American Government, Federalism, Civil Rights, and Civil Liberties

Comprehensive set of vocabulary flashcards defining political theory, federalism, Supreme Court precedents, civil rights, and civil liberties based directly on the lecture transcript.

Collective Action

When people with common political goals and interests put resources together to pursue said goal.

Collective Action Problem

When personal incentives prevent people from pursuing interests shared by a group.

Free-rider Problem

When a public good does not require anything of an individual, leading them to benefit without significant contribution.

Prisoner's Dilemma

When people have a shared interest but have individual circumstantial incentives to not cooperate.

Tragedy of the Commons

When everyone has access to a good, but individual consumption or overconsumption reduces what is left for everyone else.

Compulsory Coercion

Taxes and legal requirements that people cannot exactly opt out of, used by authority to force compliance.

Temperance Coercion

Policies that discourage overuse of a good through restrictions or fees, where people opt into the good at a cost.

Transaction Costs

The time, effort, and resources required to reach a collective action decision.

Conformity Costs

The difference between what an individual wants and what the collective decision produces.

Path Dependency

When political decisions made in the past constrain the choices available in the future.

Federalist 10

An essay by James Madison arguing that factions are dangerous and that a large central government is needed so no single faction can dominate others.

Brutus 1

An anti-federalist essay arguing that a confederacy is better than a strong central government, expressing concern over the necessary and proper clause and supremacy clause.

Federalist 51

An essay by James Madison arguing that government needs enough power to protect liberty yet not enough to destroy it, utilizing checks and balances because humans are full of self-interest.

Checks and Balances

A system splitting the federal government into different branches that can balance and check each other's powers, which increases transaction costs and leads to slower government action.

Federalism

A system of government where power is divided between the federal and state governments.

Dual Federalism

A concept of federalism where federal and state governments have different and separate spheres of authority.

Cooperative Federalism

A concept of federalism where federal and state governments share overlapping responsibilities.

Regulated Federalism

A system where the federal government uses its authority to influence state action.

New Federalism

A modern political emphasis on returning authority to state governments.

Civil Rights

Rights that require the government to take affirmative action to protect citizens from discrimination and ensure equal treatment under the law.

Thirteenth Amendment (1865)

Constitutional amendment abolishing slavery and granting Congress authority to enforce the prohibition through legislation.

Reconstruction

A period following the Civil War that expanded the federal government's involvement in protecting civil rights and produced the reconstruction amendments.

First Reconstruction Act

Federal legislation establishing military control over most former Confederate states to help Congress overcome Southern resistance to Reconstruction.

Fourteenth Amendment (1868)

Constitutional amendment establishing national citizenship and constitutional protections against state violations of individual rights.

Citizenship Clause

A clause in the Fourteenth Amendment establishing national and state citizenship for qualifying individuals born or naturalized in the U.S.

Due Process Clause

A clause in the Fourteenth Amendment prohibiting states from depriving individuals of life, liberty, or property without due process.

Equal Protection Clause

A clause in the Fourteenth Amendment requiring states to provide equal protection under the law.

Fifteenth Amendment (1870)

Constitutional amendment prohibiting the denial of voting rights based on race, color, or previous condition of servitude.

Jim Crow Era (1877-1964)

A period characterized by state and local laws and practices enforcing racial segregation and discrimination, particularly in the South.

Plessy v. Ferguson (1896)

Supreme Court decision that upheld racial segregation under the doctrine of 'Separate but Equal'.

Brown v. Board of Education (1954)

Supreme Court decision ruling that racial segregation in public schools violated the Fourteenth Amendment's Equal Protection Clause, rejecting 'Separate but Equal'.

Civil Rights Act of 1964

Federal legislation prohibiting discrimination in public accommodations, employment, and other specific areas, utilizing the Commerce Clause.

Commerce Clause

Constitutional clause giving Congress the power to regulate interstate commerce, used to prohibit racial discrimination in businesses affecting interstate commerce.

Voting Rights Act of 1965

Federal legislation enforcing the Fifteenth Amendment by banning discriminatory voting practices, establishing a coverage formula, and requiring preclearance for voting procedure changes in covered jurisdictions.

