APGOV - Complete Study Set (redesign)

Limited Government

The idea that certain restrictions should be placed on government to protect the natural rights of citizens.

Natural Rights

the idea that all humans are born with rights, which include the right to life, liberty, and property

Social Contract

An agreement between the people and their government signifying their consent to be governed

Popular Sovereignty

A belief that ultimate power resides in the people.

U.S. Constitution

"The supreme law of the land." Written in 1787 at Philadelphia Convention to replace Articles of Confederation and create stronger central government. Outlines structure & power of 3 branches of national government.

Representative Democracy

A system of government in which citizens elect representatives, or leaders, to make decisions about the laws for all the people.

Participatory Democracy

a system of democracy in which all members of a group or community participate collectively in making major decisions

Pluralist Democracy

a model of democracy that stresses vigorous competition among various interests in a free society

Elite Democracy

A political system in which the privileged classes acquire the power to decide by a competition for the people's votes and have substantial freedom between elections to rule as they see fit.

Federalists

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

Anti-Federalists

They opposed the Constitution's powerful centralized government, arguing that the Constitution gave too much political, economic, and military control.

Republic

A form of government in which citizens choose their leaders by voting

Factions

Political groups that agree on objectives and policies; the origins of political parties.

Shay's Rebellion

This conflict in Massachusetts caused many to criticize the Articles of Confederation and admit the weak central government was not working - Led by upset farmers.

Virginia Plan

"Large state" proposal for the new constitution, calling for proportional representation in both houses of a bicameral Congress. The plan favored larger states and thus prompted smaller states to come back with their own plan for apportioning representation.

New Jersey Plan

The proposal at the Constitutional Convention that called for equal representation of each state in Congress regardless of the state's population. This plan favored small states.

Connecticut Compromise

Compromise agreement by states at the Constitutional Convention for a bicameral legislature with a lower house in which representation would be based on population and an upper house in which each state would have two senators.

Three-Fifths Compromise

Compromise between northern and southern states at the Constitutional Convention that three-fifths of the slave population would be counted for determining direct taxation and representation in the House of Representatives.

Electoral College

A group of people named by each state legislature to select the president and vice president

Amendment process

Requires a proposal by 2/3 vote of both houses of congress OR a constitutional convention called by 2/3 out of 50 states. Ratification requires 3/4 of the 50 state legislatures OR 3/4 of special constitutional conventions called by 50 states

Article I

Establishes the Legislative Branch

Article II

Establishes the Executive Branch

Article III

Establishes the Judicial Branch

Ratification

Formal approval of a constitution, constitutional amendment, or treaty

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

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

Federalism

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

Dual Federalism

A system of government in which both the states and the national government remain supreme within their own spheres, each responsible for some policies. Often represented as a layer cake.

Cooperative Federalism

System in which both federal government and state governments cooperate in solving problems. Often represented as a marble cake.

Fiscal federalism

The pattern of spending, taxing, and providing grants in the federal system; it is the cornerstone of the national government's relations with state and local governments.

Mandates (funded and unfunded)

Terms set by the national government that states must meet whether or not the Federal government supplies funding.

Categorical grants

Federal grants that can be used only for specific purposes, or "categories," of state and local spending. They come with strings attached, such as nondiscrimination provisions.

Block grants

Federal grants given more or less automatically to states or communities to support broad programs in areas such as community development and social services

Enumerated powers

The powers explicitly given to Congress in the Constitution.

McCulloch v. Maryland (1819)

SCOTUS ruling based on Supremacy Clause; no state can tax institutions created by Congress - MD attempted to tax the Bank of the US

Elastic Clause (Necessary and Proper 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.

Full Faith and Credit Clause

Constitution's requirement that each state accept the public acts, records, and judicial proceedings of every other state

John Locke

17th century English philosopher who asserted that people have a natural right to life, liberty, and property.

James Madison

"Father of the Constitution," Federalist leader, and fourth President of the United States.

conservative

A person who believes government power, particularly in the economy should be limited, but generally supports "traditional" social values

liberal

A person who believes government power, particularly in the social/political realm should be limited but generally supports economic intervention

libertarian

Person who believes the government should be as small and interfere with people's life as little as possible in both the economic and social realms

Democratic Party

Liberal political party in the United States

Republican Party

Conservative political party in the United States

Public Policy

A choice that government makes in response to a political issue. A policy is a course of action taken with regard to some problem.

Policy agenda

Issues that a particular politician supports and attempts to implement.

Unitary system

A government that gives all key powers to the national or central government

Federal system

A government that divides the powers of government between the national government and state or provincial governments

Confederal system

A system consisting of a league of independent states, each having essentially sovereign powers. The central government created by such a league has only limited powers over the states.

Expressed Powers

Powers that are specifically listed in the Constitution as belonging to the national government. These are found in Articles I-III of the Constitution.

Implied Powers

Powers which are not directly stated in the Constitution, but are inferred from other language, or directly through the necessary and proper clause of the Constitution. An example would be the power to institute the draft in order to raise a military.

Reserved Powers

Power that is not mentioned in the Constitution is understood to belong to the states. It is mentioned in the 10th Amendment to the Constitution specifically using this term.

Denied Powers

Some powers are specifically forbidden to the government in the Constitution. For example, the power to grant titles of nobility.

Concurrent Powers

Powers that are held by more than one level of government. For example, the power to tax.

Police Powers

Powers of the states to protect the public health, safety, morals, and welfare of the public

Federalist 10

An essay composed by James Madison which argues that liberty is safest in a large republic because many interests (factions) exist. Such diversity makes tyranny by the majority more difficult since ruling coalitions will always be unstable.

