Pols 1101 Test 1

Articles of Confederation

were the first constitution of the United States, in effect from March 1, 1781, until March 4, 1789, when they were replaced by the current U.S. Constitution

Virginia Plan

a 1787 proposal at the Constitutional Convention that called for a strong national government with three distinct branches and population-based representation

Bicameral

is a lawmaking body that is divided into two separate chambers, houses, or assemblies

Federalism

is a system of government where power is divided between a central national government and individual state or regional governments

3/5 compromise

was a 1787 agreement at the U.S. Constitutional Convention that counted three-fifths of a state's enslaved population for congressional representation and taxation

great compromise

of 1787, also called the Connecticut Compromise, created the two-part U.S. Congress to balance power between large and small states

unicameral

is a form of government with a legislature that consists of only one house or chamber

new jersey plan

was a 1787 proposal for the United States government that favored less populous states by giving every state an equal vote in a single-house Congress

unitary system

a centralized government system in which lower levels of government have little power independent of the national government

intergovernmental relations

the processes by which the three levels of American government (national, state, local) negotiate and compromise over policy responsibility

expressed powers

specific powers granted by the Constitution to Congress (Article I, Section 8) and to the president (Article II)

implied powers

powers derived from the Necessary and Proper Clause of Article I, Section 8, of the Constitution; such powers are not specifically expressed but are implied through the expansive interpretation of delegated powers

Necessary and Proper Clause

Article I, Section 8, Clause 18 of the Constitution, which provides Congress with the authority to make all laws “necessary and proper” to carry out its expressed powers

reserved powers

powers, derived from the Tenth Amendment to the Constitution, that are not specifically delegated to the national government or denied to the states

concurrent powers

authority possessed by both state and national governments, such as the power to levy taxes

police power

power reserved to the state government to regulate the health, safety, and morals of its citizens

Full Faith and Credit Clause

provision from Article IV, Section 1, of the Constitution requiring that the states normally honor the public acts and judicial decisions that take place in another state

Privileges and Immunities Clause

provision, from Article IV, Section 2, of the Constitution, that a state cannot discriminate against someone from another state or give its own residents special privileges

home rule

power delegated by the state to a local unit of government to manage its own affairs

dual federalism

the system of government that prevailed in the United States from 1789 to 1937 in which most fundamental governmental powers were shared between the federal and state governments

Commerce Clause

Article I, Section 8, Clause 3 of the Constitution, which delegates to Congress the power “to regulate commerce with foreign nations, and among the several States and with the Indian tribes”; this clause was interpreted by the Supreme Court in favor of national power over the economy

grants-in-aid

programs through which Congress provides money to state and local governments on the condition that the funds be employed for purposes defined by the federal government

categorical grants

congressional grants given to states and localities on the condition that expenditures be limited to a problem or group specified by law

cooperative federalism

a type of federalism existing since the New Deal era in which grants-in-aid have been used strategically to encourage states and localities (without commanding them) to pursue nationally defined goals; also known as intergovernmental cooperation

regulated federalism

a form of federalism in which Congress imposes legislation on states and localities, requiring them to meet national standards

preemption

the principle that allows the national government to override state or local actions in certain policy areas; in foreign policy, the willingness to strike first in order to prevent an enemy attack

states' rights

the principle that the states should oppose the increasing authority of the national government; this principle was most popular in the period before the Civil War

devolution

a policy to remove a program from one level of government by delegating it or passing it down to a lower level of government, such as from the national government to the state and local governments

block grants

federal grants-in-aid that allow states considerable discretion in how the funds are spent

New Federalism

attempts by Presidents Nixon and Reagan to return power to the states through block grants

general revenue sharing

the process by which one unit of government yields a portion of its tax income to another unit of government, according to an established formula; revenue sharing typically involves the national government providing money to state governments

unfunded mandate

a law or regulation requiring a state or local government to perform certain actions without providing funding for fulfilling the requirement

Elastic clause

is a part of the United States Constitution that grants Congress the power to pass any law needed to carry out its official duties 

Supremacy clause 

is a constitutional rule stating that federal laws and the U.S. Constitution take priority over any conflicting state laws

Reversed powers

powers, derived from the tenth amendment to the constitution, that are not specifically delegated to the national government or denied to the states.

Mcculloch vs maryland

is a landmark 1819 Supreme Court case that established the supremacy of federal laws over state laws and affirmed Congress's use of implied powers

United States v. Lopez

is a 1995 Supreme Court case where the Court ruled that Congress went past its power under the Commerce Clause when it passed the Gun-Free School Zones Act of 1990

Gibbons v. Ogden (1824)

is a landmark Supreme Court decision ruling that the U.S. Constitution's Commerce Clause gives Congress the sole power to regulate interstate commerce, including navigation

Baron de montesquieu

He is the principal source of the theory of separation of powers, and checks and balances

John Locke

asserted that government exists by the consent of the governed to protect natural rights and argued for limited government

Thomas Hobbes

Thought government necessary to prevant the anarchy that would occur without it

9

How many of the original 13 states were required to ratify the Constitution for it to go into effect?

