Informal powers

those not explicitly written in the Constitution but have developed over time through practice and interpretation, and are essential for the President to effectively carry out their duties.

Veto/ pocket vetoes

The President can reject bills passed by Congress. A regular veto sends the bill back to Congress, while a pocket veto occurs if Congress adjourns within 10 days of submitting a bill and the President doesn't sign it.

Commander-in-chief

The President is the supreme commander of the U.S. armed forces.

Take care clause

This constitutional clause (Article II, Section 3) mandates that the President "take Care that the Laws be faithfully executed."

Statutory powers

These are powers granted to the President by laws passed by Congress.

These are powers the President can exercise during times of crisis or national emergency, often derived from specific statutes or inherent executive authority.

Emergency powers

Line-item veto:

this was an attempt to grant the President the power to veto specific provisions of a bill without vetoing the entire bill, it was declared unconstitutional by the Supreme Court. So, it's a bit of a special case, but originally conceived as a formal power.

Directives issued by the President that manage operations of the federal government. They have the force of law but are not legislation passed by Congress.

Executive order

This refers to the President's unique ability to use the office's platform to command public attention and influence public opinion.

Bully pulpit

Executive agreement

An agreement between the U.S. President and the leaders of foreign nations that does not require Senate ratification (unlike a treaty)

Executive statements

An agreement between the U.S. President and the leaders of foreign nations that does not require Senate ratification (unlike a treaty)

Signing statements

These are statements issued by the President when signing a bill into law, often clarifying the President's interpretation of the law or how it will be enforced.

Inherent powers

Powers that are not explicitly listed in the Constitution but are implied as necessary for the President to fulfill their duties, often stemming from the broad grants of executive authority.

Emergency powers

These are powers the President can exercise during times of crisis or national emergency, often derived from specific statutes or inherent executive authority.

Executive privilege

The President's right to withhold information from Congress, the courts, or the public to protect sensitive national security or diplomatic discussions.

Original jurisdiction

power of a court to hear a case for the first time, as opposed to appellate jurisdiction.

Appellate jurisdiction

the power of a court to review decisions made by lower courts.

Judicial activism

judicial philosophy where judges are willing to disregard precedent and base their decisions on broader societal concerns and personal beliefs to achieve justice.

Judicial restraint

judicial philosophy where judges are expected to base their decisions on precedent and the original intent of the law, limiting their own power.

Checks on the Supreme Court

powers held by other branches of government that limit the Supreme Court's authority. Examples include presidential appointments of judges, the Senate's confirmation power, and Congress's ability to impeach and remove judges.

Stare decisis

legal principle that means "to stand by things decided." It requires courts to follow precedent when making decisions in similar cases.

District courts

general trial courts of the federal court system, where federal cases are initially heard.

Writ of certiorari

order from a higher court to a lower court to send up records for review. It's the primary way cases reach the Supreme Court.

Rule of four

Supreme Court custom where at least four of the nine justices must vote to hear a case for it to be granted a writ of certiorari.

Court of appeals

federal courts that review decisions of the district courts within their geographical jurisdiction. They do not conduct trials.

Precedent cases

previous court decisions that serve as a guide or authority for deciding subsequent cases with similar issues.

Dissenting opinion

opinion written by one or more judges who disagree with the majority opinion in a case.

Dual court system

refers to the system in the United States where there are separate state and federal court systems, each with its own jurisdiction.

Executive department

These are the major administrative units of the federal government, each headed by a secretary (except for the Department of Justice). They are responsible for implementing and enforcing laws within their specific policy areas (e.g., Department of Defense, Department of Education).

Executive agencies

These are government organizations that typically report to the President. They often handle specialized tasks or policy areas that don't require a full department (e.g., NASA, EPA).