American Government Midterm Study Guide - Key Vocabulary

Vocabulary practice flashcards covering key terms and concepts for American Government chapters on civic engagement, the Constitution, Congress, the presidency, and the judiciary.

elite theory

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

pluralist theory

claims political power rests in the hands of groups of people

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

bill of attainder

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

writ of habeas corpus

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

apportionment

the process by which seats in the House of Representatives are distributed among the fifty states

bicameralism

the political process that results from dividing a legislature into two separate assemblies

bill

proposed legislation under consideration by a legislature

cloture

a parliamentary process to end a debate in the Senate, as a measure against the filibuster; invoked when three-fifths of senators vote for the motion

conference committee

a special type of joint committee that reconciles different bills passed in the House and Senate so a single bill results

constituency

the body of voters, or constituents, represented by a particular politician

filibuster

a parliamentary maneuver used in the Senate to extend debate on a piece of legislation as long as possible, typically with the intended purpose of obstructing or killing it

implied powers

the powers not specifically detailed in the U.S. Constitution but inferred as necessary to achieve the objectives of the national government

inherent powers

the powers neither enumerated nor implied but assumed to exist as a direct result of the country’s existence

joint committee

a legislative committee consisting of members from both chambers that investigates certain topics but lacks bill referral authority

majority leader

the leader of the majority party in either the House or Senate; in the House, the majority leader serves under the Speaker of the House, in the Senate, the majority leader is the functional leader and chief spokesperson for the majority party

markup

the amending and voting process in a congressional committee

minority leader

the party member who directs the activities of the minority party on the floor of either the House or the Senate

president pro tempore

the senator who acts in the absence of the actual president of the Senate, who is also the vice president of the United States; the president pro tempore is usually the most senior senator of the majority party

select committee

a small legislative committee created to fulfill a specific purpose and then disbanded; also called an ad hoc, or special, committee

Speaker of the House

the presiding officer of the House of Representatives and the leader of the majority party; the Speaker is second in the presidential line of succession, after the vice president

standing committee

a permanent legislative committee that meets regularly

whip

in the House and in the Senate, a high leadership position whose primary duty is to enforce voting discipline in the chambers and conferences

cabinet

a group of advisors to the president, consisting of the most senior appointed officers of the executive branch who head the fifteen executive departments

executive agreement

an international agreement between the president and another country made by the executive branch and without formal consent by the Senate

Executive Office of the President

the administrative organization that reports directly to the president and made up of important offices, units, and staff of the current president and headed by the White House chief of staff

executive order

a rule or order issued by the president without the cooperation of Congress and having the force of law

executive privilege

the president’s right to withhold information from Congress, the judiciary, or the public

going public

a term for when the president delivers a major television address in the hope that public pressure will result in legislators supporting the president on a major piece of legislation

impeachment

the act of charging a government official with serious wrongdoing, which in some cases may lead to the removal of that official from office

line-item veto

a power created through law in 1996 and overturned by the Supreme Court in 1998 that allowed the president to veto specific aspects of bills passed by Congress while signing into law what remained

Office of Management and Budget

an office within the Executive Office of the President charged with producing the president’s budget, overseeing its implementation, and overseeing the executive bureaucracy

rally around the flag effect

a spike in presidential popularity during international crises

signing statement

a statement a president issues with the intent to influence the way a specific bill the president signs should be enforced

amicus curiae

literally a “friend of the court” and used for a brief filed by someone who is interested in but not party to a case

appellate court

a court that reviews cases already decided by a lower or trial court and that may change the lower court’s decision

appellate jurisdiction

the power of a court to hear a case on appeal from a lower court and possibly change the lower court’s decision

associate justice

a member of the Supreme Court who is not the chief justice

brief

a written legal argument presented to a court by one of the parties in a case

chief justice

the highest-ranking justice on the Supreme Court

circuit courts

the appeals (appellate) courts of the federal court system that review decisions of the lower (district) courts; also called courts of appeals

civil law

a non-criminal law defining private rights and remedies

concurring opinion

an opinion written by a justice who agrees with the Court’s majority opinion but has different reasons for doing so

conference

closed meeting of the justices to discuss cases on the docket and take an initial vote

courts of appeals

the appellate courts of the federal court system that review decisions of the lower (district) courts; also called circuit courts

criminal law

a law that prohibits actions that could harm or endanger others, and establishes punishment for those actions

dissenting opinion

an opinion written by a justice who disagrees with the majority opinion of the Court

district courts

the trial courts of the federal court system where cases are tried, evidence is presented, and witness testimony is heard

docket

the list of cases pending on a court’s calendar

judicial review

the power of the courts to review actions taken by the other branches of government and the states and to rule on whether those actions are constitutional

majority opinion

an opinion of the Court with which more than half the nine justices agree

Marbury v. Madison

the 1803 Supreme Court case that established the courts’ power of judicial review and the first time the Supreme Court ruled an act of Congress to be unconstitutional

oral argument

words spoken before the Supreme Court (usually by lawyers) explaining the legal reasons behind their position in a case and why it should prevail

original jurisdiction

the power of a court to hear a case for the first time

precedent

the principles or guidelines established by courts in earlier cases that frame the ongoing operation of the courts, steering the direction of the entire system

Rule of Four

a Supreme Court custom in which a case will be heard when four justices decide to do so

solicitor general

the lawyer who represents the federal government and argues some cases before the Supreme Court

trial court

the level of court in which a case starts or is first tried

writ of certiorari

an order of the Supreme Court calling up the records of the lower court so a case may be reviewed; sometimes abbreviated cert.