Loving v. Virginia (1967)

Supreme Court decision invalidating state laws prohibiting interracial marriage under the Fourteenth Amendment's Equal Protection and Due Process clauses.

Regents of the University of California v. Bakke (1978)

Supreme Court decision invalidating a university's racial quota system for admissions using the Equal Protection Clause.

Thornburg v. Gingles (1986)

Supreme Court decision establishing a three-part test for racial vote-dilution claims under Section 2 of the Voting Rights Act.

Shelby County v. Holder (2013)

Supreme Court decision invalidating Section 4b (the coverage formula) of the Voting Rights Act as unconstitutional federal overreach.

Obergefell v. Hodges (2015)

Supreme Court decision recognizing same-sex couples' constitutional right to marry using the Equal Protection and Due Process clauses.

Louisiana v. Callais (2023-26)

Litigation regarding Louisiana's congressional district map, examining racial vote dilution and constitutional restrictions on race-conscious districting.

Civil Liberties

Constitutional protections that prevent the government from interfering with fundamental individual freedoms, associated with negative rights.

Bill of Rights (1791)

The first ten amendments to the Constitution, establishing protections for individual freedoms and originally restricting only the federal government.

Selective Incorporation

The legal process through which the Supreme Court gradually applied most Bill of Rights protections to state governments using the Fourteenth Amendment.

Barron v. Baltimore (1833)

Supreme Court decision establishing that the Bill of Rights originally restricted only the federal government, not state governments.

Establishment Clause

First Amendment clause prohibiting the government from establishing religion or improperly sponsoring religious activity.

Free Exercise Clause

First Amendment clause protecting individuals' freedom to hold religious beliefs and practice religion against certain government restrictions.

Engel v. Vitale (1962)

Supreme Court decision ruling that government-sponsored official prayer in public schools violates the Establishment Clause.

Lee v. Weisman (1992)

Supreme Court decision holding that clergy-led prayer at a public school graduation ceremony violated the Establishment Clause due to coercive pressure.

Kennedy v. Bremerton School District (2022)

Supreme Court ruling that a public high school football coach's post-game prayers were protected private religious expression under the Free Exercise and Free Speech Clauses.

Everson v. Board of Education (1947)

Supreme Court decision allowing taxpayer funding for transportation to religious schools, ruling it a general public benefit under selective incorporation of the Establishment Clause.

Freedom of Speech

First Amendment constitutional protection against certain government restrictions on expression.

Schenck v. United States (1919)

Supreme Court decision upholding an arrest for distributing draft-resistance leaflets, establishing the clear and present danger test.

Brandenburg v. Ohio (1969)

Supreme Court decision establishing the modern imminent lawless action standard for political speech and advocacy of illegal conduct.

Moody v. NetChoice / NetChoice v. Paxton (2024)

Supreme Court litigation concerning state laws regulating social media platforms' content moderation and editorial expression under the First Amendment.

Right to Privacy

An unstated constitutional protection recognized by the Supreme Court, derived from sources like the Fourteenth Amendment's Due Process Clause.

Griswold v. Connecticut (1965)

Supreme Court decision invalidating a state law prohibiting contraception use by married couples, establishing constitutional protection for marital privacy.

Eisenstadt v. Baird (1972)

Supreme Court decision extending constitutional contraception rights to unmarried individuals under the Equal Protection Clause.

Roe v. Wade (1973)

Supreme Court decision recognizing a constitutional right to abortion under the Fourteenth Amendment's privacy protections.

Lawrence v. Texas (2003)

Supreme Court decision invalidating state laws criminalizing consensual same-sex sexual conduct between adults under the Fourteenth Amendment's Due Process Clause.

Dobbs v. Jackson Women's Health Organization (2022)

Supreme Court decision overturning Roe v. Wade and Planned Parenthood v. Casey, ruling that the Constitution does not protect abortion as a fundamental right under the Due Process Clause.

Compelling Government Interest

A particularly important government objective required to justify restrictions on certain constitutional rights under high legal standards.

Strict Scrutiny

A demanding form of judicial review generally requiring a compelling government interest and a narrowly tailored government action.