Federalist 51

Essay that argues that separation of powers within the national government is the best way to prevent the concentration of power in the hands of one person or a single group.

Federalist 70

Essay by Alexander Hamilton supporting the idea of the presidency as a branch united in one individual so that the presidency can execute the law quickly. The president's energy is essential to good governance, and too many executives would be weak.

Federalist 78

Essay by Alexander Hamilton; talks about the federal judiciary and how it depends on other two branches to uphold its decisions. It has neither the power of the purse nor the sword.

Brutus I

Essay written to discourage ratification of the Constitution. Major complaints include: 1.) too much power to national government 2.) danger of the standing army 3.) presidency is too powerful 4.) lack of Bill of Rights 5.) national government rules over too large a nation

Article V

Portion of the Constitution that outlines the process for Amendments

Amendment I

Freedom of religion, expression, association, and petition

Amendment 2

Right to bear arms

Amendment 3

Ban against quartering of troops during peacetime

Amendment 4

Ban against unreasonable searches and seizures

Amendment 5

Grand jury guarantee, double jeopardy, ban on being compelled to witness against self, due process, eminent domain

Amendment 6

Right to a speedy and public trial, and the right to an attorney

Amendment 8

No excessive bail or cruel and unusual punishment

Amendment 9

Rights retained to the people that are yet to be enumerated or written down. The basis of a "Right to Privacy"

Amendment 10

Any rights not given to federal government are given to the states and people.

Amendment 12

Changes Electoral College so that president and vice president ballots are separate. Problem happened in election of 1800.

Amendment 13

Abolition of slavery

Amendment 14

All citizens get due process, privileges and immunities, and equal protection of the law. Created the basis for "Selective Incorporation" of the Bill of Rights to apply to the states.

Amendment 15

No limitation to vote based on race or condition of servitude.

Amendment 16

Allowed to lay direct tax (income tax)

Amendment 17

Senate is directly elected

Amendment 19

Granted Women's suffrage

Amendment 22

Presidential term limits

Amendment 24

Poll tax and other taxes in order to vote are illegal

Amendment 25

Presidential disability, vice presidential appointment

Amendment 26

Voting Age Set to 18 Years - Passed after Vietnam War

Amendment 27

Changes to congressional income take effect in the following congressional term.

United States v. Lopez (1995)

The national government's power under the commerce clause does not permit it to regulate matters not directly related to interstate commerce (in this case, banning firearms in a school zone)

Engel v. Vitale (1962)

Prohibited state-sponsored recitation of prayer in public schools by virtue of 1st Amendment's establishment clause and the 14th Amendment's due process clause.

Wisconsin v. Yoder (1972)

Compelling Amish students to attend school past the eighth grade violates the free exercise clause of the 1st Amendment

Tinker v. Des Moines (1969)

Public school students retain 1st Amendment Free Speech (and Expressive Conduct) rights if their actions don't substantially interfere with discipline within the school.

New York Times v. US (1971)

1st Amendment - Free Press case. Ruled that in order to exercise restraint, the Government must show sufficient evidence that the publication would cause a "grave and irreparable" danger. Establishes a "heavy presumption against prior restraint" even in cases involving national security (Pentagon Papers)

Schenck v. United States (1919)

A legal case in which it was ruled that government can limit free speech if the speech provokes a "clear and present danger" of substantive evils.

Gideon v. Wainwright (1963)

Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay. Example of "Selective Incorporation" of the 6th Amendment.

Roe v. Wade (1973)

Certain state criminal abortion laws violate the Due Process clause of the 14th Amendment, which protects against state action the (implied) right to privacy in the Bill of Rights (9th amendment). Abortion cannot be banned in the 1st trimester (1st 3 months), states can regulate the 2nd trimester, 3rd trimester - abortion is illegal except to save the life of the mother

McDonald v. Chicago (2010)

The Second Amendment that allows the people to keep and bear arms applies to state and local governments as well as the federal government. "Selective Incorporation" of the 2nd Amendment.

Brown v. Board of Education (1954)

Overrules Plessy v. Ferguson (no stare decisis). Racial segregation violates 14th Amendment Equal Protection Clause ("separate is inherently unequal")

Citizens United v. Federal Election Commission (2010)

Political spending by corporations, associations and labor unions is a form of protected speech under the First Amendment; led to formation of Super PACs.

Shaw v. Reno (1993)

States have limits when engaging in racial gerrymandering. Race cannot be the sole or predominant factor in redrawing legislative boundaries.

Marbury v. Madison (1803)

Established the principle of judicial review empowering the Supreme Court to nullify an act of the legislative or executive branch that violates the Constitution.

Declaration of Independence

Initiated formal separation from Britain. Asserts popular sovereignty and consent of the governed as ruling principles. All men are created equal; endowed with natural rights and when government fails to protect those rights, man should abolish the government.

Articles of Confederation

Document signed among the 13 colonies to establish the USA as a confederation of sovereign states. It provided the ability to conduct diplomacy with Europe, and deal with territorial issues and Native American relations. Suffered from weaknesses including:no executive, no judicial, no power to tax, no power to regulate trade)

Letter from Birmingham Jail

A letter written by Martin Luther King Jr. after he had been arrested when he took part in a nonviolent march against segregation. He was disappointed more Christians didn't speak out against racism.

Apportionment

the process by which House seats are distributed to the states after each Census is taken

Appropriation

authorizing money to be spent from the U.S. treasury through a bill specifically setting aside money for that purpose