American Government EXAM 1 (FULL STUDY GUIDE)

Common goods

goods that all people may use but that are of limited supply

democracy

a form of government where political power rests in the hands of the people

direct democracy

a form of government where people participate directly in making government decisions instead of choosing representatives to do this for them

elite theory

claims political power rests in the hands of a small, elite group of people

Government

the means by which a society organizes itself and allocates authority in order to accomplish collective goals

Ideology

the beliefs and ideals that help to shape political opinion and eventually policy

intense preferences

beliefs and preferences based on strong feelings regarding an issue that someone adheres to over time

latent preferences

beliefs and preferences people are not deeply committed to and that change over time

majority rule

a fundamental principle of democracy; the majority should have the power to make decisions binding upon the whole

minority rights

protections for those who are not part of the majority

monarchy

a form of government where one ruler, usually a hereditary one, holds political power

oligarchy

a form of government where a handful of elite society members hold political power

partisanship

strong support, or even blind allegiance, for a particular political party

pluralist theory

claims political power rests in the hands of groups of people

political power

influence over a government’s institutions, leadership, or policies

politics

the process by which we decide how resources will be allocated and which policies government will pursue

private goods

goods provided by private businesses that can be used only by those who pay for them

public goods

goods provided by government that anyone can use and that are available to all without charge

representative democracy

a form of government where voters elect representatives to make decisions and pass laws on behalf of all the people instead of allowing people to vote directly on laws

social capital

connections with others and the willingness to interact and aid them

toll good

a good that is available to many people but is used only by those who can pay the price to do so

totalitarianism

a form of government where government is all-powerful and citizens have no rights

Bill of Attainder

a legislative action declaring someone guilty without a trial; prohibited under the Constitution

Block grant

a type of grant that comes with less stringent federal administrative conditions and provide recipients more latitude over how to spend grant funds

Categorical Grant

a federal transfer formulated to limit recipients’ discretion in the use of funds and subject them to strict administrative criteria

Concurrent powers

shared state and federal powers that range from taxing, borrowing, and making and enforcing laws to establishing court systems

cooperative federalism

a style of federalism in which both levels of government coordinate their actions to solve national problems, leading to the blending of layers as in a marble cake

creeping categorization

a process in which the national government attaches new administrative requirements to block grants or supplants them with new categorical grants

devolution

a process in which powers from the central government in a unitary system are delegated to subnational units

Dual federalism

a style of federalism in which the states and national government exercise exclusive authority in distinctly delineated spheres of jurisdiction, creating a layer-cake view of federalism

elastic clause

the last clause of Article I, Section 8, which enables the national government “to make all Laws which shall be necessary and proper for carrying” out all its constitutional responsibilities

ex post facto law

a law that criminalizes an act retroactively; prohibited under the Constitution

federalism

an institutional arrangement that creates two relatively autonomous levels of government, each possessing the capacity to act directly on the people with authority granted by the national constitution

full faith and credit clause

found in Article IV, Section 1, of the Constitution, this clause requires states to accept court decisions, public acts, and contracts of other states

general revenue sharing

a type of federal grant that places minimal restrictions on how state and local governments spend the money

immigration federalism

the gradual movement of states into the immigration policy domain traditionally handled by the federal government

new federalism

a style of federalism premised on the idea that the decentralization of policies enhances administrative efficiency, reduces overall public spending, and improves outcomes

nullification

a doctrine promoted by John Calhoun of South Carolina in the 1830s, asserting that of a state deems a federal law unconstitutional, it can nullify it within its borders.

privileges and immunities clause

found in Article IV, Section 2, of the Constitution, this clause prohibits states from discriminating against out-of-staters by denying such guarantees as access to courts, legal protection, and property and travel rights; also referred to as the comity provision

race-to-the-bottom

a dynamic in which states compete to attract business by lowering taxes and regulations, often to workers’ detriment

unfunded mandates

federal laws and regulations that impose obligations on state and local governments without fully compensating them for the costs of implementation

unitary system

a centralized system of government in which the subnational government is dependent on the central government, where substantial authority is concentrated

venue shopping

a strategy in which interest groups select the level and branch of government they calculate will be most receptive to their policy goals

writ of habeas corpus

a petition that enables someone in custody to petition a judge to determine whether that person’s detention is legal

Blue Law

a law originally created to uphold a religious or moral standard, such as a prohibition against selling alcohol on Sundays

Civil Liberties

limitations on the power of government, designed to ensure personal freedoms

Civil rights

guarantees of equal treatment by government authorities

common-law right

a right of the people rooted in legal tradition and past court rulings, rather than the Constitution

conscientious objector

a person who claims the right to refuse to perform military service on the grounds of freedom of thought, conscience, or religion

double jeopardy

a prosecution pursued twice at the same level of government for the same criminal action

Due Process Clause

provisions of the Fifth and Fourteenth Amendments that limit government power to deny people “life, liberty, or property” on an unfair basis

economic liberty

the right of individuals to obtain, use, and trade things of value for their own benefit

eminent domain

the power of government to take or use property for a public purpose after compensating its owner; also known as the takings clause of the Fifth Amendment

Establishment Clause

the provision of the First Amendment that prohibits the government from endorsing a state-sponsored religion; interpreted as preventing government from favoring some religious beliefs over others or religion over non-religion

exclusionary rule

a requirement, from Supreme Court case Mapp v. Ohio, that evidence obtained as a result of an illegal search or seizure cannot be used to try someone for a crime

free exercise clause

the provision of the First Amendment that prohibits the government from regulating religious beliefs and practices