civil liberties

areas of personal freedom constitutionally protected from government interference

habeas corpus

a court order that the individual in custody be brought into court and shown the cause for detention; habeas corpus is guaranteed by the Constitution and can be suspended only in cases of rebellion or invasion

Bill of Rights

the first 10 amendments to the U.S. Constitution, ratified in 1791; they ensure certain rights and liberties to the people

selective incorporation

the process by which different protections in the Bill of Rights were incorporated into the Fourteenth Amendment, thus guaranteeing citizens protection from state as well as national governments

Establishment Clause

the First Amendment clause that says “Congress shall make no law respecting an establishment of religion”; this constitutional provision means that a “wall of separation” exists between church and state

Free Exercise Clause

the First Amendment clause that protects a citizen's right to believe and practice whatever religion they choose

“clear and present danger” test

test used to determine whether speech is protected or unprotected, based on its capacity to present a “clear and present danger” to society

fighting words

speech that directly incites damaging conduct

“speech plus”

speech accompanied by conduct such as sit-ins, picketing, and demonstrations; protection of this form of speech under the First Amendment is conditional, and restrictions imposed by state or local authorities are acceptable if properly balanced by considerations of public order

prior restraint

an effort by a governmental agency to block the publication of material it deems libelous or harmful in some other way; censorship; in the United States, the courts forbid prior restraint except under the most extraordinary circumstances

libel

a written statement made in “reckless disregard of the truth” that is considered damaging to a victim because it is “malicious, scandalous, and defamatory”

slander

an oral statement made in “reckless disregard of the truth” that is considered damaging to the victim because it is “malicious, scandalous, and defamatory”

due process of law

the right of every individual against arbitrary action by national or state governments

exclusionary rule

the ability of courts to exclude evidence obtained in violation of the Fourth Amendment

grand jury

jury that determines whether sufficient evidence is available to justify a trial; grand juries do not rule on the accused's guilt or innocence

double jeopardy

the Fifth Amendment right providing that a person cannot be tried twice for the same crime

Miranda rule

the requirement, articulated by the Supreme Court in Miranda v. Arizona, that persons under arrest must be informed prior to police interrogation of their rights to remain silent and to have the benefit of legal counsel

unenumerated rights

unwritten legal rights that are inferred from other explicitly written rights

right to privacy

the right to be left alone, which has been interpreted by the Supreme Court to entail individual access to birth control and abortions

Obergefell v. Hodges

court decision that guaranteed the right to marry to same-sex couples

civil rights

guarantees of equal opportunity and protection through obligations imposed on government to protect individuals

social movements

sustained campaigns brought by and on behalf of disadvantaged populations in support of a political or social goal

collective action

the process of a group of people organizing and acting based on a shared goal

Equal Protection Clause

provision of the Fourteenth Amendment guaranteeing citizens “the equal protection of the laws.” This clause has been the basis for the civil rights of Black people, women, and other groups

burden of proof

the responsibility of an individual, organization, or government to provide sufficient evidence in support of a claim in court

discrimination

the use of any unreasonable and unjust criterion of exclusion

Thirteenth Amendment

one of three Civil War amendments; it abolished slavery

Fourteenth Amendment

one of three Civil War amendments; it guaranteed equal protection and due process

Fifteenth Amendment

one of three Civil War amendments; it guaranteed voting rights for Black men

Jim Crow laws

laws enacted by southern states following Reconstruction that discriminated against Black people

“separate but equal” rule

doctrine that public accommodations could be segregated by race but still be considered equal

Brown v. Board of Education

the 1954 Supreme Court decision that struck down the “separate but equal” doctrine as fundamentally unequal; this case eliminated state power to use race as a criterion of discrimination in law and provided the national government with the power to intervene by exercising strict regulatory policies against discriminatory actions

strict scrutiny

a test used by the Supreme Court in racial discrimination cases and other cases involving civil liberties and civil rights that places the burden of proof on the government rather than on the challengers to show that the law in question is constitutional

de jure

literally, “by law”; refers to legally enforced practices, such as school segregation in the South before the 1960s

de facto

literally, “by fact”; refers to practices that occur even when there is no legal enforcement, such as school segregation in much of the United States today

Civil Rights Act of 1964

landmark legislation that ended segregation in public spaces and prohibited discrimination on the basis of race, gender, religion, sex, and national origin

Nineteenth Amendment

amendment that guaranteed the right to vote to women

Civil Liberties Act of 1988

a historic piece of legislation in which the federal government formally acknowledged the forced removal and internment of Japanese people as an injustice that had been motivated largely by racial prejudice

affirmative action

government policies or programs that seek to redress past injustices against specified groups by making special efforts to provide members of those groups with access to educational and employment opportunities

Deferred Action for Childhood Arrivals (DACA)

a government program intended to allow undocumented immigrants who were brought to the United States as minors to legally remain in the country to study or work

Islamophobia

the fear of and discrimination against Islam or people who practice Islam