Miranda Warning

a statement by law enforcement officers informing a person arrested, or subject to interrogation, of that person's rights

Obscenity

acts or statements that are extremely offensive by contemporary standards

Patriot Act

a law passed by Congress in the wake of the 9/11 attacks that broadened federal powers to monitor electronic communications; the full name is the USA PATRIOT Act (Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act)

Plea Bargain

an agreement between the defendant and the prosecutor in which the defendant pleads guilty to the charge(s) in question or perhaps to less serious charges, in exchange for more lenient punishment than if convicted after a full trial

Prior Restraint

a government action that stops someone from doing something before they are able to do it (e.g., forbidding people to publish a book they plan to release)

Probable Cause

legal standard for determining whether a search or seizure is constitutional or a crime has been committed; a lower threshold than the standard of proof needed at a criminal trial

Right to privacy

the right to be free of government intrusion

search warrant

a legal document, signed by a judge, allowing police to search and/or seize persons or property

selective incorporation

the gradual process of making some guarantees of the Bill of Rights (so far) apply to state governments and the national government

self-incrimination

an action or statement that admits guilt or responsibility for a crime

Sherbert Test

a standard for deciding whether a law violates the free exercise clause; a law will be struck down unless there is a “compelling governmental interest” at stake and it accomplishes its goal by the “least restrictive means” possible

Symbolic speech

a form of expression that does not use writing or speech but nonetheless communicates an idea (e.g., wearing an article of clothing to show solidarity with a group)

Undue Burden test

a means of deciding whether a law that makes it harder for women to seek abortions is constitutional

Anti-Federalists

those who did not support ratification of the Constitution

Articles of Confederation

the first basis for the new nation’s government; adopted in 1781; created an alliance of sovereign states held together by a weak central government

bicameral legislature

a legislature with two houses, such as the U.S. Congress

Bill of Rights

the first ten amendments to the U.S. Constitution; most were designed to protect fundamental rights and liberties

Checks and balances

a system that allows one branch of government to limit the exercise of power by another branch; requires the different parts of government to work together

confederation

a highly decentralized form of government; sovereign states form a union for purposes such as mutual defense

Declaration of Independence

a document written in 1776 in which the American colonists proclaimed their independence from Great Britain and listed their grievances against the British king

enumerated powers

the powers given explicitly to the federal government by the Constitution (Article I, Section 8); power to regulate interstate and foreign commerce, raise and support armies, declare war, coin money, and conduct foreign affairs

Federal System

a form of government in which power is divided between state governments and a national government

Federalists

those who supported ratification of the Constitution

Great Compromise

a compromise between the Virginia Plan and the New Jersey Plan that created a two-house Congress; representation based on population in the House of Representatives and equal representation of states in the Senate

Natural Rights

the right to life, liberty, and property; believed to be given by God; no government may take away

New Jersey Plan

a plan that called for a one-house national legislature; each state would receive one vote

republic

a form of government in which political power rests in the hands of the people, not a monarch, and is exercised by elected representatives

reserved powers

any powers not prohibited by the Constitution or delegated to the national government; powers reserved to the states and denied to the federal government

separation of powers

the sharing of powers among three separate branches of government

social contract

an agreement between people and government in which citizens consent to be governed so long as the government protects their natural rights

Supremacy Clause

the statement in Article VI of the Constitution that federal law is superior to laws passed by state legislatures

The Federalist Papers

a collection of eighty-five essays written by Alexander Hamilton, James Madison, and John Jay in support of ratification of the Constitution

Three-Fifths Compromise

a compromise between northern and southern states that called for counting of all a state’s free population and 60 percent of its enslaved population for both federal taxation and representation in Congress

unicameral legislature

a legislature with only one house, like the Confederation Congress or the legislature proposed by the New Jersey Plan

veto

the power of the president to reject a law proposed by Congress

Virginia Plan

a plan for a two-house legislature; representatives would be elected to the lower house based on each state’s population; representatives for the upper house would be chosen by the lower house

Public Policy

the work of government (creating the criminal code; setting educational standards).

The Commerce Clause

a provision in the U.S. Constitution (Article I, Section 8, Clause 3) that explicitly grants the federal congress the power to regulate trade and economic activity.

Shay’s Rebellion

In the summer of 1786, farmers in western Massachusetts were heavily in debt, facing imprisonment and loss of their lands. They owed taxes that had gone unpaid while they were away fighting the British during the revolution. The Continental Congress had promised to pay them for their service, but the national government did not have sufficient money. Moreover, the farmers were unable to meet the onerous new tax burden Massachusetts imposed in order to pay its own debts from the revolution.

Led by Daniel Shays, the heavily indebted farmers marched to a local courthouse demanding relief. Faced with the refusal of many Massachusetts militiamen to arrest the rebels, with whom they sympathized, Governor James Bowdoin called upon the national government for aid, but none was available. The uprising was finally brought to an end the following year by a privately funded militia after the protestors unsuccessful attempt to raid the Springfield Armory.

Block Grants

a type of grant that comes with less stringent federal administrative conditions and provides recipients more latitude over how to spend grant funds.

Popular Sovereignty

the political principle that the ultimate power and legitimacy of a government comes entirely from the consent of its citizens. Under this principle, the government is not the master of the people, but rather a servant created by the people, for the people.

Capitalism

an economic system based on the private ownership of the means of production and their operation for profit. In a capitalist system, decisions about what to produce, how much to produce, and how much items are determined by market competition rather than by a government.

10th Amendment

Powers not delegated to the federal government are the powers of the states.

Libel

printed information about a person or organization that is not true and harms the reputation of the person or organization.